ORIGINALLY PUBLISHED ON THE GOLD BAR REPORTER
In February of 2011, it was the coldest winter on record in the State of Washington. There were 35 counties that declared a state of emergency.
Christy Diemond was caring for her elderly 92-year old mother in Diemond’s home in Woodinville. Her mother was in HOSPICE and getting ready to meet her maker.
Like many horse owners in freezing weather she was hauling warm water outside to her two horses Brandy and Bud.
Twice a day she was supplementing their grazing and alfalfa diet with 5 and half gallons each meal per horse a mush of various sweet feed, grains, and vitamins.
Diemond kept the ingredients and mixes in the garage so that the mush did not freeze. In addition to a good winter coat, the horses had blankets on rated to 20°F. It was cold.
All in all, Diemond was minding her own business when the King County corruption came to her home property.
On February 26, 2011, King County Sheriff Sgt. Bonnie Soule knocked on Diemond’s door at around 11:00 AM. As a King County Deputy, she was out of her jurisdiction in the City of Woodinville who contract their own police officers.
Diemond was getting ready to go to a job, bath-rooming her mother in order to pass the baton for her mother’s caregiver when she arrived.
Soule insisted that Diemond stop bath-rooming her mother and come outside to examine Diemond’s elderly horses. Diemond told Soule she was in the middle of caring for her mother.
Soule insisted that Diemond leave caring for her mother to come outside. This resulted in Diemond’s mother laying in her own waste.
Diemond sensed something was not right. Soule had parked her police vehicle blocking the driveway. She was in her full tan and green King County Sheriff uniform, utility belt complete with gun.
It wasn’t too long before Diemond, a filmmaker and investigative reporter, was dragging out her video cameras to tape the event.
Diemond would learn a year later at trial that Soule had been trespassing on her property at 8AM – three hours prior to her knock on her door that day.
The outcome of the weekend? Diemond was extorted into giving up Brandy and Bud on the spot to King County Animal Control for adoption.
By June 2011, with no warning, Diemond was shocked to receive an almost illegible arraignment notice in her street mailbox. She was being prosecuted for starving and dehydrating her two charges of 20 years, Bud and Brandy.
King County sheriff could never produce any return of service.
And so it began…
Diemond was being falsely accused of starving her two elderly horses, Bud and Brandy by the King County Prosecutor’s Office.
Diemond was arraigned without meeting prima facie (no grounds) on June 10, 2011.
Diemond had these horses for twenty years. if she was starving them, after 20 years, wouldn’t they be dead by now?
The King County Prosecutor had no witnesses that Diemond withheld food. There couldn’t have been any witnesses because Diemond was feeding her horses.
At the “Omnibus” hearing (arraignment) her public defender, SCRAP attorney Alison Warden, made no argument to defend her – it was the first time they met and she announced that this hearing would be her only hearing with Diemond as she was leaving SCRAP (Society of Counsel Representing Accused Persons – King County funded public defender). Diemond would have another attorney assigned soon she said.
Warden told Diemond that they would be booking her after the hearing. There would be no motion for dismissal.
Booking meant fingerprinting and a mug shot taken in the King County Jail.
At 59-years old, Diemond had never been in jail. She had no record; not even a parking ticket. Warden didn’t think there would be a need for handcuffs.
The hearing itself was in a glassed off room that only attorneys are allowed in. The defendants would be called from the freedom of the public “gallery” into this room when their case was called. It is called the “cattle call.”
There was no opportunity for anything but a a plea of not guilty.
The chief criminal judge was, the mostly irritable, Ronald Kessler. He stopped the proceedings every five minutes or so to scold everyone to be quiet.
Kessler has been outspoken in the press about his concerns regarding the epidemic of malicious prosecutions but there was no sign of that this day in any case before him including Diemond. Guilty until proven innocent was the name of the game.
At the end of a very short three-sentence appearance, Diemond was directed to a bench occupied by two other people.
Her personal belongings were placed in a brown paper bag including her cell phone. Her last name was scrawled across the bag with a black magic marker. She was thoroughly frisked by a female guard.
Diemond was then tightly handcuffed and marched across the bridge from the 12th floor of the King County Courthouse – two blocks – to the King County Jail for booking. There were two other handcuffed people with her.
Diemond complained that the handcuffs were too tight and hurt. After about a block of complaining, a guard checked them and said it was ok. Diemond protested to no avail.
When all three of them arrived at the high check in desk in the King County jail, the handcuffs were removed leaving indentation marks that would not go away for several hours.
There was over sized brutty guard who seemed thrilled to rifle through only Diemond’s belongings in the brown paper bag.
He was very intrigued with the reflective mirrored film cover and played with it for a while. For a moment, Diemond thought she had been placed in an unseen episode of a Twilight Zone version of “Cool Hand Luke.”
Diemond was then placed in a large corner cell with two bullet proof adjoining glass windows making a corner glass wall with a view of the high check in desk.
There was a steel toilet with a four foot tiled privacy wall. The cell smelled like fresh human feces.
The door was locked behind her. Diemond was locked in. She sat on a bench against the back wall so she could view out the two bullet proof corner windows at the high check in desk.
Within moments, a female guard appeared and told her she couldn’t sit there because Diemond was wearing a long coat and they had to “watch” her at the windows. (The “frisking” apparently wasn’t good enough).
Diemond thought it weird but complied. Diemond moved with her back to the north window wall.
After about 20 minutes, she suddenly felt a loud bang against the window behind her – a rumble – against the glass.
Diemond turned around and looked up to see up the flaring nostrils of an male in a red jumpsuit being pressed against the glass above her. His face was a bit squished but he was very interested in looking down her blouse, licking his lips and uttering, “oh baby baby…”
Curiously, the guard was taking off this man’s handcuffs.
She then watched as not one employee appeared to be working for another 40 minutes.
Finally a uniformed woman came to take her for finger prints and mug shots.
The topic of the man in the red jump suit somehow came up in the conversation.
She said, “You don’t think we did that on purpose do you?”
Though that is exactly what Diemond thought, she didn’t think it would be a good idea to tell her that so Diemond said, “Oh no, I’m sure you would never do anything like that but, I’m sure the prosecutor’s office would.”
Then she asked Diemond, “You weren’t afraid were you?”
Diemond said, “No but if they had put him in the cell with me, I might have been a little concerned.”
Diemond was then freed into a back alley on Jefferson Street between 5th and 6th streets that was full of trash and reeked of urine.
The “booking” was over complete with being sexually hazed at King County Jail.
The next year.
Diemond was subjected to over a year of hearings that led up to a completely fabricated trial.
She could not understand why it wasn’t dismissed. Never was there a motion to dismiss. She didn’t do anything wrong.
She was offered a plea bargain numerous times.
Each time a plea bargain was offered, Diemond would always reply, “I’m not going to lie and admit to something I didn’t do. You tell the prosecutor if she drops the charges now, it might go easier on her later during the RICO investigation if she opens an investigation herself. This is a set up and I can prove it.”
Diemond would learn later that the reason there was never any response to this is because her prosecutor, Maggie Nave was part of the problem. Nave was the inside “ fixer” for the King County Deputy Prosecutor Dan Satterberg.
Maggie (Margaret) Nave – the “fixer.”
Maggie Nave was a long term deputy prosecutor with King County. In fact as good timing would have it – as the proverbial evidence is hitting the fan – she just retired in September of 2016.
Nave occupied the Chair of the prestigious District Criminal Court Committee for 12 years.
Nave was the “fixer” for the infamous 2005 Enumclaw horse sex case of James Tait (sound familiar? See Goldbarreporter -King Co maliciously prosecuting 100’s).
Somehow Tait never got charged with manslaughter for leading Kenneth Pinyan to his death having sex with the neighbor’s horse at his favorite local horse sex brothel.
No, Nave and Satterberg lamented that there were no bestiality laws in Washington State to charge Tait with (after all their work with Susan Michaels of Pasado’s Safe Haven lobbying in the legislature the year before to make starvation and dehydration a crime).
So Senator Pam Roach led the charge to make sex with an animal a crime in Washington in 2006.
But what about the manslaughter/murder part? Pinyan died.
No the King County Prosecutor Dan Satterberg charged him with criminal trespassing and let him go… to Tennessee where he established himself as somewhat of a guru of the the animal sex circles and was again hauled off to jail for engaging in horse sex a few years later.
Tait thinks having sex with a horse is like making love to a human partner. “They like it.” He claims.
