Back Out Of Lawyer (March 14, 2008)

RE: Upcoming hearing‏
From: cam huegenot (cameocares@live.com)
Sent: Fri 3/14/08 12:31 AM
To: dicksiedael@aol.com


Mom,

It's too late to back out of this. I cannot go to the court without a lawyer and I will definitely lose if I appear pro se or "apologize" and ask for a court appointed attorney. You guys WERE aware of the costs and now, last minute, you're backing out. It was a week ago that I agreed to YOUR conditions and it's just been hold up since then. You said youl'd do it as a gift and I have said I'll pay you back. You can either believe me or not. If I go there without a lawyer, I'll lose. I DO have a chance to win with representation, and Beaty has already suggested using some other lawyer he knows in Ellensburg for that if you want to save on travel.

No one can tell you to keep paying for a lawyer if you can't. We sign the retainer, saying we hiring him, and if we have to drop out, if it starts adding up, that's what anyone has a right to do. What was probably not smart was telling him we would drop out possibly. I don't know.

You agreed you'd help pay for a lawyer for at least this hearing and the change of venue one, and you've had all this time to discuss this with Mr. Beaty. You talked to him on the phone twice in the last couple of weeks. I've given you all the details.

If you're not going to hire Beaty, he needs to write an explanation and write a request for another continuance on my behalf, so I have time to find another lawyer who will take this. If he wins this hearing, we don't have to pay for anything else.

I have been working on this for a month. I've been writing you, sending email, calling you, and begging for help and to find out what you'll do. Now you guys
are backing out last minute and I've told you several times I WILL NOT go with a Wenatchee PD. I already know what they're like. How many times do I have to tell you how they did NOT help me last time, and just took the easy route? They have a lot of experience with THOSE kinds of cases too, and they were telling me to do things that were not GOOD for my case or best interests. Even Beaty was surprised I was able to stand up to them under their pressure. He was genuinely impressed and said that was very hard to do and good for me.

I need to talk to you first thing tomorrow morning by phone.

Beaty already told what the whole thing would be and what his conditions were, over a week ago. He said about $2,000, and like I said, he's not charging $250/hr. That was for a bunch of other stuff. That's not his "rate".

I must have a car. It's still at Walmart and I told you that, but I have NO ONE who will help to pick it up. I need you to rally your family to find someone to do it. I absolutely must have my car.

I know that if I do not have a private attorney, I will allow defaults to take place, because it's not going to do any good to have a PD and I will not work with one. I've already had to work with them befor4e and they worked against me and against my case, and they had plenty of experience with those kinds of cases. Beaty has lots of experience with these cases too. My faith in the "system" in Wenatchee is zero. There is no point in even wasting my time to travel there if I have to go pro se or have a PD. I've already explained my reasons and I won't do it.

