A cesspool of Judicial Corruption

NINETEEN the plot thickens

The office door was wide open and Affiant could clearly hear Gunderson speaking to Nancy Cook. Affiant heard the approximate statements listed below made by Gunderson in the course of this phone call:

(i) "So you're saying he has to come in. But he has a problem with that."

(ii) "I know. I understand, but he obviously does not understand how things work,"

(iii) "I'll have to explain to him that his effort will be unsupported and will not be considered evidence without his corroboration."

(iv) "What will be needed?" Pause. "No. no, I mean, what exactly are they going to need him to verify?"

(v) Gunderson then apparently wrote down on a yellow legal pad the information given to hint by "Nancy Cook" (See Item 5).

(vi) Shortly thereafter. the conversation ended.

(5) Later that same day, Affiant was placing several letters on Gunderson's desk in the dining room alcove for his signature, and Affiant saw numerous phrases written in Gunderson's handwriting on a yellow legal pad on Gunderson's deck.

(a) At the top of the page was written the names J.C. Harding on the left side of the page and Nancy Cook on the right side of the page. Below these names was a list of statements.

(i) "Keep it simple."

(ii) "Don't be elaborate" (The word "elaborate" was misspelled). "(iii) "Be consistent."

(iv) "Be confident."

(v) "Corroborate every statement". The word "corroborate" was misspelled.

(6) Affiant later became aware that there were other items written on the page behind this front page, but Affiant did not see the items. Affiant is aware of further written material on the second and third pages, because at the time Gunderson was speaking to J.C. Harding about his interview/testimony. Gunderson used the legal pad and turned several pages as he read the items to Harding (See Items–(10) and (11) (c).) Affiant noticed that the name "Nancy Cook" was written on a yellow POST-IT placed by the telephone handset on the desk, and below the name was written a telephone number with the "208" Area Code. Affiant was familiar with this Area Code and knew that it was an Idaho Area Code.

This POST-IT drew Affiant's attention because Gunderson was not in the habit of writing telephone numbers on POST-ITS. Normally Gunderson wrote telephone numbers on a yellow legal pad or in his personal telephone directory.

On or about the morning of November 25, 2003, Affiant and Husband were preparing breakfast in the kitchen when the telephone rang, and May answered it. May called out Nancy Cook's name so Gunderson could hear it, and he quickly picked up the telephone handset on his desk. Affiant inadvertently overheard the Gunderson side of a telephone conversation between Nancy Cook and Gunderson.

(a) Gunderson made a statement the gist of which is–"I've had no luck with him. He is afraid of repercussions."

(b) After a few minutes, Gunderson said–"keep trying."

(c) "Don't worry, we'll get him."

(d) By the time the conversation ended, May was seated in the living room eating her breakfast.

Gunderson hung up the telephone and asked Affiant–"Do you know Nancy Cook?"

Affiant stated that she did not and wondered at the motivation behind the question since it originated "out-of-the-blue" without any foundation.

(7) On or about December 1, 2003, Affiant inadvertently overheard the Gunderson side of a telephone conversation between Gunderson and someone he called "J.C." Affiant was sitting in the living room with Husband along with May watching TV. Throughout this conversation, Gunderson repeatedly said the initials "J.C." to identify the caller on the other end of the phone. During much of the conversation Gunderson deliberately turned his chair away from the living room area in an attempt to muffle his voice so as to prevent the people sitting in the living room from hearing the content of his conversation. Gunderson kept looking over his shoulder to see if Affiant or Husband were listening. His mannerisms were like those of someone who is attempting to engage in a covert conversation; e.g., he spoke quietly; he turned away from the location where people were sitting, [and] he looked over his shoulder repeatedly.

Nevertheless, Affiant overheard some of the conversation and made a note of it because the content of this call revealed that Gunderson was urging someone to cooperate with the FBI. Gunderson's standard advice is to discourage this practice. During this telephone call, Gunderson made many comments and suggestions, which are stated below (not necessarily in the same order as delivered over the phone),

(a) "J.C., it is my considered opinion you need to cooperate with the FBI all you can. I can help you with that."

(b) "He won't know that it was you."

(c) "They protect those who assist them."

(d) "You may not have to do anything more!"

(e) "Listen, the truth is the truth; what do you have to be afraid of?"

