Leo and I back in 2016; before I was arrested for crimes I did not legally commit (2017) and had the unfortunate experience of having, now Judge, David Mistachkin assigned as my public defender.
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Hello and Welcome,
My name is Michael “Paradigm Priest” Palmer and above is a photo of my son Leo and I. (A son I have not seen since 2017 and a son who has been abused due in large part to the corruption of David Mistachkin.)
In 2017, I was charged with three crimes I did not legally commit – child molestation, child assault by strangulation and a second child assault by strangulation (GHC Cause No. 17-1-00203-1).
I should have been okay as I had strong evidence showing: legal innocence; self defense under the law for part of the allegations; lack of expected and required physical injury making the other alleged crimes impossible; previous proven false allegations of physical violence by the alleged victims and their mother including previous proven false reports to the cops and CPS; previous perjury by the mother on multiple occasions; proof of police misconduct and perjury; improper questioning of the alleged victims; strong financial motive for the alleged victims and their mother; strong personal motive for the alleged victims and their mother and strong motive for the alleged victims and their mother to cover up future planned criminal acts by getting me out of the way and unable to protect my son!!!
Further, my case should have been dismissed back in 2018 for:
- Violation of attorney-client privilege and relationship,
- Violation of CrR 3.3 Time to Trial, Speedy Trial and Justice Without Delay,
- Violation of CrR 4 .7 due to the States failing to provide full discovery.
Unfortunately, I had the misfortune of getting, then attorney, David Mistachkin as my public defender or in his case public pretender.
David Mistachkin’s Dishonorable, Unethical And Illegal Acts Against Me And My Son: (click on the links below to jump to that section then click on the section headings to return here)
Mistachkin Endangered My Son Leo,
Mistachkin Lied,
Mistachkin Committed Perjury,
Mistachkin Committed Fraud Upon The Court,
Mistachkin Suborned Perjury,
Mistachkin Broke The Law,
Mistachkin Broke The Rules Of Professional Conduct,
Mistachkin Broke His Oath Of Attorney,
Mistachkin Broke His Promise To And Betrayed His Client – ME
Mistachkin Illegally Required Indigent Clients To Pay More For A Full Defense
Mistachkin Said He Was Not Paid Enough To Defend Me,
Mistachkin Collected Plea Bounties,
Mistachkin Knowingly Failed To File For Dismissal (Part 1),
Mistachkin Knowingly Failed To File For Dismissal (Part 2),
Mistachkin Failed To Correct The Order,
Mistachkin Falsely Claimed His Disabled Client Threatened Him In Some Way,
MISTACHKIN DID IT ALL FOR POLITICAL AND FINANCIAL PROFIT!!!
Others On David Mistachkin’s Misconduct And Lack Of Ethics
Mistachkin Endangered My Son Leo
This is why I cannot forgive and will never forgive Mistachkin – I told him exactly how my son Leo would next be abused by DD, his mom, and her daughter PD and I begged him to help me protect Leo!!! Instead, he betrayed me to protect his reputation and political career to become a judge. After all, when you screw up as badly as he did and then have to dismiss a case because of your screw up, then if that information gets out your political career is toast! YOU SHOULD MAKE SURE HIS POLITICAL AND LEGAL CAREER NO LONGER EXIST!
Leo’s danger came from PD grabbing him in a sexual manner while she and he were unsupervised during baths together.
Leo’s danger also came from DD returning to drinking, which she told me she fully planned to do, and not being able to properly supervise him when she was drunk so he would get out in the street as there was no fence. Her son AD did that in Kansas where he was almost hit by a car. Plus, Leo was at risk from the very dangerous BDSM people that she allowed into her home so she could practice her extreme sadism!
Below is a section of Clerks Papers 76 a ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin, showing me begging for his help so that I could protect Leo from his sister and his mother. Mistachkin ignored it.
Leo was abused later in 2018-2019 by his alcoholic mother with the cops and CPS’s full knowledge. Leo was found wandering the streets multiple times as a three year old toddler while his mother was drunk and to add injury to insult – CPS and the cops knowingly and illegally placed him in the care of a convicted sex offender!
David Mistachkin could have prevented that simply by doing the job that he was supposed to do – be my attorney and provide a full and effective defense!!! None of that would have happened if David Mistachkin had any ethics as an attorney and about protecting vulnerable children; because, I would have been free to protect LEO!!!
