1

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Document Code:
Zach Coughlin,Esq.
NV Bar No: 9473 currentl! sus"ended#
$% B%& 39'(
)eno, NV *9+,+
-ele"hone and .a/: 949 ''7 74,0
Counsel 1or De1endant Coughlin
2N -3E 456-2CE C%5)- %. )EN% -%7N632$
2N 8ND .%) -3E C%5N-9 %. 7863%E, 6-8-E %. NEV8D8
6-8-E %. NEV8D8:
$lainti11,
;s.
Z8C38)9 C%5<3=2N:
De1endant.
#
#
#
#
#
#
#
#
#
#
C86E N%: )C)0,((>,'334(
DE$-. N%: 0
MOTION FOR MISTRIAL AND MEMORANDUM OF LAW
C%?E6 N%7, Z8C3 C%5<3=2N, E6@., and 1iles the aAo;e titled document on his oBn
Aehal1 and it is Aased on the argument and authorities herein, and the attachments. $lease note, this
is suAmitted 1or 1iling Bith the understanding that Couglin Bas adCudged com"etent A! the e;aluator
1rom =aDes Crossing, ?r. Durante, Aut Bith the ca;eat that it is onl! Aeing suAmitted "rior to an
actual %rder Aeing entered A! 4udge 61erraEEa 1inding Coughlin com"etent and thus, no e/hiAiting
the ;iolations o1 N)6 (7*.4,+ "re;iousl! dis"la!ed A! DD8 9oung, 7C$Ds =eslie, and
<oodnight, co>signed A! their su"er;isor 4erem! Bosler# in light o1 CoughlinFs reasonaAle Aelie1 that
local laB en1orcement and or "rosecutors Bill soon ha;e him suACect to !et another round o1
retaliator! arrest and "rosecution, Bith all the attendant unnoticed Aail hearings increasing his Aail
ten1old, and de"ri;ations o1 e;en the most Aasic items necessar! to accessing Custice liDe "iece o1
- 1/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"a"er to Brite a 1iling on, or the aAilit! to maDe a "hone call Bith mone! o1 oneFs oBn Au!ing a
calling card in a "eriod o1 time less than, sa! (4 da!s aAout hoB long it tooD 1or the 2oBa com"an!
Coughlin Aought his last Cail house calling card 1rom to deli;er the item, until Bhich time Coughlin
Bas unaAle to connect Bith e;en one "erson on the outside in light o1 the atrocious Gcollect callingG
"hone s!stem the 7CDC has set u", Bhich is largel! ine11ecti;e 1or calling cellular "hones, Bhich is
Bhat the maCorit! o1 8merica is using these da!s, and Bhich are not listed in the !elloB "ages, and
Bhich most "eo"le do not Aother to rememAer the numAers 1or gi;en the s"eed dial "rogramming
most cellular "hones are ca"aAle o1#. -he 7C$DFs o11ice re1used to assist Coughlin in an! Ba! Bith
these communiction Bith the outside Borld issues ham"ering his "re"aration 1or the 4ul! ('th, 0,(0
-rial in )C)0,((>,'334( Coughlin Bas Arought to the )4C to stand 1or, in Cail GredsG, shacDled
hands and 1eet, Bith a )4C Baili11 Bhom "re;iousl! threatened to G"ut m! 1oot u" !our assG in
res"onse to requests 1rom assistance A! =eslie a1ter Coughlin sought to ha;e DnoBledge o1 the
Gcounter motionsG =eslie Bas maDing against CoughlinFs Bishes in earl! No;emAer 0,((# sitting 1i;e
1eet aBa! 1rom Coughlin and threatening to incarcerate Coughlin e;en 1urther should he dare to e;en
looD to the AacD o1 the courtroom, e;en to see i1 his mother Bas there in attendance. -his 1iling
oA;iousl! Bould Aene1it 1rom a good edit and more a""ro"riate tone, and Coughlin a"ologiEes in
ad;ance 1or an! untoBard commentar!, "articularl! an! in;ol;ing the Court, Bhom Coughlin has
great res"ect 1or and considers unmatched, at least in Ne;ada, res"ecting the aAilit! to alloB litigants
and de1endant to sa! Bhat it is the! reall! 1eel Bithout the threat o1 a Gsummar! criminal contem"tG
"unishment immediatel! 1olloBing. 7hile there is a N)6 +3.,4+ Declaration contained herein, it is
made Bith the understanding that this 1iling is made on an e/igent Aasis in light o1 the "ro1ound
liDelihood o1 a retaliator! arrest occurring sometime soon, and Bith the ca;eat that com"uter
dictation so1tBare that has not Aeen all that Bell trained !et to CoughlinFs ;oice Bas utiliEed in the
- 2/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
maDing o1 some o1 Bhat 1olloBs, and that the Brong Bord is inter"reted 1rom CoughlinFs s"eech at
times. 21 Coughlin could Ae sure he BouldnFt Ae reincarcerated an!time soon, he Bould "re1er to taDe
another BeeD to BorD on this and Aoil it doBn to +, "ages...2Nde/ to E/hiAits
(. E/hiAit (: ;arious rele;ant materials, including V2DE%,,99 and V2DE%,(,,, all three 9(( calss
0 A! <oAle, one A! Coughlin#, three ;ideos A! Coughlin o1 night o1 arrest one including the 1irst
+:++ that %11icer Duralde Bas on the scene, the "olice re"orts and Bitness statemnts, in;estigator!
