Response To Haugen Objection

June 20, 2011 02:21 PM
Andy Simrin PC
At t o rne y a t L a w
______________________________________________________________________________________________________________________________________________________________________________________________________
Hon. Paul J. De Muiz Oregon Supreme Court 1163 State St Salem, OR 97301 Re: State v. Haugen, Marion County no. 04C46224, S Ct S059519 June 20, 2011 Dear Chief Justice De Muiz: We write this letter in response to the letter dated June 14, 2011, from staff attorney Philip Schradle to Jeffrey E. Ellis, requesting that Oregon Capital Resource Center, and any other party desiring to be heard, to submit a memorandum regarding OCRCs standing. Though Mr. Goody and I may be precluded, absent an order from your court, from advocating a position one way or the other on OCRCs standing, we feel it is imperative for the court to understand the circumstances that created the conundrum that the court faces and that, in our view, the court must find a way to resolve. While the petition for reconsideration was under advisement by your court in Mr. Haugens direct appeal, OPDS approached Mr. Goody and me with a proposal that we be available to represent Mr. Haugen in post-conviction in the event he chose to pursue that remedy. Mr. Haugen subsequently requested that Mr. Goody and I represent him at the death warrant hearing. At Mr. Haugens request, I filed a motion for substitution of counsel after the petition for reconsideration was denied but before the appellate judgment was issued. Once the appellate judgment was issued, I filed a notice of association of counsel in the Marion County Circuit Court establishing Mr. Goody as co-counsel. Initially, Mr. Haugen had indicated that he wished to waive further challenges to his conviction and death sentence, but shortly after the appellate judgment was issued, he expressed a desire for Mr. Goody and me to file a petition for a writ of certiorari. Almost immediately after that, Mr. Haugen retracted that expression, indicating that Mr. Goody and I had obtained under duress the note that he had written to the court expressing his intention to have us file a petition for a writ of certiorari. Mr.
405 NW 18th Avenue Portland, OR 97209 (503) 265-8940
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Haugens vacillation on whether he wishes to challenge his conviction and sentence of death or be executed promptly is a matter of record, in his own handwriting, in your court. With Mr. Haugen returning to a desire to waive all further challenges to his conviction and sentence of death, it was incumbent for Mr. Goody and me to determine whether such a waiver would be knowing, voluntary and intelligent. Toward that goal, we secured the services of neuropsychologist Muriel Lezak, Ph.D. Dr. Lezaks examination of Mr. Haugen indicated that he was not competent to be executed under the standards articulated in Ford v. Wainwright, 477 US 399, 106 S Ct 2595, 91 L Ed 2d 335 (1986), and Panetti v. Quarterman, 551 US 948, 127 S Ct 2842, 168 L Ed 2d 662 (2007). Notwithstanding Mr. Haugens express desire to be executed, Dr. Lezaks assessment required Mr. Goody and me, at a bare minimum, to seek an evidentiary hearing to determine Mr. Haugens competency under the case law cited by Mr. Ellis in his Petition for a Writ of Mandamus and his Memorandum of Law Regarding Standing and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, which have been adopted by OPDS. That obligation was consistent with the statutory requirement of ORS 137.463(4)(a), which places the burden of proof on the competency issue on the defense. In order to prepare for the required evidentiary hearing, Mr. Goody and I apprised Judge Guimond and the prosecution that we would need 60 to 90 days additional time. Prior to the originally scheduled warrant hearing on May 13, 2011, Judge Guimond indicated that he would give us additional time and that he would continue the warrant hearing. When he took the bench, however, Judge Guimond accepted the prosecutions contention that the warrant hearing must be completed within 30 days after the appellate judgment was issued and that no evidence was necessary or relevant to determine Mr. Haugens competency, other than Mr. Haugens answers to a set of questions that the prosecution had drafted for the court to ask Mr. Haugen. See Memorandum in Support of Issuance of Death Warrant at 3-5 (Proposed Colloquy). Judge Guimond then re-set the warrant hearing for May 18, the date that the prosecution asserted that the warrant hearing had to be completed by. In the interim, Dr. Lezak had left for a trip to Europe, having understood that an evidentiary hearing on competency would later be conducted, as Judge Guimond had initially indicated. Mr. Goody and I had received information suggesting that Judge Guimonds impartiality in death cases might reasonably be questioned, which would require him to disqualify himself under Oregon Code of Judicial Conduct Rule 2-106(A)(1).
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Prior to the resumption of the death warrant hearing on May 18, we received affidavits from attorneys Dennis Balske and Lawrence Matasar, the content of which gave Mr. Goody and me no choice but to file a motion to disqualify Judge Guimond. We filed the necessary motion, a copy of which is attached to this letter. The Honorable Thomas Hart presided over a hearing on that motion on May 18. In order to fully understand the circumstances of this case that brought it to this procedural juncture, we encourage your court to review the motion to disqualify Judge Guimond, the supporting affidavits and the entire transcript of the May 18 proceedings in Mr. Haugens case. I have enclosed copies of all of them with this letter. In rejecting our motion to disqualify Judge Guimond, Judge Hart relied on his personal knowledge of information that was outside the record, rather than on the undisputed sworn testimony of Messrs. Balske and Matasar. At the conclusion of the hearing on our motion to disqualify Judge Guimond, Judge Guimond resumed the bench. Because Rule 2-106(A)(1) is couched in terms of what a judge must do, I reraised the issue, attempting to explain why Judge Guimond was required to disqualify himself, notwithstanding the fact that Judge Hart had denied our motion. Judge Guimond responded by asking whether he should take my legal argument to be a threat and admonishing me for failing to get my facts right, though the facts that I had relied on were the undisputed facts sworn to in the affidavits of Mr. Balske and Mr. Matasar. Judge Guimond then asked Mr. Haugen if he wished to discharge Mr. Goody and me, and Mr. Haugen indicated that he did. Judge Guimond indicated that Mr. Goody and I were then relieved as attorneys of record, but that we were to continue as standby counsel for Mr. Haugen. In response to a request for clarification by Mr. Goody, Judge Guimond indicated that our lips were sealed for the remainder of the death warrant hearing. Judge Guimond completed the death warrant hearing while Mr. Goody and I sat mute. At the conclusion of the hearing, Judge Guimond signed the death warrant. Whether the courts discharge of Mr. Goody and me as counsel comported with the requirements of State v. Meyrick, 313 Or 125, 831 P2d 666 (1992), and Faretta v. California, 422 US 806, 95 S Ct 2525, 45 L Ed 2d 562 (1975), is questionable. Also questionable is whether an ostensibly incompetent defendant can waive counsel and challenges to his conviction and sentence without an evidentiary determination of the validity of those waivers. Equally questionable is whether potential violations or the right to counsel, due process, the eighth amendment and Article I, section 16, of the Oregon Constitution can and should be immunized from review by this court or any
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other court on the dictate of a defendant whose competency is subject to unresolved question and the acceptance of a questionable waiver of counsel. There is no question that the case law cited by Mr. Ellis would require Mr. Goody and me to seek mandamus relief on behalf of Mr. Haugen, notwithstanding his expressed desire to proceed with his execution. Unfortunately, our reassignment by Judge Guimond as "stand by" counsel prevents us from discharging our constitutional duties to Mr. Haugen. Instead, we believe, according to the trial court order, we are required to assist Mr. Haugen only upon his request, even if he is incompetent. Recently, your court previously approved a stipulation for attorney discipline in a case in which counsel filed an action without the client's consent. In re Bailey. That would appear to render Mr. Goody and me ethically prohibited from discharging our constitutional duties to Mr. Haugen. Whether or not OCRC has standing to either file a petition for a writ of mandamus on behalf of Mr. Haugen or in its own right is only a component of the larger question of what, if anything, the Oregon Supreme Court can and should do under the unusual circumstances of this particular case. Mr. Goody and I agree that, if OCRC lacks standing, ORS 1.002 necessarily must empower you to take appropriate measures to ensure that the requirements of the constitutions of Oregon and the United States are met in this case by the courts of this State.
W. Keith Goody Attorneys at Law Enclosures: motion to disqualify judge, transcripts cc: Jeffrey E. Ellis Mary H. Williams Anna Joyce Jeremy Rice Hon. Joseph G. Guimond Walter M. Beglau Gary Dwayne Haugen
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION STATE OF OREGON, Plaintiff, v. GARY HAUGEN, Defendant. ) ) ) ) ) ) ) ) ) ) ) Marion County Circuit Court Case No. 04C46224 DEFENDANTS MOTION TO RECUSE COURT BASED ON APPEARANCE OF FAIRNESS
Hon. Joseph C. Guimond
Motion to Recuse Based on Appearance of Fairness

16 17 18 19 20 21 22 23 24 25
In the last few days, it has come to the attention of defense counsel that this Court previously displayed in chambers an artifact depicting an electric chair. Several attorneys have said that they have viewed this artifact. Counsel can supply declarations if the truth of the matter is at issue. Given this information, counsel is now obliged to move to recuse this Court based on the appearance of fairness doctrine. See e.g., ABA Guidelines for the Appointment and Performance of Defense Counsel in death Penalty Cases, Guideline 10.8 (commentary) (2003) (Because of the possibility that the client will be sentenced to death, counsel must be significantly more vigilant about litigating all potential issues at all levels in a capital case than in any other case.).
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The ABA Guidelines have been adopted by OPDS and set the standard in Oregon for competent capital representation. The Oregon Code of Judicial Conduct Rule 2-102 provides in pertinent part: A judge shall disqualify himself or herself in a proceeding in which the judges impartiality reasonably may be questioned. The test traditionally employed to determine whether recusal is mandated is whether an objective, disinterested, lay observer fully informed of the facts underlying the grounds on which recusal was sought would entertain a significant doubt about the judge's impartiality. Parker v. Connors Steel Co., 855 F.2d 1510, 1524 (11th Cir.1988). The purpose of the judicial recusal statute requiring a judge to disqualify him based on an appearance of impartiality is to promote public confidence in the integrity of the judicial process. That appearance is especially critical in a capital case where life and death are at stake. See also ABA STANDARDS FOR CRIMINAL JUSTICE: SPECIAL FUNCTIONS OF THE JUDGE Standard 6-1.1(a) (2d ed. 1986) (The trial judge has the responsibility for safeguarding both the rights of the accused and the interests of the public in the administration of criminal justice. The adversary nature of the proceedings does not relieve the trial judge of the obligation of raising on his or her initiative, at all appropriate times and in an appropriate manner, matters which may significantly promote a just determination of the trial.). To be clear, the question is not whether this Court is actually biased, nor is it whether this Court would do its very best to weigh the scales of justice equally between contending parties. Instead, the appearance of fairness doctrine employs an objective test that focuses on the mere appearance of partiality.
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According to the Judicial Code, this Court should put on the record an explanation about the display of a depiction of an electric chair in its chambers. It may be that there are begin reasons for the Courts display of such an artifact. However, even assuming that the artifact does not reflect actual bias by the Court, an accusation that counsel is not making, the appearance of fairness doctrine still requires recusal. Executing a human being by electrocution was described by U.S. Supreme Court Justice William Brennan, in the following manner: ...the prisoner's eyeballs sometimes pop out and rest on [his] cheeks. The prisoner often defecates, urinates, and vomits blood and drool. The body turns bright red as its temperature rises, and the prisoner's flesh swells and his skin stretches to the point of breaking. Sometimes the prisoner catches fire....Witnesses hear a loud and sustained sound like bacon frying, and the sickly sweet smell of burning flesh permeates the chamber. See Glass v. Louisiana, 471 U.S. 1080 (1985) (Brennan, J. dissenting from denial of certiorari). As a result, the electric chair has been declared cruel and unusual punishment by the Nebraska Supreme Court, the last state to execute in this manner. As a result, a reasonable, disinterested observer would likely entertain doubts about this Courts ability to impartially preside over a contested competency hearing and/or to issue the death warrant. Conclusion Based on the above, this Court should recuse itself under the appearance of fairness doctrine. This will result in a short delay, at worst. However, it will remove this case from any specter of unfairness.
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Respectfully submitted, this 17th day of May, 2011. _________________________________ W. Keith Goody OSB No. 102381 P.O. Box 23 Cougar, WA 98616 360 238 5211
IN THE CIRCUIT COURT FOR THE STATE OF OREGON
FOR THE COUNTY OF MARION STATE OF OREGON, Plaintiff,

)
) )
Case No. 04C46224 Honorable Joseph C. Guimond AFFIDAVIT OF DENNIS BALSKE
v. GARY HAUGEN, Defendant. STATE OF OREGON County of Multnomah
)
)
1
) ss.
I, Dennis Balske, being first duly sworn under oath do depose and say: 1. I am an attorney. Along with attorney Lawrence Matasar, I represented Kip Kinkel in his post-conviction action in Marion County Circuit Court, in the case of Kinkel
.
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v. Lawhead, Case No. 03C-21079, before Judge Joseph C. Guimond.

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2. The Kinkel post-convictiod trial was held before Judge Guimond on June 19-
. *
---
3. During the course of the proceedings, Judge Guimond invited counsel into his
office to discuss an issue. While waiting for the Judge, Mr. Matasar and I waited in Judge Guimond's office, behind the chairs facing Judge Guimond, before the Judge began our meeting. 4. While waiting, I observed a plaque or fiarned photograph of an electric chair. I believe it was on a window sill in the back of the Judge's office. It faced into the office, such that it would have been in the Judge's view from his desk and in visitors' view as they walked around the visiting chairs to be seated and then face the Judge.
5. I do not recall what the wording on the picturelplaque said, but it was my
impression that the picturelplaque had been given to Judge Guimond in appreciation for something he had done in support of the death penalty, and that the Judge was proud of his accomplishment and therefore displayed it openly in his chambers.
6. I remember that I discussed it with Mr. Matasar after we left the Judge's
chambers. I also remember thinking, and possibly saying, that I was glad that our postconviction case was not a death penalty case.
DATED this
/f day of May, 20 11.
r
Dennis Balske SUBSRIBED AND SWORN to before me this
1 1 day of May, 2011.

)F 2 J ' 7 ~
~ o t aPublic for Oregon r~ My Commission Expires:
IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MARION.
STATE OF OREGON,
Plaintiff, v. GARY HAUGEN, Defendant. STATE OF OREGON County of Multnomah
) )
1
) )
Case No. 04C46224 Honorable Joseph C. Guimond AFFIDAVIT OF Lawrence Matasar
1 1 1
) ss. )
I, Lawrence Matasar, being first duly sworn under oath do depose and say:
1. I have been an Oregon lawyer since 1974. Dennis Balske and I represent Kip
Kinkel in his post-conviction action in Marion County Circuit Court, Kinkel v. Lawhead, Case No. 036-21079. 2. The Kinkel post-conviction trial was held before Judge Joseph C. Guimond on June 19 and 20,2007. 3. I have been asked to provide this affidavit concerning an object I observed in Judge Guimond's chambers. 4. Before or during the trial, Judge Guimond invited counsel into chambers. Mr.
Balske and I waited in Judge Guimond's office for the judge to come into his chambers.
5. While waiting, I observed an object concerning the death penalty, consisting of
a drawing, plaque, photograph or small sculpture, located on a window sill in the back of the Judge's office, facing the Judge's desk. I believe it may have been a hangman's noose, electric chair, or gallows
6. I do not recall the wording on the object, other than that it depicted the death penalty in a positive or humorous way.
7. I remember discussing this matter with Mr. Balske after we left chambers.
Both of us were surprised that such an item would be present in a judge's chambers.
DATED this /
-2
day of May, 201 1.
Lawrence Matasar SUBSRIBED AND SWORN to before me this
@ *
_?2_---t"-LL of May, 201 1. day
Notary Public for Oregon ~ . My ~omrnission x ~ i r e s :,
5 / 7--20~
1 2
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION STATE OF OREGON, ) ) ) ) ) ) ) ) )
3
Plaintiff,
4
vs.
Case No. 04C46224
5
GARY HAUGEN,
6
Defendant.
7 8 9 10 11 12
TRANSCRIPT OF PROCEEDINGS - May 18, 2011-Vol. I BE IT REMEMBERED that the above-entitled matter
13 came on regularly for hearing before the Honorable 14 Thomas M. Hart on the 18th day of May, 2011, at the 15 Marion County Courthouse, Salem, Oregon. 16 17 18 19 20 21 22 23 24 25
COLLEEN R. MCCARTY, CSR, RPR, CCR Northwest Certified Court Reporters, Inc. 10157 SW Barbur Blvd., Suite 208C Portland, Oregon 97219 (503) 406-2288
APPEARANCES
2 Mr. Doug Hanson, Deputy District Attorney for Marion County, representing the Plaintiff; 3 4 Mr. Don Abar, Deputy District Attorney for Marion County, representing the Plaintiff; 5 6 Mr. Andy Simrin, Attorney at Law, representing the Defendant Gary Haugen; 7 8 Mr. W. Keith Goody, Attorney at Law, representing the Defendant Gary Haugen. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com -oOo-
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1 2 3 4 please. 5
(May 18, 2011, 9:27 a.m.)
THE COURT: Mr. Hanson. MR. HANSON:
Good morning.
Be seated,
Good morning, Your Honor.
6 This is the State versus Gary Haugen, 04C46224. 7 Defense Counsel Keith Goody and Andy Simrin are 8 present with the defendant, who is in custody. 9 Doug Hanson and Don Abar for the State. 10
Your Honor, this is time and date that we
11 had set for a death warrant hearing that was continued 12 from last Friday, May 13.
It's my understanding,
13 based on some motions filed by defense counsel, not 14 the defendant, that Your Honor is going to preside 15 over a motion to recuse the Court, specifically Judge 16 Guimond, from appearing on this case. 17 ready to proceed. 18
THE COURT: Okay. Mr. Simrin and The State is
19 Mr. Goody are both here. 20 21 you doing? 22 23

