TAMPERING WITH EVIDENCE

The Trial

DAVID STEINER



February 13, 1997



Richard Mazar, Esq.

San Francisco, CA 94117



Dear Richard:

Several months after John Thiele and I were arrested we were finally allowed to go through approximately 20 boxes of Gift of Health material that the FBI had seized from my Utah storage space, and also the FBI's boxes of reports.

The boxes were on a very large table in the FBI boardroom in the federal building in San Francisco. Stan pointed to approximately three boxes and told us that we would be wasting our time if we went through any of the other boxes. We, of course, were anxious to go through all of the boxes to find all of the evidence we could to prove our innocence. When Stan realized that we intended to go through every box in detail, he seemed very irritated.

For most of the time we were there, Stan sat at the end of the table where he had a video camera with a large microphone that was video-taping the table where the evidence was. We had to keep reminding each other to be careful not to even whisper, because Don Criswell had told us that the microphone could pick up every sound we made. John's attorney, Ron Tyler, also made a remark to me about how he felt that the video camera wasn't necessary.

During the time we were there we found the camera to be irritating. Now, because of the missing documents, we feel it was one of the most important things that Stan could have done for the defense.

Judge Jensen finally ordered Stan to make three copies of all the documents in all of the boxes, because Stan wasn't making the evidence available to us as much as we needed. One copy went to Randy Sue Pollock, Esq., another went to Ron Tyler, Esq., and the other copy was sent to me in Scottsdale, Arizona.

Because we had spent approximately part of two to three days going through the boxes, we had a good idea of what each box contained and had made a list of the paperwork we wanted to pull from each box. We were so anxious to receive our boxes, so that we could get our evidence in order and explain its importance to Randy, Don and Ron. When we received the boxes we spent days going through all of them, and were very disappointed to find some of the papers missing.

One item that was missing was a copy of Jim Ayers' FD-302, which I had been shocked to find when I was going through the boxes in the FBI's boardroom. This FD-302 reported that Robert Folkenberg (President of the Seventh-Day Adventist Church, and spiritual leader of its nine million members.) had called my friend, Jim Ayers, and told him that I was a bad and evil person, a crook and that Jim should make sure that his friends not associate with me. (Jim Ayers is the bass in the Kings Heralds Quartet. This quartet it is to Seventh-Day Adventists what the Mormon Tabernacle Choir is to Mormons.)

Jim Ayers' FD-302 also mentioned that Kenneth Emerson had also called Jim Ayers and told him that I was a bad and evil person, and to please make sure that people disassociate themselves from me. (Emerson was the treasurer of the General Conference of Seventh-day Adventists for many years.)

This was exactly the type of evidence that we needed to connect and expose the abuse of the Seventh-day Adventist leaders against me. Every time I tried to get Randy to get this evidence for our case, and make the connection between the SDA Church and my life, Randy would tell me that she had to keep the case simple and for us to stop bringing up the subject. Our defense team considered this subject to be an extremely sensitive issue.

While we were in the boardroom going through the evidence, Randy had Stan make copies of some other important paperwork for her. I don't know if Randy misplaced them, or what happened to them, but we couldn't find them for use in the trial.

I don't know how the legal system works, but I feel that it would be to our benefit to request an explanation and a copy of the video that was taken by Stan in the FBI's boardroom, so that we can find out what happened to the missing evidence. I feel that this is vital to my case.

The attached three memos will hopefully give you an idea of how devastating this has been to John Thiele and myself. We have had to live with the knowledge that SA Stan Walker tampered with evidence, and expects to get by with it while he destroys our case.

Sincerely,

David Steiner





Memo # 1

Samuel David Steiner

Scottsdale, AZ 85258

MEMORANDUM

Date: April 19, 1995

To: Randy Sue Pollock

From: David Steiner

Re: Thiele's request concerning the missing letter

I called John Thiele this morning and told him that I had sent you a memo yesterday. Thiele requested that I ask you not to tell anyone what the color of the envelope is we are looking for. Thiele said that this would just be a clue for Walker to find that one item, and not produce the rest of the items from Fowler.

We thought that the judge had ordered that everything in the boxes be copied and sent. John Thiele and I both remember seeing other paperwork from Fowler, that doesn't seem to be in the copied material that Walker was kind enough to allow to be copied.

There are distribution agreements, royalty agreements, drafts of those agreements and letters from Gift of Health attorneys concerning those agreements. But notes, cards and letters from Sandra Fowler are not in the copied material Denise and I have gone through.