inter;ieB audio and ;ideo, documetnar! e;idence: ( CD and (,,(+ "ages o1 documents
a courtes! digital co"! o1 this 1iling and its e/hiAit is 1ound here: htt"s:HHsD!dri;e.li;e.comHredirI
residJ43,*4'3*.30.+.0*K3',,
.8C-6
(. %n 8ugust 0,th, 0,(( at aAout ((:(+ "m de1endant Zachar! BarDer Coughlin arri;ed at
the Best side o1 the sDate "laEa at (, N. Center 6t. in 1ront o1 )enoFs Cit! 3all and the Cal>Ne;ada
"arDing garages. 7ithin a minute or tBo o1 sto""ing there and resting 1or a minutes Bith his dog,
4acDson $aBlucD, a three !ear old $eDingese Coughlin Bould taDe on dog runsHAiDe rides
occasionall! carr!ing $aBlucD Bith him on the AiDe# Coughlin, Bhile stationed at the Best side o1
the "erimeter o1 the sDate "laEe ;ieBed and heard Gthe man Bith a si/ "acDF hold u" an i$hone and
indicate that he had Cust 1ound it on the ground there, and that he Bas o11ering it u" 1or someone to
claim. E;entuall!, that man held the "hone alo1t, indicating that this Bas the Glast chanceG and that
he Bas Ggoing to throB it in the ri;erG. 2n the in;estigator! ;ideo and audio recordings taDen A!
Coughlin, Bhich he declares under "enalt! o1 "erCur! he has not altered in an! Ba!, )oAert DaBson
and Nate Zarate admit that the! Aelie;e the Gman Bith the si/>"acDG ga;e Coughlin the "hone Aased
u"on the circumstantial e;idence that the! "ersonall! e!e>Bitnessed Coughlin go u" to the man Bith
the si/>"acD shortl! a1ter he held it alo1t, o11ered it u", and a1ter the man threatened to throB it in the
ri;er i1 someone did not claim it immediatel! Nicole 7atson admits hearing the Gman Bith the si/>
- 3/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"acDG sa! this, Bhereu"on, in V2DE%,,99, Zarate is seen and heard attem"ting to dissuade her 1rom
sa!ing an!thing 1urther Bith regard to the material 1acts as she Bitnessed them, "articularl! Bhere
the! de"art 1rom the ;ersion Zarate has "ro;ided to the )$D and or in his Bitness statement#.
DaBson and Zarate Aoth admit in the ;ideos taDen A! Coughlin that the! did not "ersonall! e!e>
Bitness the man Bith the si/>"acD gi;e Coughlin the "hone, Aut rather made that in1erence u"on
questioning that man and determining that he no longer had the "hone a1ter Coughlin 1inished
interacting Bith him. Zarate states something in V2DE%,,99 to the e11ect that he DneB Coughlin
had the "hone Aecause the man Bith the si/>"acD no longer had the "hone u"on their questioning
him. 3oBe;er, in his trial testimon! Zarate indicates, in res"onse to a direct question 1rom 4udge
61erraEEa, that he did, in 1act, G"ersonall! e!e>BitnessG Coughlin Ae gi;en the "hone A! the man a
1ar cr! 1rom the Ggrabbed the "honeG that <oAle and DaBson "re1er to use in descriAing their
GrecollectionG o1 this incident. 6hortl! a1ter the man Bith the si/>"acD held the i$hone alo1t,
Coughlin made a cou"les la"s around a""ro/imatel! hal1 o1 the easterl! side o1 the sDate "laEa, in a
sloB meandering 1ashion, Bherein he distinctl! recalls looDing at =uc! B!ington and Nicole 7atson
a senior at ?c@ueen 3igh 6chool along Bith =uc! B!ington and 8ustin =icht!# as he rode "ast
them, and the! made e!e contact Bith him. Coughlin then once again sto""ed riding his AiDe, his
dog in toB, and adCusted his music "la!er, Bhereu"on he Bas accosted A! three !ounger men, Bhom
a""roached Coughlin together, in unison: Core! <oAle, 8ustin =icht!, and the man Bhom until
1urther identi1ied Bill Ae re1erred to as G5.C <u!G, an earl! tBenties male Bith 1rosted Alond
highlights in his darD hair, gauged earloAes meaning he had Bind Aottle corD liDe items squeeEed
into holes 1ashioned in his earloAes#, and an G811lictionG laAel t!"e AlacD t>shirt.