MR. HAUGEN: THE COURT: Good morning, sir. There's also been a request Mr. Haugen, good morning, sir. How are
24 by the prosecution to allow you to have your hands 25 freed so you can review some things.
I'm going to
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com
4
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1 allow that, okay? 2 3

MR. HAUGEN: THE COURT: Thank you. All right. You're not going
4 to be in trouble with Mr. Goody or Mr. Simrin or 5 anybody else, are you? 6 7
MR. HAUGEN: THE COURT: No, sir. Okay. There's just too many
8 people here watching all this stuff. 9 10 11 here. 12 okay? 13

MR. HAUGEN: THE COURT: Absolutely. That's not me in the front
I'm Judge Hart, and I'm up on the second floor, Cut him loose. Have you had a chance to see the motion
14 that was filed yesterday? 15 16

MR. HAUGEN: THE COURT: No, I haven't. Well, we're going to get you
17 a copy of that, and then I'm going to have some 18 inquiry with regard to that, okay? 19
MR. HAUGEN: Will you actually question
20 me about my opinion, Your Honor -21 22 23 fiasco? 24

THE COURT: MR. HAUGEN: Yeah, yeah, yeah, yeah. -- in relation to this whole
Thank you, Your Honor. THE COURT: Remember we have a court
25 reporter, so we stop talking long enough to let her

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1 catch up. 2 3 4 yourself? 5 6

MR. HAUGEN: THE COURT: I'm fine. All right. I don't have any MR. HAUGEN: THE COURT: Yes, sir. Thank you. Got it. You okay with
7 problem giving you both up.
Do you have a copy of
8 that, Mr. Simrin or Mr. Goody, the motion that you 9 filed yesterday to -10 11
MR. SIMRIN: THE COURT: I only have a single copy. Well, he ought to have a
12 chance to take a look at what you filed on his behalf, 13 don't you think? 14
MR. SIMRIN: Can we run it into Judge
15 Guimond's chambers and have it photocopied there? 16

THE COURT: I can just pull the first
17 couple of pages off and let him take a look at mine. 18 And then -- because that was just a copy that I got. 19 Somebody will get one. 20 that already.
I've had a chance to review
I think it's important that he ought to
21 be able to see. 22
Now, their basic position is, Mr. Haugen,
23 that if you are not clear-headed -- you have one? 24 25

THE CLERK: THE COURT: Yeah. Okay, good.
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-- then they have to act on your behalf.
2 And that's kind of what this whole issue's been about 3 right at the moment and the reason that the death 4 warrant hearing from last week was continued to today, 5 okay? 6
I mean, if they don't feel comfortable
7 with your mental abilities, which is ultimately a 8 court's decision, then they have to do certain things 9 on your behalf. 10 to be done. 11 12 13
And we're just going to do what needs
Yes, sir. MR. HAUGEN: THE COURT: MR. GOODY: If I may, please? Uh-huh. Your Honor, just for the
14 record here -15

THE COURT: I'm not inviting you to talk
16 at this moment.
We'll get a chance for the record.
17 I'm inquiring of Mr. Haugen at this point, okay? 18

MR. GOODY: Yes. But I'd object to any
19 inquiry made of the defendant for the reason that it 20 violates his Fifth Amendment rights to remain silent. 21 And in particular, the Sixth Amendment right to 22 effective assistance of counsel and due process of the 23 law. 24
Our position -- I understand you Our
25 understand, but I'm just making the record.
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1 position is he's not competent to be proceeding, he's 2 not competent to be waiving his Fifth Amendment rights 3 or his Sixth Amendment rights. 4
And under those -- and by you talking to
5 him that's kind of like the horse before the carriage. 6 I think you have to have a finding about competency 7 before he's permitted to just go on and on. 8 you. 9
MR. SIMRIN: And I would like to add for Thank
10 the record that provisions Article One, Section 10 and 11 11, of the Oregon Constitution that are the analogues 12 of the Fifth and Six Amendments. 13
THE COURT: Okay. Well, we've got that
14 taken care of.
The question is really going to be --
15 and I also know that you sent a letter to Judge 16 Guimond with regard to asking that counsel be fired in 17 not so many words. 18
What I want you to do is take a look at
19 that -- they've made the objections for the record -20 and then I'm going to talk to you, okay? 21 22
MR. HAUGEN: THE COURT: Okay, Your Honor. You getting like me, do you
23 need some readers? 24 25 definitely.

Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com MR. HAUGEN: If you have some,
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1 2
THE COURT: MR. HAUGEN:
Here, you want to take these? I'm getting old. Oh, I can
3 read it, Your Honor. 4 5 6 7

THE COURT: MR. HAUGEN: THE COURT: MR. HAUGEN: Can you read all right? I'm working it. Okay. What I'm doing, Your Honor,
8 is scanning this as best I can trying to glean certain 9 points of concern. 10

THE COURT: Well, I already know that
11 based on the conversation that you were not provided 12 that copy of the motion that was filed on your behalf. 13
And the motion essentially asks for
14 recusal of Judge Guimond, and that's what I'm here to 15 work on today. 16 17 18 thing. 19 20 21 Guimond? 22
MR. HAUGEN: Oh, I am more than I sat with him for Have you -Well, Your Honor -You sat through the whole
MR. HAUGEN: THE COURT:
You were here at your trial. MR. HAUGEN: THE COURT: Absolutely. You uncomfortable with Judge
23 comfortable with Judge Guimond.
24 three months through our trial and assisted in our 25 defense, myself and my codefendant, and had no problem
9
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1 with Judge Guimond at all. 2

I think he is not only an articulate, but He is very
3 I think he is very -- he has the tools. 4 competent, in my opinion. 5
And I feel that at this particular
6 juncture, Your Honor, and in the appellate process, 7 according to statute, this is my time. 8 time to choose, right?
This is my
This is -- by statute this is My right, you know,
9 my time to make a choice.
10 constitutional, statutory, and a God-given right of 11 free will to choose. 12

MR. GOODY: Your Honor, I object to any
13 more -- I need to make a record -14 15 Mr. Goody. 16 down. 17

THE COURT: Sit down. Sit -- sit down, Sit
Do you want to be held in contempt?
I am asking him a question, okay? The idea has to be it's his right. And I You
18 understand that you want to act on his behalf.
19 have -- but at some point in time the court is making 20 a decision with regard to whether or not Mr. Haugen is 21 capable to choose on his own behalf. 22
MR. SIMRIN: Your Honor, counsel needs to
23 be able to timely make the record -24 25

THE COURT: MR. SIMRIN: And has it not --- not make it after the
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1 fact. 2 3 objected. 4
MR. GOODY: Well, I think now the What THE COURT: And has it not been met? He
5 objection is it's just relevant -- relevancy.
6 he's talking about now is not relevant to what's 7 before this court. 8
THE COURT: Yes, it is in the sense that
9 I need to know how comfortable he has thought through 10 all this stuff.
And I'm going to make my own minimal
11 determination on his capabilities. 12

I was going to inquire a few things about If I don't feel you're
13 life on death row, okay?
14 comfortable -- and you're not displaying any of what 15 I'd call psychosis or inability to make an informed 16 and intelligent decision. 17 18
MR. HAUGEN: THE COURT: Thank you, Your Honor. Okay. Then if I don't kind
19 of dance around with this -- kind of like when I take 20 a plea, you know, I go -- I mean, it's like these guys 21 from the institution, they didn't let you have a 22 couple of drinks on the way in, did they? 23
MR. HAUGEN: No. But according to the
24 counsel here, the fetal alcohol syndrome, I'm waiting 25 for that to kick in at any time, you know.
I could
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1 use a drink right now. 2

THE COURT: The reason I ask about that
3 is I want to make sure that when you and I communicate 4 that you know what I'm saying and -5
MR. HAUGEN: Absolutely. I understand
6 you completely, Your Honor.
And I appreciate you
7 offering me the opportunity to speak to you as much as 8 the conflict between myself and counsel is 9 interrupting that process. 10
And the only denial I see of due process
11 here is my counsel against my right to sit back and 12 incompetently (sic) make a decision here today.
And I
13 feel that they're doing everything they can to -- like 14 a woman.

That's the only thing I can relate it to, is
15 a woman's right to choose. 16

And the appellate process at this And they're And
17 juncture, this is my right to choose.
18 trying to take that away from me, Your Honor. 19 it's damaging my spirit, you know. 20
And it's definitely damaging the
21 attorney-client relationship in relation to building 22 trust with indigent defendants and the community. 23 This is not building or supporting trust for the 24 community in attorneys or for me. 25
THE COURT: Let me ask you a question.
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1 You've had a chance to review the recusal motion. 2 that something that you want to have done is have 3 Mr. -- have Judge Guimond taken off of this case? 4 5
Is
Absolutely not, Your Honor. Now let's hear some argument
6 of why you think -- I mean, we've got it all submitted 7 on the record.
He doesn't join in the motion. I've
8 read the cases that have been provided by the State. 9 10 may, please? 11 12
THE COURT: MR. HAUGEN: Yeah. The one thing I did give to MR. HAUGEN: Excuse me, Your Honor, if I
13 Judge Guimond this morning was a letter motion saying 14 that it is my position -15
THE COURT: Is that the one I just was
16 talking about? 17 18 position -19 20

THE COURT: MR. HAUGEN: About to fire counsel? Not so much firing them, In order with them to not I MR. HAUGEN: I believe so. It is my
21 slash, noncommunication.
22 communicate and not file anything in my behalf.
23 have lost all trust in their -- and my faith in their 24 support of me and my will, my wishes right now.
And
25 if they want to file something, file it, but not in my

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1 behalf. 2
I don't agree with anything that they're
3 doing right now, and I personally object on the record 4 to definitely this motion. 5
THE COURT: Okay. Let me deal with the
6 recusal motion.
And depending on what I do there will All right?
7 decide where we go from there, okay? 8

MR. GOODY:
Mr. Simrin's going to speak
9 to the recusal issue. 10 11

THE COURT: MR. SIMRIN: All right. May it please the Court and
12 Counsel, Andy Simrin on behalf of Mr. Haugen. 13 Yesterday my co-counsel, Keith Goody, faxed in a 14 motion to disqualify Judge Guimond, and that is 15 supported by affidavits that we have not yet put into 16 evidence.
Does the court have the affidavits from
17 Dennis Balske and Lawrence Matasar? 18 19

THE COURT: MR. SIMRIN: I do. Yeah. The faxed copies. I have -- since we
20 only obtained these affidavits by facsimile 21 transmission yesterday afternoon we do not yet have 22 the originals from Mr. Balske and from Mr. Matasar. 23
I would move to provisionally admit
24 those affidavits into evidence pending the receipt of 25 the actual ones.
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THE COURT:
I've read them.
They will
2 not become a formal part of the record until the 3 originals get here, okay? 4 part of the record.
And they'll be the formal
And if there's substantially
5 different -- or even different in the slightest 6 punctuation, then we'll have a problem. 7 expect that to occur. 8
MR. SIMRIN: Okay. In the meantime I'll But I don't
9 offer them, certainly, as an offer of proof. 10

The motion that Mr. Goody filed yesterday
11 indicates in the last few days it has come to the 12 attention of defense counsel -13
THE COURT: You don't need to read into
14 the record what's already been filed, okay? 15

MR. SIMRIN: I'm trying to make the best
16 record I can, Your Honor. 17

THE COURT: Okay. It's on paper and it
18 doesn't need to be done all over again. 19

MR. SIMRIN: Okay. It has come to our
20 attention that some object, whether it was a plaque or 21 a photograph or a certificate, had been on display in 22 the chambers of Judge Guimond that was apparently some 23 sort of award or commendation in support of work that 24 he had done related to the death penalty depicting an 25 electric chair in a favorable light.
15
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1 2
MR. HAUGEN: MR. SIMRIN:
Your Honor -As the affidavit of
3 Dennis Balske indicates -4

THE COURT: I don't need to read that
5 into the record either because we've already got it, 6 okay? 7
MR. SIMRIN: Okay. I am simply going to And in the most
8 review part of that affidavit.
9 important part Mr. Balske's indication that after he 10 left the chambers of Judge Guimond, after viewing this 11 object, his sense was that he remembered thinking and 12 possibly saying that he was glad that our post 13 conviction case was not a death penalty case. 14
The recusal statutes in the Oregon The
15 revised statutes appear at ORS 14.250 to 14.270.
16 motion that we have brought is not brought under those 17 provisions. 18

I'd like to draw the court's attention to
19 the Court of Appeals opinion in Lamonts Apparel, 20 Incorporated versus SI Lloyd Associates, 153 OR App 21 227. 22
In that case there had been some
23 litigation regarding the lease agreement and a 24 favor -- a jury verdict in favor of the plaintiff. 25 The defendant moved for a judgment notwithstanding the
16
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1 verdict.
And there had been a timing issue under ORCP
2 63(d) as to whether that had been timely filed. 3

To resolve that, Judge Robinson made an
4 investigative inquiry to the court operation 5 supervisor who subsequently testified as a witness in 6 that proceeding. 7
The plaintiff moved to disqualify Judge
8 Robinson relying, as Mr. Goody and I do in this case, 9 not on ORS 14.250 through 270, but on the ethics rules 10 and canons of judicial conduct that require 11 disqualification of a judge. 12
Rejecting the timing limits found in ORS
13 14.250 to 270, the Court of Appeals explained, 14 "Defendant's procedural arguments do not require 15 extended discussion.
The statutes governing
16 procedures to disqualify a judge, ORS 14.250, 270, 17 apply to disqualification based on the situation that 18 exists when the judge is first assigned to a case and 19 require a showing only that the party seeking 20 disqualification has a good faith belief that it would 21 not receive a fair and impartial trial." 22
It is not necessary to allege specific Those statutes are
23 grounds for that belief.
24 irrelevant to whether later events require recusal as 25 a matter of law.

If they were not, it would be
17
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1 impossible to move for recusal after the statutory 2 time had passed no matter what happens in the interim. 3
THE COURT: Mr. Simrin, I understand all
4 that part of it, okay? 5

Let me just interject here. It has to do
6 with what somebody from the District Attorney's 7 office -- and I can't remember who else did it -- was 8 built -- re-creation of what they call Old Sparky from 9 Florida, okay, that Ted Bundy was killed in. 10
And it was, during the remodel here, Not -- and
11 placed in this holding cell area, okay?
12 Judge Guimond had nothing to do with any of that 13 creation. 14

What he did have something to do with was
15 to get it out of there so that guys like Mr. Haugen or 16 any other person that was in prison that was in 17 custody that had to come through this detention area 18 off the side, get it out of there so they wouldn't 19 have to be subjected to that.
That is all that
20 remains of what, essentially, was a good move on 21 behalf of a good judge. 22 23 24

MR. HAUGEN: THE COURT: MR. SIMRIN: I concur. Your Honor --
Just a minute. May I finish making my
25 record, Judge?
18
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THE COURT:
You're reading the case that I do not need to listen to
2 has clearly been cited. 3 that again, all right? 4 5 that passage. 6 7
THE COURT: MR. SIMRIN: MR. SIMRIN:
Okay.
Well, I'm done with
All right. I would like to point out
8 that what you may or may not have seen as a witness of 9 Old Sparky, as you call it -10
THE COURT: It's not as I call it. And
11 you told me that you didn't hear about it until last 12 week. 13 14
Now, we don't need to go -MR. SIMRIN: THE COURT: What you're describing -Stop. We'll only talk one at
15 a time, Mr. Simrin, okay? 16 17

MR. SIMRIN: THE COURT:
We really do. Okay. When it's on paper it doesn't
18 need to be read, okay? 19 need to be read. 20 Sparky.
If it's cited, it does not
It is exactly what it was, Old
Because it went around in this building as
21 somebody who found the directions on the Internet. 22 And during the remodel, that's what it was. 23 saying that to be negative or anything. 24
And I know that it was Judge Guimond that And you're saying that I'm not
25 insisted that it be removed.
19
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1 because the photo or plaque or whatever it is that's 2 in his office somehow makes it unfair for Mr. Haugen 3 to be heard or there's an appearance of impropriety. 4 Is that the bottom line for the recusal? 5 6 Honor. 7
MR. HAUGEN: I would have one in my cell I think everybody MR. SIMRIN: That's incorrect, Your
8 if I had a picture, Your Honor.
9 should have one to understand the gravity of the 10 situation and not to take a bias position in which 11 these gentlemen are doing. 12 just -13
THE COURT: Let me finish. We got to do Your Honor, they're
14 this part, okay? 15 16

So then what's the issue -MR. SIMRIN: Whatever it was you saw,
17 Your Honor, in the holding area is -- that may be 18 relevant or it may not be.
But it is apparently not
19 the thing that attorneys Matasar and Balske saw in the 20 chambers of the office of Judge Guimond. 21
And so Old Sparky, or whatever it was
22 that was in this holding area that you saw, is 23 evidently independent of the award or plaque that 24 attorneys Matasar and Balske observed in the chambers 25 of Judge Guimond, as Balske describes being on open
20
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1 display.
And the judge was proud of his
2 accomplishment and, therefore, displayed it openly in 3 his chambers. 4

That has nothing to do with whatever
5 depiction of Old Sparky that you saw in the holding 6 area that Judge Guimond, from your indication, asked 7 to be removed. 8
THE COURT: Okay. Then I'm going to
9 strike this from the record with regard to Balske 10 because it was four different things from which he 11 didn't have any present recollection, of one of which 12 was an electric chair, okay? 13 14 But -15
MR. SIMRIN: Matasar was the one who I won't strike it out of the record.
16 could not recall if it was an electric chair, a 17 hangman's noose, or gallows. 18 19 20 understand. 21 22 right? 23 24
MR. SIMRIN: THE COURT: (Nods.) And that's exactly why that THE COURT: It was the electric chair, THE COURT: MR. SIMRIN: Balske did remember.
And what did he view it as? I'm sorry, I did not
25 photo is in there, is because Judge Guimond got the

21
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1 actual constructive piece out of this building and 2 sent it away from here. 3
MR. SIMRIN: Would that explain why Judge
4 Guimond would have had it on display in his office if 5 he had merely ordered it removed from the holding 6 area? 7
I don't think so. THE COURT: So if we were to see a plaque
8 from the ACLU in there, would that be a problem from 9 the prosecution's standpoint?
Would you be giving
10 some issues to his ability to be fair and impartial 11 today? 12

MR. SIMRIN: Are you asking me or are you
13 asking the prosecutors? 14 15 standing up. 16 17 know -18 19 okay?