Remember, in our previous coverages, that case led to a documentary that because Tait was released from jail, he was able to co-narrate the horse sex advocacy film “ZOO” produced by the Stranger’s Charles Mudele.
Tait shared the narration position with Hope for Horses Jenny Edwards (who currently touts her animal sex prowess as an “expert” on the internet). Edwards apparently rustled the stallion (that belonged to the innocent neighbor) out of the deal.
Maggie Nave’s reputation preceded her. She was the “fixer” for the DUI’s of employee’s children and other tricky cases King County didn’t want on the radar.
One of her more spectacular “fixes” was for drug addict and Animal Control Officer Jenee Westberg.
Westberg, as the primary witness in a majority of King County’s fabricated animal abuse malicious prosecutions that after their victim/s animals were stolen, their lives sabotaged and financially left in ruin – in order to lead to land grabs, could not be on the radar for their innocent victims to be able to defend themselves.
The problem King County has is that Westberg was a drug addict. And on January 24, 2008, Westberg got caught in a very public way with an honest police officer in Black Diamond.
It was a spectacular 19-count VUSCA (drug bust) arrest. The K9 dogs alerted and the side panels were taken off the car doors. Westberg was passed out in the back of the police car handcuffed and photographed.
Photo of Westberg in back of police vehicle and her dope pipe from police records
Westberg lied continually to Sgt. Dunn. Dunn had an extensive diatribe in her report about “professional courtesy” when ACO Steve Couvion showed up to rescue Westberg (and her little dog who had been in the car with Westberg inhaling the full bowl) while Westberg drove under the influence.
Westberg refused the field sobriety test. (Grounds for instant termination in King County).
After a secret meeting (no Loudermill – no sanctions = no public records to find),
Nave, the “fixer” reduced the event to “attempted VUSCA.”
This resulted in no jail time, $795.50 in total court costs, and a deferred sentence (something Westberg’s victims never got).
Nave did this by withholding evidence from the record. And she withheld a lot.
There were other active cases at the time that someone was trying to erase from the court digital files. Part of it remains. It appears Westberg was on a drug run on her ATV with two others. She was the decoy. She had her little dog then too.
There were 42 other police events. Westberg’s attorney produced glowing letters from her employers about how responsible Westberg was while Westberg was in the middle of being sanctioned by presumably these same employers in her second Loudermill for dishonesty.
Nave never mentioned the two Loudermills Westberg had for dishonesty nor did she mention the counterfeit money Westberg tried to pass in Renton.
By August of 2011, Nave was in trouble herself. She had another 117 “filed-able” case files she was sitting on in her office.
Those files were seized in a 4-month investigation (two months after Diemond’s arraignment).
This resulted in the termination of Nave’s prestigious 12-year position as chair of the District Court Committee (where it is now becoming apparent she was “fixing” things there too).
This investigation got Nave a very serious letter of reprimand from King County Deputy Chief, Mark Larson, who alleged legal malpractice and threatened permanent termination while terminating her position of chair.
So while Diemond was home in Woodinville minding her own business, having her last moments with her dear mother, she was getting lined up in the cross hairs of Maggie Nave the “fixer” herself.
The charges were rigged from the beginning.
The Public Records Act, transparency and the scams within King County.
Diemond began to do profuse public records requests the moment she got her arraignment notice but she was not getting any traction with King County.
It would appear that this multi-billion dollar county was either incompetent or complicit. Diemond would later learn this stone-walling was the latter. King County was withholding evidence that would expose the endemic scam within.
It would turn out it was/is a cover-up of an extensive system of embezzlement/ kickbacks/theft/land grabs of epic proportions.
It has all the components of RICO – predicate acts, network bilking of taxpayer dollars, secret cover-ups.
The land grabs are for those in the know of when zoning would be updated, to lead to enrichment under the Growth Management Act and Urban Development areas up-zones.
Urban Development would be where the insider information would direct who the next innocent persons were to be targeted because the people who annually decide to change the zoning would know what neighborhood they were going to target next, ergo, that is the area they would find innocent people to falsely accuse and maliciously prosecute.
This plan would have to include the judicial system extensively.
The next year 2011–2012: a sea of waiting and researching.
Because King County was withholding records from her, Diemond started with the prosecutor’s own discovery file (that was initially given to her in an attempt to terrorize Diemond into plea).
Diemond immediately found compelling inconsistencies there.
For example, the blood work on these poor starved horses while in Diemond’s care on her property were both normal.
Starved horses do not produce normal blood work. Apparently they didn’t realize Diemond knew a little about reading blood work.
Strangely, there were no color digital photos present. In fact, it appeared in this record that no pictures changed hands until 3 months after Diemond had given Bud and Brady up for adoption – late May.
King County Sheriff Deputy Bonnie Soule had been directed to Diemond’s property for a “Well horse visit” by Jenny Edwards, (the famous horse sex expert) director of Hope for Horses – a horse “rescue.” it would turn out that “rescues” are another name for horse thieves.
At the time, Diemond did not know anything about horse “rescues” nor did she know Edwards.
Diemond would later learn that Jenny Edwards operated a horse “rescue.”
Edwards had “volunteers” placed at Diemond’s mother’s church in Woodinville.
Another horse rescue, operated by Jamie Taft and Bonnie Hammond, was Save a Forgotten Equine (SAFE). They also had “volunteers” at Diemond’s mother’s church in Woodinville. And they had been priming Diemond’s mother the moment she moved in with her daughter in Woodinville and started attending church there.
King County Deputy Sheriff Robin Cleary and Regional Animal Services of King County ACO Jenee Westberg were quite busy fabricating their reports and photos (a type of perjury).
Their reports were misleading. They said Diemond’s 92 year old mother was 60 years old (Diemond was 59, how does that work?)
Robin Cleary stated Diemond’s mother owned the house and the Diemond was the “live-in” daughter. (Diemond built the house in 1985 and has owned it since). Cleary knew this because Diemond told her in a recorded and transcribed interview.
Cleary claimed that Diemond was financially exploiting her mother on the inadequate COPES program designed for long-term care that Diemond shared 50/50 with an outside caregiver who came in 12% of the time to help out. (A real goldmine is was not).
It would soon become clear all these people (and others) had a presence (and interest) in every malicious prosecution horse case reviewed in King County. (23 were later found).
Cleary claimed that Diemond was starving her mother while no less than 20 State workers were in and out of the house helping.
Cleary had never been to the property. The first time Diemond ever saw her was at trial while Cleary lied under oath.
After Diemond spent a year of finding inconsistencies in the discovery file, she was suddenly faced with a change of counsel from SCRAP’s Hal Palmer.
Hal was out. Dave Roberson was in. That is when King County paid public defender, Dave Roberson, joined the defense team along with an abrasive young buck named Matt Pang.
Diemond first met Matt Pang as the one who disclosed the first plea offer while Hal Palmer was conveniently out of town.
After Diemond told Pang she would wait to talk with her attorney Mr. Palmer and besides that she’s not guilty, he told her, “You would be surprised how many people take a plea.”
“But I’m innocent.” Diemond said. “What about my constitution rights – innocent until proven guilty?”
Pang dispassionately retorted with, “Well it doesn’t matter, that’s just the way it’s done.”and he turned his back an walked away.
There are/were other types of malicious prosecutions – phony guardianships.
In the background noise of Diemond’s case, they apparently thought they needed more to cause her to fail.
Both Westberg and Cleary were actively hatching another fabricated allegation behind the scenes with four King County Deputy Prosecutors just to be sure they took Diemond out completely.
Diemond knew they were after the house. Her now ex-boyfriend Kirk Rondorf was helping them sabotage her. He accidentally blurted it out one night just prior to Diemond kicking him out.
Just before Diemond’s trial in the fall of 2011, Westberg and Cleary were conspiring with numerous other King County Deputy Prosecutors in an elaborate plan to accuse Diemond of another disgusting allegation.
This would be the reason; Cleary and Westberg were fabricating their reports and testimonies in the way they were.
They were hatching a plan to allege that Diemond was abusing and contributing towards the death of her dear elderly mother who was living with Diemond in Diemond’s home, in HOSPICE, dying a natural death at the ripe old age of 92 under the care of about 20 various State caregivers and case workers.
They even sent Rondorf in to attempt to capture DNA from Diemond’s hair brush breaking into Diemond’s home.
This would no doubt end up in a trumped up competency hearing and Diemond would lose her property through a phony guardianship plan approved by one of their crooked judges.
Only the latter conspiracy ran into a hitch when they could not get DSHS Adult Protective Services (APS) to go along with the deal.