(f) Sometime during this conversation, Affiant went into the back office to work, and Gunderson came to the back office door and stated that because he was going to be smoking his cigar, and that his closing of the door was so that the smoke would not irritate Affiant.

(8) On or about December 2 or 8, 2003, Affiant inadvertently overheard another telephone conversation between Gunderson and J.C. while Affiant was working in Gunderson's back office with the door wide open. Since Affiant was working in the office earlier in this morning than was usual, Affiant does not believe that Gunderson knew that Affiant was in the back office working. Affiant's usual practice was not to begin working until a little later in the day (around noon). This conversation took place around 9:10 a.m. Gunderson made comments and suggestions to "J.C." listed below.

(a) "I was in the FBI for 27 years, so I know how they operate."

(b) "We've been through this before, but I'll answer any concerns you may have."

(c) Affiant's attention became focused on her work, but then she heard Gunderson speak for a few minutes on the subject of Mike Riconosciuto. who is currently in a federal prison in Massachusetts. Affiant became very interested, and her attention shifted to the phone call.

(i) Gunderson specifically told "J.C." how Riconosciuto and he had assisted the FBI in the capture of a known "hit man" in Indio, California, and how the FBI had protected this hit man (John P. Nichols, an FBI informant) who went to prison for only two or three years.

(ii) Affiant immediately noticed the discrepancy in this story that Gunderson usually tells to anyone who will listen.

Gunderson usually tells this story of how the FBI attempted to thwart Riconosciuto's and Gunderson's capture of this murderer-for-hire assassin. And in fact Gunderson usually states that the FBI inappropriately protects their informants–as in the case of Nichols, who should have been sent to prison for 25 or more years for the murder of two people but instead only went to prison for two counts of solicitation-for murder. [She said that the Indio Police Department went undercover by having a deputy wear a body mic to record the offer to hire Nichols for a hit].

(iii) Gunderson also stated to J.C. that Gunderson and Riconosciuto were responsible for assisting the FBI in protecting "their own" in 1988 when a "black ops" plan went awry. Those individuals received reduced sentences like Nichols. Again, the discrepancy in this story is that Gunderson usually states that he and Riconosciuto thwarted the FBI by "bringing down" several of the FBI's hit men in 1988.

(iv) Gunderson said–"The body mic was the only way to go. It's damaging enough to be useful. All we need now is for you to finish your part."

(v) Gunderson then stated: "I'm only giving you an example of the extent that the boys will go when protecting their own. You have nothing to worry about."

(vi) "All you need to do is your civic duty, and they'll do the rest."

(vii) "You agreed to do this. You can't back out on us now."

(viii) Gunderson then received another telephone call on the "call waiting" service and told J.C. that he had to take that call and asked J.C. to call him tomorrow, stating that he would give J.C. some tips for when you go in.

(9) On or about December 4, 2003, Affiant again inadvertently overheard another telephone conversation between Gunderson and J.C.

At this time, Affiant was in the kitchen making lunch. May was sick and stayed in her bedroom that day and consequently was unavailable to answer the telephone for Gunderson as is the usual custom. Affiant had gone into the living room to retrieve her water drinking glass, when the telephone rang. Affiant answered the phone and asked for the caller's name, whereupon he replied "J.C. Harding."

J.C. then asked–"How are you doing, May?"

Affidavit, did not answer this question. Affiant called out to Gunderson, who was sitting a few feet away at his desk.

"It's J.C. Harding," and [she] waited until Gunderson picked up the telephone handset on his desk, then Affiant left the living room and returned to the kitchen, where the phone conversation could be heard very clearly while Affiant was getting herself a glass of water and proceeded to finish making lunch for herself and Husband. Gunderson made comments and suggestions to J.C. listed below:

(a) "Well, J.C, it's up to you, but you need to do the right thing."

(b) "If you don't see it through, they may wonder about you and why you agreed to do the body mic in the first place."

(c) "The recording is not valid unless it is verified in a statement to the FBI." Pause. "That's what she said."

(d) "He's not going to find out about the body mic or who made the recording." Pause. "Even if he did find out, he won't be able to do anything about it."

(e) "Do you believe in this country or don't you?"

(f) "Now if you believe in this country, then you believe that were the good guys, and we're just trying to keep the Country from going to the dogs. My buddies are good guys like me, not like some of the others that you hear me talk about from time to time."

