Emails to and from Chelsea

On Dec 22, 2014, at 10:54 AM

I hope all is going well and you are feeling better. Here is a picture of him from baseball last year. Also I will have him go to the drs. office so he can get his medical records showing the valley fever issue as well as height and weight. He was always skinny but healthy. Lately he is depressed and angry easily and he says that he has been very forgetful. A few weeks ago, before we found you, we were frustrated with the situation and at one point he kept getting loud with me and so I told him if he didn't get away from me that I was going to kill him. He took it literally and called the cops on me, thinking I was serious, well they came to my house but I had to tell them it was a misunderstanding due to frustration. This was totally not like him to do but because of this incident he has not been the same and really needs counseling if you ask me but he says he is fine except for the forgetfulness. I know this issue has changed him, I just hope he normalizes soon. I am concerned. We are a bit of germaphobes so we only really go to the drs. office if we have to. He went to the dr. the other day for his gastrointestinal issues and ended up with the strep throat so god knows the drs. office is full of germs and you go in with one issue and end up with another. I am still waiting on the EMS report and is it possible for you to get an interview with the lady that lives in the house. I know you said something about trying to obtain an account of what happened that night from Officer Reyes, She refused but were you able to get a court order?
>
> Thanks for your time and all your help with this issue.
>
> Tara Rolleri

From Chelsea Peterson cpeterson@petersonlawaz.com
To Tara Rolleri tararolleri@aol.com
The lady has victims rights so she can refuse to be interviewed, although I will ask. As for the officers, I'm working on subpoenas to force interviews. I will be submitting an additional discovery request soon asking again for the EMT run sheets. Michael sent me phone numbers for his friends but do you think you can get him to send me their last names, addresses, and a little summary of what they know from that night? It's makes it easier to start coordinating my interviews with them and my disclosures to the state.

Thanks!

On Jan 5, 2015, at 9:06 PM, "Tara Rolleri" <tararolleri@aol.com> wrote:

Hello, Hope all finds you well.  I have found a pamphlet that Taser gives with their guns stating warnings on not recommended for use on people with low body mass index.  You will find the link below.  I didn't hear back from you today with regard to the delay for the EMS records.  I really would like to get ahold of them.  I didn't get the request in the mail today, if I get it tomorrow, they say I can fax it back but it still could take a few weeks according to the girl in billing. Just keep me apprised of what I can and cant do to help with this case. Thanks
 
https://www.taser.com/images/resources-and-legal/product-warnings/downloads/law-enforcement-warnings.pdf



From
Chelsea Peterson cpeterson@petersonlawaz.com
To Tara Rolleri tararolleri@aol.com
Thank you for the info. I am sending you some copies of requests that have been sent out for Michael's case. I saw that Joe called me but he wasn't the contact person Michael signed for me to be able to share info with on the representation agreement (but you are) so I technically can't discuss specifics with him like I can with you unless Michael sends me a quick email saying it's ok. I know it's frustrating but I have to follow the rules even though he's a parent. I've requested the PCSO departmental use of force policy and I am waiting to receive that as well. My clerk Aki (soon to be an attorney) is going to be coordinating the witness interviews and the interviews with Michael's friends. There's no particular rush on those because we have months to do our discovery. I was working on a different felony case recently but I finally got it dismissed completely so I'm plugging back into the rest of my cases. Criminal cases have strange time requirements that way. Things move very slowly for months and then they become all-consuming right at the very end. Michael's case will probably also be that way. No worries though, he's in good hands with Aki and I. 


January 7, 2015 @ 1:40pm


From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com
Hi,

I’m going go ahead and give you a call on Monday.  Keith’s mom fell and was hurt pretty badly so I’m a bit tied up with hospital/surgery stuff right now.  Thanks.

--C
January 16th 2015  @ 4:58pm
On Mar 2, 2015 2:14 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
Michael,

I have been email potential expert witnesses and I am still trying to finalize one.  I am going to submit a motion to continue the March 16th date and vacate the April trial date so we have time to get the witness lined up.  I will let you know if court on the 16th is cancelled.  Hopefully it will be so you can go on vacation with your family.  Let me know if you have any questions. 

Thanks,

C
From Tara Rolleri tararolleri@aol.comhide details
To cpeterson cpeterson@petersonlawaz.com
When I got to the hospital around 3:00 his clothes were already off and he was in a hospital gown.  They told me at that point that he soiled his clothes and they had to be cut off and thrown away.  I didn't think much of it then but obviously a problem considering the EMS people didn't state cutting his clothes off and neither did the hospital.  I guess that is something that is not report worthy???
 
Tara Rolleri  Sent January 19th 2015

From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To mmicolo10 mmicolo10@gmail.com, Tara Rolleri tararolleri@aol.com
Hi,

So a couple of things.  It took a lot of searching to find an appropriate expert witness.  I finally found one but their fee is insane ($11k +).  Because I knew there was no way to justify that expert’s fee, I called Dr. Peter Morey.  He was a psychiatrist (a medical doctor) prior to attending law school with me.  I just spent two hours meeting with him and you will definitely want to hear what he had to say.

First, he is arranging for one of the doctors that trained him after medical school to be your expert witness.  His psychiatrist friend has great credentials, would testify telephonically, and will probably charge no more than $200/hour (maybe less).  He would probably only spend 10 hours or fewer on the case.  This is an amazing favor to me and I really hope you approve his fee--we need him. 

Second, Dr. Morey caught something very important with your ER diagnosis.  You were diagnosed with several things, dehydration, renal failure, and rhabdomyolosis.  Here’s the lightening bolt revelation--rhabdomyolosis is usually the result of crush injuries and it CAUSES renal failure.  Sherwood’s excessive force may have been the cause of the renal failure.  Its entirely possible that he crushed you  and put you in life threatening medical distress.

