Wednesday, December 9, 2015

Nevada Hearsay


          Clark County, Nevada District Attorney Steven B. Wolfson says he is creating a special unit to investigate wrongfully conviction.  I hope D. A. Wolfson investigates Steven Crain’s wrongful conviction.

          Steven Crain’s Nevada state court conviction and/or sentence are unconstitutional, in violation of NRS 51.385 (Hearsay).  Clark County, Nevada District Court Case No. 00C166673.

          The Clark County District Attorney’s office relied on hearsay (NRS 51.385(2)(c)).  LaGina Hyman had incentive to lie so as to please her vindictive mother (Regina Hyman) and so that LaGina would not get spanked.  On Page 78, of the Court transcripts, LaGina Hyman stated that if she lies her mother (Regina) whoops her (LaGina). 

          On Page 52 (Lines 17 – 23, inclusive) Regina Hyman states “Gina (referring to her daughter (LaGina) has never really told me (referring to Regina) exactly how it occurred or when it occurred or where it occurred.”  Given that, how is it that the Clark County District Attorney’s office prosecuted Steven Crain, thereby destroying Mr. Crain’s life, and tarnishing Mr. Crain’s good name and reputation?

          LaGina Hyman also stated her mom (Regina Hyman) also told her what to say.  See Page 78, Lines 22 – 25, inclusive.

          Clark County Deputy District Attorney Mary Kay Holthus and Las Vegas Police Detectives Jon Scott and Kevin Morgenstern also coached LaGina and Regina Hyman as to what to say regarding Steven Crain.

          On Page 58 (Line 21 – 25, inclusive) and continuing to Line 1 - 4 (inclusive) of Page 59, of the transcripts, LaGina Hyman admitted to not knowing the difference between the truth and telling a lie.

          On Page 64, LaGina Hyman twice admitted that she did not see Steven Crain in the courtroom, despite the fact that she had a clear view of the courtroom and Steven Crain was seated at the Defendant’s table.  How is it that LaGina Hyman, who had prior seen Steven Crain cannot recognize him in the courtroom?

          Steven Crain’s Habeas Corpus Case stems from an alleged attempted lewdness crime that allegedly took place on January 30, 2000.  The alleged victim was a minor (LaGina Hyman).  LaGina Hyman’s mother (Regina Hyman) falsely filed a police report against Steven Crain, as a way to retaliate against Steven Crain, since Mr. Crain would not baby-sit for Regina Hyman’s daughter for free.  Additionally, Regina Hyman admits in the 2000 Court transcripts that she (Regina Hyman) has a history of filing false police reports against men who do no give her things or do thing for free for her.  Incidentally, it must be also noted that the Clark County District Attorney’s Office gave Regina Hyman immunity from her multiple drug charges as well as paid her money to knowingly file this false police report against Steven Crain and to calculatingly provide perjured testimony against actually innocent Steven Crain.  At the time of the 2000 case, the Clark County District Attorney never mentioned that their office had a policy of paying moneys to alleged victims for perjured testimony.  This policy was recently disclosed.

          On February 2, 2000, LaGina Hyman was examined by Sunrise Medical Center (Las Vegas, Nevada) Dr. Marc Conner.  Just like Mr. Crain was coerced/pressure/conned into sign an Alford Plea, so was Dr. Conner coerced/pressured/forced by Las Vegas Detective Jon Scott by Detective Scott telling Dr. Conner the we (Las Vegas Metropolitan Police Department and the Clark County District Attorney’s office) do not have a case against Steven Crain, unless Dr. Conner writes/states that LaGina Hyman was sexual assaulted.  Talk about tampering with evidence, a witness, a potential witness.

          On Pages 184 and 185 of the Preliminary Hearing Report, dated May 8, 2000, it says that Dr. Conner said that there was no recent trauma to LaGina Hyman’s vaginal area, Dr. Conner says that LaGina Hyman has vaginitis.

          On Page 172 of the Hearing Report, Detective Scott shows his (Scott) discrimination/bias against Steven Crain, because Detective Scott does not like sex offender and/or those accused of sex offenses and that is what Steven Crain was being charged with.  Detective Scott’s bias contaminated his (Scott) report and Detective Scott even admits to leading Regina Hyman and LaGina Hyman what to say in their statement, just like Detective Scott did to Dr. Conner.  Detective Scott admits that all of the interrogation was not taped, allegedly because the recorder was not working.  One has to wonder if Detective Scott’s bias played a part in why the full interrogation was not recorded.

