The Silent Death Penalty (SDP) – Stop The Murders

Corrupt Courts


Leo and I back in 2016; before I was arrested for crimes I did not legally commit (2017) and had the unfortunate experience of having, now Judge, David Mistachkin assigned as my public defender.

Update – Court Corruption has exceeded all expectations! Grays Harbor County Jail acting on washington States behalf was found to have been recording ATTORNEY-CLIENT INTERACTIONS for years! (see State v. Couch, 541 P. 3d 1043 (Wash App, 2nd Div. 2024)
And of course the corruption continues because now that we have solid proof I still can’t get my public pretender Karrie Young to file for dismissal!!! Please CALL and EMAIL my LYING and RULES OF PROFESSIONAL CONDUCT breaking PUBLIC DEFENDER Karrie Young (‪(510) 871-4519‬ – office@kyounglaw.net) and her coordinator F. McNamara Jardine ((360) 964-1591 – publicdefense@graysharbor.us and tell them to file the CrR 8.3(b) and CrR 4.7(h)(7) and CrR 3.3 motion for dismissal due to violation of discovery and my constitutional rights under Brady/Giglio and speedy trail and justice without delay by the State of Washington that she promised to file! (see Home Page for details.)

WASHINGTON STATE HAS KNOWN FOR DECADES THAT ITS COURTS, COUNSEL, CORRECTIONS, CPS AND COPS ARE CORRUPT YET DONE NOTHING TO SOLVE THE ISSUE!

Don’t believe me, then go read cases like State v. ANJ, 168 Wash.2d 91, 225 P. 3d 956, 960 (WA Supreme Court 2010). I quote “Yet 45 years after Gideon, we continue our efforts to fulfill Gideon’s promise…. in some times and places, inadequate funding and troublesome limits on indigent counsel have made the promise of EFFECTIVE ASSISTANCE OF COUNSEL more myth than fact, more illusion than substance. Public funds for appointed counsel are sometimes woefully inadequate, and public contracts have imposed statistically impossible case loads on public defenders and require that the costs of experts, investigators, and conflict counsel must come out of the defenders’ own already inadequate compensation.”

Rather than fix the problem and provide low income defendants their constitutionally guaranteed rights, especially to Effective Counsel, Speedy Trial, Justice Without Delay, Due Ptocess amd Equal Justice Under The Law, Washington State has ignored the well known and well documented problem and placed the financial burden of providing constitutionally guaranteed rights for low income defendants, especially effective defense counsel on the counties – creating economic prejudice and unequal justice for low income adults and children involved in the justice system based on how rich your county is. Then Washington State allowed the corruption to be covered up by the courts by not requiring that it be reported – resulting in significant damages to people like my son, Leo, and myself!

Quis custodiet ipsos custodes?
“Who will watch the watchmen?”

In Washington State the answer to that question For the Washington State Justice System is NOBODY!!!

Under our system government there is supposed to be a balance of power between the Executive, Judicial and Legeslative branches. However, in Washington the JUDICIAL BRANCH has exempted itself from the law!!!

EVEN IF JUDGES AND LAWYERS KNOW OF LAW BREAKING AND CORRUPTION NOT ONE OF THEM IS REQUIRED TO REPORT IT!!! The result = court and counsel corruption is rampant in the Washington State Court system!

  • Wash. Code. Jud. Cond. 2.15 – Comments [1] Judges are not required to report the misconduct of other judges or lawyers.
  • Rule RPC 8.3 – Reporting Professional Misconduct – Comments [1] [Washington revision] Lawyers are not required to report the misconduct of other lawyers, LLLTs, or judges. 

Marcus Aurelius wrote “To expect bad men not to do wrong is MADNESS!”

To expect bad men within the justice system to not do wrong and/or to turn themselves and their co-workers in for corruption, law breaking or misconduct is absolute madness!!! Judicail corruption without accountability has to stop!

What about the Commission on Judicial Conduct? I turned Judge David Edwards in to that commission. Judge Edwards was the judge that signed the order turning over my attorney client notes to the state (See Clerks Papers #74 ‘Discovery Order’ in the section “Mistachkin Broke The Law” below.) thereby knowingly and openly breaking the law! Nothing happened to him!

The corruption needs to stop and the only way to stop it is to sue the hell out of Washington State and the counties that support corruption!!! Further:

  • The Legislature should pass a law requiring the reporting of judicial, attorney and cop corruption by attorneys, judges and cops. Thereby, ending what is effectively judicail, attorney and cop conspiracy to commit and cover up crimes while aiding and abetting criminals!
  • Since corrupt government is rarely accountable – all court records should be pulled and run through an AI system to check it for corruption and law or rule breaking then that should be posted online to promote transparency and ethics, at the very least voters have access to who is corrupt based on court records before the next election! ( see Article I, Section 1, which states: “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.”)
  • The Washington State Bar Association’s new Standards for Indigent Defense should be approved and funded by Washington State.
    Ethical and honest attorneys are not willing to become public defenders because they are poorly paid and they’re expected to work 80 plus hours a week and have no life. Eventually, the vast majority of the attorneys who are public defenders will become corrupt or quit!!!
    This is highly prejudicial towards the low income and minorities, we are the ones who have to suffer the incompetence of public defenders. It is also a violation of both the federal and state constitutions.

JOIN ME IN THE TRILLION DOLLAR TORT CLAIM TO SUE THE STATE OF WASHINGTON AND GET FUNDING TO SUPPORT ETHICAL COURTS AND COUNSEL!!!