Don’t get too excited yet, though.  Dr. Pete is going to do some research to pin down the other possible causes of rhabdo, just to make sure it wasn't something pre-existing.  Don’t bank on the crush theory until he finishes vetting the issue out.  If the ultimate finding is that it was a crush injury, I would willing to step in and handle a civil suit if that is what you would like to do.  Again, don’t get excited yet, we need to fully explore other causes of rhabdomyolosis first.  If something pre-existing caused the renal failure, we’ll just stay on track with our current defense plan.

If crushing caused the renal failure there are ramifications to your defense.  It means that this particular medical condition came after the incident so it doesn’t bear on your mental state at the time of the offense.  The upside is that we still have your severe dehydration to use for a defense.  Marijuana doesn't cause dehydration and you could have acted delirious from dehydration alone.  Dehydration takes a long time to occur so it was already affecting you before you smoked.

Finally, I want to bring Dr. Morey on-board as a consultant.  One of the things he does is mitigation consulting, which is an important part of trial preparation.  He is the best person to gather and prepare mitigation evidence like the concussion from when you were younger.  You would need to set up a separate fee agreement with him but I know he will be reasonable as a favor to me. 

I will see you Monday morning.  Have a great weekend.

--C
March 13th 2015


From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com
Hi,

This is the firm that arranged for the expert.  I’m prepaying for that service because it is absolutely critical to the case.  I will add the expense for the expert onto the cost of my fee agreement so it doesn’t change how much you pay to me each month, but it adds time to the end of our fee agreement to reimburse the cost.

The other service this firm provides is mitigation services.  They put together a formal mitigation packet for the judge to consider at sentencing, should Michael be found guilty at trial.  Mitigation is essentially all of the reasons why Michael should not receive a harsh sentence.  I would very much like to have mitigation services lined up in the event of a conviction, however, I do not front these expenses like I do for the expert.

The price and payment options for mitigation services is something you work out with Beth directly.  I don't have any control over those costs.  My suggestion is that you wait to officially retain her until we know for sure whether mitigation is needed for sentencing.  But I want you to call her to set up a price/payment plan that you could execute immediately if mitigation is in fact needed.  No sense paying for it until we know its necessary, but I do not want to see a bad outcome because we’ve failed to plan for a worst case scenario and can't get our ducks in a row in time for sentencing.

Please just call her and find out a price/payment arrangement.  Let her know you’re going wait to formally hire her until we know whether Michael has been convicted.  In the meantime I have a separate arrangement that I've prepaid for the expert testimony.  I've emailed her to explain that you will reach out to her about how much her services will cost.  You don't have to hire her at all if it is too expensive or ends up being unnecessary. 

Sent from Windows Mail
April 13 2015
From: Tara Rolleri
Sent: ‎Tuesday‎, ‎April‎ ‎14‎, ‎2015 ‎2‎:‎13‎ ‎AM
To: Chelsea Peterson

This is something of interest:

Can Kidney Failure Cause Mental Confusion

2013-04-01 09:09
can kidney failure cause mental confusionMental confusion can be a spell of kidney failure which occurs when kidneys fail to work properly. For people with kidney failure, mental confusion is one of the most serious symptoms and it makes patients unable in living normally and independently. Well then, how does kidney failure cause mental confusion at all?
How does kidney failure cause mental confusion?
Kidney failure is a medical term used to describe an illness condition in which kidneys fail to expel toxins. These toxins are produced by our body and when they build up to a certain level, they will threaten our internal organs.
For patients with kidney failure, because of high toxins in blood, their central nervous system is affected easily. With abnormal nervous sytem, they will experience various symptoms. In early stage, discomforts like fatigue, headache, dizziness and poor memory are the major clinical manifestions. At that time, if effective treatment is not given, more signs like dysphoria, muscle cramp, hallucination, mental confusion and even coma appear.
Factors that can increase kidney failure patients’ risk for mental confusion
Although high toxins in blood is the major cause of mental confusion in kidney failure, there are some other factors that may increase patient’s risk for mental problems:
1. High blood pressure: High blood pressure is a common symptoms of Chronic Kidney Failure and usually occurs in early stage. It refers to the high impact of blood on the vascular wall. Long-term high blood pressure causes cerebral vasospasm, and aggravates cerebral ischemia and cerebral anoxia and so on. This will increase the incidence of mental confusion.
2. Electrolyte disturbance: Kidneys are responsible for keeping balance of electrolyte and electrolyte disturbance will occurs when kidney failure is caused. Usually, kidney failure patients have high potassium, high sodium, high phosphorus and low calcium in blood. Serious electrolyte disturbance increase kidney failure patient’s risk for mental confusion.
3. Acid-base disturbance: Acid-base disturbance causes dysfunction of nervous system, which also can induce mental confusion.
Kidney failure can cause mental confusion directly, but not everyone with kidney failure will certainly suffer from mental confusion someday. In some cases, with effective preventive measures and timely treatment, mental problems can be prevented or avoided effectively
 
Also please note:
The McDaniel study, like much of the TASER research to date, concentrated on animal models. This has drawn some criticism from TASER detractors. Such questioning is an acceptable part of the scientific process, but it is important to remember that much of what is known and practiced in modern medicine is based on animal lab modeling.
Testing on animal models has clearly yielded important findings about the safety of TASERs. But in order to address this criticism, TASER International has sponsored research to gather data on human subjects.
A human subject study conducted by myself, J.R. Miner, and D.R. Lakireddy, "Cardiovascular and Physiologic Effects of Conducted Electrical Weapon Discharge in Resting Adults," was published in the peer-reviewed journal Academy of Emergency Medicine in mid-2006. In this study, we tested 67 consenting volunteers at a training event that required participants to be subjected to a five-second, deployed probe application of a TASER X26. (The TASER International online field use database indicates that 67 percent of deployments are for five seconds or less.)
Health histories and baseline sets of blood work and electrocardiograms were obtained from each volunteer before they received their TASER applications. Then, after the volunteers submitted to a TASER exposure, they were tested for electrocardiogram changes, blood acid levels, kidney impairment, cardiac muscle damage, and skeletal muscle damage.
What was found over the 24-hour measurement period was significant in dispelling fears that TASER devices are dangerous. There were no changes in the subjects' electrocardiogram readings and markers for blood acid, kidney impairment, or cardiac muscle damage. The only elevated levels were for skeletal muscle break-down, which was anticipated.
Breaking Down the Data
Let's take a closer look at these findings. The first test was an electrocardiogram, a tracing of the heart's inherent electrical pattern that is used to diagnose underlying heart damage or potentially dangerous rhythm patterns. One myth that surrounds TASER devices is that they can somehow cause an abnormal electrical pattern of the heart, leading to damage or death from electrocution. The fact that the electrocardiogram readings were unchanged before and after exposure serves to debunk this myth.
The next test was a measure for blood acid. One of the concerns about TASERs has been whether their use can lead to metabolic acidosis, a buildup of excess blood acid, which is known to sometimes cause death. The best example of this is the state of "excited delirium," a condition defined by the sudden onset of hyperactivity and confusion, often seen in conjunction with illicit substance abuse and/or mental illness. This study found that a five-second TASER exposure is not associated with any increase in blood acid levels.
Critics have also claimed that TASER exposure can cause kidney impairment by damaging muscle cells and clogging the kidneys with proteins released from these cells. Kidney impairment is a serious concern because it can lead to permanent disability or death, but this study appears to show that CEWs create no such problem.
 