David Mistachkin often presides over family court, including I believe Leo’s dependency. If Mistachkin was unwilling to take action and protect my son Leo back then, then what makes you think he will protect vulnerable kids in family court now?!?
I don’t think that David Mistachkin should be in family court at all, as either a judge or an attorney!!!
Mistachkin Lied
Mistachkin Lied
Mistachkin’s lies were too numerous to even try to list!
Below is a section of Clerks Papers 76 a ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin showing me telling him that he is a liar and showing some of where he lied!
Not only did David Mistachkin lie about the ability to get CPS records he violated decisional law that says CPS and the State were actually required To provide those records under CRR 4.7 and Brady v Maryland and its progeny!!!
Lies are a clear violation of ethics! In re Disciplinary Proceeding Against Dann, 960 P. 2d 416, 419, 136 Wash.2d 67 (1998) (“RPC 8.4(c) provides that “[it] is professional misconduct for a lawyer to … [e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Simply put, the question is whether the attorney lied. No ethical duty could be plainer.”
Mistachkin lies therefore he is unethical and should not be sitting as a judge!
Mistachkin Committed Perjury
As you review the evidence Presented below you will see that Mistachkin committed perjury in a sworn statement where he indicated three things that are provable lies :
- Mistachkin committed perjury by indicating that he had reviewed discovery which we know is a lie because if he had reviewed discovery then he would have obviously reviewed Exhibit 23: Sheriff’s Report and known who the witnesses he was seeking were.
- That he needed the name and contact information for the person that was with PD and her mother during the break which we know is a lie because not only are they in the sheriff’s report but they are also in several other pieces of discovery.
- Mistachkin committed perjury by Indicating that I requested that the state produced the contact information when the only thing I requested was the actual discovery.
Below is a section of Clerks Papers 70 ‘Motion and Affidavit to Compel Discovery’ that Mistachkin filed with the court! It clearly notes that Moustachkin was ” first duly sworn upon oath” so everything he indicates is done under oath!
Below is a section of Exhibit 23 – Sheriff’s Report Clearly showing who was at the break.
Also note that there was a second witness to the break which Mistachkin was unaware of “Rose”.
Below is a section of Exhibit 23 – Sheriff’s Report Clearly showing the full name of “Rose” who was at the break.
I would like to make note that had Mistachkin actually done his job and reviewed discovery with me which he refused to do because as he said in court ” I’m not paid enough….”, then he never would have committed perjury!
Mistachkin Committed Fraud Upon The Court
Mistachkin committed multiple acts of fraud upon the court in clear violation of both the Rules of Professional Conduct and the law.
One such fraud upon the court is based on perjury listed above, as in court Mistachkin clearly stated that there was no way for the defense to obtain the information about who was in the break. I have clearly shown that there was a way in fact several ways to know who was in that break.
One other such fraud upon the court is that Mistachkin apparently claimed that I had threatened to harm him in some way physically. I don’t know the full details of this because I was never advised as to what the actual issue was or what Mistachkin actually said as it was all handled in secret by the court and Mistachkin. The court simply allowed Mistachkin to withdraw as my attorney based whatever lies he told to the court.
I cannot present the physical evidence here at this time because I do not yet have the reports of proceedings scanned into my computer system yet; but, I will have them scanned in as I will need them for the lawsuits against Grays Harbor County and Mistachkin over the issues presented herein.
Mistachkin Suborned Perjury
Suborned perjury means that Mistachkin asked someone to lie while testifying under oath. That someone was me and what he asked me to lie about was the number of times PD had grabbed the genitals of male members of the family including me.
Below is a section of Clerks Papers 76 ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin showing me telling Mistachkin that I am not going to commit perjury to support his defense plan!
Mistachkin Broke The Law
RCW 5.60.060 (2)(a): “An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.”
Mistachkin broke the law when he wrote and signed along with deputy prosecutor Erin Riley and the also corrupt judge David Edwards. An order turning over my attorney-client privileged notes on discovery to the State! (Riley and Edwards also broke the law – knowingly and willingly!)
Below is Clerks Papers 74 ‘Discovery Order’ that Mistachkin wrote and signed illegally turning over my attorney-client privileged notes on discovery to the State (prosecution)!
