FREE KEVIN WALSH

[I had been indicted with three counts of assaulting a peace officer with a deadly weapon, a class two dangerous felony. The possible range of sentences was, in fact, 10 1/2 to 63 years, so I faced what may well have been a life sentence. --Kevin Walsh]

Kevin instead chose to accept a plea bargin and plead guilty to a crime he didn't commit. Since Kevin had alread spent almost a year in Maricopa County Jail waiting to go on trial he would have plead guilty to any thing if they let him out of jail.

Kevin didn't get that good of a deal. They told him if he took a plea bargin the judge could give him from no more jail time to up to 1 more year of jail time.

At the begining of the court document it pretends that Kevin is not under duress and doing this under his own free will. Hell the guy is facing 30 years and jail and they offer him a way to get out in 8 months? Is that duress or what? And Kevin's government doctors are forcing Kevin to take powerfull drugs that affect his mind. Yes sure Kevin is intelligently waving his rights.

Count(s) 1 and 2: WAIVER OF TRIAL: The Defendant knowingly, intelligently and voluntarily waived all pertinent constitutional and appellate rights and entered a plea of guilty.

This is his sentence from the court documents on his case which is case number CR2004022034. This is the document which contains his sentencing information. It says:

Count 2: 1.5 year(s) from 08/08/2005
Presentence Incarceration Credit: 304 day(s)
Mitigated

Condition 16 - Restitution, Fines, and Fees:

PROBATION SERVICE FEE: Count 1 - $50.00 per month.

ASSESSMENTS:

Count 1: PROBATION SURCHARGE: $5.00

Payment to commence on a date to be determined by the APO and is due on the same day of each month thereafter until paid in full.

Defendant's thumbprint is permanently affixed to this sentencing order in open court.

[It was not fear of a long sentence that caused me to accept the plea agreement. I did not plead guilty to any offense of which I was not guilty. I pled guilty to disorderly conduct, specifically reckless display of a firearm, and I am guilty of that. It was reckless of me to struggle with the cops with a loaded pistol. I also pled guilty to assaulting a peace officer and inflicting a substantial injury. I was more reluctant to accept that part of the plea agreement, because I hadn't intentionally injured Officer Redmon. What happened was that Officer Redmon overexerted himself while trying to wrestle me to the ground and tore his meniscus. My attorney, Ms. Stewart, convinced me that I was legally responsible for that injury, since I was resisting arrest when it occurred, and that is why I agreed to plead guilty to that charge. I steadfastly refused to agree to any plea agreement that required that I plead guilty to assaulting the cops with a deadly weapon, as that never happened. This is not to say that I repent of my actions or do not believe they were justified. I was, however, guilty under the law of violating those statutes. --Kevin Walsh]

Here is some text from the other documents which indicate that the court system is more of a kangaroo court systems then a court system where justice served.

Document

The Court has considered the Defendant’s motion for new finding of probable cause and the response. The Court has also considered oral argument of counsel.

In his motion, the Defendant argues that the prosecution presented misleading and exculpatory information to the grand jury. A prosecutor may not knowingly provide misleading information to the grand jury. Nelson v. Roylsten, 137 Ariz. 272, 669 P.2d 1349 (Ct App. 1983). Defendant also argues that the prosecutor did not present important exculpatory evidence to the Grand Jury. The Defendant argues that Detective Hotchkiss failed to tell the grand jury the Defendant did not successfully draw his pistol from the shoulder holster and gave the Grand Jury the impression that the pistol had been drawn. Defendant also asserts that Detective Hotchkiss should have informed the grand jury that Defendant had not made any threats against the police but was attempting to commit “suicide by cop.”

Misleading information - The record indicates that Hotchkiss did indicate that Defendant did not draw his pistol, although he testified that the Defendant was attempting to pull the gun. Moreover, although Defendant may not have directly threatened the officers, he repeatedly expressed his desire that he intended to commit suicide and wanted the police to shoot him. Such statements, made during a violent struggle, could be considered threatening to the police. Based on the record, the Court cannot find that the information provided to the grand jury concerning the assault and resist was misleading. Moreover, even if Hotchkiss testimony was misleading, there is no evidence that the prosecutor knowingly provided such information to the grand jury.