 
So If Michael was suffering from renal failure weather it be from dehydration or other medical issues, and was confused about where he was but thought what he was doing was just knocking on his friends door, where was it justified.  It was speculated only after he was tasered that he "continuing to fight"  The officer outright lied on his report stating that he had superhuman strength but no sooner he stated that he deployed his taser multiple times and now the subject was in custody you are talking less then 30 seconds and with the second officer being on the scene when this all took place, where is her testimony. She still didn't give a statement of the incident. She states that the ambo had to pull over to re-restrain but the EMS report says the complete opposite.  How is that possible????  I cannot get accurate info on the dispatch first the dispatcher is telling the location then everyone was stating they were on their way. Then 4D43 says she I going to the hospital with the subject. A minute or so later she comes back on and says they were pulling over on Hunt and Arizona Farms, then she comes back seconds after that to say it was to re-restrain and just 30 seconds after that she said she is 97 at Anthem Hospital.  Is this in real time or did they cut the tape at certain times.  The hospital is approx. 6 1/2 miles from Copper Basin, MapQuest said it is a 9 minute drive.  Please advise on how this could be.  Also I we can still go with the culpable mental status due to all the hospital records indicating he was in renal failure.  Also please note that metabolic acidosis carries the same symptoms including lethargy and confusion.   Thanks for your time, I look forward to hearing from you soon. 
 
Tara Rolleri
From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com, mmicolo10 mmicolo10@gmail.com
Tara and Joe,

I wanted to touch base with you after the phone call last night.  I think it is very important that I manage your expectations and reset some boundaries based upon the discussion last night.

As a general rule I like to let some time pass before I respond to things that anger me, specifically because an angry reaction is usually the wrong one.  I’ve spent some time thinking about the phone call and discussed your expectations with Aki Stant, who will be co-counsel for the trial, to get a second opinion from another legal professional.  At the end of the day I still arrive at the same conclusion.  The phone call was inappropriate in timing, demeanor, and most of its content.  Let me explain why.

First, this was a call placed late in the evening, at a time when basically no other attorney would even entertain answering it.  I should have sent the call voice mail.  I have a tendency to answer my phone outside of business hours because, working in criminal law, I understand arrests are made at all hours and there is the potential the person on the other end of the call is facing a crisis.  There was no crisis last night and there is no reason why that phone call could not have been made during business hours.  Please respect my time and call me during standard business hours if you need to speak to me directly for a non-emergency.  You can email me anytime and of course call after hours for any emergency situation that arises.

I have replayed the conversation several times and have yet to see the point of it.  We ultimately reached a consensus about some new discovery but the entire purpose of the call seems to have been to simply vent, argue, and review information at an inappropriate time.  I can tell you with all sincerity I have never a client, or a client’s family member, ever take that tone (arguing, interrupting, talking over me, dismissing my advice) with me. At the firm I worked at during law school, I know without a doubt that the attorneys would have immediately terminated a client for that type of behavior.  I’m not going to do that because I genuinely want to help Michael.  Communication disturbances, if persistent, can create ethical conflicts, however, that could force an attorney to withdraw under the Attorney Ethics Rules.  I’m trying to avoid any continuing problems so I do not get cornered into a position where I have to withdraw despite good intent.

I know that the intent was not to be disrespectful, but you need to be aware that disrespectful was exactly how it came across.  You also need to spend some time reflecting on the fact that you were completely unaware of the overwhelmingly negative impression you were making.  I understand a lot of that has to do with the “New York thing" as you put it.  This isn't New York. 
Judges tend to give pro se plaintiffs a bit of leeway in proceedings.  No judge is going to permit a pro se to disrespect members of the bar or his/her courtroom.  You need to be cognizant of your demeanor or you will burn your bridges.

I was extremely disturbed at the suggestion that I should threaten the prosecutor with suit/investigations/etc.  There are ethical rules for attorneys that are not optional for me.  One of those relates to professionalism.  An attorney engaging in threatening behavior of the type you suggested would find him/herself sitting in front of the disciplinary board discussing whether they get to continue being an attorney at all.  Even in the absence of an ethical obligation, this is quite frankly one of the worst tactical choices a defendant/defense attorney could make.  Most dismissals happen with the consent of the prosecutor, despite what the public's impression is. Michael stands a better chance having a good rapport with the prosecutor than he would if we walk in there and get everyone raging angry and out for his blood. 

If you expect over-aggression from me at trial, you need to adjust your expectation.  There are decorum rules before the court and practical considerations for jury dynamics that counsel against that conduct.  There is an entire field of study devoted to jury dynamics and “angry mean lady” is a serious turn off to almost everyone.  Juries hate bullies and attacking officers on the stand is a complicated and nuanced undertaking.  The best advice I ever heard with regard to juries came from a true Arizona trial legend.  He told us to treat our time with the jury like a first date.  You need to be likeable, first and foremost, or a jury stops listening.  You need to be confident, not cocky.  You need to stand your ground without being a jerk.  There is a degree of charisma involved.  This is exactly why I immediately asked Aki to co-chair at trial.  You have to trust me and my tactics or you need to find another attorney.

