| DATE | DETAIL | ||||||
| 06/29/2010 | Still no word from Villarreal re: the date of the extension of the deadline for the petition. | ||||||
| 06/28/2010 | Received Danny's letter detailing events surrounding the theft of his T-Mobile phone arrived today | ||||||
| 06/27/2010 | Villarreal responded to my email stating that he filed for an extension with no objection from Kate Pierce, however he didn't know the new deadline (hard to believe he's decided to not specify a date in his motions for extensions now) I filed my request with no objection from Pierce. I will know the new deadline soon. Wirth stopped her dog ads for a bit, and just started up again using Danny's old T-Mobile once again… Only two dogs as well… | ||||||
| 06/25/2010 | BERTHA COMES THRU FOR REAL THIS TIME
In the morning – early – so that he receives it before 9:00am meeting with Danny
Finally, I must point out one of the gigantic white elephants before us, without which this talk about Porter's call is incomplete: You have never heard the Porter 911 call. How can you summarily reject such direct evidence? Rather than listen, you choose to argue. "Danny accepted full responsibility for his acts; therefore I have no use for listening to Porter's call." Porter's call lasts about 10 minutes. I would think that 33 years of legal practice would instill the wisdom to know the importance of listening for 10 minutes to such a recording... Any logic that suggests otherwise is foolish and guided by fear based in interests conflicting with Danny's and contrary to the true practice of law. Only fear could prevent you from listening... I understand. Where to go from here? I think the honest thing for you to do at this point is admit that you have a conflict of interest to the judge and tell her that you can no longer represent Danny. Express clearly that Danny is not at fault. The fault is solely yours. Ask the court to appoint Danny another lawyer immediately. What do you think? Discuss this with Danny. This is the honorable thing for you to do at this point and avoids unnecessary demonstration to the court of details of the conflict. I have a strong feeling that you'll be quite happy doing the right thing Now, Mr. Villarreal. Part of doing the right thing is for you to discuss this with Danny. Once again, please print (2) copies - one for yourself and one for Danny - so that we can have a meeting of the minds the way it should be. A copy of this is being sent to everyone concerned. J.E.Petrik Attorney-in-fact for Danny Hicks Due Process is defined as including notice and meaningful opportunity to be heard. | ||||||
| 06/25/2010 | Danny call recorded describing the meeting with Villarreal He said they met about 9:10 and ended about 10:45. He had received your letter and COIII did have someone give Dan your letter that was emailed when they came to get him for his attorney legal meeting with Villarreal. Dan said he did not have a chance to read it before the meeting but remembered most of it. Dan said 'THANKS - your letter and info. was EXCELLENT. As we thought, he wanted Dan to sign an incomplete and blank affidavit (wanted him to sign a blank last page so he would have it to submit to court on Monday). Dan told him there is no way he would sign a blank paper or anything before he has a chance to thoroughly review it and to discuss it with you and his family. Dan told him he did not give him enough time to review it nor has he ever answered his questions. He said he'll see if he can get a week extension; Dan told him that it not enough time and furthermore, even if he did agree with it, he would not be able to get it mailed in a timely manner. Villarreal told him to email it to him. Dan reminded again that he does not have access to a computer or email and that he cannot even call him. He said I've told you that many times. Villarreal told Dan he was not going to include all the things you wanted him to, that he's been an attorney for over 33 yrs. Dan asked him why he would not include the 911 tape and other pertinent info. since he knows that nothing can be included later. Dan asked him if he was obligated to Pinal County, Mary Wisdom and if he was afraid of them. He also asked of that was his bread and butter. He did not answer this nor did he answer many other questions, such as when Dan asked him again "have you reviewed my complete file" - no answer again. At one point, he asked Dan is he wanted to fire him. Dan, said no, I do not want to fire you but basically if you can't represent me adequately and without bias, you need to tell the court so they can appoint someone else who will. He also again told Dan that his chance of wining a Rule 32 was nil to ?10%. I think when you listen to the tape, you'll be pleased because I think Dan did a good job. | ||||||
| 06/24/2010 | VILLARREAL FINALLY DELIVERS HIS FIRST DRAFT OF THE PETITION LACKING in every respect, as expected;
| ||||||
| 06/23/2010 | TOOK CARE OF THAT LIL SCAM THAT HAD BEEN PLAYED BY VILLARREAL/WISDOM AND THE DEPUTY COUNTY CLERK, SANDRA CORDOVA, WHO'S NOW NO LONGER WITH PINAL COUNTY JUDICIAL Correcting minute entry IT IS HEREBY ORDERED correcting the Minute Entry dated April 12, 2010 in the above entitled cause, to include the following: "The Court advises counsel there is still an outstanding restitution issue. Counsel for defendant advises the Court that the county attorney has advised him they have not received any restitution information and that restitution would be set at zero. Counsel for state advises the Court he has no notes from the assigned counsel, but is willing to accept the avowal of counsel as to the restitution amount. IT IS HEREBY ORDERED restitution shall be set at zero." Mailed/distributed copy: 06/23/2010 MICHAEL VILLARREAL Office Distribution: VICTIMS ASSISTANCE COUNTY ATTORNEY DIV/6 | ||||||
| 06/22/2010 | I will be visiting Mr. Hicks this Thursday. I will send you a draft of the affidavit today or early tomorrow. We can discuss it on Wednesday afternoon or evening so that I can consider your changes or additions and include your input. The petition will include the law that I already sent you. I might add a little but not much. The legal theory is what is important. I will add my legal theory/argument. If you have input on what I should say in the legal argument please send it to me by Friday.I will also discuss with Mr. Hicks the exact wording of my legal argument. - Mike Villarreal This is yet ANOTHER LOAD OF BS… The legal theory Mike's pulled up amounts to a copy/paste from his last petition | ||||||
| 06/21/2010 | BERTHA RESPONDS TO MY RECORDS REQUEST In a nutshell, says CAD CALLS cost $5.00 – Over-nighted money orders to her TODAY. Emailed her. She said she'd put in the request for Porter's employment records immediately. CAD CALL 081214130 is on its way. Wirth's calls are both answered by a male dispatcher at first - (520) 866-5111 and then passed off to a female dispatcher. (Brian Benenhaley) Porter's call is taken by Greg Humbert Response: Vehicle Tow Sheet shows 1-Motorola Cell Phone left in vehicle. Response: Cad calls are $5.00, please send in form of money order for copy. Response: CAD Call ID #C505000 is the number generated first before the police report number, it's the same as cad report #081214130. Pulling #C505000 will return back to #081214130 only. Response: I don't have access to any Fire/EMS modules. Greg Humpert and Brian Benenhaley #520.866.5111. Response: Miscellaneous record #4376 is a secretary/clerk form of keeping notes regarding the case. In this instance a secretary left herself notes on 12-15-08 @ 1155 hrs. regarding paperwork she still needed from the Deputy. Response: Mr. Porter's records are of public record. Fees apply $7.50 for the first 25 pages, .50 cents each page after. Advise if still interested, I'll order these records from the appropriate department and until I receive the documents I'll know the exact monies owed. Secretary Teresa Navarrette #1524 – responsible fornote "missing witness statements" Entered at 11:55am on 12/15/08. Emailed Court Reporter Kelly Hartwig, court reporter for hearings on 4/12/2010, 9/14/2010 and 10/19/2010. The Minute Entry Action for 4/12/2010 mentions NOTHING about restitution. No mention that Villarreal was NOT the court-ordered attorney of record for the matter of restitution. Mary Wisdom was! So Mary and Mike have someone in the clerk's office in their pocket: WHO EVER WRITES UP THE MINUTE ENTRY ACTIONS. Called and emailed Kelly after speaking with MATT – Clerk of the Court from back in December – who informed me that I could pay for the transcripts myself – contact court reporter. Danny FINALLY received Jan's legal mail with a note stating it was not legal mail Ed provided Gaertner logs today | ||||||
| 06/20/2010 | STARTING LATE NIGHT WORK ON LETTER TO ATTORNEYS In California, "heat of passion" may be argued to reduce a charge of murder down to voluntary manslaughter. However, there is no "defense" of "heat of passion" to other charges. The circumstances of the crime may help to mitigate the punishment, if the provocation was severe enough, but it is not a complete defense to a crime to claim "heat of passion." [See California Rules of Court 4.423(a)(3) - factor in mitigation to be considered: whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur.] Tony Serra Makes The Case JUDI BARI – EARTH FIRST | ||||||
| 06/19/2010 | Public Record Requests 101: The 7 steps to obtaining public records (according to AZ Ombudsman) Step 1: First you need to determine what records you want to inspect. Remember, you are requesting specific documents rather than general information. It is helpful to make your request as specific as possible. Step 2: Next you must determine who maintains custody of the records you want to inspect. Requests to inspect public records should be directed to the public "officer" who maintains custody of the records. It is wise to first check the agency's web site and look for a request form or contact the public body directly. For help locating the custodian for specific types of records go to http://www.lib.az.us/records/access.cfm. Step 3: Do your research. Collect as much information as you can from search engines and web sites. Our website might be helpful. Go to www.azoca.gov and click on public records and then links. If you do not have access to a computer or the Internet, look in the front of the phone book for government listings. Step 4: Once you have determined what records you want to inspect and where they are located, you must request the public records. The Arizona Public Records Law no longer requires the submission of a written request for "non-commercial" matters. If an oral request is denied, however, you should submit a written request for access to the documents to the head of the public body involved. The request should be drafted narrowly, identifying the documents to be inspected with as much precision as possible. Step 5: Wait for a response. The custodian of the public record is obligated to promptly furnish the requested records. What constitutes prompt will depend on what is reasonable under the circumstances. Some requests will require greater time for the custodian of the records to review and determine whether certain information should be deleted from the records. If the turnaround time is not set forth on the public records request form, ask how long it is anticipated to take. Regardless, call after a week to verify that they did in fact receive and process your request. Step 6: Should your request be denied, you may appeal the denial through a special action in the superior court. But first, you might consider contacting the Arizona Ombudsman – Citizens' Aide for assistance. The Ombudsman is statutorily authorized to investigate complaints relating to public access laws, request testimony or evidence, issue subpoenas, conduct hearings, make recommendations, and report misconduct. Step 7: Last resort. You decide to take it to court and lose. If that's the case, the denial of access through a special action may be pursued in the Court of Appeals or Arizona Supreme Court in the appropriate circumstances. | ||||||
| 06/18/2010 | Shahid Buttar came and showed me some light – BORDC – Bill of Rights Defense Committee, www.bordc.org | ||||||
| 06/15/2010 | Danny has NO legal access, no legal reference books, NONE of his case file… He has nothing with which to defend himself. Directly from the publisher, Barnes & Noble, brand new… PRISON DID NOT DELIVER THE FOLLOWING BOOKS CLAIMING THEM TO BE CONTRABAND: Comprehensive Criminal Procedure, 2009 Case Supplement by Ronald Jay Allen Product Details Pub. Date: August 2009 Publisher: Wolters Kluwer Law & Business Format: Textbook Paperback, 416pp Sales Rank: 182,891 ISBN-13: 9780735579941 ISBN: 0735579946 Edition Description: New Edition Synopsis To ensure that you have the most up-to-date and complete materials for your Criminal Procedure class, be sure to use Comprehensive Criminal Procedure, 2009 Case Supplement. Case coverage includes: • Arizona v. Gant • Arizona v. Johnson • District Attorney's Office for the Third Judicial District v. Osborne • Herring v. United States • Kansas v. Ventris • Knowles v. Mirzayance • Melendez-Diaz v. Massachusetts • Montejo v. Louisiana • Oregon v. Ice • Rivera v. Illinois • Vermont v. Brillon Principles of Criminal Procedure: Post-Investigation by Lafave Product Details Pub. Date: July 2009 Publisher: Thomson West Format: Textbook Paperback, 853pp Sales Rank: 237,422 Series: Criminal Procedure ISBN-13: 9780314199348 ISBN: 0314199349 Edition Number: 2 Edition Description: New Edition Synopsis This book, for use in connection with a course focused upon the formal part of the criminal process, covers counsel, bail, the charging decision, preliminary hearing and grand jury review, the prosecution's location and scope, speedy trial, pleading and discovery, guilty pleas, jury trial, pretrial publicity, the trial, double jeopardy, sentencing, appeal and collateral attack. | ||||||
| 06/14/2010 | Updated stories of Doug and Ralph, Doug M. etc… Seek a lawyer for letter writing purposes Get Property Inventory Sheet of 209 up THERE I'm hopeful that I get a break on one of the following focal points Monday or Tuesday: - Wells Fargo ATM card fraud (Roland) - Deputy C. Todd 209 burglary / T-mobile phone records - Equifax S. Kings Ranch Rd. credit fraud - Bertha answers my questions - get a break on "flopping" of 5701 (Wirth's family makes a move to buy it) - Gary McHone gives up the disposition of Danny's dogs - Info on what happened with Porter and his job at PCSO - Sound files EQUIFAX Confirmation #s: 0162009898 0159047197 0159047194 0159011309 0155004318 | ||||||
| 06/10/2010 | 6832 S KINGS RANCH RD APT 2-9S APACHE JUNCTION, AZ 85118-2929 Goin' Postal Gold Canyon 6832 South Kings Ranch Rd. STE 2 Gold Canyon AZ 85218 Phone 480-983-9200 Fax: 480-983-9201 Hours: 8:00 AM - 5:00 PM Mon-Fri 9:00 AM - 2:00 PM Saturday Email: goldcanyon@goinpostal.com Owners Amy and Tim Pettigrew: Amy and Tim along with daughter Tiffany, the proud owner's of Goin' Postal Gold Canyon, would like to extend a warm welcome to all. We invite everyone to stop by our store located in beautiful Gold Canyon, Arizona at 6832 S. Kings Ranch Rd. #2, just north of State Hwy. #60, across from the Walgreen's Drug Store. We offer a one-stop solution to many of life's daily challenges. Whether you are in need of shipping and receiving services, office solutions & supplies, or a top-rated eBay Trading Assistant; we are well suited to provide all of these services promptly and efficiently all with a warm & friendly smile. tcwirth@hughes.net 2101 County Road 147 Georgetown, TX 78633 This is the property Wirth originally wanted, and the reason why she sought out a victim on match.com. Apparently, the laws in this county state that the buyer must have a certain % of income generated in Texas for a period before acquiring a mortgage loan. | ||||||