Below are my allegations of corruptions against two judges involved in my case – David Mistachkin and Vini Samuel – of Grays Harbor County. Click their names below to jump to the allegations against that judge. (UPDATE – Mistachkin lost the election! Now it is time to go after him in court for damages! I NEED HELP FINDING THE RIGHT ATTORNEY!)

Judge Vini Samuel

Judge David Mistachkin

In 2017, I was charged with three crimes I did not legally commit – child molestation, child assault by strangulation and a second child assault by strangulation (GHC Cause No. 17-1-00203-1).

I should have been okay as I had strong evidence showing: legal innocence; self defense under the law for part of the allegations; lack of expected and required physical injury making the other alleged crimes impossible; previous proven false allegations of physical violence by the alleged victims and their mother including previous proven false reports to the cops and CPS; previous perjury by the mother on multiple occasions; proof of police misconduct and perjury; improper questioning of the alleged victims; strong financial motive for the alleged victims and their mother to lie (they wanted the benefit money that cme with LEO to buy a house on lease option; strong personal motive for the alleged victims and their mother to lie and strong motive for the alleged victims and their mother to cover up future planned criminal acts by getting me out of the way and unable to protect my son (see the later abuse of LEO by his mother in court records)!!!

Further, my case should have been dismissed back in 2018 for:

  • Violation of attorney-client privilege and relationship,
  • Violation of CrR 3.3 Time to Trial, Speedy Trial and Justice Without Delay, due to conditional waiver of time to trial and failure to keep the conditions of said waiver,
  • Violation of CrR 4 .7 due to the States failing to provide full discovery.

Unfortunately, I had the misfortune of getting, then attorney, David Mistachkin as my public defender or in his case public pretender.

David Mistachkin’s Dishonorable, Unethical And Illegal Acts Against Me And My Son: (click on the links below to jump to that section then click on the section headings to return here)
Mistachkin Endangered My Son Leo,
Mistachkin Lied,
Mistachkin Committed Perjury,
Mistachkin Committed Fraud Upon The Court,
Mistachkin Suborned Perjury,
Mistachkin Broke The Law,
Mistachkin Broke The Rules Of Professional Conduct,
Mistachkin Broke His Oath Of Attorney,
Mistachkin Broke His Promise To And Betrayed His Client – ME
Mistachkin Illegally Required Indigent Clients To Pay More For A Full Defense
Mistachkin Said He Was Not Paid Enough To Defend Me,
Mistachkin Collected Plea Bounties,
Mistachkin Knowingly Failed To File For Dismissal (Part 1),
Mistachkin Knowingly Failed To File For Dismissal (Part 2),
Mistachkin Failed To Correct The Order,
Mistachkin Falsely Claimed His Disabled Client Threatened Him In Some Way,
MISTACHKIN DID IT ALL FOR POLITICAL AND FINANCIAL PROFIT!!!
Others On David Mistachkin’s Misconduct And Lack Of Ethics

Mistachkin Endangered My Son Leo

This is why I cannot forgive and will never forgive Mistachkin – I told him exactly how my son Leo would next be abused by DD, his mom, and her daughter PD and I begged him to help me protect Leo!!! Instead, he betrayed me to protect his reputation and political career to become a judge. After all, when you screw up as badly as he did and then have to dismiss a case because of your screw up, then if that information gets out your political career is toast! YOU SHOULD MAKE SURE HIS POLITICAL AND LEGAL CAREER NO LONGER EXIST!

Leo’s danger came from PD grabbing him in a sexual manner while she and he were unsupervised during baths together.

Leo’s danger also came from DD returning to drinking, which she told me she fully planned to do, and not being able to properly supervise him when she was drunk so he would get out in the street as there was no fence. Her son AD did that in Kansas where he was almost hit by a car. Plus, Leo was at risk from the very dangerous BDSM people that she allowed into her home so she could practice her extreme sadism!

Below is a section of Clerks Papers 76 a ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin, showing me begging for his help so that I could protect Leo from his sister and his mother. Mistachkin ignored it.

Leo was abused later in 2018-2019 by his alcoholic mother with the cops and CPS’s full knowledge. Leo was found wandering the streets multiple times as a three year old toddler while his mother was drunk and to add injury to insult – CPS and the cops knowingly and illegally placed him in the care of a convicted sex offender!

David Mistachkin could have prevented that simply by doing the job that he was supposed to do – be my attorney and provide a full and effective defense!!! None of that would have happened if David Mistachkin had any ethics as an attorney and about protecting vulnerable children; because, I would have been free to protect LEO!!!

David Mistachkin often presides over family court, including I believe Leo’s dependency. If Mistachkin was unwilling to take action and protect my son Leo back then, then what makes you think he will protect vulnerable kids in family court now?!?

I don’t think that David Mistachkin should be in family court at all, as either a judge or an attorney!!!


Mistachkin Lied

Mistachkin’s lies were too numerous to even try to list!

Below is a section of Clerks Papers 76 a ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin showing me telling him that he is a liar and showing some of where he lied!


Not only did David Mistachkin lie about the ability to get CPS records he violated decisional law that says CPS and the State were actually required To provide those records under CRR 4.7 and Brady v Maryland and its progeny!!!

Lies are a clear violation of ethics! In re Disciplinary Proceeding Against Dann, 960 P. 2d 416, 419, 136 Wash.2d 67 (1998) (“RPC 8.4(c) provides that “[it] is professional misconduct for a lawyer to … [e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Simply put, the question is whether the attorney lied. No ethical duty could be plainer.”

Mistachkin lies therefore he is unethical and should not be sitting as a judge!

