1998 - June 2
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Extradition Committal Based Upon Legalized Fraud
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Phil Freytag Charges / DA's Motion to Dismiss Charges and Seal Records
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Section 12 provides a copy of the
DA's Motion to dismiss the criminal case against Phil Freytag as the
alleged co-conspirator with Harmon for extortion as also charged and
reported to the Canadian extradition proceeding. Phil's attorney, as
former Deputy DA and prosecutor for El Paso County, originally presented
his Motion to Dismiss the criminal charges, and in the preliminary
hearing, the DA's prime witness and accuser, Harmon's then wife, Dearna
Wilfred did not show up. At the second hearing the DA himself presented
the attached Motion to Dismiss the charges and ultimately seal the
record due to "insufficient evidence". This case was actually presented
in Harmon's Canadian extradition hearing on June 2, 1998 where it was
reported that Phil had already been charged and arrested as Harmon's
alleged co-conspirator. This fact was utilized as the over-riding
justification for the Canadian judge's approval of Harmon's
extradition. In fact, Phil's being charged and arrested took place 3
weeks later and then his subsequent dismissal as ordered by the DA and
sealing of the court records followed soon thereafter.
Index of PDF Documents in Case History Section 12:
Pg 1-4 People's Motion to Dismiss / Verified Petition to Seal Arrest and Criminal Records
Pg 1-2 Attorney Bill Aspinwall's legal opinion re: Extortion charge against Harmon
Questions:
- Phillip Freytag's role in this so called extortion was as a
professional family mediator to assist in working out property and
custody issues between Harmon and Dearna. With the documented last
draft of the agreement being essentially a 50/50 property settlement and
a 50/50 custody settlement, how could such an agreement, absent any
threats what-so-ever, be defined as the prime extortion evidence against
Harmon and Phil?
- By the DA's own Motion to Dismiss the charges for insufficient
evidence, it is self evident that there was no extortion, therefore why
haven't the extortion charges against Harmon been dismissed as requested
on numerous occasions by his legal counsel?
- Aspinwall's legal opinion comes from his background as former
Deputy DA and prosecutor for the El Paso County DA's office. With his
compelling opinion noted, and the charges against Phil that underpinned
the same charges against Harmon, now dismissed by the DA himself, what
motivation did the DA have to create these charges in the first place,
except to justify Harmon's bogus extradition in Canada and avoid
international embarrassment?
- What would motivate DA's Jeanne Smith and John Suthers after
this point of avoiding embarrassment with their unfounded charges to go
one giant step further and violate the International Hague Commission
Treaty by offering Harmon up to other charges in Arapahoe County and
even to the Federal Attorney? Shouldn't they all know better or were
they then and are they now arrogant enough to believe that they can get
away with anything?