http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-
Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated Aberasturi, Leon
Adair, Valerie
Adams, Brent
Andress-Tobiasson, Melanie
Atkins, Tim
Bell, Linda Marie
Bennett, Robert
Bennett-Haron, Karen
Berry, Janet
Bixler, James
Black, Phyllis
Bonaventure, Joe
Brisebill, Christina
Bunch, Max
Burr, Rodney
Cadish, Elissa
Calton, Pat
Cory, Kenneth
Cowley, Mike
Delaney, Kathleen
Denton, Mark
Deriso, Susan
Dobrescu, Steven
Dodd, Ron
Dodenbier, Darryll
Doherty, Francis
Dory, Joseph
Duckworth, Bryce
Earl, Allan
Earley, Kerry
Elliott, Jennifer
Elliott, Steve
Escobar, Adriana
Feasel, Teri
Flanagan, Patrick
Fletcher, Michael
Fye, Susan
Gamble, David
Gardner, Linda
George, Stephen
Gibbons, Michael
Gibson, Sr., David
Giuliani, Cynthia
Glasson, Richard
Gonzalez, Elizabeth
Gonzalez, William
Goodman, Eric
Graham, Terry
Gunter, Jay
Hardy, David
Harter, Mathew
laberasturi@lyon-county.org
adairv@clarkcountycourts.us
brent.adams@washoecourts.us
tobim@clarkcountycourts.us
atkinst@co.clark.nv.us
BeIlL@clarkcountycourts.us
rbennett@lyon-county.org
ben@clarkcountycourts.us
judge.berry@washoecourts.us
bix@clarkcountycourts.us
pblack@filertelcom
bonaj@co.clark.nv.us
tbrisebill@co.nye.nv.us
mbunch@nvcourts.state.nv.us
rtb@co.clark.nv.us
cadishe@clarkcountycourts.us
jpwells@elkocountynv.net
kcory@clarkcountycourts.us
quirkyclerks@yahoo.com
Kathleen.Delaney@clarkcountycourts.us
DentonM@clarkcountycourts.us
sderiso@washoecounty.us
dobrescu@mwpower.net
rdodd@mesquitenv.gov
dodenbierd@co.clark.nv.us
frances.doherty@washoecourts.us
joedory@gmail.com
DuckworthB@clarkcountycourts.us
EarIA@clarkcountycourts.us
earleyk@clarkcountycouts.us
Ellioth@clarkcountycourts.us
steve.elliott@washoecourts.us
escobara@clarkcountycourts.us
tfeasel@elkocountynv.net
patrick.flanagan@washoecourts.us
mfletchergyon-county.org
justice@eurekanv.org
dgamble@douglas.nv.gov
linda.gardner@washoecourts.us
sgeorge@co.clark.nv.us
mgibbons@douglas.nv.gov
GibsonD@co.clark.nv.us
GiulianiC@clarkcountycourts.us
tahoejustice.court@gmail.com
GonzalezE@clarkcountycourts.us
gonzalezw@clarkcountycourts.us
GoodmanE@clarkcountycourts.us
TEGraham@washoecounty.us
jtgunterjp@sbcglobal.net
david.hardy@washoecourts.us
HarterMa@clarkcountycourts.us Exhibit "1"
• Haviland, Dawn
Henderson, Bill
Herndon, Douglas
Higgins, Kevin
Holton, Nola
Hoskin, Charles
Jansen, William
Jasperson, Kent
Johnson, Susan
Jones, Steven
Kacin, Alvin
Kolhoss, Ruth
Kosach, Steven
Lane, Robert
Leavitt, Michelle
Lee, Chris
Lippis, Deborah
Lynch, Patricia
Melville, Reese
Miley, Stefany
Montero, Michael
Moss, Cheryl
Peacock, Russel
Peck, Bridget Robb
Polaha, Jerome
Pollock, Kenneth
Pomrenze, Sandra
Potter, William
Richards, Mike
Ritchie, Jr., T. Arthur
Rogers, William
Russell, James Todd
Sanchez, Gloria
Saragosa, Melissa
Schroeder, Jack
Schumacher, Deborah
Schweble, John
Sciscento, Joseph
Silver, Abbi
Smith, Douglas
Steel, Cynthia Diane
Steinheimer, Connie
Sullivan, Frank
Teuton, Robert
Togliatti, Jennifer
Vega, Valorie
Villani, Michael
Voy, William
Wagner, Richard
Walsh, Jesse Elizabeth
Wanker, Kimberly
Weller, Chuck
Williams, Timothy
dawn.haviland@att.net
HendersonB@clarkcountycourts.us
herndond@clarkcountycourts.us
khiggins@washoecounty.us
nholton@lcturbonet.com
hoskinc@clarkcountycourts.us
shros@clarkcountycourts.us
kjasperson@co.nye.nv.us
johnsonsu@clarkcountycourts.us
JonesS@clarkcountycourts.us
akacin@elkocountynv.net
kolhr@co.clark.nv.us
steven.kosach@washoecourts.us
rlane@co.nye.nv.us
leavittm@clarkcountycourts.us
leec@co.clark.nv.us
lip@co.clark.nv.us
plynch@washoecounty.us
rfmelville@westwendovercity.com
Mile
Original Title
6 1 07 Nvd Doc 1-2 40 Pages White b Sferrazza Holmes Sbn 255
http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-
Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated Aberasturi, Leon
Adair, Valerie
Adams, Brent
Andress-Tobiasson, Melanie
Atkins, Tim
Bell, Linda Marie
Bennett, Robert
Bennett-Haron, Karen
Berry, Janet
Bixler, James
Black, Phyllis
Bonaventure, Joe
Brisebill, Christina
Bunch, Max
Burr, Rodney
Cadish, Elissa
Calton, Pat
Cory, Kenneth
Cowley, Mike
Delaney, Kathleen
Denton, Mark
Deriso, Susan
Dobrescu, Steven
Dodd, Ron
Dodenbier, Darryll
Doherty, Francis
Dory, Joseph
Duckworth, Bryce
Earl, Allan
Earley, Kerry
Elliott, Jennifer
Elliott, Steve
Escobar, Adriana
Feasel, Teri
Flanagan, Patrick
Fletcher, Michael
Fye, Susan
Gamble, David
Gardner, Linda
George, Stephen
Gibbons, Michael
Gibson, Sr., David
Giuliani, Cynthia
Glasson, Richard
Gonzalez, Elizabeth
Gonzalez, William
Goodman, Eric
Graham, Terry
Gunter, Jay
Hardy, David
Harter, Mathew
laberasturi@lyon-county.org
adairv@clarkcountycourts.us
brent.adams@washoecourts.us
tobim@clarkcountycourts.us
atkinst@co.clark.nv.us
BeIlL@clarkcountycourts.us
rbennett@lyon-county.org
ben@clarkcountycourts.us
judge.berry@washoecourts.us
bix@clarkcountycourts.us
pblack@filertelcom
bonaj@co.clark.nv.us
tbrisebill@co.nye.nv.us
mbunch@nvcourts.state.nv.us
rtb@co.clark.nv.us
cadishe@clarkcountycourts.us
jpwells@elkocountynv.net
kcory@clarkcountycourts.us
quirkyclerks@yahoo.com
Kathleen.Delaney@clarkcountycourts.us
DentonM@clarkcountycourts.us
sderiso@washoecounty.us
dobrescu@mwpower.net
rdodd@mesquitenv.gov
dodenbierd@co.clark.nv.us
frances.doherty@washoecourts.us
joedory@gmail.com
DuckworthB@clarkcountycourts.us
EarIA@clarkcountycourts.us
earleyk@clarkcountycouts.us
Ellioth@clarkcountycourts.us
steve.elliott@washoecourts.us
escobara@clarkcountycourts.us
tfeasel@elkocountynv.net
patrick.flanagan@washoecourts.us
mfletchergyon-county.org
justice@eurekanv.org
dgamble@douglas.nv.gov
linda.gardner@washoecourts.us
sgeorge@co.clark.nv.us
mgibbons@douglas.nv.gov
GibsonD@co.clark.nv.us
GiulianiC@clarkcountycourts.us
tahoejustice.court@gmail.com
GonzalezE@clarkcountycourts.us
gonzalezw@clarkcountycourts.us
GoodmanE@clarkcountycourts.us
TEGraham@washoecounty.us
jtgunterjp@sbcglobal.net
david.hardy@washoecourts.us
HarterMa@clarkcountycourts.us Exhibit "1"
• Haviland, Dawn
Henderson, Bill
Herndon, Douglas
Higgins, Kevin
Holton, Nola
Hoskin, Charles
Jansen, William
Jasperson, Kent
Johnson, Susan
Jones, Steven
Kacin, Alvin
Kolhoss, Ruth
Kosach, Steven
Lane, Robert
Leavitt, Michelle
Lee, Chris
Lippis, Deborah
Lynch, Patricia
Melville, Reese
Miley, Stefany
Montero, Michael
Moss, Cheryl
Peacock, Russel
Peck, Bridget Robb
Polaha, Jerome
Pollock, Kenneth
Pomrenze, Sandra
Potter, William
Richards, Mike
Ritchie, Jr., T. Arthur
Rogers, William
Russell, James Todd
Sanchez, Gloria
Saragosa, Melissa
Schroeder, Jack
Schumacher, Deborah
Schweble, John
Sciscento, Joseph
Silver, Abbi
Smith, Douglas
Steel, Cynthia Diane
Steinheimer, Connie
Sullivan, Frank
Teuton, Robert
Togliatti, Jennifer
Vega, Valorie
Villani, Michael
Voy, William
Wagner, Richard
Walsh, Jesse Elizabeth
Wanker, Kimberly
Weller, Chuck
Williams, Timothy
dawn.haviland@att.net
HendersonB@clarkcountycourts.us
herndond@clarkcountycourts.us
khiggins@washoecounty.us
nholton@lcturbonet.com
hoskinc@clarkcountycourts.us
shros@clarkcountycourts.us
kjasperson@co.nye.nv.us
johnsonsu@clarkcountycourts.us
JonesS@clarkcountycourts.us
akacin@elkocountynv.net
kolhr@co.clark.nv.us
steven.kosach@washoecourts.us
rlane@co.nye.nv.us
leavittm@clarkcountycourts.us
leec@co.clark.nv.us
lip@co.clark.nv.us
plynch@washoecounty.us
