Friday, September 2, 2011

Copy of My Motion To Extend Time (before ammendments)

Motion To Extend Time

Your Honor,

I am attempting to make a motion Pro Se, for an extension of time, per RAP 18.8, or if this does not fit, per whichever rule that the Judge may see fits, in the discretion of the court.
I have not requested even one extension of time, to date, throughout this entire process. I have attempted, several times, to communicate with the lawyers for this Appeal, and told them there was evidence that they needed to request, which has been withheld from the court.

Not having this evidence on the record makes my Appeal weaker than it should or could be. And this is evidence that The State of Washington knowingly withheld from the defense, and even admitted to withholding, on the record, in the hearings for termination.

I told my first Appeals attorney, Tanesha, about it. I asked her to please request this evidence for my Appeal because it is relevant and crucial to a full understanding of my case. She refused. She told me she didn’t have money to request it. Then my case was transferred to the Koch firm and they did not even bother to notify me that they had taken my case. In fact, they refused to even contact me prior to making their case for Appeal.

I had the right to review their motion and speak with them before they put forth an argument and they didn’t bother to contact me. I found out about them, over a month later and when I called to introduce myself or even find out who they were, they refused to talk to me. I kept calling and no one returned my calls. Finally, I reached someone and I was cut short. In total, with all my attempts to communicate, I’ve had a total of 40 minutes or less of talk-time with my Appeals attorneys. They refused to communicate with me by email even though they knew I couldn’t afford to pay for regular mail as well.

I kept trying to tell them, that the State of Washington withheld evidence--some of the evidence they even admitted to withholding and it was crucial to the entire case of removing my son from me.

If The State of Washington had given my first public defenders all of the evidence they had, as they were supposed to, this would have never been a case at all. They had no case. Instead, they lied, obstructed justice and withheld evidence they knew helped me, and then they lied even more to try to justify what they had done.

The public defenders that I have been assigned by The State of Washington have also had conflicts of interest. It’s not that I didn’t get along with them or didn’t like their personalities.

They were refusing to file even some of the records I did have with me, which were pertinent, and because they kept me from filing these things and obstructing me, my paper record is significantly weaker than it should be. For example, the State accused me of having mental illness or being delusional about medical issues that weren’t “real”. I had medical records which proved all the medical problems. I asked my public defenders to file this, to prove I wasn’t crazy. They refused. So as a result, when they had me assigned to a “psych eval” over a year later, they told the State paid psychologist I was crazy and there was nothing in the record or files to counter the defamation. As a result, the psychologist took only excerpts the State wanted her to see, and my public defenders and the State made no effort to show her the records which proved they were lying and that I was not delusional and “imagining” having physical problems from a childbirth malpractice, or that my son was.

They also withheld from this State lawyer, and from my own defense, mental health records they already had of me, from a counselor I went to paid for by the State, and 2 psychologists who were paid by the State to evaluate me. All three mental health professionals stated in records that I did not have any mental illness. However, when I told my public defenders about these records, they made no attempt to obtain them. Not only that, CPS and the AG had these records themselves, and they did not share this discovery with any public defender.

The evidence of mental health records which stated I had no mental illness, could have been used to show the State-paid psychologist what my mental health history was. But the State wanted to hide all of this from others, and from the paper record that could be appealed or called into question.

Another form of evidence the State admitted to withholding, and only revealed to me at the Termination Trial, was photographs of the condition of the interior and exterior of my house.

They had written a report for getting a Protective Order to take my son from me, and claimed, for example, that there was “4 feet of garbage around the exterior of the house.” There was not any level of garbage lying around the outside or inside of the house like this. What the photos would have shown, is a couple of sealed, plastic and tied up garbage bags sitting at a distance from the house near a burning barrel that, when stood upright, were maybe 1-2 feet tall. It was normal. But because the State withheld these photos, I had no way to prove their lies and deliberately gross exaggerations.

The State not only withheld mental health records that stated I was not mentally ill, and photos of the condition of my house, they also withheld other materials that were not privileged and were crucial to my defense.

For example, before they took my child from me, CPS/AG and DSHS first offered to pay for me and my son to leave Washington State. They attempted to bribe me to leave and said they would pay all traveling and moving expenses for me to relocate, with my son, to Utah. This offer was made by the AG of Washington State, Ms. Bridges, and Tina Thornton. I had told people I was trying to get a law firm to sue for medical malpractice damages to me and my son in childbirth. The only jurisdiction that would help us with this was Washington. I was bribed and pressured to leave Washington state, and when I turned it down and refused, they tried to kick me off of benefits and take my son from me.