Why wouldn’t APS go along?
Because for four years APS had their own people on site assisting Diemond and her mother through the painful process of passing through HOSPICE, Diemond’s mom’s physician and numerous caseworkers all who were mandatory reporters.
Of the some twenty APS people on site, there was not even one complaint. To the contrary, they reported that Diemond and her mother loved each other (they were actually best of friends their entire time together), the house was neat and tidy and they were helping Diemond to make her mother comfortable in her last days. Even the attending physician was content with the situation and was a great support to Diemond’s mother’s care.
In January of 2016 it would be revealed through public record emails that in October of 2011, Westberg and Cleary were working actively together with at least four King County Deputy Prosecutors that up until that time were unknown – save Nave.
These King County Deputy Prosecutors were Page Urley, Kathy Van Olst, Heidi Jacobson Watts and Maggie Nave (the “fixer” and lead prosecutor in Diemond’s falsified animal abuse case who was at the time – fall of 2011 – being reprimanded and stripped of her position as Chair at District Criminal Court by KCDPA Chief – Mark Larson.
This would answer the question as to why Cleary and Westberg were inexplicably fabricating their reports and testimonies so furiously.
The “rigged” trial – Step 1 – present no defense.
After a year of Omnibus hearings that threatened to go to trial, sudden they were really going to trial. The trial was scheduled for September 27, 2012. At this point Diemond had finally met Maggie Nave during Omnibus. Though not once did they talk.
At trial, starting September 27, 2012, Roberson proceeded to suppress every piece of fraud Diemond came up with. He hid all the digital photos from her (illegal).
The first time Diemond saw any color photos were at trial in the form of hard copy exhibits that were all “air- brushed.”
These hard copies were presented as “evidence” with no “chain of custody.”(Diemond would not actually see the digital versions until after trial).
Roberson worked very hard at throwing his client under the bus. He was like a conductor of an orchestra.
It was obvious daily that Roberson was sharing attorney-client conversation with prosecutor, the “fixer” Maggie Nave. It was so apparent that Diemond thought they were having daily meetings about what to do next.
Roberson failed and refused to show the video Diemond had taken of the event to the defense expert, veterinarian, Dr. Paul Mabry.
Roberson lied to Diemond that he did show the video to him. She would discover a year later that Mabry was never shown the videos.
The video showed Mueller and Westberg spending 15 minutes attempting to capture these elderly but frisky healthy horses who did not want to be caught by strangers.
Hannah Mueller would testify that they were “lethargically standing there” at trial. The video would show Mueller was committing perjury.
Roberson failed to tell the jury that the horses were healthy but elderly, 35 and 39, and lived to twice their life expectancies under Diemond’s care of 20 years.
Roberson had their breeding papers with their foal dates on the table in front of him the entire trial. He never used them.
He let Nave and their witnesses, Bonnie Soule, Jenee Westberg, Robin Cleary and Hannah Mueller lie under oath that the horses were half their true ages.
Roberson himself misrepresented the amount of supplemental feed Diemond fed while failing to bring up hay and pasture continual access that is also food to an herbivore.
He failed to tell the jury the horses were killed by and under the care of King County’s service providers, Hannah Mueller Evergreen and Jamie Taft/ Bonnie Hammond of Save a Forgotten Equine, eight and eighteen months after possession.
At trial, the jury was never told that the horses were dead and that they died prior to trial.
Post trial interviews revealed that the jury had been on the internet (though they were continuously instructed not to) while deliberating and knew the horses were dead from reading SAFE’s website.
Because of this the jury was under the impression the horses died because of Diemond’s care.
Roberson put up zero defenses. He put only one exhibit in the case that the jury saw compared to 39 doctored photos from the prosecution. (Photos that got doctored a second time before going to the COA).
After bragging about how the case was all about the blood work and waving the blood work reports around the room the entire trial, Roberson never put any of the blood work in as an exhibit for the jury to review.
In short, Roberson did a better job of sabotaging Diemond’s defense than King County did as the lead prosecuting attorney, Maggie Nave, appeared to be inebriated during most of the trial while Davis, Wright and Tremaine’s, Tony Wisen would fill in for her.
The “rigged” trial – Step 2 – malicious prosecution though 100% fabrication.”
Tony (Anthony) Wisen was a surprise. He came in on a King County Prosecutor “fellowship” during the 2012 trial.
No one really seems to know why or how he ended up on the prosecutor’s team in Diemond’s trial.
He lists the Diemond prosecution experience on his Davis, Wright and Tremaine bio but fails to list the name (could he feel guilty or is he trying to conceal his own participation in a malicious prosecution?)
While defense counsel Dave Roberson was busy telling Diemond repeatedly what a horrible job Wisen was doing in his “open,” Wisen led the charge by misrepresenting “that there was no shelter of any type for these horses; no barn or anything like that. Just a little shed where food and such was stored.” [CP Oct 1, 2012 – Pg 146Ln22].
To Diemond’s knowledge Wisen had never been to Diemond’s property in her up scale Woodinville neighborhood.
Wisen then showed the jury Exhibit 11. It was a very dark exposure of a shed. Only that shed did not belong to Diemond. It could have been the Space Needle for all the jury knew.
Roberson refused to object telling Diemond to stand down that it didn’t matter if that was her shed (Wha?). That was basically how the trial went for Diemond. Roberson standing down and bullying his client when she protested.
Tony Wisen was responsible for numerous fabrications here.
1) Diemond had/has 4 sheds on her property. Hay was kept in one in the front where two other sheds were also located; the plethora of grains, vitamins and specialty mush ingredients were kept in the garage in the front to avoid freezing.
There is one shed in the back. All four sheds are still on the property. I.E., there is NOT “just a little (one) shed.” Wisen committed perjury.
2) Exhibit 11 was not a picture of any of the four sheds that Diemond has on her property.
After trial (8 months later and after much pestering), Maggie Nave finally produced Westberg’s cell phone digital shots for Diemond’s new appellate defense counsel; Diemond finally was able to view Exhibit 11 in its native digital format.
This was not what the jury saw however. The hard copy prints shown to the jury were all manipulated from the digital versions and then “air-brushed.”
On Exhibit 11 the “air-brushing” concealed the 30’ cement DOT noise barrier next to the shed. The closest noise barrier to Diemond’s property is 5 miles away.
After a grueling trial and short deliberation, the jury found Diemond guilty of starving her horses based on completely 100% fabricated evidence and cumulative perjuries.
Never did anyone mention that Jenee Westberg was a long term career criminal and drug addict.
Nor did anyone disclose that Westberg’s mother was the executive assistant to King County Deputy Prosecuting Attorney Chief Dan Clark who was the chair of the Brady Committee. (This committee decides who is credible under oath).
Diemond would have no opportunity to impeach Westberg on the stand.
Diemond’s trial was done on October 10, 2012.
Post trial I – Outside Diemond’s view (meanwhile back at the ranch…)
Fourteen days later, over at the Regional Justice Center in Kent, there were two animal abuse prosecutions that also included Westberg as a primary witness for the King County Prosecutor.
This prosecution was assigned to the head of the “Drug Court,” Judge Cheryl Carey.
It was the Jason Markley and Cherish Thomas animal abuse prosecutions and a simultaneous trial.
Their Omnibus was on October 24, 2012 in front of Judge Mary Roberts.
King County Deputy Prosecuting Attorney Gretchen Holmgren-Peterson was getting nailed for failing to disclose Westberg’s criminal career by private defense counsels Kevin Tarvin and Gene Piculell.
It would later turn out that in 2011 there were actual flurries of other falsified cases going on in the background unknown to Diemond. That would be Markley and Thomas.
Darryl and Gina Lindsey and the role they played.
Darryl and Gina Lindsey were two cases running in the background.
This was the second time Lindsey’s had to endure false allegations of animal abuse. The first time was in 2007 – 2008.
In 2008, under heavy pressure from the prosecutor, Darryl Lindsey agreed to a plea bargain for a misdemeanor and charges dropped for his wife Gina.
Darryl’s plea would be filed on exactly the same day as Jenee Westberg’s arraignment notice for her January 24, 2008 spectacular 19-county VUSCA felony bust.
Lindseys would not know the primary witness against them was an active convicted drug addict nor that King County Deputy Prosecutor Maggie Nave was prosecuting Westberg at the time.
Westberg’s 19-count VUSCA bust was in Black Diamond. King County was the agency prosecuting Jenee Westberg.
