Andres “Andy” Esquivel’s public defender filed a motion with the second district court of Davis County on Wednesday formally requesting to be released from the case.  In the filing Mr. Albright described Andy’s actions as “repugnant” and stated that the attorney client relationship had been “irreparably damaged” by Andy’s pretrial activity.  This is EXACTLY what we stated would be the reason for Albright’s departure when we first learned about it from the court last week.  The trouble with Andy, besides the fact that he’s a pathological lying sociopath, a dead-beat dad, and a convicted felon, is the fact that he doesn’t know when to shut up!  This is the SECOND attorney that Andy has driven away by his psychosis and if he is not careful he will end up having to represent himself in this case because no competent attorney will represent him.  Albright has nominated conflict attorney Julie George to represent Andy for the duration of the trial.
The memorandum filed with the court on Wednesday states the following:
Utah Rules of Professional Conduct, Rule 1.16 (b) (4) states that where representation has commenced, the lawyer shall withdraw from the representation of a client if “the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement”.
  1. Mr. Esquivel has recorded conversations I have had with him.  His recordings include conversations taken place at the courthouse, on the telephone, text messages and include conversations defendant had with my investigator Carl Hurst.
  2. Most, if not all, of these conversations and text messages have been posted on the internet.  These conversations have also been sent to news outlets, reporters, business associates of Mr. Esquivel and to the case prosecutor, Nathan Lyon.
  3. One of Mr. Esquivel’s associates is Allen Brady.  On the 16th of January Mr. Brady called me and set up a meeting with Mr. Esquivel, Mr. hurst, and myself.  Mr. Esquivel did not show up, but Mr. Brady did.
  4. Two days after we met with Mr. Brady, Mr. Esquivel posted on the internet under the subject heading “Why was Allen Brady threatened” (a copy of what was posted is attached).  Mr. Esquivel states that we threatened Mr. Brady not to testify.
  5. Later on page 2, Mr. Esquivel talks about a video he has whereby I talk to him about the evidence of the case.
Conclusion:
I have found the actions of Mr. Esquivel repugnant and obviously have a fundamental disagreement with him recording attorney client conversations and posting them on the internet and specifically sending them to news outlets, reporters, and the prosecutor in the case.  Because of the above actions the attorney-client relationship has been irreparably damaged to the point that counsel can no longer provide effective assistance.
William J. Albright
Mr. Albright then attached a psychotic, rambling email from Andy in which he goes on and on about Allen Brady testifying and about the $100,000 he stole from Melissa Garr.  The email states:
Mr. hurst all my witnesses, you know the ones you guys have not called, have spoken with Allen Brady the man that was called to Bountiful 01/17/13 and threatened not to testify & you guys can’t tell Allen to stop recording especially in Bountiful where they attacked us!  All Xtagged owners have asked for my attorneys phone number provided in this video for Xtagged owners & media ONLY that’s why the video is unlisted: http://youtu.be/t4S4WDr2PDg
but most Xtagged owners say they are writing letters to judge Connors including Allen Brady.  I asked them to wait until I have my meeting with you & Albright over Skype this coming week!
Every time Holje or Albright have presented so called evidence I shot it DOWN!  I recorded Brian Davis laugh about $100,000 he had and Melissa Garr supposedly gave me listen to my attorney http://youtu.be/t4S4WDr2PDg
FYI- the new so called evidence you hear public defender talk about in video above was also shot down call Allen Brady asap he has all details.  Ryion’s checks prove he scammed Logan Laws look http://youtu.be/-iGbB11Sdt8
So Andy and his brainless accomplice Allen Brady have done it again.  No doubt Andy’s first attorney Michael Holje resigned the case for similar reasons.  We’ve seen in emails provided by Andy Esquivel himself that Michael Holje was concerned about evidence that he stole $100,000 from Melissa Garr, and it’s clear that this evidence is damning enough to rattle Andy into driving away another lawyer!  Obviously there is some truth to Ms. Garr’s allegations if Andy continues to go completely insane every time the question is raised by his own attorneys.
Why is Allen Brady still so involved in these proceedings anyway?  Doesn’t he realize after all this time that he isn’t helping Andy in the least?  Everything he’s done to try to help Andy in this case has only made things worse!  He began by claiming against all reason that Ryion Butcher and I would be facing eminent jail time in this case (in which we’re not even defendants), bragged that the case was being moved to Colorado for some reason, spent thousands of dollars he didn’t have paying for an attorney who subsequently quit because he realized Andy was guilty, and now has so inflamed tensions between Andy and his public defender that Andy is left without legal representation in a felony fraud case that could carry up to 25 years in prison for Andy if he’s convicted!  If ever a brainless monkey walked the Earth in the clothes of a human being it must be Allen Brady…the man has the intellectual capacity of a grape!
To say the least, Tuesday’s pre-trial hearing should be interesting.  The court will appoint Andy a new public defender and that attorney must figure out a way to keep her client under wraps until trial.  She also needs to put Allen Brady in his place and convince the Judge that Andy Esquivel is mentally competent to stand trial…whew!  Talk about having your work cut out for you.
