Dear Readers,
I'm writing you in regards to my criminal case. I'm innocent and I can prove it; my attorney fraudulently concealed the exculpatory evidence that proved my innocence. This constitutes fraudulent representation and obstruction of administrative justice as well.
I would greatly appreciate it if you were to refer me to someone who could represent me in this matter.
This facility will reject all legal mail that does not have the attorney's bar number on the outside of the envelope.
I would like to thank you in advance for your time, patience, and concern in this matter.
Respectfully,
Steven McCary
DOC # 60886
CMC - FMCC P0 Box 300
Canon City, CO 81215
[Editor's note: Steven admits that he has a dubious past but maintains his innocence on his present convictions. He has included a story that explains what happened, in his words.]
The Story
I'm writing to you in regards to my current situation. I was arrested for protecting my children and I can prove it.
On July 5th 2006, my ex-wife was smoking Methamphetamine with two juveniles. One of them was leaning on the crib with my daughter in it. I yelled at the two young juveniles, "to get the f**k away from my daughter with that s**t!" They both left. My ex-wife started yelling at me and I started yelling back at her.
The police were called and when they showed up I told officer Dixson that I wanted my children to be taken out of there. He asked me what was going on and I told him that they were smoking Meth in the house by my 10 month old daughter who was crying and not being attended to. I was very upset and feared for my daughter's life!
I then gave Officer Dixson a mirror that had Meth on it and told him that I had just taken it out of the house. Officer Dixon then went and talked with my ex-wife, who is Terry McCary, then he talked with Marrina Harris and the rest of the juveniles that were smoking Meth.
The other officer stayed with me and asked me questions, then both officers talked with each other. At that point they walked back to me and asked, "Mr. McCary, haven't you been to prison before?" My answer was, "Yes, why?" They said, "Turn around, you're under arrest for Burglary, Trespassing, Domestic Violence, and Menacing."
I now know that there was an on-going investigation concerning my ex-wife and her boy friend manufacturing Meth in the house. I was getting in the way of their investigation, so they arrested me to get me out of the way, instead of doing their job which should have been, calling the K-9 Unit after they received an eye-witness statement concerning my statement to the Officers that my ex-wife was smoking Meth with two juveniles in the same room where a child was! Then, contacting Emergency Child Services and having my daughter taken to the hospital to be checked out completely.
Nine days later I was released on bond and was told that my pocket knife was still at the Longmont Police Station, so I went there to get it back.
When I got to the Police Station and spoke to the Property Officer, she brought out a big brown paper bag. I looked at the Officer and asked, "What's this?" She opened it up and took out the very same mirror that I took out of my ex-wife's house, with Meth on it, and had given to the Police Officers for evidence. The Property Officer was trying to give it back to me along with my pocket knife. I told the Property Officer that the mirror was evidence and that it should have been tested for the Meth that was on it and fingerprints. At that point, I walked away, leaving the mirror on the counter.
Then I called my public defender who told me not to worry if the Longmont Police failed to do their job or failed to do it correctly and that it would come out in court. It's been close to three years now, and I'm still waiting!
Now on or around the 23rd of July, I received a phone call from my public defender, who told me that there was a warrant out for my arrest for Burglary, Trespassing, and Violation of Bond. "Allegedly," I had broken into my ex-wife's house the day after I was released, which would have been the 14th of July.
However, it was not reported until the 19th of July. The police report was still being investigated on July 21st. And, according to Officer Goldwares' police report, page 3 of 3, Officer Goldwares had completed his arrest warrant and was just waiting for a Judge's signature on 7-28-2006. That makes no sense.
I know that my ex-wife and Angela Vasquez falsified the police report for more reasons than one. I believe their main reason was because they sold and did drugs together. The second warrant for my arrest was submitted because Terry McCary, my ex-wife, knew after I had seen her smoking METH around my daughter, that I was going to have Social Services remove my two children from her custody.