rfmelville@westwendovercity.com
Mile
http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-
Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated http://www.scribd.com/doc/168451177/11-7-12-0204-62337-Index-to-Bates-Stamped-3-094-Long-Version-Page-Scr-105-2-c-Production-by-Sbn-Revised-8-28-13-Updated Aberasturi, Leon
Adair, Valerie
Adams, Brent
Andress-Tobiasson, Melanie
Atkins, Tim
Bell, Linda Marie
Bennett, Robert
Bennett-Haron, Karen
Berry, Janet
Bixler, James
Black, Phyllis
Bonaventure, Joe
Brisebill, Christina
Bunch, Max
Burr, Rodney
Cadish, Elissa
Calton, Pat
Cory, Kenneth
Cowley, Mike
Delaney, Kathleen
Denton, Mark
Deriso, Susan
Dobrescu, Steven
Dodd, Ron
Dodenbier, Darryll
Doherty, Francis
Dory, Joseph
Duckworth, Bryce
Earl, Allan
Earley, Kerry
Elliott, Jennifer
Elliott, Steve
Escobar, Adriana
Feasel, Teri
Flanagan, Patrick
Fletcher, Michael
Fye, Susan
Gamble, David
Gardner, Linda
George, Stephen
Gibbons, Michael
Gibson, Sr., David
Giuliani, Cynthia
Glasson, Richard
Gonzalez, Elizabeth
Gonzalez, William
Goodman, Eric
Graham, Terry
Gunter, Jay
Hardy, David
Harter, Mathew
laberasturi@lyon-county.org
adairv@clarkcountycourts.us
brent.adams@washoecourts.us
tobim@clarkcountycourts.us
atkinst@co.clark.nv.us
BeIlL@clarkcountycourts.us
rbennett@lyon-county.org
ben@clarkcountycourts.us
judge.berry@washoecourts.us
bix@clarkcountycourts.us
pblack@filertelcom
bonaj@co.clark.nv.us
tbrisebill@co.nye.nv.us
mbunch@nvcourts.state.nv.us
rtb@co.clark.nv.us
cadishe@clarkcountycourts.us
jpwells@elkocountynv.net
kcory@clarkcountycourts.us
quirkyclerks@yahoo.com
Kathleen.Delaney@clarkcountycourts.us
DentonM@clarkcountycourts.us
sderiso@washoecounty.us
dobrescu@mwpower.net
rdodd@mesquitenv.gov
dodenbierd@co.clark.nv.us
frances.doherty@washoecourts.us
joedory@gmail.com
DuckworthB@clarkcountycourts.us
EarIA@clarkcountycourts.us
earleyk@clarkcountycouts.us
Ellioth@clarkcountycourts.us
steve.elliott@washoecourts.us
escobara@clarkcountycourts.us
tfeasel@elkocountynv.net
patrick.flanagan@washoecourts.us
mfletchergyon-county.org
justice@eurekanv.org
dgamble@douglas.nv.gov
linda.gardner@washoecourts.us
sgeorge@co.clark.nv.us
mgibbons@douglas.nv.gov
GibsonD@co.clark.nv.us
GiulianiC@clarkcountycourts.us
tahoejustice.court@gmail.com
GonzalezE@clarkcountycourts.us
gonzalezw@clarkcountycourts.us
GoodmanE@clarkcountycourts.us
TEGraham@washoecounty.us
jtgunterjp@sbcglobal.net
david.hardy@washoecourts.us
HarterMa@clarkcountycourts.us Exhibit "1"
• Haviland, Dawn
Henderson, Bill
Herndon, Douglas
Higgins, Kevin
Holton, Nola
Hoskin, Charles
Jansen, William
Jasperson, Kent
Johnson, Susan
Jones, Steven
Kacin, Alvin
Kolhoss, Ruth
Kosach, Steven
Lane, Robert
Leavitt, Michelle
Lee, Chris
Lippis, Deborah
Lynch, Patricia
Melville, Reese
Miley, Stefany
Montero, Michael
Moss, Cheryl
Peacock, Russel
Peck, Bridget Robb
Polaha, Jerome
Pollock, Kenneth
Pomrenze, Sandra
Potter, William
Richards, Mike
Ritchie, Jr., T. Arthur
Rogers, William
Russell, James Todd
Sanchez, Gloria
Saragosa, Melissa
Schroeder, Jack
Schumacher, Deborah
Schweble, John
Sciscento, Joseph
Silver, Abbi
Smith, Douglas
Steel, Cynthia Diane
Steinheimer, Connie
Sullivan, Frank
Teuton, Robert
Togliatti, Jennifer
Vega, Valorie
Villani, Michael
Voy, William
Wagner, Richard
Walsh, Jesse Elizabeth
Wanker, Kimberly
Weller, Chuck
Williams, Timothy
dawn.haviland@att.net
HendersonB@clarkcountycourts.us
herndond@clarkcountycourts.us
khiggins@washoecounty.us
nholton@lcturbonet.com
hoskinc@clarkcountycourts.us
shros@clarkcountycourts.us
kjasperson@co.nye.nv.us
johnsonsu@clarkcountycourts.us
JonesS@clarkcountycourts.us
akacin@elkocountynv.net
kolhr@co.clark.nv.us
steven.kosach@washoecourts.us
rlane@co.nye.nv.us
leavittm@clarkcountycourts.us
leec@co.clark.nv.us
lip@co.clark.nv.us
plynch@washoecounty.us
rfmelville@westwendovercity.com
Mile
Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 1 of 40
HOWARD LEE WHITE, 24575
P.O. Box 607 Carson City, Nevada 89702 Plaintiff Pro se on behalf of himself and all others similarly situated 8Y:
fiLED RECEIVED EiHERED __ SERVED ON COUNSEUPARTIES Of RECORD JUN - 1 2007 CLERK US DISTRICT COURT DISTRICT OF NEVADA DEPUTY UNITED STATES DISTRICT COURT DISTRICT OF NEVADA HOWARD LEE ALLEN HALLING, JAMES WRIGHT, FliEDERICK GREEN" MARTIN JONES, JERRY DOW, NOVA CAMPO, OTIS J. HUGHES, GILBERT TYLER, MONTY KOSSOW, DEVONTAY WILLIAMS, KENNETH DORSEY, MARVIN MORRIS, JALMAA CINQUE, F'osfe." JOHNNEY WILLIMfS, ANTHONY SHEPARD, JOSEPH CRESCI, ROBERT BENSON: MIC- HAEL GEIGER, CHARLES MORRIS, KEVIN STONE and MICHAEL DRAKE, on behalf of themselves and all other larly situated and prospective of- fenders, - Plaintiffs, vs. DAVID HANKE, ROBERT LARKIN, PETE SFERRAZZA, BONInE WEBER, and JIM GALLOWAY, as Commissioners of Wa- shoe County; its Public Defender JEREMY BOSLER and MICHAEL R. Spe- CCHIO(Former Public Defender), and every other deputy, investigator and agent past and present, RICHARD GAMMICK, as District Attorney, and DOROTHY NASH HOLMES{Former District Attorney), and every other assis- tant, investigator , past and pre- sent, THE STATE OF NHVADA, its Northern Judicial System of the Second Judicial District Court MILLS LANE{Former jUlige), BRENT ADAMS, Civil No. 3:07 -cv-00255 COMPLAINT FOR DECLARATORY ... AND' TNJUNCTIVE REL1EF (42 USC II 1983 &1985) Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 2 of 40 CONNIE STEINHE IMER, Judge, JANET BERRY, Judge, and STEVEN R. KOSACH, Judge; THE STATE BAR OF NEVADA(Reno) and PHILLIP J. PATTEE, inclusive, Defendants. ________________________________ 1 PRELIMINARY STATEMENT 1. Plaint.iffs above named bring. this action against the above-named defendants for a declaratory judgment that plaintiffs constitutional rights are being and have been violated because of their Indigency and Race in Washoe County, and for a permanent in- junction preventing defendants' from continuing to violate the plaintiffs rights while acting under color of state law. Where, as here, Washoe County Officials pursuant to custom, continuously advise indigent offenders, including the plaintiffs that "this is a Redneck town and if you go to jury trial you will be found guilty, not because you is guilty, but because you is a Bla.ck man", and the adoption of the Early Case Resolution (ECR) and Direct Filing Program (DFP) policies which are in violation of the Sixth and Fourteenth Amendments to the United States Constitution JURISDICTION 2. Jurisdiction is conferred on this Court under 5 U.S.C. I 552(e)(5), 28 U.S,C. II 1331 and l343(a)(3), PROVIDING FOR fede- - ~ .. ral question and over claiDlS arising"' under 42 U. S. c. II 1983 and 1985(2)(3) and 28 U.S.C. I 2201 and 2202 and particularly Article 4, I 2(1), Article 6, I 2, and Amendments 1, V, VI and XIV of the United States Constitution. This Court has pendent jurisdiction -2- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 3 of 40 to adjudicate claims arising under Nevada law, pursuant to 28 U.S.C. I 1367. PARTIES 3. Plaintiffs are residents and citizens of the United States and State of Nevada and are incarcerated within the Nevada Department of Corrections; who were subjected to said invidious discrimination as alleged in this complaint by defendants due to their indigeney and race and for no other reasons. 