Press Release to the Board of Pardons concerning People who Maintain Innocence in Nevada

Press Release by Tonja Brown concerning the PARDONS BOARD
Today the Board of Pardons will convene and have Public Comments too. Here is the Agenda for today’s meeting. More information and documents available about Nolan Klein’s case at:

This will be placed on the record at the Pardons Board hearing under Public Comment.

Over the years I have attended several of the Pardons Board hearings and meetings. I believe the last Pardons Board I had attended, placed on the Agenda was the Board to consider accepting those who maintain innocence. It was not excepted. Again, today, I ask that you adopt a policy to allow those who maintain innocence a chance at their freedom and not have to die in prison because of an Over-Zealous Prosecutor wanting to get and keep a conviction at all cost.

Perhaps with this new development and the loss of an innocent man, Nolan Klein, the Pardons Board will now except those who maintain innocence to be allowed to appear before them.

New information has come to light with regard to those who have maintained innocence, including, Nolan Klein, as well as others. For instance, recently, I have hired a private investigator and he has located the prime suspect the police believed had committed the crime that Nolan Klein was wrongfully convicted of. This exculpatory evidence on the prime suspect was withheld from the defense, the victims and the jury.

This prime suspect has admitted that he had knowledge about this crime (The Payless Shoe Store) as well as the other crimes the police believed were committed by the same person. We know that Mr. Klein was not charged or convicted of those crimes because, those victims had cleared Mr. Klein, however, none of these victims knew about this suspect. We’ve always wondered what this suspect looked like. After 23 years later he still resembles the composite sketches and Nolan Klein never did. Prime suspect report attached.

As I listened to what the Investigator and the suspect had to say I found it interesting that when the prime suspect went to inquired into this crime that Mr. Klein was convicted he was told by the police that they picked up a person and they put him away for a long time. That person was Nolan Klein.

As you may recall Nolan Klein appeared before you on October 29, 2008, Although Nolan Klein’s attorney’s did submit to the board the evidence of Washoe County District Attorney, Dick Gammick admitting that they opened up the DNA and tested it and we demanded to know where the results were that were hidden from the us. You denied Nolan a pardon. Shortly thereafter, Nolan Klein’s attorney’s filed in Washoe County a Motion to compel Gammick to turn over the test results. In May 2009 Judge Adams ordered Gammick to turn over the test results and the entire file in Nolan’s case. On June 10, 2009 the entire file was turned over and the rest is history. I want you to know this before you decide to dismiss the Petition for Exoneration. During the June 24, 2009 Pardons Board hearing I provided you the evidence that was found hiding in the DA’s file. See Writ of Mandamus attached.

I have provided this Pardons Board with a list of Defendants names to one degree or another who have had their constitutional rights violated by the Washoe County District Attorney Office, for example, ADA Steven Barker for Discovery violations on withholding exculpatory evidence. In one particular case DNA that exonerated the person.
Gammick, Justice Hardesty, AG Masto sat on the Advisory Commission when I presented the cases of ADA Barker. They did absolutely nothing with regard to Mr. Barker.

I anticipate that the NV Supreme Court will dismiss this Petition for Exoneration again, because, that is what they do.

Writ of Mandamus that I filed in Washoe County and then appealed. Geoff did the story last year.

2011 The NV Supreme Court dismissed the Writ for practicing law without a license; however, they are the ones who gave me permission to proceed.

filed by licensed attorney Petition for Exoneration

Nolan Klein’s case is still pending before the NV Supreme Court

Regarding ADA Washoe County District Attorney Office. It should be noted that DA Dick Gammick responded to me when I asked him in August 2010 why we continued to employ Mr. Barker. Apparently it is perfectly acceptable for the Washoe County District Attorney’s Office to violate one’s Constitutional Rights even if it costs an innocent person his or her life, just as long as they get and keep that conviction! ( I have Gammick on video at the Republican Jewish Coalitition, Aug. 2010)

Steven Barker continues to violate Discovery by refusing to turn over inculpatory and exculpatory evidence in cases.

Case 1 – CR09-0158 – State v Felipe Henriqez
Filed September 3, 2009
Discovery violations and or prosecutorial misconduct

Case 2 – CR06-1733 – State v Joshua Leo Davey
Filed Order – January 23, 2007 by Judge Jan Berry
The court has conferred with the State Bar on Steven Barker on Discovery Violations
Filed June 20, 2007 Judge Berry ‘s Order.

Case 3 RCR09- 049502 State Kirk Masten
November 19, 2009
Been caught on multiple occasions hiding evidence violating Discovery laws and rules The Supreme Court Justices Hardesty, Pickering, Saitta issued an Order stating that “deprived a defendant of a fair trial. Further misconduct by Barker could lead to a referral to the State Bar of Nevada.”

CC: Judge Connie Steinheimer, AG Masto , DA Dick Gammick, Washoe County Public Defender.

Tonja Brown
2907 Lukens Lane
Carson City, NV 89706

Letter to the Editor about Members of the Pardons Board

From the Sparks Tribune (but not yet published online…) (click to see larger version).

Letter to the Editor, by Tonja Brown. December 27, 2009.

Dear Editor,
I’m writing this letter in an effort to bring to light the injustice that is being perpetrated by our public officials, four of whom are now up for re-election: Justices James Hardesty and Ron Parraguirre, Attorney General Masto and our governor, Jim Gibbons.

In May, Judge Brent Adams ordered Washoe County District Attorney, Dick Gammick to turn over the entire file in Mr. Nolan Klein’s case. On June 10, newly discovered evidence was found. On June 24, I appeared before the Nevada Pardons Board to bring it to their attention the acts within in the Washoe County District Attorney’s Office.

I presented to the Pardons Board dozens of documents, including the hand-written notes, that a former assistant district attorney made on our motion for discovery that he was not going to turn over any of the materiality or exculpatory evidence despite a 1988 court order to do so. The Pardons Board knew that this attorney violated Brady v. Maryland by withholding all of the materiality and exculpatory evidence that showed another person was responsible for the crime in which my innocent brother, Nolan Klein, was convicted of 21 years ago.

On Nov. 19, the Pardons Board knew that the assistant district attorney had defied a court order to turn over all of the evidence in the case. They also knew that the newly discovered evidence that was found in the file that would not only clear Mr. Klein of the crime but newly discovered evidence was found that supports Mr. Klein’s claims in the 9th Circuit Court of Appeals that our AG Masto is trying to get dismissed because of Mr. Klein’s recent death.

One would think that they would have placed Mr. Klein on the November’s Agenda for an exoneration, but, no they would rather cover up the acts of the Washoe County District Attorney’s Office for the last 21 years. How many more innocent people will die in prison because they want to condone the bad acts of officials under the color of law? Could your loved one be next? We need transparency in government not more cover-ups. We, the voters, need to be heard. We must send a message that we are not going to condone their actions and vote them out of office. For those of you who were considering running for office, here is your opportunity to make a difference.
Tonja Brown
Carson City