Finally, Tara and I have already had this discussion once before--obsessing about minor details.  There is a difference between a discrepancy and a legally relevant discrepancy.  That the victim said “placed on the ground" while Sherwood said he did a leg sweep is nothing more than semantics.  Its a discrepancy that is not legally relevant.   Most of the information I keep getting is not relevant.  Most of it isn't admissible for either case.  Its probably an immediate mistrial to suggest (without an ounce of evidence) that Sherwood bought his position as a deputy.  Speculation about Michael's heart stopping and dehydration wouldn't survive an objection, even if it was allowed in, which it most likely would not be.  Some of your efforts are really good.  Much of it is misplaced when you look at the big picture.  Some of it relates to your civil suit but not the criminal matter.  EMT misconduct does not explain the criminal incident and there's a great chance that I wouldn't even be able to use it for anything.  I want it because its medical background that the expert witness needs to be aware of, not because its useful at trial.

There are practical realities to trial evidence.  It has to be relevant, reliable, admissible, and presented by being sponsored by an appropriate witness.  WebMD means absolutely nothing.  WebMD is not a trial witness.  Taser International is not a trial witness.  Joe's experience as an EMT, and I do not mean this disrespectfully, is not usable.  You two keep shooting volumes of minutia at me most of which I cannot use.  It is not productive and obsessing is going to exhaust you. 

Also, there are evidence rules that strictly limit pursuing collateral issues (95% of what you send me are collateral issues--i.e. the car…calling every officer a liar makes you look crazy to a judge/jury, even if you're right).  Even if you could present all of the collateral issues, it would kill your case.  Juries have limited attention spans.  Drown them in issues of every type and they stop listening to you completely because it gets too confusing for them.  That is exactly why you see every major trial stick to a core storyline, one with only a couple of key themes.

I don't mean to isolate you but we did need to have this discussion.  I hope you understand.  I am doing my best to look out for Michael's best interests and you need to trust me or find someone else you do trust ASAP before a trial date is set.

--C. Peterson, Esq.
Sent from Windows Mail  4/14/15

Re: Mitigation Paperwork
From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com
Cc mmicolo10 mmicolo10@gmail.com
Tara,

I’m a bit frustrated because we seem to be having the same conversations over and over again.  You've already told me about the hospital.  I believe you that he was disoriented and its a critical component to the criminal case.  You are already listed as a trial witness…for the State.  They can subpoena you if they want to in order to recount things you said to Sherwood.  I can't control the prosecutor’s direct examination of you if that happens, I can only attempt to fix issues that pop up when I get a chance to cross examine you and then recall you as a defense witness later if I need something else from you.  This exactly why I told you months ago to limit your involvement in exploring Michael's criminal defense. My communications with him are privileged.  My communications with you and Joe are not.  Your working your way into potentially being the single most harmful witness against Michael, should the prosecutor catch on to ask you the right questions.

I’m worried that you're jumping to conclusions about what the expert is going to say in his report.  The fact is that we don't know yet.  I don't have the written report, only verbal preliminary thoughts.  Those could change with more detailed review.  The report could come back and say exactly what we want it to.  It could end up beautiful---full criminal defense plus the crush injury.  We don't know yet.  I did ask Dr. Morey about the botched CPR theory yesterday, however, and he said absolutely not.  I expect you may want to double-dip and use the expert's report in your civil matter as well but you should know up front that the doctor will not support that theory at all.

The expert costs $200/hour.  Overall cost is based on how many hours he works on the case.  I prepaid $1000 to cover document review and issuing a written opinion.  If the written opinion is enough to get a dismissal, we don' have to pay for anymore time.  If I need trial testimony I will prepay another $1000.  He will invoice his time to me and issue a refund if I've overpaid.  I won't know the final cost until we're done using his time.  I don't expect it to exceed $2000 but I cannot be certain.  I will add the actual cost (after I know if I’m paying him more or getting part of the pre-payment back) to your balance with my office and you just stay on the payment plan of $500/month until its done.  I can send you copies of his invoices to me when I get them so you know how much more to pay on the payment plan.  I don't have any invoices yet because he's still working.

I understand the case is expensive but my fee is probably half of what any other attorney would charge for it.  I discounted it substantially because you were referred by a good friend.  Its easy to lose sight of things when you're on a fixed fee contract with an attorney.  My hourly rate is $150/hr.  Each court hearing takes about four hours with travel from my office.  We've had four of those.  Now consider all of the time on phone calls, emails, reviewing information you've sent me, etc.  That time approaches the full contract price before I even factor in the time spent reviewing documents, talking to the prosecutor, arranging and discussing issues with Dr. Morey, or engaging in trial preparation/legal research with Aki.  This case is a major undertaking that I am not taking lightly.  Please understand and respect the value of my time.  Most of the hours I spend on this case are not compensated when placed in perspective with a standard hourly contract.  I don't regret the discounted rate because Michael definitely needs help but please keep that question in your mind when you send me things--”Would I still send this email/article/etc. if I were being billed $150 an hour for this time?”  I think that question will help us begin to filter out some of the repetitiveness and oversharing so I can use my time in a more productive way for Michael.

Finally, I genuinely hope you're not counting on the civil case financially.  It could take years to get a settlement, if the case is litigated properly from the outset so as to survive motions to dismiss/summary judgment.  It could be many years if you go to trial, win, and have to deal with the County's appeals (which is almost certainly would pursue).  You could also lose the case before trial or at trial.  There is absolutely no guarantee you will see money out the civil suit.  Please just keep that in mind.  Don't have unrealistic expectations.  You're a really nice person and I would hate to see you experience total disappointment if the suit ends up going south.