4. The plaintiffs are part and representatives of a class within the meaning of Rule 23, Federal Rules of Civil Procedure. Class represented by plaintiffs WHITE, HALLING, WRIGHT, GREEN} JONES, DOW, CAMPO, HUGHES, TYLER, KOSSOW, WILLIAMS, DORSEY, MOR- RIS, CINQUE, Fos4er; J. WILLIAMS, SHEPARD, CRESCI, C. MORRIS, STONE and DRAKE including all others similarly situated and prospective class not yet known, who were or will in the future be subjected to the invidious discrimination perpetrated by defendants of Washoe County. The classes are proper for the following reasons: (a) The members of the class are so nnmherons that of all of them is impracticable; (b) The members of the class are readily identifiable from the defendants records; (c) There are questions of law and fact common to each class; (d) The claims of the plaintiffs are typical of the claim of their respective classes; (e) The defendants have acted or refuse to act on grounds -3- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 4 of 40 - generally applicable to the classes; (f) The plaintiffs will fairly and adequately protect the interest of the class. 5. Defen.lants ROBERT LARIIN, DAVID HANIE, PETE SFERRAZZA, JIM GALLOWAY and BONNIE WEBER are, and at all times relevant herein have been, Commissioners of the County of Washoe. Defen- dants constitute the governing board of the County and are res- ponsible for the allocation of funds for all county purposes, policies, and training of county employees not pursuant to law. Defendants are sued in their official and individual capacity. 6. Defendants JEREMY BOSLER, MICHAEL SPECCHIO, deputies agents, and investigators are employed by the Washoe County Com- missioners and assigned to the Washoe County Public Defender's Office and as such are responsible for representing indigent person(s) charged with a public offenSe. These defendants are representativE! of a class, within the meaning of Rule 23, Fede- ral Rules of Civil Procedure, consisting of all employees as- signed to the Reno office. This class (hereinafter referred to as Defendant Class 1) is sued in their official capacity. 7. Defendant RICHARD GAMMICI, is the duly elected District Attorney of tbe County of Washoe, as district attorney, defendant Gammick is responsible for the promulgation and implementation of the policies and procedure by which criminal prosecutions are in- itiated in thE' courts of the State of Nevada against persons and for determining whether, under what circumstances or offense :--. -4- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 5 of 40 4If' , sons accused of violating the laws of the State of Nevada will be prosecuted, and for autherizing and supervising the initiation and maintenanc:e of prosecutions for violation of said laws in the courts of the State of Nevada, and is sued both in his official capacity and as an individual. 8. Defendant DOROTHY NASH HOLMES is the former District At- torney of the County of Washoe, and is sued in her official ca- pacity. 9. Defendants BRENT ADAMS, MILLS LANE, CONNIE STEIHEi,TMER, JANET BERRY and STEVEN R. (OSACH are, and at all times relevant herein were duly elected, and qualified Judges of the Second Ju- dicial Distric:t Court of the State of Nevada and at all times residents of \fashoe County. Defendants are sued in their offical capacity. 10. Defendlant STATE BAR OF NEVADA is a corporation organized under the law of the State of Nevada, and has been at all times relevant herein given the authority to investigate charges of professional misconduct as a body corporate under the laws of the State of Nevada. Defendant PHILLIP J. PATTEE is, and at all times material hereto was, an individual working as an employee and agent of Defendant State Bar (Reno). This action is brought against PATTEE, both individually and also in his official ca- pacity. 11. Defendant STATE OF NEVADA is, and at all times herein relevant has been, a State and existing under the laws of the UNited States Constitution of America, and subject to equity lia- -5- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 6 of 40 bility foir the malfeasance of state judicial and executive of- ficers. 12. Defendants and each of them are, and at all times here- in mentioned bave been, the co-conspirators, aider and abettor, and agent in doing the acts and maintaining the practices herein complained of, are and have been acting within the course and scope of their official duty and 13. In doing all the acts and omissions, and in maintaining ,the practices, herein described, Defendants, and each of them, separately and in concert, have been and were acting under color of the laws, customs and usages of the State of Nevada. Said acts and omissions were committed and practices were maintained by the Defendants' personally and through actions of their deputies, in- vestigators and agents, acting pursuant to customs and policies officially adopted and promulgated by the elected officials. STATEMENT OF THE CASE 14. The and each of them, conspired to deprive plaintiffs of the equal protection of the laws of Nevada, to wit; the laws in relation to assistance of counsel for their defense, and particularly those relating to established tribunal, their organization, procedure and course of justice; and further con- spired to deprive plaintiffs and all others similarly situated of those rights I.rovided under the Constitution and laws of the United States and particularly those set forth in Counts I, II, Ill, IV and V herein, and conspired to impede, hinder, obstruct and defeat the due course and due process of law and justice in . . , - -6- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 7 of 40 the County of Washoe, State of Nevada; and further conspired to deprive plaintiffs of the rights, privileges and immunities secured by thle Constitution and laws of the United States ex- tended to citizens of the United States and State of Nevada and particularly those set forth in Counts 1, 11, Ill, IV and V here- in; that all of said acts and those set forth throughout this Complaint were committed by defendants, and each of them, while acting under color and pretence of statute, policy, custom, office and laws of the State of Nevada. 15. In furtherance of the object of the aforesaid conspiracy defendants Comlmissioners, Bosler, Specchio, Gammick, and Nash Holmes acting under color and pretence of statute, policy, custom, office and the laws of the State of Nevada and in willful, inten- tional, malicj_ous and discriminating misuse of their authority, that of their subordinates, and of others, including Judges Adams Lane, Berry and Iosach, wilfully acting in concert with the other defendants, their agents, each and all procuring, aiding and encouraging the other, did purposely and systematiC- ally and intentionally with a pattern for discriminating against plaintiffs and subjecting them to inequality of treatment in the following particulars which were not privileged or compelled by law: (a) By engaging in partisan conduct in a professional capacity manifesting prejudice; (b) Threatening, coercing and intimidating indigent clients, including plaintiffs to plea guilty stating "this is a -7- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 8 of 40 , r 1 Redneck town and if you go to jury trial you will be found guilty not because you is guilty, but because you is a