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