Mistachkin Committed Perjury

As you review the evidence Presented below you will see that Mistachkin committed perjury in a sworn statement where he indicated three things that are provable lies :

  • Mistachkin committed perjury by indicating that he had reviewed discovery which we know is a lie because if he had reviewed discovery then he would have obviously reviewed Exhibit 23: Sheriff’s Report and known who the witnesses he was seeking were.
  • That he needed the name and contact information for the person that was with PD and her mother during the break which we know is a lie because not only are they in the sheriff’s report but they are also in several other pieces of discovery.
  • Mistachkin committed perjury by Indicating that I requested that the state produced the contact information when the only thing I requested was the actual discovery.

Below is a section of Clerks Papers 70 ‘Motion and Affidavit to Compel Discovery’ that Mistachkin filed with the court! It clearly notes that Moustachkin was ” first duly sworn upon oath” so everything he indicates is done under oath!

Below is a section of Exhibit 23 – Sheriff’s Report Clearly showing who was at the break.

Also note that there was a second witness to the break which Mistachkin was unaware of “Rose”.

Below is a section of Exhibit 23 – Sheriff’s Report Clearly showing the full name of “Rose” who was at the break.

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I would like to make note that had Mistachkin actually done his job and reviewed discovery with me which he refused to do because as he said in court ” I’m not paid enough….”, then he never would have committed perjury!

Mistachkin Committed Fraud Upon The Court

Mistachkin committed multiple acts of fraud upon the court in clear violation of both the Rules of Professional Conduct and the law.

One such fraud upon the court is based on perjury listed above, as in court Mistachkin clearly stated that there was no way for the defense to obtain the information about who was in the break. I have clearly shown that there was a way in fact several ways to know who was in that break.

One other such fraud upon the court is that Mistachkin apparently claimed that I had threatened to harm him in some way physically. I don’t know the full details of this because I was never advised as to what the actual issue was or what Mistachkin actually said as it was all handled in secret by the court and Mistachkin. The court simply allowed Mistachkin to withdraw as my attorney based whatever lies he told to the court.

I cannot present the physical evidence here at this time because I do not yet have the reports of proceedings scanned into my computer system yet; but, I will have them scanned in as I will need them for the lawsuits against Grays Harbor County and Mistachkin over the issues presented herein.

Mistachkin Suborned Perjury

Suborned perjury means that Mistachkin asked someone to lie while testifying under oath. That someone was me and what he asked me to lie about was the number of times PD had grabbed the genitals of male members of the family including me.

Below is a section of Clerks Papers 76 ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin showing me telling Mistachkin that I am not going to commit perjury to support his defense plan!

Mistachkin Broke The Law

RCW 5.60.060 (2)(a): “An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.”

Mistachkin broke the law when he wrote and signed along with deputy prosecutor Erin Riley and the also corrupt judge David Edwards. An order turning over my attorney-client privileged notes on discovery to the State! (Riley and Edwards also broke the law – knowingly and willingly!)

Below is Clerks Papers #74 ‘Discovery Order’ that Mistachkin wrote and signed illegally turning over my attorney-client privileged notes on discovery to the State (prosecution)!

Mistachkin Broke The Rules Of Professional Conduct

Rules of Professional Conduct 1.7 CONFIDENTIALITY OF INFORMATION: (a) “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, ….”

Clerks Papers 74 ‘Discovery Order’ that Mistachkin wrote and signed proves that he broke the rules of professional conduct.

In fact, Mistachkin broke a lot of the Rules of Professional Conduct , most especially RPC 8.4 MISCONDUCT listed below!!!

RPC 8.4 MISCONDUCT
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;
(f) knowingly
(1) assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law, or
(2) ….;
(g) commit a discriminatory act prohibited by state law on the basis of sex, race, age, creed, religion, color, national origin, disability, sexual orientation, gender expression, or gender identity, honorably discharged veteran or military status, or marital status, where the act of discrimination is committed in connection with the lawyer’s professional activities. In addition, it is professional misconduct to commit a discriminatory act on the basis of sexual orientation, gender expression, or gender identity if such an act would violate this rule when committed on the basis of sex, race, age, creed, religion, color, national origin, disability, honorably discharged veteran or military status, or marital status. This rule shall not limit the ability of a lawyer to accept, decline, or withdraw from the representation of a client in accordance with Rule 1.16;
(h) in representing a client, engage in conduct that is prejudicial to the administration of justice toward judges, lawyers, or LLLTs, other parties, witnesses, jurors, or court personnel or officers, that a reasonable person would interpret as manifesting prejudice or bias on the basis of
sex, race, age, creed, religion, color, national origin, disability, sexual orientation, gender expression or gender identity, honorably discharged veteran or military status, or marital status. This rule does not restrict a lawyer from representing a client by advancing material factual or legal issues or arguments;
(i) commit any act involving moral turpitude, or corruption, or any unjustified act of assault or other act that reflects disregard for the rule of law, whether the same be committed in the course of their conduct as a lawyer, or otherwise, and whether the same constitutes a felony or misdemeanor or not; and if the act constitutes a felony or misdemeanor, conviction thereof in a
criminal proceeding shall not be a condition precedent to disciplinary action, nor shall acquittal or dismissal thereof preclude the commencement of a disciplinary proceeding;
(j) ….;
(k) violate their oath as an attorney;
(l) ….;
(m) violate the Code of Judicial Conduct; or
(n) engage in conduct demonstrating unfitness to practice law.

Mistachkin Broke His Oath Of Attorney

Oath of Attorney, Section 6: “I will maintain the confidence and preserve inviolate the secrets of my client, ….”

Clerks Papers 74 ‘Discovery Order’ that Mistachkin wrote and signed proves that he broke his oath of attorney.