| 06/09/2010 | PCSO#: 100609110, Deputy Christopher Todd Burglary of 209 E Donna Drive, Queen Valley, AZ PURPOSE I've run into some barriers with Wells Fargo Bank and T-Mobile as far as obtaining records that can be used to prove that Danny Hicks is being ripped off while he sits in jail. Both businesses have suggested that a police report would be a good start, allowing: 1) T-mobile to honor a subpoena for Mr. Hicks's phone records on 12/14/2008. 2) An IMEI number comparison between Mr. Hicks's stolen handset and the IMEI's in use under Theresa Wirth's T-mobile plan today. We know that Dan's phone number is being reused by Wirth now; it is my theory that she's also using the handset she stole from his home. Other evidence related to the 12/14/2008 incident suggests Wirth stole the phone as well. 3) the extrapolation that the computer was also stolen by the same thief 4) an investigating officer to formerly request whatever data Wells Fargo has at the local branch at 6607 S. Kings Ranch Rd. (hopefully ATM images) and to request the full history and records behind the fraudulent ATM Check card acquisitions and use I have an attorney ready to submit the subpoena for the phone records. I've been in contact with Trevor and Jennifer at the local Wells Fargo branch at 6607 S. Kings Ranch Road just down the road from you Gold Canyon substation. And I've spoken to corporate Wells Fargo several times to be sure that only proper law enforcement inquiry or a warrant will prove useful in obtaining the records required. Victim Representative John E. Petrik attorney-in-fact for Danny Hicks. Power of Attorney, Pinal County Official Records Fee number: 2009-133404. dehcks@gmail.com 1-415-271-5971 Victim Danny E. Hicks, Inmate 244610 DOB: 1/14/1948 SSN: 293-40-7119 cell: 1-480-326-3224 209 E Donna Drive, Queen Valley, AZ 85118-9754. Incident: Burglary occurred: 12/31/2008 - 10/4/2009 Neighbors believe suspects have trespassed more than once. They believe that suspects may have lost the key that they stole from the property on their initial visit because they appeared to have trouble getting into the property on subsequent visits (i.e. 10/1/2009).One of the suspects, Theresa Wirth, a former girlfriend of Mr. Hicks, was the only person besides Mr. Hicks to know the secret hiding spot of the extra key on the property. That key is missing. Stolen property: 1 x HP desktop computer and monitor 1 x T-mobile Motorola cell phone (T-mobile: 480-326-3224) Paperwork and mail along with financial information Timeline: 12/14/2008 - A description of the T-Mobile phone and identifying data can be found on the personal property inventory booking sheet associated with PCSO Incident #: 081214129. 12/24/2008 - Mr. Hicks is released and his phone is returned to him, however his phone service had been deactivated while he was in jail by Theresa Wirth who had access to his service through a family plan account. He never re-activated the T-mobile service, instead he activated an alternate handset with Alltel. 12/31/2008 - Hicks left the T-mobile handset in his kitchen at 209 E Donna Drive; he was arraigned on a supervening indictment and has been incarcerated ever since. 10/01/2009 - Mr. Hicks's neighbors report witnessing and confronting Wirth and her mother as they tried to break in to 209 E. Donna Drive (see story below) 10/04/2009 - Doug Muell, a friend of Danny's, picks up a key from Danny's real estate agent and enters the house; states that he cannot find the phone, picks up some of Dan's belongings; doesn't mention seeing a computer 04/10/2010 - John Petrik enters house (using real estate agent's key) and confirms that the phone and computer are missing 04/14/2010 - John Petrik changed the locks at 209 E Donna Drive 06/03/2010 - John Petrik gains access to Hicks's old email account and finds emails from Wells Fargo indicating that a ATM Check card was mailed to an address and subsequently used since Hicks has been incarcerated (this is the second card used fraudulently) Best guess alleged charges: 13-1507. Burglary in the second degree 13-1802. Theft; classification; definitions 13-2102. Theft of a credit card or obtaining a credit card by fraudulent means; classification 13-2103. Receipt of anything of value obtained by fraudulent use of a credit card; classification 13-2310. Fraudulent schemes and artifices; classification; definition Suspects: Theresa Carole Wirth DOB: 2/15/1955 SSN: 304-50-6427 cell: 1-480-208-2979 3351 S Silly Mountain Rd Apache Junction, AZ 85119 Other last names: Kuykendall, Coffey, Kowalk, Wendling, Lanpher Lives on a property with kennels used to sell puppies. Juanita "Nita" Morley DOB: 12/4/1936 SSN: 304-36-6953 cell: 1-480-208-4486 5700 E El Camino Quinto, Apache Junction, AZ 85219-8808 Other last names: Ray, Wendling, Lanpher Theresa Wirth's mother, lives with Fred Morley III Witnesses: (All witnesses would be more than happy to discuss further) Doug Kammer, west-side next-door neighbor, 520-463-1877 Cell: 602-723-3145 Ralph Pino, east-side next-door neighbor, 520-463-1896 Doug Muell, cell: 1-480-983-2545, 1-602-319-1399 Jan Petrik, 440-835-2025 10/1/2009 (Email from Jan Petrik to John Petrik) On Thursday, October 1, 2009, Doug K. called me to tell me that Theresa Wirth and her mother Juanita Morley were trying to get into Dan's house. Doug said when he questioned them what they were doing, Theresa Wirth stated that she had a box of Dan's stuff and wanted to know if she could drop it off for him to give it to Dan. When Doug stated that he would keep it for Dan, Theresa stated that they did not have it with them, that they'd have to come back. At that point, Doug told them to get off of his property. Ralph Pino, the other neighbor, also stated that they were trying to get into Dan's house. Dan had a key hidden above the window sill by the bedroom. That key was missing when we requested his friend Doug Muell to look in on the house. Theresa Wirth is the only other person who knew where that key was. 10/4/2009: Doug called me again & was able to get into Dan's house after getting key from realtor. He said there's NO paperwork on kitchen table or elsewhere like Dan said listing his possessions at the other house along with the receipts. So I am SURE Theresa has been in the house & got those things. He (Doug) said they definitely were NOT in briefcase or elsewhere. He even checked his file cabinet. I think Theresa just went to Doug K's door just to see if he was home so that she could get into the house or break-into the house. Evidently she didn't have a key with her because the Ralph said she tried to get in but he's pretty sure she didn't succeed. she obviously looking for something. | ||||||
| 06/08/2010 | POA to Equifax for creditor info related to S. King's Ranch Road, Gold Canyon, AZ fraudulent address Calling Sheriff to file report on 209 E Donna Drive address Dispute Confirmation Number: 0159047194 Your dispute verification process may take up to 30 days from the date you submitted your dispute. However, your dispute may take up to 45 days if you are disputing items from your FACT Act free credit file. | ||||||
| 06/07/2010 | Emailed with Ortiz re: antenna, talked to CAD about Bernadette noise BS Emailed with Wells Fargo about 8101 ATM card fraud | ||||||
| 06/03/2010 | Emailed Jennifer White who put me in touch with Trevor Hi Jennifer, I hope this finds you well and enjoying the moment. I cannot find the date you said that Thatcher Jones came in to see you regarding the POA. Would you be kind enough to look it up for me once more? Also, do you remember if the reason he was coming in on that date was to get a new ATM Check card? I just got access to Danny's email account a couple of days ago. Apparently the check card that Danny originally gave to Thatcher expired sometime after 3/13 (I'll attach the email from Wells Fargo I found). A new card was automatically mailed to either 5701 E El Camino Quinto or 209 E Donna Dr. (I'm still trying to determine that - haven't had much luck since I saw you.) So my aim here: That new card was used twice at the 6607 S. King's Ranch Rd. ATM to withdraw $100 each time (see below). I believe Theresa Wirth to be the one who received, activated and used the new card that was mailed, and my aim is to prove it. Do you guys record video at your ATM machine or capture images that might have captured an image of the person who used the card on either of the following transactions.
Thanks for any help you can provide, Jennifer., and have a great day. John Petrik Hello all, John-I hope you are doing well! I apologize but I no longer have access to the systems that could provide the information you are looking for. I work in a different department now. I have include Cece Tweed (Branch Manager) and Trevor Vega (Personal Banker) since they are there at the Gold Canyon branch. The branch contact number is 480-677-6470. I hope you get the information you are looking for! -Jen | ||||||
| 06/02/2010 | FORECLOSURE COMPLETED – Now we watch to see if they go for the house Jp acquires access to netzero email account and sandman match.com account Discovers that Wells Fargo sent out a replacement ATM Card ending in 8101 | ||||||
| 05/20/2010 | Wells Fargo NOW claims the investigation is closed because it's been more than 120 days since the incident… Bad move, Wells. | ||||||
| 05/10/2010 | AllianceIT new home 6931 HWY 73 in Evergreen, CO - 303.532.1100 | ||||||
| 05/07/2010 | Villarreal says he going to file for another extension – says he's been sick, sets up meeting with Danny for 5/11/2010; says he may write Petition during the meeting; Jp emails COIII Munoz to verify email communication | ||||||
| 05/06/2010 | Foreclosure has been delayed to 5/20/2010 - Villarreal calls COIII Munoz, to set up call with Danny on 5/7/2010 - Called R. Tucker at 3:00pm sharp – WIRTH DID ADMIT TAKING GATES - ADAM 7 is the area | ||||||
| 05/05/2010 | Corporal Joel Bonucci calls; Takes Pics and files Incident #: 100505137 | ||||||
| 04/28/2010 | It's been a while, and we have moved locations, we are now in Evergreen, CO. Afghan Kush clones are ready to go and looking great. 8:04 AM Apr 28th via web | ||||||
| 04/26/2010 | FOIA RESPONSE #2 – RESPONSE TO SECOND REQUEST, NO RECORDS | ||||||
| 04/20/2010 | FAXED INSURANCE CLAIM TO STATE FARM, NANCY J. DAVIS – says need police report | ||||||
| 04/19/2010 | FOIA RESPONSE FROM BOBBY WHITE re: KAYSIE and MAJOR – NO RECORDS | ||||||
| 04/15/2010 | Wells Fargo completes their investigation | ||||||
| 04/14/2010 | Changed lock at 209 E Donna Drive Spoke to Wells Fargo Fraud Department re: ATM/Check fraud Meeting with Jennifer White to ask about date Thatcher Jones came into see her and to inquire about having a letter drafted stating that the POA was turned down Meeting with Corporal Joel Bonucci #877 ~5:30pm, I had put it this request to meet him almost every day over the past week with Bertha and Monica, I even tried to catch him at the substation at the beginning of his shift, but found no one at the station. Bonucci starts off by playing a bit of a game and asking, "Now, which case is this? You'll have to refresh my memory, because I don't recall the case…" Bonucci does seem genuine when he acts surprised after I tell him Danny's still in jail Bonucci passes along Detective Andrew Goode's number after calling him in front of me; (Goode calls once; I return his call three times, but get no return call; he did have access to the web site for a brief time) Bonucci states the witness statements were in the computer system on 12/15/08; he confirms this by pointing to a screen and like Bertha says, "See, they were in the system on 12/15/08." I saw nothing showing a date of 12/15/2008 on the screen; I did not push it. Bonucci tries to sway me from pointing out the discrepancies between Wirth and Porter's accounts of what happens (4:31 – 6:19 audio) Bonucci shows me the screens of the transcripts of the recorded emergency dispatch room (something to be subpoenaed later, for sure) Bonucci pulls up the call start and end times on Porter's call and allows me to write it down: 21.42.54 - 21.49.43 (this would mean the call duration for Porter's call was 6 mins and 49 seconds) Bonucci states that he would print the screens out for me if they had a printer at the sub-station; He has difficulty remembering his password because they make them change it every 90 days; I mention Yubico and he states, "It wouldn't work because they have a central mainframe system." | ||||||
| 04/12/2010 | RESTITUTION HEARING, NOTE: MINUTE ENTRY ACTION HAS BEEN CONTRIVED TO ONLY STATE THAT THIS HEARING IS REGARDING A MOTION TO EXTEND TIME Restitution set to $0 NO VICTIMS PRESENT NO KATE PIERCE PRESENT NO MARY WISDOM PRESENT Jp is present THIS IS THE FIRST TIME VILLARREAL MEETS DANNY FACE-TO-FACE ORDER GRANTING ANOTHER 30 DAYS - RULE32 DEADLINE NOW MAY 12th Deputy Clerk: CECILIA CORDOVA Court Reporter: KELLY HARJWIG 1:51 pm Hearing starts 2:01 pm Hearing ends Jp caught with his hat on and chewing gum in the court room Danny sees Jp for a brief minute as he comes in to the court room and Jp has the chance to motion to him NOT to fire Villarreal just yet. Jp never heard back from Villarreal, so he had not given him the pass phrase to tell Danny in order to stop him from firing him. | ||||||
| 04/11/2010 | 4:54pm, email delivery Reports confirmed, Hand delivery to Villarreal, do NOT file anything w/o review - Jp visits Danny for 3rd time; Jp sets up code words with Danny to fire Villarreal and leaves several messages for MV - Initiates Wells Fargo Claim 10411100525 online for ATM/CHECK Card fraud | ||||||
| 04/10/2010 | Talked to Bertha Duarte: PCSO incident reports are not physically "handed over" to the county attorney's office, but rather, the county attorney's office is granted access to a partition of the PCSO network where incident reports can be accessed once they are complete. Bertha had noted in December of 2008 that the county attorney's office has a STRICT policy NOT to accept incomplete PCSO incident reports. A time-stamping protocol has been implemented to log when each portion of the incident report is committed to the system, including the officer responsible for the submission. The fact is that the witnesses statements were partitioned and available to the county attorney's office on December 16th, 2008 but the statements were NOT disclosed on 12/31/2008 along with the rest of the PCSO Incident Report, 27 of 27 pages. Discovered that while he's been in prison, Danny's cell phone and computer have been stolen from 209 E Donna Drive by Wirth who knew where the spare key was kept. Bertha N. Duarte #791 Pinal County Sheriff's Office Records Division 971 Jason Lopez Circle, Bldg. C POB 867 Florence, AZ 85232 520-866-5123 Fax 866-5169 Bertha.Duarte@pinalcountyaz.gov | ||||||
| 04/09/2010 | Jp catches Mike Villarreal on his way out of the office in shorts; he hadn't returned a call in ages to either me or Danny Schooled me on the differences between "shall" and "must" FIRST time I had a chance to even bring up the Porter call Jp visits Danny for the first time – his first visitor since he's been in | ||||||
| 04/07/2010 | Apr 7, 2010 9:20:23 PM, Length: 0:21 Recording by Jp just AFTER speaking to Cecil Fendley Jp meets with Mark and briefly meets Tom Kelly First learned of Wirth's intention to re-acquire the house (address numbers taken down) Fendley, Fire Dept. Chief: H) 520-463-2597 W) 520-463-2780 (Queen Valley Water)-usually have to lv msg Ralph Pino, neighbor: 520-463-1896 Doug Kammer, neighbor: 520-463-1877 Cell: 602-723-3145 Tom _El Camino neighbor: First Class Auto Glass I called Cecil and he was very nice & sympathetic toward Dan's case (I refreshed his memory abit). Stated again that Judge Vanderpool is very tough & biased, esp. against men. His wife answered the phone. He said he'd be happy to talk to you. | ||||||
| 04/06/2010 | Jp flies to Arizona, spends day in Maricopa Court records dept, Certified Ex Parte letter from 10/26/1995, Hatcher divorce, Jeff Lanpher letter to judge about social security fraud, using William Lanpher identity, and request for new birth certificates for 3 of 4 kids | ||||||
| 04/05/2010 | Kelly McHone Wirth someone peering thru my windows. the joy of selling a house. April 5 at 10:46am via HTC SenseBottom of Form | ||||||
| 04/02/2010 | MOTION: TRANSPORT, ORDER: TRANSPORT | ||||||
| 04/01/2010 | VILLARREAL emails voicemail evidence that alleges premeditation After over a year of incessant effort to acquire a copy of the voicemail, careful listening to the voicemail reveals: "Get him out of our house. That's all I've got to say. Get him out of our house." Danny later recalls leaving this message AFTER the incident as he drove toward Queen Valley. This can easily be corroborated via cell phone records that are in the control of Theresa Wirth, who had given the number to her brother Jeff Lanpher to use immediately following the incident and ODDLY ENOUGH, USED THE NUMBER IN HER DOG ADS around this time for just a couple of weeks… 480-326-3224 | ||||||
| 03/31/2010 | From: "Monica Rodriquez" Date: Wed, 31 Mar 2010 15:24:20 Cc: Andrea Kipp Bertha Duarte Monica Rodriquez ShelleyMinter Subject: Clarification requested re: response from Andrea Kipp 03-31-10 @ 15:21 Hrs. Re: DR 081214129 and 081214130 Good Afternoon Mr. Petrik, Below is the answer to your question regarding duration of the 911 calls for the above mentioned cases. This response comes from our Dispatch supervisor; "For the DR 081214129 the caller was on the phone for 2 min 18 sec then she called back again and was on the phone for 9 min and 16 sec. For the DR 081214130 the caller did not call on 9-1-1 but on an admin line which does not log the phone numbers so I have no way of checking how long the call lasted. Lynda " Hope this is what you were needing. Thank You. Monica Rodriquez Records Division (520) 866-5146 (520) 866-5169 Fax | ||||||