Mistachkin Broke The Rules Of Professional Conduct
Rules of Professional Conduct 1.7 CONFIDENTIALITY OF INFORMATION: (a) “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, ….”
Clerks Papers 74 ‘Discovery Order’ that Mistachkin wrote and signed proves that he broke the rules of professional conduct.
In fact, Mistachkin broke a lot of the Rules of Professional Conduct , most especially RPC 8.4 MISCONDUCT listed below!!!
RPC 8.4 MISCONDUCT
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;
(f) knowingly
(1) assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law, or
(2) ….;
(g) commit a discriminatory act prohibited by state law on the basis of sex, race, age, creed, religion, color, national origin, disability, sexual orientation, gender expression, or gender identity, honorably discharged veteran or military status, or marital status, where the act of discrimination is committed in connection with the lawyer’s professional activities. In addition, it is professional misconduct to commit a discriminatory act on the basis of sexual orientation, gender expression, or gender identity if such an act would violate this rule when committed on the basis of sex, race, age, creed, religion, color, national origin, disability, honorably discharged veteran or military status, or marital status. This rule shall not limit the ability of a lawyer to accept, decline, or withdraw from the representation of a client in accordance with Rule 1.16;
(h) in representing a client, engage in conduct that is prejudicial to the administration of justice toward judges, lawyers, or LLLTs, other parties, witnesses, jurors, or court personnel or officers, that a reasonable person would interpret as manifesting prejudice or bias on the basis of
sex, race, age, creed, religion, color, national origin, disability, sexual orientation, gender expression or gender identity, honorably discharged veteran or military status, or marital status. This rule does not restrict a lawyer from representing a client by advancing material factual or legal issues or arguments;
(i) commit any act involving moral turpitude, or corruption, or any unjustified act of assault or other act that reflects disregard for the rule of law, whether the same be committed in the course of their conduct as a lawyer, or otherwise, and whether the same constitutes a felony or misdemeanor or not; and if the act constitutes a felony or misdemeanor, conviction thereof in a
criminal proceeding shall not be a condition precedent to disciplinary action, nor shall acquittal or dismissal thereof preclude the commencement of a disciplinary proceeding;
(j) ….;
(k) violate their oath as an attorney;
(l) ….;
(m) violate the Code of Judicial Conduct; or
(n) engage in conduct demonstrating unfitness to practice law.
Mistachkin Broke His Oath Of Attorney
Oath of Attorney, Section 6: “I will maintain the confidence and preserve inviolate the secrets of my client, ….”
Clerks Papers 74 ‘Discovery Order’ that Mistachkin wrote and signed proves that he broke his oath of attorney.
Mistachkin Broke His Promise And Betrayed His Client – ME
Below is a copy of a section of Mistachkin’s introductory letter to me promising not to reveal our attorney client privileged information. A promise that Mistachkin broke when he wrote and signed the discovery order shown above.
Mistachkin Illegally Required Indigent Clients To Pay More For A Full Defense
Below is a letter from another person, Jeff Butterfield, represented by David Mistachkin indicating that Mistachkin wanted $10,000 to provide a full defense. (Due to his disabilities, I wrote the letter for him based on what he told me and he signed it.)
Mistachkin Said He Was Not Paid Enough To Defend Me
Mistachkin stated “I’m not paid enough to do that.” Report of Proceeding January 26, 2018 at pg 152.
I don’t have the reports of proceedings scanned in yet so I cannot provide a copy of the actual document at this time; but, I did address the issue in several other filings which I can show you.
The following is taken from my Amended Statement of Additional Grounds which was filed with the Washington State Court of Appeals cause NO. 52362-1-II.
As I have stated before, if Mistachkin had actually reviewed that discovery with me, then I would be free and Leo would have never been abused again.
Further, Mistachkin actually had the audacity during one hearing to walk over to the prosecutions table and state ” If your boss would pay me what I’m worth I would switch over to your side.” Can you imagine sitting in court depending on someone to save your sons and your life and hearing your public defender/pretender say that? Talk about a lack of ethics!
Mistachkin Collected Plea Bounties
NOTE – Mistachkin Collected Plea Bounties is partially speculation on my part as I have not received the public disclosure request showing his bills and payments from Grays Harbor County to see if he collected the $1035 bonus. However, since his private billing rate was around $300 per hour he still had substantial financial motive to collect plea bounties.
