Oregon Member Denied access to Court Appointed Counsel
Salem, Or-
An ONAC KM church member arraigned on misdemeanor assault charges continues to be deprived of access to legal counsel. Michael Charles Minter, age 49 of Salem, did what any honorable man would do when he shoved a frail woman aside and took two blows to the face meant for her by a drunken deranged transient hopped up on more than a dozen over-the-counter pain medication pills. One would think the noble deed would be treated as a self defense and that the aggressor would be charged and taken to jail, but in Salem on the morning of May 23rd 2016, the opposite would prove to ring true and it would be Minter who would find himself cuffed.
July 20th 2016, Minter was arraigned on an assault in the third degree, meaning that he either knowingly recklessly caused physical harm to another with Or without a weapon, or a vehicle without regard for the victims human life, or that he had assistence from another, none of which is true, but the state's deputy District Attorney chose to go with the latter, that Minter had help from another, and that other is fellow church member and home owner Corey Busby.
At this time Minter was assigned a court appointed attorney to help prepare a defense for his case. He was given papers which the judge personally hand wrote the counsel's name "J. Hyde", aka Julia Hyde. The judge instructed Mr. Minter to direct all of his questions regarding his case "To Ms. Hyde." To his knowledge she was nowhere around to be found, so after concluding his hearing with the court, he went about his way with nothing on his mind other than to connect with her and try to find out What was actually going on and how it was that the state felt it was right to try and charge him for defeding a woman from a physical attack from a drunken enraged transient. Minter left a message at her office and then sent her an email introduction. Then he touched bases with church leaders and informed them of who his appointed counsel was.
As church leaders jumped into action seeking information as to who this attorney was and whether or not she would be trustable enough to aid in church members defense, confidence was gained as the information revealed "Good Medicine Signs" encompassing her. Julia A. Hyde, according to a quick search of her online, received her B.A. from Mills College in 2003. She graduated from Golden Gate University School of Law in 2011 and received certificates with honors in both criminal law and litigation. During law school, she received awards for top grades in courses including Trial Advocacy, Appellate Advocacy, and Professional Responsibility. Ms. Hyde was a judicial extern in the San Francisco Superior Court’s Criminal Division, and spent two years as a law clerk for both the San Francisco Public Defender and Alameda County Public Defender’s offices, coincidently enough, Alameda is the second legal home state of Sachem Joy Graves.
Apparently Ms. Hyde was licensed to practice in California in 2011, and subsequently licensed to practice law in Oregon. She worked as a Deputy Public Defender in Tulare County, California from 2012 to 2014. A native Oregonian, she moved back to the Northwest to join the Marion County Public Defender in March 2014.
Ms. Hyde is proclaimed to have an extensive trial experience history under her legal belt, and has represented over 1,000 indigent clients in felony and misdemeanor criminal cases, juvenile delinquency proceedings, contempt charges, and commitment cases. Though Ms. Hyde is currently employed with a non-profit "Public Benefit" company named "Public Defenders of Marion County Inc." Insignificant as that may and should seem, as this article will reveal, it's going to be significant because they seem to believe they're decisions ultimately superceed the order and explicit instruction of a judge! So, who Are this company you ask... well good question, so let's take a quick second to explain it to you...
The "PUBLIC DEFENDER OF MARION COUNTY INC." (PDMC), state registry number #390834-98, is a private company that contracts with the state to take "indigent defendants in criminal cases." It is imparrative to note that The PDMC is NOT a state agency. It is a non-profit law firm for the benefit of the clients. The Public Defender of Marion County Office The company website however, notes that they actually "began taking cases on July 2, 2007", according to the state, Marion County Public Defender Inc. registered and activated their assumed business license in October of 2006 . The license lists a registered agent named Jessica (O) Kampfe of Salem (effective September 29th 2015), a president by the name of Teresa Cox of Jefferson, and a Secretary by the name of Jack Goldberg also of Salem.
Interestingly though is the link that connects this license to another, #175690-13. The name on this license registry is "MARION COUNTY PUBLIC DEFENDER INC." Similar indeed, but the fact that the state site prompts a connection between the two is confirmation that something interesting could be about to be found. MCPD originally registered with the Secretary of State in April of 1984, but became Inactive in July of 1985, according to the state it was an "Involuntary Dissolution resulting from having been put on May and not complying in May." Eric R. Johansen of Salem was the only registered agent back then, no president, secretary or other official positions were noted, and too, it is unclear whether or not a non-profit status was ever attained or not.
