Full Thread: Edgar Steele
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Old November 11th, 2011 #2324
Donald E. Pauly
Banned
 
Join Date: Dec 2003
Location: Las Vegas
Posts: 4,130
Default Amicus Curae Motion Released

I filed this motion with the court by email on 10 August, 2011. It is the best thing that I have written up that proves that Steele became insane after his aorta surgery. Note that this type of insanity is highly localized and does not make the patient a drooling idiot.

The scum sucking lawyer McAlister's reply will follow in the next post. This motion was sent to Steele's present lawyer Wesley Hoyt who has not replied. Cyndi was also sent a copy and a hard copy was mailed to Steele. It was the last and only hope that Steele had. It was denied by the Judge on 23 August, 2011. The formatting does not reproduce properly on the forum.

Quote:
From: Donald E. Pauly [email protected]
to [email protected],
cc [email protected],
[email protected],
[email protected],
[email protected]
date Wed, Aug 10, 2011 at 8:51 AM
subject Amicus Curiae Motion to Vacate Sentence

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

)
)
UNITED STATES OF AMERICA ) Case No. 10-00148-N-BLW
Plaintiff )
)
vs )
) Amicus Curiae
) Motion to Vacate Sentence
EDGAR J. STEELE )
Defendant )
)

The authority for this motion is the duty of the movant to report to
the court felonies committed in its jurisdiction under 18 USC 4 which
states:

[Misprision of felony

Whoever, having knowledge of the actual commission of a felony
cognizable by a court of the United States, conceals and does not as
soon as possible make known the same to some judge or other person in
civil or military authority under the United States, shall be fined
under this title or imprisoned not more than three years, or both.]

These felonies are violations of 18 USC 241 and 18 USC 242, which the
defense counsel Robert McAllister and prosecutor Traci Whelan have
conspired to commit. The pertinant portions of each statute are:

[18 USC 241

Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or
intimidate any person in any State, Territory, Commonwealth,
Possession, or District in the free exercise or enjoyment of any right
or privilege secured to him by the Constitution or laws of the United
States,........ They shall be fined under this title or imprisoned not
more than ten years, or both, ........]

[18 USC 242

Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or
custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any
rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, ........ shall be fined
under this title or imprisoned not more than ten years, or both;
........]

This criminal act was depriving defendant Edgar J. Steele of his 4th
Amendment right to be immune from unlawful seizure of his person
under 18 USC 17 which states:

[18 USC 17 Insanity defense

(a) Affirmative Defense.— It is an affirmative defense to a
prosecution under any Federal statute that, at the time of the
commission of the acts constituting the offense, the defendant, as a
result of a severe mental disease or defect, was unable to appreciate
the nature and quality or the wrongfulness of his acts. Mental disease
or defect does not otherwise constitute a defense.

(b) Burden of Proof.— The defendant has the burden of proving the
defense of insanity by clear and convincing evidence.]

This motion relies upon the transcript of this trial and certain other
references from the Internet. The transcript citations will be
referenced as, for example, 5-1201-12, which denotes day 5/page
1201/line 12. Movant has never met the defendant and has merely
subscribed to his newsletter for several years and communicated with
him a few times by email. His knowledge of this case comes primarily
from press reports, news conferences by the parties, and the trial
transcript. He will show that Steele became insane as a result of
surgery to repair a ruptured aorta.

Movant will further show that both defense counsel and prosecution
knew this and conspired to cover it up. Defense cousel Robert
McAllister did this to collect $120,000 in attorney's fees for a
defense that he knew was doomed to failure. Assistant U.S. Attorney
Traci Whelan did this for the political gain associated with winning a
conviction against a prominent White Nationalist. McAllister's
assistant Amendola and U.S. Attorney Haws likely participated in this
conspiracy but the extent of their involvement is not known to
movant.

McAllister had been nearly disbarred by the Colorado Supreme Court in
2004, see http://www.scribd.com/doc/57465734/Doc-198 . He had tried
to cheat one of his consultants in a case who had to sue him to get
her money. He was put on probation for 2 years and required to take
ethics classes in lieu of disbarrment. On or before 15 April, 2011,
he knew that he was being disbarred for stealing $100,000 from a
client. See the previous link. He was also in financial trouble over
failed real estate deals. This was at least 11 days before the Steele
trial and he did not reveal this to his client or to the court.

