Marsden Hearing

I have learned about something new. It is called a Marsden Hearing & though I don’t understand the logistics of it, I am including it so that you can see what it is & how it works & the reasoning behind it. It is vitally important you make yourself aware of the remedies available to you. I have also filed a complaint in conjunction with this, it was my last resort. I have trial in 11 days, & not one witness has been called, not one bit of discovery that was requested has been received, & I have seen no motion to refute any of the evidence & NO expert witnesses have been called. I have an attorney fresh out of law school, who has made me look like an absolute fool on three different occasions. When the prosecutor laughs at her, right along with the Judge the does not create client/attorney confidence. She is absolutely adorable, she seems to be bright, but she is not experienced in any facet of trial or Animal law, I did not make the complaint to the bar wit a light heart or with an angry motivation, & I tried to wait it out & see if she could rise to the occasion, but she has not or can not. I would suggest you use the utmost disgression in filing any complaint as it can ruin a person professionally. You also have to protect your rights & when the person who is charged with doing so will not you have to take action. So in the past I’ve had great fun, making pokes about her follies in court this just became serious. I haven’t filled out this copy, but you get the general idea.

Here is motion for Marsden Hearing and Declaration for you to fill in:

“Motion for Marsden Hearing for Appointment of New Lawyer”

Comes now Brandia Taamu, pro se, and requests this court to conduct a “Marsden” hearing in a closed courtroom without the prosecution present, and to appoint a new defense attorney due to an irrevocable breakdown in communication with my current defense counsel. I ask that these documents be placed in a sealed court file away from the prosecution’s reach.

I verify that I am filing this motion in good faith and not for the purpose of delay. I do not waive my speedy trial rights in this matter. This motion is based on the files and records herein and the subjoined Declaration of Brandia Taamu filed under penalty of perjury. This motion is also brought per Civil Rule _________ of the Court Rules of the State of Washington and Criminal Rule _______ of the State of Washington.

Dated: ______________ ________________, Brandia Taamu

New Pleading: “Declaration in Support of Motion for Marsden Hearing”.

(Note for Brandia: DO ALL PLEADINGS in 1.5 Space or Double Space.) Make sure your name, address and phone are on ALL pleadings for court to call you and to serve a response on your). Put your name, etc. in a Footer to the right hand side at the bottom. Also insert a page number on all pleadings in the footer.) Handwrite in all pleadings in the corner of the pleading at the top.

“I certify that I served a copy of this document on ____________ (date) on the Prosecutor for the City of Everett at his office”: _______________________Signed, Brandia Taamu

(In your “Declaration”, please use the reasons in the letter for irrevocable breakdown in communication, and then list examples per your bad experiences with her.)

I, Brandia Taamu, declare under penalty of perjury as follows:
1. I am the defendant in the above matter;
2. I make this declaration on personal knowledge and belief and can testify to the facts herein;
3. I am over the age of majority and not in the US military;
4. On _______________, I sent my attorney an email to which she has not responded;
5. On ___________, I phoned and left mesages for my attorney and she has not responded;
6. I have asked her to respond to questions concerning my defenses in this case and her trial strategy,and she has not responded;
7. I have asked to respond to questions concerning the investigation and experts she has conducted in this case, and she has not responded;
8. I have asked other questions;
9. She has responded to none of the questions I posed in an email which are all legitimate questions a criminal defendant should ask his lawyer;
10. ATTACHED is a copy of that email communication which I ask be sealed in the public record as EXHIBIT A.
6. On _____________, my attorney did (or did not)_______________________________
7. On _____________, my attorney did (or did not)_______________________________
8. On _____________, my attorney did (or did not) _______________________
9. I believe there has been an irrevocable breakdown in our communication for these and other reasons listed herein;
10. Etc. (use below language for your reasons)
11. Etc. (use below language for your reasons)
12. Etc. (use below language for yourreasons)

Dated at Seattle, Washington, this ___ day of June, 2011.

Brandia Taamu, Pro Se Defendant

I certify under perjury that I served the Declaration and Motion for a Marsden hearing on the City Prosecutor at his office on _______________, and delivered a courtesy copy to the judge and filed the original with the clerk of the court.

Brandia Taamu,

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3 thoughts on “Marsden Hearing

  1. Brandia you are an angel! I believe the Universe will always provide what we truly NEED. I have been struggling for days on this “To Marsden or not to Marsden” issue! I am relieved to know that I am not the only “Public Enemy # 1” with a “deaf” PD and a “blind” justice system. (Seriously, if someone would kindly remove that blindfold from poor Lady Justice – she would actually be able to see what’s going on out here in the world….I do not think she would be pleased!) So, here I sit in Boulder MT….facing SEVEN criminal charges for rescuing our poor little Mario Andreotti from a dreary fate. I don’t care – I’d gladly take a few more just to see his happy smiley face every morning! Well, that happened 9/12/14 & yea – nothing from my attorney on ANYTHING. This county has made life exceptionally hard on me & the rescues this winter. We decided we have had ENOUGH! The tail(hah) is long & it’s time for chores. But you can bet I’m working on that damn motion all night….thank you for sharing & helping me get started! I will read up on your updates too. God Bless….G

    Liked by 1 person

    1. I’m no Angel… I just don’t want anyone else to suffer through the pain & the agony I have had to endure. In the end all that matters is the lives we save & love we get. Those kinds of evil hateful folks will someday have to meet their maker & no one gets out of this life alive, someday we all go, & face our failings. Not much help now but be the cream & rise above it.


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