--C

Sent from Windows Mail  Sent on  4/15/15 @ 12:56 pm

Re: Michael Micolo
From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com
Spoke with expert.  He needs the copies of this (valley fever) medical paperwork, medical documentation of when Michael had head trauma, and his ADHD diagnosis.  I know we discussed this paperwork in December but as far as I know I don't have it yet.  He is anticipating that, although lab results were abnormal, a doctor testifying against Michael could say that as a normal, healthy young male he should be able to handle some abnormality without being in an altered mental state.  This documentation provides him with a reason to rebut that suggestion by saying that Michael's brain isn't wholly normal because of the ADHD and he becomes more prone to severe symptoms under medical stress.  It's important so please get this done as soon as you are able.

Thanks,

C
Sent on 4/15/15 @ 3:02pm



What I currently have in my possession is pills that he was on and refused to continue to take due to the way they made him feel.  I will look up Dr Z in NY to see if I can get his records.  Michael will go to Banner tomorrow for the incident where those boys beat him up and left him with a concussion.  As far as the Valley Fever incident is concerned I sent you some Dr's records from My Dr. Now  showing the prognosis for Valley Fever but when they wanted to just hand him some steroid that Michael looked up after he got the diagnosis.  He said no way and we took him to the same Banner so he will get both of those records tomorrow. However we opted to do nothing after the second x-ray because they said the mark on his lung didn't seem to be getting bigger. Do you also need the school records or just the old pills and Dr. Z's notes?  Also if you need the records I sent you previously just let me know and I will resend them. 
Im sorry to waste your time, I just needed to share my experience with Michael so as to help you to best represent him.  I know he wouldn't take anything mind controlling or stimulating. He already runs high in life and when he smokes or ingests marijuana it helps to slow him down.  Plenty of legislation to show how it is helpful to people with ADHD.... Your smart and I know you'll put it all together beautifully. Im trusting in you and god to see this through. 
 



From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com
Thank you.  I have a draft of the expert's report.  It's very favorable.  He will send me the final version soon and I will of course make sure you have a copy.  I will get it over to the prosecutor ASAP and reach out to him about a dismissal.  Hopefully we will have an answer this week.

--C
Sent from Windows Mail 4/27/15

From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To mmicolo10 mmicolo10@gmail.com, Tara Rolleri tararolleri@aol.com
I just emailed a deviation request and copy of the expert opinion to the new prosecutor.  Let’s see what he says.

--C  sent  4/28/15
The hearing on Monday is scratched.  I’m working to get it reset.  The paperwork didn’t get to the settlement judge in time.  I’ve tried faxing it and mailing it but the Clerk’s office says it doesn’t have it.  I’m working to get us in for a conference as soon as possible.

Sent from Windows Mail  on 5/29/15


From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To Tara Rolleri tararolleri@aol.com
Settlement conference is still on. June 1 at 1:30

From Tara Rolleri tararolleri@aol.comhide details
To cpeterson cpeterson@petersonlawaz.com
Hello, I hope all is well with you.  I realize that you said there is no logic in court or the structure of judicial proceedings but I cannot understand for the life of me why with all the information we have showing that the Sargent is clearly and blatantly lying about the facts of that evening, as well as Michaels Medical Diagnosis, why you would tell him that he should take a deal that is going to stop him from getting his financial future set. Do you feel as though you cannot carry this case based on merit?  You were told ahead of time the perplexities of this case and our feelings  behind not taking a deal that would result in decrementing his future.  You insisted that your other career and knowledge that you possess from it would help you in going to trial if one should come about.  We, as a family discussed the ramifications of this so called deal, and for a young man that is not guilty of anything other then dehydrating himself and becoming confused of his whereabouts. He made a mistake that didn't break anything or hurt anyone, he ended up hurt - branded in fact.  And now you want his branding to not only be on his chest - but also on his permanent record?  What happened to your motion to dismiss based on medical records?  What happened with the other requests or subpoenas for deputy Reyes, she obviously was there when he got tazed.  Where is her taser records too.    We thought you said you have what it takes to do a trial...Do you really believe that a jury of many people will all see this as anything more then it was?  Please don't let us get all the way down the road just to be disappointed. If you feel as though you cannot handle this, we will have to ask you to dismiss yourself.  With that, we would need an account for the hrs. you put into this case based on your reimbursement policies as we will have to retain other council and cannot afford to pay twice.  Also forgive me if Im getting ahead of myself, however when you tell this young man to throw away his career choice and only excuse is some old coot who resided on the bench many moons ago - the jury of 8 or 12 or however many are supposed to be present will not be a slew of old people with backwoods thoughts.  Poll just in Florence, how many people have an MMJ card.  All those who are to serve on the jury would be from Apache Junction to Florence and beyond.   You need to address my concerns and let me know where you stand, as time is always of the essence.  I would prefer a phone call but if you feel as though email is necessary then so be it. 
Sent June 8 2015