McAllister knew that the Steele case would be the last one that he
would ever try. He therefore did not fear damage to his reputation.
That trial provided him with an opportunity to collect money with no
risk due to incompetence or further unethical behavior. Had he
conducted a proper insanity defense, the entire trial would likely
have been reduced to a short hearing regarding the defendant's mental
condition. This would not have given him the opportunity to get the
$120,000 which was collected from Steele's supporters.

Defendant Steele nearly died from a ruptured acending aortic aneurysm
on 21 November, 2009. (4-890-1) Before that time, he was a highly
skilled lawyer licensed to practice in California, Oregon, Washington
and Idaho. He was flown by helicopter from Sandpoint to Coeur d'
Alene and nearly died on the way. Open heart surgery was performed
there to repair the large hole blown in his aorta. An hour had
elapsed from the rupture before surgery. This gave time for clots to
form at the site. It is nearly certain that parts of these clots
broke off during surgery and lodged in his brain. This compounded the
brain damage normally associated with open heart surgery.

This dirty little secret is known as pumphead in heart surgeon's
locker rooms. A drop in IQ of 15 points or more is present in 42% of
patients with this type of surgery. For a primer on this subject see
http://www.scientificamerican.com/ar...t-lung-machine
. Two patient histories are of interest from the comments after this
article. A recovering the patient shot himself in the head on his
first unsupervised trip to the bathroom after returning home (see
comment #1). In another case, an highly intelligent woman started to
exhibit permanent childlike behavior after aorta surgery (see comment
#3).

On 5 May, defendant suffered another ruptured aneurysm behind his nose
which required another serious surgery. (4-890-14) After both the
November and May surgeries, defendant was on powerful pain killers.
These pain killers likely contributed to his insanity but movant is
not in a position to evaluate their effect. A scientific paper in
heart surgery induced brain damage is well beyond the scope of this
motion.

Suffice it to say that both McAllister and Whelan knew that defendant
was insane and did nothing to investigate the matter. Both of them
interviewed Allen Banks well before trial. Banks was present at
Steele's arrest. He has a PhD in chemistry and is a medical
researcher. McAllister and Whelan learned from him that Steele was
severely mentally disabled after his surgery. U.S. Attorney Haws had
previously questioned Banks about Steele's mental condition. Here he
is questioned by McAllister:

5-1201-12

[[Q. Dr. Banks, what is it that you wanted to say that you observed
about Edgar Steele's mental condition?
A. Well, what I wanted to say was that, when I visited Ed in December
after he had gotten out of the hospital, it was plain that he was
mentally impaired and that he was -- not only was he weak; but,
mentally, he was not the person that I had known before his heart
attack. He was -- he was -- he was weak. He was -- in many ways, he
was delusional. And he was sick.

But I noticed that over the months, that he got better. And month by
month and week by week, as I saw him and checked up on him, he got
better and better, and he got closer and closer to the Ed that I had
known before the heart attack.

However -- and this is what I wanted to say -- he was still not a
hundred percent. And if he had been getting worse, then I would have
followed what Mr. Haws suggested, which would have been I would have
said, "You know, you need to go back and see the doctor." But he was
getting better, a little better, each time I saw him. So I was
encouraged by that, and I thought he was going to make a full
recovery. And so I didn't -- I didn't -- I didn't push him to go see a
doctor, but he wasn't a hundred percent. He was just getting better
and better.]]

Both Wheelan and McAllister had to have known that Steele's mental
faculties had been seriously damaged. Both knew well before trial
that Steele had written many steamy love letters from jail to his
Ukrainian girlfriend Tatyana Loginova. This is the portion of two
letters which were introduced as evidence:

5-1098-24

[[You could, perhaps, go to school in Panama, if you like, or summer
school in Ukraine, or we could find you something to do -- work at
something, language instructions? Take care of our babies, make love
to me, whatever will make you happy. You get to be near friends,
family for half of every year. I get the same for three months each
year. We both get to be warm for the winter, which can be like a
huge, extended vacation each year. Our kids learn both Russian and
English as they grow up. It sounds great to me. What do you think, my
love?"

