Introduction

How? That's what people keep asking our team when we tell Randy's story. How did this happen to Randy?

 

At the center of Randy's story is his Dallas defense attorney Colleen Dunbar. Colleen Dunbar has been practicing law for 40 years. You cannot truly grasp the injustices the permeate Randy's case, without understanding how attorney Dunbar was instrumental in facilitating the injustices. We cannot emphasize enough her role; she was absolutely key. Simply put, if one were to swap out attorney Dunbar with a different attorney, the injustices that played out here would not exist. It is as simple as that. To be sure, we are not nitpicking about small decisions because we are blessed with hindsight. Our focus is on fundamental issues at strike at the heart of the fairness of the U.S. system of justice. When the accused does not have an advocate in his corner to act as a buffer between the federal government and himself, the government steamrolls him (with impunity). It is important that people see with their own eyes attorney Dunbar's shocking conduct.

 

For context: from day one, Randy denied the accusations against him; and from day one, without any evidence to support her view attorney Dunbar dismissed everything he said as a lie, his own defense attorney. What's shocking about this is, it's commonplace for law enforcement and prosecutors to be dismissive of the accused's denials, but for a defense attorney to adopt this stance without first seeing any evidence, is outrageous. It's a terrifying thought, actually; and it tainted the entire proceedings, as attorney Dunbar was impervious to anything that came out of her client's mouth. Dunbar was very much the fourth government law enforcement agent during the May 22 meeting.  Significantly, when Dunbar pushed (more like dragged) Randy to meet with government law enforcement agents (which predated federal charges), Dunbar had not viewed a single piece of physical evidence against Randy, nor had she viewed a single witness interview – in fact, she had not even cracked the case file. She knew nothing about the case or the so-called evidence against her client – absolutely nothing. Unbelievably, without anything concrete she simply took law enforcement at their word – over her client's vehement denials.

 

More than that, with respect to the so-called evidence against Randy, attorney Dunbar was lost during the interview, as is obvious from the transcripts. She was confused and had no idea what the government agents were basing their accusations on – e.g. she didn't know who the government witnesses where, what their statements were, if they were corroborated or uncorroborated, if their accusations were undermined by other evidence or statements, or if they had changed their stories. When we say that she knew nothing – we mean that she knew absolutely nothing about the case against Randy. She jumped in law enforcement's boat and, as you will see, spent the entire meeting wagging a finger at her client, scolding him for not being honest; and attacking him when he refused to deliver what they all wanted to hear.

 

We get it – if someone is accused of something and there is concrete evidence of his guilt (he was captured on video doing a controlled by or caught with drugs), then the writing is on the wall; and in such a scenario it only makes sense to endeavor to get the best deal possible. But that situation couldn't be further from the facts at hand: a case devoid of a single piece of evidence, a case wherein there is compelling evidence that corroborates Randy's story, and a suspect who adamantly denies the accusations and who has not been federally indicted.

 

For an attorney to blindly push forward and make him confess to crimes before she even crack the case file, well, that is not mere incompetence; it's sinister. It screams injustice. It is, quite simply, inconceivable.

 

With that said, let us rephrase that more emphatically: without looking at a single piece of evidence or reading a single witness interview report, a criminal defense attorney automatically dismissed her client as a liar, delivered to law enforcement's doorstep her client, browbeat him, called him a liar, helped law enforcement coerce him by making him believe his confessions were protected under an immunity agreement, and when he continued to deny the accusations, she called him a liar and attacked him; meanwhile, in the case file was overwhelming evidence that corroborated her client's incessant cries of innocence and sharply undermined the government's accusations, if not destroyed them altogether – and after her client was milked dry under the promise of immunity, the government used information gleaned solely from the meeting; and when Randy had the audacity to ask about the promise of immunity, the government casually blew him off, taking the stance, "Promise? What promise?"

 

It is difficult to imagine anything more perversely unfair than this. How would you feel if you were accused of a crime and your defense attorney called you a liar and harassed you – without seeing a single piece of evidence against you or bothering to even read the case file? You would probably feel outraged. We implore you to keep this in mind as you read the following transcripts, as it only compounds the gross injustice that is Randy's needlessly harsh and punitive prison sentence.