Many of the cards that I would get from Fowler would have little notes or letters inserted in the card. John Thiele told me that what he remembers seeing in the FBI room last year was a letter folded into a card. I had stated in the December 14, 1994 letter to you that I thought that Thiele had seen the letter with another card. Thiele believes that this letter was folded into a card, not in with another card.





Memo # 2

Samuel David Steiner

Scottsdale, AZ 85258

MEMORANDUM

Date: April 22, 1995

To: Randy Sue Pollock

From: David Steiner

Re: obstruction of justice?

Bleecker told John Thiele and me that it was imperative that Bleecker send the attached letters by certified mail, as well as by regular mail, to Wildman and to Polly Wood, so that they would know about the firing of each other and the demand for the return of records.

It appears that several months later Polly Wood proceeded to turn over some of Gift of Health's records to the attorneys for Richard Tatalovich without contacting the directors, shareholders or attorneys for Gift of Health, Inc.

Polly Wood then proceeded to act as an agent for Stan Walker by bringing to Walker, on several occasions after December of 1991, material related to Gift of Health, Inc.

In June of 1992, Wildman flew to Nashville, Tennessee, where he met with Lowell Plubell, Polly Wood and Robert Knipple. They were present at a contempt hearing that Helen Rogers attempted to conduct. At that July 1992 hearing they saw Rogers ask the judge to put John Thiele, Denise and me in prison.

Wildman was aware that the personal Gift of Health records that he held could and would become very important evidence. Especially the handwritten notes he took of the June 1991 Tennessee Saturday night meeting. I don't believe that Wildman would ever have gotten rid of evidence without the permission of Walker.

I believe that Stan Walker has set me up because:

Fowler's pink paper letter to me is missing from the evidence.

No accounting records are in all of the material presented by Walker. Polly Wood may have gotten rid of the final drafts of the books that we worked so hard to prepare.

Bleecker is holding back his personal notes.

Wildman got rid of his personal notes before he met with Criswell. Notes that exculpate me.

I can't find papers that Walker copied for us the first time we looked through the evidence. These are notes, from phone calls to William Bleecker, explaining to Bleecker the hypnotherapy sessions I was taking from Sandra Fowler and their purpose.

I can't find the FD-302s of Jim Ayers, Marvin Piper, M.D., and others.

Is it possible that Walker is changing his strategy in this case? If so, could someone be giving Walker access to the material I have been writing so that he can continue to attempt to set me up? If Walker is such a respected agent, how far is he allowed to go in setting me up before it gets called obstruction of justice?





Memo # 3

Samuel David Steiner

Scottsdale, AZ 85258

MEMORANDUM

Date: February 21, 1995

To: Randy Sue Pollock

From: David Steiner

Re: papers might be missing

I have now gone through the boxes that were copied and sent from the FBI. I was doing a basic overview of what was in each box while examining each paper close enough to determine that I can't seem to find the Sandra Fowler letter that Denise filed in the boxes that were taken from storage from Utah by Stan Walker and/or associate.

John Thiele has indicated to me that he saw the letter during his first time through the boxes on the 13th floor of the Federal building in San Francisco, CA. This was during the few hours that Walker granted us to review thousands of pages of evidence while Walker watch and operated the video camera with that very large projecting microphone.

Mr. Walker could most likely find the pink paper as he or one of his friends reviews the video tape that I am sure that he must have kept. This would help us determine which box the letter should be in.

I am grateful that Walker videoed our visit for this reason. I remember how concerned we were not to have comments picked up by the video.

I have also not found the six or seven vital papers that we asked Mr. Walker to copy for us.

I don't want to sound paranoid so could anyone help me know how to come to terms with what to call this type of situation.


















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The chronicle of events surrounding the wrongful indictment, imprisonment and prosecution ofDavid Steiner and John Thiele was prepared at the request of two federal criminal white collar defense teams.

This document was given to an officer of the court in the federal white collar criminal case entitled US vs. Steiner, case number CR 93 0486 DLJ, in the United States District Court for the Northern District of California.

If you read something at this website that you do not agree with or wish to challenge, an effort will be made to introduce you to the criminal division of the US Justice Department or a federal judge who is conversant with U. S. vs. Steiner. These officers of the court may provide you the opportunity to put your freedom on the line by either telling the truth or adding to the perjury that has been given and/or suborned regarding Mr. Steiner or Mr. Thiele.