0. <oAle immediatel! demanded Coughlin gi;e him AacD <oAleFs "hone. <oAle testi1ied that
Coughlin indicated that he did not ha;e an! "hone that Coughlin s"eci1icall! DneB Aelonged to
- 4/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<oAle. 2mmediatel! <oAle and his tBo other initial aggressors Aecame hostile Bith Coughlin and
attem"ted to reach in CoughlinFs "ocDets, graA his AiDe and dog, and otherBise escalate the situation
to one "otentiall! in;ol;ing ;iolence. Coughlin did not 1eel a "hone ;iArate or hear an! sort o1
sounds at all an! "hone during this or an! other time that night, nor did he Bitness a "honeFs screen
lighting u" to indicate an incoming call or other such noti1ication, much less those associated Bith a
;iArating ringer at an!time near or around the ((:0( "m time Zarate alleges he called the "hone. -he
1act that a "hone had Cust Aeen o11ered u" to all Bithin, sa!, (,, !ards thatFs hoB loud the man Bith
a si/ "acD announced he Bas o11ering u" the "hone, and that he Bas going to throB it in the ri;er i1
someone did not claim it immediatel!# in an e/tremel! im"lausiAle manner, 1raught Bith the
"ossiAilit! o1 a 1ree 1or all 1or it, made Coughlin more than a little Bar! o1 the "ossiAilit! that an!
such "hone Bas not the !ouths, and that the! Bere Cust late to an! alleged claiming o1 the "hone 1rom
the ri;erFs gras", and or that ;iolence ma! ensue, or "ossiAl!, that an! such "hone ma! Ae one o1
theirs, and that a Brong1ul "rosecution 1or larcen! against Coughlin could ultimatel! occur, des"ite
the 1act that Coughlin lacDed an! larcenous intent that night. -here has !et to Ae an! ;alid,
uncontradicted, un"erCured testimon! or o11er o1 e;idence that Bould not Ae suACect to the
e/clusionar! rule u"on a a "ro"er a""lication o1 it u"on actual Eealous ad;ocac! Aeing "er1ormed# to
indicate that Coughlin Bas in "ossession o1 the i$hone <oAle alleges Bas his. Coughlin Bondered at
the time, that, assuming he Bas in "ossession o1 the "hone, Bhether he Bould Ae cul"aAle i1 his intent
Bas alBa!s to determine Bhat the laB required o1 him in such an unusual situation, Bhere, had
Coughlin not, h!"otheticall!, claimed the "hone, it Bould ha;e Aeen rendered com"letel! Borthless
A! Aeing GthroBn in the ri;erG. 6uch a h!"othetical situation Bould Ae signi1icantl! di11erent than a
mere Glost or mislaid "ro"ert! as larcen!G scenario. Any further argument herein directed to the
idea that Coughlin was in possession of any phone belonging to Goble, or anyone other than
- 5/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Coughlin, that night, it merely made under a hypothetical construct that assumes Coughlin
did, in fact, have possession of such an item (which has not been established by the State,
rather, the State has offered testimony it knows to be false and purported evidentiary matter
that could have only been obtained through a violation of Coughlin's constitutional rights. 21
Coughlin did, in 1act, oAtain such a "hone 1rom the man Bith a si/>"acD, it Bas arguaAl! aAandoned
"ro"ert! and Coughlin sa;ed it 1rom going in the ri;er. .urther, CoughlinFs intent has alBa!s Aeen
and Bill alBa!s Ae, to com"l! Bith Bhate;er dut! he had under the laB to 1ind the true oBner,
hoBe;er, sim"l! turning a "hone o11ered u" in such a "uAlic manner to hostile and questionaAl!
Aeha;ing !oung adults such as the initial three aggressors to accost Coughlin, did not seem too liDel!
to align Bith an! dut! to 1ind the "honeFs true oBner that Coughlin ma! ha;e had. 7hat ha""ened
therea1ter has largel! Aeen ca"tured on ;ideo or audio, Aut, essentiall!, CoughlinFs action indicated an
intent to "rotect himsel1 1rom Brong1ul "rosecution and or an! ;iolence to an!one ensuing, and,
"erha"s, to, hoBe;er ill>ad;isedl!, see Bhat the state o1 the .ourth 8mendment Bas in )eno,
Ne;ada, not an intent to maDe aBa! Bith a "hone not Borth L', at the time, es"eciall! a1ter such a
"uAlic dis"la! o1 consternation as to Bhom the "honeFs true oBner Bas.
$%2N-6 8ND 85-3%)2-2E6
2n Ne;ada, its is ;er! im"ortant to consider Bhether the requisite intent Bas there at the time
o1 the alleged act constituting the1t. 2n this case, clearl!, that it Bas not "ossiAle 1or such intent to Ae
"resent at the time o1 the GtaDingG. Intent of finder: E;er! taDing A! one "erson o1 the "ersonal
"ro"ert! o1 another Bithout his consent is not larcen!: and this although it is taDen Bithout right or
claim o1 right. 6u"eradded to this there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an intent to con;ert them aAsolutel! to his
- 6/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
oBn use must coe/ist Bith the act o1 1inding. 2f such intent does not exist at the time of the
finding, Aut, instead, the 1inder intends to restore the "ro"ert! to the oBner, a subsequent
concealment, or fraudulent appropriation, does not constitute larceny. Ne;ada: State v.
Clifford, 14 Nev. 72, 33 Am. Rep. 526 1879# .