 

That said, in the following pages we will walk you through an interview with government law enforcement agents. To get an idea of how devious the government was in this case, all you have to do is read the transcript. To that end, during the interview attorney Dunbar and the government agents repeatedly explain and constantly remind Randy that he can confess to crimes without consequence given there is an immunity deal that protects his confessions. This turned out to be a brazen lie. The government used information it learned solely from the meeting, and when Randy dared to speak up, he was attacked.

 

To be sure, this is not a legitimate investigative technique. In this context, the U.S. Courts of Appeal have denounced the government using a false promise to milk information from a defendant, only to pull the rug out from underneath him by using the very information against him that it used the false promise to induce: "The failure of the Government to fulfill its promise...affects the fairness, integrity, and public reputation of judicial proceedings." (U.S. v. Harper 5th Cir. Court of Appeals.) This is called coercion – textbook coercion. Usually, there is a defense attorney to put a stop to such flagrant coercion. Not here. Here the defense attorney joined the party, as you will see with your own eyes. To that end, if the government will flout the law by illegally lying and tricking a suspect to garner information, what won't it do?

 

This was just the beginning of the government's shady and unprincipled tactics, as the government later manipulated the evidence in Randy's Presentence Investigation Report. 

 

Their game is to employ as many devious, underhanded tactics as possible, to cut as many corners as they can, to push the envelope as far as possible without getting their hand slapped by the courts, to cheat, to lie, to manipulate – whatever they need to do, to get the desired result, is what they will do – at all costs.  In this case, the defense attorney was a wolf in sheep's clothing.

 

In any event, the following transcript really capture attorney Dunbar's mindset as well as demonstrate just how adamantly and consistently Randy denied the accusations. In our humble opinion, the story these transcripts tell, are central to the larger story that is Randy's Story.

 

Don't take our word; read it  yourself.

 

1. The Interview with Government Agents: despite being (falsely) promised immunity for his confessions, Randy maintains his innocence.

 

GOVERNMENT AGENT: Here's the gist of it, Buddy. There's an ongoing investigation. 

GOVERNMENT AGENT: The stuff [crimes and other criminal conduct] we don't have on you, that's what we're going to use against you. The stuff that we don't have on you and you throw on the table today, we won't use it against you. [I'm sure you attorney Colleen Dunbar was explained that to you].

RANDY: Yes, sir.

GOVERNMENT AGENT: The main thing is accepting responsibility and by you being here, I think you're there. 

GOVERNMENT AGENT: I will tell you this. I know other investigators throughout the state of Texas that do want to talk to you. You are tied into two or three investigations. 

 

Nobody else ever talked to Randy or ever tried to talk to him.

 

RANDY: Really?

GOVERNMENT AGENT: I know you can get dope [methamphetamine] and that's why we're here, plain and simple.

 

The agents remind Randy that he can confess without consequence because of an immunity agreement, which turned out to be a lie.

 

GOVERNMENT AGENT: And like George [one of the other government agents at the meeting] said, if you were a party to it short of murder, you know, what we learn new in here, you know, then you don't have to worry about that as long as we hear it in here. And we don't find it from other sources.

 

GOVERNMENT AGENT: Okay. So, you're telling me that the largest amount of [methamphetamine] you've ever bought is 1 ounce?

RANDY: Yes, sir.

GOVERNMENT AGENT: You're absolutely positive about that?

RANDY: Absolutely positive.

GOVERNMENT AGENT: I know there was a lot of dope coming out of your [photography] studio when you was on McKinney [Avenue], okay? A lot of dope. You had people in and out. I know more than you think I do and for you to sit here and tell me  –  

RANDY: I was not.

GOVERNMENT AGENT: Who's the biggest drug supplier you know?

RANDY: Um, I'm going to say a guy named Anthony.

 

After the meeting starts to stall, attorney Dunbar tries to pull out of Randy information.