I always wondered why Mistachkin siad he was not paid enough to review discovery with me in open court, until I saw the bills and payments to my other attorneys after I was convicted and obtained complete discovery.
In 2017 – 2018 when I was first arrested and went to trail, public defenders were normally paid $75 an hour and received a $1035 bonus for each class A felony level client they fed through the system and they were allowed up to 150 felony cases per year which is still the current standard for indigent defense.
Below a section of Clerks Papers 58 ‘Attorney Christopher Baum’s Bill’ shows that $1035 bonus payment.
Below a section of Clerks Papers 213 ‘Attorney David Arcuri’s Bill’ shows that $1035 bonus payment.
Do The Math –
Potential Hourly Annual Wage: 40 hours per week x 50 weeks per year x $75 an hour = $150,000 per year.
Potentially Yearly Bonus: 150 felony cases per year x $1035 bonus per felony case = $155,250 in yearly bonuses.
Now answer me this question – Do you really believe public defenders worked hard, fought hard and provided the best defense possible or do you believe, as I experienced, that they tried to quickly force their clients into plea bargains as quickly as possible so that they could more than double their income?!?
Mistachkin’s bill for my case does not show that $1035 charge, so I’m only speculating that he charged Grays Harbor County that $1035 for other clients like other attorneys did. There is however another possibility, based on a conversation with another client of Mistachkins who was in jail with me, David charged about $300 per hour to defend his private clients.
Below is a section of Clerks Papers 76 ‘Notice Of Ineffective Assistance Of Counsel’ that I filed against David Mistachkin showing that Mistachkin tried to push me into a plea rather than actually defend against false charges!
How many innocent people did Mistachkin send to prison because he forced them to plea out so he could make more money? Does the type of person who would do that to innocent people deserve to be a judge?!?
Mistachkin Knowingly Failed To File For Dismissal (Part One)
The State read three of my confidential-attorney client notes from the discovery after removing them from envelopes addressed to Mistachkin and took two of the larger sets of notes! Two of them were fully read right in front of me and the other was partially read in front of me.
That first attorney-client violation was actually brought up in court and Mistachkin noted that it was grounds for dismissal so everyone involved was well aware – Mistachkin, the court and the State (prosecution).
My case should have been dismissed (and still should be dismissed) under State v. Perrow, 231 P. 3d 853, 857, 156 Wash.App. 322 (2010) (“Under Cory, dismissal is the sole adequate remedy when, like here, the State intercepts privileged communications between an attorney and client. …. It is not possible to isolate the prejudice resulting from the intrusion. ….”)
In Report of Proceeding February 6, 2018 at pg 19, Mistachkin Notified the court that the intrusion into my attorney client relationship was grounds for dismissal.
I don’t have the Reports of Proceedings scanned in yet; so, I cannot provide a copy of the actual document at this time; but, I did state that in several other filings which I can show you.
Below is a section of my CrR 7 .8 motion (which never got heard because of additional corruption in the Grays Harbor County courts) showing the quote of Mistachkin’s indicating that there was grounds for dismissal and its location on the record.
Despite stating that the intrusion into the attorney-client relationship was grounds for dismissal in court and the fact that there is a lot of caselaw supporting dismissal for violation of attorney-client privileged communication, Mistachkin did not pursue dismissal!
Mistachkin knew that my case had to be dismissed; but, rather than do the right thing and file for dismissal he made up a story that I had threatened him physically to allow him to withdraw.
I believe he did this to protect his political career and a substantial gain in income from becoming a superior court judge.
Mistachkin Knowingly Failed To File For Dismissal (Part Two)
Criminal Court Rules indicate at CrR 3.3:
(b) Time for Trial.
(1) Defendant Detained in Jail. A defendant who is detained in jail shall be brought to trial
within the longer of
(i) 60 days after the commencement date specified in this rule, or
(ii) the time specified under subsection (b)(5).
(h) Dismissal With Prejudice. A charge not brought to trial within the time limit determined under this rule shall be dismissed with prejudice. …
I filed a continuance based on my being able to review discovery.
When Mistachkin, the State and the Court issued the order (Clerks Papers 74 ‘Discovery Order’) mandating that I turn over my notes on discovery to the State I was no longer able to effectively review discovery. Which violated the conditions of my continuance and made that continuance void and invalid.
