Credit to Wikipedia on Marsden Motion – By Donna Westfall – July 9, 2017 – There were very few people from the public that attended the Bryan Ranger Trial. But for those of us that were there day in and day out, it didn’t take long to recognize that Bryan’s attorney and private investigator were inadequate for the task.
Everyone is familiar with the thousands of divorce and custody cases that go to court where sexual molestation is claimed clearly as collateral leverage.
Direct evidence exists that the charges against Brian were threatened illegally, and that the charges were brought only because Brian refused to surrender his parental rights to his daughter, Mercy, to Sasha Upton. Every shred of this evidence was kept from trial. Under the law, using the threat of charges of sexual molestation for collateral leverage is illegal. Since this case relies almost exclusively on Mercy’s testimony, this evidence would destroy her credibility. Remember, this is a case without a shred of forensic evidence.
Shockingly, we learned that all charges would be dropped if only Bryan would sign the guardianship paperwork. If he refused, he was warned he’d be sent to prison for 20 years.
Who appointed Attorney Cater as Bryan’s public defender?
Answer: Del Norte County.
Who would get sued if Bryan was found NOT GUILTY?
Answer: Del Norte County.
Why is 40+ year old Marcus Nash still free when historically statutory rape of a 14 year old would have him arrested and charged?
Answer: Don’t know.
How many people have been released from prison because false evidence was admitted or real evidence was withheld?
Answer: According to the California Innocence Project, 1,916 have been exonerated.
What is a Marsden Motion?
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. It is based on a defendant’s claim that the attorney is providing ineffective assistance.
You see, A criminal defendant cannot simply fire a court-appointed attorney. The trial judge has discretion whether or not to appoint new counsel on request of the defendant.
The basis for making the motion may be inadequate or incompetent assistance of counsel, or legal malpractice. The defendant must establish that the representation has been inadequate.
Once Bryan presents the Marsden motion to the court, the court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
Here are just five questions among many, many more that Bryan is asking?
Why didn’t his attorney cross examine Mercy Ranger more fiercely to catch her in her numerous lies?
Why didn’t his attorney present evidence on the attempted illegal blackmailing which should have destroyed the prosecutions case?
Why didn’t his attorney have Sasha Upton, Marcus Nash, Jon Alexander and Walter Throop on the stand?
Why didn’t his attorney spend more time with witnesses for the defense?
Why didn’t his attorney provide Bryan with all the discovery to which he was entitled?
Is it any wonder that questions are forming about whether or not the trial was thrown?
Now here’s a dilemma. Bryan Ranger is entitled to a FREE copy of the trial transcript. BUT, the only way he can get it is for his ATTORNEY TO ORDER IT. Meanwhile, his attorney said he would come in and meet with him last week. NOPE. NO SHOW. Surprise, surprise.
- While Bryan works on the Marsden Motion, without the benefit of the trial transcript, the Crescent City-Del Norte County Taxpayers Association is planning on meeting Thursday, July 13th at 5:30 pm at 937 J St., Crescent City. The public is invited. One of the goals of the tax association is to ferret out corruption and point out and educate the public on how it affects the taxpayers. WHEN PUBLIC DEFENDERS TAKE MONEY WITHOUT PERFORMING THEIR DUTIES THIS IS CALLED TAXPAYER FRAUD!
- One of the agenda items will be a discussion on whether or not the group should initiate a lawsuit for suppression of evidence and taxpayer fraud against Bryan’s Public Defender, Attorney William Cater, and Private Investigator, Charles Rafferty. Their billing currently exceeds $100,000 combined. As a reminder, it didn’t take the taxpayers association board members long to figure out that in all likelihood Mercy was involved in a sexual relationship with Marcus Nash because that’s the only thing that made any sense. (See article published in www.crescentcitytimes.com titled “Breaking News: Mercy Ranger Confesses on April 13, 2017 and “Breaking News: Part 2 – Mercy Ranger Confesses” published on April 16, 2017.)
Some of the questions the taxpayers group are wondering about:
Sasha Upton: How long has she known about her son, Marcus’ propensity for sex with underage girls?
Mercy Ranger: Is it true that she and 40+ year old Marcus Nash broke up when she was 16 years old because she caught him cheating on her with a younger girl?
Del Norte Sheriff’s Department: Why haven’t they investigated and arrested Marcus Nash on statutory rape charges and allegations of attempted rape?
To the Public: Do you think that maybe, just maybe the wrong man (Bryan Ranger) was arrested and found guilty on flimsy, fabricated and circumstantial evidence while Marcus Nash is being protected? If he’s being protected, by whom and why? HINT: Could it be his mother, Sasha Upton because she doesn’t want to see him go to prison and labeled a sex offender for life? And how close is Sasha’s association with former disbarred DA, Jon Alexader, the guy who called in the troops that fateful date, December 29, 2011 which was the beginning of the end for the Ranger family?
The second agenda item will be a discussion on what the tax association can do, if anything, to complain to the Grand Jury about Jim Barnts being a Grand Juror. Judge William Follett is Presiding Judge. Another big surprise. Remember the allegations of corruption on the Wastewater Treatment Plant and $43.8 million loan that the City couldn’t and still can’t afford? We maintain that Jim Barnts gets a lot of credit for that fiasco, and the Grand Jury investigation of 2008, 2009, etc., was allegedly abruptly halted by Judge Follett.
The third agenda item will be a discussion and update on the recall of 2nd District Supervisor, Lori Cowan as to whether or not the recall has served it’s purpose. The public has been notified of her character. Is it time to pull the plug?