| 03/29/2010 | Tom Kelly calls Jp and Nancy re: trucks showed up at 5701 - Witnessed tree being pulled, 480-983-1151 (m), 480-980-3195 (w) - Villarreal called at 8:00am per my email request re: house - Spoke to Jeff Leal of Animal Control, mailing report today - Monica in records emails that she's seeking 911 time data - Spoke to Nancy Davis who confirmed insurance on ATV trailer | ||||||
| 03/26/2010 | JP executes Special Power of Attorney (POA) at Wells Fargo Bank in SF; signs into Wells Fargo account for the first time based on special power of attorney document signed and notarized on 3/4/2010, deposits checks for Danny | ||||||
| 03/25/2010 | PCSO #100325032 (R. TUCKER) - THEFT, Wirth states receipts | ||||||
| 03/25/2010 | PCSO #100325043 (R. TUCKER) - HARASSMENT, FALSE CAD call | ||||||
| 03/24/2010 | ORDER: Extending Time | ||||||
| 03/22/2010 | Request activity card A10-015550, incident on 3/12 Email from Davis: Everything at the old place she left has been trashed I heard from someone in the area that the back yard is a horrific mess and they have made several trips this past weekend taking all they could from the house…not sure what that would be. I can't believe she is going for restitution and even harder to believe a judge would give it to her. Her history, she should be considered a whack job! | ||||||
| 03/20/2010 | Neighbor observes Wirth family removing lasts items from 5701 over several trips | ||||||
| 03/19/2010 | State Farm issues letter cancelling Wirth insurance policy | ||||||
| 03/18/2010 | MOTION: Extension of Time Talked to Nancy j Travis about danny's house insurance with state farm; hopefully the neighbors will soon be calling me. Called Pinal County animal control to get a status update on the house | ||||||
| 03/17/2010 | FOIA REQUEST for records related to dogs submitted | ||||||
| 03/15/2010 | CALL to WIRTH re: dogs for sale; states her name is Theresa Wendling Email from Davis: Animal control went out there not sure of the outcome but the mother across the street (her husband) I guess yelled at the neighbors some nice profanities thinking they were the ones who turned the dog in. We actually insure one of them and came in the office today, the neighborhood is sick of her and her mother and they say good riddance I guess the police and animal control have been there numerous times. Tonight on my way home I am going by the Silly mtn residence and I hope to have a phone call about the dogs soon. I am not sure if my son called or not, my apologies if he didn't I can't always count on him no matter how good his intentions. Please relay any of this to your son so I won't have to duplicate. They are still in the area from what it sounds, the neighbor states they was constant coming and going from the location and the whole family seems clannish they called them the Clampet's — probably just not as nice. | ||||||
| 03/14/2010 | Notice from Pinal County - Kaysie rabies vaccination due | ||||||
| 03/13/2010 | Reports from Mark and Tom Kelly of ambulance at 5701 | ||||||
| 03/12/2010 | Pinal Animal Control Activity#: A10-015550 - Abandoned dog; Email from Nancy: Sent: Friday, March 12, 2010 12:01 PM Please contact me today I have further information as I went by the house last night and I have things to tell you. | ||||||
| 03/11/2010 | Jan calls State Farm Insurance to inquire about two checks they issued to Danny that were deposited into his account while he's been in jail; speaks to Nancy J. Davis who knows Danny and spoke to him just before he was incarcerated; Nancy spoke with Wirth when she called in an effort to have the house insurance policy changed to her name; Nancy offers to drive by the house and check on it after she gets off work. Email from Davis: The policy for that Dan took out on the house was policy #03-BB-Y181-6, the info below is the mortgage info and you can see Dan is listed as additional insured. MORTGAGEE BAC HOME LOANS SERVICING LP ISAOA ATIMA PO BOX 961206 FORT WORTH TX 76161-0206 LOAN NO: 184493799 ADDITIONAL INSURED HICKS, DAN 1442 MENDELSSOHN DR WESTLAKE OH 44145-2345 ***On December 30, 2008 we sent a request in to change the name to Teresa and add Dan as additional insured, this was to protect Dan's interest and because Teresa was living in the house. We wrote this policy on May 21, 2008. I remember when Dan was in here he told us that between the time he purchased the house and before his incarceration he had quick claim the deed to show her name on the house also, are you aware of that? He said she kept telling him that if they were to be married she would feel better if she knew she was always going to have a place. Please pass along to Dan he has not been forgotten. | ||||||
| 03/04/2010 | Special POA assigned to John Petrik for Wells Fargo Bank accounts | ||||||
| 03/02/2010 | MISCELLANEOUS: Miscellaneous 10:31:00 AM for 5 hours (Wrote certified letters to villarreal n danny) | ||||||
| 03/01/2010 | Recontrust recorded document (BAC loan on 5701) | ||||||
| 02/26/2010 | RULE 32: Post Conviction Relief Extension of Time | ||||||
| 02/24/2010 | Arizona House Stripping Law, Article | ||||||
| 02/19/2010 | worked all night to get Danny the info he would need to speak to villarreal intelligently when he has his first phone call with him today at 12:30. Jan was treated quite rudely by the CO4 supervisor who accused her of lying about being an attorney when she told the CO4 that she was Danny's attorney-in-fact | ||||||
| 02/10/2010 | Postmark on mailing of sentencing transcript from Villarreal | ||||||
| 02/09/2010 | TRANSCRIPTS: TRANSCRIPT – Sentencing Hearing - filed | ||||||
| 02/01/2010 | Received foreclosure notice, 30-day notice to dispute debt | ||||||
| 01/26/2010 | MISCELLANEOUS: Miscellaneous | ||||||
| 01/20/2010 | Postmark on Plea Hearing transcript from Villarreal Date on letter from Villarreal to Danny (received by Danny 1/25/2010) | ||||||
| 01/19/2010 | TRANSCRIPTS: TRANSCRIPT – Change of plea Hearing - filed | ||||||
| 01/15/2010 | Aligning Porter's emergency dispatch call with Wirth's call to 911 together, both recordings capture virtually the ENTIRE ~4 min visit on 12/14/2008. And the truth can be clearly heard, but even more interesting is the story told by Wirth during the 2-minute period AFTER Danny leaves the scene; Wirth gives an account of the situation – purports to be witnessing Danny, in the driveway and in the carport, waiving a gun at Porter, telling him he is going to kill him as Porter tries to keep him calm until the Sheriff arrives… Wirth states she thinks that Porter won't leave because of his deep care for her, and makes as assessment of the situation from her vantage point: that Porter's attempts to calm Danny are failing… Wirth then tells the dispatcher that she thinks she hears gun shots. Seconds later, Porter enters the house and tells Wirth that Danny's gone, which can be heard in both recordings. Wirth's demeanor then suddenly changes dramatically... A few minutes go by before the four people on the phone realize that they have two calls happening simultaneously about the same incident. | ||||||
| 01/13/2010 | Called PCSO Records dept. at 3:45pm and spoke with a different person (I called 520-866-5142) Said she would leave a message with Bertha so that she would follow up first thing in the morning. She said she also received the email that Bertha sent on 1/8/2010 and the PCSO dept. has not responded. She said she intends to go to the next one up in the chain of command. Left phone number: 415-341-0097. | ||||||
| 01/12/2010 | MARY WISDOM Ltr: Denies she is still under order to represent Danny, NO QUESTIONS of MR. PETRIK Mr. Danny Hicks ADC #244610 4E14L ASPC/Lewis Benchey Unit P.O. Box 3200 Buckeye,AZ 85326 January 12, 2010 Re: Your correspondence dated December 26,2009 Dear Mr. Hicks: Your information is not correct. Your lawyer is Michael Villarreal. Your file, in it is entirety, has been given to him. I have no questions of Mr. Petrick. You should contact your lawyer, Michael Villarreal. Sincerely, Mary Wisdom Public Defender | ||||||
| 01/08/2010 | Called PCSO Records Department, SPOKE TO BERTHA via PHONE at 2:07pm - While on the phone Bertha typed in a request to evidence department re: why has she not been notified about audio yet. Says they notify her when evidence is ready and then she picks it up and does the whole chain-of-custody "thing". Said to call her back on Tuesday for update. | ||||||
| 12/30/2009 | EMAIL FROM VILLARREAL: From: mikevillarreal@cox.net Date: Wed, 30 Dec 2009 11:22:36 -0800 I tried to set up a conference call with Mr. Hicks but can't get a hold of the CO III. I will set it up next week when I feel better. I am taking the rest of this week off. As a sole practitioner I have to stay healthy so the New Years brake will do me good. | ||||||
| 12/29/2009 | First RULE32 deadline passes, EMAIL FROM VILLARREAL: On Tue, 29 Dec 2009 09:25:52 My telephone number is 520-868-4071. I called DOC today to set up a telephonic appointment with Mr. Hicks but CO III Norwood will not be in until tomorrow. I will call tomorrow to set up a telephonic call as soon as possible, hopefully on Thursday. I retrieved the file from Mary Wisdom's office and the two original post cards that you mentioned are in the file. I will send a copy of this file to Mr. Hicks as soon as possible. Have not heard from Gaertner but I previously requested a copy of his file and I will follow up and make sure that he sends it to me. | ||||||
| 12/28/2009 | ORDER: Extending Time, Order: Granting Request for Transcripts, Jp and Nikki show up and meet Villarreal at the court house, give him copies of some of the extortion docs, tell him to go get Mary Wisdom's case file AND original extortion docs – HEARD BY JUDGE PRO TEMPORE DELLA NEAL - communication effort table prepared in case that Villarreal is not cooperative at the hearing - New RULE32 DEADLINE is set to be March 1st - POA for Jan, Ed and John recorded in Pinal County Official Records | ||||||
| 12/26/2009 | flight to AZ PETRIK on behalf of Danny, CERTIFIED letter to Mary Wisdom inquiring about her representation of him on the restitution matter Jp and Nikki stay at Holiday Inn in Florence, AZ this evening | ||||||
| 12/24/2009 | In Cleveland Called Matt, clerk of court. Motion has been set for 12/28 @ 9:00am. Review is still scheduled for 12/31. If a motion is mailed in directly to judge it will not be docketed until after internally schedule. Jan spoke with co3 counselor today. Arrange for a flight to AZ on 12/26; Petrik to Villarreal and Wisdom: Repeat request that case file be mailed to Danny Hicks along with (2) original post cards that constitute as evidence. If the public defender's office no longer has possession of the case file, please advise of its current location and the date it was transferred. Urged to keep a proper chain of custody. 03:24:14 PM - Ed discovered Dwight callahan is a judge) 03:22:59 PM - Emailed villareal asked for his current phone number) 10:27:10 AM - In Cleveland, time noted is PST. | ||||||
| 12/22/2009 | VILLARREAL RESPONDS TO CERTIFIED LETTER, calls Petrik TWICE (recording), but Petrik is already on a plane to Ohio MOTION: Discovery / Disclosure, NOTICE: Hearing, MOTION: Extension of Time | ||||||
| 12/18/2009 | Email to Clerk of Courts re: Where are the transcripts | ||||||
| 12/17/2009 | 01:50:28 PM (Called prepaid legal re: public records request advice #2601503) 01:45:02 PM (Called dan dominguez left vm to follow up on emails 12:30:12 PM (Email then Fax to villarreal re transcripts) 08:01:22 AM (Called Jan and told to ask Danny for an update when he calls) | ||||||
| 12/16/2009 | PCSO records request mailed requesting 911 tapes, high-res images of witness statements, latest version of PCSO Incident report | ||||||
| 12/16/2009 | POA emailed to Daniel P Dominguez, Vanderpool's clerk – He's become unhelpful, his demeanor has changed. | ||||||
| 12/09/2009 | Records Request Submitted By: J. Edward Petrik Incident Numbers (DR#): 081214129 & 081214130 I respectfully request copies of the following (7) records to be emailed to dehcks@gmail.com: 1) A current copy of the Pinal County Sheriff's Office report, Incident Number (DR#): 081214129. Included with this report, I am specifically looking for the following attachments: 2) Evidence Control Form 3) High Resolution copy of Written Statement from William Porter (record #: 4376 ??) 4) High Resolution copy of Written Statement from Theresa Wirth (record #: 4376 ??) 5) Voice Recording onto CD, (1456-4) 6) Audio of 911 call, Record #: C504999, 12/14/2008, 21:39, Received by B. Benenhaley Incident Nbr: 081214130 7) Audio of 911 call, Record #: C505000, 12/14/2008, 21:41, Received by (unknown) • If possible, I would like digital photographs or high resolution color scanned images of the witness statements noted in #2 and #3. I am unsure of the record #'s for these statements. Record #: 4376 comes from page 1 of the report, under the section "involvements." Please call me if I can be of any further help in describing these records Thank you for your assistance. Phone call to Villarreal: 4:46pm (520) 868-4071; faxed to (520) 868-9486 Fax to Villarreal re: erroneous minute entry action | ||||||
| 12/07/2009 | J email to Villarreal, summary of evidence request of PCSO; Villarreal responds to first email "thanks for the information"; received Danny's 26-page letter describing what happened from the very beginning, including the quit claim con-job... Discovery of Porter's call to emergency dispatch at ~9:41pm on 12/14/2008, according to the involvements on page 24 of the PCSO incident report. Porter's call was given a new incident number, 081214130. Porter says nothing about call in his witness statement and nothing is mentioned in the narratives in the incident report. The state does not disclose it either. J talks to Dan Dominguez about Villarreal's non-communication thus far and the error on the minute entry action; He was polite and helpful – said he had put in a message for Villarreal to come to Vanderpool's office that day; I asked him to mention that his client is awaiting contact; he said he would. That's the last conversation I would ever have with Dan Dominguez. This is the last time Dan would be of any help whatsoever and with the exception of a single, one-sentence email response refuses to respond to me from here on out | ||||||
| 12/04/2009 | Certified Letter to Michael Villarreal – enclosed Gaertner letter | ||||||
| 12/03/2009 | J email to Villarreal – request to verify minute entry action that erroneously lists another attorney's name on the distribution list – not Villarreal; attached a copy of Doug's reference letter; Interesting/informative phone call with Cecil Feneley, the director of Queen Valley water department and fire fighter who witnessed Danny's arrest along roadside when his rotator cuff was ripped apart by arresting officer | ||||||
| 11/30/2009 | DANNY'S MOVED yet again., 520-463-2780 | ||||||
| 11/19/2009 | MISCELLANEOUS: Miscellaneous – Villarreal submits for payment on case appt verification claim form; NO WORD FROM HIM as of yet | ||||||
| 11/17/2009 | Jan writes first email to Villarreal, mikevillarreal@cox.net - no response | ||||||
| 11/16/2009 | Danny makes first 15-minute phone call to Jan from the level 3/1 prison | ||||||
| 11/13/2009 | DANNY'S MOVED - Now to a level 3/1 prison in Tucson | ||||||
| 11/10/2009 | Koniuszy mails ltr of RETRACTION of Wirth's last EXTORTION attempt Danny E. Hicks - Inmate 244610 P.O. Box 9200 Florence, AZ 85132 QUINDRY and KONIUSZY, LLP ATTORNEYS AT LAW 4435 E. BROADWAY #2 MESA, ARI20NA 85206 November 10, 2009 Re: Offer from Theresa C. Wirth Dear Mr. Hicks: By letter dated October 9, 2009, I forwarded to you, 00 behalf of Theresa Wirth, Several documents seeking to obtain sole title to the property that is jointly titled in your name and hers. The purpose of this letter is revoke any offer as described in the October 9" letter, or any of the documents that were submitted to you in draft form. Ms. Wirth does not intend to sign the Assumption or Indemnity Agreement, or pursue this matter further. Ms. Wirth reserves all rights which she has in connection with your liability to her. Very truly yours Thomas E. Koniuszy | ||||||
| 11/06/2009 | Wirth signs Deed for 3351 S. Silly Mtn. Rd. | ||||||
| 11/03/2009 | DANNY MOVED - LOSES EVERYTHING AGAIN | ||||||
| 10/30/2009 | Danny moved to another maximum security prison in Florence – no longer have communication through his COIII counselor and his new Counselor has been anything but nice and cooperative | ||||||
| 10/29/2009 | CORRESPONDENCE: Correspondence | ||||||
| 10/22/2009 | MinuteEntry event for MINUTE ENTRY: CORRECTED MINUTE ENTRY, Randolph Toscano appears in distribution list, NOT Villarreal | ||||||
| 10/19/2009 | RESTITUTION REVIEW HEARING, Mary Wisdom, represents Danny at restitution – review hearing is postponed until 4/12/2010 at state's request – request made at hearing on 9/14, but Gaertner and Wisdom never told Danny.