 

ATTORNEY DUNBAR: They run out [of methamphetamine] and they need some more and you connect them?

RANDY: I'm not really not connected. I [buy small amounts of methamphetamine].

GOVERNMENT AGENT: Let's get to the point where the dope [methamphetamine] started transferring back and forth [between Randy and Melinda Neal] or whatever. Who starts supplying who?

RANDY: I bought from here a couple times.

RANDY: I mean, it was not on any kind of regular ongoing basis. 

GOVERNMENT AGENT: Okay. How many times has she bought from you? 

RANDY: I don't know that she's [ever bought from me]  –  [interrupted by a government agent].

ATTORNEY DUNBAR: It's very conceivable they've already talked to Melinda. So you go ahead and be honest.

RANDY: I bought from her two months ago.

ATTORNEY DUNBAR: How much? An ounce?

RANDY: I bought a sixteenth. I mean, I don't buy big amounts.

GOVERNMENT AGENT: Randy, Melinda was slinging dope.

RANDY: I'm telling you.

GOVERNMENT AGENT: Listen to me.

RANDY: I'm not her source.

GOVERNMENT AGENT: Okay, listen, Brother.

RANDY: I'm not her source.

GOVERNMENT AGENT: I mean, you can sit there all day long.

RANDY: I'm not her source.

GOVERNMENT AGENT: You've got a golden opportunity.

RANDY: I understand that but  – [interrupted by a government agent].

 

2. Randy continues to deny the accusations which starts to frustrate the government agents – as well as his own attorney.

 

GOVERNMENT AGENT: No, I don't think you do.

RANDY: I  –  [interrupted by a government agent].

GOVERNMENT AGENT: I'm sorry. I don't mean to get mad at you but I drove two hours for this.

 

Before the meeting Randy stressed repeatedly that he didn't have substantial information for the government agents and that the accusations were false. Attorney Dunbar ignored him and dragged him to the meeting, despite his position.

 

RANDY: Right. I  –  [interrupted by a government agent].

GOVERNMENT AGENT: Ninety percent of this information we already know.

ATTORNEY DUNBAR: They already know. 

RANDY: Well, I mean, I  –  [interrupted by a government agent].

ATTORNEY DUNBAR: I mean, it's like your protecting people. Don't protect them.

RANDY: Right now  –  [interrupted by a government agent].

RANDY: I know that Lewis Olivares was [Melinda Neal's] main [methamphetamine] source.

GOVERNMENT AGENT: I can't  –  well, I don't care about anything else. We cannot move forward if you're going to sit here and [keep telling me that you did not sell Melinda Neal large amounts of methamphetamine].

GOVERNMENT AGENT: If you can honestly sit here and tell me that.

RANDY: I can sit here and tell you that.

GOVERNMENT AGENT: You've never supplied an ounce of dope to Melinda Neal for her to give to somebody else?

RANDY: No.

GOVERNMENT AGENT: Never?

RANDY: Never.

ATTORNEY DUNBAR: Because that's what she's saying. 

 

Given attorney Dunbar had not reviewed the case file, which includes all the interviews with witnesses, attorney Dunbar was speculating about everything; that is, she was lost. Despite her role as a defense attorney, she had no idea what kind of evidence the government had against her client or who the witnesses were or who said what, nor did she have the faintest idea as to the integrity of such evidence. This prompted the government agent to correct attorney Dunbar:

 

GOVERNMENT AGENT: Well, that's not necessarily her.

GOVERNMENT AGENT: So how many times have you sold Melinda Neal [methamphetamine]?

 

Randy yet against explained that the nature of his relationship with Neal (a relationship based on drug use), reiterating that they would hang-out, socialize, and use methamphetamine together, basically sharing the drugs. 

 

RANDY: No. We  – really we just smoked [methamphetamine] together.

GOVERNMENT AGENT: I am not [lying]  –  I have not provided  –  [interrupted by a government agent].

ATTORNEY DUNBAR: Okay. Because apparently they know things that you're just not offering up about your relationship [with Melinda Neal].