The taxpayer’s association is a 501(c)3 non-profit with eight board members currently:
1st District – Doug & Donna Westfall
2nd District – Jesse Salisbury, Wes Nunn
3rd District – Connie Morrison
4th District – Jackie Simonsen
5th District – David & Lori Markel
The meeting will be video taped.
9 thoughts on “Will a Marsden Motion lead to a new Trial for Bryan Ranger?”
I think we should design a nice hat and sell it to raise money to free Ranger and then we can get together and offer a free hat to all who show to talk about it. People love a free hat.
Make Del Norte Great Again?
I’m just curious, how did these people get on this “Taxpayers Association” board. Do they hold an election? how do you get them removed if you don’t feel they are promoting what the public wants? I would think that someone on a non profit board would remain unbiased to current events or, at the very least, not promote their own views and make it seem as if it is what the “taxpayers” are wanting. I can tell you right now Donna Westfall, you are not supporting ALL local taxpayers voices. You are entitled to your opinions but do not post as if you “know” what the public opinion is.
Board members are all volunteers. There is no election. If you don’t like what you see, read or hear, you can come to meetings, write, text, call and voice your opinion. Most people in this town just sit back and complain …and do nothing.
We are not UNBIASED! We are very biased when it comes to taxpayer abuse and fraud! As we should be.
It would be impossible to speak for ALL the people. Many times it get’s down to a choice. When we placed our opposition to the 20% sewer rate increase on the November 2016 ballot, the rate increase was defeated by 57% and that’s a majority.
Currently we’re working on initiating a lawsuit against Bryan Ranger’s Public Defender and Private Investigator for taxpayer fraud to the tune of over $100,000 that they got paid. Based on their decision to suppress vital evidence, an innocent man may be going to prison and allegations of statutory rape against another man has been ignored.
Another thing we’re working on is a letter to Judge Follet to consider replacing a couple members of the new 2017-2018 Grand Jury for conflicts of interest, etc. In the past 10 years, it has been our experience that many of our grand jury’s are more like a Kangaroo Court with a stacked deck and a preconceived agenda. Looking forward to the day when Follett retires and no longer picks the grand jurors so we can hopefully have a better cross section representing the people of this town and again, hopefully… they will do a more thorough investigation like a real Grand Jury should.
Finally, we are entitled to our opinions. We’re not in a popularity contest and sometimes public opinion is just frankly wrong. All you have to do is look at the fluoride issue. Public Opinion was pro-fluoride for 44 years. It took 5 years to educate this town to the harmfulness of ingesting “fluoride,” which was voted out in 2012.
So, we will continue to follow the money. We’ll call it as we see it. If it’s abuse, fraud, greed,… whatever… involving taxpayers money, we’re going to deal with it.
Donna Westfall, President – Crescent City-Del Norte County Taxpayers Association
It sounds to me that you are pushing YOUR agenda. My hope is that you are paying attention to the comments, specifically on your pieces, because they rarely support what you are pushing. I don’t know where you get your all of your facts but, Wikipedia is NOT considered a viable source as “Joe” public can make changes to the articles. This made me laugh.
You are definitely entitled to your opinion. HOWEVER, from what I have read so far, you put your opinion out there as fact. I don’t see ANYWHERE where you say “in my opinion” or “Its my belief.” It is defiantly my opinion that you do not report the news accurately, fairly, or honestly.
I further my opinion: It appears to me that you are on a witch hunt and dabble in random conspiracy theory’s that you create, all the while claiming this is news…you give journalism a bad name.
Hey, great, a bunch of mouth-breathers that nobody voted for. And using the guise of a “Taxpayer’s Association” to investigate… what? Your own personal agenda? Big surprise there. You sure as heck don’t represent my interests. I’m about as interested in getting a convicted child molester out of jail as I am in getting a swift shot to the nuts. From what I’ve seen of this “Taxpayers Association”, all you’re doing is costing the taxpayers money. I’m sure they appreciate that assistance. Schmucks.
Some people believe in making sure a person gets a fair trial and some do not. The taxpayers association believes in fair trials and possesses direct evidence that Bryan did not get a fair trial, and believes he is entitled. Apparently you are one of the torch-bearers who does not believe in the constitutional right to a fair trial.
So far the taxpayers association has saved WWTP ratepayers hundreds of thousands of dollars.
Perhaps you are just bored and like to argue?
Wes, Chip isn’t really interested in constructive contribution. He’s what’s known as a “flamer”. All you have to do is look at his posts.
The taxpayers association certainly has my attention: Are we now dealing with the potential for yet another massive failure by the AG’s office, the DNSO and our court system?
Del Norte County sure knows how to position themselves into massive legal clusterf*cks. We’ve seen this over and over again with cases like Dave Egan’s, where they’ve trampled on the basic rights of citizen for their own gain and often in a show of power and strength. Dave Egan did nothing illegal, yet, somehow, he was beaten in his own home on a surprise raid taking all his guns from him by the DNSO, simply because someone said he was a convicted felon in possession of a stolen pistol, which was not stolen nor has David ever had any kind of criminal record. They STILL have after all these years not fixed that legal mess. Instead, the DNSO and various lawyers and the court system dragged it out for years and it’s still ongoing. When will the people learn and fix it?
The Brian Ranger case sure does look like another very bad black eye for the county and the people. That saying, no law north of the Klamath? Yeah, that’s still very much alive isn’t it? How much more abuse by the system will the people tolerate? Where is the breaking point?
This is no longer about Mr. Ranger. This is about fixing the problems that are costing the taxpayers of Del Norte. The Taxpayers Association is the sentinel organization that I’m glad the people now have.