Why is the proffer report not in the discovery.. My answer is this. The Proffer report was in the discovery when my attorney Phil Gibson had it. But as you know the prosecutor has always controlled my attorneys. Phil gave it back to the Prosecutor to have it changed and he did not get it back. Here is my detailed explaination.

My first two attorneys were threatened with money laundering charges. Bruce Kipps my third attorney told me he was forced by Terra Morehead to sign a contract that made him agree that he could not show me any of the discovery. He was very angry about the contract and told me he did not agree with it. He also said it made defending me very difficult.

But then he said that there was nothing in the contract that prevented me from looking over his shoulder at the discovery when he was looking the other way. "Looking over his shoulder" I saw most of the discovery he had. Including the receipt for same list in his discovery which was written in Micky Rantz hand writing. Bruce was shocked when I showed him my receipt for same list. The first thing he said was "its not even in the same hand writing!". The list has since been changed out by the prosecutor and now all the lists including the one Duma has is in Bialeks handwriting.

Phil Gibson my attorney I had before Duma, did not like Morehead, but told me he totally trusted Parker. He said he and Parker went back a long way. They had worked together in the Western District of Missouri, and he believed she was very honest and trustworthy enough to babysit his grand kids...(That is an exact quote)

He was having a hard time with our case because he was obviously trying to protect Parker. When I discovered the illegal lis Pendens Parker had placed against our property, I asked him to file a motion immediately. He filed a motion and Judge Murguia scheduled us a court date the following week, but Gibson canceled it. After that Gibson stalled repeatedly until Parker had time to file the superseding indictment, with the sole purpose of mooting our lis pendens to keep the issue out of court. Because of the conspiracy with Parker I filed a marsden motion and took it before Judge Murguia, explaining to the Judge that Gibson had a conflict of interest protecting both me and the prosecutor, and therefore I did not feel I could trust him. And the Judge dismissed Gibson as my attorney and hired Duma.

Phil Gibson had my Proffer report in his discovery. Phil was aware my discovery had been tampered with by the prosecutor and even pointed out that Alex McCaulley was only on the case to get information for the prosecutor and to file the motion to stop the speedy trial time before he withdrew. He told me that he would not give the prosecutor my discovery and that when the judge assigned a new attorney to my case that he would hand deliver the discovery to my new attorney....so how could the proffer report be missing now???

THE ANSWER:
I believe that after Phil Gibson questioned me about the proffer report he "freaked out." He told me according to the report he was under the impression Marietta Parker was present during the proffer. I told him absolutely not. I also told him about the recording I played, and he was shocked that there was no mention of that in the report either. I believe Phil gave the report back to Marietta so she could change it, because there were too many discrepancies. But he was taken off the case before he got it back from her, so now its missing from the discovery.