An Incompetent Defense and a Conspiracy Against Rights

In the complex and often harsh world of the legal system, the importance of competent legal representation cannot be overstated. Unfortunately, in my case—State of Arizona vs. Ewing Samuels—the very cornerstone of justice was undermined by the ineptitude and incompetence of my attorney, Dwane Cates. His ineffective assistance did not just fall short of acceptable legal standards; it actively contributed to a miscarriage of justice, supported by evidence of collusion with Lori Eidemanis and the Maricopa County Attorney Office.

Dwane Cates: A Breach of Duty

When I was accused of a crime I did not commit, I placed my trust in Dwane Cates, hoping for a robust defense that would uphold my rights and deliver justice. However, throughout the trial, it became evident that Cates failed to meet the basic obligations of his role:

  1. Lack of Preparation: From the outset, Cates demonstrated a severe lack of preparation. He failed to investigate crucial evidence that could have proven my innocence and neglected to interview key witnesses whose testimonies would have been pivotal.
  2. Inadequate Legal Strategy: His legal strategy, if it can be called that, was riddled with errors and glaring omissions. He did not file necessary motions that could have challenged the prosecution’s evidence or highlighted procedural errors, thereby failing to protect my constitutional rights.
  3. Poor Communication: Throughout the proceedings, Cates maintained poor communication with me. Important decisions were made without my input or understanding, leaving me uninformed and unable to participate meaningfully in my own defense.
  4. Criminal Conduct: Dwane Cates had personally asked me to ask JTC’s mother Alisa Michelle Hudson for him to ‘go away’ or leave the State until after the case is over when I met with him at his office on 1747 E. Morten, Suite 205. Phoenix, Arizona 85020 in 2016. I was shocked and looked at him like he lost his mind.
  5. Absolutely No Investigation Into The Facts Thereof: A simple background check into the state’s witness would have shown:

“The State’s case was built on the word of an individual, JTC, who was arrested 10 times before this case, with at least 25 Phoenix Police Department Incident reports, 5 arrest warrants, and a pending investigation into the death of Royce Emmett Walker on May 21, 2015. All concealed by Deputy County Attorney Lori Eidemanis. Dwane Cates representation is questionable all around.”

Ewing Redmond Samuels III

The State’s case was built on the word of an individual, JTC, who was arrested 10 times before this case, with at least 25 Phoenix Police Department Incident reports of residential burglary, aggravated assaults, dui, domestic violence, criminal damage, disorderly conduct, 5 arrest warrants, and a pending investigation into the death of Royce Emmett Walker on May 21, 2015. None of these items were even mentioned in trial, yet the prosecution did its best to impugn my background, even though I was never arrested nor had any criminal history prior to this so called ‘criminal case’. Dwane Cates representation is questionable all around.

“The prosecution (Deputy County Attorney Lori Eidemanis of MCAO) did its best to impugn my background, even though I was never arrested nor had any criminal history prior to this so called ‘criminal case’.”

Ewing Redmond Samuels III

The State of Arizona’s case against me was largely constructed on Detective Marchele Miller‘s report, which was rife with omissions and deliberate falsehoods. Despite possessing facts that could have demonstrated my innocence, Miller chose to suppress this crucial information, thereby distorting the narrative and fabricating evidence to fit a predetermined conclusion of guilt. Her actions not only tainted the integrity of the investigation but also played a significant role in the wrongful conviction that followed, highlighting a grave miscarriage of justice. Marchele Miller was arrestedon February 23, 2012 by the Chandler Police Department.

This report is filled of her racism, deception, propensity for dishonesty, violence, and immoral behavior.


“The Sixth Amendment right to counsel is the right to the effective assistance of counsel, and the benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.”

Strickland v. Washington, 466 U.S. 668 (1984)

Evidence of Conspiracy

What is more alarming than Cates’ incompetence is the emerging evidence suggesting a deliberate conspiracy against my rights (18 U.S.C. § 241). The records indicate that Cates did not merely fail to defend me adequately but actively collaborated with the prosecution Lori Eidemanis and the Maricopa County Attorney Office to ensure a guilty verdict:

  1. Collusion with the Prosecution: There is substantial proof that Cates engaged in backdoor communications with the State Attorney’s Office, discussing strategies that were against my interests and designed to weaken my defense.
  2. Deliberate Sabotage: Specific actions taken by Cates, such as the deliberate suppression of exculpatory evidence and failure to cross-examine key prosecution witnesses effectively, strongly imply that his ineffective assistance was not merely due to incompetence but was a part of a concerted effort to ensure my conviction.
  3. Violation of Constitutional Rights: This conspiracy against rights is a severe violation of my legal and constitutional protections. The right to effective counsel is enshrined in the Sixth Amendment, and the deliberate denial of this right constitutes a grave injustice.

“The Maricopa County Attorney’s Office has a long history of paying witnesses to testify and commit perjury, nondisclosure, and collusion with defense attorney’s, as they call it give me the case and I’ll throw you a bone here and there.”

Ewing R. Samuels III

The Path to Justice

The wrongful conviction and subsequent imprisonment were a direct result of Dwane Cates’ incompetence and the malicious collusion with the Maricopa County Attorney’s Office. This case is not just about one individual’s failure but a systemic abuse that requires accountability and redress.

Moving Forward

  1. Legal Action: I am committed to pursuing all legal avenues to overturn this unjust conviction and to hold those responsible accountable for their actions. This includes filing for post-conviction relief based on the ineffective assistance of counsel and exploring civil actions for the conspiracy against my rights.
  2. Public Awareness: Sharing my story is crucial. By exposing the details of this case, I aim to shed light on the broader issues within the justice system, advocating for reforms that will prevent others from suffering similar fates.
  3. Advocacy for Reform: My experience underscores the need for systemic changes. Advocacy for stricter oversight of legal counsel performance and greater transparency within prosecutorial conduct is essential to protect the rights of all individuals.

Conclusion

The ordeal I faced due to Dwane Cates’ incompetence and the malicious conspiracy against my rights is a stark reminder of the vulnerabilities within our legal system. My fight is not just for personal justice but for a more equitable system where such injustices cannot occur. Through continued legal action and raising public awareness, I am determined to seek justice and ensure that my case serves as a catalyst for necessary reforms.

To reiterate, these are not just Sixth Amendment violations, but are criminal violations under Federal laws. As they say, “no one is above the law”.

For more details about my case and ongoing efforts, please stay tuned as I dissect my case from beginning to present. Join me in advocating for justice and accountability.

Until Next Time…

I Am,

Ewing Redmond Samuels III

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