6o the rule clearl! deduciAle 1rom the authorities is that i1 the 1inder o1 lost articles neither
DnoBs nor has an! immediate means o1 ascertaining the oBner, and a""ro"riates them to his oBn
use, he is not guilt! o1 larcen!, Bhate;er ma! Ae his intent at the time. 21 he does DnoB, or has the
immediate means o1 ascertaining, Bho the oBner is, there must Ae a 1elonious intent to steal at the
time of the taking in order to constitute larcen!: and a suAsequentl! 1ormed intent is not su11icient.
BreBer ;. 6tate, 93 8rD. 479, 3, =.).8. N.6.# 339, (0+ 6.7. (07 (9(,#.
)E6$EC-2N< -3E G)ECE2V2N< 6-%=EN $)%$E)-9 C38)<E
COUNT TWO:
NRS 205.275 Offense involving stolen property: Definition;
penalty; restitution; prima facie evidence; determination of value
of property:
G(. 8 "erson commits an o11ense in;ol;ing stolen "ro"ert! i1 the
"erson, 1or his or her oBn gain or to "re;ent the oBner 1rom again
"ossessing the oBnerMs "ro"ert!, buys, receives, possesses or
withholds property:
a# Knowing that it is stolen property: or
A# Under such circumstances as should ha;e caused a
reasonable person to know that it is stolen property...
... '. .or the "ur"oses o1 this section, the ;alue o1 the "ro"ert!
in;ol;ed shall Ae deemed to Ae the highest ;alue attriAutaAle to the
"ro"ert! A! an! reasonaAle standard.
7. 8s used in this section, Nstolen "ro"ert!O means "ro"ert! that
has Aeen taDen 1rom its oBner A! larcen!, roAAer!, Aurglar!,
emAeEElement, the1t or an! other o11ense that is a crime against
"ro"ert!, Bhether or not the "erson Bho committed the taDing is or has
Aeen "rosecuted or con;icted 1or the o11ense.G
- 7/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-he Com"laint does not allege an! 1acts to suggest that Coughlin DneB or should ha;e
DnoBn the i$hone to Ae Gstolen "ro"ert!G. No "roAaAle cause. But most u"setting o1 all to the
6tateFs case is that the 8mended Com"laint Bhich Bas 1iled DecemAer +th, 0,(0, Bell a1ter the ',
da! s"eed! trial right, ;er! "reCudicial to CoughlinFs case, and the docDet has it Brong, it BasnFt 1iled
8ugust 04th, 0,(0# 1ails to indicate that Coughlin Grecei;edG the "ro"ert! 1rom someone other than
Coughlin. 8nd 4udge 61erraEEa questioned Bhether that Bas actuall! a requirement. 2t is: checD
out 7est headnotes under )ecei;ing 6tolen $ro"ert! at 304D73#: PirA!, (9 6. Ct. +74. Must
allege the good were received from someone other than the defendant: Gaddis, 424 U.S. 544,
Allen , 96 NE 2d 446, Polk, 749 SW 2d 813.
$%=P ;. 6-8-E, 749 6.7.0d *(3 (9**#: G8s "re;iousl! stated, the 6tate must "lead and
"ro;e that the "ro"ert! Bas stolen A! another. G
2t is: checD out 7est headnotes under )ecei;ing 6tolen $ro"ert! at 304D73#: PirA!, (9 6. Ct. +74.
?ust allege the good Bere recei;ed 1rom someone other than the de1endant: <addis, 404 5.6. +44,
8llen , 9' NE 0d 44', $olD, 749 67 0d *(3.
<addis, 404 5.6. +44, 9' 6.Ct. (,03, 47 =.Ed.0d 000 (97'#: G 8 "erson con;icted o1 ;iolating (*
5.6.C. QQ 0((3a#, A#, and d# cannot also Ae con;icted o1 recei;ing or "ossessing the roAAer!
"roceeds in ;iolation o1 Q 0((3c#. 3e1lin, su"ra, 3+* 5.6., at 4(9>40,, 79 6.Ct. 4+(. $". +47>+4*.G
G0# the 6tate 1ailed to "ro;e Ae!ond a reasonaAle douAt that the automoAile had Aeen stolen A! a
"erson other than "lainti11 in error, a...-he ne/t assignment o1 error is that the 6tate 1ailed to "ro;e
Ae!ond all reasonaAle douAt that the automoAile in question Bas stolen A! some "erson other than
- 8/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"lainti11 inerror. -o sustain a con;iction o1 recei;ing stolen "ro"ert! the "roo1 must shoB (# that
the "ro"ert! has, in 1act, Aeen stolen A! a "erson other than the one charged Bith recei;ing it: 0#
that the one charged Bith recei;ing it has actuall! recei;ed the "ro"ert! stolen or aided in
concealing it: 3# that the recei;er DneB the "ro"ert! Bas stolen at the time he recei;ed it and 4#
that he recei;ed the "ro"ert! 1or his oBn gain or to "re;ent the oBner 1rom "ossessing it. $eo"le ;.
$isEcEeD,4,4 2ll. 4'+.# $roo1 o1 these essential elements constituting the crime o1 recei;ing stolen
"ro"ert! ma! Ae made A! circumstantial e;idence. $eo"le ;. .erris, 3*+ 2ll. (*'.G $E%$=E ;.