black man", pre- venting clients/plaintiffs from making any objection or prepare a defense to the alleged charge(s) AGAINST THEK: (c) By acting in concert with prosecution and judge to im- panel all jury to convict indigent clients/plaintiffs in any criminal trial; (d) By bribing numberous indigent clients/plaintiffs in concert with elected officials and agents, both with cash, gifts and the promise of lesser sentence(s), TO wit: 1. MARVIN MORRIS -- January, 2002 by Larry Carlson Public Defender Investigator 2. GILBERT TYLER -- November, 2001 by Michael Specchio and Paul Giese 3. DEVONTAY WILLIAMS -- May, 2004 by John Malone $200.00 (e) By intentionally signingg and verifying waiver of in- digent clients/plaintiffs preliminary hearing Without consent of at the behest of defendant Richard Gammick; (f) By, and as a matter of practice, routinely abandon responsibility owed indigent clients/plaintiffs upon being court appointed for their defense: (g) By, and as a matter of practice reveal defense stragey of clients/plaintiffs seeking to establish a de- fense to the dssistant district attorney; (h) By, and as a matter of practice, routinely direct in- . digent clients/plaintiffs to remain silent or just answer "Yes" -8- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 9 of 40 during sentencing hearing to voluntariness of guilty plea; (i) By, and as a matter of practice, routinely fail to timely initiate Notice of Appeal for indigent client/plaintiffs after a specific request to do so; (j) Informing indigent clients/plaintiffs named herein of the bigatry of named defendant Judges, e.g., Kevin Van Ry (defen- dant of class 1) informed Plaintiff James Wright's mother "Judge Adams is a racist and Bigot, and that Wright was never going to receive a fair trial in Judge Adams courtroom cause Nevada is the Mississippi of the West, and every black that he (Van Ry) went to trial with in Judge Adams courtroom lost, not because they were guilty, but because they were 'black' and Judge was going to allow this to transpire because Judge Adams already believed 'Wright' to be guilty. See Exhibits A, B, C, D, and E attached hereto and incorporated herein by reference. 16. In the object of the aforesaid conspiracy defendant Commissioners, Gammick, Specchio, Bosler and others, acting under color and pretence of statute, policy, custom, of ice and the laws of the State of Nevada and in willful, intentional, malicious and discriminating misuse of their authority, that of their subordinates, and others, including Judges Adams, Lane, Steinheimer, Berry and Kosach, wilfully acting in concert with the other defendants, their agents, each and all procuring, aid- ing and encouraging the other, did purposely and systematically and intentionally with a pattern for discriminating against plain- tiffs and subjecting them to inequality of treatment in the fol- -9- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 10 of 40 ~ lowing particulars which were uot privileged or compelled by law: (a) In the willful intrusion into attorney-client rela- tionship to prevent indigent plaintiffs charged with public of- fense an opportunity to prepare a defense to the alleged charge or charges against them with assistance of counsel for defense; (b) By engaging in partisan conduct in a professional capacity manifesting prejudice; (c) B,r wilfully inducing plaintiffs assigned public de- fender to wai're preliminary hearing in order to give jurisdiction to district court! (d) By acting in concert with Public DEfender and Judges to impanel all white jury to convict indigent plaintiffs in any criminal trial; (e) In giving preferential treatment to offenders repre- sen ted by retained defense attorney's so that they could effec- tively assist in preparing a defense, obtain bail and appear as effective witnesses for themselves; (f) By suborning perjury of 'victims' and 'witnesses' to testify falsely; (g) In the willful adoption of the "ECR" and "DFP" poli- cies to avoid adversial litigation and coerce indigents p l a i n ~ tiffs to enter plea of guilty without any advisement of their constitutional rights; (h) By wilfully stating to the Reno Gazette-Journal that "I can say that this office, working closely with the Public De- fender, the Sheriff, the Courts, the County Commission\'and -10- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 11 of 40 others ln the system, has been able to develope several lnnova- tlve approaches to crlmlnal justlce that have proven effectlve and efflclent whlle always safeguardlng everyone's rlghts." 17. Defendants ADAMS, LANE, STEIHE. IMER, BERRY and KOSACH have alded and abetted the other named defendants ln vlolatlng Artlcle 1, I 8(5), acted as an accessory after the fact outslde of thelr judlclal offlce ln vlolatlon of Code of Judlclal Conduct Cannons 1, 2, 3{B), and (D), and have wllllngly and actlvely par- tlclpated ln an obstructlon of justlce, oppresslon and brlbery that may lnvolve thousands of other cases. 18. Defendant SPECCHIO, prlor to June, 2005 whlle servlng at the pleasure of the board of county commlssloners, co-authored, approved and personally adopted sald 'custom' outllned ln )para. l5{b, whlch was part of the scheme to lntlmldate plalntlffs charged wlth Jlubllc offense. Upon lnformatlon and bellef, each and every deputy acted under the authorlty of defendant Specchlo and acted wlthln the scope of thelr employment. Upon lnformatlon and belief, said 'custom' has continued under the supervision of Defendant Bosler. 19. Defendants HANKE, LARKIN, SFERRAZZA, WEBER and GALLOWAY knew of the 'custom' and practlce descrlbed ln para. 15{a)-{g) and the "ECR" and "DFP" as alleged ln para. l6{a)-{h), ACQUIESC- lng ln thelr appllcatlon to plalntlffs and all slmllarly sltu- ated lndlvlduals charged wlth publlc offense ln Washoe County, to prevent plalntlffs and all lndlgent lndlvlduals charged wlth publte -11- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 12 of 40 offense any constitutional rights that they may be aware of. 20. Upon information and belief, defendant Dorothy Nash \ Holmes, while District Attorney of Washoe County, without due re- gard for the rights of indigents formulated "they're black, they' they're going to prison, innocence or not." 21. Upon information and belief, at all times pertinent hereto, defendant State Bar of Nevada (Reno) and Phillip J. Pat- tee have maintained a system of review of complaints filed against the other named defendants which is so cursory as to be ineffective and permit and tolerate the willful denial of rights secured to indigent plaintiffs and all similarly situated indivi- duals pursuant to the Sixth and Fourteenth Amendments of the United States Constitution and Article 1, I 8(1)(5) of the Nevada Constitution. 22. The State of NEvada, despite knowledge and adequate op- portunity to learn of the invidious discriminatory practices of its agencies and agents, adopted, approved, and ratified the said customs, policies and practices of de feud ant Washoe County Public Officials. 23. The totality of the aforesiad facts demonstrate that the Defendants, and all of them, in wilful violation of the Sixth and Fourteenth Amendments of the United States Constitution, estab- lished on or about August 4, 1791 and June 6, 1868, respectfully, did purposely and intentionally discriminate against the indigent plaintiffs and all similarly siyuated individuals and subject _- -12- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 13 of 40 them to inequality of treatment. 