Good luck with that Julie.  Personally I think you should file a gag order against Andy and enter a GUILTY plea on his behalf.  I don’t know how Andy would pay restitution to his victims, but at least he’d be out of everybody’s hair for a little while.
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  1. In the following email [PDF] which Andy Esquivel sent on June 29th, 2010, Andy announces to his followers that they are all “Billionaires!!!!!!”.  The a doctored image of a mysterious device is then proudly attached to the email in order to convince Andy’s followers that soem new Xtagged invention has been released that will ensure them instant fame and fortune!
    Unfortunately for Andy, the device was neither an Xtagged product at all, but a prototype LG spart-phone concept from LG (actual photo to the right).
    Notice how Andy whites out the product details so nobody with an IQ below 20 will realize that he’s stolen the image off the web?  Notice also the amateur  ”Xtagged” logo added to the device with Microsoft Paint because Andy can’t afford Photoshop?
    This is one of the last times Andy will affix the Xtagged logo to his falke inventions, because soon afterwards he would start labeling everything as Wiser Technology.  it’s amazing hos transparent Andy’s scams were back then!
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  2. Andy Esquivel gets tough on the court!  On April 10th, Andy posted the following on his Diigo blog:
    04/08/2013 Ladd Q. (6924 read) – karmacause@ymail.com – WHY are the plaintiffs paperwork called securities but not Ladd’s, Allen’s, Jeff’s, etc. all true Xtagged owners want this fake securities case dropped A.S.A.P!
    As you can see, Andy is mad!  He wants to know why Ladd Quayle’s Xtagged paperwork isn’t referred to as a “security” while the Ryion, Chris and Kyle’s paperwork is.  That is a very good question, and it’s probably something Andy can ask the court on May 14th at his pre-trial hearing.  If Andy is forceful enough about this apparent discrepancy  he might actually be able to convince the judge to throw the case out prior to the June 12th trial date.  Andy might even consider presenting the judge with Allen Brady’s paperwork, as well as paperwork for the shares sold to his cousins and aunt to bolster his case.  If the court is so convinced that Ryion, Kyle and Chris’ paperwork all constitute ‘securities’, then you would think the Utah courts would have said something about the paperwork of those other Xtagged owners as well.  I’m sure there’s a valid reason why only the paperwork for these three defendants was considered when bringing securities fraud charges against Andy, but he has a right to know what those reasons were.
    Good luck Andy!  Maybe you should consider writing a letter to the court to expedite the process.  You’ll have to include all the subject paperwork as to add weight to your case for a dismissal, but at least you won’t have to wait until May 14th for a decision.
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  4. Wiser No Phone Zone (fake app)
    Andy Esquivel’s fake “Wiser No Phone Zone” app to debut at trial on June 12th!  Andy has stated in recent blog posts that:
    “The men connected to 2008-2013 conspiracy will be charged with drivers deaths for the last three years Wiser N.P.Z app would have saved lives.”
    It’ll be exciting to hear Andy’s testimony about this fake app, which Andy claims that he donated to a deceased child in Colorado, in court on June 12th.  I’m sure the jury will be impressed.  If Andy can convince the jurors that all these marvelous, life changing inventions could have come to market and saved lives were it not for the “evil Xtagged conspiracy” and the “false charges” against him, then he might have a chance at securing a not guilty verdict.  At the very least it will make for a hugely entertaining trial!
    I’ve attached a screen shot of Andy’s fake app to this blog post.  If you look closely you can tell the image is doctored with a cheap photo editor and isn’t really an image taken form a phone.  If you search the app store, you’ll further discover that no such app exists either on Android or iOS.  in fact, “Wiser Technology’ doesn’t even have a developer license for either platform.
    Personally i think it’s sick for a con-artist to leverage the deaths of innocent people to pump up his own scams, but that’s just me.  What do you think?
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  5. Psychedelic Andres EsquivelUnder the new YouTube profile “UtahVenger” (which must be some kind of super-hero alter-ego or something), Andy has released a “psychedelic” new music video.  The video starts off with Andy going over the evidence he’s compiled to comply with the March 26th discovery deadline in his securities fraud case.  He talks about Rebecca Dunn’s stack of evidence, and then mentions a man named Brian Davis, who Andy admits he tried to scam out of $100,000!  Next Andy cuts over to a scene where he’s driving to Farmington Utah to deliver a stack of papers to his former attorney and then the music starts.