RANDY: Basically, I liked her...but as far as me providing meth for her in large amounts, that didn't happen.

GOVERNMENT AGENT: Had Clint Chenault ever came to Dallas to score dope from you?

RANDY: No. I've seen him in Dallas.

GOVERNMENT AGENT: Where at?

RANDY: At Melinda Neal's apartment.

GOVERNMENT AGENT: What about John [Moore]?

ATTORNEY DUNBAR: Was he buying dope from her?

GOVERNMENT AGENT: Because Melinda came and got it from you?

RANDY: No.

GOVERNMENT AGENT: The dope didn't come from you?

RANDY: No.

GOVERNMENT AGENT: Okay.

GOVERNMENT AGENT: So you've never dealt one on one with John Moore?

RANDY: No.

GOVERNMENT AGENT: That's his name, by the way, John Moore.

ATTORNEY DUNBAR: John Moore?

 

Interestingly, the centerpiece of the government's case was the vague accusations John Moore made, during a jailhouse interview, about "a guy named Randy." Attorney Dunbar certainly had not reviewed the case file, as she didn't even know who John Moore was – the case against Randy lived or died on the word of John Moore. Again, given attorney Dunbar had not reviewed the case file, including all the interviews with more than 20 suspects, she had no idea who the government witnesses where, what they said, if it was corroborated, if it was undermined by other evidence, or if the witness was credible. Attorney Dunbar knew absolutely nothing but what law enforcement told her – that her client was drug trafficker.

 

Randy steadfastly denies the accusations but is never confronted with any evidence.

 

After the meeting had been going on awhile, the agents try a different approach. A common theme is the agents never provide any specific evidence – it's always vague and unsupported.

 

GOVERNMENT AGENT: A lot of these [people suspected of drug distribution] know your name, know your address?

 

This, too, was a lie. Investigative reports conclusively demonstrate even when shown a map, the witness couldn't point out where Randy's photography studio was.

 

GOVERNMENT AGENT: Does that surprise you?

RANDY: It does. 

GOVERNMENT AGENT: What about Possum [R. Routon]? Have you ever sold any dope to [Routon]?

RANDY: No.

ATTORNEY DUNBAR: Did you give him any dope?

RANDY: No.

GOVERNMENT AGENT: Has [Routon] ever received any dope that came from you through anybody else?

RANDY: [No].

GOVERNMENT AGENT: Has Possum ever been to your [photography] studio?

RANDY: [No].

GOVERNMENT AGENT: Okay. So you never supplied dope to Melinda Neal and Melinda Neal supplied dope to these people?

RANDY: I  –  [Interrupted by a government agents].

RANDY: No.

GOVERNMENT AGENT: She never got an eight-ball of methamphetamine from you to give to Routon?

RANDY: No.

GOVERNMENT AGENT: You guys were pretty close, Randy.

RANDY: Yeah, we were pretty close and we smoked [methamphetamine together]  –  [interrupted by a government agent].

GOVERNMENT AGENT: Has she ever said who her best customer was?

RANDY: No.

GOVERNMENT AGENT: Bro, you're sitting there trying to protect Melinda [Neal].

RANDY: I  –  [Interrupted by attorney Dunbar].

ATTORNEY DUNBAR: Don't protect her.

RANDY: I really didn't delve into that. She was very private  –  [interrupted by a government agent].

GOVERNMENT AGENT: Yeah, but you liked her.

RANDY: I liked her but  –  [interrupted by a government agent].

GOVERNMENT AGENT: You liked her.

RANDY: She's like  – [interrupted by a government agent].

RANDY: Yeah. But, you know, come to find out, there was  – she was very private and so – [interrupted by a government agent].

ATTORNEY DUNBAR: So why are you protecting her?

RANDY: I'm not  – [interrupted by attorney Dunbar].

ATTORNEY DUNBAR: Randy, you spent a lot of time with [with her].

RANDY: I spent a lot of time with her and  – [interrupted by attorney Dunbar].

RANDY: I'm telling you. [I would hang out with her and then she would flip and go cold].