Mistachkin Broke His Promise And Betrayed His Client – ME

Below is a copy of a section of Mistachkin’s introductory letter to me promising not to reveal our attorney client privileged information. A promise that Mistachkin broke when he wrote and signed the discovery order shown above.

Mistachkin Illegally Required Indigent Clients To Pay More For A Full Defense

Below is a letter from another person, Jeff Butterfield, represented by David Mistachkin indicating that Mistachkin wanted $10,000 to provide a full defense. (Due to his disabilities, I wrote the letter for him based on what he told me and he signed it.)

Mistachkin stated “I’m not paid enough to do that.” Report of Proceeding January 26, 2018 at pg 152.

I don’t have the reports of proceedings scanned in yet so I cannot provide a copy of the actual document at this time; but, I did address the issue in several other filings which I can show you.

The following is taken from my Amended Statement of Additional Grounds which was filed with the Washington State Court of Appeals cause NO. 52362-1-II.

As I have stated before, if Mistachkin had actually reviewed that discovery with me, then I would be free and Leo would have never been abused again.

Further, Mistachkin actually had the audacity during one hearing to walk over to the prosecutions table and state ” If your boss would pay me what I’m worth I would switch over to your side.” Can you imagine sitting in court depending on someone to save your sons and your life and hearing your public defender/pretender say that? Talk about a lack of ethics!

Mistachkin Collected Plea Bounties

NOTE – Mistachkin Collected Plea Bounties is partially speculation on my part as I have not received the public disclosure request showing his bills and payments from Grays Harbor County to see if he collected the $1035 bonus. However, since his private billing rate was around $300 per hour he still had substantial financial motive to collect plea bounties.

I always wondered why Mistachkin siad he was not paid enough to review discovery with me in open court, until I saw the bills and payments to my other attorneys after I was convicted and obtained complete discovery.

In 2017 – 2018 when I was first arrested and went to trail, public defenders were normally paid $75 an hour and received a $1035 bonus for each class A felony level client they fed through the system and they were allowed up to 150 felony cases per year which is still the current standard for indigent defense.

Below a section of Clerks Papers 58 ‘Attorney Christopher Baum’s Bill’ shows that $1035 bonus payment.

Below a section of Clerks Papers 213 ‘Attorney David Arcuri’s Bill’ shows that $1035 bonus payment.

Do The Math –
Potential Hourly Annual Wage: 40 hours per week x 50 weeks per year x $75 an hour = $150,000 per year.
Potentially Yearly Bonus: 150 felony cases per year x $1035 bonus per felony case = $155,250 in yearly bonuses.

Now answer me this question – Do you really believe public defenders worked hard, fought hard and provided the best defense possible or do you believe, as I experienced, that they tried to quickly force their clients into plea bargains as quickly as possible so that they could more than double their income?!?

Mistachkin’s bill for my case does not show that $1035 charge, so I’m only speculating that he charged Grays Harbor County that $1035 for other clients like other attorneys did. There is however another possibility, based on a conversation with another client of Mistachkins who was in jail with me, David charged about $300 per hour to defend his private clients.

Below is a section of Clerks Papers 76 ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin showing that Mistachkin tried to push me into a plea rather than actually defend against false charges!

How many innocent people did Mistachkin send to prison because he forced them to plea out so he could make more money? Does the type of person who would do that to innocent people deserve to be a judge?!?

Mistachkin Knowingly Failed To File For Dismissal (Part One)

The State read three of my confidential-attorney client notes from the discovery after removing them from envelopes addressed to Mistachkin and took two of the larger sets of notes! Two of them were fully read right in front of me and the other was partially read in front of me.

That first attorney-client violation was actually brought up in court and Mistachkin noted that it was grounds for dismissal so everyone involved was well aware – Mistachkin, the court and the State (prosecution).

My case should have been dismissed (and still should be dismissed) under State v. Perrow, 231 P. 3d 853, 857, 156 Wash.App. 322 (2010) (“Under Cory, dismissal is the sole adequate remedy when, like here, the State intercepts privileged communications between an attorney and client. …. It is not possible to isolate the prejudice resulting from the intrusion. ….”)

In Report of Proceeding February 6, 2018 at pg 19, Mistachkin Notified the court that the intrusion into my attorney client relationship was grounds for dismissal.

I don’t have the Reports of Proceedings scanned in yet; so, I cannot provide a copy of the actual document at this time; but, I did state that in several other filings which I can show you.

Below is a section of my CrR 7 .8 motion (which never got heard because of additional corruption in the Grays Harbor County courts) showing the quote of Mistachkin’s indicating that there was grounds for dismissal and its location on the record.

Despite stating that the intrusion into the attorney-client relationship was grounds for dismissal in court and the fact that there is a lot of caselaw supporting dismissal for violation of attorney-client privileged communication, Mistachkin did not pursue dismissal!

Mistachkin knew that my case had to be dismissed; but, rather than do the right thing and file for dismissal he made up a story that I had threatened him physically to allow him to withdraw.

I believe he did this to protect his political career and a substantial gain in income from becoming a superior court judge.

Mistachkin Knowingly Failed To File For Dismissal (Part Two)

Criminal Court Rules indicate at CrR 3.3:
(b) Time for Trial.
(1) Defendant Detained in Jail. A defendant who is detained in jail shall be brought to trial
within the longer of
(i) 60 days after the commencement date specified in this rule, or
(ii) the time specified under subsection (b)(5).
(h) Dismissal With Prejudice. A charge not brought to trial within the time limit determined under this rule shall be dismissed with prejudice. …

I filed a continuance based on my being able to review discovery.

