- Report: #652612
Report - Rebuttal - Arbitrate
Complaint Review: SCOTTSDALE CITY COURT
SCOTTSDALE CITY COURT3700 N. 75th St. Scottsdale, Arizona United States of America
SCOTTSDALE CITY COURT Judge Nancy Lewis, Prosecutor Ken Flint and Court withholds evidence in cases to secure Plea Agreements, then spins the evidence against the defendants for larger restitutions in Scottsdale, Arizona
*Consumer Comment: Why You Lost
The following story is about corruption in Scottsdale Courts. The Officers involved are Judge Nancy Lewis, Prosecutor Ken Flint and Public Defender Eugene Marquez. As you clearly read this story, you will find I have been handed a corrupt case against me that resulted in a Restitution of over $6,500.00 as a result of Corrupt Court Officers in
I am a near homeless person, if it was not for the fact that my friends like me, I would not have a place to stay. I feel this case was easily enticed because of my financial downfall and inability to fight back in this case because of the lack of money to hire a paid Lawyer to protect my rights.
Where I am from, this corruption would never happen in that state or you would be on the News. I am currently trying to fight this case and the Judge Nancy Lewis and Chief Judge for Scottsdale Courts keep denying my Motions because I am not represented by a Lawyer. They keep telling me I already Pled Guilty and told the Court this. I Faxed a Copy to the Court that I did not sign that Plea Agreement and denied the guilt and damages. I have made the request for a new Public Defender and they denied that too. (Just found out the Public Defender (Eugene Marquez) is no longer working with the city. Found out on
If Lawyer/Media reads this, please contact me!
I am still fighting as of October 17th against paying for corruption. They violated my Civil Rights, and then wont do a thing to correct the corruption. All requests have been denied and I face a Court hearing on October 26th for Probation Violation for not making payments on this $6,500.00+ restitution. I am out of work and near homeless status. The court has not replied too any of my requests by formal notification.
I was defending myself and the Video the Bar provided to the Prosecutors Office would show me being physically attacked by the 3 Bar Staff at Zipps Sports Bar on
I want to tell everyone, STAY AWAY FROM ZIPPS SPORTS BAR ON CAMELBACK ROAD, THEY USE VIDEO AGAINST THEIR PATRONS AND THEN THE CITY COURT COVERS UP THE EVIDENCE WHEN THEY DO SOMETHING WRONG!
I went to school to be a Police Officer back in the early to mid 1980s, so I know when a persons Civil Rights are being violated and this case is proof.
Read the story as it unfolds.
At closing time, the female bartender said to me, we close in 5 minutes. I finished up my glass of water and prepared to leave. I had only had Two Beers and Two Glasses of Water, the water was in a Clear Plastic, 16 Ounce Cup. A few minutes later the Manager (Who didnt identify himself at this time) walks up to me and nudges my left arm and says Lets go, your leaving! I said to the bartender, Did you see that, he pushed me? She was just turning around and seen it and didnt say a word but made a face at him. I then said, You dont have to get pushy. I knew the place was on Video because I seen the hidden Cameras as I was sitting at the Bar. (There are no signs at the Bar entryways or on the walls either) This will show up in a Video. This may be another reason why the Video was with held, they know it is illegal if not posted.
I was standing up and went too toss my empty plastic water glass into the trash and it hit the edge of the trash can and bounced.(I have obtained a copy of the picture now on October 15th, 2010 and the picture clearly shows me looking down with my arm in the air holding the plastic glass like I am aiming for the trash, you can see my head is tilted downward and facing the trash can). This trash can is about a Foot away, maybe Two Feet. That is when the waitress attached me from the back, left side of the manager. She came at me face to face yelling something and I had to push her back to protect from being swung at. I said to her Dont go getting involved in things that arent your business!! She snapped instantly. Now I have two people pushing on me as I am walking sideways and leaving the Bar. I got out the door and they locked it behind me. I thought I left my keys on the counter, so I rattled the door and another waitress came from around the corner through the patio and said there werent any keys on the Bar.