This bust was a really big deal. Jenee Westberg’s lack of credibility could screw up at least 15 active cases of malicious prosecutions in King County. AND King County went to a lot of trouble to conceal it.
Instead of a Loudermill to sanction Westberg, they had a very secret “how to” meeting on how to keep it under the judicial radar.
Westberg was their prime witness in at least 15 active cases at the time.
There can be no doubt that King County Prosecutors knew about Westberg’s January 24th, 2008 Brady issue prior to pressuring for a plea deal to Darryl and Gina Lindsey.
And like clockwork, Westberg’s lead prosecutor appeared to save Westberg – the “fixer” KCDPA Maggie Nave.
The King County Prosecuting Attorney’s Office acted to preserve a corrupted victory with no due process to the innocent upon whom they preyed rather than to disclose and/or dismiss those cases. They “cheated.”
King County – cheating to prevail – a predicate act under RICO (a crime within a crime).
King County didn’t cheat just once. They cheated repeatedly over and over again. It is a pattern of behavior and a predicate act under RICO.
King County never at any time disclosed to Darryl and Gina Lindsey that Jenee Westberg was a career criminal.
They didn’t disclose to anyone else for that matter until Diemond and Markley began to show up at the new victim’s hearings and advised the fresh targets.
April 8th, 2011, the same day Westberg had stopped at Markley and Thomas’s property to terrorize them for 5 hours into the evening, Westberg had earlier been with KCSO Det. Robin Cleary and ACO Dave Morris at the Lindsey’s home stealing Lindsey’s remaining three horses for a second time.
They had extorted the Lindsey’s into euthanizing the fourth horse one a week earlier where King County Animal Control scavenged body parts for a necropsy by a veterinarian who does not appear to exist.
So back in May of 2012, five months prior to having Omnibus with Markley and Thomas cases on October 24, 2012, Judge Mary Roberts at the RJC had issued the search warrant on Lindsey’s case. (Roberts also signed Diemond’s order of probable cause with no paper trail as to why).
Judge Roberts was forced to suppress the evidence Westberg collected with Lindseys because Westberg did it “unlawfully.”
Robert’s order to suppress the “evidence” Westberg collected caused the second Lindsey case to be dismissed.
Roberts never produced her mandated Findings of Facts and Conclusions of law.
KCDPA Gretchen Holmgren-Peterson immediately took the whole Lindsey case to the Court of Appeals without Judge Robert’s Findings.
There Holmgren kept Judge Mary Robert’s Lindsey Superior Court decision in legal limbo – with no findings – while Gretchen Holmgren tried Jason Markley and Cherish Thomas and the Dave Roberson/Maggie Nave team got done feeding Diemond to the hounds.
Gretchen Holmgren-Peterson dismissed her appeal as soon as Markley, Thomas and Diemond’s cases were completed.
Judge Mary Roberts still has not produced her mandated findings.
When the earth stopped spinning – at least for awhile
At the October 24th,2012, 5 months after Mary Roberts suppressed Westberg in the Lindsey cases, Kevin Tarvin apparently didn’t get the memo that any member of thw WSBA was to suppress Westberg’s criminal career in any case she showed up in and especially not in the Markley and Thomas cases.
Tarvin had done a background check on Jenee Westberg. He found two convictions (Westberg pled guilty) of what would end up being a running total of some 45 police events.
After a scathing email exchange, Tarvin confronted Gretchen Holmgren-Peterson in front of Judge Mary Roberts at Omnibus. Gene Piculell chimed in on the fray.
The room of normally talkative noisy 40+ attorneys went silent.
Not only did Mary Roberts fail to sanction Gretchen Holmgren for her gargantuan Brady violation in front of some 40 other attorney-witnesses in the room, Mary Roberts never mentioned her own ruling in the Lindsey case based on Westberg’s unlawful collection of evidence, five months earlier.
Judge Mary Roberts moved the Markley/Thomas trial out another 6 weeks into December.
In the mean time Westberg lost 30 pounds, got a new hairdo and had her meth mouth teeth fixed.
At the Seattle Courthouse, Dave Roberson was now very concerned about the digital images he had so carefully hidden from Diemond that she managed to capture right in front of him.
She was now pointing out all the obvious inconsistencies as to how they could not have been taken on February 28th, 2011.
When Kevin Tarvin exposed Westberg’s criminal career in the Markley and Thomas cases – a backgound check that Roberson also had a duty to search for (and didn’t) – at the same time – now Roberson had to tell Diemond about Westberg.
There was no getting around this. Tarvin put it in the court record.
The strong scent of toilet water er poop – in King County is getting ripe – oops.
The sheer panic at King County was deafening. KCDPA Maggie Nave had failed to disclose prior to trial that Regional Animal Services of King County Animal Control Officer Jenee Westberg was a career criminal touting two convictions (and it would turn out 43 other police events still undisclosed).
One conviction was for shoplifting and attempted bribery of a police officer with the $500 cash Westberg had in her purse at the time and the other, a 19-count VUSCA (drug) conviction – the model of a true drug addict.
Diemond, much to the obvious panic and anxiety of her counsel Dave Roberson, kept bringing up that the prosecution also submitted altered and tampered photos taken by both Westberg and – her partner in crime – King County Sheriff Detective Robin Cleary.
It was no surprise Roberson was to the point of shaking. He is the one who hid the digital photos from his client. He was not going to get out of this one unscathed.
Both Cleary and Westberg forged documents, committed perjury in mass and manipulated their “evidence” photos. In fact, Cleary’s testimony extended into the jury the entire trial through her photos as did Westberg’s photos.
Cleary and Westberg were working with what public records exposed later were embezzlers – Hannah Mueller Evergreen (Cedarbrook Veterinarian and Northwest Equine Stewardship Center NWESC) and Jamie Taft/Bonnie Hammond from SAFE.
Mueller is the King County Prosecutor’s favorite veterinarian “expert,” along with co-embezzlers Jamie Taft/ Bonnie Hammond of (Save a Forgotten Equine – SAFE) and Jenny Edwards (Hope for Horses).
All of which had “volunteers” embedded at Diemond’s mother’s church in Woodinville. (This is all documented).
It would come out later that both Cleary and Westberg were in the business of horse rustling with the collusion of the King County Prosecutor’s office and along the way, they would create a distressed property to be sucked up under the Growth Management Act’s urban development plan for future development.
Cleary and Westberg (and others) were the first contact “team.”
There were at least 23 cases of property owners who had been maliciously prosecuted. They were placed in financial ruin. Some have lost their properties. Some died along the way.
Cleary and Westberg were in a virtual cornucopia of those cases along with King County Animal Control Officer Dave Morris.
Diemond wouldn’t have all this evidence at the time of trial but she certainly was on the “scent.” Having followed corruption as an investigative reporter, she saw the signs.
Today it is documented that within every case reviewed is a target of a property owner scam. All orchestrated by King County’s finest – driven by an embezzlement/kickback system and the lure of a distressed property to be held for the big payoff of the developer acquisition when the zoning up-zone changes occur.
Post trial II – Diemond’s view – many moving parts.
The next week after the guilty verdict October 2012, Diemond insisted that Roberson produce her case file for her review in order to prepare for appeal.
Dutifully, Roberson hauled up five jumbo binders for her to look at. He acted like he was going to have a hernia.
Unknown to Roberson, the tables were turned. Diemond was on a quest to find those missing digital images – if they even existed – she had only seen the air-brushed hard copies version of at trial.
Roberson was aggressively selling Diemond on the idea that the court would NEVER allow Diemond to view those hard copy exhibits, not in a million years would that happen – Hell would freeze over… etc.
Diemond did not tell him that her next stop that day was an appointment at the Seattle Courthouse exhibit room with curator David Comstock to view those very exhibits in person. Hell must have frozen over already. (The exhibit room is in the old morgue in the basement of the Seattle King County Courthouse).
Roberson was going to tremendous effort to divert Diemond’s attention from the photo exhibits.
In her examination of her case folders Diemond quickly located two CDs of digital images. She securely captured them both on her laptop then began examining them.
One CD was Robin Cleary’s Canon Powershot G11 shots and the other wase a CD of photo shopped photos from Save a Forgotten Equine.
Westberg’s photos were MIA.
Roberson didn’t know Diemond was a qualified expert in photo retouching. It was after all decades ago. She worked for a well-known local studio for eight years as a retouching artist while putting herself through college and for some years after.
She was competent at spotting photo artifacts and one of their best artists.