When Mistachkin, the State and the Court issued the order (Clerks Papers 74 ‘Discovery Order’) mandating that I turn over my notes on discovery to the State I was no longer able to effectively review discovery. Which violated the conditions of my continuance and made that continuance void and invalid.

Since the continuance was no longer valid I was not brought to trial within the 60 days required under CRR 3.3 and dismissal of my case was mandatory; but, Mustache and failed to file for that dismissal!

Mistachkin Failed To Correct The Order

Mistackin, the State and the Court had several opportunities to correct the illegal order – none of them did!

Mistachkin Falsely Claimed His Disabled Client Threatened Him In Some Way

I wanted Mistachkin to file for dismissal; so, I refuse to let Mistachkin withdraw as he was allegedly at the best that Gray Harbor which reflects very poorly on Grays Harbor!

The State had made my case a trophy case so dismissing my case because of his own mistakes would have been political suicide!!! Plus, Mistachkin had screwed up so badly that he could have potentially lost his license to practice law. (He still should lose that license as far as I am concerned!)

So a short time after the Court refused to allow him to withdraw and while he was supposed to investigate the attorney-client violations. I was suddenly called to Court and Mistachkin was allowed to withdraw.

I was never told why he was allowed to withdraw. I found out much later that he had alleged I threatened him. The Court never advised me of what was going on as indicated in the section of my appeal listed below. (See Court Of Appeals Division II, No. 52362-1-II.)

First off, I have extremely high and unstable blood pressure. If I had gotten into a physical fight with Mistachkin I would have endangered my own life because it would have caused my blood pressure to spike and potentially cause the stroke.

Secondly, I’m not stupid enough to get into a physical altercation with an officer of the court!

Thirdly, there exists multiple examples in case law that indicate a threat to an attorney is not a valid reason for that attorney to withdraw. The reasons for this are that there are other options available to protect an attorney’s safety including but not limited to: physical restraint in the court, taser belts, taser shirts, exclusion of the defendant from the court, distancing the defendant from the attorney or having the defendant appear via Zoom!

A criminal defendant cannot force the withdrawal of his court appointed attorney and the appointment of a new attorney simply by assaulting his present counsel during the trial. State v. Fualaau, 228 P. 3d 771, 777 (2010)

This was all some sort of cleverly planned ruse to give the court an excuse to allow Mistachkin to withdraw. It was all handled in a clandestine manner against the very rules of the court. See Code of Judicial Conduct Rule 2.9 (1)(“(A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* before that judge’s court except as follows:….
(b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.)

I was never notified of this substance of the ex-party communication or given the opportunity to respond. The Court was corrupt and broke its own laws and Mistachkin is included in that corruption and law breaking.

MISTACHKIN DID IT ALL FOR POLITICAL AND FINANCIAL PROFIT!!!

This is speculation on my part as I have no paperwork to prove it! I only have circumstantial evidence! Based on the report from the Court of Appeals shown above Mistachkin was concerned about protecting his “professional reputation”. After all, you can’t get elected as a superior court judge if the truth gets out about your perjury, lies, oath breaking, law breaking, et cetera!

And as indicated above, Mistachkin was all about the money!

Others On David Mistachkin’s Misconduct And Lack Of Ethics

Do a search for “david mistachkin ethics violation” on the web (or just click the link https://www.thedailyworld.com/letters/candidates-ethics-questioned/ and you should bring up a Daily World article from October 7th 2016 wherein another Judge says Mistachkin is not ethical!

It also appears that Mistachkin has been sued for his misconduct in ‘Nocita et al v. Leal et al’; but, since he is a judge he is immune and can break the laws he pleases! See https://cases.justia.com/federal/district-courts/washington/wawdce/3:2022cv05741/314884/7/0.pdf .

There is even a petition online to remove moustachekin from working with children. See https://www.change.org/p/grays-harbor-superior-court-get-guardian-ad-litum-investigated-and-disbarred . As I have indicated above my son’s life didn’t matter to him!

The Silent Death Penalty Due To Mistachkin

The price that I paid for Mistachkin’s crimes, political profiteering and financial profiteering was:

  • My son was abused and endangered;
  • I was convicted of crimes I did not commit thereby losing 7 years of my life; and
  • While I was in prison fighting those false convictions I was subjected to the Silent Death Penalty – the murder of prisoners by the State of Washington! I survived three strokes that have left me crippled and in pain for life!!!
  • Plus, my expected life span has been significantly been reduced!

Corrupt Judge Samuel

Judge Vinny Samuel has also begun to show her lack of ethics, bias, law breaking and corruption, based on her refusal to recuse herself from my case and the underlying causes for my request that she recuse herself.

False Findings And Misconduct

I asked Judge Samuel to recuse/disqualify herself because of several incidents: Not being able to actually recall the proper name of my case; trying to force the public defender’s office to pay for a competency evaluation when the law requires another department to pay for said competency evaluation (Judges are expected to know the law.) thereby breaking the law and and denying me time to trial and speedy trail because the public defender’s office had to fight judge Samuel’s ruling in court, denying me the presumption of innocence by trying to indicate that I was a danger to the public based on the alleged charges and without going through an RCW 10.21.060 hearing which I am entitled to.

However, the straw that broke the camel’s back, so to say, was Samuel’s recent and absolutely ludicrous ruling indicating that all my previous attorneys had been effective attorneys and therefore I would be denied further counsel if another attorney chose to withdraw from my case due to my showing they were ineffective, liars, corrupt, et cetera!

