Commissioner Monica Wasson Ignores Sixth Amendment in Faire Case
Prosecutor Karl Sloan’s Malicious Prosecution Continues
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James Faire

By Edward Snook
Investigative Reporter

An inside look at someone who was incarcerated without being provided an attoney for over half of a year.

Spokane, WA - James Faire continues to bear the heavy burden that was placed upon him on June 19, 2015, when Okanogan County Prosecutor Karl Sloan charged Faire with the egregious charges of Murder 1 and Assault 1, along with other lesser charges. Read the investigative backstory online at US~Observer: Escaped With Their Lives then Charged with Murder.

Not only is Faire being maliciously prosecuted based on false charges, he has endured 8 months of wrongful and illegal incarceration. A key point to keep in mind is within a week of Faire's arrest, he requested a court-appointed attorney after filing for indigent status. On June 23, 2015, the court approved the order, which appointed Okanogan County Contract Indigent Defender to represent Faire. The order stated that “[t]he Contract Defender shall decide which attorney will represent the defendant, and said attorney shall promptly file a notice of appearance herein.” Attorney Nicholas Blount filed a notice of appearance and inadequately “represented Faire until he withdrew on August 18, 2015. From that date, Faire went the next six months without any counsel whatsoever until he was able to obtain private counsel in January of 2016.

Judge Christopher Culp

On February 10, 2016, James Faire's private attorney, Stephen Pidgeon filed a Writ of Habeas Corpus demanding that the court drop Faire’s charges for violating Faire's state and federally protected constitutional rights. On March 7, 2016, Judge Christopher Culp denied Faire’s Writ of Habeas Corpus, condoning the fact a Defendant can sit in jail for months and months and appear at numerous hearings without representation. In Culp’s findings of facts and conclusions of law denying Faire’s motion for a Writ of Habeas Corpus, the court found:

• “[T]hat counsel appeared with the defendant at each hearing.”

• “There is no evidence in the record, declarations, or an offer of proof, to show a loss of evidence based on the defendant’s allegations of denial of counsel.”

• “There is no evidence in the record, declarations, or an offer of proof, to show a loss of defense evidence due to the actions of counsel.”

• The court then went on to hold that “there is no basis to support the Writ of Habeas Corpus.”

The court erred in these conclusions.

Due to Judge Culp's ruling, Attorney Stephen Pidgeon filed a Motion for Discretionary Review in the Court of Appeals, Division III of the State of Washington on Monday, April 18, 2016. The state filed a timely response, and Faire filed a response on May 9, 2016.

OKANOGAN COUNTY DEFENDER CONTRACTOR'S ETHICS

Attorney Melissa MacDougall has a dual role in Okanogan County's Office of Public Defenders. She is the contract administrator [Contract Defender] for the office which provides legal services to indigent men and women. She also serves as a public defender. As the contract administrator, MacDougall is responsible for assigning public defenders to indigent men and women. According to the 2015 Status Report on Public Defense in Washington State, dated April, 2016:

“Okanogan County delivers public defense representation
through a contract system with a two-attorney law firm for coverage of
all indigent defense cases. The firm sub-contracts with
six additional attorneys for cases not handled by the firm.”

Since the report was published, the US~Observer has learned that the Contract Defender is now a one-woman office consisting of Melissa MacDougall, who hires subcontractors pursuant to private contracts. MacDougall was in conflict, as she was representing a co-defendant, Angela Nobilis, in regard to the same nexus of facts.

Previously, on August 3, 2015 Okanogan County Superior Court Judge Christopher Culp announced, in open court, that Nicholas Blount, Faire's former attorney of record, was no longer part of the county's public defender pool. Amongst the many present in the courtroom were Melissa MacDougall, public defender for Angela Nobilis, Karl Sloan, Okanogan County prosecutor and Angela Nobilis. According to court records, once Nicholas Blount's “Notice to Withdraw” was filed with the court clerk on August 18, 2015, NO OTHER ATTORNEY filed a notice of appearance until Attorney Stephen Pidgeon filed one on January 11, 2016. Melissa MacDougall had two weeks to assign new counsel to an indigent James Faire; yet on August 17, 2015, Faire was brought into the courtroom without representation, or knowledge by the Okanogan Office of Public Defense that Nicholas Blount was no longer his attorney.

In a citizen's request, Tanya Craig, Deputy Clerk to the Board of Okanogan Commissioners, stated that Nicholas Blount's contract with the public defender pool expired at the end of July 2015 and was not renewed. One has to ask the obvious questions: WHY would Melissa MacDougall assign a felony murder case to a public defender whose contract was about to expire? WHY, four days before Blount's contract expiration did he have James sign the court's paperwork setting a series of five status conferences? WHY did the court allow Nicholas Blount to withdraw from a case of this magnitude without notice. WHY did the court allow James Faire to be brought before the court without representation month after month after month?

