Friday, July 05, 2013

U.S. Ninth Circuit Court Of Appeals Prepares To Hear Edgar Steele's Appeal On July 8th; Cyndi Steele To Release Documentary

Received an e-mail informing me that the United States Ninth Circuit Court of Appeals will hear Edgar Steele's appeal of his conviction on July 8th, 2013. Dennis Riordan, a distinguished appellate attorney, will argue Steele's case before the court in Portland, Oregon; the appeal was first filed on October 1st, 2012. Following the hearing, attorney Wesley Hoyt and Cyndi Steele will hold a press conference in front of the Courthouse to release copies of the 2-1/2 hour video expose, "Witness to the Persecution - The Plot to Silence Edgar Steele", documenting their side of the case.

-- Read the 81-page court document HERE or a PDF copy HERE.

According to the defense team's press release, three major issues drive the appeal:

1. Defendant’s Motion for a New Trial and Claim of Ineffective Assistance Based on Trial Counsel’s Pending Disbarment and Deficient Performance During Trial (Page 33): According to the appeal, the defense was unaware that Edgar's attorney was being investigated for various felonies. The Denver Post reported on June 30, 2010 that Robert McAllister was being investigated for wire fraud and money laundering. He pled guilty on May 24, 2012 and told the Post he felt he provide inadequate representation to "a client convicted earlier in the year of murder for hire". During the 2011 trial, the defense was unaware that Edgar's attorney, Robert T. McAllister, was being investigated for felonies during the Steele trial and was indicted in July 2011 by the same US Government that was prosecuting Steele. McAllister was quoted by the Denver Post, "Two months later, McAllister told a judge in Idaho that he had provided ineffective counsel to a client convicted earlier in the year of murder-for-hire. The trial occurred while McAllister was dealing with his possible disbarment. "At the time . . . I did not recognize the extent to which my mental state had deteriorated" as a result of his remorse, McAllister wrote.

2. In the complaint the defense alleges that a Government informant may have been secretly taping trial counsel’s communications during defendant’s trial (Page 38)

3. The defense will seek to highlight what it alleges are inconsistencies and misstatements by Larry Fairfax in the 2011 trial. The filed appeal alleges Fairfax did not tell anyone he placed the bomb on Cindy Steele's car and then had shifting rationalizations for not doing so. "First, the defense emphasized the instances in which [Larry] Fairfax had concealed material facts and/or been demonstrably untruthful, including the following: Fairfax did not tell Sotka or anyone else in law enforcement about the fact that he had placed a bomb on Cyndi Steele’s car on June 9th, June 10th, or at any time until after the bomb was found on Cyndi’s car on June 15th (see below). (RT 419, 1430)" Fairfax said he did not do so because, among other things, he “didn’t have [his] immunity yet”, “didn’t want to get in trouble”, thought the device had fallen off, and that “thought he could get away with it.” (RT 488, 505; see also RT 476, 531). (Page 20)

The appeal also takes issue with two instances where the defense believes the district court should have required a unanimous verdict. First, they claim the district court committed plain error when it failed to require a unanimous verdict as to the factual basis for the "interstate travel" element alleged in and/or incorporated into counts one, two, and three. Second, they contend the district court committed plain error when it failed to require a unanimous verdict as to the object of allegations contained in count two. To refresh readers' memories, here are the four counts upon which Steele was convicted (from pages 15-16 of the court document):

-- Count One: use of interstate commerce facilities in the commission of murder for hire (18 U.S.C. § 1958);
-- Count Two: aiding and abetting use of explosive materials to commit a federal felony (18 U.S.C. § 844(h));
-- Count Three: possession of a destructive device in relation to a crime of violence (18 U.S.C. § 924(c)(1)(B)(ii));
-- Count Four: tampering with a victim (18 U.S.C. § 1512(b)(3)).

The requested outcome of the appeal, as specified on page 78 of the court document, is that the court should remand this case for an evidentiary hearing on appellant’s claim of ineffective assistance of trial counsel, which places in issue all counts of conviction. Alternatively, should appellant’s remand request be declined, the Court should reverse appellant’s convictions on Counts One, Two, and Three of the superseding indictment.

Cyndi Steele notes that the forthcoming documentary, "Witness to the Persecution - The Plot to Silence Edgar Steele", will expose perjury and evidence tampering by FBI Special Agent Michael Sotka, the invalidity of the search warrant, judicial misconduct by Judge Winmill in excluding two key defense audio experts, eavesdropping by the Federal Marshals in violation of the attorney-client privilege and giving copies of those privileged discussions to prosecutors, an interview with audio expert Dennis Walsh demonstrating that the Government’s two audio recordings should have been inadmissible, how the Federal Government blackmailed Edgar’s defense attorney Robert T. McAllister into sabotaging the defense of Edgar’s case, an interview with an eye-witness to Edgar’s June 11, 2010 arrest demonstrating that 45 minutes was deleted as a cover up from the recording made at the Steele ranch. Copies will be eventually available to the general public. According to the Coeur d'Alene Press, it has cost more than $400,000 to defend him so far. Through May 2013, the family has raised more than $105,000 in donations for his legal defense.