The company declares that the "Overall mission of the Public Defender of Marion County is to provide high quality, cost effective criminal defense to persons who qualify for our services while maintaining the confidence of the clients that they are receiving zealous and proficient legal representation." Sounds almost reassuring doesn't it... the question is, is it? Only time will tell, combined with the degree of serious effort is put forth on their Employee's behalf we suppose.
According to their website, "Your Attorney works for you. It is true that, because he or she is appointed by the court and works for the public defender’s office, you lawyer is paid by the State. However, by law and by the ethics of the legal profession, only you and your lawyer have any input as to how your case is defended." For a working class victim blindsided into the justice system as a criminal, this reality becomes essential, and their ability to trust and depend on their attorney having an obligation to investigate your case and raise any defenses on your behalf that are available becomes priceless.
Two phone calls to the office with messages left emphasizing that the client wants to meet with their attorney is commonplace in an attorney's world, as too is not getting a returned call or an appointment becomes commonplace in the lives of clients in Oregon apprently as well. Thankfully in today's world we have the broad avenue of communications known as internet, and ultimately this reporters personal experience, as well as proven for Mr. Minter to be true, is that the odds of getting through to as well as a response from an attorney these days is found in email correspondence, and his clergy encouraged it.
Immediately after his arraignment, Michael Minter reached out to his court appointed attorney via email. In it was a brief introduction along with the request of a complete concurrent "Discovery of Evidence" as known to be prepared for presentation of him involving this case. Most think this to be an automatic courtosy, but we are here to tell you that it's not a given, it's something Anyone charged with any sort of crime should Immediatel request and in writing! No response was returned electronically, but hard copies did begin to appear via the US Mail. Unfortunately for Minter though, reviewing the received mail would only bring even more confusion and in turn, frustration as the paperwork itself would indicate he was being given far from a "Complete Copy" of evidence planned to be brought against him during a trial.
Within the paperwork he did receive, came a pink paper which ultimately was a court-ordered bill stating that Minter actually Owes $405.00 to Julia Hyde for having been assigned his court-appointed legal representation throught this case pending against him. Once upon a time ago a court appointed attorney only received payment from the state, but these days they get paid by both, the state presuming to pay more, but the poor person who can't afford his own counsel now aquires a debt as well, and are court ordered to pay it! On the paper, the judge hand-wrote the money was owed to "J.Hyde." Questionable and yet to a degree logically seeming upon first glance, but not as cut and dry as it shold be as time would soon begin to reveal.
Again Mr. Minter would email a request for a complete copy of the Discovery, but come his court appearance for "Plea Hearing", not only would he Not have yet still received ALL the state's alleged evidence but too, even his court appointed counsel Ms. Hyde would not appear either, and with absolutely No Warning or correspondence attempts telling him so. According to a man who would approach the court when Minter's case was called, Ms. Hyde was "Out sick", and that He was "filling in for her regarding this case." At this point Minter didn't know who this man was, nor could he have identified Ms. Hyde too if he had too, he's yet to see or meet her. Presuming he was a co-worker of hers sent to defend him, Minter remained quiet throughout the hearing, never saying a word on the record, just listening and trying to inderstand what was going on and who was who.
Before Minter could even think, the man informed the court that they had yet to receive the complete Discovery and so in turn the man asked the court for more time for Ms. Hyde to "Review and properly prepare the case." The court agreed to the request, instructing the DA to provide the defense with a complete copy as soon as was possible, and then it was mentioned that it was a "Plea Hearing" set to be addressed at the time before the court.
Witnesses in the courtroom report that the District Attorney then stated to the judge that they didn't "Want the defendent to enter in a plea at this time", an odd statement to come from a prosecutor one would think, and puzzling the courtroom the DA explained the reason as being "Because he is only charged with a misdemeanor right now, we have a secret indictment that will raise it higher and add more time to a conviction." Red lights and sirens went off in the minds of observers, as did the thought of "Double Jepardy" and the possibility of "Color of law" and" fruit of a posionous tree emerging." No objection or further information was given, and the man allegedely representing Mr. Minter on behalf of his absent court appointed attorney took no time even after court to try and explain or provide any insight, only the quick handing of Ms. Hydes card was given as he rushed away, leaving Minter and his family members in a whirlwind of fear and confusion.
