Justice
For Nolan Klein
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NOLAN’S LEGAL FIGHT
Update: December 6, 2009,
provided by Tonja Brown, Nolan's sister
tonjamasrod40@aol.com
Letters are going out to
individuals who contributed to those running for re-election. The Las Vegas Review
Journal did a story on Judge James Hardesty years ago on the missing money he had to pay back
Here is the story in the Las Vegas Review Journal on Hardesty and the jury ordering him to pay back the money in excess of $333,000.00. I will go and check on the other lawsuit where Hardesty was named a defendant in 1999.
http://www.reviewjournal.com/lvrj_home/2004/Aug-21-Sat-2004/news/24527230.html
As a reminder that every member of the Pardons Board knew on June 24, 2009, that the prosecuting attorney, Ron Rachow, made notes in the file that he was not turning over any of the Materiality and Exculpatory evidence that showed someone else was responsible for the crime that Nolan Klein was convicted of.
They also knew that the Washoe
County DA's office has been covering up the wrong doings of the Washoe County District Attorney's office for the last 21 years and the Pardons Board members chose to protect the wrong doings of Rachow when they refused to place him on the November's agenda for an exoneration.
On Dec. 3, 2009, attorney Treva Hearne filed a Reply along with my Affidavit with the 9th
Circuit Court of Appeals about the evidence that was found in the file in June that supports Nolan's claims. Now AG Masto is trying to get it dismissed.
I have attached my sworn affidavit that was filed with the 9th
Circuit with our Reply as to why it should not be dismissed. On November 19, 2009,
every member of the Pardons Board was given the documents that Masto received in September 2009.
Right now I am working on contacting those persons who contributed to these 4
members: Justices Parraguarre and Hardesty, Governor Gibbons, and Attorney General Katherine Cortez-Masto,
this to inform them that these people chose to protect the wrongdoings of
the Washoe County District Attorney's office at the expense of an innocent man. Several people contributed thousands of dollars to their campaigns. I think the voters should know along with their contributors in case they would like to contribute to another candidate who is considering running against these four members of the Pardons Board.
Letters will be going out soon with the documents to show how the Pardons Board
members are covering up the wrongdoings of the DA's office. You can quote me on it.
I will be providing these documents along with others for the record at the upcoming Advisory Commission on the Administration of Justice.
During his campaign, Hardesty said he would like the Supreme Court to take "more active steps" in lawyer discipline. "We need to require lawyers to follow the rules, and the court needs to enforce those rules, and I'm not sure we've done it as effectively as we could in the past," the judge said.
Hardesty was elected to the District Court bench in 1998 after facing some controversy of his own. One of his opponents used a 1994 jury verdict to characterize Hardesty as untrustworthy.
Jurors in the case required Hardesty to pay $335,270 to the beneficiaries of a trust fund after his client, the trustee, drained the trust.
The trust was established by Adele Trelease, who was diagnosed with cancer in 1982. Before her death in 1983, she designated her son and grandson as the trust's beneficiaries, and ex-husband Abraham Lichowsky of Southern California as its sole trustee.
Hardesty was sued by the beneficiaries in 1989 after telling them he did not know the whereabouts of the money. Lichowsky eventually declared bankruptcy.
Even if he had known the status of the trust, Hardesty said, no law existed at the time requiring him to share that information with the beneficiaries. The judgment, plus interest, was paid by Hardesty's malpractice insurance carrier.
Ironically, the two lawyers who litigated the case against Hardesty have endorsed his candidacy for the Supreme Court.
Letter
Dated November 19, 2009
To:
Pardons Board
From:
Tonja Brown
On June 24, 2009,
I appeared before this Pardons Board to bring it to your attention the
ILLEGAL acts within in the Washoe County District Attorney’s Office.
I presented you with the documentation, the hand written notes
that former
ADA
Ron Rachow made on the Motion for Discovery 21 years ago.
Mr. Rachow violated BRADY V MARYLAND by withholding all of the
Materiality and Exculpatory evidence that showed another person was
responsible for the crime in which my innocent brother, NOLAN KLEIN, was
convicted of.
