Clark County Prosecutor, Anthony Golik, accused of “inventing a crime”.

According to the US Federal 9th Circuit Court of Appeals, which says,

So important is the interest in promoting the administration of justice that the prosecutorial immunity “applies even if the prosecutor is accused of knowingly using perjured testimony.” Id. Even a conspiracy between a judge and prosecutor would not open them up to suit. Id. (citing Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (en banc)).

What is our “JUSTICE SYSTEM” if “JUSTICE” is the one thing that we cannot trust our “prosecutors and judges” to administer? AND then they “grant themselves immunity” for their criminal conduct!!!!

Now it seems another “prosecutor”, Anthony Golik of Clark County, is inventing crimes, and Judge Robert A. Lewis is convicting people without a JURY. In a letter to Clark County Prosecutor, Anthony Golik, Ms. Traci D. Eccles writes of the phantom crime and conviction of John Garrett Smith.

When are CITIZENS going to DEMAND our elected representatives do their job –perform their ‘check and balance’ of the judicial branch — and REMOVE these lawyers who are at the core of our ROTTEN Government!

OPEN LETTER TO CLARK COUNTY, WA ELECTED PROSECUTOR, ANTHONY GOLIK:

According to a research study released in 2013 by the National Registry of Exonerations, Clark County, WA ranks 7th IN THE NATION of exonerations per capita for counties with a population over 300,000. That is just below #6—Cook County, IL (Chicago), and just above #8, #9 and #10—District of Columbia, Bronx, NY, and Wayne, MI (Detroit) respectively. This notable designation indicates a serious and deeply embedded problem that should be of utmost importance to the Clark County Prosecutor’s Office as well as Clark County courts and local law enforcement agencies.

(Clark County ranking cited from: Exonerations in the United States, 1989 — 2012; Report by the

National Registry of Exonerations; Samuel R. Gross, Thomas & Mabel Long Professor of Law University of Michigan Law School Editor, National Registry of Exoneration, June, 2012)

Dear Mr. Golik:

The alarming prevalence of wrongful convictions in the US Justice System is an issue widely researched and reported in current news. Examples include:

“The Untouchables: America ‘s Misbehaving Prosecutors ” Huffington Post (Radley Balko, 2013)

“Washington State ‘s wrongfully Convicted” Seattle Weekly (Rick Anderson, 2013)

“Chief Justice for 9th Circuit Cites ‘Epidemic ‘ of Prosecutor Misconduct” Huffington Post (2014)

“National Registry of Exonerations ” The Innocence Project (2015)

“The Staggering Number of Wrongful Convictions in America ” Washington Post (Samuel R. Gross, 2015)

“Despite misconduct, prosecutors rarely face discipline ” AP (reprinted in Columbian, Vancouver, 2015)

“Legal system, law enforcement at odds over Brady List” Columbian (Emily Gillespie, Nov. 15, 2015)

Whether due to malicious misconduct, careless oversight, or a ‘convict at all cost’ attitude, the shocking reality can’t be denied: Lives of innocent people are being sacrificed with absence of consequence to those responsible for these tragic mistakes. The safeguards meant to provide opportunity for review and recourse regarding erroneous convictions have been diluted, compromised, and sabotaged.

On December 3, 2014, John Garrett Smith was wrongfully convicted in a Clark County, WA courtroom of Attempted Murder Il and Assault Il, crimes that DID NOT OCCUR. Garrett, an Internationally successful, brilliant mechanical engineer, who lives with the effects of Asperger’s Syndrome (a high functioning Autism Spectrum Disorder) was coerced into a bench trial in which the sole “trier of fact” Judge Robert A. Lewis, delivered a verdict of “guilty” in the absence of physical evidence, without pause for deliberation. Lewis, assigned to the case one month before trial, had denied Mr. Smith’s request for ADA accommodations for a diagnosed disability. Further, it was discovered post-conviction, that within five years before Mr. Smith’s arrest, Robert A. Lewis had presided over two controversial cases involving Smith’s wife and accuser, in which Sheryl Cresap-Smith (aka Sheryl Williams, Cheryl Cresap-Williams, Scheral Nicole Ross among other aliases found in court record) had achieved financial gain.