Diemond was looking at the digital images that Cleary took. She could immediately see that the date and time were erroneously user-defined at 2:00AM while the content of the photos were clearly during the day outside.
She then noticed that the horse’s manes and tails had grown 2 – 3 inches as did their hooves since February 26th, 2011.
They were in mid shed of their winter coat, a condition that happens only when daylight starts to lengthen, about mid May.
After having these horses for twenty years, Diemond had seen them shed their winter coats twenty times.
Then she noticed it. The pastern wound used to demonize Diemond in trial. It was no longer present on Brandy’s hind pastern.
King County Sheriff Det. Robin Cleary claimed she took these photos February 28, 2011. This means the wound had spontaneously healed in just five hours. It was a miraculous spontaneous healing… or Cleary didn’t take the shots when she claimed she did.
Roberson had a visible flush. He countered with “It doesn’t matter if Cleary got the date and time wrong, she testified under oath to the correct date and time.”
Diemond countered with, “Well then she committed perjury on the stand.”
Roberson spent ten minutes trying to find Cleary’s testimony in the file. By then Diemond had found so many inconsistencies, he gave it up. This after all wasn’t rocket science.
A discussion ensued about what he planned to do about it. He said he would have to ask this supervisor for a photo expert to examine the photos.
Roberson never lifted a finger to do this.
It would later be revealed by public records that on February 28th, 2011, when Westberg and Cleary both claimed Westberg had gone to the Regional Justice Center(RJC) to pick up Cleary and together they went to Monroe where Cleary took those pictures on her Canon Powershot G11, that Westberg’s GPS didn’t have her anywhere near the RJC that day – “cumulative perjuries.”
When Dave Roberson told Diemond about Westberg’s criminal background.
Around November 19, 2012, Roberson called Diemond. She wanted to know about the photo expert.
“Never mind that.” he said, “Gretchen Holmgren stopped me in the halls of the courthouse and asked me, didn’t I have an animal abuse case with Jenee Westberg? I said yes. She told me that Westberg was criminally prosecuted twice and the prosecutor didn’t disclose it.”
Roberson couched this information as if Holmgren was another defense counsel giving him a morsel to defend his client.
He was obviously not interested in getting a photo expert.
Diemond had no idea who Gretchen Holmgren was at that time (she is the youngest daughter of former Seathawk coach Mike Holmgren).
Roberson went on in some detail, to describe Westberg’s crimes. Carefully omitting the names of the cases Westberg was exposed in.
Diemond would learn later that Gretchen Holmgren-Peterson serves as the King County Deputy prosecutor in a majority of the other 23 cases of malicious prosecutions of animal abuse. She had even tried to collect an extra $13,000 of restitution for 8 months of care for Diemond’s and Markley’s horses against a completely unrelated case, Shannon Dunham.
When Diemond asked, Roberson refused to tell Diemond what case that Westberg’s Brady information was exposed in.
Roberson obviously did not want Diemond to show up to Markley and Thomas’s trial that was set to happen in just a few weeks. He was also attempting to distract her from examining the photos.
Soon Roberson was telling Diemond that he lost the CDs with the digital images.
Diemond told him no worries, she has copies. Roberson suddenly realized Diemond had captured the images from the CDs while in his office. He was instantly panicked and almost hung up on her.
The night before the November 30, 2012 sentencing date Roberson called.
Roberson could not get Diemond to back off the photo tampering.
He was leading Diemond to believe she would soon be going to jail for a crime she did not commit.
Roberson was now saying that it was Maggie Nave who told him about Westberg instead of Gretchen Holmgren.
When Diemond asked him about Holmgren, he blew up bellowing “Forget Gretchen Holmgren. Forget her. It was Maggie Nave who told me about Westberg. It was Maggie!”
Attempting to get justice in a “rigged” system.
November 30, 2012 (when Diemond was supposed to be sentenced) began the beginning of another year’s lineage of almost weekly hearings. Judge Rogers wanted to keep a finger on the pulse of this one.
That day and throughout the rest of the year, King County Prosecutor Maggie Nave claimed that she failed to disclose Westberg’s Brady info because she did not know about Ms. Westberg’s criminal background – that she (as did the defense counsel Dave Roberson) had failed in their due diligence to do a background check on their own witnesses.
Oh well… Diemond was convicted, let’s move on… (Prosecutors still hold the responsibility to know even if they didn’t).
Roberson would throw himself on the sword and admit on the record that he was guilty of ineffective assistance of counsel.
Then Nave would admit to the same – that both of them had inadvertently “forgotten” to do criminal background checks on their witnesses.
Neither of them mentioned the King County PkB system in the prosecutor’s office that automatically alerts them of Brady Officers.
Then in concert, all three of these “officers of the court,” defense counsel Roberson, (leading the pack), Maggie Nave and Judge Jim Rogers orchestrated a circular legal argument that even if the jury knew of Westberg’s criminal Brady violations, it would not have made any difference in their guilty verdict because all the other State’s witnesses testified to the same thing as did Westberg.
Besides that, Roberson would diatribe, Westberg wasn’t really convicted (she pled guilty in both cases) because one of the cases (shoplifting/bribery) was dismissed (after a 12 month probation that she didn’t get caught on as she had at least 37 police events by this time of the 45 later found by 2013).
The other case VUSCA arrest, Roberson also would claim was dismissed.
The 35,000 ton elephant in the room.
The Westberg Brady violations just keep growing and growing into the gigantic elephant in the room.
The VUSCA case was NOT dismissed. It was “deferred.”
There is a difference and all of them knew it.
In order for the VUSCA case to be dismissed, Westberg would have to make an affirmative motion to show she had not been involved in any more criminal activity since the deferral was entered. She could not make that claim without risking 43 other criminal events showing up.
There is no record that the case was ever dismissed – even to this day.
Westberg’s sentencing was entered by Judge Mariane Spearman – wife to Court of Appeals Chief Justice, Michael Spearman.
There was another problem – a rather conspicuous one.
At Diemond’s hearings, Maggie Nave had completely misrepresented her knowledge level of Regional Animal Services of King County Animal Control Officer Jenee Westberg’s criminal career.
She left out one tiny little small detail as she feigned her ignorance, shock and surprise about Westberg’s criminal activity.
NAVE was the lead prosecutor who prosecuted Westberg for the 19-count drug arrest.
Nave would also know about Westberg’s shoplifting and attempted bribery arrest too (Nave also suppressed the latter from Westberg’s sentencing hearing).
At the end of the November 30th, 2012 hearing, Roberson would bring up the rear of this spectacular moment of legal cover-up with. “Oh by the way, Ms. Diemond also believes the photos were tampered with.”
To wit, Nave sniffed and rolled her eyes while saying, “Oh please. That’s ridiculous.”
Roberson lied to the tribunal as did KCDPA Maggie Nave.
Judge Jim Rogers let them.
Diemond was trying to find new counsel.
Diemond hired a private attorney, Jeff Jared to go after the photo expert.
The moment Jeff Jared was in contact with Roberson to get the Westberg arrest files, Jared started to sabotage the case just as Roberson did.
It was mostly about the digital photos.
By February 2013, Jared got caught red-handed.
Jared never sent the digital images in their native digital format to the photo expert that Diemond gave him.
Diemond ended up doing it herself in-between Jeff’s stuttering excuses.
That expert confirmed what Diemond found within days.
Then the expert refused to finish up his report because he was not paid enough.
Obviously Jared had mismanaged the funds Diemond had given him for the photo expert.
Diemond fired Jared.
Judge Rogers was only too happy to grant Diemond’s wish to fire Jared.
When Diemond went up to the Office of Public Defense to get her new attorney assignment for the Office of Public Defense, Dave Roberson was walking out.
If one didn’t know any better, one might think he was up there making sure Diemond got the “right” defense counsel for her next steps.
That turned out to be public defender Ramona Brandes. She was to prepare a motion for a new trial for the post trial work.
Finding Jason Markley and Cherish Thomas.
Roberson had refused to give Diemond any of the documentation on the cases where Westberg was exposed.
When Diemond hired Jared, Roberson had to hand it over. This was the moment it appeared that Jared was compromised. And Markley and Thomas’s rigged trials were now over.
Diemond found Jason Markley. They began to compare notes. She taught him how to research court records.
Both Diemond and Markley spent a lot of time looking up animal abuse cases.
They looked for Westberg. They looked for Mueller, SAFE, Hope for Horses and others. They hit pay dirt at least 23 times.
Every case they reviewed with Westberg was obviously corrupted from the outset.
