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I. A.C.

Ineffective Assistance of Counsel

The Tim Ring American Injustice website is dedicated to exposing the government's documented corruption in its case against Tim Ring. Part of that corruption includes the government courts and their appointment of known ineffective counsel to represent Ring.

 

 

At Ring's arraignment, the Maricopa County Attorney's Office, represented by MCAO prosecutor Alfred Fenzel, announced its intent to seek the death penalty against Ring and his two codefendants. None of the three had counsel present during this hearing. Judge Ronald Reinstein directly questioned Ring about his finances in the presence of police and prosecutors, violating his invocation of his right to speak to counsel prior to answering any questions.

 

 

Part of MCAO's scheme was to steal everything Ring owned, forcing him to rely on court appointed counsel. Creating this type of financial duress is a standard corruption tactic used by prosecutors. MCAO also filed motions to seize under RICO any money Ring might obtain in order to retain lawyers who weren't on the government's payroll.

 

 

RICO is a government acronym for Racketeering Influenced Corrupt Organization and is also Spanish for "rich" or "riches." RICO laws were originally designed to allow the government to seize the drug profits from cartels based in Colombia and Mexico, but those laws have been expanded over time to allow the government to essentially steal at will from anyone. The government's abuse of RICO seizure laws is a national problem that is known to motivate police corruption and has been well documented by the ACLU and other government watchdog organizations.

 

 

MCAO and GPD spent three days in Ring's home, loading U-Haul trucks with everything Ring owned, including family heirlooms and other keepsakes that obviously had little or no monetary value. They also cut holes in the walls and damaged or destroyed every room in the house. Current laws shield the government from liability for any damage done during searches, which police exploit at every opportunity.

 

 

Ring was held without bail in Arizona's notorious Maricopa County Madison Street Jail, infamous for its abuse of pre-trial detainees, some of whom never left alive. Jail staff were also known for violating detainees' rights to privileged communication with counsel and for accessing or destroying detainees' legal case files during searches of their cells.

 

 

Ring's court appointed counsel was attorney Greg Clark. Jail visitation records reveal that during the 20 months between Ring's arrest and his trial, Clark spent a total of only 138 minutes with him in preparation for a death penalty trial. Clark made no effort to investigate the case or obtain and review any of the documents, records, or recordings needed to properly defend Ring at trial.

* See: HOME, to view Tim Ring's "Last Will" video, and, MCAO EVIDENCE TAMPERING.

 

 

The investigation done for this website included a review of public records held by the Arizona State Bar Association. The records reveal that Greg Clark was already under investigation by the State Bar for misconduct when he was appointed to represent Ring in his capital murder case.

 

 

The misconduct being investigated included Clark's failure to interview any of the State's witnesses and cross-examine two State's witnesses, and a failure to investigate, present favorable evidence, or call any witnesses on behalf of his client. The Court of Appeals reversed the consequence of Clark's failures in that case after ruling that Clark had rendered ineffective assistance of counsel. On December 2, 1997, the Arizona Supreme Court only censured Clark for his complete failure as a lawyer, just 34 days after Ring had been sentenced to death as a result of Clark's ineffective assistance of counsel in his case.

 

 

Clark's pattern of incompetence and misconduct continued for years, with Clark receiving another censure on June 28, 2001. Clark's misconduct in that case was further exacerbated by a cited failure to cooperate with the State Bar investigation. Despite this, the Arizona Supreme Court cited a cooperative attitude as a mitigating factor in deciding Clark's punishment. * See: Arizona State Bar record, Bar No. 009431, File No. 98-2060.

 

 

In 2012, Ring testified at his Rule 32 Post-Conviction Relief evidentiary hearing in support of the claims raised, which included Clark's failure to consult with Ring prior to trial, failure to investigate Ring's claims of alibi and sources of income, and a failure to have ballistics testing done which later definitively disproved the prosecution's trial theory and arguments. Clark had also failed to review any of the wiretap recordings, including those used by MCAO Fenzel as trial exhibits. In 2008, a review of all the wiretap recordings found that MCAO and Glendale Police Detective Tom Clayton had edited their wiretap trial exhibits to exclude evidence of Ring's actual innocence and lied about it during trial. Clark had also failed to discover or use any of the wiretaps that disproved every other MCAO trial argument. Clark had also failed to prepare Ring for his trial testimony. Clark had told Ring it would not be necessary for him to testify, but then Clark changed his mind in court after the likewise unprepared testimony of Ring's wife went poorly. Clark was so unprepared for trial that he had then advised Tim Ring to respond with lengthy answers in order to allow Clark time to formulate his next question.

 

 

Judge Robert Duber II found Clark to be competent and credible in his denials of any wrongdoing. In his ruling, Judge Duber rejected all of Ring's claims and essentially decided that Ring had no right to a fair trial because of Duber's faith in the government's assertions.

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Unknown to Ring during the 2012 evidentiary hearing was his Rule 32 PCR counsel's own ineffectiveness for failing to find and present any of the available proof of Clark's patterns of failure to investigate and misconduct in other cases, located in the Arizona State Bar records now being presented by this website.

* See: Arizona State Bar records below.

 

 

Clark continued his pattern of ineffective representation and failures to investigate and misconduct in the years that followed. In 2017, Clark was suspended from the practice of law for 60 days after being found guilty of misconduct in three separate cases while representing clients in their criminal matters. In 2019, Clark was suspended for 6 months and a day for yet more misconduct, and he continued to represent a client while suspended. * See: Arizona State Bar record, Bar No. 009431, PDJ 2019-9096.

 

 

Finally, in 2021, Clark was disbarred TWICE in two separate court orders for three more cases of misconduct, obstructing the Arizona State Bar investigation, providing false financial records to investigators, and showing indifference to making restitution. Clark was also ordered to pay over $11,000 in penalties and fees. * See: Arizona State Bar records, Bar No. 009431, File No. 20-1011/PDJ No. 2021-9032, and File Nos. 20-1493 and 20-1622/PDJ No. 2021-9048.

 

 

The 6th Amendment of the U.S. Constitution guarantees the right to legal counsel when the government attacks. That counsel must be competent in the defense of the client. Ineffective assistance of counsel requires convictions to be overturned, yet Arizona's courts routinely ignore these laws.

 

 

Tim Ring has spent nearly 30 years in prison for a crime he didn't commit and was never allowed to properly defend himself against, because Arizona's government courts do not follow any laws that interfere with the government's agenda... even when that agenda is to imprison or kill innocent Americans.

 

 

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