They both then came from around the patio area because she came out alone. While outside having an exchange of words with them and telling him some day somebody is going to kick the shit out of you buddy! Then another person got involved and more pushing and shoving started. Upon trying to leave the Police arrived and the Manager told the Police I went after the staff. The Police attacked me and I was yelling I am not resisting, stop the brutality, youre twisting my arm out of the socket. Police have Video and Voice Recordings on their cars. I was injured by Scottsdale, Arizona Police. The Police refused me medical attention too upon arrival to the Jail. To this day, my arm socket doesnt rotate properly, the socket clicks when it is rotating over my shoulder height and my arm gets fatigued. A Lawsuit should have happened but Lawyers wont take cases against the Police. If I could find a Lawyer I would surely file a suit and go all the way with it to Court records.
I was taken to Jail because the Bar Manager (Nick Walker) told the Police I did damage to a Lamp. Police write that on the report and stuck me with three charges. The Police never took pictures of any damages at the time of this incident. This is crucial to remember later because more hidden evidence appears. The Police never viewed the Video, just took his word and the Bar submitted this Video to the Prosecution (Ken Flint) later. They withheld this Video from day one. Yet they state in the Court rules that both sides of any case must divulge their evidence so the opposing team can create their case. This was not the case for me. There was a lot of evidence withheld and my defense Lawyer (Eugene Marquez) failed to protect my rights. Nice job Eugene Marquez, I hope you feel good about yourself now and what you have done!
Prior to the
I made a request at the
The case progresses to Pre Trial Court where I I make the request to the Public Defender (Eugene Marquez) to obtain that Video because it will prove they started this incident and the case should be dismissed against me. I also requested for him to obtain the Voice Recordings and Video from the Police cars as well. These never surfaced either.
I Told the Public Defender (Eugene Marquez) I have never been arrested nor had any tickets in
Public Defender (Eugene Marquez) told me that we will get together and discuss this case in his office to prepare a defense. He said these statements in front of my witness. She was present at every Court appearance. Because I know how Public Defenders like Eugene Marquez operate and I needed a witness throughout this case.
I asked to speak with the Manager in a conference and the Public Defender (Eugene Marquez) told me to stay away from Nick Walker and the Bar where this happened. Now does this attempt to apologize sound like someone not wanting to express remorse?
After the first Pre-Trial appearance, Public Defender (Eugene Marquez) appeared to be an aggressive type Public Defender (Eugene Marquez) by the way he talked. He was very smooth. Come to learn during our appearances he was corrupt as the Prosecutor (Ken Flint).
While we were at the Pre-Trial Court appearance, the Prosecutor(Ken Flint) requested a 1000 foot boundary to keep me away from the Bar because he said The Bar staff said they had seen me walking around the Bar a few times making clapping noises and other gestures to the staff. LIES, LIES!! I hate liars and more so corrupt Court liars.
I asked the Public Defender (Eugene Marquez) to ask him when this happened. He just sat there and did nothing. He told me, Not to worry about it because they say that all the time. I said I am worried about it because this goes on Court record and its a lie!!
This was a complete lie because I left
The second court visit there was talk and that the video has not been turned over yet. Public Defender told me that we will get together and discuss this case in his office to prepare a defense. He said these statements in front of my witness. She was present at every court appearance. Because I know how Public Defenders operate and I needed a witness throughout this case.
I was out of
There is no way the Video isnt available, it doesnt take that long to obtain Video from any business involving charges. The Video was withheld against me because it would prove the Bar started this. Withholding this Video would also prevent the Bar from being sued in any damages caused against me for Court corruption.
This is now the Trial day. I met Eugene Marquez in the entry way at the Court House and I still asked where the Video was and why he never met with me like he said he would. He didnt answer. Just said to me that He has this all worked out and half the charges were dropped to the lesser charges. We went into an office to talk outside the Court room and he told me He had this all worked out and if I should accept this deal, then he would write a brief to the Court on my behalf to explain that I have no prior record and deserve the lowest consequences to me. (another lie). While talking and doing his convincing act, He told me You never win these cases because its their word against yours and they have witnesses and evidence. I mean this guy was laying the convincing theory on very thick to get me too take this Plea Agreement. He told me this case would be dismissed from the record after all the commitments were completed. I knew better then too believe that and trust him now but he made me believe I had no choice. I was listening to him tell me that, the Prosecutor(Ken Flint) dropped three charges to lesser charges and offered 2 years Unsupervised Probation, pay for the Lamp of $125.00(no pictures or evidence remember) that they claimed was damaged and pay for the Dentist visit of the Manager(Nick Walker) of $271.00. Public Defender (Eugene Marquez) also told me I would have to attend an Anger Management Class for One or Two days. This turned out to be 20 days at 2 hours a day for the cost of $400.00 THANK YOU EUGENE MARQUEZ YOU CORRUPT PUBLIC DEFENDER!!!!(read the full restitution against me as this statement is written).