Again Minter reached out attempting to reach his attorney by phone but to no avail, again told to "Leave a message because she's not in her office." He did, but as anxiety grew he elected again to attempt contact via email. He asked his attorney to please "Clarify" the talk of an indictment and specifically whether or not it pertained to he or to his co-defendent Corey Busby. He also asked if this "Raising" meant a felony conviction and or prison, but no answers returned, only the instruction for him to "Call my office to make an appointment to meet with me." Additionally Mr. Minter instructed his attorney to "File Assault Charges" against the state's proclaimed victim Dennis Campbell beings that truthfully it was Campbell who was drunk and persistent enough to precipitate all the negative events that would progress through the day in question.
Minter noted to his counsel that there were multiple eye-witnesses who are willing to testify to the facts encompassing the incident including that it was Campbell who in fact hit him. Witnesses tried informing police after the incident that Campbell in fact was aiming his fist for the female leader of the church Ms. Joy Graves and that if Minter hadn't jumped in the way, it would have been Graves punched in the face opposed to Minter being hit in the eye and jaw with his closed fist.
It's unknown as to whether or not Ms. Hyde was aware that he had already tried a small handful of times to reach her by phone as well as to try and schedule an appointment with her, but because of his families and upset, Minter did was he was asked to do - and the answer he received blew everyone's mind beyond measure.
"We cannot make an appointment for you to see Ms. Hyde because she is Not Your attorney" said the voice of the receptionist on the other end of the line, "So I am gonna go ahead and schedule you to see Shannon Douglass." Minter was dumbfounded, he didn't have any Clue who this Shannon Douglass person was, he just wanted to meet with his court appointed attorney and get to the bottom of what the hell was going on and how serious the consequences he was about to face could prove to ultimately be. Minter and his clergy along with various family members and close friends desperately tried seeking out any sort of public information they could find on this Douglass woman, but to everyone's surprise Nothing could be found, a scary thing to find with God knows What all being put on the line of jeapordy! Finally with a bit more intense digging, his spiritual leader found her, and this is All she reports she could find on Ms. Douglass from all the computers access to internet land:
Shannon Douglass, BAR #083060, graduated Lewis and Clark Law School in 2008. Ms. Douglass says she became an attorney "Because she she was committed to criminal defense work." Douglass spent about two years assisting other attorneys in the Portland area with trial preparation in murder cases. She then joined the Arneson Group in the fall of 2010. The Arneson Group in Roseburg, Oregon, capitol city in the south valley for Douglas County business, and too, home of the counties main courthouse. As minimal and in turn harmless as this information might appear, church leaders immediately got strong revelation that something wasn't seemingly right, and every inch of their being "Screamed Retaliatory". Spiritual leader Joy Graves quickly was disturbed at the fact that this sudden switch "Without the courts knowledge" from a California and Oregon accredited attorney to a Douglas County Oregon attorney was an act of sabatage as far as her church member was concerned.
"Our church has a long colorful history of being victimized by Douglas County officials proclaiming they are servers of justice," and went so far as to state "There's probabily about a tree and a half worth of paper complaints on file throughout the state, not counting the online complaints lodged from the DOJ and Governor's office to the FBI!"
Graves along with the masses of Oklevueha Native American Church feel confident that Graves is right and that this is another intentional attack against the church by the state in effort of crippling if not completely destroying their ability to properly beneficially function as the bona-fide Native American Church that they are.
According to: http://pdmarion.org/NewSite/?page_id=25 though they don't list Shannon Douglass being employed with their company "Public Defenders of Marion County Inc., further fueling the fires of concern growing abound Mr. Minter's associations, but more shockingly interesting to ONAC KM spiritual leaders, is that from among the companies "Team" page, one attorney's name did happen to jump out with familiarity aside from Ms. Hyde's, and that would be none other than Ms. Emily Apel. You see, Ms. Apel worked as an attorney at the Umpqua Valley Public Defender, which for those of you unfamiliar with the where abouts that is within the state, it's Douglas County Oregon, literally the home of the heart of attacks being suffered upon on ONAC Kautantowit's Mecautea... the county of their "South Valley Sanctuary" grounds.