Like Diemond, Markley was also on his way to the Court of Appeals, Div. I.
When Diemond’s hearings came up, he would often attend (much to the dismay of Judge Rogers).
Public defender Ramona Brandes.
There was a 5 day period where Diemond had no counsel in the transition to defender Brandes.
During that time, Diemond filed an extensive pro se brief calling out the Brady issue and Robin Cleary’s tampered photos.
To wit – shortly thereafter, Robin Cleary spontaneously had a staged break in of her police vehicle in the driveway of her home.
Along with her police laptop, mirrored hard drive, she lost her Canon Powershot G11 presumably with the SD card that took the photos for Diemond’s trial.
This was in the spring of 2013.
Diemond wouldn’t learn about it until the letter was sent out to Diemond and her now deceased mother June 21st, 2013 that their ID’s were compromised by the event.
Cleary didn’t notice anyone of her ID theft for over three months, a violation of state law.
Robin’s KCSO partner, Tony McNab got the call from Diemond in June 2013.
He was stuttering and speechless when Diemond asked him if it was Robin Cleary’s equipment that was stolen. “H-h-how’d you know that?!” he sputtered.
Diemond only replied, “It figures.”
When Tracy Vedder showed up from KOMO TV asking questions, the KCSO had to reprimand Cleary. That happened in July.
In the end, after an angry email exchange with Diemond, Brandes submitted an empty 17-page brief knowing the 400 pages of transcripts were altered because Diemond had just discovered it.
Brandes then withheld the new photo expert report she secured herself that the Office of Public Defense paid $5,000 for.
Brandes refused to call out Westberg’s criminal career record and the Brady violations. She placated, “Aww now, it’s not that bad. She’s not a career criminal…” (What?)
She refused to go after Dave Roberson for ineffective assistance of counsel even though he confessed it himself on the record. (Roberson used to be her boss).
Diemond attempted to fire Brandes over this. Judge Rogers refused to allow it or Diemond would have to go pro se (without an attorney).
In that choice, Judge Rogers denied Diemond’s constitutional right to an attorney.
It was clear at this point that Judge Rogers was part of the conspiracy.
Around the same time, August 2013, Dave Roberson and Judge Jim Rogers attempted to get a bench warrant against Jason Markley without inviting Markley to the party.
Only the prosecutor on duty that day found the stay pending COA and struck it. (Markley was lucky).
Diemond cut bait with Rogers and filed an appeal at the Court of Appeals Div I.
The period of appeal.
Diemond filed her appeal on October 18, 2013. This was a year after trying to get a new trial or have the case vacated.
Rogers ruled that because other State’s witnesses testified to the same thing as Westberg it would made no have made no a difference about the Westberg Brady violation.
Rogers was referencing Cleary who had already been exposed tampering and destroying evidence. Although Cleary only testified at pre-trial, her photos testified the entire trial.
It would be within six months that Cleary would be investigated, terminated for dishonesty and made a Brady officer.
“The neighbor?” (there was no neighbor except the juror who claimed he was).
There was also the embezzler veterinarian Hannah Mueller Evergreen and the lead suspect in the scalping of the mare Brandy at 8AM February 26th, 2011 while trespassing on Diemond’s property, KCSO Bonnie Soule.
And even now, there is an internal investigation on the now terminated Cleary for tampering with evidence in the Diemond case. The Internal investigations unit for King County Sheriff has been been sitting on it for 5 months.
Rogers managed to keep the photo tampering expert report out of his record even though Diemond had penned an extensive brief on it. It was suppressed in the exhibit room.
The Court of Appeals Div. I with Michael Spearman, Ronald Cox and Michael Tricky.
Diemond had another counsel assigned to her for the COA – Tom Kummerow with the Washington Appellate Project.
There are two firms that King County’s Office of Public Defense contracts for appeals. This was one of them. (Jason Markley would get the other one – Casey Grannis from Nielsen, Broman & Koch).
Appellate counsel Tom Kummerow would later reference the phenomena of all the witnesses testifying to the same story as “cumulative” witnesses in his brief.
If Kummerow had called it what he knew it was, a “conspiracy,” it might have struck a different chord with an honest COA panel.
He refused to do so.
Diemond attempted to defuse Kummerow’s roadmap.
She listed it “cumulative perjuries” in her Statement of Additional Grounds (SAG). Kummerow was visibly unhappy with that description.
Diemond’s SAG brief contained exculpatory (benefiting the defense) evidence that had been concealed from her by King County and specifically by Public Information Officer Kelli Williams of Frost vs Gilbert.
In May of 2014, Diemond filed a public records case against King County to stimulate production of the records she had asked for years earlier.
Kelli Williams manipulated her public records to the point that Diemond filed a second Public Records case against King County in June of 2015 based specifically on her withholding of the Brady data on Westberg and Cleary during Diemond’s COA period.
This would be exculpatory evidence that that no member of the Washington State Bar so far was willing to put in writing though it is their obligation to do so.
Diemond called it what is was – “cumulative perjury” in a conspiracy to commit fraud, obstruct justice and – a predicate act under RICO laws. (Predicate act is a smaller crime within the larger RICO claim).
The COA failed to consider any of the existing fraud in the record nor any of the new evidence of fraud.
The COA obfuscated their obligation to do so by placing a footnote on page 10 that this evidence in Diemond’s SAG was untimely (which was untrue).
Diemond had corrected the secreted clerk’s papers hidden in the exhibit room weeks ahead of the deadline. These were the briefs Diemond had put in the record herself pro se. She followed the slow boat to China from the evidence room to the COA 6 blocks away for three weeks to be sure it got there timely.
Chief Justice Michael S. Spearman, Michael J. Tricky and Ronald E. Cox were unanimous in their decision to not consider new evidence of fraud and to not consider suppressed exculpatory evidence. See footnote page 10 unpublished opinion.
Concurrent public records requests that King County was stonewalling on.
Of all of Diemond’s public records requests, by April of 2014, King County produced about 500 documents.
Diemond knew there was much more because of another malicious prosecution case (Lauri Hart) who had requested financial data on their case and they had received over 3,500 documents at the same time they were stonewalling Diemond.
This request was handled by the same public information officers in Records and Licensing Services (RALS). RALS is where they handle the accounts payable for Regional Animal Services of King County.
Norm Alberg is the director of RALS.
After a frustrating year (starting April 29, 2013) attempting to get King County to produce financial data on her case (and others), Diemond was forced to file her first Public Records Act claim against King County June 10, 2014 which involved RALS extensive lack of disclosures.
The train left the station.
King County was then (2014) represented by King County Prosecutor Nancy Balin.
Balin was also representing Regional Animal Services of King County (RASKC), information she did not share in the PRA case.
Given that much of Diemond’s case was about RASKC and their financial data was not being accounted for, this conflict of interest was troubling.
On July 7, 2014, Diemond’s appellate attorney, Tom Kummerow filed his brief raising Brady issues from the trial court regarding Westberg. Brady vs Maryland is the landmark case that made it illegal for prosecutors to withhold exculpatory (evidence that would tend to demonstrate the defendant’s innocence).
Kummerow refused to address many of the State’s fictitious claims on the record that Diemond had pointed out to him even though Diemond had proof of her claims in “new evidence” though public records.
Some of it was on the record before sentencing.
Kummerow’s brief was clearly a road map to the Court of Appeal panel on how they should rule against his client Diemond.
Kummerow refused to abide by his client’s request to ask for oral argument.
Unbeknownst to Diemond, on August 14, 2014, just 5 weeks after Kummerow filed his impotent brief protecting the King County Prosecutor’s Office from a certain Brady violation; a notice came into the email box of KCDPA appellate prosecutor Nami Kim.
Kim was the King County appellate Deputy prosecutor on Diemond’s COA case.
This email noticed Kim, specifically on Diemond’s COA case, that there was a new additional Brady Officer involved in Diemond’s case.
In fact it was one of the “cumulative witnesses,” Judge Rogers referenced in his ruling and that Diemond exposed as corrupt in her SAG brief.
It was also the person Diemond had been exposing since she got the the digital photos after trial.
It was King County Sheriff Major Crimes Detective Robin Cleary. Here are the first Brady notices on August 14, 2014:
The detail of Robin Cleary’s tampering/destroying evidence in the Diemond trial.
Robin Cleary was no stranger to Diemond’s allegations of fraud. The moment Diemond viewed the digital images she knew.
Only 3 months after trial, Diemond had briefed Cleary’s manufactured “evidence” photos into court records.