So, with my past convictions, the fact that I had no more than completed 2 yeasrs of parole, not to mention that a few weeks earlier I was just arrested at my ex-wife's house, the false report was not questioned or even investigated. Angela Vasquez was the D.A.'s eyewitness although she gave four different versions of what supposedly happened.
When I confirmed that there was no mistake about the warrant’s existence, I called my bondsman and told him there was an arrest warrant and what did he want me to do. My bondsman bonded me out again for $500.00 down and payments.
Shortly after that, I fired my public defender for not diligently representing me. I then spoke to Richard Irvin, Attorney at Law, and he informed me that his fee would be $5,000.00 for both trials. $2,500.00 up front. It took me 8 to 9 months to raise the money.
From day-one of talking with my new attorney, I let him know that my children are my number one concern. I was only trying to insure the safety of my children on July 5th 2006 and as for July 14th 2006, I really was not there.
A friend of mine told me about the "Choice of Evils Defense" which states that a parent, guardian, or other person entrusted with the care and supervision of a minor may use reasonable and appropriate physical force to insure the safety of the minor. SEE: Colorado Revised Statutes 18-1-703(A). However, the Choice of Evils Defense was not used by attorney Richard Irvin, even though I had asked him to. I also gave Mr. Irvin some tapes of my ex-wife threatening me in messages left on my phone.
I had to get a protection order against my ex-wife at which point she committed perjury, with the D.A. from my criminal case sitting right beside her, which is undue influence for the D.A. to be present in the court room during a civil proceeding, not to mention that Terry McCary was never charged with perjury. I still have the tapes and can still prove perjury by my ex-wife. I even filed a motion with the Judge for voice identification in Colo. Rules of evidence 901 (5). Motion was denied.
I also received reports that were done by Social Services concerning the continual drug abuse, child abuse, child neglect, and other criminal activities at Tery McCary 's residence. Attorney James Kennedy was the one who provided me with the Social Services investigated reports concerning Terry McCary.
By the day of the trial, I had provided Mr. Irvin with more than enough witnesses to testify, however, I as the only witness called out of the 12 we had. Now since my attorney, Mr. Irvin, never let the Jury hear the tapes of my ex-wife making threats to me, or call any of the 12 other witnesses like I asked him to, or the fact that the choice of evil defense was not used as I had asked, or let the Jury read all the Social Services investigation reports concerning Terry McCary's drug abuse, child abuse, and neglect, not to mention the mirror that was never tested for drugs or fingerprints, is it to anyone's surprise that I was found guilty??
I received another report from Attorney James Kennedy concerning the Social Services report that Terry McCary had tested positive for Cocaine on July 26th, 2007. That was the day after she took the stand and testified against me! (Cocaine stays in your system for as much as 3 days.) How does this constitute a reliable witness?
Now Mr. Irvin filed a motion concerning Terry McCary's positive test for Cocaine, after I told him to. However, the dates were wrong and the motion was denied. You could not believe my surprise when I was sentenced to 12 years in prison for trespassing.
It came to my attention, in the hallway, that Attorney Richard Irvin, had pled guilty to "Habitual Criminal" without my consent! I know, without any doubt, that my Attorney, Richard Irvin, had conspired against me. I had paid Mr. Irvin $4700.00 so he could stab me in the back and sell me out. Mr. Irvin made sure that I was found guilty by not calling my witnesses or showing the Social Services reports about Terry McCary or her commission of perjury. Mr. Irvin then attempted to coerce me into taking a plea and when I would not do it he threatened to withdraw as my attorney and then did so for that reason.
April 18th, 2008, Mr. Irvin withdrew and Attorney Greg Friedmen was appointed to represent me, by Court. This appointment of Mr. Friedman was in error because of the following:
Attorney Greg Friedmen had represented me before back in 1995 and I fired him. Because: I had been granted over two years of presentence confinement, but never received them. Mr. Friedmen would not file the correct motions with the Boulder County Courts. Every time I would show Mr. Friedmen my legal papers, he would say, "These are the wrong ones." I would show him the Judge's signature granting the presentence confinement. Mr. Freidmen would always argue with me and I knew he was not doing his job.
