Home 04CR2541 Attorney Oath /Bill of Particulars Habeas Corpus The Drama Unfolds DiscoveryMarkUP RE Status - CC to Surety.htm The Roswell Incident Outrageous Selective Vindictive Forgiveness


From: Nancy C. Johnson [ncjonson@earthlink.net]
Sent: Thursday, March 27, 2008 10:12 AM
To: Steve Gartin
Subject: RE: Status? - CC to Surety

Follow Up Flag: Follow up
Flag Status: Red
Mr. Gartin - were it the truth it would indeed hurt.  However, it is not the truth and therefore does not hurt.  It is a reflection of your own prejudices.
The motions are form motions listing facts.  There is no emotion expressed, neither anger nor joy.  Again your perception of anger is a reflection of your own bias.
To call Ms. Cooper as a witness would be a bad mistake on the part of any defense attorney.  The DA will not call either Judge Hall or judge Enquist.  The clerk has at best a very vague memory.  Therefore, Ms. Cooper is the only witness with a clear memory that you were not present in court who can testify to that.  For her to be called as a witness, you would have to waive privilege.  It is likely the judge would then allow the DA to inquire about your previous case because you would have opened the door to that. 
Nancy Johnson
At 06:51 PM 3/26/2008, you wrote:

Good evening Ms. Johnson,
I'm not surprised at your reaction, the truth is often painful at first glance.
Your motions reflect the anger in your heart.  Unfortunately, you did not address the issues I requested you do; to-wit: subpoenas and discovery. I think it would have been appropriate to mention that in the "motion for continuance" so that the judge would have some clue as to "WHY" such a motion has been filed.
I'd appreciate a response.  And I think a supplement to the Motion to Continue is appropriate in this instance.  The graveman of our disagreement is the fact that you planned to call NO witnesses in my behalf when there are so many available that would cast favourable light on the negatives the DA intends to present.
I'm sure your perspective is different, but then you are not the one looking at Four Years in Prison for alleged crimes you did NOT commit.  I'm sorry you are so deeply offended. 
Steve Gartin
1103 N. Kentucky
Roswell, NM 88201

From: Nancy C. Johnson [ mailto:ncjonson@earthlink.net]
Sent: Wednesday, March 26, 2008 5:01 PM
To: Steve Gartin
Subject: RE: Status?

I am deeply offended by this message.  I have attached the motions I filed today at your direction.
Nancy Johnson
At 08:55 AM 3/26/2008, you wrote:
Good morning Ms. Johnson,
Your services are appreciated.  However, the lack of a zealous defense as you have just described is alarming. 
I realize that you work for the STATE and it is important that you maintain your relationship with the DA and judges in order to maintain your pecuniary position.  I know you will say that you work for me, but we both know, and I've documented, that you don't.  The people who cut your check cannot allow me to win, no matter the depths of depravity to which they must dive ~ and if you were to win, I'm sure that your career there in Jefferson County would be negatively impacted.
We also both know, and you have documented, that the DA's office has a major prejudice against me and will use every trick in the book to 'get me.'
Please understand that I need a much more vigourous defense than you propose.  I understand your time and energy constraints and I'm not calling your professionalism into question in the slightest.  I believe we simply cannot agree on a successful defense strategy.
Would you please immediately file your notice of withdrawal and forward discovery and all your notes to me and set a new jury trial date that will allow for the issuance and service of subpoenas for indispensable witnesses, such as the Sureties and Renee Cooper.  I'll have to proceed ProSe.
Thank you for the time and effort you have extended.
I wish you a rich and fulfilling life.
Steve Gartin
1103 N. Kentucky
Roswell, NM  88201

From: Nancy C. Johnson [ mailto:ncjonson@earthlink.net]
Sent: Friday, March 21, 2008 6:50 PM
To: Steve Gartin
Subject: Re: Status?

Mr. Gartin - the only defense we have now is whether the DA can prove beyond a reasonable doubt that you actually signed the setting slip.  The slip does command you to return as a condition of bond, you signed it, you were on felony bond, and you failed to appear.  They have certified copies of the setting slip and other documents from the court file.  We have to stip to the fact that the bond in question was for a felony or the jury will hear exactly what you were convicted of.  If you testify they will also hear what you were convicted of.  Its not much of a defense but its all we have now.
We have no witnesses, if we put your character for honesty in play, the DA will bring in our conviction for the felonies.  We will let them try to prove their case. We do not have to call witnesses and will be better off not doing so.  The clerk has no clear memory of you but that may change when she sees you in the courtroom.  If she can't remember you, can't remember you signing the slip, we may have a slim chance.  If she does remember you, you have virtually no chance of acquittal.  Since the DA was not offering you much of a deal, we will basically be saying to the jury, make sure the DA proves his case beyond a reasonable doubt, hold him to his job.
Since the sentence in this case is a mandatory minimum 1 year in prison, consecutive to your other sentence, the judge, Judge Berryhill, may sentence you after the trial immediately.  Be prepared to be taken into custody at the end of the trial.  Set you affairs in order before we start and don't expect a stay of execution on the start of the sentence.  Yes, you can ask for an appeal bond but that request does not have to be granted.
Nancy Johnson
At 11:54 AM 3/21/2008, you wrote:

Good day Ms. Johnson,

Hope your day is going well.

I'm wondering what you Plan is. 

I haven't heard from you and I don't have any clue how to prepare for a jury trial or what you want me to do or say.

Can you take the time to fill me in on the trial strategy, what witnesses you plan to call and what evidence you plan to present?  Thank you.

Have an enjoyable and successful day,

Steve Gartin