These were photos that Cleary took 3 months after Diemond relinquished possession.
These photos were taken after Hannah Mueller Evergreen (veterinarian), Jamie Taft, Bonnie Hammond (Save a Forgotten Equine) had time to starve the two horses for a compelling skinny horse photo opt in mid May to blame on Diemond.
These people were guilty of the same Class C Felony under RCW 16.52.205 that they fabricated against Diemond.
Cleary had attempted to change the date and time on the camera placing the time at 2:00AM because Cleary, a police officer, didn’t understand the camera was in military time.
There were close up shots of two injuries that the prosecution was trying to blame on Diemond as well in order to complete their “sell” to the jury.
One was of a whither wound that appeared to be a fresh scalp that KCSO Bonnie Soule might as well have confessed to since she apparently couldn’t get the blanket back properly on Brandy after the mare spooked when she scalped Brady in Diemond’s pasture at 8:00AM February 26th, 2011.
Diemond would only learn at trial – that on the morning of first contact February 26, 2011, Soule was busy trespassing on Diemond’s property 3 hours before knocking on her front door.
There was apparently some concern about Soule being seen on Diemond’s property, as of one of the countless alterations on the transcripts that were added to the transcripts was testimony that did not occur.
The added script addressed the color of Soule’s police uniform as blue. King County Sheriff’s uniforms are tan and green. Seattle Police Officer’s are blue.
The second wound was on the mare’s hind pastern (ankle area).
The photo used was close up thus it does not identify the horse the pastern belonged to.
The pastern wound was shown to the jury as “Exhibit 41.”
There was no source identified. It was later located on SAFE’s CD.
All photos on SAFE’s CD were determined by the photo expert report as being graphically altered.
The pastern wound could have been on any horse or taken from a magazine.
A complete absence of “Chain of custody.”
If there is no “Chain of custody” anyone can just make up anything and it becomes “evidence” and that is exactly what King County did.
In all reviewed cases, “chain of custody” is non-existent and completely ignored by the court, prosecutors and the compromised defense.
“Chain of Custody – Verdicts that are based on tainted, unreliable, or compromised evidence would undermine the integrity of the entire legal system if such outcomes became commonplace.”
In King County it is not only commonplace, it is a fine business tool to steal.
The pastern wound was a curved cut about 2 – 3 inches and some of the hair was gone. It was the type of wound a horse might get by accidentally stepping on itself while in a trailer where their balance is compromised when someone takes a corner too fast.
It did not look serious. Although when it is blown up 288X on an overhead projector so it is goes from a 3 inch wound to a 6 foot wound, one’s perspective could be compromised.
When reviewing Cleary’s “photo evidence” shots (the ones Cleary testified were taken the day after Diemond gave the horses up for adoption), among them were full body shots of the mare, Brandy.
Cleary’s police issued Canon Powershot G11 is a great little camera. One can zoom in anywhere in the shot and get complete clarity.
When one zooms in to look for the pastern wound, somehow that little pastern wound had completely healed up and all the hair grew back.
According to KCSO Robin Cleary’s testimony, this would be a time frame of just about 5 hours according to the user-defined tampered date/time of 2:00AM.
But wait! There’s more!
In 2013 post trial, Appellate attorney Ramona Brandes secured the new photo expert.
Judge Rogers was clearly displeased about this but what could he say? The former expert had become so uncooperative; Brandes could not talk to him. Brandes was confident it would be fine.
Well, it was fine – for Diemond. When Brandes got the photo expert report back, it said exactly what Diemond claimed and just like the former expert who had become hostle.
All the photos from SAFE had visited a graphics program (like Photoshop).
Westberg had photos missing between Saturday and Sunday.
Westberg’s Exhibit 11 of the phony shed next to the 30’ DOT cement noise barrier was taken about 3 hours after Westberg left Diemond’s property (verified by Westberg’s GPS).
The “Camera Temperature.”
Cleary’s shots? Cleary’s shots had another issue that Diemond had not noticed yet. It was the “camera temperature” (that is NOT user-defined).
All Cleary’s shots metadata registered the “camera temperature” at around 61°F over a period of 15 minutes.
“Camera Temperature” is a metadata item under a section called “Maker Notes.” “Maker Notes” are metadata items for the manufacturer (Canon) to diagnose performance issues on their gear.
On February 28, 2011 the recorded historic weather temperature was 38°F at around 2:00PM within a mile of the location in Monroe where the shots were allegedly taken. (It was either SAFE or Hannah Mueller Evergreen (don’t know for sure because both were billing King County at the same time at two different locations – but both are in close proximity to each other).
The manufacturer (Canon) recommends safe climate temperature for use on this camera as between 32°F – 104°F.
Any temperature that falls within 8 degrees low or high in this range is not guaranteed to have normal functioning.
In the lower range of 32°F – 40°F there is a phenomenon that would occur called “dew point.”
At 38°F there is a practical guarantee there will be “dew point.” And along with it, accompanying malfunction and the lens will condensate (“dew point”).
This can be seen on the images as a blurred shot in the numbered series that the camera automatically assigns to the shot. Also the camera will misfire.
Cleary’s images did not demonstrate ANY of these items. It did not malfunction. There was no condensation on any of the shots, and the metadata was a consistent 61°F.
The shots could not have been taken on Monday February 28, 2011 during the coldest winter on record while it was 38°F.
In fact, the next opportunity to capture those conditions would have been April 25th, 2011.
Cleary’s report notes state she called… to “check” on the horses for photos that day.
The next opportunity was May 25th which was nearly three months after Bud and Brandy left Diemond’s care and were in Hannah Mueller Evergreen and/or Jamie Taft/Bonnie Hammond (SAFE)’s care.
Brandes would attempt to suppress her OPD paid $5,000 photo expert from her motion for a new trial in the face of an outraged client.
Diemond put it in the record herself while trying to fire Brandes (and then the court suppressed it again). This was in September, 2013.
Three weeks after Diemond made the first allegations (February of 2013) that Cleary tampered with the photos, Robin Cleary suddenly lost her Canon Powershot G11 along with her police-issued laptop, her police-issued mirrored hard-drive in the driveway of her home from a break in of her police-issued police vehicle where she is not supposed to leave these things ever.
Cleary claimed the vehicle side window was broken.
Cleary reported the theft and break-in to the Auburn police the next day by phone 10 hours later.
The Auburn Police Department conducted no investigation.
By 4PM that day, Cleary had her vehicle repaired – the windshield was replaced – not the side window.
There is more detail to this but suffice it to say, Cleary obviously manufactured the event to lose the camera so it could never be examined.
Cleary destroyed evidence.
Her partner Tony McNabb was protecting her.
In July 2013, Cleary was reprimanded for the 6,000 identities she compromised through the loss of her mirrored hard drive.
Evidently the King County Sheriff thought it was a good idea to have Cleary in charge of sending out the notices to all those innocent people she exposed to ID theft and to field all the angry people who got the notice three months late after the fact.
Diemond was exposing Cleary within moments of reviewing the digital shots Cleary took.
Along with the nondisclosure of Westberg’s criminal career, these are two gigantic Brady complaints in favor of Diemond’s defense.
As Diemond got more public records, the complaints became more and more substantial and enormous. Everyone knew it. King County knew it. All of Diemond’s defense counsel’s knew it.
Yet Judge Rogers found in his ruling October 18, 2013, after hearing all this new evidence oozing up from King County’s cesspools, that all the other witnesses testified to the same thing as Westberg (including Robin Cleary), that even the testimony of a neighbor (that wasn’t a neighbor – who didn’t testify – he was a potential juror) denying Diemond a new trial or vacating the case.
A closer examination of the altered transcripts, word by word reveals newly discovered evidence tampering.
In the fall of 2014, while reviewing in detail every word to the audio to determine just how many alterations were made, Diemond realized that the October 2, 2012 transcript was actually missing, (another day’s transcript had been mislabeled as October 2, 2012 when the transcription was really Sept. 27, 2012).
Diemond immediately asked her appellate defense counsel Tom Kummerow to order the missing days and order an extension at the COA.
He was curiously resistant. “It was just voir dire (preliminary examination of potential jurors) he said. “There isn’t anything there. They never transcribe voir dire he said” (untrue). These are not the droids you’re looking for. Move along…
But the “Opening” arguments were also on that day Diemond argued.
Kummerow could not defend that.
It took a week of Diemond pestering Kummerow to get him to comply. He had to ask the COA for an extension.
The COA granted it.