Meanwhile, Donald E. Pauly continues to take a different approach to this case; his approach has been robustly criticized on Stormfront. On The Steel Tragedy website, Pauly maintains that Steele was not criminally responsible for his acts because surgery to repair a ruptured aorta dislodged many small blood clots which traveled to his brain and made him go insane. He notes that brain damage is a common to various degrees for all types of open heart surgery and is known as pump head. But what has turned people against Pauly is his repeated insistence that Cyndi Steele is using her website to swindle people, although Cyndi insists she was buffaloed by Robert McAllister. Pauly says he wants to raise money to retain a psychiatrist who specializes in diagnosing and treating heart surgery induced brain damage, as well as a lawyer experienced in special actions filed in Federal Appeals court. He wants to contact them to give them the background on this case and get them started on the project, and intends to pay them as donations from the public come in. But all this will do is divide the effort to get justice for Steele. It would be better if Pauly combined his efforts with Cyndi Steele, but the relationship between them at this point is non-existent.

The monster Stormfront thread begins HERE in June 2011, but the most recent input regarding this development begins on page 67. Pauly posts on the thread as Trojan Cowboy.

5 comments:

Anchorage Activist said...

Sorry, Donald, I inadvertently deleted your comment. You were referring to a so-called "smoking gun" posted on Stormfront.

Those Tweets may prove that Cyndi Steele knew in advance about McAllister's bankruptcy, but they don't prove that Cyndi is a scammer. She's got enough issues to deal with it without having her personal character assassinated. It is the latter issue that has set so many Stormfronters against you.

Donald E. Pauly said...

I have gotten at least nine new reps on Stormfront for exposing this swindle. You will see the forged letter supposedly from Steele on Stormfront at http://www.stormfront.org/forum/t806074-53/#522 . There is no proof that Cyndi has had ANY contact with her husband since he was locked up in Victorville. She has a late model SUV and has not visited him. Sometimes she says that they won't let her and then she says that she can.

The bankruptcy warning is covered at http://www.stormfront.org/forum/t806074-68#679 . This swindle has resulted in Steele rotting in prison for 18 months and the appeal is just now starting to be heard. Had the Steele camp wanted him out, I could have had him out two years ago. Cyndi is the worst race traitor in the history of White Nationalism.

Donald E. Pauly said...

You can view the latest begging bowl video from the Steele gang at
http://vnnforum.com/showthread.php?t=112164&page=188#3743 . The supposed audio expert makes a fool of himself by talking about "electrostatic transients". Anyone who knows electronics is ROTFLHAO. There is no such thing as you can see by searching the internet. You can also see his fake waveforms.

There is a tiny portion of the recording where Steele is talking about a car bomb not triggering uninsured motorist coverage. This is the only such publication.

Donald E. Pauly said...

You can't make this stuff up. Here is the latest from Steele'e website.

We finally find out what made the government come after Steele with this horrific plot. High level U.S. government personnel were involved in a chocolate scam. Steele was about to expose them and they hatched this plot to stop him. Fairfax had stolen $45,000 worth of silver from Steele and tried to blow him up with a pipe bomb to cover up his crime. When the pipe bomb didn't go off he went to the FBI. They faked the recordings to get Steele arrested and stop his exposure of the chocolate scam.

The Steele cheerleaders should finally be able to admit that he is crazier than a shit house rat. His wife is just as crazy if she thinks that anyone will believe this story. In fairness to Steele, he didn't cook up this particular swindle of White Nationalism. This swindle was concocted by his race traitor self professed gold digger wife.


http://www.free-edgar-steele.com/824/first-appeal-hearing-july-8-2013/#more-824
First Appeal hearing, July 8, 2013

2013 JULY 13
by admin
(From: Edgar Steele Defense Fund Board)
.......
Shortly before his arrest on June 11, 2010, Steele discovered that a U.S. based company employing elderly women in Florida was answering the emails and phone calls of lonely American men seeking the companionship of young, beautiful foreign women. What Ed found was that American men were paying an extremely high price for chocolates, flowers and English lessons, all of these orders being processed right here in the ‘good ole USA’. Unsuspecting “lonely hearts clubbers” believed they were in actual contact with 18 to 25 year-old sexy women whose revealing photographs were displayed on various overseas websites. Edgar Steele had stated that he would write a book exposing this fraud, which was costing some Americans their life savings when they sent air fare to supposedly transport these women to America. The thought of being exposed was too much for the corrupt government officials who protect this human-trafficking business, so they decided to silence Ed with phony charges of murder-for-hire.
.......

Donald E. Pauly said...

Cyndi's latest DVD propaganda video is quite a hoot. It claims that another $105,000 in loot has been raked in as of May, 2013. I have exposed a supposed letter from the the Victorville warden in it as a forgery at http://www.stormfront.org/forum/t806074-76/#755 . This is the second public letter from Cyndi so exposed.