GOVERNMENT AGENT: Was she bipolar?

 

GOVERNMENT AGENT: Because what I'm getting from you right now, there's really not much you can do for yourself. I mean, there's nobody  –

RANDY: I know, right.

RANDY: I mean, that's  –  I'm not really....I don't know what else I'm really attached to all this because I'm not  –  [interrupted by a government agent].

 

Again, before the meeting Randy told attorney Dunbar he had nothing to give, as he was a low-level addict, not a big-time connected drug trafficker.

 

GOVERNMENT AGENT: Well, I'm going to say something to you and I hope you're not sitting there trying to  –  I hope you're being honest and you're not trying to minimize your role on how much dope you've done because I  –  before we even started this, I told you there was a very strong possibility that we were taking you Federally. So I hope you're not trying to minimize this so we'll try to take you State....

RANDY: That's not the case. I  –  honestly, I  –  it was a huge surprise when I heard that I had been [suspected of a federal drug trafficking charge]. I  –  [interrupted by a government agent].

GOVERNMENT AGENT: Well, how  –  why would you be surprised on that? I mean you're  –  you dealt dope.

RANDY: Well, I didn't really [deal dope]. [I was a user] –

GOVERNMENT AGENT: Yeah, but you've been involved in dope.

RANDY: But I really just used  –  [interrupted by a government agent].

GOVERNMENT AGENT: People from Graham [Texas] are coming to your address to pick up dope [from Melinda Neal].

ATTORNEY DUNBAR: Uh-huh. 

 

Throughout the interview, when law enforcement would confront Randy with a vague accusations, Dunbar always joined them. She never questioned them or asked for specific information. She would just sit there and say, "Uh-huh. They know, Randy. They know everything. Stop lying." Meanwhile, in the case file is a treasure trove of exculpatory evidence that corroborates Randy's story.

 

3. To prove to Randy they know he’s a drug trafficker, the government agents make up a fictional story and Randy’s own attorney effectively calls him a liar.

 

RANDY: Um – I didn't ask [them to].

GOVERNMENT AGENT: That's just one group. That's not even counting the other investigations you're tied to. [You're are tied to several other investigation that involve other people].

ATTORNEY DUNBAR: Uh-huh. 

 

Once again, rather than ask for something concrete, Dunbar joints the government agents, egging them on. Again, no other law enforcement agency ever tried to question or contact Randy.

 

GOVERNMENT AGENT: Now, your little conspiracy that you're involved in is about 30 to 33  –  32 people.

RANDY: I don't know those people.

ATTORNEY DUNBAR: Randy. You don't have to know any of them but  –

GOVERNMENT AGENT: I've only got to have you tied to Melinda [Neal].

ATTORNEY DUNBAR: Yeah, one. 

GOVERNMENT AGENT: I'm going to give you words of wisdom and I guarantee you that [attorney] Colleen [Dunbar] is going to give you a couple more wisdom when you leave here today.

ATTORNEY DUNBAR: I'm going to jump his butt.

 

After the meeting, Randy sent attorney Dunbar a letter, incredulous. Randy was stunned by her behavior.

 

GOVERNMENT AGENT: It's not like [attorney] Dunbar is going to go out and say, what do I have to do to get, you know, Randy off the hook and not prosecute him at all or  –  I mean, if you could give me the world, we'd have a strong possibility of maybe taking you State but there's really nothing you can do.

RANDY: I just told you what I know. I  –  [interrupted by a government agent].

GOVERNMENT AGENT: And you're telling  –  and you're at a disadvantage.

RANDY: And I don't know that many [drug dealers whom you want].

GOVERNMENT AGENT: You're not giving us anything that we don't know.

RANDY: Well, and that's probably the reason why  –  why I was here because I don't know  –  [interrupted by a government agent].

ATTORNEY DUNBAR: Randy, they know  –  they know you're more involved than what you were saying, maybe not in Graham but they know you are more involved in  –  

 

Inexplicably, attorney Dunbar was pressing Randy to confess to crimes that had nothing to do with the Graham, Texas drug distribution investigation underlying the present case. In other words, Randy's attorney speculated that he must have committed other crimes, even if they had nothing to do with the present prosecution. And he should confess to those crimes as well.