I had requested all DSHS records, in writing, about 10 times. This was before any kind of complaint was even made. I had a right to copies of any and all DSHS records about me. To this day, my request has been refused and this evidence withheld. The reason I asked for the records was because I believed my calls and contacts about my plans and the offer by CPS would be contained there. I also felt that anything showing I was a good mother, and regarding my compliance with any requests for benefits, would be shown as well. Not only this, but because I had won litigation against DSHS prior their taking of my son, I believed I was going to be able to show a malicious motive for going after me and lying to do it. Not only were DSHS records about social benefits and CPS withheld, but my attempts to get assistance for temporary SSI disability for my medical damages from childbirth…all those records were withheld too. I had asked DSHS to help me with getting a physical and evaluation for physical temporary SSI because my damages and injuries in childbirth were severe and prevented me from work. They obstructed my attempt. At the time, they knew I was looking for a law firm and planning to sue, so I don’t know if this is why they refused to help me when I made the request (in writing and by phone).

Other evidence that was withheld which is not privileged and would have helped my case is police records. Police records that the AG had, about me and my son, were not privileged and should have been turned over to the defense. Records with the Canadian immigration and law enforcement were also not privileged and they should have been turned over to the defense. While communications between the AG and CPS are privileged, the communications with police or law enforcement are not. They knew this, and they withheld this evidence from the defense.

If they turned the evidence over, it would have shown they had illegally attempted to kidnap my son from me while I was legally out of the country and had sole legal guardianship of my son.

They also would have shown what kind of defamatory materials and things were said about me which would have shown malicious motive. Not only that, even claims they made to Canada about how I was on the run from the biological father could have been proven to be deliberate defamation because the DSHS records would have shown the State already knew there was no father of interest and child custody and child support departments had already contacted me and cleared this and I was the only legal guardian. By lying and saying I was on the run from a father or that I was kidnapping my own child, they defamed me knowingly and this would have helped my case because I could show malicious motive going beyond any kind of “absolute” or “limited” immunity privilege. Their conduct and the records they withheld proved they acted outside of the scope of their duties and sought to extend their powers over the borders of The United States of America to Canada.

I was defamed, defrauded, and placed under a false arrest because of these knowingly malicious lies.

They withheld evidence that proved they overstepped their boundaries and colluded to have me put under false arrest. There was no international treaty or agreement between the U.S. or Canada that provided for them to take my child from me when we were out of the country.

The State withheld so many different forms of evidence, I am prepared to make a list.

If it seems I’ve had problems with public defenders, it’s because they were not doing their job, not because I’m a difficult person to work with. All of these forms of evidence should have been requested by my public defenders and should have been voluntarily handed over by the State of Washington. I did not know about all of the evidence withheld until Termination Trial.
Not only did I have incompetent public defenders who had conflicts of interest, I was refused any kind of legal help or attorney for over a year, and during this time, CPS and the AG created a paper snowstorm to benefit themselves.

Finally, I had over a year of physical medical problems of miscarriage and frequent subsequent hospitalizations. This prevented me from addressing the legal system on my own and when I recovered and asked my public defender to put this information in the record, they refused.

It is true that I should have had a lawyer representing me for Termination proceedings.

It is also true that there are very serious infractions which have been committed by The State of Washington which none of the public defenders or Appellate attorneys have been willing to address or put into the paper record.

I believe leaving this information out, about all of the crucial evidence that was deliberately withheld, is significant.

I feel I have the right to have this discovery before an argument for Appeal is even made and I have asked and asked to no avail. I also feel that this evidence will show the appropriate action for the State to take, upon examination, is to throw out the entire case, and return my son to me at once.

CPS had offered to throw out my case in the beginning, and they decided instead to hide the evidence and lie and commit crimes to cover what they had done.
I have not been able to address the court until now because I was forced into homelessness, and repeatedly drugged and medicated and assaulted. I was also in and out of the hospital during this time, for various reasons. I had my legal records repeatedly stolen from me and no secure place for making any kind of collection of things and an argument.

Even recently, the printers at both home and office were disappearing from the computer and burning out in this last week, after I made a statement to my attorneys and online that I was going to make a motion to the court. I am attaching a declaration so this court knows that I was trying to submit something earlier but was prevented from doing so. There is a library but I do not have money for printing.

I only recently was able to return to live near family and have a stable place to live and get off of whatever medications and drugs had been given to me.

My request for an Extention of Time is to allow me to further address the court about the discovery I should have before a hearing for Appeal is made. It is not fair to me or my son and prejudices my case to have this evidence out of the record.

It also strengthens my argument about why I had problems with some public defenders and also makes the grounds for my Appeal sustainable on more than one level.

Another example: one form of evidence withheld from me is records of my son’s health and his medical records. The State made dishonest claims about his health and what it was after and during my care, and this material was relevant and not privileged and it was withheld from me. None of my public defenders sought to obtain this evidence for my defense even though I repeatedly requested it and it was not within my power to obtain as I no longer had guardianship at that point.

I need more time Your Honor, and as this is the first and only request I’ve made to the Appeals court, I ask that you grant my request. I also ask that you encourage my Appeals attorneys to help me obtain the evidence the State has withheld, or if they continue to refuse, to allow me additional time for making motions to compel discovery and evidence.

Thank You for your time and consideration of this matter.


Cameo Garrett

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