Judge Samuel made this allegation and false finding:

  • Without having actually read the record concerning the other attorneys and their actions in my case; and
  • Without allowing me to be heard and address why those attorneys were in fact ineffective counsel, liars, law breakers, rule violators, et cetera!
    (Wash. Code. Jud. Cond. Rule 2.6 – Ensuring The Right To Be Heard (A) A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law. Comments [1] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed.)

By making that ludicrous and I believe illegal ruling judge Samuel violated not only constitutional law but also judicial code of conduct law. (See Code of Judicial Conduct – Terminology – “Law” encompasses court rules as well as statutes, constitutional provisions, and decisional law.”) Therefore, Judge Samuel is unethical and a law breaker and does not belong on the bench! Sadly, she is immune from any legal consequences for her misconduct.

Go take a few minutes and reread ‘Corrupt Mistachkin’, based on the evidence presented there do you think that Mistachkin was effective counsel? Would you want a: child endangering, lying, perjuring, money grubbing, bounty collecting, oath breaking, client betraying person like that as your attorney if your and your childs life depended on it? I think not, yet Judge Samuel made a ruling that he was effective counsel for me!!!!!!!!

Now ask yourself this question, “If a judge thinks that David Mistachkin is an ethical and effective attorney for me as his client, then do you want that type of unethical and corrupt judge sitting on your court, representing your county and bringing more lawsuits against your county?!?

Samuel’s Lack Of Ethics Per The Code of Judicial Conduct

I. Applicability of This Code [of Judicial Conduct]
Comment [1] The Rules in this Code [of Judicial Conduct] have been formulated to address the ethical obligations of any person who serves a judicial function, and are premised upon the supposition that a uniform system of ethical principles should apply to all those authorized to perform judicial functions.

Therefore when Judge Samuel violates the code of judicial conduct she violates her ethical obligations and is in fact unethical per the law!

Samuel’s Law Breaking Per The Code of Judicial Conduct

Code of Judicial Conduct – Terminology – “Law” encompasses court rules as well as statutes, constitutional provisions, and decisional law.”

Based on how I read the definition above and Code of Judicial Conduct Canon 1, Rule 1.1, when Samuel breaks one of the judicial codes she is also breaking the law!

Samuel’s Breaking The Law By Breaking The Code of Judicial Conduct

Based on my understanding of the code of judicial conduct and its definition as a law, Judge Samuel has violated several of those Judicial Codes and therefore shown herself as unethical and a law breaker by ruling that my past counsel were all effective, including the obvious ineffective and corrupt David Mistachkin, without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel.

Samuel’s Breaking CANON 1 – A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY.

RULE 1.1 Compliance with the Law: A judge shall comply with the law, including the Code of Judicial Conduct.

Mistachkin was obviously ineffective and corrupt! By ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel , Judge Samuel appears to have broken CJC Rule 1.1 and the law! Therefore, she Is unethical and does not belong on the bench as a judge!

RULE 1.2 Promoting Confidence in the Judiciary: A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Comment [5] Actual improprieties include violations of law, court rules, or provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge.

Mistachkin was obviously ineffective and corrupt! By ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel , Judge Samuel appears to have broken CJC Rule 1.2 and the law! Therefore, she Is unethical and does not belong on the bench as a judge!

Samuel’s Breaking CANON 2 – A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY.

RULE 2.2 Impartiality and Fairness: A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.

Comment [1] To ensure impartiality and fairness to all parties, a judge must be objective and open-minded.

Mistachkin was obviously ineffective and corrupt! By ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel, Judge Samuel appears to have broken CJC Rule 2.2 and the law! Therefore, she Is unethical and does not belong on the bench as a judge!

RULE 2.3 Bias, Prejudice, and Harassment:
(A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.
(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, and shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so.

Mistachkin was obviously ineffective and corrupt! By ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel, Judge Samuel appears to have broken CJC Rule 2.3 and the law! Therefore, she Is unethical and does not belong on the bench as a judge!

RULE 2.5 Competence, Diligence, and Cooperation:
(A) A judge shall perform judicial and administrative duties, competently and diligently.

Comment [1] Competence in the performance of judicial duties requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary to perform a judge’s responsibilities of judicial office.

Mistachkin was obviously ineffective and corrupt! By ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel, Judge Samuel appears to have broken CJC Rule 2.5 and the law! Therefore, she Is unethical and does not belong on the bench as a judge!

RULE 2.6 Ensuring the Right to Be Heard:
(A) A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law.

Comment [1] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed.

Mistachkin was obviously ineffective and corrupt! By ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel, Judge Samuel appears to have broken CJC Rule 2.6 and the law! Therefore, she Is unethical and does not belong on the bench as a judge!

RULE 2.11 Disqualification
(A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:

Comment
[1] Under this Rule, a judge is disqualified whenever the judge’s impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (5) apply. In many jurisdictions in Washington, the term “recusal” is used interchangeably with the term “disqualification.”
[2] A judge’s obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed.

There’s no question that Judge Samuel’s impartiality “might reasonably be questioned’ based on her ruling that all my previous public defenders, including Mistachkin, provided effective assistance of counsel without actually checking the facts, allowing me to be heard or making any specific findings as to why they were all allegedly effective counsel. Judge Samuel should disqualify herself from my case!!! Her failure to do so despite my request indicates she Is unethical and does not belong on the bench as a judge!

Samuel’s Is Breaking Constitutional Law By Violating My Constitutional Rights To Free Speech And Petition (US Constitution Amendment 1; Washington Constitution Article 1, sections 4, 5, 10 and11)

By ruling that I cannot get another public defender if my current public defender withdraws Judge Samuel has effectively created what is called a prior restraint on my First Amendment rights. Specifically, my First Amendment rights to:

  • Free Speech; because, I’m effectively blocked from talking about any lies or misconduct by my new public defender because if I do so I will lose legal representation but if I don’t do so then I could be convicted due to ineffective representation; and
  • Petition; because, I cannot petition the court for a new public defender if I find out that this one is as corrupt and ineffective as Mistachkin.

