I need to know if my efforts below are going to help....Please respond!!!!!!
You can read the details about this case in the Daily Journal, San Mateo County, during the trial in November-December. I can not find a complete search of all the articles.
http://www.smdailyjournal.org/articl...&storyID=37048
I feel the Journalist was reporting what she heard and I subsequentially kept in touch with her to follow the remainder of his court dates. His last statement to the judge during sentanceing was:
http://www.smdailyjournal.org/articl...&storyID=39976
I have a notorized Admirality Remedy Note ready to send through a Notory Acceptor. Is there anyone in the Sacramento Area that would do this for us until we are able to pay?
I am submitting the following during appeal:
Letter Rogatory
Exhibit A: (5 U.S.C. § 552a)
Affidavit In Support of Letter Rogatory
Accounting and True Bill
Appointment of Fiduciary
Letter re: Bond in Case No.
Exhibit B: Indemnity Bond
Certified Copy of UCC 1 Filing
The letter below is to my husband's judge prior to sentencing :
Your Honor:
God day Judge Mittlesteadt, I hope all is well. lalalalalalal..... II write the following points below, having penal code 1387 (c d & f), in mind.
When Tim’s trial started most of the evidence in his case was presented to me for the first time as it was to your court and the juror’s. Tim and I hoped to hire our own investigator and lawyer first, and have the lawyer negotiate his surrender. lalalalalala.....
lalalala.......Tom and he told us he hired a private investigator, but was unable to turn up any witnesses or anything to help Tim’s case. He said he had motions filed for demurrer before Tim filed his plea, motions for discovery after the plea, and then later on motions ready to file to suppress evidence. Months went by and Tim and I found our selves at his preliminary examination. lalalalalala.........
The DA put on their first witness and two questions in to cross examination, Tom quickly, stood up without consulting Tim requested, to waive Tim’s right to his preliminary hearing. lalalal........Seconds later I could tell by the look on Tim’s face he agreed to this decision under duress. I know he also was under duress when he told the judge he understood he was waiving his rights. lalalalal.....
I retained Michael Gaines lalalalal.. After requesting the discovery in this case Michael brought to my attention that Tom, the Court Appointed, Private Defender had very little in the file for Tim. lalalalalala......
1. Tom’s file was incomplete
2. Tom never hired a private investigator
3. Tom never filed any motions other then discovery
4. Tom never enforced getting any discover.
5. Tom never tried to negotiate Tim’s charges.
6. Tom waived Tim’s right to Preliminary Conference without properly investigating the charges.
The investigator we hired started to provide his investigation reports and one by one we were making progress on building a decent defense, for Tim’s case. As witnesses were interviewed, I was elated to find out Tim’s version of the events, were being proved through the private investigator. lalalalalal....... Mr. Gains told Timothy Arthur to that it was impossible to get another preliminary hearing.
This leads me to the trial and my thoughts on why I feel all three alleged victim’s had a vested interest to and is the fabricating these charges against Timothy Arthur. lalalalalala..... However the DA was willing to overlook all the lies only if it helped his case against Tim. Below are some points from the trial that stood out in my mind:
1. All 3 alleged victim’s lied multiple times to the police.
2. The people’s case also failed to produce any independent witness, without prejudice, to account for how the Tim procured any weapon that day. Furthermore witnesses testified to the Co-defendant leaving his girlfriends house, and then drove straight to pick up Tim, and then straight to Mr. Tunes house. Due to this alone provides reasonable doubt that the defendants did not have time to obtain a weapon. I told Mr. Gaines’s to question our witness Sumisi about a weapon because Tim and Sumis were together, before and after the alleged crime. Mr. Gains response was only that, “I will think about it”. Ironically, your honor, and most upsettingly after sentencing many members of the Jury waited for us outside the court room. The members of the jury expressed to Mr. Gaines and I that if he put on witnesses or evidence to prove he didn’t have access to a gun before and after the crime, they would have acquitted him of all charges.