    The camera is shaky, the music is funky, it’s altogether like something out of the 1960s.  Andy spends the rest of the music video showing screen shots of his various Diigo posts, which collectively point to a vast conspiracy to endanger children by stifling Wiser Technology in it’s good and noble work to save humanity.  Andy posts the following in support of this claim:
    Amazing the end music is genius “Foster The People – Pumped Up Kicks [LYRICS]” Media this highlights my email to you & the authority’s that the stall tactics Albright & Hurst were engaging in kept Wiser technology ideas from saving children’s lives, I emailed some of you media the idea to prove, it was a donation to CHS! The song is warning for kids to run for now because WT has its hands cuffed or tied by Utah Davis court. This is truly Karma Cause “Desperation Breeds Creativity”
    I’m actually kind of curious as to whether this “Wiser Technology can save kid’s lives” thing is part of Andy’s defense?  The irony is that if Andy can convince a jury that Wiser Technology could have saved the lives of many children were it not for the Xtagged conspiracy, he might actually win enough sympathy to force a not-guilty verdict.  Hopefully Andy doesn’t catch on to that fact and sticks to Xtagged.
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  6. Andress "Andy" Esquivel
    In spite of the fact that Andy Esquivel has now lost two attorneys because of his propensity for mouthing off online, our little friend from Colorado still hasn’t learned his lesson.  Andy is now posting on YouTube and claiming that I’m somehow going to “prison” in connection with HIS securities fraud case.  Just for fun I went ahead and called Andy out by pointing out that in fact he was the one facing fraud charges and the potential of jail time not me, to which Andy responded:
    “Yeah Andy is in prison right ‘Bountiful BOY’”
    Apparently, Andy has forgotten that the only reason he’s not in prison right now is that his mother bought a $10,00 bond through Surety Bail Bonds to secure his release.  Because Andy has such a short memory and is getting more and more cocky about being able to walk the streets in spite of his recent incarceration and upcoming criminal trial, I thought I’d go ahead and post the details of his bail bond (which is a matter of public record) for our readers to inspect and enjoy.
    As you can see from these documents obtained from the court, Andy’s mother Jobita Berriel secured the $10,000 bond for her son’s release with a down payment of $540 in cash on 7/29/11 and the promise to pay the $500 balance on 8/6/2011.  Without this bonding agreement with Surety Bail Bonds, Andy Esquivel would still be in prison awaiting trial.  Since Andy has no money and no job, there is no way he would have been able to come up with the money himself.
    Enjoy freedom Andy!  Unless you’re able to prove the existence of an Xtagged conspiracy, it might not last.
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  7. The audio transcript of Andy Esquivel’s February 26th pre-trial hearing is online now exclusively at Xtagged.co!
    Andy has been bragging on his various scam blogs that you can call the court and order “video” of the proceeding, but (as usual) Andy is lying.  No video is available of the hearing, only the audio we provide here.
    The hearing itself was pretty uneventful, despite Andy’s attempts to instigate some sort of drama for the sake of his limited (and shrinking) online audience.  It consisted mostly of the court trying to move forward with the relatively mundane business of scheduling a trial while Andy repeatedly threw out excuses as to why he wouldn’t be able to comply with courtroom procedure, including a motion for discovery.
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  8. Andy Esquivel has posted another psychotic video in which he rants about his former public defender William Albright in a display that is almost certainly a ploy to convince the judge that he is mentally incompetent to stand trial.  Here’s the video:
    The video is a rambling mess in which And accuses Albright of basically being computer illiterate, and then accuses him of posting a YouTube video making fun of Andy, which makes zero sense.  The video is eleven minutes of absolute garbage that’s almost painful to watch.  By the end of the video Andy even accuses me of being some sort of super-hacker who breaks into government networks and does who knows what, which he claims is the reason he ‘fired’ me from his Xtagged scam.  …yes, this contradicts Andy’s previous stories explaining why he supposedly ‘fired’ me from his fake company.
    Andy claims to have filed some sort of complaint against Albright with the Utah Sate Bar and claims that is the reason he ‘fired’ Albright.  Of course he makes no mention of the court filing in which Albright dumps Andy as a client because he found Andy’s actions “repugnant.”  There’s no evidence of any Utah Bar filing, but I’m sure Andy will post another video soon with screen shots of the letter he sent in an effort to scare other attorneys who might try to give him legal advice in the future.
    According to Andy’s rant, William Albright and I are working together to expose the Xtagged scam, and Michael Holje is also involved.  The centerpiece of this conspiracy is the prosecutor in Andy’s assault trial in Bountiful where Andy plead guilty to ‘disturbing the peace’ in order to avoid a jury trial where he would almost certainly have been convicted of much more serious charges and possibly jailed.  Andy claims the the prosecutor in that case orchestrated a state-wide scheme to kidnap him, suppress evidence of the abduction, and hand his body over to a shadowy government agency interested in dissecting his under-sized brain.  You think I’m kidding?
    Andy spends several minutes trying to explain that he doesn't own WiserElectronicCigarette(s).com even though links to the domain can be found in all corners of his various websites and he used to brag about the website publicly and in Youtube videos which we have archived here on this website.  The reason Andy disavows the domain is that is was hacked ages ago and Andy was never quite able to figure out how to fix it.  He’s also afraid to admit that the people who built his original WEC website (a couple of gullible kids from an outfit called  Social Fuel) quit when they realized Andy couldn't pay them for their work.
    It’s an entertaining video, if a bit hard to follow at times.  Personally I think Andy is losing his mind.
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