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.
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.