THE COURT: That simply is a yes or no, MR. SIMRIN: The ACLU, as far as I THE COURT: Well, you because you're
Mr. Simrin, you want to close your argument,
20 please. 21 22 23 24 complete it. 25

THE COURT: Mr. Simrin, we're not in here MR. SIMRIN: THE COURT: MR. SIMRIN: I'd like to continue it. What else you -Eventually I would like to
22
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1 dancing around.
Your argument is on paper.
What are
2 you adding that is not written? 3

MR. SIMRIN: The canon of judicial
4 conduct that is -5 6
THE COURT: MR. SIMRIN: Cited --- cited in the motion,
7 there's actually a clerical error. 8 9

THE COURT: MR. SIMRIN: Okay. The real rule is Oregon Code And the depiction
10 of Judicial Conduct Rule 2-106 A1.
11 that was proudly displayed on Judge Guimond's office 12 wall conflicts with that. 13
That rule provides "A judge shall
14 disqualify himself or herself in a proceeding in which 15 the judge's impartiality may be questioned." 16
As the prosecution successfully argued
17 last week in this court, in this case, the word 18 "shall" connotes a mandatory nondiscretionary duty. 19 Support for that is state ex rel Engweiler versus 20 Cook, 340 Oregon Reports 373, on page 378. 21
As the Oregon Supreme Court explained in
22 In re: Shank 318 Oregon 402, regarding the predecessor 23 to Judicial Rule of Canon of Conduct 2106. 24 would be former canon 3C1. 25
The Oregon Supreme Court said, "The Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com And that
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1 purpose and importance of canon 3C1's admonition is, a 2 judge should disqualify himself or herself in a 3 proceeding in which the judge's impartiality might 4 reasonably be questioned should be evident -5 6 what -7 8 9
MR. SIMRIN: THE COURT: MR. SIMRIN: That is not -It's the same issue. No, it is not, Your Honor. THE COURT: That's page 2. I'm read --
10 And if I may make -11 12

THE COURT: MR. SIMRIN: The appearance of -And if I may make my record,
13 I will establish to you that it is not. 14 15 on paper? 16

MR. SIMRIN: It is not in the motion. And I am THE COURT: What? It's not what you have
17 And I am trying to make a record here.
18 trying to rely on Oregon Supreme Court case law 19 regarding the predecessor here and how that applies 20 and is different in this particular case.
And I would
21 like the opportunity to do that, Your Honor. 22 23

THE COURT: MR. SIMRIN: All right. "The purpose and importance
24 of canon 3C1's admonition, a judge should disqualify 25 himself or herself in a proceeding in which the
24
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1 judge's impartiality might reasonably be questioned 2 should be evident. 3

"Because not only the fact, but also the
4 appearance of impartiality of the very currency of 5 judicial legitimacy." 6

The sole distinction here, under JR 2106,
7 as compared to canon 3C1, is that 3C1 was couched in 8 terms of discretion.

The word "should" that appeared
9 in the predecessor has been changed to the word 10 "shall," a term that even the prosecutor in this case 11 agrees is mandatory and obligatory on this court. 12
As the written motion sets forth,
13 Mr. Goody and I did not contend that the award given 14 to Judge Guimond establishes actual bias, only that it 15 establishes that the judge's impartiality may 16 reasonably be questioned. 17
And the affidavit of Dennis Balske He left the court chambers saying and
18 confirms that.
19 thinking, "I am glad that our post conviction case was 20 not a death penalty case." 21
Your Honor, Mr. Goody's and my case is a
22 death penalty case. 23 24 25

MR. HAUGEN: THE COURT: MR. HANSON: I will concede -Mr. Hanson. Your Honor, the State relies
25
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1 on the two cases that have been cited to the court. 2 The State's position is that the defense motion in 3 this case by the defense attorneys, not the defendant, 4 is irrational. 5
And based on Kafoury versus Jones, we ask
6 the court to make that finding, and that there is no 7 basis to find that Judge Guimond lacks impartiality in 8 any way based on the court's understanding of the case 9 law and the canons that have been cited by defense 10 counsel. 11
THE COURT: 15 years as a judge, Judge Mr. Haugen
12 Guimond has been steady and even-handed.
13 himself even indicated that he felt comfortable. 14

And whatever may have been referred to in
15 the affidavits, whether they could actually remember 16 them or not or not having the ability to even ask the 17 question as to why that was there, was as a real 18 accomplishment of his fairness to not have it in 19 anywhere around where somebody in the position of 20 Mr. Haugen would ever have to endure seeing something 21 like that while they waited for their case to be dealt 22 with. 23
Anybody in custody. It was nothing that was of Judge And it was clearly of Judge And that memory
24 Guimond's creation.
25 Guimond's order to have it removed.
26
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1 that was reflected in that is something he ought to 2 feel good about and that we as members of the 3 community ought to feel good about. 4 5 Mr. Haugen? 6 7 Honor. 8
THE COURT: I'm going to find that you're MR. HAUGEN: I absolutely do not, Your Do you join in this motion at all,
9 clear-headed with me today and that you freely, 10 knowingly, and understandingly make the decision not 11 to join in the motion.
I'm going to deny the motion
12 to recuse, and I'm going to allow Judge Guimond to 13 come -14

MR. SIMRIN: Your Honor, in that case I Like to ask for a recess
15 have one additional motion.
16 so that Mr. Goody and I may have the opportunity to 17 prepare and submit our petition for a writ of mandamus 18 on this issue in the Oregon Supreme Court. 19 20 21 call here.
MR. HAUGEN: MR. SIMRIN: Your Honor, if I may -This is a nondiscretionary
And what was in the waiting area had
22 nothing to do with what was on display in Judge 23 Guimond's chambers. 24

THE COURT: I'm going to deny that motion
25 right now, and then we're going to let Judge Guimond

27
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1 deal with you. 2 3

Do you want to file the writ of mandamus? MR. HAUGEN: No, Your Honor. May I say
4 one thing before we go, because -5 6 7

THE COURT: MR. HAUGEN: THE COURT: Sure. You've been very -You're supposed to stand when
8 you address me anyway. 9 10 11 slides back. 12

MR. GOODY: The plan was that he wasn't MR. HAUGEN: MR. SIMRIN: Oh, excuse me, Your Honor -I don't think that chair
13 supposed to stand, Your Honor. 14

THE COURT: That wasn't my plan. I came
15 down here, I'm going to give him the respect that he 16 deserves for dealing with how he needs to be dealt 17 with.
It's not like there aren't enough people
18 around, okay? 19
Mr. Haugen, you're going to do what you
20 need to do, correct? 21 22 23 yeah. 24

MR. HAUGEN: THE COURT: May I stand, Your Honor? Yes, sir. I hate to -- yeah,
I don't want your drawers falling down, okay? MR. HAUGEN: Excuse me. Your Honor, what
25 I find and I object in this whole proceeding is we're