After Court was over, I was walking out of the Court room right behind him by about 50 feet. I had to wait for paper work from the Court Clerk. I then walked fast out the door to try and catch Eugene Marquez because I wanted to talk to him. This guy would not stop to talk to me, got into his car and sped out of the Scottsdale Court Parking Lot on Two Wheels. I watched him drive away and waving my arms to him. My witness even seen he avoided me too.
This is when the light bulb turned on in my head and I started shaking about what was about to happen at the Sentence Hearing. I was seriously sweating and hyperventilating.
After the Trial Court appearance I went home and wrote a 3 page letter to the Court telling them what Public Defender (Eugene Marquez) just convinced me to do and stated that he was corrupt and failed to provide me with a defense.
I appeared in
During the Sentencing Hearing, the Prosecutor (Ken Flint) brought up new evidence that was not submitted prior to the Trial date (there was no trial). He started talking about the incident and what he would show for his side of the case and Eugene Marquez just sat there silently. He didnt object to anything.
Prosecutor (Ken Flint) told the court that I caused damage in the excess of $6000.00 to the Bar and Staff. He told the Court that there was Dental damages to Nick Walkers mouth and there was a Dentist statement provided at this time (NOT PRIOR TO TRAIL DATE WHEN THE PLEA WAS VERBALLY ACCEPTED). Prosecutor Ken Flint, slid this statement across the table in front of me and I did not even have 30 seconds to read this.
The statement made by the Dentist stated and I quote I advised the patient that replacing the bridge without further reasin or indication is not recommended, it may do more harm than good. Re-evaluation is recommeneded for 5 years. Nick was only provided with a statement that told him of the possible charges in the future. The Dentist also says Without a magic ball to predict the future and there is no way to determine any further damages
No major dental repairs were done and the court ordered me to pay for something that did not happen to the cost of $4,000.00. THEY STARTED THIS ALTERCATION!
OMG-I just seen while I was reading, where the evidence from the dentist says the damages to Nicks mouth was repaired back in July of 2008The Court accepted this statement and its wrong.
THEREFORE ISN'T THIS A LEGIT REASON FOR DISMISSAL? The incident was on June 10th of 2009. This is October of 2010. THIS IS GETTING LARGER THEN LIFE FOR CORRUPTION.
I was sitting at the Court table, when Prosecutor (Ken Flint) slid a photo on to the table in front of me. It shows me holding that plastic water cup in the air and you can clearly see me aiming for the trash can. This picture did not sit there any longer then 15 SECONDS AND KEN FLINT GRABBED IT OUT OF MY HAND. You can see that on Court Video too. THIS EVIDENCE WAS NOT SUBMITTED TO THE DEFENSE FOR REVIEW ANY TIME BEFORE THIS HEARING. This is corrupt evidence and corrupt Public Defender for letting this case go this far!!! The photo is dark and leaves a huge open lie, but you can see my looking down at the trash can. THAT MEANS IT DOESNT SHOW ANY PROOF THAT I CAUSED DAMAGE TO A TV LIKE THEY CLAIM. How can a Court accept a picture of something being tossed in a trash can as evidence that it damaged a TV? THE TVS are up on a wall where the camera was taking this Video from!!!! Those TVS are over 8 feet away. REMEMBER THE PLASTIC WATER GLASS WAS EMPTY AND HEADED FOR THE TRASH CAN!!
Where was Public Defender (Eugene Marquez)? He was sitting right there and did nothing about the withheld evidence against me. I said something to Eugene Marquez and he just said See you did this damage and you deserve to pay!!!!!!!!! This picture came from the Video and should have not been allowed into evidence if they were not going to show the timeline of the situation to prove the states case. BUT THE CORRUPT PUBLIC DEFENDER (Eugene Marquez) would not do a thing.