Love,

Cameo

________________________________
> To: cameocares@live.com
> Subject: Re: Upcoming hearing
> Date: Thu, 13 Mar 2008 15:14:13 -0400
> From: dicksiedael@aol.com
>
> I don't know what to do. I had told Mr. Beaty that I, too, did not think it wise to have you represent yourself, and Kyle Flick
> basically said the same thing. However, if there is no change of Venue, we cannot afford to have $2,000 JUST FOR TRAVEL each time there is a hearing...and I even got the 'impression' from Kyle that if fact finding results in you still having to be spearated for a time, there willl be ongoing hearings during the course of things. Even if an atty from Ellensburg were engaged, he'd be looking at something like 3 hours round-trip travel to get to Waterville and back....and that's in addition to his time in court and preparation...on top of which we'd be paying Mr Beaty to meet with you and relay things to Ellensburg. In addition, YOU dont have a way to go meet with an Ellensburg attorney when needed...not easily. I went ahead and forwarded another payment of $1,000 to Mr. Beaty for representing you at this upcoming hearing. Problem now is timing. It is getting WAY TOO LATE to be trying to find another attorney...say in Wenatchee...to get up to speed and represent you, and it's way too expensive for us to be paying NOT just "for an attorney to represent you" but to also be paying for their TRAVEL if from out of the area....that just way ups the cost. AND....you can NOT just sit and say you will not go to court till you have money. You should know that if you do not appear, you will simply lose by default. Yet I'm also concerned that since this judge has already done, what?...two continuances?...that he will be fairly 'ticked' if you are not there this time . Sheesh...it's starting to be overwhelming to me 'cause there seems to be no practical option. EVEN a court appointed attorney would take time and we're running out of time at this point from what I can tell. If we just 'engage Mr Beaty' for 'the long haul', THAT's not what we agreed to, either, since you had said you'd switch to court apptd later...AND we can NOT pay $2,000 (or more) for each trip he would have to make to Wenatchee....that cost being on TOP of regular attorney fees.
>
> As to court appointed, EVERYONE I talk to pretty much says they "think" you'll end up having to 'go through the hoops' ultimately.
> slight chance of it getting dismissed and that not happening, but that's the most likely. They also say court appt'd guys at least are very experienced with these cases and do them all the time and IF it's a matter of going through the hoops, the court apptd can do as well as private. Kyle even told me that. The thing you DO need to keep in mind is that you can NOT just 'refuse' to go to court...for whatEVER reason. Dad says he will not 'sign a blank check' for Mr. Beaty to continue to represent you. We like him (or I do, Dad just goes by what I've said), but he's spendy to begin with on hourly basis (as compared, for instance to Kyle who I think Locklyn once said gets something like $90 hr...though maybe i'm wrong in that. I know Kyle did indicate $250 was 'pretty high') Anyhow, even at the hourly rate, there's the TRAVEL to add and it's just not something we can do. SO....that means getting someone else if Mr Beaty can't do it. I'm beginning more and more to think that the public defender is about the most practical option. We could still work with him to arrange our choice of psychologist...and if necessary, we can still pay for that. Mr. Beaty says that alone could be $2,000-$3,000. We are not an endless source of money, Cameo. We do want to help, and do understand but also HAVE been praying about this ongoing every day through much of each day. If this is how it's turning out, perhaps this is my answer to prayer. God knows and he is in control. I believe that.
> I do think you need to consider the public defender and we will be praying hard for WHICH one would be appointed. It STILL is not great, because you have to have one appointed and THEN have time to meet with him, etc. and him prepare. Don't know if the judge would be a bit lenient due to fact he'd perhaps know we TRIED with Beaty and it didn't work out? I was fully prepared to have Bob Beaty represent you, but NOBODY really thinks a change of venue will be granted, and that changes the whole picture. I seriously don't know what to do, but think it is looking like court-appointed with apology to the court that it's so last minute.
>
> As to your car, I did ask you to double check that it is STILL in walmart lot and then see who you could get to go for it and what that would cost. You have not gotten back to me, but I've mentioned it twice.
>
> We are willing to help with the car if it's still in the lot...but you do need to CONFIRM that it is STILL there. If it's been put in storage, it would cost more by now than it's worth, so that would be another issue...but see what you can find out. WE cant go get it....and I think you've about used up any goodwill by most other family members. So I'm waiting to hear back from you on this issue.
>
> Okay, let me know what you think. Love, Mom
>
>
>
>
> -----Original Message-----
> From: cam huegenot
> To: dicksiedael@aol.com
> Sent: Thu, 13 Mar 2008 10:13 am
> Subject: FW: Upcoming hearing
>
>
>
> MOM AND DAD;,
>
> NO WAY am I going to represent myself pro se. I will get SCREWED. It is NOT a
> good idea.
>
> You guys said that if I agreed to your conditions, you would help me with this
> lawyer. I need that help.
>
> Oliver and I need your full support and I have been willing to do things for you
> that I REALLY, REALLY do NOT want to do, just to get this help.
>
> This is NOT going to work, for me to represent myself. I need a committment
> from you guys that you will retain this guy so I can have full representation.
> It IS possible that much later down the road, the judge will excuse him of
> duties, because a judge canNOT force a private party to pay for the whole deal
> if it exceeds costs and is unaffordable.
>
> Also, I do not have a CAR and this is SERIOULSY affecting my ability to get a
> job. I am trapped out here and MUST have a car.
>
> I need you to call me right away. I'm not going down to Beaty's office for
> anything until I hear he is going to represent me all the way.
>
> They want me to come down to their office now and sign a declaration for my
> response and I guess, tell me to do it alone. I CAN'T do it alone. Do you
> REALLY think a judge is going to take ME seriously when I've been alleged by
> multiple persons, including CPS and the AG and doctors, of being totally
> mentally ill?!!!!! NO WAY.
>
> Please call me.
>
> Love,
>
> Cameo
>
> ----------------------------------------
>> To: cameocares@live.com
>> Subject: Upcoming hearing
>> Date: Wed, 12 Mar 2008 14:37:37 -0400
>> From: beatylaw@aol.com
>>
>> Cameo,
>> I need to see you. A number of things need to be addressed:
>> 1. The AG will not let me appear on your behalf for a limited purpose,
>> like this upcoming hearing, and then withdraw. As I supected their
>> rule is that once you are in you canot get out without court approval.
>> I can help you on a pro se assist basis which means you have to
>> represent yourself for now, but I will help you.
>> 2. The judge is required to protect his record. On appeal, if you
>> are not provided with court appointed counsel, any ruling he makes
>> could be reversed-he has to see that you have a lawyer even if you do
>> not want a public defender. He will appoint one over your objection
>> nest week, so we have to deal with that issue. I have an idea how to
>> do it and save you money. A PD can be appointed and I can work
>> with him and you and if yo need me to appear, we can deal with that
>> at the time. I could perhaps appear for you for the fact finding
>> hearing and help deal the the selection of the expert.
>> 3. I have prepared some papers that you need to review so they can be
>> filed this week; your declaration and a motion to dismiss the case for
>> lack of grounds. I think you have a 50-50 chance to get the judge to
>> dismiss the case. Even if he does not dismiss, you have a sound
>> argument and he can see you as a mentally healthy person in action. I
>> can coach you.
>> 4. The AG says CPS mailed discovery to you; have you received it yet?
>> What address did you give them? If you gave them an address and that
>> address is no long good, they can tell the court it was your last
>> known address and the court wil proceed as if you had received the
>> papers; meaning even if you did not get the material, the court will
>> proceed as if you did because you have a duty to report any change
>> of address.
>> I need to confirm that this email address is working. Call me ASAP.
>> Bob
>>