28
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1 at the juncture, as I said before, in the appellate 2 process where it's my choice.
And all I'm getting is
3 ideological and political rhetoric from my counsel, 4 you know, appointing counsel, that do not agree with 5 my position. 6
And so they're using every stall tactic,
7 every maneuver, every -- personally, in my opinion, 8 what they're doing to Judge Guimond is reprehensible 9 and pretty disrespectful, you know, in trying to 10 attack his character and his ability and competency to 11 be able to conduct this hearing. 12
And so me personally, I object to any
13 motion that they file, period, in regards to trying to 14 get some sort of extension, continuation at the 15 taxpayers' expense.
How long does this have to go on?
16 You know, and that's just my opinion, and I wanted to 17 express it to Your Honor. 18
THE COURT: Thank you. And it was very
19 articulate and well said.
I'm going to sign the order I'm going to send in
20 denying the motion to recuse. 21 Judge Guimond. 22 23 24 25
(Proceedings adjourned 10:00 a.m.)
29
CERTIFICATE
1 STATE OF OREGON 2 COUNTY OF MARION 3 4
) ) ss. )
I, Colleen R. McCarty, hereby certify that I am
5 an official reporter for the Third Judicial District 6 and Certified Shorthand Reporter of the State of 7 Oregon. 8
I further certify that I reported in stenotype
9 the foregoing proceedings before the Honorable Thomas 10 M. Hart, and subsequently transcribed my shorthand 11 notes into a typewritten transcript, Pages 1 through 12 28 inclusive, and that the foregoing is a true and 13 correct transcript to the best of my knowledge, 14 ability, and belief of the proceedings as designated. 15
IN WITNESS WHEREOF, I have hereunto set my hand
16 in the City of Salem, County of Marion, State of 17 Oregon, this 31st day of May, 2011. 18 19 20 21 22 23 24 25
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com ________________________ COLLEEN R. MCCARTY, RPR OR CSR No. 00-0371 WA CSR No. 2044
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State of Oregon v. Gary Haugen - 5/18/11
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Northwest Certified Court Reporters, Inc. 503.406.2288 *** 1.800.558.8077 *** www.nwccr.com
2
9:10 constructive [1] - 21:1 contempt [1] - 9:15 contend [1] - 24:13 continuation [1] 28:14 continue [1] - 21:21 continued [2] - 3:11, 6:4 conversation [1] 8:11 conviction [2] - 15:13, 24:19 Cook [1] - 22:20 copies [1] - 13:18 copy [5] - 4:17, 5:7, 5:10, 5:18, 8:12 correct [2] - 27:20, 29:13 couched [1] - 24:7 Counsel [2] - 3:7, 13:12 counsel [13] - 3:13, 6:22, 7:16, 9:22, 10:24, 11:8, 11:11, 12:19, 13:13, 14:12, 25:10, 28:3, 28:4 COUNTY [2] - 1:1, 29:2 County [4] - 1:15, 2:2, 2:4, 29:16 couple [2] - 5:17, 10:22 COURT [76] - 1:1, 3:3, 3:18, 3:23, 4:3, 4:7, 4:10, 4:16, 4:21, 4:24, 5:3, 5:6, 5:11, 5:16, 5:25, 6:12, 6:15, 7:13, 7:22, 8:1, 8:4, 8:6, 8:10, 8:17, 8:20, 9:14, 9:24, 10:2, 10:8, 10:18, 11:2, 11:25, 12:5, 12:11, 12:15, 12:19, 13:5, 13:10, 13:18, 14:1, 14:13, 14:17, 15:4, 17:3, 17:23, 18:1, 18:6, 18:10, 18:14, 18:17, 19:13, 20:8, 20:18, 20:21, 20:24, 21:7, 21:14, 21:18, 21:22, 21:25, 22:5, 22:8, 23:5, 23:8, 23:11, 23:14, 23:22, 24:24, 25:11, 26:8, 26:24, 27:5, 27:7, 27:14, 27:22, 28:18 court [10] - 4:24, 9:19, 10:7, 13:16, 16:4, 22:17, 24:11, 24:18, 25:1, 25:6 Court [9] - 1:21, 3:15, 13:11, 15:19, 16:13, 22:21, 22:25, 23:18, 26:18 court's [3] - 6:8, 15:18, 25:8 Courthouse [1] - 1:15 creation [3] - 17:8, 17:13, 25:24 CSR [3] - 1:21, 29:23, 29:23 currency [1] - 24:4 custody [3] - 3:8, 17:17, 25:22 Cut [1] - 4:12 describes [1] - 19:25 describing [1] - 18:13 deserves [1] - 27:16 designated [1] - 29:14 detention [1] - 17:17 determination [1] 10:11 different [4] - 14:5, 20:10, 23:20 directions [1] - 18:21 discretion [1] - 24:8 discussion [1] - 16:15 display [4] - 14:21, 20:1, 21:4, 26:22 displayed [2] - 20:2, 22:11 displaying [1] - 10:14 disqualification [3] 16:11, 16:17, 16:20 disqualify [6] - 13:14, 16:7, 16:16, 22:14, 23:2, 23:24 disrespectful [1] 28:9 distinction [1] - 24:6 District [4] - 2:2, 2:4, 17:6, 29:5 Don [2] - 2:4, 3:9 done [5] - 6:10, 12:2, 14:18, 14:24, 18:4 Doug [2] - 2:2, 3:9 down [5] - 9:14, 9:16, 27:15, 27:23 draw [1] - 15:18 drawers [1] - 27:23 drink [1] - 11:1 drinks [1] - 10:22 due [2] - 6:22, 11:10 during [2] - 17:10, 18:22 duty [1] - 22:18 25:12 events [1] - 16:24 Eventually [1] - 21:23 evidence [2] - 13:16, 13:24 evident [2] - 23:4, 24:2 evidently [1] - 19:23 ex [1] - 22:19 exactly [2] - 18:19, 20:24 excuse [1] - 27:9 Excuse [2] - 12:9, 27:24 exists [1] - 16:18 expect [1] - 14:7 expense [1] - 28:15 explain [1] - 21:3 explained [2] - 16:13, 22:21 express [1] - 28:17 extended [1] - 16:15 extension [1] - 28:14 29:12 formal [2] - 14:2, 14:3 former [1] - 22:24 forth [1] - 24:12 four [1] - 20:10 free [1] - 9:11 freed [1] - 3:25 freely [1] - 26:9 Friday [1] - 3:12 front [1] - 4:10
G
gallows [1] - 20:17 GARY [1] - 1:5 Gary [3] - 2:6, 2:8, 3:6 gentlemen [1] - 19:11 given [2] - 9:10, 24:13 glad [2] - 15:12, 24:19 glean [1] - 8:8 God [1] - 9:10 God-given [1] - 9:10 GOODY [6] - 6:13, 6:18, 9:12, 10:4, 13:8, 27:12 Goody [11] - 2:8, 3:7, 3:19, 4:4, 5:8, 9:15, 13:13, 14:10, 16:8, 24:13, 26:16 Goody's [1] - 24:21 governing [1] - 16:15 gravity [1] - 19:9 grounds [1] - 16:23 Guimond [25] - 3:16, 7:16, 8:14, 8:21, 8:23, 9:1, 12:3, 12:13, 13:14, 14:22, 15:10, 17:12, 18:24, 19:20, 19:25, 20:6, 20:25, 21:4, 24:14, 25:7, 25:12, 26:12, 26:25, 28:8, 28:21 Guimond's [5] - 5:15, 22:11, 25:24, 25:25, 26:23 guys [2] - 10:20, 17:15
D
damaging [2] - 11:19, 11:20 dance [1] - 10:19 dancing [1] - 22:1 date [1] - 3:10 days [1] - 14:11 deal [2] - 13:5, 27:1 dealing [1] - 27:16 dealt [2] - 25:21, 27:16 death [7] - 3:11, 6:3, 10:13, 14:24, 15:13, 24:20, 24:22 decide [1] - 13:7 decision [5] - 6:8, 9:20, 10:16, 11:12, 26:10 Defendant [3] - 1:6, 2:6, 2:8 defendant [5] - 3:8, 3:14, 6:19, 15:25, 25:3 Defendant's [1] 16:14 defendants [1] - 11:22 Defense [1] - 3:7 defense [6] - 3:13, 8:25, 14:12, 25:2, 25:3, 25:9 definitely [3] - 7:25, 11:20, 13:4 denial [1] - 11:10 Dennis [3] - 13:17, 15:3, 24:17 deny [2] - 26:11, 26:24 denying [1] - 28:20 depicting [1] - 14:24 depiction [2] - 20:5, 22:10 Deputy [2] - 2:2, 2:4
F
facsimile [1] - 13:20 fact [2] - 10:1, 24:3 fair [2] - 16:21, 21:10 fairness [1] - 25:18 faith [2] - 12:23, 16:20 falling [1] - 27:23 far [1] - 21:16 favor [2] - 15:24 favorable [1] - 14:25 faxed [2] - 13:13, 13:18 felt [1] - 25:13 fetal [1] - 10:24 few [2] - 10:12, 14:11 fiasco [1] - 4:23 Fifth [3] - 6:20, 7:2, 7:12 file [5] - 12:22, 12:25, 27:2, 28:13 filed [8] - 3:13, 4:14, 5:9, 5:12, 8:12, 14:10, 14:14, 16:2 fine [1] - 5:5 finish [2] - 17:24, 19:13 fire [1] - 12:19 fired [1] - 7:16 firing [1] - 12:20 first [2] - 5:16, 16:18 floor [1] - 4:11 Florida [1] - 17:9 FOR [1] - 1:1 foregoing [2] - 29:9,
E
effective [1] - 6:22 either [1] - 15:5 electric [4] - 14:25, 20:12, 20:16, 20:21 endure [1] - 25:20 Engweiler [1] - 22:19 entitled [1] - 1:12 error [1] - 22:7 essentially [2] - 8:13, 17:20 establish [1] - 23:13 establishes [2] 24:14, 24:15 ethics [1] - 16:9 even-handed [1] -
H
hand [1] - 29:15 handed [1] - 25:12 hands [1] - 3:24 hangman's [1] - 20:17 Hanson [4] - 2:2, 3:4, 3:9, 24:24 HANSON [2] - 3:5, 24:25 Hart [3] - 1:14, 4:11,
3
29:10 hate [1] - 27:22 Haugen [14] - 2:6, 2:8, 3:6, 3:20, 5:22, 6:17, 9:20, 13:12, 17:15, 19:2, 25:12, 25:20, 26:5, 27:19 HAUGEN [38] - 1:5, 3:22, 4:2, 4:6, 4:9, 4:15, 4:19, 4:22, 5:2, 5:5, 6:11, 7:21, 7:24, 8:2, 8:5, 8:7, 8:16, 8:19, 8:22, 10:17, 10:23, 11:5, 12:4, 12:9, 12:12, 12:17, 12:20, 15:1, 17:22, 19:7, 24:23, 26:6, 26:19, 27:3, 27:6, 27:9, 27:21, 27:24 headed [2] - 5:23, 26:9 hear [2] - 12:5, 18:11 heard [1] - 19:3 hearing [4] - 1:13, 3:11, 6:4, 28:11 held [1] - 9:15 hereby [1] - 29:4 hereunto [1] - 29:15 herself [3] - 22:14, 23:2, 23:25 himself [4] - 22:14, 23:2, 23:25, 25:13 holding [5] - 17:11, 19:17, 19:22, 20:5, 21:5 Honor [38] - 3:5, 3:10, 3:14, 4:20, 4:23, 6:13, 7:21, 8:3, 8:7, 8:16, 9:6, 9:12, 9:22, 10:17, 11:6, 11:18, 12:4, 12:9, 14:16, 15:1, 17:22, 19:6, 19:8, 19:11, 19:17, 23:9, 23:21, 24:21, 24:25, 26:7, 26:14, 26:19, 27:3, 27:9, 27:13, 27:21, 27:24, 28:17 Honorable [2] - 1:13, 29:9 horse [1] - 7:5 22:15, 23:3, 24:1, 24:4, 24:15, 25:7 importance [2] - 23:1, 23:23 important [2] - 5:20, 15:9 impossible [1] - 17:1 impropriety [1] - 19:3 IN [2] - 1:1, 29:15 inability [1] - 10:15 Inc [1] - 1:21 inclusive [1] - 29:12 incompetently [1] 11:12 Incorporated [1] 15:20 incorrect [1] - 19:5 independent [1] 19:23 indicated [1] - 25:13 indicates [2] - 14:11, 15:3 indication [2] - 15:9, 20:6 indigent [1] - 11:22 informed [1] - 10:15 inquire [1] - 10:12 inquiring [1] - 6:17 inquiry [3] - 4:18, 6:19, 16:4 insisted [1] - 18:25 institution [1] - 10:21 intelligent [1] - 10:16 interim [1] - 17:2 interject [1] - 17:5 Internet [1] - 18:21 interrupting [1] - 11:9 investigative [1] 16:4 inviting [1] - 6:15 irrational [1] - 25:4 irrelevant [1] - 16:24 issue [5] - 13:9, 16:1, 19:15, 23:8, 26:18 issue's [1] - 6:2 issues [1] - 21:10 IT [1] - 1:12 16:7, 17:12, 17:25, 18:24, 19:20, 19:25, 20:6, 20:25, 21:3, 22:11, 24:14, 25:7, 25:11, 25:23, 25:24, 26:12, 26:22, 26:25, 28:8, 28:21 judge [9] - 16:11, 16:16, 16:18, 17:21, 20:1, 22:13, 23:2, 23:24, 25:11 judge's [4] - 22:15, 23:3, 24:1, 24:15 judgment [1] - 15:25 Judicial [3] - 22:10, 22:23, 29:5 judicial [3] - 16:10, 22:3, 24:5 juncture [3] - 9:6, 11:17, 28:1 jury [1] - 15:24 lost [1] - 12:23 11:5, 12:4, 12:9, 12:12, 12:17, 12:20, 13:8, 13:11, 13:19, 14:8, 14:15, 14:19, 15:1, 15:2, 15:7, 17:22, 17:24, 18:4, 18:7, 18:13, 18:16, 19:5, 19:7, 19:16, 20:15, 20:19, 20:23, 21:3, 21:12, 21:16, 21:21, 21:23, 22:3, 22:6, 22:9, 23:7, 23:9, 23:12, 23:16, 23:23, 24:23, 24:25, 26:6, 26:14, 26:19, 26:20, 27:3, 27:6, 27:9, 27:10, 27:12, 27:21, 27:24
M
mandamus [2] 26:17, 27:2 mandatory [2] - 22:18, 24:11 maneuver [1] - 28:7 MARION [2] - 1:1, 29:2 Marion [4] - 1:15, 2:2, 2:4, 29:16 Matasar [5] - 13:17, 13:22, 19:19, 19:24, 20:15 matter [3] - 1:12, 16:25, 17:2 McCarty [1] - 29:4 MCCARTY [2] - 1:21, 29:22 mean [3] - 6:6, 10:20, 12:6 meantime [1] - 14:8 members [1] - 26:2 memory [1] - 25:25 mental [1] - 6:7 merely [1] - 21:5 met [1] - 10:2 might [2] - 23:3, 24:1 mine [1] - 5:17 minimal [1] - 10:10 minute [1] - 17:23 moment [2] - 6:3, 6:16 months [1] - 8:24 morning [5] - 3:3, 3:5, 3:20, 3:22, 12:13 most [1] - 15:8 motion [24] - 3:15, 4:13, 5:8, 8:12, 8:13, 12:1, 12:7, 12:13, 13:4, 13:6, 13:14, 14:10, 15:16, 22:6, 23:16, 24:12, 25:2, 26:4, 26:11, 26:15, 26:24, 28:13, 28:20 motions [1] - 3:13 move [3] - 13:23, 17:1, 17:20 moved [2] - 15:25, 16:7 MR [83] - 3:5, 3:22, 4:2, 4:6, 4:9, 4:15, 4:19, 4:22, 5:2, 5:5, 5:10, 5:14, 6:11, 6:13, 6:18, 7:9, 7:21, 7:24, 8:2, 8:5, 8:7, 8:16, 8:19, 8:22, 9:12, 9:22, 9:25, 10:4, 10:17, 10:23,
N
necessary [1] - 16:22 need [11] - 7:23, 9:13, 10:9, 14:13, 14:18, 15:4, 18:2, 18:12, 18:18, 18:19, 27:20 needs [3] - 6:9, 9:22, 27:16 negative [1] - 18:23 noncommunication [1] - 12:21 nondiscretionary [2] 22:18, 26:20 noose [1] - 20:17 Northwest [1] - 1:21 notes [1] - 29:11 nothing [4] - 17:12, 20:4, 25:23, 26:22 notwithstanding [1] 15:25
K
Kafoury [1] - 25:5 Keith [3] - 2:8, 3:7, 13:13 kick [1] - 10:25 killed [1] - 17:9 kind [4] - 6:2, 7:5, 10:18, 10:19 knowingly [1] - 26:10 knowledge [1] - 29:13
L
lacks [1] - 25:7 Lamonts [1] - 15:19 last [5] - 3:12, 6:4, 14:11, 18:11, 22:17 law [4] - 6:23, 16:25, 23:18, 25:9 Law [2] - 2:6, 2:8 Lawrence [1] - 13:17 lease [1] - 15:23 left [2] - 15:10, 24:18 legitimacy [1] - 24:5 letter [2] - 7:15, 12:13 life [1] - 10:13 light [1] - 14:25 limits [1] - 16:12 line [1] - 19:4 listen [1] - 18:2 litigation [1] - 15:23 Lloyd [1] - 15:20 look [3] - 5:12, 5:17, 7:18 loose [1] - 4:12
O
object [7] - 6:18, 9:12, 13:3, 14:20, 15:11, 27:25, 28:12 objected [1] - 10:3 objection [1] - 10:5 objections [1] - 7:19 obligatory [1] - 24:11 observed [1] - 19:24 obtained [1] - 13:20 occur [1] - 14:7 OF [7] - 1:1, 1:1, 1:2, 1:11, 29:1, 29:2 offer [2] - 14:9 offering [1] - 11:7 office [5] - 17:7, 19:2, 19:20, 21:4, 22:11
J
join [3] - 12:7, 26:4, 26:11 Jones [1] - 25:5 JR [1] - 24:6 Judge [34] - 3:15, 4:11, 5:14, 7:15, 8:14, 8:20, 8:23, 9:1, 12:3, 12:13, 13:14, 14:22, 15:10, 16:3,
I
idea [1] - 9:17 ideological [1] - 28:3 impartial [2] - 16:21, 21:10 impartiality [6] -
4
official [1] - 29:5 old [1] - 8:2 Old [5] - 17:8, 18:9, 18:19, 19:21, 20:5 one [11] - 5:19, 5:23, 12:12, 12:15, 18:14, 19:7, 19:9, 20:11, 20:15, 26:15, 27:4 One [1] - 7:10 ones [1] - 13:25 oOo [1] - 2:15 open [1] - 19:25 openly [1] - 20:2 operation [1] - 16:4 opinion [5] - 4:20, 9:4, 15:19, 28:7, 28:16 opportunity [3] - 11:7, 23:21, 26:16 OR [2] - 15:20, 29:23 ORCP [1] - 16:1 order [3] - 12:21, 25:25, 28:19 ordered [1] - 21:5 OREGON [3] - 1:1, 1:2, 29:1 Oregon [13] - 1:15, 1:22, 7:11, 15:14, 22:9, 22:20, 22:21, 22:22, 22:25, 23:18, 26:18, 29:7, 29:17 originals [2] - 13:22, 14:3 ORS [4] - 15:15, 16:9, 16:12, 16:16 ought [4] - 5:11, 5:20, 26:1, 26:3 own [2] - 9:21, 10:10 person [1] - 17:16 personally [3] - 13:3, 28:7, 28:12 petition [1] - 26:17 photo [2] - 19:1, 20:25 photocopied [1] 5:15 photograph [1] 14:21 picture [1] - 19:8 piece [1] - 21:1 placed [1] - 17:11 Plaintiff [3] - 1:3, 2:2, 2:4 plaintiff [2] - 15:24, 16:7 plan [2] - 27:12, 27:14 plaque [4] - 14:20, 19:1, 19:23, 21:7 plea [1] - 10:20 point [3] - 6:17, 9:19, 18:7 points [1] - 8:9 political [1] - 28:3 Portland [1] - 1:22 position [9] - 5:22, 6:24, 7:1, 12:14, 12:18, 19:10, 25:2, 25:19, 28:5 possibly [1] - 15:12 post [2] - 15:12, 24:19 predecessor [3] 22:22, 23:19, 24:9 prepare [1] - 26:17 present [2] - 3:8, 20:11 preside [1] - 3:14 pretty [1] - 28:9 prison [1] - 17:16 problem [4] - 5:7, 8:25, 14:6, 21:8 procedural [1] - 16:14 procedures [1] - 16:16 proceed [1] - 3:17 proceeding [6] - 7:1, 16:6, 22:14, 23:3, 23:25, 27:25 Proceedings [1] 28:22 proceedings [2] 29:9, 29:14 PROCEEDINGS [1] 1:11 process [6] - 6:22, 9:6, 11:9, 11:10, 11:16, 28:2 proof [1] - 14:9 prosecution [2] 3:24, 22:16 prosecution's [1] 21:9 prosecutor [1] - 24:10 prosecutors [1] 21:13 proud [1] - 20:1 proudly [1] - 22:11 provided [2] - 8:11, 12:8 provides [1] - 22:13 provisionally [1] 13:23 provisions [2] - 7:10, 15:17 psychosis [1] - 10:15 pull [1] - 5:16 punctuation [1] - 14:6 purpose [2] - 23:1, 23:23 put [1] - 13:15 19:4 recuse [3] - 3:15, 26:12, 28:20 referred [1] - 25:14 reflected [1] - 26:1 regard [4] - 4:18, 7:16, 9:20, 20:9 regarding [3] - 15:23, 22:22, 23:19 regards [1] - 28:13 regularly [1] - 1:13 Rejecting [1] - 16:12 rel [1] - 22:19 relate [1] - 11:14 related [1] - 14:24 relation [2] - 4:22, 11:21 relationship [1] 11:21 relevancy [1] - 10:5 relevant [3] - 10:5, 10:6, 19:18 relies [1] - 24:25 rely [1] - 23:18 relying [1] - 16:8 remain [1] - 6:20 remains [1] - 17:20 Remember [1] - 4:24 remember [3] - 17:7, 20:17, 25:15 REMEMBERED [1] 1:12 remembered [1] 15:11 remodel [2] - 17:10, 18:22 removed [4] - 18:25, 20:7, 21:5, 25:25 reported [1] - 29:8 reporter [2] - 4:25, 29:5 Reporter [1] - 29:6 Reporters [1] - 1:21 Reports [1] - 22:20 reprehensible [1] 28:8 representing [4] - 2:2, 2:4, 2:6, 2:8 request [1] - 3:23 require [4] - 16:10, 16:14, 16:19, 16:24 resolve [1] - 16:3 respect [1] - 27:15 review [4] - 3:25, 5:19, 12:1, 15:8 revised [1] - 15:15 rhetoric [1] - 28:3 rights [3] - 6:20, 7:2, 7:3 Robinson [2] - 16:3, 16:8 row [1] - 10:13 RPR [2] - 1:21, 29:22 rule [2] - 22:9, 22:13 Rule [2] - 22:10, 22:23 rules [1] - 16:9 run [1] - 5:14
S
Salem [2] - 1:15, 29:16 sat [2] - 8:17, 8:23 saw [4] - 19:16, 19:19, 19:22, 20:5 scanning [1] - 8:8 seated [1] - 3:3 second [1] - 4:11 Section [1] - 7:10 see [4] - 4:13, 5:21, 11:10, 21:7 seeing [1] - 25:20 seeking [1] - 16:19 send [1] - 28:20 sense [2] - 10:8, 15:11 sent [2] - 7:15, 21:2 set [2] - 3:11, 29:15 sets [1] - 24:12 shall [3] - 22:13, 22:18, 24:10 Shank [1] - 22:22 Shorthand [1] - 29:6 shorthand [1] - 29:10 showing [1] - 16:19 SI [1] - 15:20 sic [1] - 11:12 side [1] - 17:18 sign [1] - 28:19 silent [1] - 6:20 simply [2] - 15:7, 21:18 SIMRIN [38] - 5:10, 5:14, 7:9, 9:22, 9:25, 13:11, 13:19, 14:8, 14:15, 14:19, 15:2, 15:7, 17:24, 18:4, 18:7, 18:13, 18:16, 19:5, 19:16, 20:15, 20:19, 20:23, 21:3, 21:12, 21:16, 21:21, 21:23, 22:3, 22:6, 22:9, 23:7, 23:9, 23:12, 23:16, 23:23, 26:14, 26:20, 27:10 Simrin [10] - 2:6, 3:7, 3:18, 4:4, 5:8, 13:12, 17:3, 18:15, 21:19, 21:25
Q
questioned [4] 22:15, 23:4, 24:1, 24:16
R
re [2] - 17:8, 22:22 re-creation [1] - 17:8 read [9] - 8:3, 8:4, 12:8, 14:1, 14:13, 15:4, 18:18, 18:19, 23:5 readers [1] - 7:23 reading [1] - 18:1 ready [1] - 3:17 real [2] - 22:9, 25:17 really [2] - 7:14, 18:15 reason [3] - 6:3, 6:19, 11:2 reasonably [3] - 23:4, 24:1, 24:16 receipt [1] - 13:24 receive [1] - 16:21 recess [1] - 26:15 recollection [1] 20:11 record [19] - 6:14, 6:16, 6:25, 7:10, 7:19, 9:13, 9:23, 12:7, 13:3, 14:2, 14:4, 14:14, 14:16, 15:5, 17:25, 20:9, 20:13, 23:12, 23:17 recusal [8] - 8:14, 12:1, 13:6, 13:9, 15:14, 16:24, 17:1,
P
page [2] - 22:20, 23:5 Pages [1] - 29:11 pages [1] - 5:17 paper [4] - 14:17, 18:17, 22:1, 23:15 part [6] - 14:2, 14:4, 15:8, 15:9, 17:4, 19:14 particular [3] - 6:21, 9:5, 23:20 party [1] - 16:19 passage [1] - 18:5 passed [1] - 17:2 penalty [4] - 14:24, 15:13, 24:20, 24:22 pending [1] - 13:24 people [2] - 4:8, 27:17 period [1] - 28:13 permitted [1] - 7:7
5
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tactic [1] - 28:6 taxpayers' [1] - 28:15 Ted [1] - 17:9 term [1] - 24:10 terms [1] - 24:8 testified [1] - 16:5 THE [79] - 1:1, 1:1, 3:3, 3:18, 3:23, 4:3, 4:7, 4:10, 4:16, 4:21, 4:24, 5:3, 5:6, 5:11, 5:16, 5:24, 5:25, 6:12, 6:15, 7:13, 7:22, 8:1, 8:4, 8:6, 8:10, 8:17, 8:20, 9:14, 9:24, 10:2, 10:8, 10:18, 11:2, 11:25, 12:5, 12:11, 12:15, 12:19, 13:5, 13:10, 13:18, 14:1, 14:13, 14:17, 15:4, 17:3, 17:23, 18:1, 18:6, 18:10, 18:14, 18:17, 19:13, 20:8, 20:18, 20:21, 20:24, 21:7, 21:14, 21:18, 21:22, 21:25, 22:5, 22:8, 23:5, 23:8, 23:11, 23:14, 23:22, 24:24, 25:11, 26:8, 26:24, 27:5, 27:7, 27:14, 27:22, 28:18 therefore [1] - 20:2 they've [1] - 7:19 thinking [2] - 15:11, 24:19 Third [1] - 29:5 Thomas [2] - 1:14, 29:9 three [1] - 8:24 timely [2] - 9:23, 16:2 timing [2] - 16:1, 16:12 today [5] - 6:4, 8:15, 11:12, 21:11, 26:9 tools [1] - 9:3 transcribed [1] - 29:10 TRANSCRIPT [1] 1:11 transcript [2] - 29:11,
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ultimately [1] - 6:7 uncomfortable [1] 8:20 under [4] - 7:4, 15:16, 16:1, 24:6 understandingly [1] 26:10 unfair [1] - 19:2 up [4] - 4:11, 5:1, 5:7, 21:15
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WA [1] - 29:23 waited [1] - 25:21 waiting [2] - 10:24, 26:21 waiving [1] - 7:2 wall [1] - 22:12 warrant [2] - 3:11, 6:4 watching [1] - 4:8 week [3] - 6:4, 18:12, 22:17 WHEREOF [1] - 29:15 whole [4] - 4:22, 6:2, 8:17, 27:25 wishes [1] - 12:24 WITNESS [1] - 29:15 witness [2] - 16:5, 18:8
1 2
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION STATE OF OREGON, ) ) ) ) ) ) ) ) )
3
Plaintiff,
4
vs.
Case No. 04C46224
5
GARY HAUGEN,
6
Defendant.
7 8 9 10 11 12
TRANSCRIPT OF PROCEEDINGS - May 18, 2011-Vol. II BE IT REMEMBERED that the above-entitled matter
13 came on regularly for hearing before the Honorable 14 Joseph C. Guimond, on the 18th day of May, 2011, at 15 the Marion County Courthouse, Salem, Oregon. 16 17 18 19 20 21 22 23 24 25
COLLEEN R. MCCARTY, CSR, RPR, CCR Northwest Certified Court Reporters, Inc. 10157 SW Barbur Blvd., Suite 208C Portland, Oregon 97219 (503) 406-2288
APPEARANCES
2 Mr. Doug Hanson, District Attorney for Marion County, representing the Plaintiff; 3 4 Mr. Don Abar, District Attorney for Marion County, representing the Plaintiff; 5 6 Mr. Andy Simrin, Attorney at Law, representing the Defendant Gary Haugen; 7 8 Mr. W. Keith Goody, Attorney at Law, representing the Defendant Gary Haugen. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com -oOo-
3
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1 2
(May 18, 2011, 10:00 a.m.) MR. HAUGEN: Your Honor, I actually got
3 to stand for you for once. 4