 

Finally – Randy is confronted with some kind of evidence, even if it is a figment of the agent's imagination: desperate to prove to Randy that he knew everything, one of the government agents made up a fictional story about having been in Randy's photography studio, whereupon he supposedly witnessed first-hand crimes being committed. This was not part of the case file, because it was an invention of the agent's imagination. This is called coercion. Rather than stop the coercion, attorney Dunbar cheered it on.

 

GOVERNMENT AGENT: I'm going to tell you. Your name was all over Deep Ellum [a suburb of Dallas], Brother. I can tell you right now. I know 50 people in Deep Ellum. I ain't going to tell why and I ain't going to tell you how. I've been in your [photography] studio.

RANDY: Have I met you?

GOVERNMENT AGENT: Probably.

ATTORNEY DUNBAR: Uh-huh. (emphasis added)

 

Again, each time the government agents make a vague remark or fabricate a story, defense attorney Dunbar cheers them on and wags a finger at Randy, her client. Randy is incredulous. He knows this is a lie.

 

RANDY: I  –  you don't look familiar to me.

 

When it becomes clear that the agent is making up the story, that he has never been to Randy's studio or witnessed any criminal activity, Attorney Dunbar jumps in to save the agent – that is, a defense attorney helps pull the government law enforcement agent out of his lie (to her client) so the coercion can continue:

 

ATTORNEY DUNBAR: But your studio was well-known apparently in the dope world. You and Nick told me there was a time where it was party central.

 

It's true; there was a time when Randy was using methamphetamine, smoking marijuana, and drinking alcohol, but as he emphasized time and again, that doesn't make him a drug trafficker – he's an addict, a distinction lost on his attorney.

 

4. Yet again, Attorney Dunbar and the government agents team up to make Randy believe he can confess to crimes with impunity because of an immunity agreement, which turned out to be a lie – textbook coercion.

 

Impervious to her client's incessant denials, defense attorney Dunbar, really lays it on thick – and when I say it, I mean the coercion. She teamed up with the agents to make her client believe he could confess and there's nothing the government could do about it (because he had immunity), which turned out to be a blatant lie:

 

ATTORNEY DUNBAR: And you know what? Here's what I don't think you understand, Randy. You could tell them here that you're doing pounds of it.

RANDY: I haven't done that.

ATTORNEY DUNBAR: Okay. But  –

GOVERNMENT AGENT: No, she's just giving you a for instance. Just listen to it.

ATTORNEY DUNBAR: Listen to me.

RANDY: I know.

GOVERNMENT AGENT: And here's an example. I'll throw you an example. When I interview somebody, it's like a free talk. Here's a good example  –  and I know he's recording this but this is the best thing I can do. You've got a bag of shit. You can walk over and hand it to me and there's nothing I can do about it.

RANDY: Right.

GOVERNMENT AGENT: I've got to take that bag of shit. So its a free talk is what it is. I had a guy one time just put 60, 70 kilos on himself which I didn't know about which I can't use against him  –

ATTORNEY DUNBAR: Right, exactly. 

GOVERNMENT AGENT:  – but his –  but the problem is he wanted to be forthright and be honest and he knew that we would find out from other people.

ATTORNEY DUNBAR: That's right.

GOVERNMENT AGENT: Obviously you guys no what's going on here.

ATTORNEY DUNBAR: Uh-huh.

 

Later, when Randy brought up the promise that anything he said was off-limits, the crafty prosecutor said it was unreasonable for Randy to believe his statements were off-limits: "The transcript of the pre-indictment meeting cannot provide the basis for the alleged promise because any 'promise' was equivocal at best…." (Gov. Response to Randy's legal brief.) According to the government prosecutors, if government agents and Randy's own attorney repeatedly explain to him he can confess without consequence, it's unreasonable to think just that. This speaks to how dirty they play.