8==EN. 4,7 2ll. +9' (9+,#. 9' N.E.0d 44'.
$E%$=E ;. D2CPE)6%N. 0( 2ll. 8"".3d 977 (974#. 3(' N.E.0d +(9: G 2t is Curisdictional that i1 a
criminal con;iction is to Ae u"held,
R 0( 2ll. 8"".3d 9*, S
the indictment must charge a crime $eo"le ;. Edge,4,' 2ll. 49,, 494>49+ (9+,#: $eo"le ;. 3arris,
394 2ll. 30+, 307 (94'##, and must contain the nature and elements o1 the o11ense in order that the
de1endant ma! 1ull! "re"are a de1ense and Ae a11orded the constitutionall! intended "rotection
against douAle Ceo"ard!. $eo"le ;. <ri11in,3' 2ll.0d 43,, 430>433 (9'7#.# 2n the instant case, the
indictment, draBn u"on the conclusional "remise that the "ro"ert! Bas stolen, 1ails to allege that it
Bas stolen A! a "erson other than the one charged Bith recei;ing such "ro"ert! and, A! this
omission, creates the "resum"tion that the "ossessor stole the "ro"ert! himsel1. 6ince one "erson
cannot Ae Aoth the thie1 and the recei;er o1 stolen "ro"ert! nor recei;e stolen "ro"ert! 1rom himsel1,
the 1act that the "ro"ert! recei;ed Bas stolen A! another Bas an essential element to Ae alleged and
"ro;ed. $eo"le ;. Ensor, 3(, 2ll. 4*3, 4*4>4*+ (903#: $eo"le ;. DalDe, 33' 2ll. 44', 44*>449
(909#: $eo"le ;. 3arris, 394 2ll. 30+, 309>33, (94'#: $eo"le ;. De;ore, 4,0 2ll. 339, 34(>340
- 9/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(949#: $eo"le ;. ?alone,( 2ll.8"".3d *',, *'3>*'4 (97(#.# =acDing this element, the indictment
1ailed to charge the o11ense o1 recei;ing stolen "ro"ert! under section ('>(d#. 8 con;iction under
an indictment Bhich does not charge an o11ense is ;oid. $eo"le ;. Edge,4,' 2ll. 49, (9+,#.
-he Cudgment is, there1ore, re;ersed....
2 1eel that the maCorit! has misconstrued the e11icac! o1 section ('>(d# in arri;ing at a conclusion
not urged A! the de1endant. -he omission o1 the Bords Gstolen A! anotherG in the indictment does
not create the "resum"tion that de1endant had himsel1 stolen the "ro"ert! 1rom the oBner. -he use
o1 the Bords GT T T DnoBingl! oAtain control o1 stolen "ro"ert! T T T under such circumstances that
Bould reasonaAl! induce him to Aelie;e that the "ro"ert! Bas stolen T T TG em"hasis added# in the
indictment clearl! im"lies that Bhen de1endant oAtained control o1 the "ro"ert! in question in an!
manner Bhatsoe;er#, the "ro"ert! had alread! Aeen stolen A! another. -hat is the "lain and ordinar!
meaning o1 the indictment.
2 Aelie;e the maCorit! ma! Ae con1using Bhat can and cannot Ae reasonaAl! im"lied 1rom e;idence
introduced at trial Bith Bhat ma! Ae im"lied 1rom the clear "hrasing o1 the indictment. 8t trial it is
not
R 0( 2ll. 8"".3d 9*( Senough 1or the "rosecution to merel! shoB that the "ro"ert! in question Bas
stolen "ro"ert! and that the de1endant Bas in "ossession o1 that "ro"ert! in order to "ro;e the
o11ense o1 the1t under ('>(d# the 1ormer o11ense o1 recei;ing stolen "ro"ert!#. $eo"le ;. Ba/a
(970#, +, 2ll.0d (((, 077 N.E.0d *7'.# -he de1endantFs une/"lained "ossession o1 stolen "ro"ert!
soon a1ter a the1t is e;idence that the de1endant stole the "ro"ert! himsel1 Aut is not e;idence o1
de1endantFs recei;ing stolen "ro"ert! DnoBing it to ha;e Aeen stolen. 6ee $eo"le ;. ?alone (97(#,
( 2ll.8"".3d *',, 07+ N.E.0d 03', and the cases cited therein.# 3oBe;er, the "hraseolog! o1 the
indictment herein "ermits a reader o1 the indictment to 1ind, e;en a1ter onl! a cursor! reading, the
- 10/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
necessar! elements o1 the o11ense, i.e., that the "ro"ert! Bas alread! stolen A! another Bhen the
de1endant recei;ed it.
7hile it ma! Ae true that the addition o1 the Bords Gstolen A! anotherG Bould maDe the indictment
more e/"licit, the addition o1 these Bords Bould onl! Ae grammaticall! redundant and mere
sur"lusage legall!.
-he indictment, there1ore, Bas su11icient to charge the de1endant Bith an o11ense under ('>(d#(#.