3. Mr. Tune assuming that Tim was the original perpetrator in the first robbery began to make public threats to kill Timothy Arthur. There two witness’s, lalalala... they set Tim up. In fact Jim ended up helping the police try to find Tim, by driving around the neighborhoods. Nate was subpoena by the defense and did not show up to testify in this trial. Shouldn’t some repercussions come to Nate for this, considering his testimony would have helped tremendously?
4. I also believe that Rocha was a long time supplier of Marijuana, for Mr. Tune and they had a lucrative business together selling it. lalalala...Mr. Tune was the one who ended up loosing in the actual robbery Tim was not involved in. The defense didn’t get the opportunity to re-cross Mr. Tune or Mr. Rocha on the pack back, Ms. Sebastian testified to this after they were dismissed as witnesses, while Ms. Sebastian went on a trip to Hawaii
5. Tim and I were not notified that he was looking at attempted robbery charges ever. These charges were never discussed with Tim for any deal, nor would the DA budge any of Tim’s charges. Tim wouldn’t take any deal, and plus the best deal was only 17 years anyway. lalala... Tim and I were under the impression through our defense council that robbery was our only worry.
6. Ms. Sebastian testified that she look and Mr. Tune, through rose colored classes, hens one reason I think Ms. Sebastian had a vested interest in sticking to her original fabricated story. Plus filing a false police report carries some kind of crime behind it, doesn’t it?
7. In addition when the victim’s gave their statements together, in the living room, by the first responding officer. The first responding officer himself did not follow protocol, and separate the parties, to insure the integrity of their statements. Statements given together in the living room were the only time the three of the victims, were able to collaborate their stories beyond a reasonable doubt. When the investigative detective notice that the first responding officer did not separate the parties, he immediately put them in separate rooms obtain the rest of their statements.
8. The Belmont County employee who gathered finger prints and created the floor plan exhibit, made mistakes in the evidence gathering that evening. How is it that this person who is trained to pay attention to all of the evidence gathering details, could not produce any do***entation of evidence gathered in Mr. Tunes bedroom. Nor could this person produce an accurate detail of the furniture placement, in the family room?. These two rooms were significantly important, since the people’s case presented these rooms, to be where the majority of the alleged crimes took place. The placement of the furniture created reasonable the doubt needed in the charge of assault with a deadly weapon. This made it impossible for the alleged victim’s to see into the kitchen. Only after cross examination did the people pointed out that it was a recording mistake. lalala......
9. The people and the defendant were unable to prove beyond a reasonable doubt as to how Mr. Tune obtained the small bruise on his face. Even the expert witness testified to the jury, that nobody could say for sure, what caused Mr. Tune’s face injury.
10. The co-defendant never mentioned a shot gun in the beginning of his interrogation. He only started say information about the gun after hours interrogation and only until it was suggested to him. In fact the co-defendant was only worried about himself. The co-defendant jumped at the chance to get out of this problem and gets a deal to where he serves only 8 months in the county jail, followed by 3 years probation. The co-defendants girlfriend was unavailable to subpoena to testify, however she spoke the Timothy Arthur’s private investigator and said a few days after the alleged incident the co-defendant went to her condo to visit. It was then, after his interrogation he told her to lie about the gun and Tim’s involvement at Mr. Tune’s house. He told her if she didn’t lie for him he would be going away to prison for a very long time.
11. When the co-defendant arrives at his girlfriends house, after this alleged crime, his girlfriend and her friend were in the Co-defendants bedroom. This room is located by the front door of the condo. The co-defendant motions his girlfriend to follow him to very back of the condo, where the kitchen is. lalala... This witness even admits that some of the statements that she was sure she over heard the night, where actually conversation she had later with the co-defendants girlfriend. How are we to believe beyond a reasonable doubt what she heard that night, and what she didn’t hear that night. Plus filing a false statement to the police carries criminal charges, if they were proven not to be true.
........lalalalalalala
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Impeached Witnesses, yet Husband Facing 16 Years