I told him too object to this line of leading questions and he told me to Sit there and shut up.
I almost fell out of my chair. I was seriously sick!!!! I WAS BEING RAILROADED.
I was sitting in Court and wondering what is seriously wrong with the justice in this place. There is no justice and they violate peoples rights and the Judge protects those rights of their Lawyers before any citizen. This is clear as you keep reading.
After that Photo and Dentist statement, the Prosecutor (Ken Flint) had Nick Walker called to the stand and while sitting there, he asked Nick Walker how he hurt his mouth. The Prosecutor (Ken Flint) said, How did you hurt your mouth, was it by bumping it? His reply was He must have caught an elbow or shoulder or something, thats how he guessed it happened. (He didn't say, it was my shoulder and he didnt point to me, because he hit the girls shoulder in the scuffle and he knows this. Nick Walker even said that while the incident was transpiring that he is hurt from hitting her shoulder.) The Public Defender (Eugene Marquez) should have objected. This is leading the witness and I said something to Public Defender (Eugene Marquez) to object, he just sat there and told me to SHUSH. I started making coughing noises to the Judge but she wouldnt look. Nick Walker lied on the stand and told the Court that I was walking around the Bar that evening making clapping noises, other gestures and disturbing other patrons. THIS WAS A FLAT OUT LIE AND THE VIDEO WOULD PROVE IT!! I was not at the Bar all evening, I had only been there Two Hours! The man is a lair and lied under Oath to get these charges elevated against me in this case of corruption.
While he is still on the stand, the Prosecutor (Ken Flint) brings up this TV that they claim was ruined also by me. There was no TV listed on the Police Report as evidence, nor were there any pictures taken of damages. Not one piece of proof was taken into evidence by Police to protect the states case for
There were no pictures taken of Nick Walkers face either if he was hurt. The Insurance company filed a subrogation claim against me and said they paid out Nick Walker $4252.00 for damages. The Dentist statement, like I said was $271.00, not $4252.00.
THIS IS CLAIM EVIDENCE WITHHELD IN THE CASE UNTIL THE SENTENCE HEARING!!!!!! The insurance companies claim is bogus and they should have had to prove their case by taking me too Civil Court to get those damages and an honest Judge would have tossed this case out of Court. By taking me to Court the civilly, they would have to show that Video and that would mean, they would lose this case. So the corrupt Prosecutor (Ken Flint) worked with corrupt Public Defender (Eugene Marquez to secure a CORRUPT Verbal Plea Agreement.
At the end of the Sentence Hearing, the Judge asked me if I had anything to say and I said Yes, this case is corruption and the Public Defender is a LIAR. He was telling me statements that were not true and telling me things to con me into accepting this Plea Agreement. Then I said All the evidence was withheld against me prior to the Trial Hearing.
That is when Judge (Nancy Lewis) ordered a RULE 32 HEARING AND TOLD ALL PARTIES TO STOP TALKING. The Prosecutor (Ken Flint) blurted out something to defend his case and Judge Nancy Lewis told him to Be quiet and we will discuss it later.
THEY ARE WITHHOLDING EVIDENCE AND NOW SOMEONE SPOKE UP ON THE COURT RECORDING THAT THE CASE WAS CORRUPT.
At the RULE 32 HEARING, I didnt get a chance to speak because she only asked the Two Lawyer their statements to defend this case. They both said how they been Lawyers for so many years and have many successful cases. Eugene Marquez even lied to Judge (Nancy Lewis) that he had made the proper contact with me and returned all my calls. He even made a claim that my number was disconnected. I have bills to prove he is lying. He even offered up his phone records to prove he did call me.He did this at the same time I said, Let me show mine she said Nobody is showing anything. Then she turned and said too me, I find no basis for your claim and deny any statements you have to say about this case. You need to take responsibility for your actions and you will pay for those today. During the hearing, the Prosecutor (Ken Flint) told the Court the Video Was too damaging to show! HE WAS RIGHT, IT WAS TOO DAMAGING TO SHOW AGAINST THE BAR, NOT ME. Thats why he said that to tip her off.