Prior Restraints On Free Speech And Petition Are Illegal Per Decisional Law.
State v. Coe, 679 P. 2d 353, 374, 101 Wn.2d 364 (1984) (“Prior restraints on speech and press are governed by article 1, section 5 of the Washington Constitution, which states:
‘Freedom of Speech. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.’
Appellant correctly points out that, unlike the first amendment to the United States Constitution, the plain language of Const. art. 1, § 5 seems to rule out prior restraints under any circumstances, leaving the State with only post-publication sanctions to punish abuse of free speech rights.”)

Yet, Judge Samuel has chosen to violate this decisional law and restrain both my free speech and my right to petition prior to me making any actual statement or filing.

In re Marriage of Meredith, 201 P. 3d 1056, 1061, 148 Wash.App. 887 (2009) (“The First Amendment of the United States Constitution prohibits the government from interfering with a person’s ‘freedom of speech” and “right … to petition the Government for a redress of grievances.’”)

As Judge Samuel’s ruling stands I cannot redress grievances against assigned counsel even though those grievances are directly related to violations of the rules of professional conduct and the guidelines of effect of assistance of counsel!

Samuel’s Is Breaking Constitutional Law By Violating My Constitutional Rights To Due Process (US Constitution Amendments 5, 14; Washington Constitution Article 1, section 3)

Lying to a client is not only a breach of ethics under the rules of professional conduct it is also a violation of the attorney client relationship and a conflict of interest if the attorney states he did not lie. There is decisional law that clearly indicates that if an attorney is accused of lying and the attorney says that he did not lie, then he is testifying against his client which is a conflict of interest.

If my attorneys wished me not to report them to the court, then all they had to do was:

  • Follow their own rules as set forth in the Rules of Professional Conduct;
  • Not lie to me;
  • File the motions for dismissal; and
  • Provide me an effective defense based on the standards set forth in ‘LexisNexis® Practice Guide: Washington Criminal Law’ by Linda S. Portnoy and Lisa M. Leone’ and also ‘Criminal Practice and Procedure, 3d (Vols. 12 and 13, Washington Practice Series)’ by Royce A. Ferguson, Jr.

As I previously indicated, In re Disciplinary Proceeding Against Dann, 960 P. 2d 416, 419, 136 Wash.2d 67 (1998) indicates (“RPC 8.4(c) provides that “[it] is professional misconduct for a lawyer to … [e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Simply put, the question is whether the attorney lied. No ethical duty could be plainer.”

When an attorney lies to a client they break RPC 4.8(c). Therefore they are unethical and engaging in misconduct against their client and the court!

How can you be expected to trust someone with the most critical issues in your and your child’s life when they openly and blatantly lie to you. I can’t. Can and would you?

Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978)). (“To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort, see North Carolina v. Pearce, supra, at 738 (opinion of Black, J.), and for an agent of the State to pursue a course of action whose objective is to penalize a person’s reliance on his legal rights is “patently unconstitutional.” Chaffin v. Stynchcombe, supra, at 32-33, n. 20. See United States v. Jackson, 390 U. S. 570.”)

I have not broken any law concerning my reporting of my past attorneys for lying, other misconduct and ineffective assistance to the court. I have just told the truths about their misconduct; yet, Samuel’s is punishing me for it and blocking me from it! Therefore, she is violating my right to due process under the law and breaking the law!

Samuel’s Is Breaking Constitutional Law By Violating My Constitutional Rights To Equal Protection Under The Law (US Constitution Amendments 14; Washington Constitution Article 1, section 12)

This violation is simple to understand, other people can petition and notify the courts concerning the misconduct of their attorney – I can’t or I lose any and all future attorneys!

Samuel’s Is Breaking Constitutional Law By Violating My Constitutional Rights To Effective Assistance Of Counsel (US Constitution Amendments 6; Washington Constitution Article 1, section 22)

I have an absolute constitutional right to the effective assistance of council!

MATTER OF PERSONAL RESTRAINT OF RILEY, 122 Wn.2d 772, 779-780, 863 P. 2d 554 (1993) (“The sixth amendment to the United States Constitution guarantees a criminal defendant the right “to have the assistance of counsel for his defense.” U.S. Const. amend. 6. The right to counsel means the right to the effective assistance of counsel.”) (citing Strickland v. Washington, 466 U.S. 668, 686, 80 L.Ed.2d 674, 104 S.Ct. 2052 (1984) and McMann v. Richardson, 397 U.S. 759, 771 n. 14, 25 L.Ed. 763, 90 S.Ct. 1441 (1970)).

Evitts v. Lucey, 469 US 387, 396-397 (1985) (“[A] party whose counsel is unable to provide effective representation is in no better position than one who has no counsel at all…. like the promise of Gideon that a criminal defendant has a right to counsel at trial — would be a futile gesture unless it comprehended the right to the effective assistance of counsel.”)

Judge Samuel’s ruling has effectively forced me into what is called a Hobson’s Choice which is a choice between two constitutional rights – my First Amendment rights to Free Speech and Petition verses my Sixth Amendment rights to Counsel and Effective Counsel.

Judge Samuel Is Breaking Constitutional Law By Violating My Constitutional Rights To Appeal And Habeas Corpus (US Constitution Article 1, section 9, clause 2; Washington Constitution Article 1, section 22)

US Constitution – Article I, Section 9, Clause 2 Habeas Corpus
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Washington Constitution – Article I, Section 13 Habeas Corpus
“The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety requires it.”