"He obviously thinks that being a freedom fighter gives him the authority to trample on the laws of Idaho and of this Country, without any regard for the repercussions (Affiant believes that Gunderson was referring to David Hinkson.)

(g) "I promise that they'll keep you out of it, but your statement has to be secured."

(h) "Don't worry about it. I'm doing what I can to make sure the judge doesn't bring you in,"

(i) "I know people. I'll take care of it."

(j) Gunderson received a telephone call from his daughter, Lorie, on his call waiting service and asked J.C. to call him back later.

(10) A little later that same day, December 4, 2003, Affiant completed a document that needed Gunderson's review and brought it from the back office to Gunderson, who was seated at his desk in the dining room work area. As she handed Gunderson the document, Affiant saw that Gunderson was holding a yellow legal pad, studying what was written in it.

When Gunderson saw Affiant approaching him, he quickly flipped two pages forward and placed the yellow legal pad face down on his desk. This was very unusual behavior on the part of Gunderson. Affiant believes this yellow pad was the same yellow pad on which Gunderson had taken notes and written the advice that he had received from Nancy Cook in their phone conversation of' November 23, 2003. Gunderson was in the habit of using only one legal pad at a time, and this was the only legal pad in use at this time.

(11) Approximately three hours later on that same day, December 4, 2003, Affiant was alone in the kitchen making dinner. May was still bedridden. The telephone rang, and since Gunderson was in the bathroom, Affiant answered the telephone. Again, the caller identified himself as "J.C. Harding" and asked to speak to Gunderson. At this moment, Gunderson exited the bathroom and asked who was on the phone, and Affiant said it was J.C. and then waited for Gunderson to pick up the phone handset at his desk in the dining room. Affiant then hung up the telephone in the living room and returned to the kitchen.

The gist of this conversation was a script that Gunderson was giving to J.C. Harding seemingly regarding the impending interview Gunderson was urging Harding to undergo with the FBI. The script was like a TV or movie script, supplying J.C. with specifies as to what to say to each question he would be asked. This script acted as a coaching session on what Harding was to say when giving information to the FBI.

(a) Affiant does not remember the exact wording of the entire script, but overheard Gunderson speak or make statements like or similar to: "You would say it naturally," for example, "He seemed to need to confide in someone, and I just happened to be there. He said he didn't trust anyone and would have to take care of the matter himself. Use your own words."

Affiant did not specifically hear any of the other phrases used as the script, but could ascertain from the nature of the phrases and advice given by Gunderson that he was giving J.C. a script to follow similar to the type of script or coaching that attorneys give their clients before the client takes the witness stand. Affiant believes those phrases to be used for this script were written on the second and third pages of Gunderson's legal pad–those pages Affiant had not seen but had observed Gunderson studying.

(b) Gunderson then said: "I have it on good authority, straight from the D.A.'s office, that after you make this statement your involvement will be over."

(c) "All you have to do is verify each statement that was made by Dave and you on the body mic."

(d) "Don't offer any more information than what is applicable to the tape."

(e) "Let's do a rundown of your interview. After they ask you for your personal information they'll ask you the date this conversation occurred–you tell them; then they'll ask you the time it happened, and you tell them. Then they'll ask you why you brought up the subject to Dave. And you tell them it was from a previous conversation and that you were instructed to get it recorded using a body mic."

(f) "They'll ask you who instructed you, and you tell them. Keep it simple."

Affiant walked out of the kitchen and stood in front of Gunderson's desk, because Gunderson was coughing. Affiant was in the habit of filling Gunderson's water glass when it was empty, as it was at that time. Gunderson was startled when he looked up and saw Affiant standing there. Affiant pointed silently to Gunderson's empty glass, and Gunderson handed the empty glass to her. Affiant then took it to the kitchen to refill it with water while the conversation continued.

(g) "They'll ask you what Dave said and what you replied, so you have to learn that tape. Be specific, but don't elaborate. And be consistent. They have to verify everything that's on the tape. It's as simple as that."

(h) Gunderson's chair squeaked and Affiant leaned slightly out of the kitchen doorway so that she was able to see Gunderson at his desk. Affiant noticed that Gunderson was reading from the yellow legal pad where his handwritten notes were, and that Gunderson was turning several pages as he read out loud to J.C. all that was written on the pad. Gunderson was turned away from Affiant, so the specific words he used in this script were unintelligible.