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| 10/16/2009 | Jp faxes personal request for help to Lisa Surhio re: dogs Along with information that Mary Wisdom requests of Danny on 10/7 | ||||||
| 10/15/2009 | Danny receives Koniuszy EXTORTION Ltr dated 10/9/09 | ||||||
| 10/14/2009 | RULE 32: NOTICE: Petition for Post Conviction Relief | ||||||
| 10/11/2009 | 1st substantial portion of case file arrives from Danny – but NOT 481 pages - as Gaertner's receipt states becomes clear that we do not have the entire file – some of it's missing; Mary Wisdom REFUSES to respond; refuses to speak to Danny's attorneys-in-fact; refuses to release Danny's case file, and will not acknowledge that the original extortion docs are present in the file. | ||||||
| 10/10/2009 | Date: Sat, 10 Oct 2009 12:34:15 -0700 Just received two letters from Dan, one 10-page and one 2-page. He discusses the Mary Wisdom Public Defender meeting on 10/7/09 at 10:00 am at the beginning of the 10-page letter. As you will see, Mary Wisdom said they will be representing Dan and that she and Lisa will be reviewing his case and will get back with him. She told Dan she will not talk to anyone except Dan about his case. Jan writes about Dan's contact with ex-wife Linda… | ||||||
| 10/09/2009 | Foreclosure specialist, attorney Thomas E. Koniuszy writes in a letter: Danny E. Hicks - Inmate 244610 P.O. Box 9200 Florence, AZ 85132 QUINDRY & KONIUSZY, LLP ATTORNEYS AT LAW 4435 E. BROADWAY #2 MESA, ARI20NA 85206 October 9, 2009 Re: Property jointly owned with Theresa C. Wirth Dear Mr. Hicks: Theresa Wirth has hired me to assist her in connection with her efforts to obtain sole title to the real property which you currently jointly own with her. That property is described in a Deed you signed on May 30, 2008, conveying to her an undivided interest, as a joint tenant with right of survivorship, in the property. I am enclosing an unofficial copy of the Deed for your review. It reflects the execution of the Deed and the recording of the Deed. Theresa indicated that she has been paying the mortgage against the property. There is according to Ms. Wirth's understanding, little if any equity in the property. Ms. Wirth would like to have you sign a deed, conveying your interest in the property to her. She would then assume (as between the two of you) responsibility to keep making payments on the property. If she does not make the payments, then of course the property will be subjected to foreclosure. She would like to avoid that, and is willing to undertake the responsibility to make payments on the debt against the property. once she obtains sole title to the property. In addition to making the payments against the debt secured by the property, Ms. Wirth indicated that she is willing to treat as "satisfied" the restitution claim which she understands will shortly be awarded in her favor against you. Her understanding is that her restitution claim in the criminal case that was pending against you will be approved, in an amount slightly in excess of $10000.00. Upon receipt of your signed agreement agreeing that she can assume (as between the two of you) the liability on the property mortgage, along with your signed Special Warranty Deed conveying your interest in the property to her, and a Special Limited Power of Attorney giving her authority to deal directly with the lender, Ms. Wirth is willing to give you credit for the full amount of the restitution claim awarded in her favor. This would in fact result in the restitution claim being deemed "satisfied", so that you do not have to face the obligation to make payment of that sum in the future. Enclosed are copies of the following documents which have been prepared to reflect Ms. Wirth's sale ownership of the property, assuming you agree to this transaction: 1. Payment and Indemnity Agreement; 2. Special Warranty Deed; and 3. Specific Limited Power of Attorney. If you are willing to agree to Ms. Wirth's proposal, please sign the Payment and Indemnity Agreement, the Special Warranty Deed, and the Specific Limited Power of Attorney. The Specific Limited Power of Attorney will need to be witnessed. All three documents will need to be notarized. Enclosed is a pre-addressed stamped envelope for your use in returning the enclosed documents to me. Once Ms. Wirth receives from you the three enclosed documents, signed and properly notarized, she indicated that she will sign the Assumption and Indemnity Agreement, and forward to you a written release of liability for any sum owed by you to her under a restitution order in your criminal case. The Deed will also be recorded and Ms. Wirth will thereafter make all payments that come due under the Promissory Note. holding you harmless from and indemnifying you against any liability under the Note. In the event you decline to accept the offer made by Ms, Wirth, she has indicated that she may seek to partition the property by Court Order. Any equity that might exist after the costs of the partition action would be allocated between the two of you based upon applicable law and the underlying facts; in the event that becomes necessary. Ms, Wirth will seek to recover (from any funds to which you might otherwise have been entitled) all amounts to which she is entitled under applicable law - including any restitution order issued by the Court. Please let me know if you are willing to agree to Ms. Wirth's offer. If I haven't heard from you by the end of this month, Ms. Wirth will presume that you are not willing to convey your interest in the property to her on the basis outlined above, and she will decide at that time the alternative route she will take. Very truly yours, Thomas E. Koniuszy | ||||||
| 10/09/2009 | Subject: Re: Thatcher - FW: Key to Dan's house and Paperwork There were two extra keys on the keychain and yes, Ralph (if that is his name, not Doug the other neighbor) gave them to me. One could be a housekey and one looked like it fit a padlock of some type. Neither of them unlocked any lock I could find. I sent both sets of car keys/additional keys to you yesterday along with mail and the contents of the box Thatcher gave me. You should hopefully get them tomorrow. No need to reimburse me for the postage. I am pretty sure Thatcher is running scared. I hit him hard the other night about his activities, and now his brother is getting calls about Dan from John. Thou Dost Protest Too Much is Thatcher's theme just now. Thatcher told me he and Kathy went into Dan's house and alluded to a suicide note when this all happened back in late December/early January. I am certain he was in there and I think some of Dan's possessions were recovered by Thatcher, left abandoned on the porch, recovered again by Doug the neighbor who gave them to me. I didn't do a detailed inspection but didn't find any suicide note. I have a lot of stuff in my garage (probably six to eight cubic feet of papers and misc. posessions. In my inspection of the place, there isn't much in there that Theresa W. would be interested in, unless she wants to pawn what few things Dan has left or ravage the place out of spite. I also truly don't think she has a key judging from what I found and the neighbor's account of her visit. You will need a new refrigerator. The place is sparcely furnished. A bed with sheets that needs to be made (sadly), some minor personal effects, enough living room furniture to watch TV and a TV. Definitely not a luxury home at this time although it is a nice place structurally with real wood floors and real drywall on the walls. You know, Stephen Green specializes in short term rentals to winter visitors and is located out there, I bet he would be interested in helping with that endeavor. Let me know if you would like me to ask him about it. Thanks again for your love for your brother, kindness, thank you card, and undeserved by me, gift. I am planning to use it to buy a grill for my front porch but am holding onto the check until you are sure it is ok for me to cash it. I really don't deserve it and am humbled you would even send it. On another note, John forwarded to me his reply this same email which I have just read after writing the above. I agree on waiting a little while to rent/refurbish. I do also have Dan's discharge papers. The VA should have his medical records. His discharge papers only say that he was honorably discharged after six months of service due to an unspecified disability. Can you foward this on to John for me as I am on the road tonight and don't have his other email address in my online address book? Let me know what else I can do to help. | ||||||
| 10/08/2009 | From: Thatcher must be running scared as he has NEVER responded to an email to me this quickly. Doug, I believe you said Ralph, Dan's neighbor, gave you Dan's car keys - can you check to see if there is another key on his key chain? Did Thatcher indicate if he ever actually went into Dan's place? It appears Thatcher did not know about hidden key so I'm would almost guarantee that Theresa has the hidden key. How much trouble is it to have the house key re-keyed? I am concerned about the house getting burglarized & also about my substantial monetary investment in the house. I'd like to see if I can rent the house - may be easy to rent it during winter months to snow birds. Doug, I believe you said that it is sparsely furnished and not fully furnished as Dan told me - is that right? If I do rent it, I think I'll have to buy another refrig due to the odor from spoiled food - very difficult to get that odor out. Have a great day! I gave you everything I have. The only papers I have were in the box. His house key should be with the car key that was left at his house. Doug said someone was living there so there must be some way to get in. Thanks On 10/7/09 11:29 AM, wrote: Do you still have key to Dan's house? It was not in the box. Did you take papers off Dan's kitchen table? It was a list of his possessions that he has at the other house along with receipts? Thanks _______________________________________________________________________ Brendan, Can you do me a favor and give the attached document to Dan Hicks. I put the same message in this email just in case you have difficulty with opening an attachment. I think it's best NOT to have your email or mine on any material. Tell Dan to tear off our email info from the other email I sent. You might want to tell him you only gave me your email as a courtesy and NOT to give it to others. Tell him you talk to me because I am your Power of Attorney and because I am helping with your legal case but that you can't talk and discuss his case with others. Thanks for being so understanding and so helpful. Clerk of Superior Court has NOT received Rule 32 documents; they said sometimes it takes a week to get them processed. So I called Judge Vanderpool's office and talked to Dan, her Assistant. He said you can also mail a notarized copy to the Judge. He said she is usually lenient and will most likely honor the Rule 32 papers even if it's slightly late because they realize mail system is a problem. He said it's up to the discretion of each Judge whether they honor it But I would not want to take a chance. Can it be sent "Return Receipt Requested" URGENT LEGAL MAIL – TIME SENSITIVE ________________________________________________________________________ From: Date: Thu, 08 Oct 2009 20:41:31 -0700 told you about the large envelope I got from Dan today about his case. It was mailed and postmarked priority mail Tues Oct. 6; I got it today. Also, got a letter. I just read through some of it and am shocked at how much of a con artist she and her family are. Wait til you read about all the other fraud she has committed - unbelievable. Theresa's email address was: tcwirth@hughes.net "yorkshire & poodlesdogs" | ||||||
| 10/07/2009 | MARY WISDOM CALLS DAN AT 10:00am – Says that she and Lisa will be representing him for post-conviction relief and tells him to have us mail her ALL extortion docs as well as Gaertner correspondence about the case file he dropped off at Public Defender's office. States she WILL NOT speak with j. RULE 32: Post Conviction Relief Notice, Danny's recent letter filled with hopelessness and depression; says he's ready to give up and just give them the house so that they leave him alone From: BRENDAN MONAGHAN [mailto:BMONAGHA@azcorrections.gov] Sent: Wednesday, October 07, 2009 3:51 PM Subject: Re: Hicks, Dan 244610 Hello, The call went very well according to Dan. For some reason, I couldn't make an outgoing call from my office. In fact, I have not been able to receive any calls from outside the unit all day. If you want to call back tomorrow morning, I'll get him to speak with you. Have a good evening, CO III Monaghan | ||||||
| 10/06/2009 | Talked to Brendan Monaghan, Dan's counselor. He told me Public Defender Mary Wisdom contacted him yesterday and has a phone consultation appt. with Dan tomorrow Wed. at 10:00 am. So something is happening. Did you contact them again? Brendan Post Conviction Notices were sent as legal mail yesterday | ||||||
| 10/05/2009 | EXTORTION THREAT LETTER from NITA, post-marked 9/28/2009: (Compare this letter to the post card she sent on 6/18) Dan, I am contacting you in reference to 5701 E. EI Camino Quinto and propose the following You do a quit claim deed to transfer the house to Theresa. she will continue paying all related expenses on the house, as you know she has paid all house payments sine the purchase of the home. (a lie) As long as she is paying the loan it does reflect a good source of credit history for you, if you choose not to quit claim the deed to her, she will have no choice but to abandon the house and discontinue the payments at which point it becomes another repossession for you. She will also file a civil suit against you, for your half of all house payment, expenses, security costs and mental anguish. She did receive paperwork stating that a civil suit along with court restitution is an option for her, she is trying not to incur other costs by hiring an attorney but if necessary I will loan her the money as I do not wish for this to continue any longer. Your actions caused long term emotional problems for Theresa and as her psychologist states: she may never get over this. Also do you want me to get any of your personal things from your mobile? It goes to auction 10-01-09 so you will need to respond to this letter by this weekend. You may call me collect 480-208-4486. If I don't hear from you I will assume you have no intentions of signing the quit claim deed and I will hire Theresa an attorney. Nita (signed) From: Jan Talked to Mr. Monaghan, Dan's counselor a couple hrs. ago. He said Dan had already talked to him about getting the papers notarized. Monaghan said he's going to contact Notary & try to get them certified and mailed today. He said he would also call Mail Rm to see if Dan can send it overnight or by certified mail. He said they're suppose to treat anything that says LEGAL MAIL with expediency | ||||||