24. Plaintiffs have no adequate or complete remedy at law, and have suffered irreparable harm and unless defendants are en- joined from the enforcement of the custom "this is a Redneck town and if you go to jury trial you will be found guilty, not because you is guilty, but because you is a black man", and, the "ECR" and "DFP" policies by order of this court the unconstitutional conduct of the Defendants will continue. 25. At all times relevant herein, defendants' acted inten- tionally and under color of authority of the law of the State of Nevada. FIRST CAUSE OF ACTION VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. I 1983 INVIDIOUS DISCRIMINATION 26. Plainl:iffs incorporates herein by reference the allega- tions contained in paragraphs 1 through 25, inclusive. 27. Defendants, under color of state law, has caused and will continue to cause Plaintiffs and all similarly situated indivi- duals, and other to be subjected to the deprivation of their constitutional rights, in violation of 42 U.S.C. I 1983. 28. Plaintiffs are presumable innocent and for the most part are too poor t.o afford counsel. Yet, were advised by their court appointed public defender that they should plead guilty to the offense because "this is a Redneck town and if you go to jury trial you will be found guilty, not because you is guilty, but because you is a black man." While firmly believing they are not guilty of any offense, indigent plaintiffs none the , -13- ,-, - Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 14 of 40 less were forced toplea guilty and were sentenced to harsher term because of their indigency and race. 29. The psychologically oppressive phrase (para. 28) impair plaintiffs' mental and emotional ability so that they cannot be effective witnesses for themselves or assist in preparing their defense, as well as the restrictions placed on their access to counsel and to the courts undermine the integrity of the entire trial process and infringe on their rights to a fair trial there- by depriving Ithese plaintiffs of rights guaranteed them by the Sixth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. I 1983. 30. Because of the actions of Defendants HANKE, LARKIN, SEER- RAZZA, WEBER, GALLOWAY, SPECCHIO and BOSLER, Plaintiffs have suf- fered violation of fundamental rights guaranteed by the United States Constitution and are therefore entitled to declaratory and injunctive relief, pursuant to Federal Rules of Civil Procedure Rules 57 and 65, and 28 U.S.C. I 2201, to redress, remedy, and prevent future violations of their rights and the rights of other others. SECOND CAUSE OF ACTION VJ[OLATION OF CIVIL RIGHTS UNDER 42 U.S.C. I 1983 EQUAL PROTECTION CLAUSE 31. Plaintiffs incorporate herein by reference the a l l e g a ~ tions contained in paragraphs 1 through 30, inclusive. 32. The o)lpressive phrase and "ECR" and "DFP" custom, policy and practices of Defendants HANKE, LARKIN, SFERRAZZA, WEBER, GAL- LOWAY, SPECCHIO, BOSLER, GAMMICK, LANE, ADAMS, BERRY, STEINHEt- -14- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 15 of 40 and KOSACH, caused Plaintiffs to believe that actions (paras. 15, l5(a)_(j} and 16, l6(a)-(h}}, were within defendants discre- tion and not violative of the Sixth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. 1983 and 1985. 33. The actions of Defendants, as described in this complaint were motivated by partsan and political considerations and were designed to deprive Plaintiffs of their liberty and abridge right rights, privileges and immunities as a prerequisite to assistance of counsel. 34. Upon information and belief, the Defendants' committed the unlawful acts against the Plaintiffs and others because of their indigency and race; these Defendants have not acted in the detail manner (para. 32), towards wealthier persons charged public offense iu-Washoe County. By 6ontrast, wealthier Ilerson(s} have, inter alia unrestricted access to court and counsel; the opportunity to contact witnesses; the opportunity to effectively assist in preparation of their defense and to appear as effective witnesses for themselves. 35. Because of the actions of Defendants' , Plaintiffs have suffered violation of fundamental rights guaranteed by the United States Constitution and are therefore entitled to declaratory and injunctive relief, pursuant to Federal Rules of Civil Procedure Rules 57 and 65, and 28 U.S.C. 2201, to redress, remedy, and prevent violations of their rights and the rights of others. -15- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 16 of 40 THIRD CAUSE OF ACTION VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. 1985 CONSPIRACY 36. Plaintiffs incorporate herein by reference the allega- tions contained in paragraphs 1 through 35, inclusive. 37. The actions of Defendants GAMMICK, HANKE, LARKIN, SFER- RAZZA, WEBER, GALLOWAY, SPECCHIO, BOSLER, LANE, ADAMS, BERRY, STEINHERIMER and KOSACH, described in paras. 16, l6(a)-(h), and 17, were motivated by partisan and political considerations and were designed to deprive Plaintiffs of their liberty and abridge rights, privileges and immunities as a prerequisite to assistance of counsel. 38. Each act of the object had similar purposeS, involved the same or similar participates and had similar results impacting similar plaintiffs; namely the defendants' are part of a recur_ ring pattern (If similar schemes of inequality of treatment as that term is defined in 42 U.S.C. 1985(3), in order to deprive indigent, including the plaintiffs and all similarly situated individuals of rights guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. 39. The actions of Defendants, as described in this complaint were motivated by partisan and political considerations and were designed to deprive plaintiffs of their liberty and abridge rights, privileges and immunities as a prerequisite to assistance of counsel. 40. Because of Defendants',actions, plaintiffs have suffered violation of fundamental rights guaranteed by the United States -16- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 17 of 40 Constitntion and are therefore entitled to declaratory and injun- ctive relief, pursuant to Federal Rules of Civil Procedure Rules 57 and 65, and 28 U.S.C. 2201, to redress, remedy, and prevent future violations of their rights and the rights of others FOURTH CAUSE OF ACTION VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. I 1983 CUSTOM, POLICY AND PRACTICE 41. Plaintiffs incorporate herein by reference the allega- tions contained in paragraphs 1 through 40, inclusive. 42. Plaintiffs are informed and believes, and upon that basis alleges that in taking the actions of which complaint is made herein , defendant Gammick, and, working closiy with the public defender, the sheriff, the courts, the County Commissioners and others in the system, authorized and acquiesced in the initation and maintenance of the "ECR" and "DFP" with the intent and effect of depriving the Plaintiffs and the members of the class due pro- cess of law, the equal protection of the laws and of rights, pri- vileges and immunities secured by, inter alia, Sixth and Four- teenth Amendments to the United States Constitution. 