Mr. Freidmen came to C.S.P. to see me and once again we argued and that is when I fired him a second time. Mr. Freidmen then withdrew as my counsel because of an irreconcilable conflict of interest. How does an attorney lose two years of presentence confinement that a Judge has already awarded to me? Mr. Freidman said that was not possible but that he would look into it.
Trial was now set for September 8th, 2008, with Mr. Friedmen as my counsel. I expected Mr. Freidmen to contact me concerning the motion to withdraw because of an irreconcilable conflict of interest back in 1995.
I never received one letter from Mr. Friedmen about the conflict of interest. I did, however, write to Mr. Friedmen about the transcripts that would prove my ex-wife's perjury. Mr. Friedmen told me repeatedly that he could not find them. Mr. Friedman kept asking me for the case number.
So, I started asking a few jail-house lawyers and Mr. McCarthy told me to file for a "Register of Action." (Note: I think this is the same Mr. McCarthy who wrote all those articles on my site! ---Bryan) I did so and was not only able to get the case number, but I also go the Judge's name, the time, the date, everything!
Once that had been done, I realized that Mr. Friedmen knew, but fraudulently neglected to do that very same thing. At that point I wanted more evidence of ineffective assistance of counsel.
I had my A.A. sponsor hand deliver, to Mr. Friedmen, the tapes of my ex- wife threatening me. When I saw Mr. Friedmen five months later I asked him if he had checked into the conflict of interest from the 1995 case. Mr. Friedmen became very angry and said, "I thought we had that behind us." Then I asked him what his line of defense was going to be. He and I discussed his legal strategy for my up coming trial and I told him that he was mistaken about some of the testimony. I disagreed again and again.
Finally, I told him to look at the preliminary hearing transcripts. Mr. Friedmen argued and said, "there was not a preliminary hearing on this case." I asked Mr. Friedmen why he would say such a thing. He told me, "Because the D.A. said that there was no preliminary hearing." So I told Mr. Friedmen that maybe he should go to work for the D.A.'s office. I said, "I know there was a preliminary hearing because I represented myself." Then I asked him to get the preliminary hearing transcripts. I knew then, after all the arguing, that I would lose at trial if Mr. Friedmen was my attorney.
I asked Mr. Friedmen if he got the transcripts from the no contact hearing. He said, "No." I told Mr. Friedmen that we had another conflict of interest. I was not going to waive my right to conflict free representation.
Mr. Friedmen asked me if I wanted him to contact the Judge or was I going to do it myself. I told him to go ahead. He should have done that five months ago like he said he would.
Mr. Friedmen was in court three days later after I decided to write to the Judge. He gave the Judge a motion to withdraw because of an irreconcilable conflict of interest from 1995. He also explained how I (Steven McCary) had told him about the conflict of interest.
The D.A. told the Judge that this is just a ploy by Mr. McCary to postpone trial. (The D.A.'s ploy was to claim that I had a ploy). I finally got to speak about all of the things Mr. Friedman had not done.
The Judge said she was going to go over everything and let us all know. I was informed the next day that I was stuck with Mr. Friedmen as my attorney. This decision by the Judge violated my 6th amendment rights, twice.
It also violates the Colorado Rules of Professional Conduct Rule 1.9 Conflict with former client.
It violates the Colorado Code of Judicial Conduct Canon 3. Not being impartial.
Plus, the malicious prosecution by the D.A. for allowing my ex-wife to perjure herself for a conviction.
Now, let's look at the word "conspiracy" in the American Heritage Dictionary, the third definition. It reads, "Law: An agreement between two or more persons to commit a crime or accomplish a legal purpose through illegal action."
The day of the trial, before the trial started, I filed a motion for rehearing of conflict free representation. Mr. Friedmen, at trial, never showed the Jury the transcripts which proved my wife perjured herself.
