Category: News

Public Defenders drag out proceedings rather than dismissing cases.

E Brinker has expressed to both her lawyers that her unconscious body was pulled out of a wrecked car, put onto an ambulance, and sent to a hospital 5 minutes away after a car accident on June 24, 2022.  She has retained public defenders, not wishing to spend her own money or borrow money for what she has all along considered false charges.

Yet retaining public defense for counsel has proved challenging for Ms. Brinker. Her lawyers have looked over her medical documents and records to prove her body arrived at St. Mark’s Hospital at 8:35 am. in critical condition.  Brinker has mentioned to her lawyers that the “approximate” time selected for the car accident could not have been 7:57 am. Her public defenders have received copies of all her medical records.  They have been made aware of every detail for the manner in which Ms. Brinker remained in critical condition the day of the accident, with multiple broken bones to the left ribs, shoulder and neck.  The records show she was unconscious while in heart failure. It goes without saying that a patient in such a medical state was placed in an ambulance following an accident rather than lingering while chatting with others. Yet police acquired witnesses who accused Brinker of doing just that. It is one of the more puzzling things for the case brought against Brinker on February 5, 2023, by the state of Utah.

Brinker has been determined to work on the case herself, and emails findings to her lawyers. She discovered early on in the process, with her first public defender asking hurriedly before a trial, “What exactly is Afib again?” Relying on public defense for her defense might not be the wisest move. Ms. Brinker is quite sure that with a 90% plea bargain rate and a state which does not budget for legally serving criminal summons — no amount of effort on her part can improve their service to the public. She has hoped to make small changes, even so. But her hopes were dashed in a recent discovery that her car had records all along to show it was only going 23 MPH (37 kp/h) at the time of the accident. That speed is within airbag data that police found and had, even while accusing her of speeding and wrecking other cars. They listed the speed of the Hyundai as 38, and the speed of her car as 75.

The data from the two cars–the cars of both the defendant and the plaintiff–would need only one analysis from a computer to show they did not have any type of initial crash together to cause the 6-8 car pile-up at the intersection. Brinker’s public defenders have not performed that analysis for the grounds to dismiss the case, while their more consistent task is to request more court dates. Brinker keeps a bulletin board in her home-office with the hearing dates stapled to it. The board is almost covered, now. A 3-year ordeal so far, that began with a hit to her driver’s door and severe bodily injury.

“Lawyers do not share progress they make, and only leave me to worry.” Ms. Brinker says. The process of leaving defendants to worry while shifting them toward plea deals with the state, is an infamous one. Public defenders assigned by the state of Utah for Ms. Brinker certainly have done these things. Yet the entire time there was evidence showing her car had only been going 23 MPH.

Each of Ms. Brinker’s public defenders have made it exceedingly clear to her they considered her guilty, even so. Ms. Brinker has found it is one of the more impossible tasks encountered in a long and full life: To convince public defenders of the innocence of their own client. There is no innocent before proven guilty. Her public defenders have only established communication channels with her family or friends but not with E Brinker herself. They have dehumanized Ms. Brinker in such a way, but she hopes things can “…eventually go back to normal.”

Her family and friends and church members remain hopeful as she shares her own progress with them. Ms. Brinker does not wish to delay longer while finding new counsel once again, but her latest public defender recently betrayed her trust. Ms. Brinker has considered if public defenders are held to those same rules of client-lawyer trust, the stricture that private counsel is held to by their bar associations. There is a very interesting term used by law students from the U of U when they talk about public defense. They call it “Bleed and Plead.”

Unified Police Charge an Accident Victim with Manslaughter to Cover Their Own Mistakes.

Salt Lake City

Click here for casefile the Unified Police built in their attempt to frame an injured older woman for a car accident.

On February 5th, 2023, Salt Lake County Sheriffs jailed an accident victim, E Brinker 8 months following a car accident in which she received over 19 broken and fractured bones, including a fractured neck. The 58 year old woman was shocked.

District attorney Gill Sims was able to jail the accident victim by never serving a summons. The summons approved by Judge Parker, and attorneys Mr. Green and Brown, had been mailed 3 weeks late to arrive in Brinker’s postbox while she was in jail for not receiving it.

The casefile is reported by Brinker’s public defender as having been inadequately reviewed by the Salt Lake DA’s office before processing their charges.

It has been over 2 years since the initial jailing which lasted over a week. E Brinker has been on “pre-trial parole” for those two years, limited to home with only trips to the grocery store and doctor appointments. She received special permission to continue to attend church. Following her ordeal of jail Ms. Brinker sought weekly treatments for her PTSD caused by the traumatic accident and unfair jailing. She hopes a resolution is found soon. Her public defender Jeremy Deus was offered 5 days to conduct the trial against Ms. Brinker. He remarked to the court he would need only 3 for his defense.

Unified Police Attempt Murder of Elderly Car Accident Victim

Salt Lake City

On June 24, 2022, a car accident happened in MillCreek, Utah. Police arrived at the scene with the intent to create a crime scene. Their target? An elderly woman. Why? The car and driver who hit her was one police chose to make disappear.

Following the car accident, E Brinker was taken to St. Mark’s hospital, a few blocks away. She arrived in heart failure 35 minutes after the collisions took place at the intersection.

E Brinker reported the abuse by police, and the hospital recorded the injuries she sustained both during and after the car accident. No follow up was made for the abuse. Police themselves had characterized her as a criminal driver, and therefore their abuses and attempted murder became overlooked as matters of overeager criminal apprehension. She sustained a broken nose and gravel ground into her skin. She sustained internal injuries in the car accident of over 19 fractured and broken bones, including 11 fractured ribs on the back and left side of the body–with corresponding damage to the left side and driver door of her vehicle. One rib somehow severely punctured a lung. At the hospital she almost died and did not receive scans for internal injuries until almost 2 hours passed. E Brinker was eventually found by her family and received a life-saving operation on her lung. She did not die. Police were never charged.

However, in creating a case of charges against E Brinker, police included accident data and images of the scene. Those images show an additional black crashed car police failed to include as part of the car accident. The omitted car along with the fabricated story distributed by police, provides motive for their abuse and attempted murder of E Brinker. The #6 vehicle was the only car crashed inside the intersection. Police created a printout of 5 cars with insurance info and with no black car on that list. The 6th car appears to be a Nissan Altima.

That vehicle is clearly present in the FARO data from the scene, yet was also omitted from the car accident by the SLCo area Collision Analysis and Reconstruction Unit. In their reconstruction they display a list of 5 cars, none of which are a black Nissan. Yet the 6th car is there, and sits on a fluid trail left by the Silver Hyundai. If a line were drawn from the blue Kia back to the intersection, that line ends at the black crashed Nissan.