81ter a thorough e/amination o1 the record, 2 do not Aelie;e that the e;idence "roduced at trial Bas
su11icient to 1ind the de1endant guilt! Ae!ond a reasonaAle douAt. .or this reason 2, too, Bould
re;erse the de1endantFs con;iction.G
8""ellant correctl! argues that the standard o1 "ro;ing ;alue, 1or con;iction, is the same in
Grecei;ingG cases as in Glarcen!G and Gthe1tG cases. 3e erroneousl! urges that the state 1ailed to meet
that standard under our holding in Cle;eland ;. 6tate, *+ Ne;. '3+, 4'( $.0d 4,* (9'9#, Bhere Be
said GRtShe true criterion 1or the ;alue o1 "ro"ert! taDen is the 1air marDet ;alue o1 the "ro"ert! at the
time and "lace it Bas stolen i1 there Ae such a standard marDet.G *+ Ne;. at '37, 4'( $.0d at 4,9.
B82N ;. 63E)2.., C=8)P C%5N-9 +,4 $.0d '9+ (970#.
63E$$ ;. 6-8-E, 4*4 $.0d +'3 (97(#: GCount 3 charged 6he"" Bith ha;ing recei;ed "ro"ert!
stolen A! him during the commission o1 the Aurglar! charged in Count 0. 6ince a thie1 cannot
recei;e 1rom himsel1 the 1ruits o1 his larcen!, the Cur! must Ae instructed that it could con;ict o1
either Aurglar! or recei;ing, R 4*4 $.0d +'+ S Aut not o1 Aoth. $eo"le ;. -a!lor, 4 Cal.8"".0d 0(4,
4, $.0d *7, Cal. (93+#: $eo"le ;. ?orales, 0'3 Cal.8"".0d 0((, '9 Cal.)"tr. ++3 (9'*#:
- 11/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
?ilano;ich ;. 5nited 6tates, 3'+ 5.6. ++(, *( 6.Ct. 70*, + =.Ed.0d 773 (9'(#: -homas ;. 5nited
6tates, 4(* ..0d +'7 + Cir.(9'9#: BaDer ;. 5nited 6tates, 3+7 ..0d (( + Cir.(9''#. 6uch an
instruction Bas requested Aut the court declined to gi;e it. -his Bas error, and later acDnoBledged
A! the court to Ae such Bhen it set aside the recei;ing con;iction and ordered a neB trial on that
charge. -he a""ellate issue is Bhether that manner o1 handling the error e11ecti;el! cured it. -he
error Bas not cured A! the setting aside o1 the recei;ing con;iction since there is no Ba! o1 DnoBing
Bhether a "ro"erl! instructed Cur! Bould ha;e 1ound the de1endant guilt! o1 Aurglar!, Count 0, or
recei;ing, Count 3. ?ilano;ich ;. 5nited 6tates, su"ra. Both con;ictions should ha;e Aeen set aside
and a neB trial orderedG
6tate ;. $anse!, '( Ne;. 333, (0* $.0d 4'4 (940#: G. )ecei;ing 6tolen <oods. Criminal intent is
an essential element o1 the crime o1 recei;ing stolen goods..(7. Criminal =aB. 2n "rosecution 1or
recei;ing stolen goods, Bhere instruction gi;en A! court 1olloBed language o1 statute Bith re1erence
to accusedFs intention to "re;ent the R'( Ne;. 33,, $age 33'S oBner 1rom again "ossessing "ro"ert!,
de1endant Bas not entitled to instruction Bhich told Cur! that goods must ha;e Aeen recei;ed Bith
1raudulent intent o1 de"ri;ing oBner o1 the immediate "ossession thereo1. Com". =aBs, sec. (,33+.G
BE)N2E) ;. 63E)2.., C=8)P C%5N-9 +'9 $.0d 4,' (977# 6u"reme Court o1 Ne;ad:
G8t the conclusion o1 a "reliminar! e/amination, 3enn! Bernier Bas ordered to stand trial 1or
"ossession o1 stolen "ro"ert!, a ;iolation o1 N)6 0,+.07+.( Bernier then "etitioned 1or a Brit o1
haAeas cor"us contending the e;idence adduced A! the "rosecution Bas insu11icient to estaAlish
"roAaAle cause that she had committed the charged o11ense. -he district court considered and denied
her "etition and Bernier here reasserts the same contention.
- 12/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Bernier does not den! ha;ing "ossessed the "ro"ert!: rather, she argues the "roo1 did not shoB that
she DneB the "ro"ert! Bas stolen and that such DnoBledge cannot Ae in1erred 1rom mere "ossession.
7e agree that mere "ossession is insu11icient to estaAlish the requisite DnoBledge...G
G5nder Ne;ada laB, =ane could not Ae con;icted o1 Aoth roAAer! and recei;ing stolen
"ro"ert!. U -his court re;ersed a con;iction 1or "ossessing stolen "ro"ert! on the ground that the
legislature did not intend to com"ound the "unishment 1or larcen! or roAAer! A! "ermitting a
con;iction 1or recei"t or "ossession o1 the stolen "ro"ert! against the "erson Bho tooD the "ro"ert!.