(i) Gunderson then turned back around and laid the legal pad down on his desk, then said: "When you're answering each question they ask, you must be confident. Don't show any uncertainty."

(j) Affiant returned to Gunderson's desk and handed him his glass now filled with water. He took it from her and mouthed the words "thank you", then drank deeply from the glass and set it aside. Affiant returned to the kitchen.

(k) "Don't tell them that you talked to me" [emphasis added].

(1) "Anything that's unclear will become clear after your statement. I know you'll do a good job."

(m) "Dave's arrogant and thinks he can get by with murder."

(n) "Yes, we were friends, but that's another story. I don't want to go into that. You concentrate on your duty, and we'll put Dave where he belongs–he and everyone else like him who are trying to destroy the fabric of this great Country. One by one."

(o) "Remember, don't tell them that you talked to me."

(p) "It's just better if it comes from you and no one else."

(q) Gunderson quickly ended the conversation by reassuring the caller: "You know what you have to do, and I feel sure you will do the right thing."

He then hung up.

(r) Affiant walked over to Gunderson's desk, and when he looked up at her inquiringly, she asked: "How is Dave Hinkson doing?" Gunderson replied: "Oh, that wasn't about Dave Hinkson; that was about Dave Pisnel."

NOTE: Affiant was familiar with Dave Pisnel's case (which involved real estate that Pisnel purchased in the desert and the U.S. Government had confiscated, and Affiant knew that Gunderson and Dave Pisnel were still friends; so Affiant realized that Gunderson's statement was untrue.

Affiant also knew that Gunderson was not working with the D.A.'s office in the Pisnel case. Another fact of Pienel's case is that it is located in California–not Idaho. The only other "Dave" that Affiant was aware of who was located in Idaho and who was associated with Gunderson was David Hinkson.

These statements above did not correspond with the Pisnel case. As a result, Affiant stored this conversation away for future reference and placed a mental "red flag" on it. At the time of Affiant's question to Gunderson, Affiant said nothing and returned to the kitchen to complete the preparation of dinner."

Following the above statements of fact, Jeanette Olsen presented her opinion. Her Affidavit continued:
Based upon knowledge, information and belief . . . Affiant estimates that the time spent by Gunderson on the various conversations with J.C. Harding referred to herein equaled approximately eight (8) hours total. Affiant is aware that Gunderson spends this amount of time only in unusual cases of urgency or importance. Affiant also believes that Affiant did not hear every conversation between Gunderson and J.C. Harding.

Based upon knowledge, information and belief, Affiant states:

These conversations inadvertently overheard in the course of Affiant's duties as Gunderson's assistant are the overt acts necessary for conviction showing that Gunderson with the assistance of Nancy Cook and J.C. Harding did, in fact, plan, fabricate and implement a false and fraudulent scheme or artifice to defraud David Hinkson of his Constitutional due process rights. [This was done] so that the perpetrators could wrongfully convict him of crimes he did not commit.

Affiant believes that Nancy Cook was using "vindictive prosecution" as the method to effectuate the enterprise's goal and may be the Architect of this scheme or artifice. Gunderson, Cook and Harding acting in concert established the conspiracy agreement in which their objective as to obstruct justice, suborn perjured testimony, manufacture evidence, commit fraud and the intent to defraud, commit Fraud on the Court and Misprision of a Felony by their silence, using wire fraud as essential elements of this criminal enterprise to falsely convict David Hinkson.

Due to Affiant's clear observation as a witness of these crimes, Affiant believes that Ted Gunderson, Nancy Cook and J.C. Harding by their acts and actions did in fact form a criminal enterprise in order to fulfill their objective to vindictively prosecute David Hinkson for crimes that he did not commit.

Two reasons can explain these acts by the perpetrators. They are

(1) to have David Hinkson drop his civil law suit against Cook and others for their long train of wrongful acts and actions against him; and

(2) there exists the possibility of great financial enrichment for each of the participants when they achieve their goal of convicting Hinkson and dividing up his assets. Affiant believes that as a direct and proximate result of the perpetrators" unlawful acts and actions David Hinkson is now incarcerated awaiting trial on trumped up charges that he did not commit."

Which part of the plan worked and for how long? But the landscape is changing.