Monday, 26 May 2014

JUST THE FACTS they played out in court. (blog 65)

I have made complaint several times about Timothy Stonhouse A.K.A, MR Hamburgler both to the authorities that govern the conduct of attorneys in Alberta and even made reference to him several times throughout my blogs. I was content to leave it where it lies until what I found out today as i was requesting that my files to be preserved for future litigation and review upon the request of an attorney who is well versed and knowledgeable in cases of deep corruption within the system and his name we will leave out of this.
From court transcripts I will show the level of unethical behavior of this attorney, his outright lies to the judge, in fact judges and bringing in other attorneys to hide his actions and thus confusing the issues so that most didn't really know what was going on.
Timothy Stonhouse became my attorney after I was charged and much as to at his mercy as to anyone else s, I believed in this person that he would not only defend myself in a court of law but was also convinced he believed in my innocence and asked me to trust him and i gave it to him. What a god awful mistake but what choice did I have, I was in jail and he talked a good game. He told me that I needed to be willing to go to the psychiatric ward for a 30 day assessment to access my mental well being, thus to prove that mentally I was sane and incapable of such a heinous act that I was accused of.  I did as he requested and as far as I know through that and the future dealings with my "court appointed" psychiatrist, for the last three years I have passed all tests and in fact there is little doubt in his mind that I was innocent. See the following links.

Now in the month of October, the first round of DNA came back clearing myself of the wrongdoing that I was accused of and Mr Stonhouse directly read the results and narrated them to the court of queen's bench in Edmonton Alberta in his argument that I should receive bail. The crown James Mc Mahon was caught  and decided to buy some time, thus the case dragged along in court rooms for nearly another two months, just in bail court alone!. After some unethical and manipulative stone walling from the crown, On December 21-2011 I was granted 5'000.00 no cash bail. I had no holds or warrants, i should have been just able to sign and walk but this was not to be the case.
After a few weeks, I called Tim up from jail and asked him why in fact "that I have bail, am i not out?" he explained to me that the remand center would not release me", that he" couldn't explain why but they just won't release you" I then told him that if he couldn't secure my release after receiving no cash bail that in fact  I didn't want him representing me at trial and in fact that he was fired and that I would be making a complaint to the law society of Alberta.I then hung up and returned to my cell. A few days past, nothing to lose, nothing to gain I called him up again. He begged me to "just listen", that "you will be released in a couple of days", sure enough I was. On January 26-2012. see link  I knew then that this guy was no good, I was just illegally held for 36 days after being granted bail, I sought out to get rid of him as my attorney.
I asked legal aid of Alberta for a new attorney, they turned me down saying that "you are mistaken, we have spoken with Tim Stonhouse and he is steadfastly working on your behalf" I the appealed the decision and once again I was told "we have spoken with Mr Stonhouse, he is diligent in all aspects of your case" I then had to appeal to the regional committee, I received a similar answer . I then had to appeal to the Northern appeal committee and finally I was given a new attorney. This whole process  had taken from January 27-2012 until just days before my "trial date" on May fourth 2012. All the while they would attempt to get me to withdraw the request, forever stating how they are in regular contact with him, that he is diligently preparing for trial. All this while I had very little to no contact with this man, he refused to see me , answer emails, return calls and every other way i had attempted to get him to prepare, discuss what we were going to do for trial.
However, I have some transcripts showing that all the while he was misleading the Law society of Canada and legal aid, he was also conducting himself in the same fashion towards judges, and other colleges. Durring this time he had no less than 4 other lawyers work on his behalf as agent...go figure, my lawyer sends other lawyers to do what I hired him to do. The names of those lawyers are MR King, Mrs Wood, Mr Croll and Mr Lennan.

On April 23-2012 in front of Judge Fuller, L.i. Wood ( agent for T. stonhouse) says the following.

18 MS.WOOD Mr. stonhouse, in his usual diligent fashion, is counsel regarding this. He has filed this morning a notice to re elect. He advises me that Mr. Mahon has consented to that file to re elect. And this is to---for the purpose of trial, so he's setting it for trial, i believe, on the next court date. Would this be the last acknowledgement that there was issues between him and I ? no! And if he was working so hard, who re elects to go from trial to preliminary hearing just over thirty days from a trial? And yet he can't even do it himself.

So now, even though he has been on holidays for over a month, "I'm working really hard on Harms' case, he misunderstands, he's confused, there is no issues" On may 1st 2012 In front of a different judge "judge Tjosvold, another lawyer by the name of S.H. King (agent for Tim Stonhouse) says a few of the following cut and paste from transcripts.
28 MR. KING: Sir, My understanding is that originally Mr. Stonhouse was on for this file. I've had a personal discussion with Mr. Stonhouse. He's wrapping up his practice and will no longer be practicing in Alberta here by the end of summer.
Here are a few more things he had to say.