43. The actions of Defendants, as described in this complaint were motivated by partisan and political considerations and were designed to deprive plaintiffs of their liberty and abridge rights, privileges and immunities as a prerequisite to assistance of counsel. These costoms, policies and practices Were enforced by Defendants GAMMICK, HANEE, LARKIN, SFERRAZZA, WEBER, GALLOWAY, HOLMES, SPECCHIO, BOSLER, LANE, ADAMS, BERRY, STEINHEJIMER and KOSACH, and was the moving force, proximate cause, or affirmative -17- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 18 of 40 link behind the willful intrusion into the attorney-client rela- tionship causing the plaintiffs and all similarly situated in- dividuals irreparable injury. 44. Despite their knowledge of the said illegal custom, pol- icy and practices, the policy-making and supervisory officials and officers of the said Defendant County, as a matter of policy have not taken steps to terminate said practices, and have in- stead, sanctioned the custom, policy and practices described in paragraphs l5(b){c)(d)(e)(f)(g)(h)(i)(j), l6(a)(c) (d)(e)(f(g) and 19, through their indifference to the effect of said custom, policy and practices upon the constituional rights of the indi- gent citizens of Washoe County, including the plaintiffs. 45. Because of Defendant' actions, plaintiffs have suffered violation of fundamental rights guaranteed by the United States Constituion and are therefore entitled to declaratory and injun- ctive relief, pursuant to Federal Rules of Civil Procedure Rules 57 and 65, ancl 28 U.S.C. I 2201, to redress, remedy, and prevent future violations of their rights and the rights of others. FIFTH CAUSE OF ACTION VIOLATIONS OF NEVADA LAW 46. Plaintiffs incorporate herein by refernce the allega- tions contained in paragraphs 1 through 45, inclusive. 47. Defendants HANKE, LARKIN, SFERRAZZA, WEBER, GALLOWAY, GAMMICK, HOLMI:S, SPECCHIO, BOSLER, LANE, ADAMS, BERRY, IMER AND KOSACH custom, policy and practices deny to Plaintiffs and all similarly situated individuals: -18- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 19 of 40 (A) Their right to due process of law guaranteed by Art. I, t 8(1) to the Nevada Constitution in that these practices dis- criminate against them in seeking and obtaining assistance of counsel and fair trial on the basis of indigency and race; (B) Their right to equal protection of the law guaranteed by Art. I, D 8(5) to the Nevada Constitution in that they estab- lish a class of minority persons to whom equal assistance of counsel and fair trial is denied. 48. The actions of Defendants, as described in this complaint were motivated by partisan and political considerations and were designed to deprive Plaintiffs of their liberty and abridge right privileges and immunities as a prerequisite to assistance of counsel. 49, Upon information and belief, and thereon Plaintiffs and all similarly situated individuals alleges Defendants custom "this is a redneck town and if you go to jury trial you will be found guilty, not because you is guilty, but because you is a black man" the "ECR". and "DFP" policies inter fer with the basic elements of the adversary fact finding process in criminal pro- ceeding are violations of Art. I, I 8(1)(5), S.C.R. 150-203.5, NRS 197.110, 199.010, 199.020, 199.150, 199.230, 199.240, 199. 480(f)(g) and 252.190. 50. Defendant judicial officers fails in their duty pursuant to Nevada Code of Judicial Conduct Cannon I, "A judge shall up- hold the integrity and independence of the judiciary and violate NRS 199.020. -19- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 20 of 40 .. 51. DEfendants, State Bar of Nevada (Reno) and Phillip J. Pattee fails in their duty pursuant to Nevada Rules of Profes- sional Conduct Rules 1.1 - 1.18, 2.1 - 4.4, 5.1 - 5.5, 7.1, 8.2 - 8.5 to enforce, monitor and conduct thorough and objective inves- tigation of bar members to determine whether complaints of "con- structive denial of counsel, bribery, selective prosecution, denial of fair trials" are based solely upon indigency and race .. See Exhibit F attached hereto and incorporated herein by refernce. 52. Because of Defendants actions, Plaintiffs have suffered violation of fundamental rights guaranteed by the Nevada Consti- tution and or therefore entitled to declaratory and injunctive relief to redress, remedy, and prevent future violations of their rights and the rights of others. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pary for judgment as follows: 1. That the Court certify this action as a class action on behalf of the class, pursuant to Fed. R. CIV. P. 23; 2. Further, Plaintiffs pray for a declaration that the psy- chologically oppressive custom is unconstitutional because it violates plaintiffs rights to assistance of counsel, fair trial, due process, and equal protection guaranteed by the United States and the Nevada Constitution; 3. Further, Plaintiffs pray for a declaration that the "ECR" and "DFP" poli.:ies or unconstitutional because they violate plain- tiffs rights oj[ assistance of counsel, intrude into the attorney- client relationship, right to a preliminary hearing, fair trial, -20- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 21 of 40
. ! due process, and equal protection guaranteed by the United States Constitution and the Nevada Constitution. 4. That the Court issue a permanent injunction requiring Defendants, and each of them, their officers, agents, employees, successors, assigns, and all persons in active concert or parti- cipation with them, to abide by the provisions of said Amendments Titles, Article, Statutes and Nevada Rules of Professional Con- duct, and ordering specific actions to ensure that these Laws are met and not furthered violated, so that Defendants are refrained from invidiouB discriminating and refusing to extend to any per- sones) chargeel with public offense in Washoe County, including Plaintiffs and all similarly situated individuals the full and equal protection of the Sixth and Fourteenth Amendments to the United States Constitution. 5. That the Court retain jurisdiction over defendants until such time that the Court is satisfied that the Customs, policies, and practices alleged herein no longer exist and will not re- occur. 6. That the Court award any attorney fees, pursuant to 42 U.S.C. 1988, and costs of suit herein to plaintiffs. 7. That the Court award such other relief as may be necessary and proper. -21- Respectfully submitted, By Howard Lee White P.O. Box 607 Carson City, NV 89702 Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 22 of 40 VERIFICATION STATE OF NEVADA ) ) ss: CARSON CITY ) I, HOWARD LEE WHITE, hereby aver and says: 1. That I am the lead Plaintiff in the above entitled ac- tion, that he is the person who executed the foregoing that he has read the same and knows the contents thereof; that the matters stated therein are true to his knowledge, except such matters as are stated to be upon information and belief and as to those matters he believes them to be true. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. See 28 U.S.C. I 1746 and 18 U.S.C. I 1621. Executed this .;;15"1 day of May, 2007.