Who ever heard of something being too damaging to show when it would support the states case against a defendant who was facing 6 charges? HUH!!! Nobody, they always show the videos. HE IS CLEARLY HIDING CORRUPTION.
Near the end of this RULE 32 Hearing, Judge (Nancy Lewis) asked me Do you have anything to add to your statements that you have already submitted? I said Yes, I would like to discuss them. She replied with NO, if you dont have anything new to say, then I am not going to hear it. This is clearly a violation of my right to speak. We were having a RULE 32 Hearing. While sitting there I asked her to move the Jail dates Two Weeks later because I was having Dental Implant removal for a failed implant and I would not like to be sitting in Jail or miss this appointment because it has been scheduled for months. Her reply was NO. That is when she told the Court Clerk to call in a deputy and take me too the Jail to start my 5 day sentence. I was in shock!! She said You are not going to show up here on Monday and pull some crap like you did last month to get out of taking care of your responsibilities. I had the right to file an Appeal and since this RULE 32 Hearing was already nearing the 90 day deadline since the Trial date, she knew locking me up would put me past any time needed too file an Appeal. Nancy Lewis is a visiting Judge to
Judge Nancy Lewis should have dismissed this case right early. Now she is part of the corruption as well. The Chief Justice for
I filed a formal complaint with the Arizona State Bar against Eugene Marquez. The Bar denied pursuing any investigation into this corruption against me. They stated that they do not get involved in cases against City/County or Judges. CORRUPTION!
At the end of May,
I appeared on April 8th and applied for another Public Defender. I was approved for a Public Defender. A new court date was ordered.
I will hold off as long as I can to avoid making any payments, so I could obtain help with Appeals. There is obviously a lot of evidence here to support my Appeal. I just need legal help.
I have submitted statements on November, 20th, 2009, January 14th, 2010, January 23rd, 2010, March 25th, 2010, April 6th, 2010, July 5th, 2010, August 30th 2010, August 31st, 2010, October7th, 2010 and twice on October 15th, 2010. NOT ONE REPLY OR ACCEPTANCE OF A NEW HEARING REQUEST OR ACCEPTANCE TO HEAR ANY MOTIONS. All documents were filed with the Court by sending them through the Fax Telephone lines. This is an acceptable practice in Courts. The July 5th statement was a copy of the Unsigned Plea Agreement that I remembered I did not sign.
The basis for submitting that document was to prove too another Judge that I deny the agreement. I also stated that in this land our word is not binding and a written statement of a signature confirms a persons word. But the Courts are allowed to make a provision too accept an unsigned document? That is wrong. Especially when that person comes forward and makes a very large statement against the corrupt proceedings against them by providing the Court with many statements to defend one persons own honor.
This Second RULE 32 Hearing was ordered by another Judge because he read my statements of the case, that I submitted and said You are allowed to have your say at the Hearing and Judge Lewis should not have denied you that right. At the Hearing, Judge Lewis was confused and thinking I was requesting a modification of the Probation Violation Orders that they have me on for this case. It was at this time that I spoke up about what she did to me at the Sentence Hearing when she had me locked up to avoid me the right to file an Appeal against this case. She denied accepting my basis for the hearing because she was unclear and the Court clerk had the wrong statement written down. I walked out of the
This is now the middle of October, 2010 and I am appearing in Court on October 26th to appear for violating probation by not making payments of the required $300.00 a month. I do not have any job, income or property I can sell too pay this off. I am not guilty of these damages and the lack of evidence is heartbreaking to sit and watch this corruption unfold. I went to school to be a Police Officer after I got out of high school. But after going on ride-alongs with the local Police where I am from, I decided being a Cop was not something I wanted to be. This case is the reason why I am not.
I strongly encourage people to get involved in Policing the Police and Courts in
Letters to Governor Jan Brewer, the Scottsdale Mayor (twice), Scottsdale City Council and the Attorney General for
Down and out in corrupt
This report was posted on Ripoff Report on 10/19/2010 01:15 AM and is a permanent record located here: http://www.ripoffreport.com/r/SCOTTSDALE-CITY-COURT/Scottsdale-Arizona-85251/SCOTTSDALE-CITY-COURT-Judge-Nancy-Lewis-Prosecutor-Ken-Flint-and-Court-withholds-evidenc-652612. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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