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“Each year one vicious habit rooted out, in time might make the worst man good throughout.” ~~Benjamin Franklin
WIND UP THE WAY-BACK MACHINE!! REPORTER'S TRANSCRIPT OF JURY TRIAL PROCEEDINGS "My memory is subject to repeated error, at this advanced stage of my decline, so I could be wrong." ~JUDGE A. HOWARD MATZ
"Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber." -U.S. v Faretta , 422 U.S. 806 (1975) OUTSIDE IT'S AMERICA. When speech is compelled, additional damage is done. Individuals are coerced into betraying their convictions. Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning. -Thomas Jefferson
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The following cover up is brought to you by Global Double Crossing. A.K.A. A Confrontation Clause Violation, by a court, in reverse. From the tail to the head it stinks with the force of a five-week old, unrefrigerated dead fish. Page 10.
And if it was and there was a lack of prosecution on this record I think we have made out our burden. If discovery shows that Schmoe was Winnick for example, I mean the decision, it would be political dynamite to prosecute Winnick in this case. In addition to the strategic problems of having what that would do to this case. It's clear to me that a decision to prosecute... -- Transcript of 01.14.2003 Docket #113 Page 27-28
Judge: “I assumed that the government was going to put him on the stand, no?” MR. HARRIS“I don’t think so. … So if this trial is going to be continued, one of the things that I’ll want to do is somehow withdraw that in a manner that we can get Mr. Winnick again, if and when.”
Judge Matz: “I can arrange that.” Prosecutor: “I have the ability, Your Honor.”
Judge: “I want you to communicate to the lawyer or to Mr. Winnick or to both, that although he doesn’t have to respond to the subpoena on the date or under the terms that it may have contained, he remains responsible to respond on whatever date he is later notified. I don’t want anybody to have to go through any protracted or new ground of efforts to subpoena him anew. So the subpoena remains outstanding, although the trial date has been continued. Please communicate that to Mr. Winnick and his lawyer.” Transcript of 08.27.2003 Docket #188 Page 52, Lines 6-19 Mr. Nicolaysen had indicated to me that that availability was no longer necessary or required. So I have indicated that to Mr. Winnick’s attorney, and he is not under "my" subpoena" anymore. I just wanted to make that clear because that was kind of left hanging, and I don’t think there’s any written communication that would be in the file between myself and Mr. Nicolaysen on that point.” Judge: “Thank you for clarifying.”
Page 269-270. Putting aside these categories of documents, what kind of oral testimony from Winnick is part of your defense that you think he has to be sure to be here for?
KILLERCOP: Well, if the Court remembers, back when Mr. Harris was my counsel, the Court issued a standing order that Mr. Winnick be kept under subpoena --
THE COURT: Yes, I do.
KILLERCOP: -- and I wouldn’t have to go through what I'm now having to go through to compel his process.
THE COURT: I didn't quite issue that, my recollection is different. But I do recall -- and to shortcut this, some people -- some sides thought that Winnick might be a percipient witness. What would he be percipient to? percipient means that he experienced, that he did it.
KILLERCOP: Allegedly, Killercop said to him that -- the statement "Keep your dogs at bay. I'm now armed."
THE COURT: Let’s issue the subpoena to Winnick.
MR. REED: And we just wanted to get some guidance from the Court and perhaps also, obviously, from Killercop, with respect to these witnesses, because I have a feeling that, with respect to one, Mr. Gary Winnick, that witness previously had been anticipated to be called in the first trial. And the government, at that point, I believe, had some kind of agreement with the law firm that represented him that if the subpoena was just dropped off at that law firm -- Christensen, Miller -- that Christensen, Miller would accept service of that subpoena on Mr. Winnick and the investigators didn't have to track him down. They would be cooperative. And the government would see to it, also, that he got here. Well, that's not what happened in the service of the subpoena recently to Christensen, Miller concerning Gary Winnick. And we perhaps need the government's assistance.
Perhaps there is still this agreement that they have that if he's attempted to be subpoenaed, they can help us get Gary Winnick. I didn't want to bring it to anybody's attention because the government doesn't know at this point that we want to call him, and I'm not sure what Killercop wants to do in that regard.
THE COURT: First of all, I am a hundred percent certain that the government, on the record, at some earlier proceeding -- I don't remember which one, Mr. Reed -- specifically said that they weren't going to be calling Mr. Winnick, and that any arrangements to involve the government or procure the government's assistance in serving Mr. Winnick would no longer be applicable. I don't really remember when that was said. We can explore it with them, if you want. I don't know what you are asking me to do exactly.
MR. REED: Well, can we make an update with respect to some other witnesses, too, and get to Mr. Winnick later? Page 654-655.
THE COURT: Here's what I'm inclined to do. I don't know that there is anything further I can do, having issued -- having authorized the issuance of the subpoena. You are welcome to speak with counsel for the government, Mr. Reed, on behalf of Killercop, to see whether they have an arrangement, or if they don't, whether they are willing to explore or attempt to create an arrangement by which, in some fashion, directly or indirectly, Winnick can be served. I don't think it's their obligation to. But I encourage you to question them as to the accuracy of my memory, that they specifically said, at some earlier time, that they weren't going to call him. They weren't going to insist on having him served. My memory is subject to repeated error, at this advanced stage of my decline, so I could be wrong. Page 810.
MR. REED: Yes, Your Honor.
THE COURT: Do you have a deal worked out?
MR. REED: No, we don't. They are trying to assist me in getting the name of the attorney who represents him who is a different attorney than Christensen, Miller. They are going to try to give that to me this afternoon.
THE COURT: Fine. We are adjourned until tomorrow. I have a lot of things I have to do.
Page 1745.
10.28.2003 Docket 271 See letter attached to ORDER by judge, dated Oct. 16, 2003, pages 1-3.
KILLERCOP: “I renew my right to call Gary Winnick under the Sixth Amendment. You indicated you didn’t want anyone to go through any protracted or new ground of efforts to subpoena him anew. “ Further, the next letter attached deals with the missing audio-tapes..., which were subpoenaed by the defense, turned over to the government after Harris was removed as counsel, and never turned over to the defendant by previous counsel Nicolaysen, even though the judge made a ruling that they had been turned over to defendant prior to trial.
TWITTER (CENSORED 03.26.2023)
They all ignored their oaths, the facts, the rules, the laws, the 5th and 6th amendment and proceeded forward with a selective persecution in a secret hearing. "Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." -Elie Wiesel With the above in mind, could you please help and make a small donation. TO DONATE JUST SCAN THE VENMO OR ZELLE QR CODE BELOW.
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