AwJllvttJ.ttto -22- Howard Lee White P.O. Box 607 Carson City, NY 89701 Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 23 of 40 DECLARATION OF HOWARD LEE WHITE STATE OF NEVADA ) ) ss: CARSON CITY ) I, , , herebu declare and says: 1. That I am the declarant and one of the Plaintiffs in the foregoing complaint and mades this declaration in support and be- Ii eves that the name defendants, have a personal bias and preju- dice against him and the similarly situated persons, and each of them and favors governmental officials by committing the follow-_ ing; a. That declarant state upon information and belief that Richard Gammick, in the City Reno, made statements before certain staff reporter of the Reno Gazette-Journal of that City on the .' subject of lall enforcement. In one of these statements Gammick told the reporter in substance, and through him the general pub- lic, that "Whi.le it is true that the Washoe County public defen- der and the Washoe County district attorney are adversaries in the criminal In_particular in the courtroom, this is by no means the entire story. If the two offices were to stop work- ing together with each other on Administrative matters and pro- cedures the entire criminal justice system would bog down A great example of the two offices working together has been the adoption and continuing operation of the Early Case Resolution (ECR) program and the more recent Direct Filing Program (DFP) , both of which are extremely beneficial to the taxpaying pUblic, as well as improving the efficiency of the process I can say Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 24 of 40 that this office, working closely with the public defender, the sheriff, the courts, the County Commission and others in the sys- tem, has been able to develop several innovative approaches to criminal justice that have proven effective and efficient while always safeguarding everyone's rights . These programs have not been a product of my dictating to anyone but have evolved from equal participation by all involved agencies." b. Declarant has been informed that Jeremy Bosler, has ex- pressed a willingness to assist the District Attorney's office in obtaining guilty pleas, by permitting deputies of the Washoe County Public Defender's office to be used as agents for the pur- pose of obtaining convictions against mentally deficient indigent) indigents and blacks, and this declarant has been further informed that public defenders advises indigent client "this is a Redneck town and if you go to jury trial you will be found guilty, not be '" cause you is "guilty, but because you is a black man." See Exhibit G, H and I. c. Declarant futher state that on several occasions, Bosler and Specchio permitted indigent client to be placed in the pre- sence of other indigent clients, for the purpose of using the client in the obtaining of evidence against the other for the Dis- trict Attorney's office. d. Declarant further state that on or about January 7, 2002 Washoe County Public Defender investigator Larry Carson made cash deposit for Marvin Morris as payment for guilty plea. See Exh. I. & Declarant further has been informed that Public e f e n d e r ~ use other inducement to obtain guilty pleas in nameing judges, -2- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 25 of 40 Calvert, 'he appear in front of Judge Kosach, everyday and the judge always goes along with his requests, Molone, advise its hard being 'black' in Reno, that its hard being 'black' with a case in Reno and being 'black' and innocent with a case in Reno its the Judges, juries and police; Van Ry, advises Judge Adams is a racist and Bigot; Merkin, advises I been knowing Judge Adams for 15 years. Everything I tell him it goes; Herbig, advises if we take this case to trial the State will pick a 'Redneck' jury and haug us, because you're a black man; aud VaunHall, declarant on Judge Berry that "she's new, she's out to get every- body." f. Declarant further state it is the policy, custom and practice of the County Commission to deprive indigent offenders constitutional adequate representation. g. Declarant state upon information and belief that Richard Gammick, further stated "Since these programs account for about 35 percent of our case load, both offices have been able to ope- rate without substantial increases in staff. In spite of criti- cism by private defense attorneys, never been a suc- cessful legal challenge to either progeam. In fact, there has been only one unsuccessful challenge pursued in eight years." h. Declarant has been informed that non indigent accused are given preferential treatment to indigent accused represented by retained defense lawyer's so that they could effectively as- sist in preparing a defense, obtain bail and appear as effective witnesses for themselves. -3- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 26 of 40 i. Declarant further state that. indigent minorities are charged with the greater offense than non-minorities committing like offenses. See Exh. A. j. Declarant further state that Richard Gammick has a cus- tom of retaliating against assistant who expose unlawful govern- mental practices, as not being a team player. k. Declarant further state that the rights of indigent, mentally deficient indigents and blacks' are not protected by the courts allowing prosecutions of indigents without jurisdiction and imposing lesser penalties on non-minorities for like offenses See Exhibit J. 1. Declarant has been informed that Judges Lane, Berry, Kosach, Steinheimer and Adams have interest in prosecutions and failed to uphold the integrity and independence of the judiciary by lending the prestige of judicial office to advance Washoe County officials political interests. m. Declarant further state that the State of Nevada has a duty to ensure an uobias justice system free of discriminatory animus and to enforce laws necessary to protect the rights of declarant and others similarly situated from acts of racial preju- dice. n. Declarant further state that said customs, policies and practices of are not rationally related to legitimate law enforcement objectives. ca. By reason of the foregoing, a controversy exists be- -4- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 27 of 40 tween Plaintiff(s) and Defendants' in that declarant is the party beneficially interested and has not nor has any co-plaintiff a plain, speed.y and adequate remedy in the ordinary course of law to address this racial animus. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. See 28 U.S.C. I and 18 U.S.C. I 1621. Executed this day of May, 2007.
Howard Lee White. -5- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 28 of 40 EXHIBIT !l Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 29 of 40 }J \ Declaration of Robert Benson State of Nevada )
SS. Carson City I, Robert Benson, Do Hereby Declare under penalty of perjury that the following averments of fact are true and correct, to wit: 1. I am over the age of 21, and can attest to the statements contained herei.n, all of which are made upon personal knowledge and in support of Howard Lee White, et al. v. David Hanke, et al., to which I am a party. 2. Declarant, being African-American was subjected to invidious discrimination by Richard Gammick, John Malone, Michael Speechio, John P. Calvert, Steven R. Kosach, Judge and other officials of Washoe County in the following respects: a. On January 4, 2004, I was charged with robbery with the use of a deadly weapon and kidnapping in the first degree. On or about December 21, 2004, I was found guilty of said charges and sentenced by Judge Kosach to serve two consecutive prison terms of thirty five (35) to one hundred fifty six (156) months for the robbery and two consecutive prison terms of five (5) to fifteen (15) years for the kidnapping, in case number CR04-163A-B. Order of Affirmance filed October 4, 2005, in Supreme Court of Nevada docket number 44739. b. Declarant will be eligible for parole after serving approximately si.xteen (16) years. c. On c,r about January 21, 2004, John Malone, Deputy Public Defender and Karl Hall, Assistant District Attorney, in concert denied my right to testify before the grand jury. Mr. Hall had Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 30 of 40 c advised grand jury of my presence and that I would testify. Subsequently, Mr. Hall advised affiant that he had no lawyer and then falsely advised grand jury that affiant had no evidence to give. d. Declarant suffered invidious discrimination on a number of levels. for example, Judge Kosach showed a complete disregard for my rights. He emphasized this by saying the following: "Free attorneys, this is the way things are. Go down and hire Johnie Cochran right now and tell him to come here and try the case on April 5th. And I'll bet you he says, I can't do it!" These comments could be interpreted to mean Kosach had an impermissible bias and prejudice against me and African-American people. Arguably these remarks amounted to a racial slur. In fact, Judge Kosach was disrespecting and mocking me because I was unable to hire a African- American defense attorney. Kosach challenged me by betting me about what Mr. Cochran would do in this situation. e. On or about July 30, 2004 in the parking lot of the northwest Reno Wal-Mart Richard Martin forced his wife into his car and attempted to kill her throws her in the car. "The whole time he's saying to her 'I'm going to kill you.' and 'Do you want to die?'" The Washoe County District Attorney charged him with second-degree kidnapping and attempted murder. Judge Kosach sentenced him t() a maximum of ten (10) years on the second-degree kidnapping and fifteen (15) years on the attempted murder. Martin will be eligible for parole after serving six years. Declaration of ll:obert Benson Re: Howard Lee White, et al. v. David Hanke, et al. Page Two of Three Pages Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 31 of 40 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. See 28 U.S.C. 1746. Declaration of Robert Benson Re: Howard Lee White, et al. v. David Hanke, et al. Page Three of Three Pages Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 32 of 40 ~ J ~ . 