U $oint ;. 6tate, (,0 Ne;. (43, (4'>4*, 7(7 $.0d 3*, 4,>4( (9*'#: =ane ;. 6tate, ((, Ne;. ((+',
**( $.0d (3+* (994#.
6tate ;. $ra!, 3, Ne;. 0,', 94 $. 0(* (9,*#: 2t is long standing authorit! that 1or a charge
o1 "ossession o1 stolen "ro"ert! to stand, there must Ae a shoBing o1 all the elements, and
that i1 e;en one element is missing, the charge cannot Ae maintained. 6tate ;. $ra!, 3, Ne;.
0,', 94 $. 0(* (9,*#. $ossession o1 stolen "ro"ert! does not in itsel1 "ro;e guilt o1 the o11ense.
6taaA ;. 6tate, 9, Ne;. 347, +0' $.0d 33*, 34( (974#. 2nstead, the Aurden o1 "roo1 o1 all three
elements rests Bith the
attorne! charged Bith Gsummar! criminal contem"tG one re"orted decision e;er, 2n )e Punstler.
',' N96 0d ',7.
CanFt Coin in same "roceeding a disAarment and contem"t "roceeding: DicDerson ;. 6tate (79 67
304.
- 13/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4udge Nash 3olmes continues to re1use to alloB Couglin to a""eal the Gsummar! criminal
contem"tG %rder, e;en though, gi;en the incarceration Bas ser;ed, it is a 1inall! a""ealaAle order,
see <ilman 07+ V. Comm 474, '+7 6E 0d 474.
Bi1urcate disci"linar! matters:
2n re $ore" Ne;. (94(# ((( $.0d +33, 2n re Paemmer, (7* 67 0d 474, -errell ;. ?iss. Bar '3+ 6o
0d (377, ?att o1 Briggs +,0 NE 0d *79, 2n )e 3ines 4*0 8. 0 37*, triem 909 $.0d '34, 6mith *+ $.
+04, 2n re .insh 07 8. 3d 4,(, 2n re Character, 9+, NE 0 (77, -oledo ;. CooD ** NE 0d 973F,7#,
Cohn, (+( 67 3d 477 F,4#, 2n re Crandell, 7+4 N7 0 +,(, 2n re CoAA, *3* NE 0d ((97, 2n )E
<insAerg '9, N7 0d +39, North Carolina Bar ;. )ogers, +9' 6E 0d 337. 6n!der 790 8. 0d +(+
CoinderH"reCudice to Coughlin, 0+9 $.0d 7, 2n )e )ichardson '90 8. 0d 407
8""eala
7hether <oAle had GoBnershi"G in i"hone matter 90, $.0d ((0
6heel! (,0 ".0d 9'
$artici"ation in larcen! as "recluding recei;ing stolen "ro"ert! charge, 09 alr +th +9 (99+#.
0'4,+ and ,3'0* tres"ass case:
unused, untimel! e;iction Barrant needs to Ae reissued, <reen, 344 6E 0d +,7,
7oods (9 N96 0d '*3, )egan 40+ N96 0d 70+, 2orio, 4(, N96 0d (9+, )ussell ; Palian, 4(4
8.0d 4'0: e/"ired Barrant 1or e;iction no good
=eese ; 3orne, 47 $.0d 3(', Burhams, *9 $.3d '09, )osBicD, 03( B) *4(, 3ammond, +(+ 6E 0d
(*0, 8lAert, 49, N96 0d 9+(, %FBrien ;. 5.6., 444 8.0d 94', 6tate ;. ?Ernar, 7*' 8.0d (4( ,(#,
Cana;an ;. 6tate 3* 6o. 3d **+, 4ordan V. 6tate, *,0 6o. 0d ((*, ,(#, 6tate ;. 8sh, (0 67 3d *,,
- 14/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-N F99#. 4ordan ;. 6tate ((, $.3d at 47, 7illiams ;. Nagel '43 NE 0d *(', Poenig, 740 $.0d
'49,Nelson, 9,9 NE 0 '40, claim o1 right %FAanion +(9 6E 0d *(9, Bean 4'+ $.0d (44(
8lso as to DuraldeFs "ur"ose1ul o;er;aluing the i"hone ;itiating the 1elon! charge and
concomitant aAilit! to conduct a sita incident to an arrest thereto: Dutton, +*( $.0d *+'. ?ercado
+*7 $.0d (307.
-here is nothing in the Com"laint to suggest the i$hone Bas gi;en to Coughlin A! someone Bhom
had GstolenG it or that Couglin Grecei;edG the i$hone 1rom someone Bhom had stolen it. 2t almost
a""ears that the District 8ttorne! is seeDing to
Sufficiency of indictment -rial court did not aAuse its discretion in dismissing Bithout
"reCudice, on grounds o1 lack of specificity, indictment o1 1our de1endants 1or the1t in connection
Bith gold reco;er! in;estment o11ering, though arguaAl! indictment could Ae read as alleging the1t
A! material misre"resentation, as indictment lacDed s"eci1icit! Bith regard to Bhich de1endant
allegedl! made Bhich misre"resentation, and 6tate had Aeen re"eatedl! told its charging documents
Bere de1ecti;e or ;ague. N.).6. (73.,7+, 0,+. ,*303#. 6tate ;. 3ancocD, (99*, 9++ $.0d (*3, ((4
Ne;. ('(.