Washington Constitution – Article I, Section 22 Rights Of The Accused
In criminal prosecutions the accused shall have the right to … appeal in all cases….”

How does Samuel’s ruling affect my right to Habeas Corpus and Appeal?

State v. Grier, 246 P. 3d 1260,1266-1267, 171 Wash.2d 17 (2011) (“When an ineffective assistance claim is raised on appeal, the reviewing court may consider only facts within the record.“)

State v. Grier, 246 P. 3d 1260,1268, 171 Wash.2d 17 (2011) (“In Strickland, the United States Supreme Court set forth the prevailing standard under the Sixth Amendment for reversal of criminal convictions based on ineffective assistance of counsel. [Strickland v Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674. Under Strickland, ineffective assistance is a two-pronged inquiry:

‘First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the `counsel’ guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction… resulted from a breakdown in the adversary process that renders the result unreliable.’”)

In order to show ineffective assistance of counsel I must do two things:

  • Show deficient performance, and
  • Show prejudice that deprived me of a fair trial.

However in order to show the two Strickland factors for ineffective assistance on appeal and habeas corpus the proof must be on the record (written in court records or in the reports of proceedings which are record of what was said in court). Since I can’t put them on the record for fear of current council withdrawing and being denied future counsel – I am effectively denied my right to appeal and to habeas corpus!

Plus, State v. Hill, 123 Wn.2d 641, 647, 870 P.2d 313 (1994) (Unchallenged findings are verities on appeal.) Meaning that if I do not challenge Samuel’s findings as to my past counsel being effective, then they become legal fact even if they are lies!!!

CAN YOU BELIEVE THAT? OUR COURTS TAKE LIES AND MAKE THEM TRUE FACTS. CORRUPT, CORRUPT, CORRUPT!!!

Judge Samuel’s ruling has effectively forced me into multiple Hobson’s Choice’s and Prior Restraints between – my First Amendment rights to Free Speech and Petition verses my constitutional rights to Appeal and Habeas Corpus!

Judge Samuel should undo her ruling that all my past counsel was effective and recuse herself from my case!

Further, Judge Samuel doesn’t belong on the bench as a judge! She’s using her judicial immunity to openly break the law – Constitutional law, decisional law, and Code of Judicial Conduct law!

Disclaimers – The information herein are my allegations against David Mistachkin and Vini Samuel based on the court records and memories that I have they have not been proven in a court of law. Both judges are technically innocent until proven guilty which will never happen as both Judge Mistachkin and Judge Samuel are immuno-criminals and free to break the law as they please due to their immunity as judges! (However, Mistachkin may face justice for his act as an attorney if I can find another attorney willing to take him on.) Where I can I have given you the locations on the record of the facts so you can check the facts out for yourself.
Please note that when I indicate the “State” it is just a legal term for the Prosecution. In my case, a prosecution that consisted primarily of deputy prosecutor Erin Riley and now judge Katherine L. Svoboda. Riley was known to be corrupt and unethical. Don’t take my word for it – State vs Perez, Court of Appeals No. 48117-1-II, 2016 Wash App Lexis 3049 (Dec. 20 2016). Svoboda knew about Riley’s misconduct in my case and did nothing, so she too is corrupt.

Corrupt Cops

“Police officers are among the most corrupt people that I have encountered in life.” — Steven Magee

I had multiple corrupt cops In my case. The two worse were: Ramirez who lied on the stand and violated my Miranda Rights and therefor my constitutional rights to counsel and no forced self incrimination. Holmes who committed perjury!

Naturally, no photos, videos or recordings existed to show the cops wrong doing in my cases – despite access to phones, video cameras and hand held recorders! All convieniently not working at the time of incidents. Can you say – COVER-UP!

Based on research it has been proven that corruption is rampant within law enforcement – some studies have shown that over 40% of cops commit perjury in court.

Ethical Judges, Councel and Cops? – I know that there are ethical and uncorrupt judges, council and cops. I’ve met a few of them; however, they are rare in the Grays Harbor Superior Court and Grays Harbor Sheriffs Department.

ATTEMPTED MURDER

“That badge isn’t a free pass! It is a responsibility!”- Unknown

  • WANT TO HELP STOP POLICE MURDER OF MINORITIES, HOMELESS AND LOW INCOME PEOPLE;
  • “The perception is that police brutality is exclusive to African Americans, which is not true.” Jagdish Khubchandani. Hispanics accounted for nearly 20% of all people killed by policebetween2011 and 2020.
  • George Floyd told police “I can’t breathe” over 20 times.
  • I begged Lt. James Byrd (Who I had previously had legal action against.) and Officer Muro for several hours during transport to get me to an emergency room so I could get IV based Hydralazine emergency treatment for my ultra high blood pressure episode (up to 257 systolic at that time) and to give me my nitroglycerin for my chest pain and blood pressure. I counted as we went by NINE hospitals from Monroe Correction Center to Grays Harbor County Jail. I even cited case law to them about their legal duty to provide prescribed medication – pill based hydralazine, clonidine and nitroglycerine and their legal duty to protect me! NOTHING!
  • Once I reached Grays Harbor, after hours on the road risking stroke, they had to call an ambulance to get me to an ER! I could have died at any point on that trip! This happened after my conviction had been overturned and I was no longer guilty of anything!!!
  • I filed a complaint with the court and it was ignored!!! (P.S. I know that there are state and federal agencies responsible for investigating abuse by police if you know who they are and how to contact them please let me know!)