2.- EXHIBIT :B Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 33 of 40 , ~ 1 MICHAEL AIGELO DRAIE NDOC No. 1()1l22 2 Nevada State Prison 3301 E. Fifth Street / POB 607 8 Carson City, Nevada 89702-0607 4 DECLARANT, In Propria Persona 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 28 24 25 26 27 28 UNITED STATES DISTRICT COURT DISTRICT OF NORTHERN NEVADA --00000-- HOWARD L I ~ WHITE, et al., ) V,n. DAVID HANJ:E, et ) Plaintiffs, ) ) ) Case No.: ) al. , ) ) . Defendants. ) ) SWORN DECLARATION OF MICHAEL ANGELO DRAIE State of Nevada ) : S8 County of Carson City ) I, MICHAEL ANGELO DRAKE (hereinafter "Declarant"). being first duly sworn accprding to law, of legal age, depose as fol- lows: 2. That I am the Declarant in the foregoing Sworn Declara- tion; 3. That this Declaration Is made In good faith, and not interposed for any improper purpose; 4. That I am able to make competent testimony, before a court of law, as to the foregoing truthful statements, as to my own personal knowledge and belief; Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 34 of 40 " r
1 5. That Declarant makes this Sworn Declaration in support of 2 Howard Lee White, et a1. vs. David Hanke, et al., in the above 3 entitled action; 4 6. That on the 6th day of September, 2001, I was the Peti- 5 tioner in a proceeding, to wit: Drake v. Budge, et al., Case No. 6 CR98-P-2596 (consolidated with CR98-P-2504 and CR98-P-2504), and 7 the follOWing testimony under oath was represented in colloguy by 8 Carolyn Tanner, ESQ., than a Deputy Public Defender, Washoe 9 County, State of Nevada (now in private practice); 10 Q. Do you recall having any discussion with Mr. Drake, in which his ethnicity or his race was an issue? 11 12 13 TANNER: Yes. Q. Could you describe that for me? TANNE:R: Sure. I usually have discussions with my clients 14 of color when we talk about issues that they need to think about in making their decisions, as to " 15 whether or not to accept an offer versus going to jury trial. And my discussions usually include, 16 and did include with Mr. Drake, that he is an African-American man in a predominantly White com- 17 munity, and in my experience, predominantly white jurors, and that is an issue that he should con- 18 sider with equal weight, with any other issue that he might consider when he, if he was considering 19 going to, having a jury trial. 20 7. That this statement was nothing more than racial discri- 21 mination, ,and I unsuccessfully compelled Ms. Tanner to file for a 22 change of venue, based on her discriminatory statements to insure 23 fair j udic:ial proceeding; 24 8. That despite her racial statement, Ms. Tanner refuse to 25 file for a change of venue, and aggressively encouraged Declarant 26 to enter into a guilty plea, based on the racism of a jury makeup 27 and verdict of guilty, based on Declarant being an African; 28 9. That the District Attorney's Office, representing the -2- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 35 of 40 1 State of Nevada, and a key witness, Laura Walker, was married to 2 a prosecuting attorney, Egan Walker. Laura Walker was a key wit- 8 ness against Declarant; 4 10. That Declarant informed, both, Ms. Tanner and Judge Janet 5 Berry of the relationship between the prosecuting attorney and 6 they key witness, and that Ms. Tanner, or Judge Berry took "no" 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
26
action to address the conflicts, and ignored Declarant's requests to do so; 11. That as a result of the racial discrimination, and the relationship (witness and District Attorney), that Declarant filed a proper person pleading, and sworn affidavit, for the re- cusal of Judge Berry, for allowing the bias prejudice to remain; 12. That Judge Berry denied Declarant's Motion for Recusal; 13. That the actions of Ms. Tanner and Judge Berry, in con- cert amounted to Drake's fundamental denial of due process and equal protection, a deprivation so gross that it violated Drake's federal protected constitutional rights; 14. That Declarant believes, that the actions described here- in were SO obvious and egregiOUS, that a reasonable person would labor doubts about the impartiality, and bring into question, as to the fairness of Drake, based on Ms. Tanner's belief of the jurors racial bias and discrimination; 15. That the personal (marital) relationship, in which Judge Berry and Ms. Tanner, knew or should have known, would have a tremendous impact of conflict and fairness to Declarant, and that . .
-3- Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 36 of 40 1 conflict prosecution should have been assigned, and Declarant's 2 case moved to another judicial district; 3 16. Tbat Declarant was greatly prejudiced by Judge Berry, 4 Ms. Tanner, and the District Attorney's Office, whom felt that 5 Drake's race did not matter, nor the victim-prosecution relation- 6 ship; 7 FUITHEI, Your Declarant sayethn@ught; 8 this date, by the undersigned Declarant, under the 9 penalties of perjury, pursuant to 18 U.S.C. & 1746 and MIS 208. 10 165 (execution of documents in absence of notary, by an incarce- 11 rated person), at Carson 'City County, State of Nevada, and United 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 States of America. DATE]) THIS DAY OF __ ' 2007. III III III III III -4- ___ _ MICHA L A GELO DRAIE, 61122 DECLARANT Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 37 of 40 t , : J .0 EXHIBIT c Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 38 of 40
AFFIDAVIT OF JAMES WRIGHT, JR. STATE OF NEVADA ) ) ss: CARSON CITY ) I, JAMES WRIGHT, JR., hereby aver under the penalty of perjury and says: 1. "During the time my case was pr oceeding bef ere Judge B r en tAd am s of th e Sec on d J u d i i: i a 1 Dis." tr i c t C au r t of th e S ta te of Nevada, C cun ty of Wash oe my app oin ted attorney KBl IN V AN RY. Mr. van Ry began to s ta te things to me indica ting tha t if I wen t to tr i a 1 I w cu 1 d 1 os e bas e d upon th e fa c t th a t th e de te c ti v e Mr. DAVID JENKINS was a kn own 'RACIST and kn OWn to fabrica te evidence against BLACK PEOPLE, coercion of witnesses, and threatening wit- nesses. Thereaf ter , he began to say some pr of ound and dis turbing stat-ements tomy mother and wife. He iT AN RY told them that Judge BRENT ADAMS was a RACIST AND BIGOT, and tha t I was never going to receive a fair trial in Judge Bren t Adams c our tr oom. He V AN RY als 0 said to my Mother and Wife tha t the Dis tric t A ttorney RICHARD GAMMICK has con tr 01 over the jury selec ti on so tha t the jury be only 'CONSEINATIV E WHITE PEOPLE, and no BLACKS, cause NBl ADA is the the MISSISSIPPI of the Wes t, and tha t every Black Man tha t he has respresented at trial 1n Judge Brent Adams courtroom lost, not because they were guil ty, bu t because they were BLACK. He V AN RY fur ther stated tha t Judge Adams .was going to allow ab ove s ta ted fac ts to transpire, because Judge Adams already believe me (Wrigh t) toobeguilty based upon my skin color. Additionally, during a cour t appearance Judge Adams sp oke to my previ DUS a ttorney ED HORN by admonishing him stating "Not to get sidetracked." Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 39 of 40 ( (' '1 2. KEll IN V AN RY, als 0 told my wife tha t if she would g:il e him $25,000.00 he would give my case priority and he would win the case. Ad- d i ti on all y , V AN R Y s u g g e s te d th a tIs h ou 1 d jus t pIe a d g u i 1 ty to th e cas e that he acknowledged in front of witnesses that he believe i did not com- mi tit. UNDER THE PI:NALTY OF PERJURY, Pursuant to NRS 208.165 the above affidavit is true and correct to the best of my personal know- ledge. Dated this ~ day of March, 2006. Case 3:07-cv-00255-BES-VPC Document 1-2 Filed 06/01/07 Page 40 of 40 :} ,?, ( .' ( . EXHIBIT I ) ~
Varlo Davenport v. Richard "Biff" Williams Mark Houser Don Reid Jeffrey Jarvis William Christensen Del Beatty Paul Morris Steve Johnson Ron Isaacson Christina Durham Michael Carter and John Does I-X
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.
10 31 13 72675 65630 63341 71437 607 599 Filing and Voxox Fax Proof With 4 4 13 Fax Header's Motion To Strike Remand and Sentencing Memor and Extension of Time Sought Appt of Counsel Etc. Vacate Epo
10 24 13 72675 Printed Notice of WCDA's Attempt To Remand Coughlin and Revoke Two Probations and Addendum To Post-Trial Motions Stamped With Ex 1 Opt A9 Printed