Not
only did Mr. Rachow withhold the evidence that would have cleared an
innocent man, several employees within the Washoe District Attorney’s
Office knew about this AND SAID NOTHING OVER THE LAST 21YEARS!! In
fact,
ADA
John Helzer appeared before this Board on October 29, 2008 stating he
looked in Mr. Klein’s file. He
looked, he saw and HE SAID NOTHING ABOUT THE OTHER SUSPECT, Mr. Zarsky
to you. The Sparks Police
Department’s theory was that Mr. Zarsky was responsible for this crime
as well as other crimes in which those other victims cleared my innocent
brother, Nolan Klein. ALL OF
THIS WAS WITHHELD FOR 21 YEARS IN VIOLATION
OF BRADY V
MARYLAND
and EVERY MEMBER OF THIS PARDONS BOARD KNEW IT AND CHOSE TO DO NOTHING .
What this Board should have done was placed Mr. Klein on this
Agenda for a Pardon for EXONERATION.
You did not. Instead
you chose to CONDONE THE WRONG DOINGS OF THE WASHOE COUNTY DISTRICT
ATTORNEY’S OFFICE FOR THE LAST 21 YEARS.
As
members of the Indigent Defense, you speak so well of not wanting to see
any innocent person wrongfully convicted, however, when the wrongfully
convicted is brought to your
attention you turn a blind eye to the truth, thereby protecting the bad
acts of officials under the color of law.
On
June 24, 2009 I asked that you adopt a policy by sanctioning and or
disbarring those prosecutors who cover up evidence and lie to the
Pardons Board. Again, you do
nothing. But, when it comes
to your family or friends you do everything to protect them, such as,
Justice Hardesty did when he wrote a letter to a Federal Judge on behalf
of one of the co-defendants in one of the largest LSD drug Bust in
Reno’s history. This
co-defendant received approximately 6 months in a federal prison.
Pretty nice when compared to those drug traffickers who have
appeared before you. And let
us not forget that years ago Justice Hardesty
knew that there were on going problems with the missing DNA in
Mr. Kleins case. Missing DNA was presented to this Board when Mr. Klein
appeared before you and you denied him a Pardon.
On
September 20, 2009 an INNOCENT MAN, NOLAN KLEIN, who was wrongfully
convicted DIED in prison because of these ILLEGAL acts.
The cover up still continues when I on September 8, 2009 filed
with the Attorney General’s Office the documents that were found in
the DA’s file that support Mr. Klein’s claims that are pending
within the 9th Circuit Court of Appeals.
At the Board of Prison Commissioners meeting AG Masto and
Governor Gibbons were provided with documentation showing that other
evidence was found within the file in Mr. Klein’s case.
Instead of placing Mr. Klein on the Agenda for a Pardon for
Exoneration, AG Masto and her staff are attempting to have his case
dismissed.
On
the June 24, 2009 Agenda you list considering hearing cases of those who
maintain their innocence, yet, again you turn a blind eye to the truth.
Why?
I
made a promise to an innocent man that I would do whatever it takes to
bring the truth out and if it means exposing the corruption then so be
it. We will be filing a
Petition for Exoneration and if it means taking it all the way to the
United States
Supreme Court we will do it. In
the meantime I pray that there will be a federal investigation into the
Washoe County District Attorney’s Office and if it means that in order
to protect the innocent that the guilty go free, then so be it.
It falls on this PARDONS BOARD’S MEMBER’S HEADS.
Tonja
Brown
2907
Lukens Lane
Carson
City
,
NV
89706
671-5037
Successful
litigators like Nolan Klein whose work brings positive change to the
entire judicial system are retaliated against for just being litigators.
Advisory Commission on the Administration of Justice Date: November 21,
2008 Page: 31
Tonja Brown stated for the record
that Ms. Jones was correct and there was documentation that was given to
Justice Hardesty, or Judge Hardesty, some years ago and she could
present a copy to the Commission. She said he was aware of the problem.
She continued her discussion on the biological evidence. She said there
were members of the Advisory Commission who were not privy to the
current chain of events of her proposed recommendations for the draft
for the preservation of biological evidence. Ms. Brown said on September
22, 2008, in a press conference Washoe County District Attorney Dick
Gammick said he opened DNA kits and tested the DNA evidence. She said no
results were ever turned over to her. Ms. Brown referenced the material
she gave the Commission Exhibit K. She said there had been
problems with evidence as far back as
Mills Lane
.
http://www.leg.state.nv.us/74th/Interim_Agendas_Minutes_Exhibits/Exhibits/
AdminJustice/E112108L.pdf
Darren
Plymell was the Co-Defendant in the largest LSD drug bust in
Reno
’s history. Darren’s
parents Randy and Barbara Plymell contributed to his campaign.
Note:
Following documents do not all display well due to a technical problem.