          Additionally, on Page 178 of the Hearing Report, Judge Douglas Smith states “I guess for the record, I remember Gina (referring to LaGina Hyman) saying that her (LaGina) pinky entered her (LaGina) vagina.”  It must be noted that LaGina Hyman had vaginitis which itches and therefore LaGina Hyman put her own finger in that region to scratch it.

          Throughout the transcripts, LaGina Hyman could not remember which room, the alleged incident happened, where Steven Crain was on the day the alleged incident happened, and that her (LaGina) mother (Regina) had motive to put her (LaGina) up to making these allegation.  The fact is no crime was committed.  The fact is Regina Hyman was angry, vindictive, and retaliatory (18 USC 1513) against Steven Crain, since Steven Crain refused to continue to baby sit for Regina Hyman’s daughters for free.

          Regina Hyman admitted she has a history of filing false sex/lewdness charges against men who don’t give her things and/or do things for her for free, in Nevada and California.  See Page 51 of the Transcripts from the Preliminary Hearing (April 19, 2000 at 9 a.m.).

          Additionally, Mr. Crain should never have been prosecuted by the Clark County District Attorney’s office, since even according to Dr. Conner’s reports, LaGina Hyman actually suffered from vaginitis and that there were no signs of recent trauma.  And because of the itchiness, caused by vaginitis, LaGina Hyman even admitted to the Judge that she had scratched that area, with her own fingers.  Even LaGina’s mother Regina testified that LaGina had a rash (vaginitis).  LVMPD Detectives Jon Scott and Kevin Morgenstern told Dr. Conner that they (LVMPD and D. A.) don’t have a case against Steven Crain, unless Dr. Conner writes that a sex crime took place and not vaginitis.

          Mr. Crain wants this court to also know that LVMPD Detective Kevin Morgenstern has lied in other cases as well.  One in particular was the William Sites case. Early in his handling of the criminal case against William Sites, Metro Detective Kevin Morgenstern suggested to Michelle Perkins that she call her mother's husband (William Sites) and tell him (William Sites), falsely, that they had found the remains of William Site’s wife (Jan Sites).  Michelle Perkins mother is Jan Sites.

          During the April 19, 2000 hearing, Judge Douglas Smith did not allow Tony Liker (Steven Crain’s then attorney) to question Regina Hyman about her drug charges, while Regina was on the witness stand, since Regina’s testimony/answers/statements would discredit Regina’s character and credibility, and show an abundants of lies/perjury committed by Regina Hyman against Steven Crain.

          It also needs to be known that the Clark County, Nevada District Attorney’s office did not disclose the fact that they (D. A.) gave Regina Hyman immunity from her pending drug charges, if they (Regina and LaGina Hyman) would knowingly provide perjured testimony against actually innocent Steven Crain.  The immunity deal also included dropping all drug charges (possession controlled substance marijuana with intent to sell) against Regina Hyman, despite the overwhelming amount of physical evidence (PKG 1, Item 1 – 7.5 grams NIK positive marijuana, PKG 2, Item 2 -3 – 185.9 grams NIK positive marijuana and 161 grams positive marijuana, PKG 3, Item 4 – Baggie containing numerous marijuana roaches Gram scale, PKG 4, Item 5 – Misc. paperwork).  See Las Vegas Metropolitan Police Department Arrest Report Event #000322-2385 ID #1559203, date of arrest 3-12-00, time of arrest 2130.

          Recently, (year 2015) it has come to light, that the Clark County District Attorney’s office had a secret policy of paying alleged victims money (ranging from several hundreds of dollars to many thousands of dollars).  This has been going on for more than 20 years.  The Clark County District Attorney will not disclose how much money they gave Regina Hyman.  See Clark County District Court Case No. 14-A-711233-W.  See NRCP Rules 59(a)(4) and 60(b)(2).

          To show the extent of lies that Regina Hyman will tell, in order to get free money,  Regina Hyman even filed to get money from Hurricane Katrina Aid Page, despite the fact that Regina Hyman did not live in that area.  This information was discovered by a friend of Steven Crain.

          Lastly, in the year 2006, when Steven Crain was ordered by the Nevada Parole and Probation and appointed therapists to take three polygraph tests, Steven Crain passed all three, thus showing that Steven Crain is innocent.  Said polygraph tests were administered by a retired Las Vegas Police Detective.  Despite the fact of those result, and even given the fact that current District Attorney Steven Wolfson is fully aware of Mr. Crain’s innocence, no one has lifted a finger to officially declare Steven Crain innocent.  Mr.  Crain passed a fourth polygraph in 2014.