| 10/04/2009 | From: Doug M: To all: Had the showdown with Thatcher and Kathy tonight. They were both way more defensive than need be and attacked me personally in their need to cover themselves. Was amused and disturbed at their need to defend their actions and come back on me. They have been playing games and are on the run...don't know if it can be proven...but they are both much more sensitive than they should be given the circumstances...Thatcher is a tall older guy, I am a short muscular guy....and we went eyeball to eyeball together....It got tense... I am supposed to pick up Dan's remaining possessions tomorrow...they have something to hide...they know I will be checking on Dan's place...(didn't make it out today...sorry)....they said that no one requested Dan's possessions and that they were holding on to them in good faith. When confronted with the attorney bill Thatcher said "that's my brother, not me" "I can't hold him accountable" Both are acting like victims...Both are trying to mess with me... I fought the good fight tonight... And am disappointed with human nature because I truly expected more from them.... They are running and have a reason to be afraid... Doug Email from Jan: Doug called me again and was able to get into Dan's house after getting key from realtor. He said there's NO paperwork on kitchen table or elsewhere like Dan said listing his possessions at the other house along with the receipts. So I am SURE Theresa has been in the house and got those things. He said they definitely were NOT in briefcase or elsewhere. He even checked his file cabinet. I think Theresa just went to Doug Kammer's (the neighbor) door just to see if he was home so that she could get into the house or break-into the house. Evidently she didn't have a key with her because the neighbor said she tried to get in but he's pretty sure she didn't succeed. I think she or someone else I'll try again when the neighbors are in bed. she obviously looking for something. I'm afraid that she may eventually just take all Dan's stuff and move since she has nothing to lose if she doesn't pay anymore on the house; she has nothing invested. I need to get access to his house info at that address also so we can find out what she is doing as far as the payments. I just had a thought. The head of Middle Ground Prison Reform Retired Judge Donna Leon? Hamm should be able to tell us what to do about the Post Conviction papers expedited and what our options might be. She should also know the proper format and font size, etc. I talked to her once before & she knows her stuff. She was able to give me a lot of info. on Dan's rights. She's very firm and to the point but knowledgeable. She also sometimes represents people for a fee. I'm sure she'll know EXACTLY what to do. GOOD NEWS - according to mail room, Dan signed for the legal documents Sat. 10/3/09. I tried calling Mr. Monaghan, his counselor but no answer. I'll keep trying. | ||||||
| 10/03/2009 | To: Jp Date: Sat, 03 Oct 2009 07:41:04 -0700 Does anyone have Dan's address? I was going to try to stop by his house on Friday. I spoke with Stephen Green this week, he said it looks like someone may be living there. Doug responded to your email and his email was returned. Doug did not go to Dan's yesterday; got back too late. But he was going there today. I sent those Post Conviction papers overnight on Thurs but his facility did not receive them til today about 6:30 (we checked on delivery on line). I called counselor today but no answer; probably off for weekend. I'm going to call him on Mon. & fax them also to him also. On the cover sheet, I'm stating the urgency of the matter in getting them notarized and mailed to meet deadline; also telling him to fax me a copy after notarizing & I'll also send them overnight to Clerk of Court (I called & they said the papers cannot be faxed). Do you think I should also send a copy to Judge Vanderpool's office?; I can also fax it to Judge Vanderpool. I wrote a letter for him to send to Mary Wisdom's office also requesting their help in this matter and also so that they also realize his desire and the urgency. | ||||||
| 10/02/2009 | Date: Fri, 02 Oct 2009 07:23:59 -0700 Doug, thanks so very much for offering to help in this matter - it is truly appreciated. You're a life saver. I will pay you for your time. I sent you a card earlier this wk - did you receive it? Check with neighbor before you go to Dan's house in case there is someone living there. If someone is there, it may be best to just call the police or call me and I'll call police. Thatcher G. Jones (wife Lou Ann) 10279 E. Running Water Drive Apache Junction, AZ 85218 M) 1-602-300-8710 H) 1-480-982-3398 (has key to Dan's house) Email: thatcherjones@gmail.com The following items are some of the things Thatcher has of Dan's. It would be great if you could contact him and see if he will give you Dan's stuff. He said he was going to mail Dan's stuff to me about a month ago and still hasn't done so. He doesn't respond to my emails either. - Keys to Dan/s house - Bank checkbook - Credit Card - Wallet & probably Driver's License - Bills - Legal papers - Important papers left in Dan's jeep - POA document Gaertner wrote making Thatcher's Dan's POA - Watch - Cell Phone - Jean Jacket - Hat - Miscellaneous DEAR THATCH: We finally received the legal papers from Dan making us POA. Here is your copy revoking your responsibilies. Thanks! Someone will be picking up Dan's things from you hopefully today or this weekend. | ||||||
| 10/01/2009 | NEIGHBOR CALLED LAST NIGHT: - Theresa Wirth and her mother Juanita Morley (in car) visited Thurs evening 10/1/09. Said Theresa knocked on his door & said she had a box of Dan's personal possessions and papers she thought Dan would like and wanted to drop them off. Doug said where is the box; she said she didn't have it with her. He told her to leave and get off his property. She started to defend herself like she was the victim stating "Dan pointed a gun at her". Doug's wife had their baby there & mother said "what a cute baby"; Doug told her to not even mention his baby & to leave. - Before she left, the other neighbor Ralph, on other side of Dan's house had a better view than Doug and said Theresa tried for about 15-20 mins to get into the house but didn't succeed. Doug said he has seen Theresa, her mother and family drive by before. He thinks they've probably been in house after he goes to bed before 9pm. - Doug said Dan told him he spent about $40,000 on furniture. He said he sold his Harley, (2) ATV All terrain bikes and a pontoon boat and borrowed money to buy all this stuff. He's not sure but he or Theresa may have taken furniture & stuff from house on Donna Dr. Needless to say, she has LOTS of Dan's possessions, incl. (2) HD TV's. - The other neighbor Ralph and Doug are alternating their vehicles to make it look like someone is living there. CELL PHONE: Motorola cell phone with camera purchased from T-Mobile should be on the kitchen counter. GOOD NEWS. Received a letter from Dan with either the original or copies of the POA and Quit Claim Deed that Theresa Wirth's Mom Juanita Morley brought to the jail. He also has a copy plus Gaertner had a copy also. He only has copies of the post cards, not the originals (Public Defender should have originals) - didn't mail those to me; probably didn't have access to a copier. I'll have to tell him to mail me the copies and other legal materials & then I'll make copies to send back to him. Dan also sent me her brother's name again; I think the other one was mis-spelled; he thinks this is Theresa's maiden name; also said Theresa was born in Indiana. | ||||||
| 09/30/2009 | Subject: FAX TO PD OFFICE Sent today Hey... How about we get us some guns and go get some drinks at the local saloon... Top News in AZ: Guns allowed in Arizona bars starting Wednesday | ||||||
| 09/29/2009 | Wirth fills out ASPC-EYMAN, BROWNING VISITATION application in an effort to visit Danny Protective Order is STILL in effect. Danny refused the visit – refused to violate protective order Good Morning Doug, Thanks so much for your offer to go by Dan's place. I really hate to impose on you because I know you are very busy yourself. But right now, I am in a desperate situation until I can get Dan's mail and his possessions from Thatcher. -----Original Message----- From: Doug Sent: Saturday, September 26, 2009 8:10 PM Had a good conversation with your son the other night. He seems like quite an intelligent guy and I can tell he is your son in talking with him. I am about 15 miles away from Dan's place in Queen Valley, though I have never been there. I can take a drive out there next weekend if you like. Had the break up with the girlfriend a couple of weeks ago and my grandmother appears to be in end stage Alzheimer's causing me to be a mediator between my mom and brother who are bickering. Been a little down as a result, but life is good when you pull back and really look at it. In any event, I hope life is treating you kindly today. Have my kids with me this weekend which is always a good thing. | ||||||
| 09/24/2009 | FAX notice of intent to file Rule 32 to PD Office with plan offering his help – Jp doesn't realize Wisdom has no intention of assisting Danny; thinks the resistance is due to the amount of work involved and offers mitigation services | ||||||
| 09/22/2009 | POA of Thatcher Jones is revoked POA assigned to John, Ed and Jan Petrik to run concurrently | ||||||
| 09/19/2009 | From: Doug Date: Sat, 19 Sep 2009 20:58:17 -070 ~~~~~~~ Gnothi Se Auton ~~~~~~~~ I bet you are pretty sure who you are. You are a good man... ----- Original Message ----- Sent: Saturday, September 19, 2009 9:16 AM Subject: Two more things: Judge replacement law and joint tenants law > They call it 10.2 in the PD's office: peremptory change of judge, > or notice of change of judge without cause: > > Arizona is one of a minority of states that allow a party to file a > notice of change of judge without cause. The purpose of the rule is > to allow a party to ask for a new judge when a party may perceive a > bias that does not rise to disqualification under the rules > allowing a challenge for actual bias or prejudice. > > Arizona's rule permitting peremptory change of judge has > historically been viewed as "salutary" on the grounds that "it is > not necessary to embarrass the judge by setting forth in detail the > facts of bias, prejudice or interests which may disqualify him nor > is it necessary for judge, litigant and attorney to involve > themselves in an imbroglio which might result in everlasting > bitterness on the part of the judge and the lawyer." Anonymous v. > Superior Court, 14 Ariz. App. 502, 504, 484 P. 2d 655 (1971). > > However, just as peremptory challenges of jurors led to abuses of > race or gender-based disqualification, the peremptory notice of > judge has been subject to abuse, including attempts through > "blanket" challenges to bring pressure upon judges and thereby > undermine judicial independence. State v. City Court of City of > Tucson, 150 Ariz. 99, 722 P. 2d 267. > > The rule was amended in 2004 to make clear that filing a notice of > change of judge for an improper purpose, such as trial delay or > other circumstances enumerated in Rule 10.2(b), is unprofessional > conduct. The Court adopted this amendment and the amendments to > Rule 10.2, Rules of Criminal Procedure, in an effort to address > abuse of Rule 10.2 while preserving the traditional benefits of the > right to peremptory change of judge. | ||||||
| 09/19/2009 | From: Gaertner Law Date: Sat, 19 Sep 2009 07:45:46 -0700 Dear Mr. P, I received a call from Mary Wisdom at the Public Defender's office acknowledging their receipt and possession of Mr. Hicks file including all of the original documents to which you refer. I also received CONFIRMATION that Mr. Hicks received a copy of his entire file. I no longer represent Mr. Hicks nor do I possess the documents that you repeatedly threaten me to preserve. Direct all of your future correspondence to the Public Defender's office. As for the Bar. Mr. Lee informed me that he was satisfied with my offices actions in withdrawing from the case and my actions in providing two and not just one copy of Mr. Hicks file. I will no longer be responding to your repeated contacts of my office. Best Regards, John R. Gaertner On Fri, Sep 18, 2009 at 4:08 PM, ----- Forwarded message from dehcks@nym.hush.com ----- September 18, 2009 By Fax, Email and Certified Mail Re: INFORMATION REQUEST REGARDING CASE FILE AND EVIDENCE PERTAINING TO THE STATE OF ARIZONA v. DANNY E. HICKS – CASE NO: CR2008-02156 Dear Mr. Gaertner: I write to you on behalf of Danny E. Hicks, inmate #244610, and to follow up on information I received from Senior Staff Attorney Jim Lee of the Arizona Bar during a phone conversation this week. Mr. Lee called to inform me that you responded to his request for your cooperation in returning Mr. Hicks's case file, with special reference to four (4) documents that constitute as evidence related to case CR2008-02156 in which you served as counsel representing Mr. Hicks and safe keeper of these files. Mr Lee informed me that according to your message, you dropped off at the public defender's office in Pinal County a copy of Mr. Hicks's file AND the original four evidence documents on Monday September 14th , subsequent to Mr. Lee's request of you to do so earlier that morning. Mr. Lee said you did not leave the name of the person to whom you delivered Mr. Hicks's file. As of Friday September, 18th, I have not been able to confirm your claim with the Pinal County Public Defender's office that anything has been delivered to them and is in their safe keeping. I respectfully request that you contact the Public Defender's office immediately to locate and account for Mr. Hicks's file and evidence. I urge that you prepare a legal chain of custody for yourself and the public defender's office. If you gain further information regarding the whereabouts of this file, feel free to call either myself or Attorney Jim Lee. I will be in touch with the Public Defender's Office as well as Mr. Lee until everything has been located. In order to keep your memory refreshed, a description of the four documents is as follows: • QUIT CLAIM DEED, delivered to Mr. Hicks on 6/17/2009 during a visit at Globe Jail with Juanita Morley, mother of Theresa Wirth, that includes a message stating that if he signed the papers that would give Theresa Wirth ownership of his interest in the real property known as 5701 E. El Camino Quinto, Apache Junction, AZ 85219, Theresa would agree not to testify against him at his sentencing. • POWER OF ATTORNEY DOCUMENT, assigning Theresa Wirth Power of Attorney of Mr. Hicks, which was also delivered by Jaunita Morley on 6/17/2009 • POSTCARD TO MR. HICKS FROM JAUNITA MORLEY, urging Mr. Hicks to sign the Power of Attorney and Quit Claim Deed papers before his sentencing hearing on 7/17/2009 • POSTCARD TO MR. HICKS FROM JAY MORLEY, threatening Mr. Hicks and ordering him to sign the Power of Attorney and Quit Claim Deed papers before his sentencing hearing | ||||||
| 09/18/2009 | LISA STRANOWSKI CALLS Jp; Appears she's not aware of Wisdom's call with Petrik the previous day; explains that she was NOT reassigned to Danny's case as Callahan's letter to Danny stated; doesn't know why he said that; states that she was ALSO PUZZLED by the letter from Callahan in which he states the prosecutor suggests a conference meeting where the victim could be present to see if they could reach some kind of agreement – VICTIM SURE DOES HAVE A LOT OF SAY HERE – she states that THEY NEVER DO THAT – ALL SIT DOWN AND WORK IT OUT;Lisa is the only person who seemed genuinely interested in Danny's case and in seeking justice; ORDER: WITHDRAW – Gaertner GAERTNER Letter "I will not send you a file (again)" received ____________________________________________________________________________ Hello, You may dial 602-252-4804 and ask for the records department. You have a good weekend as well. Penny Lewis Arizona Board of Legal Specialization State Bar of Arizona | ||||||