MR KING: That is correct....The issue i guess we are running into is that Mr. Stonhouse isn't going to be practicing any longer. I think he's shutting it down as he's going along right now.AND
MR KING: I've managed to contact both Mrs Boisvert and Mr Stonhouse. I've got more of a history as to what has gone on here. My understanding is about four months ago, the relationship with Mr Harms and Mr Stonhouse had broken down significantly enough that Mr Harms actually went to legal aid asking for a change of counsel . From my own knowledge, i know they are now saying that they are taking somewhere between 12 and 16 weeks to have that done.Mr Stonhouse--Mr.Harms, initially his application was denied. He had to go through the appeal process. That process was completed, i think approximately two weeks ago or just days before the last docket appearance. That being said, he's officially through with Mr Stonhouse and has fired him as far as he is concerned. Legal Aid has appointed Danielle Boisvert who only managed to come on the record a short time ago. She is booked for the 7th, can't make that specific date. My understasnding is that Mr. Stonhouse has actually packed up all of the disclosure. It's on its way over to her office as we speak. That's where we are left at today, sir. I'm--.AND
MR. KING: It would have been about four months ago. I don't know if that was actually intimated to the court or not. But legal Aid has in the interim placed a different lawyer onto the file as it is at this point but i do know Mr Harms had actually gone ahead four months ago and asked for that change in counsel back at that date.This guy incredible or what? So all along he tell the law society and the Legal Aid that there is no problem between us, thus i had to keep appealing the appeals! and now once again, another agent is representing him just a week before what was to be my trial, first stating that its because Tim was retiring, when the judge didn't buy that they then come out with it. The judge was pissed and denied the motion, remanded it and ordered MR. hamburger to be there. And now from his own mouth, lets here what happened at that case.

May 07-2012 ( supposed to be my trial) And yet a different judge..Judge Maher
MR. STONHOUSE: Sir, I was directed by his honor to appear today. I found myself in a difficult position. I can advise, sir, that i was advised what--- I'll give you a bit of background. What had happened on this is MR. Harms had applied to Legal Aid, as i understand it, quite some time ago for a change of counsel. I was not aware of that. Oh really, like lying to a judge? your buddies just said you did after their bullshit of you retiring didn't fly. Additionally, all that i complained about has now been confirmed and yet nothing has been done....and wait wasn't this my trial date, and i thought there was no issue between us, that's what you told the Law Society, and Legal Aid. But continue on....
He appealed the denial of the change of counsel. And on the 19th of April as i was traveling from Vancouver Island to Vancouver on the ferry, i was advised by Legal Aid that i was no longer counsel, at least nominal counsel for MR. Harms. I had two weeks more on my holiday. I returned to Edmonton late on the 30Th of April. Meanwhile, i had conversations with both Legal Aid and Mrs Boisvert.Well bud, i don't know what 2 weeks is to you but it means 14 days to me, check your time line. So your saying that no one contacted you all this time, for over 4 months! i had to appeal 4 times! it took months and they always consulted you. But continue...
Now it is correct that i did file a notice of re election in late April.  
Nope! you didn't...a "MRS WOOD" did but continue...
And that was to preserve MR.Harms' right for an a prelim as opposed to a trial on today's date.And
so i'm here. Sir , i find myself in a very difficult position. I am theoretically prepared to proceed, i use the word deliberately theoretically; however, i do not have the confidence of my client. So we have a serious conundrum here,. I am being asked to proceed when my client clearly did not want me to proceed. Now if i proceed today and i don't proceed as my client wishes me to, then I'm looking for a law society complaint, and i'm not anxious to proceed on that basis , quite frankly your honour.

In the end he was taken off the record and the new lawyer put on, the trial went to a preliminary hearing, then on to trial and we know the outcome, i was given a forced acquittal. But this guy managed to have done some serious damage to me, my life and subsequently what i continue to endure by lying to me his client, judges, co workers...and just when you thought it was over .It took 18 months from that day till i was acquitted. At the end of that preliminary hearing they put it over for trial, i was shocked as i was assured it wouldn't be. I then asked my attorney why and this is what was sent to me.

Danielle Boisvert <>


to Marina, me
Your trial dates were set today. October 7-11. 2013.
Mr. Mahon is proceeding to trial because, and I quote, “his previous counsel said he did it and was just waiting to see whether there was DNA before going to sentencing.” If you wanted the real reason, there it is. AND THERE IS NOT A THING WE CAN DO ABOUT THAT, so don’t even bother to ask me. THE ONLY THREAT I have is to ask for costs at the end of the day if the whole thing falls apart on the crown, and we don’t even have a strong argument there. THERE IS NOTHING I can do before trial in this regard.

So in the end this man was conspiring with the crown all along, nice lawyer huh? I have never said i did this to him or anyone else and in fact we got enough of a "confession" for them to force an acquittal, not me, not defense, but them. This man set the pace for how i would be treated for a long time, lying and manipulating all the way. Danielle told me to file a complaint to law society, I did but then got the exact same worker as before, and I hadn't had my trial yet. So he told me that Stonhouse wants to view my file to make argument, there was no way i was letting this unethical nut job touch my file after a year had past and not one but two officers of the court are accusing him of unethical behavior, ironically one of his accusers was the co conspirator James MC Mahon as you can see in the email from yet another officer of the court.
why did I spend my day looking up all of this and wasting another precious day of life on this piece of fall down work lawyer? Well, this nut job has come out of retirement and is practicing again! He has a sordid past and there are many questions about this fool. I have been told that he was relieved of his command as a J.p in the past and was asked to leave a law firm after an issue of double billing, other things. In my case , its all by records, under be the judge.
I'll end with this, he took on 60 plus cases under legal aid,mine was one of them and then he drags cases out for years, billing away and in the end he clears the desk by retiring. I know he retired because I had an investigator call him and he said he was retired but I guess the smoke has cleared and he's back in business. it isn't illegal to retire or to come out of retirement but it does make one wonder why he would as a well established man of law in deed and age , having served as a justice of the peace for 10 years, yet never becoming a full judge but practice legal defense...retire to come back again. Maybe some think the smoke has cleared.
more to come