THE COURT: Good morning, Mr. Haugen.
5 How are you, sir? 6 7

MR. HAUGEN: THE COURT: It's good to see you. My understanding there's been I think the
8 some proceedings involving this case. 9 case has already been called. 10 warrant hearing process. 11
We are now at the death
Mr. Haugen, I want to first address,
12 before we go any further, you know there have been 13 some filings by your counsel.
And it's my
14 understanding at least one of them, possibly all of 15 them, have not been shared with you prior to their 16 filing. 17 18 urgent. 19 State.
Today I received a letter from you marked I made a copy for your counsel and for the And it appears from that letter that you are
20 asking that your lawyers be removed as your attorney, 21 and that -- as your attorneys, and that you proceed 22 what we call pro se, representing yourself. 23 correct, sir? 24
MR. HAUGEN: Well, Your Honor, I think -Fire or set an order Is that
25 I believe I put a slash there.
4
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1 for them to not communicate and/or file anything, any 2 motion, any objection, anything in my behalf. 3 4 do, right?
They're going to do what they're going to And I don't know if Your Honor will allow But if that is the
5 me to go at this point pro se.
6 case, I would be more than willing to do so. 7

THE COURT: Mr. Haugen, the statute
8 expressly provides that you may waive your right to 9 counsel, but I need to make sure that's a knowing, 10 free, and competent waiver before I allow it. 11 12 days on why. 13
MR. HAUGEN: Your Honor, I can go for
And I just -- I don't -THE COURT: I necessarily know whys. But
14 first of all, let me be clear, you are asking this 15 court to remove Mr. Goody and Mr. Simrin as your 16 counsel; is that correct? 17 18 19
MR. HAUGEN: MR. SIMRIN: THE COURT: Yes. Your Honor, may -Let me finish, sir. I'll
20 give you a chance to speak when it's your turn. 21

Mr. Haugen, do you understand that if I
22 allow that I would, in all likelihood, keep these 23 counsel on as legal advisors to you. 24 not be your attorneys. 25 advice.
That they would
They would not be giving legal
If you had a question about criminal
5
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1 procedure, they would answer that to the best of their 2 ability. 3 4 Your Honor. 5 6 yourself.
THE COURT: You would be representing MR. HAUGEN: I do understand the process,
And that's not something I would normally And certainly not somebody on
7 recommend to anyone.
8 death row in a situation that you're in. 9

MR. HAUGEN: But, Your Honor, I trust
10 the -- how do you say the word, colloquy? 11 12

THE COURT: MR. HAUGEN: Yes, sir, it's colloquy. -- that you and I are going
13 to have between you and myself. 14 15

THE COURT: MR. HAUGEN: Yes, sir. And I believe that that's I hope it
16 what is going to happen here before long. 17 is. 18

THE COURT:
I just want to make sure that
19 you're clear that if I allow this, sir, that you are 20 representing yourself. 21 only on as advisors.
These gentlemen would remain
They would no longer be
22 filing -- assuming they have filed documents on your 23 behalf to this point -- that's an assumption I don't 24 believe is completely clear -25
MR. HAUGEN: Which they've never
6
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1 disclosed to me. 2
THE COURT: -- that they would no longer
3 be your attorneys. 4 5
You understand that? I do understand that. Is that your free and
6 voluntary choice, sir? 7

MR. HAUGEN: That is my free and
8 voluntary wish, Your Honor. 9 10 heard. 11

MR. SIMRIN: Before proceeding any THE COURT: Mr. Simrin, you wish to be
12 further on that, I do understand -- and I'm not 13 directly trying to resurrect the motion that Judge 14 Hart presided over.
But I would need to deter -- or
15 ask, I assume that when Mr. Goody faxed that in that 16 you had an opportunity to review that. 17
One thing that I want to point out is
18 based on that, based on the affidavits of 19 Dennis Balske and Larry Matasar, that brings into 20 question canon JR 2106 that says a judge shall 21 disqualify himself or herself in a proceeding in which 22 the judge's impartiality may reasonably be questioned. 23 24 understand.
Judge Hart has ruled on that, I But the rule is couched in terms of
25 mandatory obligatory language directed at the judge

7
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1 himself.
And so you independently have an obligation
2 under JR 2106 to disqualify yourself regardless of 3 what Judge Hart did on the motion. 4 5 Mr. Simrin? 6 7 8 please.
MR. SIMRIN: MR. HAUGEN: No. Your Honor, if I may, THE COURT: May I take that as a threat,
With all due respect to you, Your Honor, and
9 this court, what I find happening right now is it is 10 extremely sad that it has come to this, right? 11 is my free will.
This We
This is my constitutional right.
12 are at a point where I get, as I said before, a right 13 to choose. 14

And you've got people who have got And
15 political and ideological beliefs and positions.
16 they're willing, like tree huggers, they're willing to 17 kill the tree and run off with it until it dies 18 somewhere else before they allow the loggers to come 19 in and cut the tree down. 20 can come up right now. 21
And I find it really sad that they have You And it's the best analogy I
22 to continue to attack your character, Your Honor.
23 know, I mean, you're here and I have nothing but the 24 utmost respect and faith in your ability, your tools, 25 your position today.
8
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1 2 situation.
I understand the gravity of this And, apparently, other people don't
3 understand the gravity and the situation in relation 4 to my perspective and my right by statute and my 5 choice, my ability to choose. 6
And they're going to continue to sit back
7 and throw out motions and rhetoric and whatever to 8 postpone and delay.
And like I told Judge Hart, They're totally
9 they're damaging my spirit, you know.
10 attempting to take me off my game, as you will, so 11 that you and I can communicate in an intelligent and 12 reasonable manner the things that you and I need to do 13 to get this process going again. 14
And I would ask that Your Honor not allow
15 the continuous interruptions, to let you and Your 16 Honor and myself proceed with what we have to do. 17 There is a lot -- there's so much involved.
If you
18 decide that you're going to sign the warrant, there is 19 so much that I have to prepare for.
There's so much
20 that families and stuff have to take care of. 21

And all this is doing -- it's probably
22 breaking so many hearts to have to come in here over 23 and over and over when we need to take care of this. 24 You know, we need to put this to sleep. 25 probably the wrong expression.
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com That's
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THE COURT:
Probably the wrong term,
2 Mr. Haugen, but I understand. 3

MR. HAUGEN: Probably the wrong term, but
4 it's all I can come up with. 5 6 saying, sir. 7 8 9

THE COURT: I understand what you're
I do understand what you're saying. MR. GOODY: THE COURT: MR. GOODY: Your Honor -I need to -- yes, Mr. Goody. I just need to be briefly -In
10 I need to briefly address two issues here.
11 reaction to what Mr. Haugen said about his respect for 12 the court and, you know, we're going to get together 13 and the court's fair and I under -- and he understands 14 that and he objects to his lawyers raising the recusal 15 motion. 16 law. 17 18 19 20
Which, incidentally, we're required to do by
I would point -THE COURT: MR. GOODY: THE COURT: MR. GOODY: If you have a basis. Pardon me? If you have a basis. Well, I didn't think I had a
21 basis until I talked to Mr. Balske yesterday and -22

THE COURT: You still don't. But go
23 ahead, Counsel. 24
MR. GOODY: Well, I understand we
25 disagree about that.

10
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1 2
THE COURT: MR. GOODY:
We certainly do. But I would point out,
3 because of the time constraints that we were -- we 4 have operated in this case, I'm the only one out of 5 the two of us that have read the complete trial 6 transcript.
That's the only thing that's been And -Your Honor, I would
7 available to me. 8 9 object -10 11
MR. HAUGEN:
Let him finish, Mr. Haugen. And I would say this about
12 the recusal motion:
You may or may not remember, but
13 Mr. Haugen filed recusal motions against you on a 14 repeated basis during the trial. 15 were argued. 16
So, you know, this is -- for him to be And those motions
17 saying, Oh, well, you know, no recusal motion ought to 18 be filed now by his attorney because I've always felt 19 the judge was the fairest person on earth, is just 20 somewhat transparent.
And it's just his method of
21 manipulating the system to get what he wants. 22

MR. HAUGEN: He's the one that's
23 manipulating the system. 24

THE COURT: Let's say, Mr. Goody, I think
25 you and Mr. Simrin are experts at manipulating the

11
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1 system. 2 3 Honor -4 5
You may continue. MR. HAUGEN: Absolutely. And, Your
Let him finish. The other thing I would say,
6 and if I heard you right, Judge, you were saying that 7 on your inquiry from Mr. Haugen that at least you were 8 going to consider having Mr. Haugen go pro se and have 9 us remain on the case as advisory counsel. 10
As a matter of constitutional law, due
11 process, you have to have a Faretta hearing on that. 12 And that's a competency hearing.
And when you have a
13 Faretta hearing under United States Supreme Court 14 case, it's an adversary hearing, of course, and the 15 lawyers should be permitted to put on their own expert 16 witnesses and the State put on their expert witnesses. 17 And the court is fully informed and makes a decision. 18 We discussed a lot of this before. 19
But I think before you can let him go We can't have
20 pro se you need to have this hearing. 21 this hearing today -22 23 24 excuse me. 25
MR. HAUGEN: MR. GOODY: Yes.
-- for one -- if you'll
For one, Dr. Lezak, who is the only Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com
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1 person who has recently examined him, is in Europe and 2 is unavailable.

We can't produce her here today She did the testing, she left, So
3 because she was gone.
4 she was in New York, and then she's now in Europe. 5 we can't produce Dr. Lezak. 6 declaration. 7
So it just seems to me that if you're
That's why we filed the
8 going to let him go pro se and there's going to -- and 9 you to have a Faretta hearing, it's going to -- we're 10 going to have a hearing somewhere down the road.
So I
11 just am informing the court what my position is on 12 that. 13 14 15 16 on. 17 18

Okay? MR. HAUGEN: THE COURT: Yes, sir. Bear with me. First of all, THE COURT: MR. HAUGEN: THE COURT: Your position's noted. Your Honor -Hang on, Mr. Haugen. Hang
19 as to motions to recuse me, Mr. Haugen and 20 Mr. Brumwell's case not only went on for three months, 21 went on for several years before that. 22
And certainly in the early years there I've totally
23 may have been motions to recuse. 24 forgotten.
If there were, I'm not saying you're
25 incorrect, Mr. Goody, I just don't recall them.

13
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1 Certainly during the trial I'm unaware of any motion 2 to recuse me at any time. 3
But getting more to the point on whether
4 Mr. Haugen has the right without a Faretta hearing to 5 discharge his counsel, I will read from the statute. 6 It is very clear. 7
It is unambiguous.
ORS 137,463, 3(a), "If the defendant
8 indicates a wish to waive the right to counsel for the 9 purpose of the death warrant hearing, the court shall 10 inquire of defendant on the record to ensure that the 11 waiver is competent, knowing, and voluntarily -- and 12 voluntary. 13
"If the court finds that the waiver is
14 competent, knowing, and voluntary, the court shall 15 discharge counsel." 16

That is my finding this morning.
17 Mr. Haugen is clearly competent to waive his right to 18 counsel. 19 20 Mr. Haugen.
Counsel are hereby removed as counsel for They are ordered to remain as legal
21 advisors only. 22
Mr. Haugen, we're now going to proceed
23 with the death -- and on the motion to recuse, first 24 of all, I want to state for the record, it was 25 completely baseless.
14
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Mr. Simrin, when you start reciting facts
2 to a judge such as Judge Hart you ought to get them 3 right.

You said several things that were flat out It
4 wrong about the, quote, plaque that I received. 5 was nothing like that.
So if you're going to accuse a
6 judge of something you at least ought to get your 7 facts right. 8

There is absolutely no basis for me to do
9 anything about Judge Hart's order except concur in it. 10 And that is my ruling. 11
Mr. Haugen, we are now going to move to This is very
12 what you correctly called a colloquy. 13 important. 14 15 guys? 16

THE COURT: Yes, sir. MR. HAUGEN:
Just briefly, who are these
Sir, I can't get into that.
17 I know you feel they're not operating on your behalf. 18 I believe they think they are. 19 not following your wishes. 20 21 22 saying. 23
MR. GOODY: Your Honor, can I ask a MR. HAUGEN: THE COURT: But they're certainly
I agree with you there. In a behalf.
Yes.
I hear what you're
24 question just so I know what my ground rules are here? 25

THE COURT: Yes, sir.
15
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MR. GOODY:
I mean, we're fully prepared And we were going
2 to argue the motions that we filed.
3 to argue what your ultimate finding should be in the 4 death warrant hearing. 5 6 7
THE COURT: MR. GOODY: THE COURT: Are our lips sealed? Yes, sir. Okay. Thank you for reminding me.
8 Mr. Haugen, on your behalf, allegedly, your attorneys 9 filed a motion to find you incompetent to execute, or 10 in the alternative, to continue and schedule an 11 evidentiary hearing. 12
There was a declaration by Mr. Goody.
13 Declaration of Novick Brown concerning issues 14 regarding your fetal alcohol syndrome.
Nothing in any
15 of these documents in my review indicated that you 16 were incompetent, just that there was some concerns 17 that someone may have about your competency. 18
Do you want me -- and since I have
19 relieved your counsel as counsel, do you want me to 20 rule on those at this time or do you want to withdraw 21 those? 22
MR. HAUGEN: Ultimately, I'm assuming
23 they're not in my favor, so I would withdraw them, 24 Your Honor. 25

THE COURT: Had you not seen them, sir?
16
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MR. HAUGEN:
I have seen nothing that And
2 they filed until sitting in this room over here.
3 then the filings that they have done in this court 4 have been brought to me at the last minute. 5
THE COURT: Sir, at this point, then, I'm
6 going to let you look at them before I withdraw them, 7 but I'm going to move ahead with the questions if 8 you're ready, sir. 9 10 Honor. 11
THE COURT: Sir, let me say this: These MR. HAUGEN: I am more than ready, Your
12 are very important -- this discussion that you and I 13 are going to have I take very seriously.
And I expect Because
14 that you'll take it very seriously, as well.
15 when we conclude the 15 or 20 questions that I'm going 16 to ask you and your answers I will make a decision. 17 And one of the decisions I will make, as your 18 attorneys -- former attorneys have brought up on 19 numerous occasions, is whether you're competent to 20 make the decision that you wish to forego your 21 appeals, if that in fact is your decision. 22
If at any time, Mr. Haugen -- it will be
23 part of the questions that I will talk to you about -24 if at any time you tell me, Judge, I've changed my 25 mind, I want to proceed with my appeals, I will
17
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1 immediately stop the process here in court and we'll 2 move -- you will continue with your appeals. 3
You will have the right to do that
4 virtually up to the time of your execution, should 5 that occur. 6

Do you understand that? MR. HAUGEN: On my dear old Norwegian
7 granddaddy, that will not occur. 8

THE COURT: All right. Mr. Haugen, I'm
9 going to begin. 10 begin with.
There's some very basic questions to
Please don't think I'm insulting your I'm required by the law and the
11 intelligence.
12 statutes to ask you these questions. 13 14

MR. HAUGEN: THE COURT: Absolutely. You do understand and speak
15 the English language; is that correct? 16

MR. HAUGEN: Yes, I do, Your Honor. I
17 actually speak a couple languages. 18

THE COURT: All right. Do you read and
19 write the English language, sir? 20 21

MR. HAUGEN: THE COURT: Yes, I do, Your Honor. Are you taking any
22 medications at this time? 23

MR. HAUGEN: Yes, I am. I take Neurontin
24 and a medication called Klonopin. 25 body pains.
It's for mood and
18
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THE COURT:
Are those medications
2 affecting your ability in any way at all to 3 communicate with me, understand my questions, and be 4 able to respond? 5
MR. HAUGEN: They're actually enhancing
6 it, Your Honor. 7

THE COURT: All right. Are you currently
8 suffering from any mental or physical illness? 9

MR. HAUGEN: I have -- I've been Which means I've
10 diagnosed as having Hep C antigen.
11 been exposed to Hep C somewhere, but it hasn't kicked 12 in in my body and it's not affecting me. 13 also have diabetes.
I'm -- and I
And I monitor my diet and I work
14 out and it's not a -- doesn't affect me in any way. 15

THE COURT: If for any reason,
16 Mr. Haugen, including your diabetic condition, you 17 need to take a break at some point, you get to feeling 18 a little weak or a little tired, you let me know right 19 away and we'll stop, okay? 20 21
MR. HAUGEN: THE COURT: Absolutely, absolutely. All right. Mr. Haugen, do
22 you understand you've been convicted of two counts of 23 aggravated murder? 24 25

MR. HAUGEN: THE COURT: Yes, I do. Do you understand that you
19
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1 were sentenced to death for the aggravated murder of 2 David Polin? 3 4

MR. HAUGEN: THE COURT: Yes, I do. And you do understand that
5 you've been sentenced to death; is that correct? 6 7

MR. HAUGEN: THE COURT: Yes, Your Honor. Do you understand what the
8 effect of the death sentence will be? 9

MR. HAUGEN: Well, one of them will be
10 that we'll never have to have this conversation again. 11

THE COURT: Beyond that, Mr. Haugen, do
12 you understand that if we proceed and I determine your 13 questions -- your answers to these questions that you 14 are competent and knowingly and voluntarily not only 15 answering the questions but proceeding to waive your 16 appeals, your execution will be scheduled in barely 17 over two months from now, you realize that? 18 19 Honor. 20
THE COURT: All right. Do you understand MR. HAUGEN: I do realize that, Your
21 we're here today to issue a death warrant that will 22 order your execution, as I just said, on a date to be 23 determined by the court; do you understand that? 24 25 would -Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com MR. HAUGEN: Yes, I do. Your Honor, I
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1 2
Yes, sir. -- on that question I would
3 only have -- I would plead to Your Honor for a request 4 that -- this is question 10, right? 5 6 7
THE COURT: MR. HAUGEN: THE COURT: Yes, sir. Okay. That --
No, not question -- this is
8 question 9, at least according to the sheet that I 9 have. 10 11

MR. HAUGEN: THE COURT: Oh, okay. You understand that I'll be
12 determining, based on communications with the 13 Department of Corrections, a date for your execution? 14
MR. HAUGEN: Yes, Your Honor. And I
15 would request input in relation to that, if Your 16 Honor, please.

