Falsified Voicemail Evidence v. WA State Attorneys' "Privacy Act" Agenda

Washington is one of 10 states that still enforces an "all party consent" law when it comes to recording a private conversation.  With slim and vaguely defined exceptions, a recording in which all parties did not give permission to record, is not admissible in court.  Said "recorder" could be charged with having violated the law. RCW 9.73 is a hot button topic within WA state and local government. In the case against John Garrett Smith,  attorneys statewide have scrambled at the opportunity to affect Privacy Act case law.

On December 3rd, 2014, in a bench trial, John Garrett Smith was convicted of Attempted Murder II. On October 4th, 2016, in a unanimous decision, the Court of Appeals Division II reversed the decision based upon a violation of the State's Privacy Act. The ONLY piece of evidence used to convict Smith of Attempted Murder II was fabricated voicemail recording

On April 25, 2017, the Washington Supreme Court was made aware of this fraudulent recording. [NOTE:  The fraud was reported to Clark County Prosecutor, Tony Golik prior to Smith's original conviction.  No action was taken by the Prosecutor's office to check the veracity of the tainted evidence].  In it's Petition for Discretionary Review, the Supreme Court will be reviewing Clark County's appeal of a "NON-Privacy Act" violation.  Clark County has suppressed the fabrication of the voicemail recording and continues to participate in fraud upon the court, rendering the State's Privacy Act irrelevant.

FRAUD UPON THE COURT is a fraud "directed to the judicial machinery itself ."  It is further defined as fraud where "the impartial functions of the court have been directly corrupted." 

Vancouver Police Department Detective Sandra Aldridge verified the voicemail was authentic.  It was Aldridge who testified that she downloaded the message directly from the iPhone. Aldridge also falsely stated, under oath, that she was Cellebrite Certified, thus qualified to extract the voicemail recording. 

A September 2015 VPD chain of custody report verifies that Aldridge checked Smith's iPhone out of the VPD evidence unit on July 15, 2013 and had not returned the iPhone back into the custody of the evidence unit 2.5 years later... even after Smith's conviction. The current status and location of the iPhone [and its original voicemail] is "undetermined".

Since 2008, Aldridge has been named in over 20 VPD Internal Affairs Investigations. Currently Aldridge is a named defendant in 2 Federal lawsuits, with 1 more pending filing... and likely several to follow.

1 comment:

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