Jack K. Stein
Jack k. Stein
Monroe Correctional Complex
TRU – PO Box 888 – 955827
Monroe, WA 98272-088
January 22, 2009
A Travesty Through Judicial Misconduct
The underlying criminal case may be one of the worst examples of criminal judicial misconduct to convict an innocent person through suborn of perjury and other wrong doing, covert conspiracy to sabotage fundamental Constitutional rights affecting appeal and post conviction relief, and malevolent misuse of the court to control and exploit one’s valuable estate through fraud and criminal abuse of process initiated by a corrupt attorney and abetted by egregious mismanagement and miscreant court officials, as has been exposed in the United States in over 50 years.
Moreover, the Court of Appeals and Supreme Court have refused to consider Stein’s claims of misconduct, as presented in Stein’s previous Personal Restraint Petition and State Habeas Corpus.
After Stein’s 1988 conviction was vacated, the State prosecuted Stein again in 2004. The Attorney General represented the State at Jack Stein’s 2004 criminal trial. While the State secured a conviction, the State committed a series of egregious ethical and due process violation, including suborn of perjury, to falsely convict Jack Stein once again. Stein has filed a direct appeal, Personal Restraint Petition, and a State Habeas Corpus petition for post-conviction relief, asserting egregious misconduct by the Attorney General and court officials. Of particular interest, at this point, is Stein’s claim that the former deputy prosecutor, now Clark County Superior Court Judge Roger Bennett, committed judicial misconduct and conspired with an Assistant Attorney General, Lana Weinman, AAG, to violate fundamental due process in the 2004 trial. Indeed, compelling evidence confirm that Judge Bennett and Lana Weinman met with a reluctant State’s witness, with the express purpose of getting the witness, Richard Bailey, to testify against Stein at the 2004 prosecution.
Richard Bailey had testified against Stein in the 1989 trial, but the issued a series of affidavits, statements, depositions and testified in open court, that his 1989 testimony against Stein was untruthful, Moreover, Bailey specifically testified that two Clark County Prosecutors, Roger Bennett and Dennis Hunter, had solicited him to testify falsely against Jack Stein, and had provided both incentive and reward for his false testimony.
Indeed, among other incentives and rewards, Bailey testified that a prosecutor allowed him to use the prosecutor’s office for a conjugal visit on two occasions. Furthermore, Bailey testified that he received a script of what to say.
In the 2004 trial, Richard Bailey again testified falsely against Jack Stein. This time Bailey made up new (but false) facts, contrived to implicate Jack Stein as an accessory in the three crimes at issue. Although, Richard Bailey admitted to being the principle in the crimes, he fabricated facts calculated to falsely implicate Jack Stein. Richard Bailey has testified that he has asked Judge Bennett to assist him in employment, et al.
By recanting his 1990 recantations, and again agreeing to testify (falsely) against Stein, after Judge Bennett and Lana Weinman solicited him, in their infamous (and unethical) interview at Monroe, the State secured Jack Stein’s reconviction, in 2004.
Indeed, Mr. Bailey’s testimony was false and self-serving. Also, at the time of Stein’s 2004 trial, we did not realize the extent of benefit the State had dangled to seduce perjured testimony.
When one considers that, without any kind of seduction and/or reward, Richard Bailey had signed affidavits and testified in open court, admitting that he testified falsely against Jack Stein, and that Clark County prosecutors provided him with both incentive and reward for his false testimony, it should probably be of no surprise that Bailey has little compulsion to tell the truth. When one considers that Mr. Bailey admitted that he escaped serious consequences for at least one brutal murder, and extensive drug use and distribution history, hundreds of residential burglaries, and other crimes, it is interesting to learn that after Mr. Bailey’s release from prison, he told people he had “got out of time” by agreeing to testify (falsely) against his partner in the crimes and against Jack Stein.
Bailey also told people; “they (Judge Bennett) got him a job with the cops” as an undercover informant. Furthermore, from his friends, we determined that; initially, Bailey’s new job in law enforcement was in Florida. However, now Bailey has “vanished” not unlike several other witnesses in this case.
Since the only evidence implicating Jack Stein in the three crimes committed by Richard Bailey, in 1987, came from Bailey, and because Bailey has admitted to testifying falsely in response to promises, deals and rewards, from police and prosecutors, one should reject Mr. Bailey’s 2004 testimony against Jack Stein.
The principals testified to various and conflicting intent and motive. However, whatever their intentions, they were thwarted by Ned Hall, and ran off. A gun was fired, allegedly by accident. Ned Hall suffered a pinched finger when a door slammed on his hand. After fleeing the Hall residence, Bailey and two accomplices went to Portland, where, later that same morning, they burglarized a commercial business and stole the office safe.
Moreover, the trial testimony was that Jack Stein was not present at the crimes, and Jack Stein had no prior knowledge of the three crimes at issue. Furthermore, trial testimony was: “Jack [Stein] does not want any criminal activity against Ned Hall.”
At the time Judge Stonier sentenced Jack Stein, he made a written findings asserting the cause of the underlying crimes was Jack Stein’s greed. However, there was not a scintilla of evidence produced in the 2004 trial showing that Jack Stein was greedy. Moreover, there is NO way the crimes could enrich Jack Stein financially. And furthermore, the (alleged) crimes caused no serious personal injury and virtually nominal property damage.
Judge Stonier sentenced Stein to 660 months. Shortly after the sentencing, indeed within three minutes of the hearing, he was observed sharing handshakes and an embrace, a most friendly exchange, with elected Clark County prosecutor, Arthur Curtis (who has been known to be in pursuit of Jack Stein for many years). That conduct suggests the harsh sentence was urged by Mr. Curtis.
Prior to Stein’s trial, Arthur Curtis had contacted Mr. Stein’s attorney and demanded the attorney, Richard Petersen, withdraw from Stein’s defense. According to the explanation Mr. Petersen gave Stein, Art Curtis demanded Petersen withdraw, or Curtis would use his office to bring criminal charges against Mr. Petersen. Mr. Petersen was in tears a she explained his dilemma to Stein.
Regretfully, Stein has spent over 20 years in prison, falsely convicted of serious crimes, because Clark County prosecutor had used suborn of perjury, etc., to convict him.
The original conviction was overturned because a clerk of the Clark County courts admitted under oath that the prosecutors, Art Curtis and Roger Bennett (now a judge) had ordered her to hide transcripts in the basement of the Courthouse. At the time, those very same prosecutors had been filing sworn documents stating Stein and his families were responsible for the lost transcripts and large fines should be levied.
The foregoing is a small portion of the wrongdoing foisted upon Jack Stein and his family by attorneys, court officials and others. An overview is posted on the internet at; http://www.telepoprt.com~calebb/stein.html . We seek to expose the underlying misconduct for public comment.
The extent of fraud and abuse of process that was promoted and abetted by the Clark County Superior Court, through fraud, abuse of process and criminal judicial misconduct, is most astonishing. This is just a small foretaste of the list of misconduct and wrongdoing.
In summary, it cannot be denied but that State Court officials and COA Justices had deliberately abetted egregious misconduct, which sabotaged Stein’s Constitutional rights, or Stein is among the most unfortunate persons in the history of modern civilization.
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