Mr. Friedmen never did any investigation on either one of the D.A.'s witnesses.
Mr. Friedmen never let the Jury hear the tapes of my ex-wife threatening me.
I believe, from the evidence I have shown to you, that you already know that I was found guilty. I was set for the habitual criminal stages of the trial with Mr. Friedmen as my attorney.
I panicked and started writing letters to everybody including the Attorney Regulation Counsel. I was finally able to get Mr. Friedmen off my case!
I asked Mr. Friedman, the day after trial, to file a motion for Arrest of Judgment. Mr. Friedmen said, "No, why would I do that?" I told him to show the Judge all of the evidence he did not show the jury. Mr. Friedmen yelled at me, "Don't tell me how to do my job!" Then he hung up the phone.
I am now preceding pro-se because I feel like I can never trust another attorney. I have already done more on my own behalf than the other two attorneys, combined.
I know that if the Judge and D.A. get their way, I will be sentenced to 30 years in prison. Twelve years for trespassing, consecutive to the other12 years for trespassing, which is consecutive to the 6 years sentence for violation of bail bonds.
Now hang on to your hats because the poor little abused ex-wife was arrested on 4-21-2009. A young boy was making a pass at her during a pot/meth party that Terry McCary held on 4-20-09. Terry asked some of the other juveniles to throw him out of the party, so they did. Then they followed him into a nearby park and beat and stabbed the young boy, to death!
I am so scared that something is going to happen to my children, you would not believe it!
If the Longmont Police would have listened the first time, when I was arrested, the boy would be alive. If the Longmont Police would have called a k-9 Unit, and emergency child services, the boy would still be alive. If the Longmont Police had tested for fingerprints and drugs on the mirror, they boy would still be alive. If the Longmont Police would have done their job correctly, that boy would still be alive.
There was an on-going investigation on my ex-wife for drugs before my arrest on 7-5-2006. The Social Services reports show the continual drug use and the continual child neglect/abuse.
I can prove Terry McCary perjured herself and was high on Cocaine when she testified against me. I, at this point, need to ask why I was arrested, why was I sent to prison, why 30 years?!? Marrina Harris was one of the people involved in the beating and stabbing of that young boy to death.
I can prove everything in this report is true and accurate, 100%. I hope that I can show all of my exculpatory evidence to someone in authority for an acquittal.
My children are in foster care again and I'm scared that when my ex-wife gets them back, one or both will die.
For more information or proof concerning these statements, please write to me at:
Steven McCary
DOC #60886 CMC - FMCC PO Box 300
Canon City, CO 81215
I, Steven McCary, hereby certify under penalty of perjury, that everything is true and correct!
Steven McCary
Afterward
(Steven also gave me a piece of paper with the following lists of names and the following introductions. I'm going to list them, but I'm not going to attest to their validity or invalidity. I'm just posting them in the interest of giving inmates a voice.)
Judges illegal and mis-conduct hurts children:
-Gwyn Whalen D. D. Mallard Beekenkotter
-D.A.'s illegal and misconduct hurts children
-Karnen Peters Peggy Wallis Carrie Wallace
Fraudulent representation by attorneys:
-Richard Irvin
-Pamala Gram
-Ellen Eggleston
-Gregg Friedman
-Dera Thomas
Man convicted on perjured testimony:
-Terry McCary
-Christian Stone
-Angelita Vasquez
-Debra Thomas
Evidence Hidden that Proves Man's Innocence:
-Longmont Social Services
-Boulder County Sherriff
-Boulder County D.A.'s Office
-Longmont Police Dept
-Boulder County Drug & Task Force Unit
See Phone Records for Terry McCary
Prediction of Childrens' Danger comes True!
-See Court Records April 18, 2008
-See Newpaper clippins, April 24, 2009
For further information to find out how you can help writ to Steven McCary, DOC # 60886 at CMC - FMCC P0 Box 300 Canon City, CO 81215