| 09/17/2009 | MARY WISDOM CALLS on 17th and says she has a box with GAERTNER'S NAME on it in her office that looks like a case file for Danny Hicks, but she cannot confirm, nor will she confirm the existence of the 4 extortion docs in the file; WISDOM proceeds to school him on RULE 32; she asks the basis for the petition and reacts sharply, "DWIGHT CALLAHAN is a VERY GOOD ATTORNEY!" inquires as to whether or not he knew about Porter's employment with PCSO when CALLAHAN made his error at the jail – WISDOM states, "YES, WE KNEW!"; WISDOM tries to persuade Petrik of the futility of any attempt to file a petition based on ineffective assistance of counsel; Jp ends the conversation telling WISDOM THANKS!, telling her she should call Danny to hear his wishes about the case file and the petition, and letting her know that he'll be in touch once he has Power of Attorney papers from Danny so that he can arrange to get a copy of the case file from her Mr. P, Below is information you may find helpful. 1. Can you point me to the BLS rules on protocol for enforcement of non-specialists who none-the-less use the "Certified Specialist" label? We would contact the attorney who is currently advertising they are a specialist if they are not. 2. Am I entitled to any more information from the BLS or the State Bar to better know information about this attorney's probation reprimands in 2005 and the results that occurred in 2006 regarding his certification? You may contact our Records Department for this information 3. My last question would be then, is he required to list dates? Specialists are not required to list dates. Let me know if you have any further questions. Have a good day. Penny Lewis Arizona Board of Legal Specialization State Bar of Arizona -----Original Message----- Subject: RE: AZ Certified Specialist of Criminal Law question regarding proof of certification Hi Penny, I have read through the BLS Rules and Regulations, however, I still require assistance. The "Certified Specialist" is quite a feat to attain. If the standards demanded of an attorney are as rigorous as they proclaim, then I would say a Certified Specialist is worth EVERY PENNY. However, if the label "Certified Specialist" isn't guarded with at least some measure of vigor - I would be more on point to say "measurable" - this label correlates to the level of that vigor of enforcement. My question then: Can you point me to the BLS rules on protocol for enforcement of non-specialists who none-the-less use the "Certified Specialist" label? Am I entitled to any more information from the BLS or the State Bar to better know information about this attorney's probation reprimands in 2005 and the results that occurred in 2006 regarding his certification? I have found about 10 locations online as of today at which he declares himself a Certified Specialist of Criminal Law. He does not list dates of certification as many others have. My last question would be then, is he required to list dates? Thank you, Penny. Have a good day, John Petrik | ||||||
| 09/16/2009 | Change of address to 209 Donna made via Pinal County Web site | ||||||
| 09/15/2009 | GAERTNER LETTER to Danny received, State Moved to Continue, Review Hearing set for 10/19/09 @ 9:00am DATE ON GAERTNER Letter to Jan stating once again that he will NOT be sending her a file | ||||||
| 09/15/2009 | GUERRERO VS WIRTH, SC JUDGMENT | ||||||
| 09/14/2009 | STATE MOTIONS TO CONTINUE RESTITUTION HEARING FOR 6 MONTHS TO 4/12/2010 – SO VICTIM MAY SEEK COUNSELING; VANDERPOOL grants state's motion, but orders a REVIEW HEARING set for 10/19/2009 Gaertner argues for WITHDRAWAL. After meeting at Vanderpool's bench, Judge orders withdrawal but WITHOUT substitution, as Pinal County rules dictate. PUBLIC DEFENDERS office is ordered to represent Danny for PURPOSES OF RESTITUTION ONLY and WISDOM is ordered to appoint someone quickly; GAERTNER is ordered to turn over case file to PD office immediately; Before hearing, JIM LEE of AZ State Bar calls Gaertner and passes promise to initiate State Bar action against him if he doesn't turn over 4 extortion docs today; Gaertner delivers case file and extortion docs to Carol Thomashevsky; J calls PD office to verify delivery but CAN NOT confirm; faxes, voicemails, emails and finally another call to Jim Lee to determine location of case file for next 2-3 days until MARY WISDOM CALLS JAN RECEIVES JOHN GAERTNER'S LETTER RE: WON'T BOTHER SENDING CASE FILE From: Penny Lewis Date: Mon, 14 Sep 2009 11:56:01 -0700 Mr. Gaertner is not a Criminal Law Certified Specialist. Mr. Gaertner was a specialist in 2006. Penny Lewis Arizona Board of Legal Specialization State Bar of Arizona | ||||||
| 09/11/2009 | DATE ON JOHN GAERTNER'S LETTER TO JAN PETRIK – RE: WON'T BOTHER SENDING CASE FILE. Dan's present address: ASPC - Eyman Complex - Browning Unit Danny E. Hicks, ADC 244610 P. O. Box 3400 Florence, AZ 85132 Be sure to put your return address. Write it out; I'm not sure if they'll accept a mailing sticker on the envelope. I was told that it's best not to put his actual location listed below on the mailing address due to the fact that he is constantly being moved. He has been moved 5-6 times since he was sent to this location on 8/24/09. I just found out this morning that he was transferred again last Fri. 9/4/09. I'm assuming that he was transferred again due to his life being threatened. They have him incarcerated at the same complex where he worked as a DOC Corrections Officer. Since the other inmates have recognized him and since inmates do NOT like DOC people, his life is in grave danger. The doctor even told him that he was being transferred because the inmates recognized him, that they were out to get him and that they had a "hit" out on him. Dan does not think he will make it out of there alive or without being severely injured. He is keeping me informed as well as possible and has told me to be sure I sue them if something happens to him and also for police brutality. By law, they are supposed to PROTECT HIM FROM HARM and also PROVIDE PROPER MEDICAL CARE, which they are not doing. | ||||||
| 09/09/2009 | MOTION: WITHDRAW COUNSEL- Gaertner | ||||||
| 09/08/2009 | From: Gaertner Law Sent: Tuesday, September 08, 2009 2:08 PM Subject: Hicks Matter Dear Mrs, We need your complete mailing address to mail you a copy of Dan's file. Thanks, Charmayne Eriacho Paralegal to John R. Gaertner -- The Law Office of John R. Gaertner 6920 E. Shea Blvd. Ste. #203 Scottsdale, AZ 85254 Main Number 480-991-6646 Fax Number 480-991-6645 ************************************************ Letter from Jan to Gaertner Dan and I have advised you and your office staff numerous times that I am his contact person and am representing him on his behalf. Dan also stated in his letter to me dated 8/20/09 that he also wrote and mailed you a letter on 8/20/09 requesting his files be mailed to him and to me. He also stated that he has not received any correspondence from you or had any contact with you since his sentencing hearing on Friday, July 17th, 2009. He stated that you told him on July 17th that you would be visiting him to explain his options; however, he had not heard anything from you as his last letter to me dated September 1, 2009. He also said he has not received anything from you or the court regarding his upcoming restitution hearing. Dan has additional evidence that is pertinent and crucial to his case and restitution hearing that you do not have. You already have crucial information on the extortion papers received from her family. As you know, Theresa Wirth's mother Juanita Morley visited Dan at the jail and brought the following extortion papers to the jail for Dan to sign: Power of Attorney's documents making Theresa Power of Attorney over Dan, Quit Claim Deed document giving Dan $10.00 for his half of the house he quit claim deeded to her on 6/3/08. Juanita Morley, Theresa's mother, and her brother Jay Morley, also sent him post cards The conversation at the jail is also recorded so I think it is imperative that you obtain a copy of that conversation. Both the conversation and written material state that if he signs the house over to Theresa, she will agree not to testify against him; also stating that it was in his best interest to sign those papers over to Theresa. Also, Dan feels he is not being protected and that his life has been in danger since he's been incarcerated and especially since he has been at the Eyman-Browning facility in Florence, the same complex where he worked. As you know, he was a DOC (Department of Corrections Officer) in Florence and inmates are notorious for severely injuring or killing DOC officers. He has been told that the inmates had recognized him and had a "hit" out on him. He also did not receive any of his medicine for 8 days (from 8/24/09 – 9/1/09). He said he received his blood pressure medication on 9/1/09 but had not received his pain medication nor his medication for a rash on his back as of his letter to me dated 9/1/09.. As a result, his blood pressure skyrocketing to 178/102 which could have easily resulted in a stroke or heart attack. He had not been able to get a shower for 7 days from 8/21/09 – 8/28/09; not sure if that has changed. I understand that he has to go past an unprotected area of inmates, who have recognized him, in order to go to the shower and out for recreation. Do you have any suggestions or can you do anything about this dire situation. I have been told by the prison that attorneys can have contact with the inmate and especially if it is an emergency situation pertaining to his case. Therefore, I assume you will contact Dan accordingly. | ||||||
| 09/07/2009 | I do not know anymore than what is in the letter. Marcia, the girlfriend of Kevin, Dan's cell mate in Gila County Jail, is the one who faxed this over to me recently. Dan had given Kevin this copy for Marcia to keep for him. I'll send Dan a copy of this letter and ask him what this means. I wonder if I could call the Public Defenders Office and speak to Callahan or Lisa - I should be able to get his files when I receive paperwork from Dan making me his Power of Attorney. I think I told you that I talked to Charmayne at the attorney's office on Tues or Wed. I asked her if she knew anything about the restitution hearing and she said it was scheduled for Sept. 14th which is Mon. I hope Dan gets my letter where I told him to request a continuance due to ineffective counsel and due to lack of evidence being presented. Since she's obviously going to claim "Mental Anguish" as her damages, it is important for the court to know that she had prior mental problems and has been under Drs. Care and medication for that. I also think the attorney should present the Extortion papers at this hearing. I'm going to write attorney letter hopefully tomorrow to this effect, send it by email, fax and certified mail. Do you still think Dan should ask for a Public Defender and a continuance? I've also reviewed my last phone bill. I called the attorney's office 7 times and sent him 6 faxes during the period 6/05 - 7/04. I'm going to review my other phone bills this year. I think we should be able to use this info. for Post Conviction Case and Ineffective Counsel. I've been summarizing my notes trying to get a timeline for these cases, for prison & jail mistreatment, also for Thatcher negligence (he's Dan's POA & he still hasn't responded or sent me Dan's money). What a mess, huh? | ||||||
| 09/02/2009 | Phone call from Jan to Charmayne (Gaertner's secretary) Jan spoke with Charmayne at length on Wednesday, September 2nd at 10:15 am; I asked if you had sent Dan's legal file to both him and me as Dan and I have requested on numerous occasions. As of this date, I have received nothing from your office nor have I received a return phone call as I have requested on numerous occasions. Dan and I have advised you and your office staff numerous times that I am his contact person and am representing him on his behalf; Charmayne stated on September 2nd that she thought the restitution hearing was Monday, September 14th. I doubt that his legal file that you sent to him will get to him in a timely manner, if at all, due to your sending it to the wrong address and also due to the fact that mail is extremely slow and usually takes around 20 days and sometimes doesn't get to the inmate at all. | ||||||
| 08/30/2009 | FEDEX Receipt, 481 Pages Single Sided, BandW, 8.5x11 from Gaertner | ||||||
| 08/28/2009 | Case placed on contract, Contract# 58630 created for the amount of $1000; Villarreal eventually grabs it THATCHER JONES goes to see Jennifer White at 6607 S. Kings Ranch Road, Gold Canyon, AZ 85218 and presents Power of Attorney papers in an attempt to get access to Danny's account – his ATM Card expired. Jennifer turns him down and gives him the proper forms. GAERTNER: The lawyer for whom you requested a discipline history has 21 public record(s). 18 of these were dismissed. Three charges resulted in an Informal Reprimand. If you would like further information please call 602-340-7384 and leave a detailed message regarding your inquiry. A Discipline Representative will contact you within 24 - 72 hours. | ||||||
| 08/03/2009 | 2009-8-3-CALLAHAN-Assignment-Judge-Pro-Tempore | ||||||
| 08/01/2009 | DAN'S MAILING ADDRESS: 8/1/09 ASPC Phoenix / Flamenco Males Danny E. Hicks, ADC #244610 P.O Box 52109 Phoenix, AZ 85072 Your return address must have a complete address incl. your name and address. Mail to Dan: He can receive unlimited amount of mail and cards and as many pages as you want. Just be sure to put the proper postage so it doesn't get returned. If you wish to visit or allow Dan to make collect calls to you, you must complete a Visitor application. To complete the application electronically, go to www.azcorrections.gov Dan is at the Phoenix Facility, Unit Alhambra. You must input his Inmate number and name exactly as it is above: Hicks, Danny E., ADC 244610 | ||||||
| 07/30/2009 | Danny writes letter, Last will and testament 2009-7-30-ALL-PAPERWORK-TAKEN-FROM-DANNY- | ||||||
| 07/24/2009 | DANNY-MOVED – Moved to Alhambra on 7/24/09 according to Danny's letter dated 7/30/09. | ||||||
| 07/17/2009 | JUDGMENT: Judgment and Sentence, REPORT: DPS Disposition, MISCELLANEOUS: Letters of Recommendation, NOTICE: RIGHT TO REVIEW AFTER CONVICTION JUDGE ACCEPTS PLEA DEAL – THEREby rejecting the recommendation of her probation department – BUT, REJECTS THE SENTENCING RECOMMENDATIONS, SENTENCES DANNY TO THE PRESUMPTIVE 3.5 years Gaertner says NOTHING about the extortion documents presented to him by Danny before the hearing and that sat directly in front of him throughout the hearing - even AFTER Wirth's legerdemain. Danny is remanded into custody and is forced to LEAVE the original extortion docs with Gaertner. He orders Gaertner, "Mail those to my sister. Those are originals. There are no copies." As he's lead out of the court room, Gaertner says he'll be out to visit him in the next couple days to go over his options. That's the last time Danny would ever see or hear Gaertner's voice... FURTHER ORDERED setting this matter for RESTITUTION HEARING on Monday, September 14. 2009 at 1:30 p.m. in Division 6. before the Honorable Janna L. Vanderpool. The Court advises the parties it will set the matter for Restitution Hearing for this matter one time only and all requested amounts for restitution and required documentation of such request shall be presented at the above-set hearing. If no information is available at that time, restitution shall be set at zero. The Defendant is further advised if there are contested amounts of restitution requested, the matter may be set for Contested Restitution Hearing at that time. MTIGATING FACTORS: • The defendant's lack of prior record, felony or only minimal prior record. • The age of the defendant. AGGRAVATING FACTORS: • More than one victim was involved.