Unbeknownst to Diemond (though his behavior suggested it), public records show that Kummerow was working behind the scenes sharing attorney-client privilege with King County Deputy Prosecutor Nami Kim through Kim’s paralegal. (That way if asked, Kim could say she never talked to Kummerow).
Kummerow was covertly working against one of the biggest fraud discoveries in Diemond’s case.
He was intent on keeping the altered transcripts concealed.
All were egregiously re-written and altered trial transcripts.
When Diemond pointed out to Kummerow that the transcripts were re-written (compared to audio), that there were two days missing and one mislabeled, not only did he resist correcting the record, in whole, he failed to act.
There was no bona fide record of the trial.
While Kummerow was betraying and placating his client Diemond, he was making sure KCDPA Nami Kim, her boss and another supervisor knew he was not going to help Diemond defend herself because clearly, the missing two days of transcription had things within them that someone(s) wanted concealed.
Nami Kim, Jim Whisman and Deborah Dwyer all had a keen interest in suppressing Robin Cleary’s undisclosed Brady information from Diemond seven months earlier.
However, by March 2015, Diemond was still in the COA and Cleary’s Loudermill was completed.
Cleary had been found guilty, terminated for dishonestly and made a Brady Officer.
Yet not one of these people disclosed this information to Diemond.
Tom Kummerow was supporting the prosecution by telling the paralegal for King County Deputy Prosecutor that he was not going to defend his client while his client (Diemond) didn’t know about his plans to stand down.
He let them all know that he was “not planning to rely on this supp (altered transcript) in any way; his client wanted it.”
The following (plus the secreted transcripts) were sent to Nami Kim.
It was also cc’d to Jim Whisman (Supervisor of the Appellate Criminal Division) and to Deborah Dwyer (Senior Deputy Prosecutor).
Both Whisman and Dwyer argued to suppress Robin Cleary’s Brady information from Diemond seven months earlier.
It turns out both MIA transcripts were very important.
October 2, 2012 King County Prosecutor “fellow” Tony Wisen committed perjury in front of the jury in his “open.”
it also had the jury selection that – though altered – showed juror #28 (he was originally juror #57 in the pool) had 4 hours to negatively taint the rest of the pool implying heavily that he was one of Diemond’s neighbors and that he had “inside” information on her situation – that didn’t exist.
Aside from living a mile and half away in a completely different neighborhood within the City of Woodinville, juror #28 er #57 wasn’t actually one of “Diemond’s neighbors.”
Public records identify this juror as Bradley R Niemeyer.
There was some effort to make it appear on the record that juror #28 (that would be Niemeyer) was excused after being interviewed (mostly by Judge Rogers) but he can be heard on the audio as juror #28 later as part of the impaneled jury.
The clerk would file her “clerk’s notes” a year late.
Her clerk’s notes state that juror #50 was excused… only public records show that there were 49 jurors – one short of 50.
Diemond was told by Roberson at trial that there wasn’t going to be audio because the recorder was broken.
There would be live transcriptionists instead. Not to worry because transcriptionists never make any mistakes…
Diemond took her own audio of the trial. It would include all her attorney-client conversations including Roberson’s bullying and puffing.
As it would turn out, every transcript from Diemond’s trial was egregiously altered.
They were so altered; they hardly resembled the original audio.
It was clear whoever it was who did the editing, thought there would be no audio to prove the transcripts were tampered with.
After Diemond went on a fishing expedition to check, she was able to determine that the transcripts were altered somewhere at or before Tom Kummerow’s possession.
This means it could have happened with Ramona Brandes’s possession as well or with the transcriptionists themselves.
One of the the transcripts was so badly altered, it appeared the transcriptionist was impaired or drunk. He talked about a son that Diemond doesn’t have for about three pages.
When the COA due date for the second MIA/concealed transcript came, both Kummerow and the transcriptionist failed to meet the deadline and the COA was threatening a dismissal of the case.
It was Diemond who informed Kummerow that the case was being threatened with dismissal.
How public records revealed the malicious prosecution and fraud.
Even with an active Public Records case looming and a PRA attorney present. King County, under the notorious KCDPA Nancy Balin, stonewalled for another year (three years total).
Balin started with one absurd settlement offer.
On March 18, 2015, Balin requested Diemond and her attorney to a mediation where, Balin, Norm Alberg (director of Records and Licensing-RALS), Shelby Miklethun (Kelli Williams subordinate), Christine Oh (Loss mitigation for King County Executive Dow Constantine) attended.
During that same time in 2015, other sources alerted Diemond that both Cleary and Westberg had been terminated in late 2014.
No one from King County told Diemond.
King County had not disclosed an iota of this while knowing full well that Diemond’s case was full throttle at the Court of Appeals (and that Jason Markley’s case was just ahead of her).
Diemond immediately requested all Westberg’s and Cleary’s data.
At the mediation, she asked again.
By the March 18th, 2015 Public Records case mediation, Diemond had gotten no data on Westberg or Cleary from King County.
At that meeting, Shelby Miklethun and Kelli Williams both promised to expedite the withheld Brady data on Cleary and Westberg that resulted in the terminations in late 2014. They didn’t.
Knowing Diemond wanted exculpatory evidence to support her Brady claim in her appeal deadline, Kelli Williams then provided misleading information at the last moment.
As a result, on May 21, 2015, Diemond filed a second PRA lawsuit claim based on King County withholding Cleary and Westberg’s Brady information.
In September 2015, Williams provided the “juicy” (Kelli’s words) data that Diemond could no longer use on appeal. There was also a change in attorneys in the PRA case on King County’s side.
Balin was gone.
New attorneys John Gerberding and Amy Eiden were now at the helm. With that change came 1,000’s of pages productions. It was like an informational tsunami. (It is currently around 35,000 pages).
A year later, in February of 2016 Ms. Balin was ushered out of her prestigious King County door by John Gerberding.
Gerberding would also represent Regional Animal Services of King County as Balin did before him.
If there could be any doubt that King County withheld Brady information on not just Westberg but on Cleary also, the following email threads just discovered confirm their intent.
Not only did King County know about it. At least 40 attorneys discussed whether they should disclose Cleary’s Brady issues specifically related to Diemond’s case including Jim Whisman and Deborah Dwyer).
KCDPA Chief Dan Clark, the founder and chair of King County’s “Brady Committee,” whose executive assistant was Jenee Westberg’s mother, Ann Westberg, led the charge to stand down.
All the participants actively, with pre-meditation and forethought, concealed Robin Cleary’s designation as a Brady Officer from Diemond’s case knowing that Cleary was already a Brady issue in virtually every brief submitted since 2013 when Cleary destroyed evidence to her police-issued Canon Powerpoint G11 camera.
There are over 40 attorneys on these threads.
They include Kathy Van Olst of the failed fabricated APS allegations and Maggie Nave, (the “fixer” who did not disclose her own prosecution of Jenee Westberg).
It also includes Shaya Calvo who brought the second illegal bench warrant action for Jason Markley as an apparent favor for “Drug Court” Chair Cheryl Carey in August 2015 – two months into an 8-month stay Judge Cheryl Carey signed herself in 2013. (Judge Cheryl Carey was the trial judge in the Jason Markley and Cherish Thomas cases).
Cheryl Woods is Dan Clark’s paralegal.
Below are those emails:
King County even admits that the 9th District Court ordered them to not wait in U.S. vs Olsen and King County completely ignored that directive in this case.
And since in 2016, there has been the Joshua Frost case. (King County has not stopped).
Apparently Matt Pang was right.
It appears the kickback system has a far reach. “This is just the way it’s done in King County.”
It’s all about those King County car salesmen (and drug addicts) without wheels on King County’s payroll expecting their “bonus” (kickback).
King County gets to make their own rules no matter what the 9th District (or the law or the constitution) tells them they have to do.
Diemond is at the level of her Personal Restraint Petition (PRP). She has filed at the Supreme Court.
They have referred it back to the Court of Appeals Div. I where on Appeal they have already refused to consider the fraud, conspiracy, the RICO and the Brady violations that were in the record at the time.
What will they do with the new evidence of fraud is the question. Will they “lawyer” their way around that too?
Diemond has asked to enjoin Markley and at least 9 other cases with hers. The fray is getting more interesting by the minute.
Given her last experience with the compromised COA in Div I, Diemond is not optimistic and is preparing to go to the 9th District Court of Appeals.
Racketeering is the name of this game and King County is very good at stealing from the good taxpayers whom they are supposed to serve.
King County employees are indeed “Livin’ the dream.” A bad dream…