Chelsea,
Regardless of how many people are on a jury the pertinence was clearly trying to reflect that when there is more then 1 person listening to these facts, they couldn't possibly come back with anything more then a hung jury.  You feeling as though you need to explain just means more billable hrs. right? Its not that I am not listening to you, it is that I cannot retain what you are saying.  I too have mental issues or haven't you noticed.  So when I look at your flat fee agreement where you have clients responsibilities showing that in order for you to be effective representation with cooperation and assistance and I feel that everything about Michael, who's integrity as a respectable person is being questioned at this point, is relevant to his case.  If they just throw something out at you with regard to his past, then you need to know ahead of time so that you are an effective legal asset to  his or any clients contact list.  Based on the fact that we never met any lawyer who would handle a case all the way through trial without any extra expenses  (ie. the flat fee) we assumed it meant you actually care about clients who are indigent but need something more than a public defender on their side.   
Back when I was flooding you with information from the web, you informed me of my issue and since then I don't think I sent you anything expect for what we could expect at this settlement conference.  However you didn't answer that email for some reason.  Nor text Michael about the information as well.  Considering he was the one asking.
We carried such high hopes and stopped calling potential lawyers when you said you would be interested in the civil case, however when I asked, you later state that we have is so messed up that you don't want it anymore. That made me call more lawyers.  What I found was that even with pleading to the RA charge, no lawyer would even be willing to put in their time. 
You think this is just about civil compensation, Its about changing a law for Arizona, one similar to other states to protect the mentally disabled or temporary states of delirium that happens when people are dehydrated.  It don't matter what your race, some police think that what they do is justified and they have to see that they can and will be held to a higher standard. 
As far as you claiming to hold off on motion practice, we didn't even hear about settlement conferences existing until you somehow got it thrown in for 6/1.  We believe that putting in a motion to dismiss based on medical proof would bring that to light so they didn't have to waste all our times with going back and forth in settlement conferences.  Holding off would only stand to hurt you on the back end wouldn't it?  I look back in the emails but cannot find the part where you told me at all about the interviews only being agreed upon after these conferences.  We told you he was not willing to take a deal, then Michael see's how long he has been dealing with this and gets desperate to cut the cord so that he can concentrate more at school for a job that ultimately he wouldn't even be able to get based on his criminal record.  Once he looked up the information he needed to see that anything on your record, even one that becomes a misdemeanor, would still stop him from getting him to his goal.  He has been trying so hard to not let this effect him but it is!
For a kid with ADHD, he was told over and over again, keep your eyes on the prize and keep working toward your goals.  He knew what he wanted to do since my little brother was diagnosed with Cancer.  He wants to help these types of patients
 "And now you want his branding to not only be on his chest - but also on his permanent record?" This statement indicates that you told him to take the deal "My professional advice is to take the resisting arrest plea and earn a misdemeanor with that has no weapons connotation to it. If you don't, you are taking a monstrous gamble that even a seasoned judge said you would likely lose in front of a pinal county jury. If you lose you will be a felon for many years to come and your entire potential employment field will disappear" is a gamble based on what?  I asked but got no response.
I hired you to represent him, as a 19 year old he still don't know what is going on with life, most of us don't but as a parent I am always going to have his best interest where as once your done with him, you'll consider it a good job but time after time he will get doors slammed in his face and wont feel as though he made a good deal.  Now a days you put a persons name into a search engine, and you don't even have to pay to get the info your looking for.  And the door closes again.
We didn't continually treat you disrespectfully, The only time you spoke to Joe on the phone was the last time he corresponded with you because of how bad he felt from your letter. We did ask you if starting a civil case with a criminal case going on was going to create an issue but we got told no.  You asked later on if we were willing to drop the civil case for the criminal case, even though no such offer was even established, and we said no because of all the civil liberties he lost based on these false charges.
Before I knocked on peoples doors, I asked you, but got no answer, it was the weekend and that Is when people tend to be home.  I was trying to help you because you were so reasonably priced I didn't want you to loose money with hiring an investigator or however you acquire your resources.  Too much time clouds peoples thoughts, or they move but not knowing if someone knows something that would help my son was not something I was at liberty to do at such a critical stage into my investigation. It wasn't till it was done that you told me I shouldn't have.
So based on the statement we are using the criminal case as our shortcut to the civil litigation discovery you are withdrawing?  Isn't one really about another and so it takes one to support the other? 
As far as your time is concerned I got a few issues with them seeing your gonna change things from flat fee to hourly. 
1.  On 3/16 the court appearance, I don't know why if trial was set back on 1/26, why on 3/16 was it vacated and when we went there you said you were waiting on some expert testimony and that is why it needed to be postponed. You didn't get it in time because it took you so long to research and find the person and you didn't take care of that until 3/6.  What happened in February, you got busy?  It would have been 4 hrs less that you billed if you would have done the research in Feb. and were ready for March right?
2.  Im not sure if it was the January 26th court date or 3/16, weren't you going right to visit your potential mother in law that wasn't far away from Florence who was in therapy.  I think you might have billed for that hour of drive time back considering court doesn't take more than an hr and you charge for 4 I am assuming you are adding in travel time, which is your right to but I don't think you can charge it completely if you are engaging in another activity, I could be wrong but Im sure something on the web could help me better understand it. 
3. 4/14-4/17 Who are the multiple client emails to?  One of which addressed my husbands phone call the night before, so I guess you could say you did bill for the numerous, numerous emails as you put it.
4.  On 5/29 why did you have to go there to file a hearing request? You couldn't send the request through email?
 
So at this point you see that charging a flat rate fee for something that takes too many hrs up of your time before a trial is even set, may not be helpful to you when the reason you became a lawyer was to make money and now you don't want to represent him in the trial because you lost money at this point?
 
That would then explain away my thoughts on your feelings for him taking the plea, rather what I figured was that you see that the Sargent really did do the wrong thing and you don't want to implicate a fellow officer?  Well I'm sorry that those feelings escaped my inner thoughts but with no other reason that I could possibly come up with that wouldn't make you look greedy or uncompassionate toward the situation I chose to believe you didn't feel right about having to enlighten the world on the way some people police.  So I again apologize for coming unglued when you said you strongly suggest him taking the deal I also thought, you must know something that we don't because all our evidence says innocent to me.
So at this point you are going to put in a motion to withdraw based on the things you mentioned and  a judge has to determine if he wants to let that happen? It's been a long time since I googled that, I guess it was around 4/14 when you threatened to withdraw from the case than because of our apparent attempt to assist you and Michael. Seeing that you looked younger than you probably are we figured you probably don't come across these cases everyday, we though we were helping and when we found out we were not, we stopped.  We put the blame on ourselves when we do wrong but stand up for what we believe in and always do the right thing.
That is our motto, just do the right thing! 
I'm not sure how that will go, but Im sorry that we could not reach an amicable resolve, or that you didn't have the will to persevere through these tough times.  Paying someone again to do what needs to be done is a waste of money and you quitting because you lost money and patience is not right.
  Sent June 9 2015





To anyone who decided to read through all these emails,  I obviously never hired a lawyer for a crime before so I didnt know what I was supposed to do or say.  Telling the truth is the only way, I believe will give a person closure.  While Chelsea found my constant bickering to be aggravating, I dont see how she would have known about his prior medical issues If I didnt.  If a lawyer lacks compassion then they lack conviction and are just doing it for the paycheck and the perks.  As you can see, over time we just wanted this thing to be done and the state kept dragging their feet.  Chelsea also had better things to do.  No one was really working for us.  No one really wanted to hear that Michael was having a Delerium Episode due to Dehydration and the cops made it become Excited Delerium where he couldnt account for his actions because that would make the officers statement a lie and the jury, well according to the lawyers, the jury (everyday folks like you and me) are picked from the bottom of the barrel (Under a rock) and they will believe what the cop said over what some skinny, tall, doped up kid had to say?  These people live with no conscience what so ever.