| ||||||
| 07/14/2009 | Probation Department tells Danny that they assess him to be a good person overall and NOT deserving of a prison sentence; no indication of violence as the incident does not seem to be rooted in power or control; the domestic violence program would not be appropriate for him; HOWEVER, Danny does NOT realize that him not qualifying for the domestic violence program means that the probation department will recommend that the judge REJECT the plea agreement (if she considers probation as a viable punishment) because it REQUIRES that Danny be supervised under the domestic violence program IF granted probation | ||||||
| 07/13/2009 | D1 - MISCELLANEOUS: SEALED DOCUMENT, DON'T KNOW WHAT THIS IS 2009-7-13-DEBORAH-GAINES-AdultProbationDisposition-FAX-to-GAERTNER 2009-7-13-GAERTNER-Transport REPORT: Pre-sentence Report; Gaertner files MOTION TO TRANSPORT. | ||||||
| 07/10/2009 | 2009-7-10-KRISTIE-L-WOOLEY-Email-to-GAERTNER-PresentenceSupervisor 2009-7-10-PRESENTENCE-INVESTIGATION-DeborahGaines-REJECT-PLEA-EmailGaertner 2009-7-10-UNOFFICIAL-RECOMMENDATION-OF-AdultProbationDept-Emailed-7-10-2009 | ||||||
| 07/02/2009 | 209 Donna Drive - Notice of Trustees Sale on 10/1/09 – Had to sprint to be ALLOWED to pay Danny's loan payments, one day before the sale, we succeed in saving Danny's mobile home Juanita Morley was convinced the home was going to be foreclosed – as she mentions in her October extortion letter | ||||||
| 07/01/2009 | DWIGHT CALLAHAN APPOINTED JUDGE PRO TEMPORE for term of 1 YEAR, MARY WISDOM's interest. Ed discovered Callahan's promotion in December 2009 | ||||||
| 06/30/2009 | ELIZABETH and VICTOR GUERRERO v THERESA C. WIRTH, J-1107-CV-20092846, Apache Junction, Hon Dennis L Lusk | ||||||
| 06/26/2009 | Charmayne faxes letters of recommendation to Deborah Gaines (presentence reporter) for Gaertner 2009-6-26-GAERTNER-Fax-To-Deborah-Gaines-8-Pages-Recommendations-ONLY-7-transmitted | ||||||
| 06/23/2009 | Adult Probation Officer Deborah Gaines – Presentence Investigation Theresa Wirth was contacted by telephone on June 23, 2009. She stated that she had mixed thoughts about the defendant's sentencing. She wants him to go to counseling for his anger, and she thinks he may have some mental health problems. Ms. Wirth is not sure if probation will protect her. She has an order of protection against the defendant. A statement written by Ms. Wirth is attached to this report. COLLATERAL CONTACTS: Five character letters are attached to this report, which were submitted by the defendant for the Court's consideration. A screening for the Domestic Violence Court Program was conducted by Probation Officer Norm Shafer. He verified the residence, and it was approved for supervision. However, Probation Officer Shafer noted that the offense does not appear to be rooted in power and control issues. Has high blood pressure Torn ligament in shoulder A term of supervised probation appears to be the best sentencing option for Mr. Hicks; however, the Domestic Violence Court Program is not considered appropriate, based on the screening for the program. Typically, domestic violence is rooted in power and control, and there is no known history of such behavior in the defendant's past. The screener did find the defendant's residence to be appropriate. Mr. Hicks has never been involved in the criminal justice system, and he has been a good citizen for most of his life. Since the plea agreement stipulates that if he is placed on probation, it shall be under the supervision of the Domestic Violence Court Program, rejection of the plea is recommended at this time. | ||||||
| 06/22/2009 | MinuteEntry event for Minute Entry: Order - Resetting/Continuing, Gaertner vacation, sets sentencing back a week 2009-6-22-FAX-to-GAERTNER-re-DAN-CANNOT-GET-A-HOLD-OF-YOU | ||||||
| 06/20/2009 | Postcard from Jeffrey J. Lanpher aka William Lanpher aka Jay Lanpher: Hey Dan Its Jay again. I'm not sure how much you know about your next hearing but they want Theresa's input before they decide your outcome. She has some concerns and here they are. If your name is still on the house and anyone sues you like old creditors they can place a lien on the house, She also does not want you to hold the house over her head which would cause you two problem and I know this would ruin any chance in the future for you guys. Amy and I are living with her for now which gives her emotional support. I would like to see you sign the papers to take your name off the house, you get out with just probation and I will do what I can to help you get your life back on track and just maybe if you have changed (no more bad temper) and Theresa sees this she would give you a second chance but I can tell you that you would have to tow the line because you really scared her. Call me if you can 480-326-3224 Jay NOTE: Theresa is MARRIED to WILLIAM PORTER, 480-326-3224 was Danny's phone number just before his arrest and is the phone number from which he is alleged to have made the call to Wirth in his premeditative act | ||||||
| 06/19/2009 | The defendant was interviewed telephonically at the Gila County jail on June 19, 2009. At that time, he stated that he was under a lot of duress at the time of this incident. He said he is hoping to be sentenced to probation, but he will do what he has to. William Porter was contacted by telephone on June 19, 2009. He stated that the defendant should go to prison because he tried to kill two people. A statement written by Mr. Porter is attached to this report | ||||||
| 06/18/2009 | Postcard from Nita Morley to Danny at P.O. Box 311 Globe, AZ 85501: Dan, my number is 480-208-4486 call me anytime. We tried several times to write you but the letters came back and every time, we also tried to find you to visit but no one knew where you were. I'm so glad I finally got to see you! WE have ALL been so worried about you. You looked good considering what you have been through. If there's anything I can do for you just let me know. I'm sure by now you realize by now how much this family loves you including Theresa but you scared her because she really thought all of you were going to end up dead. I know you love her and hope you have learned how to love and accept love and it is not by or through anger or threats. I pray that we can ALL put this behind us and start over. I will keep in touch and you do the same. Fred says Hi. Mom Nita Morley. Jan faxes and emails Gaertner after leaving a voicemail to let him know about the phone call she received from Kevin Benedict in prison | ||||||
| 06/17/2009 | EXTORTION #1 BEGINS – LEVERAGING AGRAVATING FACTORS PRIOR TO SENTENCING ON 7/17/2009 ~2:30pm, Juanita "Nita" Morley visited Danny at Globe, Gila County Jail. Protective Order in full effect. Nita gives a guard docs to give to Danny: - Power of Attorney, making Wirth his attorney-in-fact - Quit Claim Deed, granting all interest in the house at 5701 to Wirth - Assignment, Assigning all rights to the property to Wirth Nita states that Theresa will NOT appear at sentencing and will DROP the charges against Danny IF he signs over house before the hearing on 7/17/2009. Extortion vitiates the "in good faith" plea agreement considering the victim exercised her rights to take part in discussions with County Attorney Kate Pierce about what she felt was appropriate for the plea agreement, as Kate states at the Change of Plea hearing. | ||||||
| 06/10/2009 | CHANGE OF PLEA PLEA AGREEMENT: PLEA AGREEMENT, Word-for-word, exactly the same one drafted on 1/20/2009; Gaertner did nothing; In fact, letter-for-letter, as Theresa's last name was spelled incorrectly, just as it was on 1/20/2009 - Wirch. 2009-6-10-EMAIL-To-Gaertner-also-faxed 2009-6-10-MOM-Email-to-Gaertner-LetterWriters Gaertner states that Danny HAS NO DEFENSE. This is NOT TRUE. Arizona Legal Studies Discussion Paper No. 08-07 Adequate (Non)Provocation and Heat of Passion as Excuse not Justification Reid G. Fontaine The University of Arizona Department of Psychology & James E. Rogers College of Law In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate how, per the common law framing of the defense, in instances in which there is no actual provocation, or the provocation is not sourced to the victim, heat of passion may nevertheless apply. The rationale is that the emotional disturbance that interferes with one's rationality and self-control arises as an effect of the genuine belief that one has been seriously wronged, a perspective that can only be characterized as an excuse. | ||||||
| 06/09/2009 | 2009-6-9-Jan-Email-to-GAERTNER-letters | ||||||
| 06/05/2009 | 2009-6-5-Jan-Fax-to-GAERTNER 2009-6-5-Jan-FaxToGaertner-continued 2009-6-5-Jan-LetterAndNotes-To-Gaertner | ||||||
| 06/04/2009 | 2009-6-4-Jan-FaxToGaerrtner-List-Of-DanHicks-Bills and Property 2009-6-4-Jan-Pic-of-Major-and-HousePayments | ||||||
| 05/22/2009 | 2009-5-22-GAERTNER-Letter-to-Mom-Enclosed-PCSO-Report 2009-5-22-GAERTNER-LetterToThatcher-PCSO-ReportSent 2009-5-22-GAERTNER-Receipt-Payson-AZ-85541-PaperChase-CPU-Phoenix.-Wt-1lb-6-oz | ||||||
| 05/18/2009 | PRETRIAL CONFERENCE – GAERTNER 2009-5-18-ORDER-VANDERPOOL-AFFIRMING-SettlementConferenceSetFor-6-10 | ||||||
| 05/13/2009 | 2009-5-13-GAERTNER-Fax-From-Mom-QuestionsAboutRecommendationLetters 2009-5-13-MOM-Letter-RecommendationToVanderpool | ||||||
| 05/08/2009 | 2009-5-8-PIERCE-MOTION-SETTLEMENT-CONF-SET-6-10-2009-JudgeBrendaOldham | ||||||
| 05/04/2009 | 2009-5-4-GAERTNER-MOTION-ToTransport-Filed-5-7 | ||||||
| 04/24/2009 | 2009-4-24-2009-6-4-GAERTNER-59-Pages-FAXED-to-Gaertner 2009-4-24-GAERTNER-MOM-to-GAERTNER-re-Wirth-Porter | ||||||
| 04/21/2009 | SUPPLEMENTAL DISCLSRE BY STATE - UNKNOWN WHAT THIS IS | ||||||
| 04/14/2009 | ORDER CONTINUING PRETRIAL CONFRNC 2009-4-14-CALLAHAN-APPEARS-ON-GAERTNERS-BEHALF-MotionToContinue 2009-4-14-GAERTNER-CONTINUE-RequestFor7Days-AnotherMatter | ||||||
| 04/13/2009 | 2009-4-13-GAERTNER-Email-to-MarcieLangley-Re-KevinBenedict-FaxRcvd-2-18-2009 | ||||||
| 04/08/2009 | Theresa Carole Porter (2/1955) v William Webster Porter (3/1943), S-1100-DO-200900501, Petition for Annulment, Preliminary Injunction | ||||||
| 04/06/2009 | Bill from John Paul Jones arrives detailing services rendered – MAILED TO 5701 E. El Camino Quinto! | ||||||
| 3/27/2009 | Gaertner's jail notes on Danny's bio | ||||||
| 03/26/2009 | APPT VERIFICATION & CLAIM FORM (Gaertner) | ||||||
| 03/25/2009 | SUPPLEMENTAL DISCLSRE BY STATE – UNKNOWN WHAT THIS IS GAERTNER SUBMITS VICTIM INTERVIEW REQUEST to KATE PIERCE | ||||||
| 03/24/2009 | NOTICE OF APPEARANCE – JOHN R. GAERTNER JR. Callahan sends letter to Gaertner explaining PD's policy re: case file along with file | ||||||
| 03/18/2009 | Postcard arrives, Jan to Danny urging him NOT to hire Gaertner Power of Attorney docs illegally signed and notarized by Gaertner so that Thatcher could write him the $7500 check; Release Hearing transcript has TWO copies of page 13 - the page containing the essence for the impeachment - appears someone made a copy and placed it back in with the original. | ||||||
| 03/16/2009 | Gaertner letter to Pierce requesting a copy of the Indictment charges and the most recent Plea Agreement | ||||||
| 03/11/2009 | LETTER FROM CALLAHAN: Case has been reassigned to Lisa Stronawski who'll be back in 4 weeks; Stronawski later denies that she was reassigned by Wisdom; states prosecutor rejected his counter-offer, but recommends settlement conference with the victim present to see if a compromise could be reached JOHN GAERTNER, visits Kevin Benedict, Danny's cell mate, at Gila County Jail in Payson. Benedict asks Gaertner to meet with Danny, who was still concerned about Callahan's error at the Pinal County jail days earlier. Gaertner skims over the state's current offer, and says he can do better. He pulls out a blank attorney/client fee agreement for Danny to sign and date. On 3/11/09, Danny meets with, and agrees to hire John R. Gaertner for $7500. Not ONE word of the plea deal that Danny ultimately signs is different than the original deal reviewed by Gaertner. Not even ONE letter, as even the victim's name remains misspelled "Wirch." | ||||||
| 03/04/2009 | LETTER FROM CALLAHAN interpreting voicemail message exactly as Wirth and Pierce have suggested The State has rejected your offer of a Class 4 felony. The offer from the State will expire at your next court appearance if the case is not set for change of plea at that time. Please let me know if you wish to accept the offer of a Class 3 non-dangerous felony with a range of (2), 2.5, 3.5, 7 (8.75) that is also probation eligible. The state has also sent me a copy of a message from the victim's cell phone that appears to be your voice. Although the message is somewhat garbled, it appears to say " ... get rid of him ... the gun is made safe ... get rid of him." It does not have the emotional impact of the 911 tape, but it is still not helpful. It remains my opinion that you cannot afford to take this case to trial and that you should immediately accept the State's offer and fight about the sentence, not the issue of guilt. If you lose at trial, you will be facing mandatory prison in the range of 5, 7.5, 15, with a slight possibility of consecutive sentences. Please call me any time to discuss this case. I will be happy to visit you in Payson if you are interested in going over the State's offer with me in more detail. | ||||||
| 02/25/2009 | MICHAEL VILLARREAL is sanctioned by the Arizona State Bar, Informal Reprimand imposed by Probable Cause Panelist | ||||||
| 02/19/2009 | SUPPLEMENTAL DISCLSRE BY STATE, Copy of 1 CD - voicemail message from victim's cell phone. NO date and time provided even though allege message was left PRIOR to incident, suggesting premeditation; Danny's phone records in Wirth's control (part of family plan); (Wirth stole Danny's handset from 209 E Donna since he's been in prison.) | ||||||
| 02/18/2009 | SUPPLEMENTAL DISCLSRE BY STATE, 2 witness statements, Wirth and Porter dated 12/14/2008; margin of Wirth's statement: "I told him he would have to kill me first. He said OK. He pulled the trigger but the gun misfired." ODDLY ENOUGH, EXACTLY WHAT WIRTH SAID IN COURT on 2/9/2009 Corporal J. Bonucci #877 crossed out and replaced by G. Copeland #1456. | ||||||