Based on if you do, if we get to that
17 point and you do sign the warrant, I was told that it 18 was -- there was a July 28 date. 19 20
THE COURT: MR. HAUGEN: Correct, sir. Your Honor, I personally
21 would plead to the court for a September 2nd date. 22 September 2nd is the day that this alleged crime 23 happened that Mr. Polin died. 24 25 you know.
And I just -- I don't know what it is, You know, giving back or something, I think
21
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1 that that might be a semi appropriate date to do that. 2 Plus, July 28 is my little nephew's birthday.
And not
3 that anybody should even care about my people and 4 et cetera, et cetera.
But I am pleading to the court
5 that he not have to have that on his birthday. 6

THE COURT: Mr. Haugen, those are I'm not sure
7 certainly reasonable requests, sir.
8 they're within my authority to order the Department of 9 Corrections.

I will certainly make a recommendation
10 that your request be granted, but I don't have the 11 power to order them to pick a particular date. 12 are the ones that tell me what date. 13
But we'll see if there can be a date I don't know if that will be They
14 other than July 28th. 15 the case. 16 17
Thank you, Your Honor. All right. Do you
18 understand, Mr. Haugen, that you have a right within 19 90 days after your conviction becomes final to file a 20 petition, writ of certiori, commonly referred writ of 21 cert, review of your conviction and death sentence in 22 the United States Supreme Court, and in such a 23 petition you can present any challenges you may have 24 under federal law to your convictions and your death 25 sentence.
Do you understand that, Mr. Haugen?
22
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MR. HAUGEN:
I do.
And at the public
2 expense, right? 3
THE COURT: Yes, sir. And do you
4 understand that the State Defender would continue to 5 represent you or would actually be reappointed to 6 represent you at public expense on such a writ of 7 cert. 8
Do you understand that, sir? MR. HAUGEN: I do, Your Honor. What I
9 would suggest -- and you know me, I'm always going to 10 suggest something -- that the expenses that -- if we 11 come to the signing of the death warrant, that the 12 expenses used on all these appeals and post conviction 13 and everything that would be, you know, the federal 14 habeas corpus, et cetera, et cetera, take that 15 money -- I would submit they take that money and give 16 that to the Sam Keizer School District and buy some 17 kids some lunches, you know. 18
THE COURT: Thank you, Mr. Haugen. Is it
19 all right if we move forward now? 20 21

MR. HAUGEN: THE COURT: Absolutely, sir. Do you understand that you
22 have a right within two years after your conviction 23 became final to file a petition for post conviction 24 relief in the State Circuit Court, and in such a 25 petition you could present challenges you might have
23
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1 under federal or state law to your convictions and 2 death sentence. 3

Do you understand that, sir? I do. At the public
MR. HAUGEN:
4 expense, right? 5
THE COURT: Yes. And you understand that
6 you're entitled to the appointment of suitable counsel 7 at public expense to represent you in a proceeding for 8 post conviction relief? 9 10
MR. HAUGEN: THE COURT: Yes, I do, Your Honor. You understand you have a
11 right to file a petition for habeas corpus relief in 12 the Federal District Court.
And that in such petition
13 you could present any challenges you may have under 14 federal law to your convictions and death sentence. 15
Do you also understand that the federal
16 court may appoint counsel at public expense to 17 represent you in a proceeding for habeas corpus 18 relief. 19 20 Your Honor? 21 22 23
THE COURT: MR. HAUGEN: THE COURT: Yes, sir. Yes, I do. Do you intend, Mr. Haugen, to Do you understand all that, Mr. Haugen? MR. HAUGEN: At public expense, right,
24 pursue any further legal challenges to your death 25 sentence?

24
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1 2
No, sir. Do you understand that if you
3 pursue any legal challenges to your death sentence 4 that your execution will not take place until after 5 all such legal challenges have been resolved? 6 7 8 9
MR. HAUGEN: THE COURT: MR. HAUGEN: THE COURT: Meaning if I initiate them? Yes, sir. Yes, I do. Do you understand, sir, that
10 after this hearing you may change your mind and choose 11 to challenge your sentence and pursue your appeals. 12 Do you understand that? 13 14 right? 15 16 17
THE COURT: MR. HAUGEN: THE COURT: Yes, sir. Yes, I do understand that. Mr. Haugen, maybe you've MR. HAUGEN: At the taxpayers' expense,
18 already answered this but it's an important question, 19 I want you to answer it.
Why do you not wish to
20 challenge your death sentence? 21

MR. HAUGEN: Well, I kind of written
22 out -- do we got a moment? 23 24

THE COURT: MR. HAUGEN: Yes. Go ahead.
I kind of written out a
25 little something.
But, number 1, so that these people
25
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1 don't ever have to experience this with at least me 2 again. 3

And also, you ask why I'm willing to The answer is simply I feel the I am disgraced by the hypocrisy
4 sacrifice myself. 5 system has failed.
6 that is passed off as justice, a facade supported by 7 those who benefited at taxpayers' expense. 8
I sit in my little cage on the row and I
9 watch as every day as rulings are made that reenforce 10 the fact that there is no such thing as equal 11 protection and that law doesn't actually apply. 12
I watch as the courts overturn their own
13 rulings favorable to us contradicting every principle 14 those previous rulings were based on just so they can 15 justify rubber stamping our appeals. 16
I watch as the courts overturn or
17 reinterpret the Oregon Constitution for every 18 individual appeal so as to justify rulings that would 19 support ideological or political positions currently 20 popular.
Or just blatantly ignore precedents set down
21 by the United States Supreme Court to protect our 22 constitutional rights, passing those violations of our 23 rights off as harmless error as if there was such a 24 thing as harmless error when a person's life is 25 involved.
26
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1 2 me. 3
Miss, am I going too fast?
Okay.
Excuse
After 30 years, Your Honor, 30 years I've I
4 been in the joint, I've been in the penitentiary. 5 was an indigent defendant, lost all trust in
6 attorneys, and have no faith in the justice system. 7 I'm hoping you'll revive that for me. 8
I'm willing to sacrifice myself, fall on
9 my sword, if you will, in protest of the arbitrary, 10 capricious, and vindictive nature of Oregon's death 11 penalty scheme that is structurally and systemically 12 flawed. 13
For example, how do you justify putting
14 me on death row because a murderer died in prison? 15 And Ward Weaver sitting on a fresh concrete with a 16 little girl dead in a barrel 3 feet beneath him 17 conducts an interview with the media smoking a 18 cigarette, while in a shed 20 feet away another little 19 girl is stuffed in a cardboard box. 20
And how about Courtney who killed And then there's the Happy Face And yet, I
21 Brooke Wilberger?
22 Killer and the I-5 Bandit, and on and on. 23 deserve the death penalty. 24
Maybe I do.
And based on that, it's like you got guys
25 on the row that are no more dangerous than anyone on

27
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1 the main line. 2 3 run the row?

Just do the math. What does it cost to
Years of attorneys' fees, court costs.
4 Everyone gets paid millions and millions of dollars of 5 the taxpayers' money while the above-mentioned serial 6 killers run around on the main line for a fraction of 7 the cost. 8
Really? Really?
You know, at a time when the economy is
9 so strained the State will cut education, Medicaid, 10 Medicare.

Our gas prices are $4 and $5 a gallon. How
11 does the millions and millions designated for the row 12 not get looked at? 13 not get looked at?
How do the costs and imbalances It's despicable, disgusting, and
14 absolutely irresponsible to a community to not expose 15 the truth. 16

They will be no more safe without the row
17 than they are with the above-mentioned mutants running 18 around on prison main lines. 19
So I sacrifice myself in protest to those
20 who choose this despicable cash cow over our children 21 and communities in hopes that it will bring attention 22 to the farce that is the row and cause people to 23 inquire about their tax dollars and demand checks and 24 balances. 25 eyes.
Demand checks and balances. Open your
The millions saved by the removal of the row,
28
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1 aren't you and your children worth it? 2

Personally, I refuse to exist under the
3 conditions in which everyone's only concern is to line 4 their pockets and justice and equal protection are 5 only words. 6 row.
Don't accept their explanation of the Have them justify it I choose to no
It's only a justification.
7 to your kids.
Hold them accountable.
8 longer support the hypocrisy and the lie that is 9 Oregon's judicial system. 10
And the cash cow that is death row, those
11 are just some, Your Honor, of the reasons for 12 sacrificing myself.
Can you, the people, with the
13 knowledge that your children and your communities are 14 being denied and lied to about the millions and 15 millions of dollars that could go to the effective 16 need and not a selective greed. 17 won, is broken, and has failed. 18 money.
The money doesn't lie. If so, the system has Just follow the I'm just keeping this
19 shit real, Your Honor. 20

Think about it. I have, for 30 years. No mercy asked
21 And I choose to no longer accept it. 22 and none given. 23 Gary Haugen. 24
THE COURT:
Red Wednesday, the 18th of May 2010,
Thank you, Mr. Haugen.
25 want to say to you, sir, I'm sorry that you've lost

29
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1 faith in the judicial system.
I truly am sorry that I don't blame you
2 it's come to that point for you. 3 for your distrust. 4
I do understand it.
Is it all right if I proceed with the
5 last few questions with you? 6

MR. HAUGEN: Yes. It was so long I
7 thought we were done. 8

THE COURT: I just have couple more.
9 Please let me get through. 10 11

MR. HAUGEN: THE COURT: Okay. You've indicated why you do Is your
12 not want to challenge your death sentence.
13 desire not to challenge your sentence a result of any 14 threat or promise made to you by anyone? 15 16
MR. HAUGEN: THE COURT: No, Your Honor. Do you want any other person
17 to challenge your death sentence on your behalf? 18 19

MR. HAUGEN: THE COURT: Absolutely not. This last question may seem a
20 little ridiculous given the circumstances that have 21 occurred this morning.
But have you discussed your
22 decision not to challenge your death sentence with 23 your former counsel, Mr. Simrin and Mr. Goody? 24 25 with it.
MR. HAUGEN: Yes, Your Honor. All but bloodied my knuckles
30
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THE COURT:
Is there anything else you
2 want to say, Mr. Haugen, at this point before I make 3 certain findings? 4
MR. HAUGEN: Your Honor -- Your Honor, And Judge Hart
5 I've had enough.
You know, 30 years.
6 was going to -- said he was going to ask a few 7 questions about the row and about this, that, and the 8 other. 9
And the bottom line is that I feel like a And
10 dinosaur in a world that's evolving around me. 11 I'm old school.
The guys have brought me up, the guys All the
12 that I run with, the guys, they're all dead.
13 older cats that -- excuse me, all the older men 14 that -- in the system that have educated me and 15 brought me up, they're all gone. 16 handful of friends left. 17
You know, I'm stuck on a row that -- and You know, I got a
18 I'm not getting on a pedestal or anything like I'm 19 somehow better than these guys.
But I've spent 30
20 years developing an operating philosophy on building 21 principles and values and character. 22
And I know myself. I'm not going to rub
23 elbows with cats that burn the vaginas out of little 24 babies and sit back and drown their entire families 25 and on and on.
31
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1 2 Rogers, man.
The guy who cuts our hair is Dayton Leroy Are you for real? You think I'm going
3 to spend the next 15, 20 years, Your Honor, fighting 4 appeals with cats like that touching me, interacting 5 with me? 6
And the way I am, with all due respect to And -- but that's And knowing me, I sit
7 the court, I will put one down. 8 just me, Your Honor, you know.
9 back and throw myself on the court to sign the 10 warrant.

Because I don't want to see -- I don't want
11 people to go through what I know the future holds in 12 my life to continue with this process. 13 simple. 14
THE COURT: Thank you, Mr. Haugen. I It's just that
15 make the findings -- following findings of fact, 16 conclusions of law based upon my exchange with 17 Mr. Haugen, finding is clearly able to speak and 18 understand English language; he's able to read and 19 write the English language; he's able to understand 20 what has been said to him, the nature of these 21 proceedings; he's not impaired by any medication he 22 may be taking or any other substance he's currently 23 taking or by any mental or physical illness or 24 condition. 25
Mr. Haugen clearly understands he's been Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com
32
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1 convicted of two counts of aggravated murder and 2 sentenced to death for the aggravated murder of 3 David Polin. 4
Defendant understands that he's been Defendant has a rational
5 sentenced to death.
6 understanding of the reason for his death sentence. 7 Defendant understands he's in court today for the 8 issuance of a death warrant that will order his 9 execution on a date to be determined by the court. 10
Defendant understands he has a right to
11 file a petition writ of certiori for review of his 12 convictions and death sentence with the United States 13 Supreme Court.
He understands that a public defender
14 will be appointed to represent him at public expense 15 on such a petition.

Defendant understands his right
16 to file for post conviction relief in the State 17 Circuit Court.

And he can challenge under federal or
18 state law, he could bring any challenges to his 19 convictions and death sentence.
He also understands
20 he has a right to appointment of counsel in any 21 proceeding for post conviction relief. 22
Defendant understands he has a right to
23 file a petition for habeas corpus relief in the 24 Federal District Court.
And in such a petition can
25 present challenges he may have under federal law to

33
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1 his convictions and death sentence.
Defendant
2 understands the federal court may appoint counsel for 3 him. 4

Defendant has discussed, or at least
5 attempted to discuss his decision not to execute -6 not to exercise his appellate rights with his former 7 counsel, Mr. Simrin and Mr. Goody. 8
I clearly find from the colloquy that we
9 exchanged that Defendant does not suffer from mental 10 or physical impairment or any condition that would in 11 any manner affect his decision not to pursue further 12 challenges to his convictions and his sentence of 13 death. 14
Defendant is not taking any medication
15 that would affect his decision not to pursue any 16 further challenges to his convictions and sentence of 17 death. 18
Defendant clearly understands the
19 procedures available to him to challenge his 20 convictions and sentence of death.

Defendant
21 currently does not plan to pursue any further legal 22 challenges to his convictions and sentences of death. 23
Defendant currently desires no other
24 person challenge his convictions and sentence of 25 death.

Defendant's desire not to challenge his
34
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1 convictions and sentence of death is not the result of 2 any threat or promise.
Defendant understands he's
3 been sentenced to death and that execution of his 4 sentence will occur if he does not challenge his 5 sentence or conviction. 6
Defendant further understands he has a
7 right to change his mind should he choose to pursue 8 appeals of his conviction and death sentence. 9
I find that he is competent to engage in
10 a reasonable choice of legal strategies and opinion 11 and options, that he is able to aid and assist his 12 former counsel and aid and assist himself in this 13 hearing.
I find the defendant is currently legally
14 sane for the purposes of being executed. 15

I will sign the death warrant.
16 Mr. Sylvester, I don't want to surprise you too much, 17 but would you or someone from your office contact the 18 Department of Corrections and find out -- I will 19 insert in the death warrant the date -- Mr. Abar, you 20 have a suggestion on that? 21
MR. ABAR: It was previously suggested by
22 the Department of Corrections the date of July 28, 23 but, Mr. Haugen, we don't have any opposition to 24 changing that date.
However, the execution under the That'd
25 law would have to take place by August 18th.
35
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1 be the 120 days, so it can't go into September -2 3

MR. HAUGEN: MR. ABAR: Okay. We can throw
-- but statute.
4 out some other dates, July 27, August 16, August 17, 5 August 18. 6 7 date. 8 9 10 11 12 okay? 13 14
MR. SYLVESTER: THE COURT: Yes. THE COURT: MR. HAUGEN: MR. ABAR: THE COURT: August 18th? Yeah. MR. HAUGEN: I would take the latest
That is 120 days. Mr. Sylvester, that'd be
I will at this time sign the I'll order the
15 death warrant for Mr. Gary Haugen.
16 execution to take place on the 18th day of August of 17 2011.