Since the continuance was no longer valid I was not brought to trial within the 60 days required under CRR 3.3 and dismissal of my case was mandatory; but, Mustache and failed to file for that dismissal!
Mistachkin Failed To Correct The Order
Mistackin, the State and the Court had several opportunities to correct the illegal order – none of them did!
Mistachkin Falsely Claimed His Disabled Client Threatened Him In Some Way
I wanted Mistachkin to file for dismissal; so, I refuse to let Mistachkin withdraw as he was allegedly at the best that Gray Harbor which reflects very poorly on Grays Harbor!
The State had made my case a trophy case so dismissing my case because of his own mistakes would have been political suicide!!! Plus, Mistachkin had screwed up so badly that he could have potentially lost his license to practice law. (He still should lose that license as far as I am concerned!)
So a short time after the Court refused to allow him to withdraw and while he was supposed to investigate the attorney-client violations. I was suddenly called to Court and Mistachkin was allowed to withdraw.
I was never told why he was allowed to withdraw. I found out much later that he had alleged I threatened him. The Court never advised me of what was going on as indicated in the section of my appeal listed below. (See Court Of Appeals Division II, No. 52362-1-II.)
First off, I have extremely high and unstable blood pressure. If I had gotten into a physical fight with Mistachkin I would have endangered my own life because it would have caused my blood pressure to spike and potentially cause the stroke.
Secondly, I’m not stupid enough to get into a physical altercation with an officer of the court!
Thirdly, there exists multiple examples in case law that indicate a threat to an attorney is not a valid reason for that attorney to withdraw. The reasons for this are that there are other options available to protect an attorney’s safety including but not limited to: physical restraint in the court, taser belts, taser shirts, exclusion of the defendant from the court, distancing the defendant from the attorney or having the defendant appear via Zoom!
A criminal defendant cannot force the withdrawal of his court appointed attorney and the appointment of a new attorney simply by assaulting his present counsel during the trial. State v. Fualaau, 228 P. 3d 771, 777 (2010)
This was all some sort of cleverly planned ruse to give the court an excuse to allow Mistachkin to withdraw. It was all handled in a clandestine manner against the very rules of the court. See Code of Judicial Conduct Rule 2.9 (1)(“(A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* before that judge’s court except as follows:….
(b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.)
I was never notified of this substance of the ex-party communication or given the opportunity to respond. The Court was corrupt and broke its own laws and Mistachkin is included in that corruption and law breaking.
MISTACHKIN DID IT ALL FOR POLITICAL AND FINANCIAL PROFIT!!!
Based on the report from the Court of Appeals shown above Mistachkin was concerned about protecting his “professional reputation”. After all, you can’t get elected as a superior court judge if the truth gets out about your perjury, lies, oath breaking, law breaking, et cetera!
And as indicated above, Mistachkin was all about the money!
Others On David Mistachkin’s Misconduct And Lack Of Ethics
Do a search for “david mistachkin ethics violation” on the web (or just click the link https://www.thedailyworld.com/letters/candidates-ethics-questioned/ and you should bring up a Daily World article from October 7th 2016 wherein another Judge says Mistachkin is not ethical!
It also appears that Mistachkin has been sued for his misconduct in ‘Nocita et al v. Leal et al’; but, since he is a judge he is immune and can break the laws he pleases! See https://cases.justia.com/federal/district-courts/washington/wawdce/3:2022cv05741/314884/7/0.pdf .
There is even a petition online to remove moustachekin from working with children. See https://www.change.org/p/grays-harbor-superior-court-get-guardian-ad-litum-investigated-and-disbarred . As I have indicated above my son’s life didn’t matter to him!
The Silent Death Penalty
The price that I paid for Mistachkin’s crimes, political profiteering and financial profiteering was:
- My son was abused and endangered;
- I was convicted of crimes I did not commit thereby losing 7 years of my life; and
- While I was in prison fighting those false convictions I was subjected to the Silent Death Penalty – the murder of prisoners by the State of Washington! I survived three strokes that have left me crippled and in pain for life!!! (See SilentDeathPenalty.com after October 31st for a more complete story of what happened to me.)
- Plus, my expected life span has been significantly been reduced!