July 3, I wish my son would come back up. Your surprise was sitting on
the table in my house when all this happened. My ex promised me that
she would mail it to you over a month ago, but I just learned that she
never mailed it to you. I'm so sorry, Sweetheart. I'm trying to get
one of the kids to get it from her and get it mailed to you. Your
surprise, is a teddy bear that I have named 'Eddie Bear,' a copy of
my book, and a copy of a magazine about the area.

I hope you haven't given up on me, Tanya. This truly has been out of
my control. Remember how much I care for you always. I hope you
haven't given up on me, Tanya. This truly has been out of my control.
Remember how much I care for you always. I begin to suspect that my
ex may be behind all this. I will tell you all about her another time.
She knows that you are very special to me, and I am sure that's why
she hasn't sent your box, as she promised me that she would do.]]

As a trained lawyer who had represented jailed defendants, Steele
should have known that all letters written by him from jail could be
used against him. He lies to Tatyana about being divorced, tells her
that he wants her to have his babies and promises her trips to
Panama. These letters were used by the prosecution to show a motive
for him to kill his wife. It is instead clear from these letters
that the defendant had lost all contact with reality. These letters
had been available to both Whelan and McAllister for months before
trial. It had to be obvious to both of them that Steele was insane.
Whelan should therefore have dismissed the charges or offered some
kind of insanity plea to the defendant. McAllister should have
pleaded an insanity defense.

Therefore, movant requests that the court vacate judgement and order
one or more of the following:

1.A mental exam of the defendant by a specialist in stroke induced
brain damage from aorta surgery. This exam would evaluate those
brain functions which could cause the acts which the prosecution
alleges were committed. An ordinary mental exam would miss this
damage and would be worthless. This should include PET scans and MRI
scans as well as detailed tests of mental functions.
2.That the defendant be released into the custody of Cyndi Steele and
that she be appointed his guardian. She should be further required to
insure that he receives all needed medical treatment.
3.That the charges be dismissed with prejudice because of gross
misconduct by the government.
4.That the charges be dismissed with prejudice because defendant could
not properly contribute to his own defense.
5.That defendant be given a new trial due to lack of effective counsel.
6.The sanction of the prosecuting attorneys as the court sees fit.
7.The sanction of the defense attorneys as the court sees fit.
8.That this conspiracy be referred for prosecution by the Attorney
General of the United States.
9.That another District of the U.S. Attorney General retry the Defendant.

In the alternative, movant requests that the defendant's sentencing be
continued as required in the interests of justice. This would be if
prior to sentencing his mental evaluation is not complete, the
appointment of his guardian is not complete or the investigation into
this conspiracy is not complete.

Respectfully submitted by electronic mail this 10th day of August, 2011

Donald E. Pauly
Movant
Henderson, Nevada
[email protected]

Submitted by electronic mail this date to:

Winmill [email protected]
Whelan [email protected]
Haws [email protected]
Amendola [email protected]
McAllister [email protected]

B. Lynn Winmill, Chief District Judge
United States Courts, District of Idaho
550 West Fort Street, Boise, Idaho 83724
(208) 334-1500 [email protected]

D. Marc Haws
US ATTORNEY'S OFFICE
MK Plaza, Plaza IV
800 Park Blvd, Ste. 600
Boise, ID 83712
Tel: (208) 334-1211
Email: [email protected]

Traci Jo Whelan
US ATTORNEY'S OFFICE
6450 N Mineral Drive
Suite 210
Coeur d'Alene, ID 83815
Tel: (208) 667-6568
Email: [email protected]

Gary I. Amendola
AMENDOLA & DOTY, PLLC
702 N 4th Street
Coeur d'Alene, ID 83814
Tel: (208) 664-8225
Email: [email protected]

Robert T. McAllister
2950 S Umatilla
Englewood, CO 80110
Tel: (720) 570-8892
Email: [email protected]

Last edited by Donald E. Pauly; November 11th, 2011 at 10:41 PM. Reason: typo