In addition to questionable circumstances surrounding the convicting Judge in the case, the Clark County DV Unit investigation and prosecution of the State’s case against John Garrett Smith is riddled with serious inconsistencies that have yet to be resolved. Exculpatory evidence, kept hidden from the defendant in violation of Brady v. Maryland (1963), was discovered postconviction and its existence has been revealed to you, Mr. Golik, through email, but remains unaddressed.

In addition, the former Deputy Prosecutor and DV Unit Coordinator responsible for Smith’s conviction is facing WSBA Disciplinary Board Review regarding her conduct in Smith’s case. Seven different individuals filed grievances with the Bar regarding Ms. Jennifer Ann Nugent’s conduct in this case. All were alleged to have been investigated, and all were denied. However, three are currently pending appeal hearings regarding those denials of disciplinary action. Consequently, all denials were issued by the same individual at the WSBA, Ms. Linda Eide.

Finally, despite multiple attempts to obtain information from Clark County officials, circumstances remain unknown surrounding Ms. Jennifer Ann Nugent’s separation from employment as a Clark County Prosecutor following the conviction of John Garrett Smith.

Also in connection with the wrongful conviction of John Garrett Smith:

Smith’s defense attorney, Josephine Townsend—who was instrumental in her client’s conviction—is under Bar Association investigation for actions related to Smith’s case, as well as separate, unrelated allegations of misconduct.

The Vancouver Police Department Professional Standards Unit is in the tenth month of an ongoing investigation regarding actions of lead investigator, Detective Sandra Aldridge, in the State’s case against John Garrett Smith.

In connection to violations of Federal law discovered within the State’s suppressed evidence, preparations are being made on behalf of Mr. Smith’s LLCs, shareholders and business partners for a Federal Lawsuit.

Despite the fact that you have been the direct recipient of numerous emails requesting your assistance and detailing the inconsistencies and misconduct during the 18 months of Mr. Smith’s incarceration leading up to trial—correspondence that you neglected to answer or act upon—you have now assigned yourself to defend the State’s position in Mr. Smith’s pending appeal. As the acting Prosecutor representing the State in Smith’s appeal, you cite in response to appellant’s opening brief the same evidence and statements used during trial, the authenticity and credibility of which have been challenged. These challenges have yet to be acknowledged or addressed by you or your office. Furthermore, your primary basis for proof of Mr. Smith’s guilt seems to be the Court’s “guilty” verdict. There is no logic behind assigning absolute legitimacy to a result if it was reached illegitimately. When evidence is falsified and testimony is perjured, a conviction cannot be deemed valid.

In an October 25 th, 2013 article reporting the $10.5 million civil judgement against Clark

County, WA in favor of wrongfully convicted and exonerated Larry Davis and Alan Northrop, Huffington Post’s Radley Balko wrote, “It’s easy to dismiss these exoneration stories as the product of an imperfect system [hat sometimes makes misíakes. But readpast the headline, and you’ll see that they’re often less the result of miscues by well-intentioned public servants, but the predictable results of willful misconduct, and a criminal justice system that won ‘t hold bad actors accountable. ” Confirmation of Mr. Balko’s statements is provided through your prior inaction and current actions in the malicious prosecution and wrongful conviction of John Garrett Smith.

As a resident and registered voter of Clark County, WA, I, Traci D. Eccles, formally request, in the name of justice, that you remove yourself and all other Clark County prosecutors from this case and bring in an independent agent for a fair, unbiased review of the appeal in the State’ s case against John Garrett Smith.

Respectfully submitted,

Image

Traci D. Eccles, resident of Clark County, Vancouver, WA January 18, 2016

9 Comments

  1. What Traci wrote is just the beginning of the story. There is soooooooo much more. The whole case against Garrett Smith was a setup from the beginning, with his own wife at the heart of it! And he didn’t even find that out until half a year after he was arrested! “His own” attorneys kept him in the dark, and to this day none of them has ever even begun to address the fabricated nature of the case.