Ultimately We Filed a Complaint With the Arizona Bar Association.  Those files will be uploaded shortly.

Back







From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To mmicolo10 mmicolo10@gmail.com, Tara Rolleri tararolleri@aol.com
Hi,

So a couple of things.  It took a lot of searching to find an appropriate expert witness.  I finally found one but their fee is insane ($11k +).  Because I knew there was no way to justify that expert’s fee, I called Dr. Peter Morey.  He was a psychiatrist (a medical doctor) prior to attending law school with me.  I just spent two hours meeting with him and you will definitely want to hear what he had to say.

First, he is arranging for one of the doctors that trained him after medical school to be your expert witness.  His psychiatrist friend has great credentials, would testify telephonically, and will probably charge no more than $200/hour (maybe less).  He would probably only spend 10 hours or fewer on the case.  This is an amazing favor to me and I really hope you approve his fee--we need him. 

Second, Dr. Morey caught something very important with your ER diagnosis.  You were diagnosed with several things, dehydration, renal failure, and rhabdomyolosis.  Here’s the lightening bolt revelation--rhabdomyolosis is usually the result of crush injuries and it CAUSES renal failure.  Sherwood’s excessive force may have been the cause of the renal failure.  Its entirely possible that he crushed you  and put you in life threatening medical distress.

Don’t get too excited yet, though.  Dr. Pete is going to do some research to pin down the other possible causes of rhabdo, just to make sure it wasn't something pre-existing.  Don’t bank on the crush theory until he finishes vetting the issue out.  If the ultimate finding is that it was a crush injury, I would willing to step in and handle a civil suit if that is what you would like to do.  Again, don’t get excited yet, we need to fully explore other causes of rhabdomyolosis first.  If something pre-existing caused the renal failure, we’ll just stay on track with our current defense plan.

If crushing caused the renal failure there are ramifications to your defense.  It means that this particular medical condition came after the incident so it doesn’t bear on your mental state at the time of the offense.  The upside is that we still have your severe dehydration to use for a defense.  Marijuana doesn't cause dehydration and you could have acted delirious from dehydration alone.  Dehydration takes a long time to occur so it was already affecting you before you smoked.

Finally, I want to bring Dr. Morey on-board as a consultant.  One of the things he does is mitigation consulting, which is an important part of trial preparation.  He is the best person to gather and prepare mitigation evidence like the concussion from when you were younger.  You would need to set up a separate fee agreement with him but I know he will be reasonable as a favor to me. 

I will see you Monday morning.  Have a great weekend.

--C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Tuesday‎, ‎March‎ ‎10‎, ‎2015 ‎3‎:‎04‎ ‎PM
To: Chelsea Peterson

Nice sounds great. I appreciate all the great work your doing.

On Mar 10, 2015 2:56 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
No.  Sorry. 

Good news, though.  I think I’ve found the perfect expert witness for your case.  I should have an idea about how much he will charge very soon. His initial impression is favorable to this line of defense.

I will let you know more as I get the info.

--C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Tuesday‎, ‎March‎ ‎10‎, ‎2015 ‎11‎:‎14‎ ‎AM
To: Chelsea Peterson

So courts not canceled?

Ok cool sounds great thanks for your awesome work :)

On Mar 2, 2015 2:14 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
Michael,

I have been email potential expert witnesses and I am still trying to finalize one.  I am going to submit a motion to continue the March 16th date and vacate the April trial date so we have time to get the witness lined up.  I will let you know if court on the 16th is cancelled.  Hopefully it will be so you can go on vacation with your family.  Let me know if you have any questions. 

Thanks,

C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Saturday‎, ‎February‎ ‎21‎, ‎2015 ‎1‎:‎56‎ ‎PM
To: Chelsea Peterson

Was it 9 am I had to be there?

From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To mmicolo10 mmicolo10@gmail.com, Tara Rolleri tararolleri@aol.com
Hi,

So a couple of things.  It took a lot of searching to find an appropriate expert witness.  I finally found one but their fee is insane ($11k +).  Because I knew there was no way to justify that expert’s fee, I called Dr. Peter Morey.  He was a psychiatrist (a medical doctor) prior to attending law school with me.  I just spent two hours meeting with him and you will definitely want to hear what he had to say.

First, he is arranging for one of the doctors that trained him after medical school to be your expert witness.  His psychiatrist friend has great credentials, would testify telephonically, and will probably charge no more than $200/hour (maybe less).  He would probably only spend 10 hours or fewer on the case.  This is an amazing favor to me and I really hope you approve his fee--we need him. 

Second, Dr. Morey caught something very important with your ER diagnosis.  You were diagnosed with several things, dehydration, renal failure, and rhabdomyolosis.  Here’s the lightening bolt revelation--rhabdomyolosis is usually the result of crush injuries and it CAUSES renal failure.  Sherwood’s excessive force may have been the cause of the renal failure.  Its entirely possible that he crushed you  and put you in life threatening medical distress.

Don’t get too excited yet, though.  Dr. Pete is going to do some research to pin down the other possible causes of rhabdo, just to make sure it wasn't something pre-existing.  Don’t bank on the crush theory until he finishes vetting the issue out.  If the ultimate finding is that it was a crush injury, I would willing to step in and handle a civil suit if that is what you would like to do.  Again, don’t get excited yet, we need to fully explore other causes of rhabdomyolosis first.  If something pre-existing caused the renal failure, we’ll just stay on track with our current defense plan.