Another concerning yet interesting point found on the companies website is that Public Defender of Marion County Inc. note that Ms. Apel joined the Public Defender of Marion County "Team" in 2016, for two distinct reasons... first being that after successfully railroading ONAC KM President Timothy Timm in the Douglas County Circuit Courthouse in Roseburg over a tin-can theft she Knew he didn't do and mention of a lawsuit, apparently she decided to relocate up to the capitol city, and second, Ms. Apel being listed and noted as just so recently having Joined the company "Team" this very year, that, not a mention, notation or even a picture of Shannon Douglass is Anywhere to be found on this page Or their website declaring her a member of this company Anywhere. An oversight perhaps, but ultimately it creates room for justifiable un-eaze more than anything else in the minds of concerned persons.
Mr. Minter emailed his court appointed attorney Ms. Hyde on the 16th of August informing her that he was being prevented from scheduling an appointment with her as she had instructed him to do. He also reminded her that the two were scheduled to re-appear in court August 19th, which is but a few short days away. Minter began rapidly questioning the status and current disposition of his case, stating he still hadn't received a complete copy of the Discovery and too pointing out coarses of direction he wanted his case to begin progressing, ranging from obtaining police reports and audio/video/photography evidence still lacking in his Discovery to the obtaining of hospital records of the victim both from as well as from prior to the date if the incident in question. Minter also called for an investigation into the victims past in search of "Character painting witnesses". Minter pointed his counsel into the direction of the victims previous employer and co-workers in Kentucky all the way to the victims ex wife and estranged children who all claim to want nothing to do with the state's "Victim" because of his substance abuse and explosive unpredictable yet aggressive behavior patterns.
Minter also noted to Hyde that he had been scheduled to see Ms. Douglass at their company office a few hours from the email, stating that though he was highly unsettled about having to meet with someone other than her so close to court, still being so confused as to the disposition of his case, but initially stated that he would keep the appointment out of respect for her as well as sincerity to securing justice in his case, but after contimplating it as well as discussing it with fellow church members and his elder counsel, he then replied to the email that he wouldn' t be attending the appointment afterall and asked that she inform the office of his decision, stating that he believed that one of Ms. Douglass's appointed clients would much more be appreciative of having her attention to their case, that he elected to wait and talk directly to Hyde beings she is officially his court appointed counsel according to the court and judge, and that it was what he personally was instructed by the judge and court to do ,talk directly to her and to "Address any questions regarding your case to your court appointed counsel directly."
The response that came back via email from Ms. Hyde is the statement that she was "Forwarding" his email to her over to Shannon Douglass, because apparently their companies Office decided that Ms. Douglass "Is your attorney now." Minter, seeing this reply and now frantic immediately called the court clerk who then reassured him that as far as the courts were concerned Julia Hyde is and remains his court appointed counsel alone, no one else. "So now what is he supposed to do, he has some serious and valid questions needing answered Before he walks into court and is broadsided with more unfounded victimization than he already has and this Company believes that they have the right to over-rule the judges decision and instruction as to who his counsel will be, it's not right and something all the way around isn't right with the entirety of this case they're pinning against him."
Church leaders say the whole thing "Reaks of retaliation based on hate and personal prejudice" and vow that it will not go unacknowledged nor unaddressed by and within the state's criminal justice system. As far as they are concerned it is the judges decision alone as to who a court-appointed attorney is assigned to and they feel that a company in which an attorney works for has no authority to try and over-rule the judges choice or decision. They also express that they "Trust no one associated with Douglas County Oregon's judicial system" to be involved much-less be entrusted to defend any member of the church. Spiritual leaders state that the churches legal counsel team have been notified as to the situation as well as instructed to file a complaint against the company for hindering his right to access his counsel as well as for breeching their contract with the court in turn making Michael Minter a "Third Party Victim".
Additionally church leaders confirm that in addition to already preparing an injunction against the state and all it's municipalities, that they are seekinga Restraining Order against them, "The state of Oregon as a whole and specifically too - Douglas County Oregon." They also state that complaints are being lodged with various state agencies ranging from the Department of Justice, Secretary of State, the Governor Kate Brown, the Office of Public Defenders and other applicable agencies designed to stop such injustices from befalling residents declared criminals, especially "Those like Michael Minter and Oklevueha Native American Church who are realistically victims."