PROSECUTOR SLOAN CONTINUES TO DECEIVE

Karl Slaon

Recently, Prosecutor Karl Sloan continued his manipulative tactics and deceived the Court of Appeals, Division III of the State of Washington in his response to the discretionary review. In Sloan's response to the motion for discretionary review, he stated the following:

"On August 17, 2015, a previously scheduled status conference was held. Attorney Melissa MacDougall appeared with the defendant."

At that time, MacDougall was Angela Nobilis’ attorney of record (Faire's co-defendant); Karl Sloan ignored this fact. Furthermore, Sloan referred to a court order signed by Okanogan County Superior Court Judge Christopher Culp dated June 23, 2015, which stated:

"The Contract Defender shall decide which attorney will represent the defendant, and said attorney shall promptly file a notice of appearance herein..."

Prosecutor Sloan maintained that James Faire had counsel because a public defender was in the courtroom with him. Sloan failed to acknowledge that a public defender did not spend time studying Faire's case or filing motions on Faire's behalf, such as a bail reduction. Sloan failed to acknowledge that, in fact, not one public defender took any action on Faire's behalf showing that there was an established working relationship between Jaimes Faire and any public defender. I maintain James Faire did not have inadequate counsel; he had NO COUNSEL WHATSOEVER. Above all, Okanogan County Prosecutor Karl Sloan apparently failed to realize that James Faire appeared in court with his co-defendant's attorney, Melissa MacDougall, and therefore being “represented” was a complete Conflict of Interest. Sloan is not this ignorant, he has simply grown accustomed to unjustly abusing defendants with no accountability whatsoever.

Commissioner Monica Wasson Ignores Sixth Amendment

Attorney Stephen Pidgeon

On June 7, 2016, Monica Wasson, commissioner for the Court of Appeals, Division III, ruled to terminate the motion for discretionary review. In response, Faire's Attorney Stephen Pidgeon, stated, “The Commissioner completely ignored the Sixth Amendment and statutory requirements that a notice of appearance must be in writing. The provisions of the Sixth Amendment render 7 months of incarceration illegal, yet the Commissioner failed to even mention the Sixth Amendment in her decision to rubber stamp Okanogan County's view of due process.” Commissioner Monica Wasson clearly demonstrated she is incapable of honoring her oath to uphold the U.S. and Washington State Constitutions by blatantly ignoring the Sixth Amendment.

On Tuesday, June 28, 2016, Attorney Pidgeon filed a “Motion to Modify Ruling” in the Court of Appeals, Division III for the State of Washington. This time around the Motion will be heard by an actual court, not a commissioner. The Court of Appeals will either uphold James Faire’s Constitutional Rights or they will cover-up for their underlings. We are informed that if they cover-up, Stephen Pidgeon will file the appeal with a higher court!

Month after month, friends and supporters of James Faire observed the despicable mockery of justice in Okanogan County. Month after month, an innocent James Faire was paraded into the courtroom, hands shackled, without legal representation. Again, Okanogan County has egregiously violated Faire's state and federally protected constitutional rights. Please help support the fight for liberty and justice for all. Legal expenses are enormous; please consider making a donation to help James Faire's growing legal expenses.

More detailed information and alternative ways to support James Faire are at the following Faire Foundation sites:
www.fairefoundation.org
www.facebook.com/FaireFoundation

Editor’s Note: Anyone with information regarding Commissioner Monica Wasson, Prosecutor Karl Sloan, his brother, Detective Kreg Sloan, Attorney Melissa MacDougall or anyone else involved in this case is urged to contact Edward Snook at 541-474-7885 or by email to editor@usobserver.com. Be responsible – help us pursue justice – help us hold out of control prosecutors and police officers accountable.

This is a continuing investigation. Previous articles which can be read online at usobserver.com include:

Escaped with Their Lives, Then Charged with Murder - The James Faire Story
The Conspiracy to Frame James Faire - The Power of 'Trust'
Turning a Blind Eye to Justice - Okanogan County Prosecutor Sloan’s Mission to Convict At All Cost
Facts Behind the Curtain - James Faire’s False Prosecution
911 Call Draws Prosecutor Into Conspiracy - Sloan Commits Federal Crime
Habeas Denied in Faire Murder Case, Ruling: No Attorney for 6 Months 'Okay'

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