| 02/17/2009 | 1st CONTINUATION, ORD CONTG PRETRIAL CONFRNC; CALLAHAN states: We've received an offer from the state and need more time to review, Continued to April 14th, 2009; CALLAHAN DISCUSSES ENTIRE CASE IN FRONT OF PORTER'S COLLEAGUES AT PINAL COUNTY JAIL and then, afterwards, informs Danny that William Porter is a detention officer at PCSO Arguably the most egregious error a defense attorney could make would be to disclose the defense strategy to the prosecuting attorney. Public defender Dwight Callahan – selected to be Judge Pro Tempore Callahan since 7/1/09 – makes this mistake on this date – 2/17/09 - when he discusses details of Danny's defense with him at the jail while two PCSO detention officers, colleagues and associates of victim, William Porter - also a PCSO detention officer – stood by and listened. At the end of the discussion Callahan ask Danny if he knew that the guy who tried to shoot worked at the jail? Danny did NOT know this - in fact, he knew nothing of Porter – but he knew enough to call Callahan (2/18/2009) the following day and ask why he spoke so openly in front of Porter's colleagues. Callahan acknowledged his mistake and asked Danny if he wanted another attorney. Danny didn't answer as he didn't know what to do at that point. Nonetheless, Callahan issued a letter later that same day to Danny in which he states that Lisa had been reassigned to his case, but would not be back for 4 weeks (3/11/2009) | ||||||
| 02/13/2009 | NOTICE OF APPEARANCE, DWIGHT CALLAHAN for Lisa Stranowski at direction of Mary Wisdom; NOTICE PROSECUTNG ATTY ASSGNMT Callahan files motion for Feb 9th transcript for the purpose of impeaching Wirth at trial or at sentencing; Callahan mails copy of grand jury indictment transcript; Notice of prosecuting atty assignment; Amalita Arellano files letters of support for Danny with court clerk – Pat McInnis of PCSO, Brendon Waddell who offers a job upon Danny's release and Doug Muell, pHD, with 12-year history and intimate understanding of the Arizona DOC | ||||||
| 02/10/2009 | Kate Pierce delivers PLEA AGREEMENT to Public Defender's office, Callahan mails a copy to Danny | ||||||
| 02/09/2009 | RELEASE HEARING - PD LISA STRONAWSKI requests transcript to IMPEACH WIRTH, Motion to reconsider release conditions, Wirth requests to be heard, voices a sensational story of lies – stating that Danny pulled the trigger and his gun misfired - completely contradicted by the evidence and the police report. Kate Pierce (county attorney) vehemently defends Wirth's statements and admonishes public defender, Lisa Stronawksi (now Lisa Surhio) for insinuating that the victim may be lying, she then requests that the bail be raised once again to $25,000 cash only, Judge Vanderpool sides with Ms. Pierce in advising Ms. Stronawski to calm down while denying her motion for reconsideration, Judge Vanderpool stops short of raising the bail, She DOES order the transcript for defendant's impeachment purposes Kate Pierce has NO interest in fact-finding, backing Wirth's story in blind faith; pretrial set for 2/17/09, STATE hasn't made an offer yet; Stronawski replaced by Dwight Callahan after hearing due to "conflict of interests" according to Wisdom | ||||||
| 01/29/2009 | Danny attacked by William Sweat at Gila County Jail, Globe, Police Report #090100260, Deputy C. Bender, Gila County Sheriff, Sweat charged with Aggravated Assault PUBLIC DEFENDER'S stamp "received" on transcripts of indictment at 13:52 hrs, | ||||||
| 01/22/2009 | SUPPLEMENTAL DISCLSRE BY STATE – Copy of CD containing WIRTH call to 911 Copy of CD containing 33 photos NO WILLIAM PORTER RECORDING DISCLOSED - NOTE: PLEA AGREEMENT HAS BEEN DRAFTED AND SIGNED (DATED 1/20/2009); BUT HAS YET TO BE GIVEN TO DANNY | ||||||
| 01/20/2009 | PLEA AGREEMENT is drafted and signed by Kate Pierce – Offer: Plead Guilty to Count 1, Aggravated Assault, CL 3, possibility of probation, but no guarantees with regard to sentencing, only stipulation is IF probation IS granted, it MUST be under the domestic violence program. Plea agreement is dated 1/20/2009, but it is NOT given to defense yet. RULE 15 DISCLOSURE - ALL Evidence has been disclosed, BRADY - by KATHRYN A. PIERCE | ||||||
| 01/15/2009 | John Paul Jones, Esq. Thatcher Jones's brother, and real estate attorney meets with Danny in jail, NO contract - Danny doesn't even realize it's a sales pitch, Jones begins work on a partition action to sever the Joint Tenancy between Danny and Wirth, mails bills and details of his work to 5701 E. El Camino Quinto | ||||||
| 01/14/2009 | REPORTER'S TRANSCRIPTS of GRAND JURY PROCDNGS FILED | ||||||
| 01/12/2009 | TRANSCRIPT GRAND JURY PROCDNGS is filed for the record | ||||||
| 01/09/2009 | 01/09/2009 SURETY BOND RECEIVED D 1 01/09/2009 SUPERVENING INDICTMENT RECD D 1 | ||||||
| 01/08/2009 | THERESA CAROLE WIRTH and WILLIAM WEBSTER PORTER Marriage License - S-1100-ML-200900026, Pinal County | ||||||
| 12/31/2008 | ARRAIGNMENT, DETERMINATION RELEASE CNDTNS, DANNY arrives out of custody on $2500 bond, immediately remanded back into custody due to $10K bail set at indictment. PD, April Elliott; DA, Jill Sosin; Judge Bradley M. Soos. WIRTHLESS and PORTER present; Wirth says Danny had a LOADED gun and tried to kill both of them. Claims house is hers. Result: Soos raises bail to $15K cash only; NOTICE OF DISCLOSURE: PCSO Incident Report #081214129, 27 of 27 pages – NO WITNESS STATEMENTS present in the report | ||||||
| 12/29/2008 | ATM/CHECK CARD FRAUD: WIRTH orders herself an ATM check card to access Danny acct; likely used WiFi from across the street from her mother's house; Wells Fargo states that card would have arrived 7-10 business days later Wells won't give up the address to which the card was sent | ||||||
| 12/25/2008 | Wirth FALSE CAD CALL: states Danny is outside house in violation of order of protection; PCSO Incident-081225046, 10:03am Deputy G. Harbold #1714 responds, no indication of any violation | ||||||
| 12/24/2008 | J-1107-FE-20080264: ADDRESS D 1 NOTICE PROSECUTNG ATTY ASSGNMT | ||||||
| 12/23/2008 | S-1100-CR-200802156: INDICTMENT Hearing in Secret Session Witness: R. VANGORDEN County Attorney: Jose Holguin Bail set at $10K secured bond. DOMESTIC VIOLENCE INDICATOR DEF FINANCIAL STMT/REQ COUNSEL J-1107-FE-20080264: Cnt 1: Assault-Intentionally/Recklessly Cause Phys Injury Cnt 2: Local Charge DANNY's released in the morning on $2500 bail before being indicted | ||||||
| 12/22/2008 | Order of Protection Served | ||||||
| 12/18/2008 | Nita does a little document drafting this date | ||||||
| 12/17/2008 | J-1107-FE-20080264: COMPLAINT FILED-PROSECUTOR D 1 | ||||||
| 12/16/2008 | 09: 22 – DEF ATTY COPY of PCSO 081214129 STAMPED – 27 of 27 pages, NO witness statements present in report given to defense | ||||||
| 12/15/2008 | INITIAL APPEARANCE HELD: FELONY/MISD/CR TR D 1 CASE: J-1107-FE-20080264, 15:00:00 St of AZ vs Hicks Apache Junction Justice, Honorable Dennis L. Lusk bail set at $2500 #1524 Secretary Teresa Navarrette enters all reports into PCSO partition 12/15/2008 11:29am, #1456 G. Copeland report submitted (apprvd by Bonucci) 11:50am, #877 Joel Bonucci report submitted (apprvd by Sgt. Ryan) 11:55am, #1524 Teresa Navarrette enters "NEED WITNESS STATEMENT, VICTIM" – note to self Record # 4376 12:19pm, PETITION for ORDER OF PROTECTION Filed, S-1100-DO-200801692, Kevin D. White 4:05pm, ORDER of PROTECTION filed by clerk of the court 4:39pm, ORDER stamped by (unknown) | ||||||
| 12/14/2008 | Case Number:J-1107-FE-20080264 – THE INCIDENT Title: ST OF AZ VS HICKS Category: Criminal Court: Apache Junction Justice Filing Date:12/17/2008 Judge: HON DENNIS L LUSK Disposition Date: 01/09/2009 1 AGG ASLT-DEADLY WPN/DANG INST 01/09/2009 SUPERVENING INDICTMENT 2 AGG ASLT-DEADLY WPN/DANG INST 01/09/2009 SUPERVENING INDICTMENT INCIDENT#: 081214129 21:39:46 911-call received by: Brian Benenhaley In custody at 22:04:20 Responsible Officer: G. Copeland INCIDENT#: 081214130 William Webster Porter call to emergency dispatch Never disclosed by the state A portion has been deleted Involvements: Type=MI Record #4376 NEED WITNESS STATEMENT VICTIM NEED ATTACHMENTS Teresa Navarrette #1524 made this note at 11:55am | ||||||
| 10/20/2008 | Supreme Court v. Garrett L. Smith, Bar No. 015307 – re: Gaertner, State Bar File No. 04-1683 (2005) | ||||||
| 07/29/2008 | Danny discovers Kaysie and Major were given away by Wirth and Nita! His two best friends are gone for good Wirth states she and her mother gave the dogs to the US Air Force. Later, she feigns an "MS attack" when Danny practically begs for information on how to contact the air force and get his dogs back. The MS attack works. Danny and Juanita give Wirth some water and a cold rag, and the focus becomes HER. After 30 minutes or so, when Wirth seems to be relaxed and better after her attack, Danny goes for a drive to let the shock from the news of his dogs wear off. Upon his return, Theresa and Juanita lay into him, ridiculing him for caring about the dogs more than Theresa. PS: Theresa had what she called an M.S. attack on the same day as she got rid of Dan's dogs (7/29/08). She was at Dan's house and Doug Kammer, the neighbor was there and witnessed the attack. He thought it was a big act and that it was a phony attack. HAWK, JASON M KAMMER, DOUGLAS GARERD KAMMER, LAURIE E 187 E DONNA DR QUEEN VALLEY, AZ 85118-9738 (520) 463-1877 | ||||||
| 07/02/2008 | AUTHENTIC Quit Claim Deed, 209 E Donna recorded; replaces deed at 08-038585; forged Deed is legally resolved by this act | ||||||
| 06/23/2008 | Danny issues check to Linda for $14.5K pursuant to order of dissolution – ordered to pay 10% of 145,000; real estate agent says he would be lucky to get $120 in the current market | ||||||
| 06/17/2008 | PAGE v WIRTH, motion granted, J-1107-CV-20081779 | ||||||
| 05/30/2008 | 5701 Deed of Trust - Danny purchases 5701 E El Camino Quinto – recorded 6/3/08 5701 Joint Tenancy with Right of Survivorship, Danny Hicks and Wirth – recorded 6/3/08 THIS IS WHAT THIS CASE IS ALL ABOUT FOR THERESA WIRTH | ||||||
| 05/16/2008 | PAGE v WIRTH, KARA PAGE, J-1107-CV-20081779, Wirth sold Page's son a sick Yorkie that later died and refused a refund to Kara Page | ||||||
| 04/24/2008 | 209, Wirth Records FORGED QUIT CLAIM DEED, Linda to Danny, notary: Vicki L. Argo of Oklahoma, Exp: 6/15/09 – No Stamp; "Danny E. Hicks, a married man", "Linda L. Hicks, wife" - Wirth states she got it notarized while in Oklahoma and recorded it upon her return so that Danny would qualify for the loan and buy house at 5701 E El Camino Quinto sooner. Wirth tells Danny not to worry. Danny insists that he pay Linda according to court order. | ||||||
| 04/15/2008 | 209, Deed of Trust, $85000 loan against Queen Valley double-wide property | ||||||
| 03/01/2008 | Wirth brings up marriage almost immediately - stating that in order to keep having sex, they needed to be married. Danny is wary about marriage again as he just divorced his ex-wife Linda for the third time. | ||||||
| 02/08/2008 | Danny meets Wirth for the first time in person at 5700 E El Camino Quinto, house purchased by her mother, Juanita Morley. Danny helps her move some belongings from house in Cave Creek to 5700. | ||||||
| 02/07/2008 | 5700 E El Camino Quinto – WARRANTY DEED, Juanita C. Morley & Fred H. Morley III | ||||||
| 01/13/2008 | Danny joins match.com - for love and a fishing partner – runs into Wirth – Vulture, scavenger, bottom-feeder… | ||||||
| 12/25/2007 | Theresa Wirth updates her match.com profile - seeking her victim to be milked and sacrificed so that she and her family can feed. | ||||||
| 11/16/2007 | Danny E. Hicks vs. Linda L. Hicks, Decree of Dissolution of Marriage, S-1100-DO-20060112; $14400 alimony to be paid once the mobile home at 209 E Donna Drive is sold. Judge, wise to look at the previous two divorces, refused to give Linda the same 50% she took the first two times as it was obvious that she had her focus set on the 1-year mark solely for the money. | ||||||
| 10/06/2006 | Danny E. Hicks vs. Linda L. Hicks, Danny files Petition for Divorce, his 3rd divorce from Linda. They lived together this time for exactly one year before Linda left Danny to go back to Ohio for good. S-1100-DO-20060112 | ||||||
| 06/07/2004 | Danny E. Hicks hired by the Arizona Department of Corrections (AZ DOC) for the position of DOC Officer, where he worked in the Central Unit Maximum Level 5 Yard right up until 12/14/2008, the date of the incident. Danny's work with AZ DOC means: 1) NO CRIMINAL HISTORY, NO MENTAL HEALTH ISSUES and NO DOMESTIC VIOLENCE HISTORY. 2) NO EXPERIENCE WITH CRIMINAL JUSTICE SYSTEM AS AN INDIVIDUAL CHARGED WITH A CRIME, 3) Protective Segregation Program to ensure his safety and protection from other prisoners who would very much like to take out an ex-prison guard, and 4) Resignation from the AZ DOC as a result of this incident. The Protective Segregation Program would cause Danny to be moved around, randomly and without notice, and each time his case file would be taken from him (whatever portion of it he had managed to collect since the last move.) Forced to start from scratch, he'd begin by seeking out another a pencil and some paper to write to his sister, Jan, in Ohio, to let her know his new location. Jan was Danny's life-line on the outside. Then he'd begin the search for a stamp… |
Sunday, June 20, 2010
TIMELINE SURROUNDING THE 12/14/2008 INCIDENT
If I were going to be a lawyer, I'd try to be like Mark...
The Four Most Powerful Words in the Criminal Courthouse
Mark Bennett
Try this:
Stand up. Raise one foot off the ground. Now shift your weight forward. Don’t set your raised foot down. What happens?
You fall down.
But if you do the same thing and set the raised foot down to stop your fall, you take a step. Raise the other foot off the ground, shift your weight forward, and set your raised foot down to catch you. String a series of these events together, and you’re moving across the ground.
Walking....
(The rest is here: The Four Most Powerful Words in the Criminal Courthouse)