Exculpatory evidence - Defendant also argues that this same evidence (the gun not having been pulled and the lack of threats) was exculpatory evidence that should have been presented to the Grand Jury. Defendant also argues that his statements to the police indicated that he was attempting to kill himself by “suicide by cop”, not threatening the police. Although a prosecutor need not actually present exculpatory evidence, he must inform the grand jury of its existence and give the grand jury the opportunity to order its production. Trebus v. Davis, 189 Ariz. 621, 623, 944 P.2d 1235, 1237 (1997). As noted, the Court finds that the record indicates that Hotchkiss did make clear that the gun was not drawn, but that Defendant was attempting to do so. While the Defendant may not have directly threatened the police, the struggle, his attempts to pull the gun and his repeatedly screaming “just kill me” could certainly be interpreted as creating a potential threat. Moreover, the record indicates that Detective Hotchkiss did provide the grand jury with adequate information concerning Defendant’s statements concerning suicide. Under these circumstances, it is difficult to see how the lack of a threatening statement is exculpatory. Given the record, even if the prosecutor did not inform the grand jury that the Defendant did not directly threaten the police, that omission is immaterial.

The record supports the Grand Jury’s determination of probable cause as to the indictment.

IT IS ORDERED denying the Defendant’s motion for new finding of probable cause.

Hmmm.... the court says Kevin is competent to stand trial but then turns around and ORDERS him to take powerful mind altering drugs??????

Document

THE COURT FURTHER FINDS the Defendant competent pursuant to A.R.S. Section 13-4510(B).

THE COURT FURTHER FINDS that the current medication regimen is necessary to ensure Defendant's ongoing competency.

IT IS ORDERED that the Defendant shall take any and all medications as prescribed.

Now they are denying Kevin his right to a prompt trial. Kevin's public defender is not ready to go to trial!

Document

Counsel for the defendant not available – in trial

Secret Service Special Agent Ray LeBeau is the person who had Kevin Walsh arrested. Secret Service Agent Ray LeBeau lied and told the Phoenix Police that Kevin had threatened to kill President Bush and that Kevin Walsh was crazy and needed mental health.

But hey the court is certainly not going to allow Kevin to question the Secret Service about what they said. Hell NO! Kevin may get a fair trial and the charges might be dropped if that happened. But the court will pretend that Kevin is getting a fair trial any way.

Document

IT IS ORDERED denying the defendant’s Motion to Compel.

Having been advised about the nature of the case, the Court agrees that the information is irrelevant and, in any event, the Secret Service is not under the control of the prosecutor so that the State has any obligation to secure the information.

And one last attempt to deny Kevin Walsh a fast speedy trial. Hell NO! The State of Arizona has not give Kevin's lawyer the information required for discovery.

Document

9:56 a.m. Upon written motion by counsel for the defense, no objection by the State, and good cause appearing based on the following grounds:

Discovery not complete,

IT IS ORDERED granting the Motion for Continuance.

IT IS FURTHER ORDERED vacating the Firm Trial set for June 27, 2005 and resetting same to July 12, 2005 at 9:30 a.m. in this division.

The Nazi Judge on the Maricopa County Court system who sentenced Kevin Walsh was:

HONORABLE GREGORY H. MARTIN

HEATHER LEE KIRKA

Belle Whitney

[I do not know the political affiliations of Judge Martin, Ms. Kirka or Ms. Whitney. I doubt very much that they are Nazis, as they would be unwilling to so participate in the machinations of the Zionist Occupational Government if they were. I will say this in Judge Martin's favour, however. He did give me the minimum prison sentence allowed by law for the offense of felonious disorderly conduct. --Kevin Walsh]