It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family.
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It Happened To Us - The Nick and Donna Nickerson Family
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Home / Legal / Idaho Documents - Malicious Prosecution of Jeannie Smith / Motion to Disqualify Clearwater County Prosecutors Office
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Idaho Legal Documents - Malicious Prosecution of Jeannie Smith

Motion to Disqualify Clearwater County Prosecutors Office
Filed September 16, 2020

Motion to Disqualify Clearwater County Prosecutors Office

Comes now, Defendant Jeannie K. Smith, moves this Court to disqualify the Clearwater County Prosecutors Office from prosecuting this case on behalf of the state because of their personal and professional prejudices and liabilities in this matter and with the property I was arrested at on November 12, 2020.
My arrest would not have happened if Clayne Tyler had not demonstrated bias and extreme subservience to PHH Mortgage and JPMorgan Chase by knowingly and willingly refusing to prosecute fraud and well-documented criminal acts directed at the Nickersons and their Clearwater County family ranch. These actions and inactions exhibit a willingness to be controlled by the big banks. Clayne Tyler refused and failed to provide essential checks, balances, and oversight of Clearwater County which were essential to uncover and prevent grave miscarriages of justice. He stated it did not matter what evidence was presented to him, Clearwater County was a small county and he was not going against the “big banks.”

The importance, to the public as well as to individuals suspected or accused of crimes, that these discretionary functions be exercised "with the highest degree of integrity and impartiality, and with the appearance thereof" (People v. Superior Court (Greer), supra, 19 Cal.3d at p. 267) cannot easily be overstated. The public prosecutor "`is the representative not of any ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer.'" (Id. at p. 266, quoting Berger v. United States (1935) 295 U.S. 78, 88 [79 L.Ed. 1314, 1321, 55 S.Ct. 629].)

The nature of the impartiality required of the public prosecutor follows from the prosecutor's role as representative of the People as a body, rather than as individuals. "The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of `The People' includes the defendant and his family and those who care about him. *590 It also includes the vast majority of citizens who know nothing about a particular case, but who give over to the prosecutor the authority to seek a just result in their name." (Corrigan, On Prosecutorial Ethics (1986) 13 Hastings Const.L.Q. 537, 538-539.) Thus the district attorney is expected to exercise his or her discretionary functions in the interests of the People at large, and not under the influence or control of an interested individual. (People v. Superior Court (Greer), supra, 19 Cal.3d at p. 267.) … He is not disinterested if he has, or is under the influence of others who have, an axe to grind against the defendant… Private influence, exercised through control over the prosecutor's personal or institutional concerns, is a conflict of interest…

            People v. Eubanks, 14 Cal. 4th 580, 59 Cal. Rptr. 2d 200, 927 P.2d 310 (1996)

In 2017, Sheriff Goetz identified issues of fraud and errors in the documentation and defects in the Writ of Execution requiring him to sell the Nickerson Family Ranch. He went to Clayne Tyler for counsel on how to stop the unlawful sale. Clayne Tyler threatened Sheriff Goetz with being held personally liable if he did not sell the Nickerson property and did not inform the District Court of the illegalities uncovered. Rather, he concealed the crimes and continued to pressure Sheriff Goetz to help the banks steal the Nickerson Ranch. In 2018, Sheriff Goetz approached Clayne Tyler about triple indemnity caused by the unlawful sale that was preventing the Nickersons from redeeming their property and preserving their title while fighting to reverse all adverse judgments. He asked how to postpone issuing an unlawful Sheriff’s Deed. Clayne Tyler threatened Sheriff Goetz with being fired and losing his job if he postponed or failed to issue an unlawful Sheriff’s Deed. These acts display Clayne Tyler’s willingness to hurt and prosecute an innocent victim to gain favor and protect personal interests. Further discovery will most likely show Clayne Tyler counseled Sheriff Goetz on November 12, 2019, to raid the Nickerson ranch and facilitate my arrest and personal belongings being damaged, injured, burned, thrown away, and sold without cause, right, or lawful authority.

I am gravely concerned Clayne Tyler is now trying to fabricate an unwarranted criminal history for me in hopes of putting me in jail because of his personal animosities and unfounded prejudices toward me, the Nickersons, and others who are unwilling to cower and bow to highly unethical backroom blackmail negotiations. I do not believe it is fair or just to risk my right to fair treatment during these criminal proceedings by allowing a prosecutor who has personal liability in, and has demonstrated public prejudice toward, the events that led to my arrest, and my state of mind at the arrest, to participate in prosecuting me. This only serves to protect him from due consequence, promote unlawful interests, build his large ego, and support his and the banks planned agenda, pre-determined verdict, and ongoing assault.

Clayne Tyler’s actions and willingness to issue public statements cause me to believe he thinks he must prosecute and win this case to “justify” to the community his, Sheriff Chris Goetz, and Clearwater County’s slanderous and defamatory statements and unlawful actions toward the Nickersons and their property so as to protect himself from future investigation and charges relating to official misconduct. It is also my belief Clayne Tyler is in no way seeking justice, but is rather seeking to punish and persecute me, the Nickersons, and others for standing up for property rights, due process, religious freedoms, and worldviews that support and uphold liberty and justice for all.

This motion is supported by my Affidavit of Jeannie Smith in Support of Motions and can be further supported by witnesses with personal knowledge of the facts contained herein and other evidence when I am able to secure counsel to help me present it properly.
Wherefore, I request the Clearwater County Prosecutors Office immediately be disqualified from prosecuting this case, another prosecutor be appointed, and this case, if continued, immediately be referred to the Office of Idaho Attorney General Lawrence Wasden, the Office of the Governor of the State of Idaho Brad Little, and Attorney General of the United States William Barr for proper oversight and intervention and to determine if a federal forum is more appropriate for the full, fair, and proper adjudication of this matter.

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