If crushing caused the renal failure there are ramifications to your defense.  It means that this particular medical condition came after the incident so it doesn’t bear on your mental state at the time of the offense.  The upside is that we still have your severe dehydration to use for a defense.  Marijuana doesn't cause dehydration and you could have acted delirious from dehydration alone.  Dehydration takes a long time to occur so it was already affecting you before you smoked.

Finally, I want to bring Dr. Morey on-board as a consultant.  One of the things he does is mitigation consulting, which is an important part of trial preparation.  He is the best person to gather and prepare mitigation evidence like the concussion from when you were younger.  You would need to set up a separate fee agreement with him but I know he will be reasonable as a favor to me. 

I will see you Monday morning.  Have a great weekend.

--C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Tuesday‎, ‎March‎ ‎10‎, ‎2015 ‎3‎:‎04‎ ‎PM
To: Chelsea Peterson

Nice sounds great. I appreciate all the great work your doing.

On Mar 10, 2015 2:56 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
No.  Sorry. 

Good news, though.  I think I’ve found the perfect expert witness for your case.  I should have an idea about how much he will charge very soon. His initial impression is favorable to this line of defense.

I will let you know more as I get the info.

--C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Tuesday‎, ‎March‎ ‎10‎, ‎2015 ‎11‎:‎14‎ ‎AM
To: Chelsea Peterson

So courts not canceled?

Ok cool sounds great thanks for your awesome work :)

On Mar 2, 2015 2:14 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
Michael,

I have been email potential expert witnesses and I am still trying to finalize one.  I am going to submit a motion to continue the March 16th date and vacate the April trial date so we have time to get the witness lined up.  I will let you know if court on the 16th is cancelled.  Hopefully it will be so you can go on vacation with your family.  Let me know if you have any questions. 

Thanks,

C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Saturday‎, ‎February‎ ‎21‎, ‎2015 ‎1‎:‎56‎ ‎PM
To: Chelsea Peterson

Was it 9 am I had to be there?


From Chelsea Peterson cpeterson@petersonlawaz.comhide details
To mmicolo10 mmicolo10@gmail.com, Tara Rolleri tararolleri@aol.com
Hi,

So a couple of things.  It took a lot of searching to find an appropriate expert witness.  I finally found one but their fee is insane ($11k +).  Because I knew there was no way to justify that expert’s fee, I called Dr. Peter Morey.  He was a psychiatrist (a medical doctor) prior to attending law school with me.  I just spent two hours meeting with him and you will definitely want to hear what he had to say.

First, he is arranging for one of the doctors that trained him after medical school to be your expert witness.  His psychiatrist friend has great credentials, would testify telephonically, and will probably charge no more than $200/hour (maybe less).  He would probably only spend 10 hours or fewer on the case.  This is an amazing favor to me and I really hope you approve his fee--we need him. 

Second, Dr. Morey caught something very important with your ER diagnosis.  You were diagnosed with several things, dehydration, renal failure, and rhabdomyolosis.  Here’s the lightening bolt revelation--rhabdomyolosis is usually the result of crush injuries and it CAUSES renal failure.  Sherwood’s excessive force may have been the cause of the renal failure.  Its entirely possible that he crushed you  and put you in life threatening medical distress.

Don’t get too excited yet, though.  Dr. Pete is going to do some research to pin down the other possible causes of rhabdo, just to make sure it wasn't something pre-existing.  Don’t bank on the crush theory until he finishes vetting the issue out.  If the ultimate finding is that it was a crush injury, I would willing to step in and handle a civil suit if that is what you would like to do.  Again, don’t get excited yet, we need to fully explore other causes of rhabdomyolosis first.  If something pre-existing caused the renal failure, we’ll just stay on track with our current defense plan.

If crushing caused the renal failure there are ramifications to your defense.  It means that this particular medical condition came after the incident so it doesn’t bear on your mental state at the time of the offense.  The upside is that we still have your severe dehydration to use for a defense.  Marijuana doesn't cause dehydration and you could have acted delirious from dehydration alone.  Dehydration takes a long time to occur so it was already affecting you before you smoked.

Finally, I want to bring Dr. Morey on-board as a consultant.  One of the things he does is mitigation consulting, which is an important part of trial preparation.  He is the best person to gather and prepare mitigation evidence like the concussion from when you were younger.  You would need to set up a separate fee agreement with him but I know he will be reasonable as a favor to me. 

I will see you Monday morning.  Have a great weekend.

--C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Tuesday‎, ‎March‎ ‎10‎, ‎2015 ‎3‎:‎04‎ ‎PM
To: Chelsea Peterson

Nice sounds great. I appreciate all the great work your doing.

On Mar 10, 2015 2:56 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
No.  Sorry. 

Good news, though.  I think I’ve found the perfect expert witness for your case.  I should have an idea about how much he will charge very soon. His initial impression is favorable to this line of defense.

I will let you know more as I get the info.

--C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Tuesday‎, ‎March‎ ‎10‎, ‎2015 ‎11‎:‎14‎ ‎AM
To: Chelsea Peterson

So courts not canceled?

Ok cool sounds great thanks for your awesome work :)

On Mar 2, 2015 2:14 PM, "Chelsea Peterson" <cpeterson@petersonlawaz.com> wrote:
Michael,

I have been email potential expert witnesses and I am still trying to finalize one.  I am going to submit a motion to continue the March 16th date and vacate the April trial date so we have time to get the witness lined up.  I will let you know if court on the 16th is cancelled.  Hopefully it will be so you can go on vacation with your family.  Let me know if you have any questions. 

Thanks,

C

Sent from Windows Mail

From: mmicolo10@gmail.com
Sent: ‎Saturday‎, ‎February‎ ‎21‎, ‎2015 ‎1‎:‎56‎ ‎PM
To: Chelsea Peterson

Was it 9 am I had to be there?