I am signing it on today with today's date. It
18 will be attested to by the clerk of the court. 19

Mr. Haugen, sir, I wish you the best.
20 And I want to say -- I said this to you at the time 21 after the jury determined that you should receive the 22 sentence of death and you got a little offended by it, 23 and I don't mean to offend you, sir.
But I do wish
24 God's blessing on you in all your decisions in the 25 rest of your life.
Good luck, sir.
36
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MR. HAUGEN:
Thank you.
And I would say,
2 Hail Odin, 88. 3 4 5

THE COURT: Yes, sir. We are adjourned.
(The proceedings adjourned 10:28 a.m.) THE COURT: Mr. Hanson, would you call
6 the case, please. 7

MR. HANSON: Yes. Thank you, Your Honor.
8 We're back on the record in State vs. Haugen, 9 04C46224. 10

The court just signed the death warrant
11 indicating an execution date of August 18, 2011. 12 However, after we looked through the calendar and 13 counted the very specific days from the appellate 14 judgment of April 19, 2011, to make it clear, we were 15 outside the 120 days by statute.
So we are asking the
16 court to modify that and have the execution date 17 scheduled in the order for August 16 of 2011 to comply 18 with the statute. 19 20 that change?
THE COURT: Mr. Haugen, you okay with
Apparently it's outside my authority to
21 go beyond the 120 days. 22

MR. HAUGEN: Right. I got to be okay
23 with it, Your Honor. 24
So, yeah, I am. The record should reflect
THE COURT:
25 you're here without your legal advisors and this was

37
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1 simply a one question about the date. 2 with it; is that right? 3 4 Honor. 5
And you're okay
I'm fine with this, Your
The date will change to
6 August 16th of 2011.
And I will make that change on
7 the death warrant at this time. 8 9 10 heart.

MR. HANSON: MR. HAUGEN: Thank you, Honor. You guys can't do that to my
When called back in I thought they were going What the -- oh, man. No, sir. Thank you very much
11 to reverse on it. 12
THE COURT:
13 for your cooperation today, sir. 14

MR. HAUGEN: Your Honor, thank you very
15 much for giving me a little bit of faith in the 16 justice system and honoring my wishes. 17 lot -- more to me than you'll know. 18 19 luck. 20 21 22 23 24 25
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com (The proceedings adjourned 10:40 a.m.) THE COURT: You're welcome, sir. Good That means a
38
CERTIFICATE
1 STATE OF OREGON 2 3 COUNTY OF MARION 4
) ) ss. )
I, Colleen R. McCarty, hereby certify that I am
5 an official reporter for the Third Judicial District 6 and Certified Shorthand Reporter of the State of 7 Oregon. 8
I further certify that I reported in stenotype
9 the foregoing proceedings before the Honorable Joseph 10 C. Guimond, and subsequently transcribed my shorthand 11 notes into a typewritten transcript, Pages 1 through 12 37 inclusive, and that the foregoing is a true and 13 correct transcript to the best of my knowledge, 14 ability, and belief of the proceedings as designated. 15
IN WITNESS WHEREOF, I have hereunto set my hand
16 in the City of Salem, County of Marion, State of 17 Oregon, this 31st day of May, 2011. 18 19 20 21 22 23 24 25
Northwest Certified Court Reporters, Inc. 503.406.2288 *** 800.558.8077 *** www.nwccr.com ________________________ COLLEEN R. MCCARTY, RPR OR CSR No. 00-0371 WA CSR No. 2044
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cage [1] - 25:8 calendar [1] - 36:12 canon [1] - 6:20 capricious [1] - 26:10 cardboard [1] - 26:19 care [3] - 8:20, 8:23, 21:3 Case [1] - 1:4 case [9] - 3:8, 3:9, 4:6, 10:4, 11:9, 11:14, 12:20, 21:15, 36:6 cash [2] - 27:20, 28:10 cats [3] - 30:13, 30:23, 31:4 CCR [1] - 1:22 cert [2] - 21:21, 22:7 certain [1] - 30:3 Certainly [1] - 13:1 certainly [6] - 5:7, 10:1, 12:22, 14:18, 21:7, 21:9 Certified [2] - 1:22, 38:6 certify [2] - 38:4, 38:8 certiori [2] - 21:20, 32:11 cetera [4] - 21:4, 22:14 challenge [11] - 24:11, 24:20, 29:12, 29:13, 29:17, 29:22, 32:17, 33:19, 33:24, 33:25, 34:4 challenges [11] 21:23, 22:25, 23:13, 23:24, 24:3, 24:5, 32:18, 32:25, 33:12, 33:16, 33:22 chance [1] - 4:20
2
change [5] - 24:10, 34:7, 36:20, 37:5, 37:6 changed [1] - 16:24 changing [1] - 34:24 character [2] - 7:22, 30:21 checks [2] - 27:23, 27:24 children [3] - 27:20, 28:1, 28:13 choice [3] - 6:6, 8:5, 34:10 choose [7] - 7:13, 8:5, 24:10, 27:20, 28:7, 28:21, 34:7 cigarette [1] - 26:18 CIRCUIT [1] - 1:1 Circuit [2] - 22:24, 32:17 circumstances [1] 29:20 City [1] - 38:16 clear [5] - 4:14, 5:19, 5:24, 13:6, 36:14 clearly [5] - 13:17, 31:17, 31:25, 33:8, 33:18 clerk [1] - 35:18 COLLEEN [2] - 1:22, 38:22 Colleen [1] - 38:4 colloquy [4] - 5:10, 5:11, 14:12, 33:8 commonly [1] - 21:20 communicate [3] 4:1, 8:11, 18:3 communications [1] 20:12 communities [2] 27:21, 28:13 community [1] - 27:14 competency [2] 11:12, 15:17 competent [7] - 4:10, 13:11, 13:14, 13:17, 16:19, 19:14, 34:9 complete [1] - 10:5 completely [2] - 5:24, 13:25 comply [1] - 36:17 concern [1] - 28:3 concerning [1] - 15:13 concerns [1] - 15:16 conclude [1] - 16:15 conclusions [1] 31:16 concrete [1] - 26:15 concur [1] - 14:9 condition [3] - 18:16, 31:24, 33:10 conditions [1] - 28:3 conducts [1] - 26:17 consider [1] - 11:8 Constitution [1] 25:17 constitutional [3] 7:11, 11:10, 25:22 constraints [1] - 10:3 contact [1] - 34:17 continue [7] - 7:22, 8:6, 11:1, 15:10, 17:2, 22:4, 31:12 continuous [1] - 8:15 contradicting [1] 25:13 conversation [1] 19:10 convicted [2] - 18:22, 32:1 conviction [10] 21:19, 21:21, 22:12, 22:22, 22:23, 23:8, 32:16, 32:21, 34:5, 34:8 convictions [12] 21:24, 23:1, 23:14, 32:12, 32:19, 33:1, 33:12, 33:16, 33:20, 33:22, 33:24, 34:1 cooperation [1] 37:13 copy [1] - 3:18 corpus [4] - 22:14, 23:11, 23:17, 32:23 correct [5] - 3:23, 4:16, 17:15, 19:5, 38:13 Correct [1] - 20:19 Corrections [4] 20:13, 21:9, 34:18, 34:22 correctly [1] - 14:12 cost [2] - 27:2, 27:7 costs [2] - 27:3, 27:12 couched [1] - 6:24 Counsel [2] - 9:23, 13:19 counsel [20] - 3:13, 3:18, 4:9, 4:16, 4:23, 11:9, 13:5, 13:8, 13:15, 13:18, 13:19, 15:19, 23:6, 23:16, 29:23, 32:20, 33:2, 33:7, 34:12 counted [1] - 36:13 counts [2] - 18:22, 32:1 COUNTY [2] - 1:1, 38:3 County [4] - 1:15, 2:2, 2:4, 38:16 couple [2] - 17:17, 29:8 course [1] - 11:14 court [23] - 4:15, 7:9, 9:12, 11:17, 12:11, 13:9, 13:13, 13:14, 16:3, 17:1, 19:23, 20:21, 21:4, 23:16, 27:3, 31:7, 31:9, 32:7, 32:9, 33:2, 35:18, 36:10, 36:16 COURT [85] - 1:1, 3:4, 3:7, 4:7, 4:13, 4:19, 5:5, 5:11, 5:14, 5:18, 6:2, 6:5, 6:9, 7:4, 9:1, 9:5, 9:8, 9:17, 9:19, 9:22, 10:1, 10:10, 10:24, 11:4, 12:13, 12:15, 12:18, 14:16, 14:21, 14:25, 15:5, 15:7, 15:25, 16:5, 16:11, 17:8, 17:14, 17:18, 17:21, 18:1, 18:7, 18:15, 18:21, 18:25, 19:4, 19:7, 19:11, 19:20, 20:1, 20:5, 20:7, 20:11, 20:19, 21:6, 21:17, 22:3, 22:18, 22:21, 23:5, 23:10, 23:21, 23:23, 24:2, 24:7, 24:9, 24:15, 24:17, 24:23, 28:24, 29:8, 29:11, 29:16, 29:19, 30:1, 31:14, 35:8, 35:11, 35:14, 36:3, 36:5, 36:19, 36:24, 37:5, 37:12, 37:18 Court [9] - 1:22, 11:13, 21:22, 22:24, 23:12, 25:21, 32:13, 32:17, 32:24 court's [1] - 9:13 Courthouse [1] - 1:15 Courtney [1] - 26:20 courts [2] - 25:12, 25:16 cow [2] - 27:20, 28:10 crime [1] - 20:22 criminal [1] - 4:25 CSR [3] - 1:22, 38:23, 38:23 cut [2] - 7:19, 27:9 cuts [1] - 31:1
D
damaging [1] - 8:9 dangerous [1] - 26:25 date [18] - 19:22, 20:13, 20:18, 20:21, 21:1, 21:11, 21:12, 21:13, 32:9, 34:19, 34:22, 34:24, 35:7, 35:17, 36:11, 36:16, 37:1, 37:5 dates [1] - 35:4 David [2] - 19:2, 32:3 days [7] - 4:12, 21:19, 35:1, 35:10, 36:13, 36:15, 36:21 Dayton [1] - 31:1 dead [2] - 26:16, 30:12 dear [1] - 17:6 death [45] - 3:9, 5:8, 13:9, 13:23, 15:4, 19:1, 19:5, 19:8, 19:21, 21:21, 21:24, 22:11, 23:2, 23:14, 23:24, 24:3, 24:20, 26:10, 26:14, 26:23, 28:10, 29:12, 29:17, 29:22, 32:2, 32:5, 32:6, 32:8, 32:12, 32:19, 33:1, 33:13, 33:17, 33:20, 33:22, 33:25, 34:1, 34:3, 34:8, 34:15, 34:19, 35:15, 35:22, 36:10, 37:7 decide [1] - 8:18 decision [8] - 11:17, 16:16, 16:20, 16:21, 29:22, 33:5, 33:11, 33:15 decisions [2] - 16:17, 35:24 Declaration [1] 15:13 declaration [2] - 12:6, 15:12 Defendant [18] - 1:6, 2:6, 2:8, 32:4, 32:5, 32:7, 32:10, 32:15, 32:22, 33:1, 33:4, 33:9, 33:14, 33:18, 33:20, 33:23, 34:2, 34:6 defendant [4] - 13:7, 13:10, 26:5, 34:13 Defendant's [1] 33:25 Defender [1] - 22:4 defender [1] - 32:13
delay [1] - 8:8 demand [1] - 27:23 Demand [1] - 27:24 denied [1] - 28:14 Dennis [1] - 6:19 Department [4] 20:13, 21:8, 34:18, 34:22 deserve [1] - 26:23 designated [2] 27:11, 38:14 desire [2] - 29:13, 33:25 desires [1] - 33:23 despicable [2] 27:13, 27:20 deter [1] - 6:14 determine [1] - 19:12 determined [3] 19:23, 32:9, 35:21 determining [1] 20:12 developing [1] - 30:20 diabetes [1] - 18:13 diabetic [1] - 18:16 diagnosed [1] - 18:10 died [2] - 20:23, 26:14 dies [1] - 7:17 diet [1] - 18:13 dinosaur [1] - 30:10 directed [1] - 6:25 directly [1] - 6:13 disagree [1] - 9:25 discharge [2] - 13:5, 13:15 disclosed [1] - 6:1 discuss [1] - 33:5 discussed [3] - 11:18, 29:21, 33:4 discussion [1] - 16:12 disgraced [1] - 25:5 disgusting [1] - 27:13 disqualify [2] - 6:21, 7:2 District [6] - 2:2, 2:4, 22:16, 23:12, 32:24, 38:5 distrust [1] - 29:3 documents [2] - 5:22, 15:15 dollars [3] - 27:4, 27:23, 28:15 Don [1] - 2:4 done [2] - 16:3, 29:7 Doug [1] - 2:2 down [4] - 7:19, 12:10, 25:20, 31:7 Dr [2] - 11:25, 12:5 drown [1] - 30:24
3
due [3] - 7:8, 11:10, 31:6 during [2] - 10:14, 13:1 expose [1] - 27:14 exposed [1] - 18:11 expression [1] - 8:25 expressly [1] - 4:8 extremely [1] - 7:10 eyes [1] - 27:25 flat [1] - 14:3 flawed [1] - 26:12 follow [1] - 28:17 following [2] - 14:19, 31:15 FOR [1] - 1:1 forego [1] - 16:20 foregoing [2] - 38:9, 38:12 forgotten [1] - 12:24 former [4] - 16:18, 29:23, 33:6, 34:12 forward [1] - 22:19 fraction [1] - 27:6 free [4] - 4:10, 6:5, 6:7, 7:11 fresh [1] - 26:15 friends [1] - 30:16 fully [2] - 11:17, 15:1 future [1] - 31:11 23:11, 23:17, 32:23 Hail [1] - 36:2 hair [1] - 31:1 hand [1] - 38:15 handful [1] - 30:16 Hang [2] - 12:15 Hanson [2] - 2:2, 36:5 HANSON [2] - 36:7, 37:8 Happy [1] - 26:21 harmless [2] - 25:23, 25:24 Hart [6] - 6:14, 6:23, 7:3, 8:8, 14:2, 30:5 Hart's [1] - 14:9 Haugen [43] - 2:6, 2:8, 3:4, 3:11, 4:7, 4:21, 9:2, 9:11, 10:10, 10:13, 11:7, 11:8, 12:15, 12:19, 13:4, 13:17, 13:20, 13:22, 14:11, 15:8, 16:22, 17:8, 18:16, 18:21, 19:11, 21:6, 21:18, 21:25, 22:18, 23:18, 23:23, 24:17, 28:23, 28:24, 30:2, 31:14, 31:17, 31:25, 34:23, 35:15, 35:19, 36:8, 36:19 HAUGEN [74] - 1:5, 3:2, 3:6, 3:24, 4:11, 4:17, 5:3, 5:9, 5:12, 5:15, 5:25, 6:4, 6:7, 7:7, 9:3, 10:8, 10:22, 11:2, 11:22, 12:14, 12:17, 14:14, 14:20, 15:22, 16:1, 16:9, 17:6, 17:13, 17:16, 17:20, 17:23, 18:5, 18:9, 18:20, 18:24, 19:3, 19:6, 19:9, 19:18, 19:24, 20:2, 20:6, 20:10, 20:14, 20:20, 21:16, 22:1, 22:8, 22:20, 23:3, 23:9, 23:19, 23:22, 24:1, 24:6, 24:8, 24:13, 24:16, 24:21, 24:24, 29:6, 29:10, 29:15, 29:18, 29:24, 30:4, 35:2, 35:6, 35:9, 36:1, 36:22, 37:3, 37:9, 37:14 hear [1] - 14:21 heard [2] - 6:10, 11:6 hearing [16] - 1:13, 3:10, 11:11, 11:12, 11:13, 11:14, 11:20, 11:21, 12:9, 12:10, 13:4, 13:9, 15:4, 15:11, 24:10, 34:13 heart [1] - 37:10 hearts [1] - 8:22 Hep [2] - 18:10, 18:11 hereby [2] - 13:19, 38:4 hereunto [1] - 38:15 herself [1] - 6:21 himself [3] - 6:21, 7:1, 34:12 Hold [1] - 28:7 holds [1] - 31:11 Honor [48] - 3:2, 3:24, 4:4, 4:11, 4:18, 5:4, 5:9, 6:8, 7:7, 7:8, 7:22, 8:14, 8:16, 9:7, 10:8, 11:3, 12:14, 14:23, 15:24, 16:10, 17:16, 17:20, 18:6, 19:6, 19:19, 19:24, 20:3, 20:14, 20:16, 20:20, 21:16, 22:8, 23:9, 23:20, 26:3, 28:11, 28:19, 29:15, 29:25, 30:4, 31:3, 31:8, 36:7, 36:23, 37:4, 37:8, 37:14 Honorable [2] - 1:13, 38:9 honoring [1] - 37:16 hope [1] - 5:16 hopes [1] - 27:21 hoping [1] - 26:7 huggers [1] - 7:16 hypocrisy [2] - 25:5, 28:8
E
early [1] - 12:22 earth [1] - 10:19 economy [1] - 27:8 educated [1] - 30:14 education [1] - 27:9 effect [1] - 19:8 effective [1] - 28:15 elbows [1] - 30:23 engage [1] - 34:9 English [4] - 17:15, 17:19, 31:18, 31:19 enhancing [1] - 18:5 ensure [1] - 13:10 entire [1] - 30:24 entitled [2] - 1:12, 23:6 equal [2] - 25:10, 28:4 error [2] - 25:23, 25:24 et [4] - 21:4, 22:14 Europe [2] - 12:1, 12:4 evidentiary [1] - 15:11 evolving [1] - 30:10 examined [1] - 12:1 example [1] - 26:13 except [1] - 14:9 exchange [1] - 31:16 exchanged [1] - 33:9 Excuse [1] - 26:1 excuse [2] - 11:24, 30:13 execute [2] - 15:9, 33:5 executed [1] - 34:14 execution [11] - 17:4, 19:16, 19:22, 20:13, 24:4, 32:9, 34:3, 34:24, 35:16, 36:11, 36:16 exercise [1] - 33:6 exist [1] - 28:2 expect [1] - 16:13 expense [9] - 22:2, 22:6, 23:4, 23:7, 23:16, 23:19, 24:13, 25:7, 32:14 expenses [2] - 22:10, 22:12 experience [1] - 25:1 expert [2] - 11:15, 11:16 experts [1] - 10:25 explanation [1] - 28:5
F
facade [1] - 25:6 Face [1] - 26:21 fact [3] - 16:21, 25:10, 31:15 facts [2] - 14:1, 14:7 failed [2] - 25:5, 28:17 fair [1] - 9:13 fairest [1] - 10:19 faith [4] - 7:24, 26:6, 29:1, 37:15 fall [1] - 26:8 families [2] - 8:20, 30:24 farce [1] - 27:22 Faretta [4] - 11:11, 11:13, 12:9, 13:4 fast [1] - 26:1 favor [1] - 15:23 favorable [1] - 25:13 faxed [1] - 6:15 federal [8] - 21:24, 22:13, 23:1, 23:14, 23:15, 32:17, 32:25, 33:2 Federal [2] - 23:12, 32:24 fees [1] - 27:3 feet [2] - 26:16, 26:18 felt [1] - 10:18 fetal [1] - 15:14 few [2] - 29:5, 30:6 fighting [1] - 31:3 file [7] - 4:1, 21:19, 22:23, 23:11, 32:11, 32:16, 32:23 filed [7] - 5:22, 10:13, 10:18, 12:5, 15:2, 15:9, 16:2 filing [2] - 3:16, 5:22 filings [2] - 3:13, 16:3 final [2] - 21:19, 22:23 findings [3] - 30:3, 31:15 fine [1] - 37:3 finish [3] - 4:19, 10:10, 11:4 Fire [1] - 3:25 First [1] - 12:18 first [3] - 3:11, 4:14, 13:23
G
gallon [1] - 27:10 game [1] - 8:10 Gary [4] - 2:6, 2:8, 28:23, 35:15 GARY [1] - 1:5 gas [1] - 27:10 gentlemen [1] - 5:20 girl [2] - 26:16, 26:19 given [2] - 28:22, 29:20 God's [1] - 35:24 Goody [9] - 2:8, 4:15, 6:15, 9:8, 10:24, 12:25, 15:12, 29:23, 33:7 GOODY [12] - 9:7, 9:9, 9:18, 9:20, 9:24, 10:2, 10:11, 11:5, 11:23, 14:23, 15:1, 15:6 granddaddy [1] - 17:7 granted [1] - 21:10 gravity [2] - 8:1, 8:3 greed [1] - 28:16 ground [1] - 14:24 Guimond [2] - 1:14, 38:10 guy [1] - 31:1 guys [7] - 14:15, 26:24, 30:11, 30:12, 30:19, 37:9
I
I-5 [1] - 26:22 ideological [2] - 7:15, 25:19 ignore [1] - 25:20 II [1] - 1:11 illness [2] - 18:8, 31:23 imbalances [1] 27:12 immediately [1] - 17:1 impaired [1] - 31:21 impairment [1] - 33:10 impartiality [1] - 6:22 important [3] - 14:13, 16:12, 24:18 IN [2] - 1:1, 38:15 Inc [1] - 1:22 incidentally [1] - 9:15 including [1] - 18:16
H
habeas [4] - 22:14,
4
inclusive [1] - 38:12 incompetent [2] 15:9, 15:16 incorrect [1] - 12:25 independently [1] 7:1 indicated [2] - 15:15, 29:11 indicates [1] - 13:8 indicating [1] - 36:11 indigent [1] - 26:5 individual [1] - 25:18 informed [1] - 11:17 informing [1] - 12:11 initiate [1] - 24:6 input [1] - 20:15 inquire [2] - 13:10, 27:23 inquiry [1] - 11:7 insert [1] - 34:19 insulting [1] - 17:10 intelligence [1] 17:11 intelligent [1] - 8:11 intend [1] - 23:23 interacting [1] - 31:4 interruptions [1] 8:15 interview [1] - 26:17 involved [2] - 8:17, 25:25 involving [1] - 3:8 irresponsible [1] 27:14 issuance [1] - 32:8 issue [1] - 19:21 issues [2] - 9:10, 15:13 IT [1] - 1:12 28:4, 37:16 justification [1] - 28:6 justify [4] - 25:15, 25:18, 26:13, 28:6 35:25 likelihood [1] - 4:22 line [4] - 27:1, 27:6, 28:3, 30:9 lines [1] - 27:18 lips [1] - 15:4 loggers [1] - 7:18 look [1] - 16:6 looked [3] - 27:12, 27:13, 36:12 lost [2] - 26:5, 28:25 luck [2] - 35:25, 37:19 lunches [1] - 22:17 24:10, 34:7 minute [1] - 16:4 Miss [1] - 26:1 modify [1] - 36:16 moment [1] - 24:22 money [5] - 22:15, 27:5, 28:18 monitor [1] - 18:13 months [2] - 12:20, 19:17 mood [1] - 17:24 morning [3] - 3:4, 13:16, 29:21 motion [9] - 4:2, 6:13, 7:3, 9:15, 10:12, 10:17, 13:1, 13:23, 15:9 motions [6] - 8:7, 10:13, 10:14, 12:19, 12:23, 15:2 move [4] - 14:11, 16:7, 17:2, 22:19 MR [94] - 3:2, 3:6, 3:24, 4:11, 4:17, 4:18, 5:3, 5:9, 5:12, 5:15, 5:25, 6:4, 6:7, 6:11, 7:6, 7:7, 9:3, 9:7, 9:9, 9:18, 9:20, 9:24, 10:2, 10:8, 10:11, 10:22, 11:2, 11:5, 11:22, 11:23, 12:14, 12:17, 14:14, 14:20, 14:23, 15:1, 15:6, 15:22, 16:1, 16:9, 17:6, 17:13, 17:16, 17:20, 17:23, 18:5, 18:9, 18:20, 18:24, 19:3, 19:6, 19:9, 19:18, 19:24, 20:2, 20:6, 20:10, 20:14, 20:20, 21:16, 22:1, 22:8, 22:20, 23:3, 23:9, 23:19, 23:22, 24:1, 24:6, 24:8, 24:13, 24:16, 24:21, 24:24, 29:6, 29:10, 29:15, 29:18, 29:24, 30:4, 34:21, 35:2, 35:3, 35:6, 35:9, 35:10, 35:13, 36:1, 36:7, 36:22, 37:3, 37:8, 37:9, 37:14 murder [4] - 18:23, 19:1, 32:1, 32:2 murderer [1] - 26:14 mutants [1] - 27:17
N
nature [2] - 26:10, 31:20 necessarily [1] - 4:13 need [11] - 4:9, 6:14, 8:12, 8:23, 8:24, 9:8, 9:9, 9:10, 11:20, 18:17, 28:16 nephew's [1] - 21:2 Neurontin [1] - 17:23 never [2] - 5:25, 19:10 New [1] - 12:4 next [1] - 31:3 none [1] - 28:22 normally [1] - 5:6 Northwest [1] - 1:22 Norwegian [1] - 17:6 noted [1] - 12:13 notes [1] - 38:11 Nothing [1] - 15:14 nothing [3] - 7:23, 14:5, 16:1 Novick [1] - 15:13 number [1] - 24:25 numerous [1] - 16:19
K
keep [1] - 4:22 keeping [1] - 28:18 Keith [1] - 2:8 Keizer [1] - 22:16 kicked [1] - 18:11 kids [2] - 22:17, 28:7 kill [1] - 7:17 killed [1] - 26:20 Killer [1] - 26:22 killers [1] - 27:6 kind [2] - 24:21, 24:24 Klonopin [1] - 17:24 knowing [4] - 4:9, 13:11, 13:14, 31:8 knowingly [1] - 19:14 knowledge [2] 28:13, 38:13 knuckles [1] - 29:24
M
main [3] - 27:1, 27:6, 27:18 man [2] - 31:2, 37:11 mandatory [1] - 6:25 manipulating [3] 10:21, 10:23, 10:25 manner [2] - 8:12, 33:11 MARION [2] - 1:1, 38:3 Marion [4] - 1:15, 2:2, 2:4, 38:16 marked [1] - 3:17 Matasar [1] - 6:19 math [1] - 27:2 matter [2] - 1:12, 11:10 McCarty [1] - 38:4 MCCARTY [2] - 1:22, 38:22 mean [3] - 7:23, 15:1, 35:23 Meaning [1] - 24:6 means [2] - 18:10, 37:16 media [1] - 26:17 Medicaid [1] - 27:9 Medicare [1] - 27:10 medication [3] 17:24, 31:21, 33:14 medications [2] 17:22, 18:1 men [1] - 30:13 mental [3] - 18:8, 31:23, 33:9 mentioned [2] - 27:5, 27:17 mercy [1] - 28:21 method [1] - 10:20 might [2] - 21:1, 22:25 millions [7] - 27:4, 27:11, 27:25, 28:14, 28:15 mind [3] - 16:25,
L
language [5] - 6:25, 17:15, 17:19, 31:18, 31:19 languages [1] - 17:17 Larry [1] - 6:19 last [3] - 16:4, 29:5, 29:19 latest [1] - 35:6 Law [2] - 2:6, 2:8 law [11] - 9:16, 11:10, 17:11, 21:24, 23:1, 23:14, 25:11, 31:16, 32:18, 32:25, 34:25 lawyers [3] - 3:20, 9:14, 11:15 least [6] - 3:14, 11:7, 14:6, 20:8, 25:1, 33:4 left [2] - 12:3, 30:16 legal [9] - 4:23, 4:24, 13:20, 23:24, 24:3, 24:5, 33:21, 34:10, 36:25 legally [1] - 34:13 Leroy [1] - 31:1 letter [2] - 3:17, 3:19 Lezak [2] - 11:25, 12:5 lie [2] - 28:8, 28:18 lied [1] - 28:14 life [3] - 25:24, 31:12,
O
object [1] - 10:9 objection [1] - 4:2 objects [1] - 9:14 obligation [1] - 7:1 obligatory [1] - 6:25 occasions [1] - 16:19 occur [3] - 17:5, 17:7, 34:4 occurred [1] - 29:21 Odin [1] - 36:2 OF [7] - 1:1, 1:1, 1:2, 1:11, 38:1, 38:3 offend [1] - 35:23 offended [1] - 35:22 office [1] - 34:17 official [1] - 38:5 old [2] - 17:6, 30:11 older [2] - 30:13 once [1] - 3:3 One [1] - 6:17 one [9] - 3:14, 10:4, 10:22, 11:23, 11:25, 16:17, 19:9, 31:7, 37:1 ones [1] - 21:12 oOo [1] - 2:15 Open [1] - 27:24 operated [1] - 10:4 operating [2] - 14:17,
J
joint [1] - 26:4 Joseph [2] - 1:14, 38:9 JR [2] - 6:20, 7:2 Judge [9] - 6:13, 6:23, 7:3, 8:8, 11:6, 14:2, 14:9, 16:24, 30:5 judge [5] - 6:20, 6:25, 10:19, 14:2, 14:6 judge's [1] - 6:22 judgment [1] - 36:14 judicial [2] - 28:9, 29:1 Judicial [1] - 38:5 July [5] - 20:18, 21:2, 21:14, 34:22, 35:4 jury [1] - 35:21 justice [4] - 25:6, 26:6,
5
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Q
questioned [1] - 6:22 questions [11] - 16:7, 16:15, 16:23, 17:9, 17:12, 18:3, 19:13, 19:15, 29:5, 30:7 quote [1] - 14:4
P
Pages [1] - 38:11 paid [1] - 27:4 pains [1] - 17:25 Pardon [1] - 9:18 part [1] - 16:23 particular [1] - 21:11 passed [1] - 25:6 passing [1] - 25:22 pedestal [1] - 30:18 penalty [2] - 26:11, 26:23 penitentiary [1] - 26:4 people [7] - 7:14, 8:2, 21:3, 24:25, 27:22, 28:12, 31:11 permitted [1] - 11:15 person [4] - 10:19, 12:1, 29:16, 33:24 person's [1] - 25:24 personally [1] - 20:20 Personally [1] - 28:2 perspective [1] - 8:4 petition [10] - 21:20, 21:23, 22:23, 22:25, 23:11, 23:12, 32:11, 32:15, 32:23, 32:24 philosophy [1] - 30:20 physical [3] - 18:8, 31:23, 33:10 pick [1] - 21:11 place [3] - 24:4, 34:25,
S
sacrifice [3] - 25:4, 26:8, 27:19 sacrificing [1] - 28:12 sad [2] - 7:10, 7:21 safe [1] - 27:16 Salem [2] - 1:15, 38:16 Sam [1] - 22:16 sane [1] - 34:14 saved [1] - 27:25 schedule [1] - 15:10 scheduled [2] - 19:16, 36:17 scheme [1] - 26:11 School [1] - 22:16 school [1] - 30:11 se [5] - 3:22, 4:5, 11:8, 11:20, 12:8 sealed [1] - 15:4 see [3] - 3:6, 21:13, 31:10 seem [1] - 29:19 selective [1] - 28:16 semi [1] - 21:1 sentence [26] - 19:8, 21:21, 21:25, 23:2, 23:14, 23:25, 24:3, 24:11, 24:20, 29:12, 29:13, 29:17, 29:22, 32:6, 32:12, 32:19,
R
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6
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U
ultimate [1] - 15:3 Ultimately [1] - 15:22 unambiguous [1] 13:6 unavailable [1] - 12:2 unaware [1] - 13:1 under [10] - 7:2, 9:13, 11:13, 21:24, 23:1, 23:13, 28:2, 32:17, 32:25, 34:24 United [4] - 11:13, 21:22, 25:21, 32:12 up [6] - 7:20, 9:4, 16:18, 17:4, 30:11, 30:15 urgent [1] - 3:18 utmost [1] - 7:24
V
vaginas [1] - 30:23 values [1] - 30:21 vindictive [1] - 26:10 violations [1] - 25:22 virtually [1] - 17:4 voluntarily [2] - 13:11, 19:14 voluntary [4] - 6:6, 6:8, 13:12, 13:14 vs [2] - 1:4, 36:8
Y
years [9] - 12:21, 12:22, 22:22, 26:3, 28:20, 30:5, 30:20, 31:3 Years [1] - 27:3 yesterday [1] - 9:21 York [1] - 12:4 yourself [4] - 3:22, 5:6, 5:20, 7:2
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WA [1] - 38:23 waive [4] - 4:8, 13:8, 13:17, 19:15 waiver [3] - 4:10, 13:11, 13:13 wants [1] - 10:21 Ward [1] - 26:15 warrant [14] - 3:10, 8:18, 13:9, 15:4, 19:21, 20:17, 22:11,
T
tax [1] - 27:23 taxpayers' [3] - 24:13,