 

At any rate, Dunbar doesn't stop there; she continues to chip away at her client. At this point Randy had been denying the accusations for a couple hours. Dunbar effectively calls him a liar yet again:

 

ATTORNEY DUNBAR: From all the way back in the [photography studio on McKinney Avenue], maybe even before. I don't know how far back this goes but you know there was a lot of shit going on in those studios

 

There were more than 30 people targeted in the present prosecution, almost all out of Graham, Texas (except Randy). Since it was evident Randy was not involved in the present drug operation underlying the present prosecution, attorney Dunbar pushed him to talk about additional unrelated crimes, which she speculated he must have committed. After all, he had been partying for years, so he must be guilty of something.

 

5. After hours of Randy denying the accusations, his attorney continues to browbeat him. The angry agents threaten Randy’s family, and when the recorder is turned off – they threaten him.

 

GOVERNMENT AGENT: And I can promise you, you've seen more  –  you've had more than one ounce of dope in your hand  –  in your hands, I'll guarantee you.

RANDY: No, I haven't.

GOVERNMENT AGENT: You haven't? a – as.

RANDY: No.

ATTORNEY DUNBAR: It won't hurt you if you say that, Randy.

RANDY: I have not. (emphasis added)

ATTORNEY DUNBAR: You're credibility will go down the tubes.

 

Given there's no evidence, Randy is never confronted with evidence – just dogmatic accusations that are vague and unsupported. Like a seasoned government law enforcement agent, the defense attorney, Dunbar, digs in and relentlessly pursues the suspect – her client:

 

ATTORNEY DUNBAR: Because you know that there's [more].

ATTORNEY DUNBAR: A bunch more.

RANDY: Yeah, I've seen a bigger amount.

ATTORNEY DUNBAR: You need to tell them that.

RANDY: But I've never  –  [interrupted by a government agent]. [Randy was trying to explain that although he's seen a larger amount, he's never possessed (much less sold) such an amount].

 

Bear in mind that attorney Dunbar has not reviewed any evidence – neither physical evidence nor a single witness statement. Instead, she rejected her client's version as an outright lie, yet accepted as the absolute truth law enforcement's version.

 

What's more, after it became crystal-clear that the government agents couldn't get anything substantial out of Randy, they became nasty. Although at the beginning of the meeting the agents had said that the federal prosecutor had not decided on whom to charge federally, to play mind games with Randy one of the agents reminded Randy of his power:

 

GOVERNMENT AGENT: I was just going to wait and indict you federally, give your warrant to the [U.S.] Marshals and let Marshal just start shaking your family up.

ATTORNEY DUNBAR: Uh-huh. 

 

Have the U.S. Marshals start "shaking up" Randy's family? Randy wasn't running – he voluntarily met with the government agents and spent hours talking about his criminal conduct. But the government agent had to throw a cheap shot in to let Randy know that he could harass his 82-year-old parents (his father, a retired physician, is in poor health; his mom has her own health issues) and daughters (one is an ER Nurse with a newborn baby; the other just graduated from a makeup school).

 

As one last parting shot, after the recorder was turned off, the agent who had driven two hours for the interview slammed his notebook and screamed, "Your fucked!" He was practically foaming at the mouth. Again, defense attorney Dunbar continued to side with law enforcement, wagging her finger at her client.

 

Summary

 

After hours of questioning and accusing, neither the government agents or Randy's defense attorney ever mentioned a single piece of evidence – because, as it turns out, there wasn't any. Well, there was that one story the agent told, about having been in Randy's photography studio whereupon he witnessed first-hand a crime, but there's no record of that anywhere (because it's a lie), which is odd, because in a case with no evidence one would think if such direct evidence existed, it would be used, or would be in the case file.

 

Defense attorney didn't stop harassing Randy after the meeting. She spent months wearing Randy down, calling him a liar, and reminding him that if he didn't waive indictment he would "die in prison." Thinking there was no way out Randy eventually caved in by pleading guilty to a petty $250 drug deal, even though it was for personal use, not distribution.