    The criminals in public office prey on the vulnerable, and they are methodical in how they go about it. Where are the ethical attorneys who will oppose this racket? We sure could use one — just ONE!

    Still waiting after almost 2 years… but not holding my breath…

    • Thank you Jamie for helping inform people in how “corrupt” is our “justice system”. I’ve been working for 19 years to address the corruption running ‘unaddressed’ in our courts. But our “legislators” are being misled by lawyers so they don’t exercise their “checks and balances” function. It is a complete breakdown in the rule of law that is orchestrated by the Washington State Bar.

      • I am trying to find a lawyer right now because the police department failed to protect my husband who had a hit on him and as of now there still is no protection for my husband who is currently receiving death threats and the detec. And police and sherriffs office know of these threats and are NOT doing anything about it.

    • I too have been victimized by Sandy with help of my wife who is now my ex-wife my ex-wife and Sandy have been involved in a sexual relationship according to my wife ex-wife and my life has been threatened I couldn’t even up here for my divorce court because my wife told me that she contacted Sandy I need information on what to do about the situation and who to trust I have numerous emails of my wife my ex-wife bragging about with her aunt and you will do to me and get away with

      • Tara wills Chaney, contact Traci Eccles, she would love to here from you. Check her out on Garretson Voice blog. You can find her email there or you can contact me at stephaniepetrenko218@gmail.com and we can transfer information through one another. We have been following your case and would love to get to the real situation at hand. It is absurd what Sandra Aldridge has done to you, we feel awful for your situation.

  2. I question how attorney Robert A. Lewis (along with 3 other Clark County attorneys) can sign an FTC “Agreement Containing Consent Order to Cease & Desist” (“Consent Agreement”) on July 23,2004, resulting from the FTC’s filing of a Complaint number C-4111 for violations of Federal Trade Commission Act, as amended 15 U.S.C. subsection 45, and 4 MONTHS LATER IN NOVEMBER 2004, he can be appointed to the Clark County WA Superior Court bench???? 20 YEAR Consent. He is still under it! Until 2024! The complaint is related to Clark County and Clark County Indigent Felony cases!

    Isn’t there something on the WA books, RCW, WAC, OSB, anything that requires integrity to be on the bench?

    It is on the FTC website! There are numerous issues with this judge, Sheriff Atkins and Prosecutor Golik. Bill Richardson of the Golik team, represented Atkins in my CPA, 1983 case in which Richardson removed my Superior Court case to Federal court AND submitted documents to the federal court that were absolutely falsified by switching out the 2nd page in the Clark County Court Records of the illegal writ the sheriff posted on my door, signed by Lewis in a default judgment in an unserved Unlawful Detainer case by Freddie Mac after stealing my home and claiming Bonafide Purchaser status. Which I proved the document was changed without a doubt in federal court. The feds wouldn’t even acknowledge.

    Judge Lewis keeps his bench seat because no one runs against him in the August vote and therefore wins in the November election by default! Nobody is the wiser!

    Googling my name will have many, many court documents related to state and federal cases between 2014-2018. Clark county caused the loss of the home I raised my 2 sons in for 18 years. Also Bank of America who submitted false documents to the federal bankruptcy court. I am not done with all of these defendants. Collateral Attack for fraud is forever.

    • First and most importantly, judges are not supposed to decide anything without the consent of the parties. Once consent is given … the parties are shit out of luck as they “consented” to a judge’s decision. Without consent the JURY decides everything; including the way the law is being used, applied, interpreted, and of course, violatrd. The problem with what “should” happen is dependent upon everyone playing by the rules. This is where a judge gets away with violating the rules… the judicial branch has NOT established a Rule by which a judge-created-controversy can be resolved without a “JUDGE” presiding. In other words, a judge gets to decide the scope of judges’ powers; and there is no alternative to this scam created by judges. It is an unlawful scam but WHO can we go to and find justice … fairness … the rule of law?

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