Response To Haugen Objection

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Response To Haugen Objection

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June 20, 2011 02:21 PM

Hon. Joseph C. Guimond

Motion to Recuse Based on Appearance of Fairness

IN THE CIRCUIT COURT FOR THE STATE OF OREGON

FOR THE COUNTY OF MARION STATE OF OREGON, Plaintiff,

Case No. 04C46224 Honorable Joseph C. Guimond AFFIDAVIT OF DENNIS BALSKE

v. GARY HAUGEN, Defendant. STATE OF OREGON County of Multnomah

v. Lawhead, Case No. 03C-21079, before Judge Joseph C. Guimond.

/f day of May, 20 11.

1 1 day of May, 2011.

~ o t aPublic for Oregon r~ My Commission Expires:

Case No. 04C46224 Honorable Joseph C. Guimond AFFIDAVIT OF Lawrence Matasar

day of May, 201 1.

Lawrence Matasar SUBSRIBED AND SWORN to before me this

Notary Public for Oregon ~ . My ~omrnission x ~ i r e s :,

Case No. 04C46224

(May 18, 2011, 9:27 a.m.)

THE COURT: Mr. Hanson. MR. HANSON:

Good morning, Your Honor.

19 Mr. Goody are both here. 20 21 you doing? 22 23

1 allow that, okay? 2 3

8 people here watching all this stuff. 9 10 11 here. 12 okay? 13

14 that was filed yesterday? 15 16

20 me about my opinion, Your Honor -21 22 23 fiasco? 24

Thank you, Your Honor. THE COURT: Remember we have a court

25 reporter, so we stop talking long enough to let her

1 catch up. 2 3 4 yourself? 5 6

7 problem giving you both up.

Do you have a copy of

15 Guimond's chambers and have it photocopied there? 16

I think it's important that he ought to

23 that if you are not clear-headed -- you have one? 24 25

-- then they have to act on your behalf.

14 record here -15

We'll get a chance for the record.

17 I'm inquiring of Mr. Haugen at this point, okay? 18

25 understand, but I'm just making the record.

14 taken care of.

The question is really going to be --

23 need some readers? 24 25 definitely.

THE COURT: MR. HAUGEN:

3 read it, Your Honor. 4 5 6 7

8 is scanning this as best I can trying to glean certain 9 points of concern. 10

MR. HAUGEN: THE COURT:

23 comfortable with Judge Guimond.

1 with Judge Guimond at all. 2

3 I think he is very -- he has the tools. 4 competent, in my opinion. 5

And I feel that at this particular

This is -- by statute this is My right, you know,

9 my time to make a choice.

10 constitutional, statutory, and a God-given right of 11 free will to choose. 12

13 more -- I need to make a record -14 15 Mr. Goody. 16 down. 17

Do you want to be held in contempt?

18 understand that you want to act on his behalf.

23 be able to timely make the record -24 25

5 objection is it's just relevant -- relevancy.

11 determination on his capabilities. 12

13 life on death row, okay?

1 use a drink right now. 2

6 you completely, Your Honor.

And I appreciate you

13 feel that they're doing everything they can to -- like 14 a woman.