DD8 9oung maDes no allegation that the unidenti1ied man Bhom threatened to taDe the
i$hone and GthroB it in the ri;erG Gstole the i$hone. %therBise, it seems DD8 9oung is suggesting
Coughlin Gcommits an o11ense in;ol;ing stolen "ro"ert! i1 the "erson, 1or his or her oBn gain or to
"re;ent the oBner 1rom again "ossessing the oBnerMs "ro"ert!, Au!s, recei;es, "ossesses or
Bithholds "ro"ert!G 1rom himsel1, rather than the unidenti1ied man. 3oBe;er 0,+.07+, also
requires that Coughlin did so: G a# PnoBing that it is stolen "ro"ert!: or A# 5nder such
circumstances as should ha;e caused a reasonaAle "erson to DnoB that it is stolen "ro"ert!.G
- 15/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DD8 9oungFs 8mended Com"laint "ro;ides no su""ort in an! Ba! to suggest that the
unidenti1ied man stole the i$hone. 2ndeed. Nicole 7atson admits the man noti1ied the indi;iduals
congregating in the sDate "laEa that he Bished to see someone claim the i$hone. -here certainl! is
not su""ort 1or, nor has there Aeen an! suggestion that this unidenti1ied man GstoleG the i$hone. 6o,
that lea;es DD8 9oung to suggest Coughlin GstoleG the i$hone, then Grecei;edG or GAoughtG the
i$hone 1rom himsel1. -hat is Cust too tortured an a""roach. DD8 9oung must sim"l! seeD to
con;ict Coughlin o1 "etit larcen! under those circumstances.
8ctuall!, the indictiment and Com"laint is insu11icient here, as aAsolutel! no 1acts are
alleged or set 1orth to 1lesh out each o1 the elements o1 an N)6 0,+.07+ "ossession o1 stolen
"ro"ert! charge. DD8 9oung has a dut! under the )ules o1 $ro1essional Conduct to maDe sure
there are such 1acts alleged:
Ne;ada )$C )uleU3.*UU6"ecial )es"onsiAilities o1 a $rosecutor.UUG-he
"rosecutor in a criminal case shall:
a#U)e1rain 1rom "rosecuting a charge that the "rosecutor DnoBs is not su""orted
A! "roAaAle cause:G
DDA Young's December 5th, 2011 Amended Complaint reads:
GC%5N- 22. $%66E662%N %. 6-%=EN $)%$E)-9, a ;iolation o1 N)6 0,+.07+,
a misdemeanor, in the manner 1olloBing, to Bit:
-hat the said de1endant on or aAout the 0,th da! o1 8ugust, 0,((, at )eno
-oBnshi", Bithin the Count! o1 7ashoe, 6tate o1 Ne;ada, did willfully and
unlawfully possess or withhold stolen goods ha;ing a ;alue less than -Bo 3undred
.i1t! Dollars L0+,.,,#, to wit: an i$hone, at or near ( North Center 6treet, )eno,
7ashoe Count!, Ne;ada, such "ro"ert! Aeing oBned A! C%)9 <%B=E, 1or his oBn
gain or to "re;ent the true oBner 1rom again "ossessing said "ro"ert!, knowing that
the property was obtained by means of larceny or under such circumstances as
should have caused a reasonable man to know that such goods were so obtained.
3oBe;er, as shoBn aAo;e, DD8 9oungFs 8mended Com"laint sim"l! 1ails to
s"eci1! in an! Ba! Bhatsoe;er Bhom GstoleG the "ro"ert! or hoB Coughlin GDneBG or under
- 16/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Bhat circumstances Coughlin Gshould ha;e DnoBn that such goods Bere so oAtainedG A!
Glarcen!G. 2t is "reCudicial to alloB such a de1icient 8mended Com"laint to stand.
GBernier Bas ordered to stand trial 1or "ossession o1 stolen "ro"ert!, a
;iolation o1 N)6 0,+.07+. Bernier then "etitioned 1or a Brit o1 haAeas cor"us
contending the e;idence adduced A! the "rosecution Bas insu11icient to estaAlish
"roAaAle cause that she had committed the charged o11ense. -he district court
considered and denied her "etition and Bernier here reasserts the same contention.
Bernier does not den! ha;ing "ossessed the "ro"ert!: rather, she argues the "roo1
did not shoB that she DneB the "ro"ert! Bas stolen and that such DnoBledge
cannot Ae in1erred 1rom mere "ossession. 7e agree that mere "ossession is
insu11icient to estaAlish the requisite DnoBledge: hoBe;er, "ossession is a 1act
Bhich ma! Ae considered Bith all other 1acts A! a reasonaAle "erson in
1ormulating a strong sus"icion that Bernier DneB the "ro"ert! Bas stolen. 6ee
6taaA ;. 6tate, 9, Ne;. 347, +0' $.0d 33* (974#G BE)N2E) ;. 63E)2..,
C=8)P C%5N-9, +'9 $.0d 4,' (977#.
G7iechers Bas ordered to stand trial on...N)6 0,+.07+... he contends...
the state 1ailed to "roduce su11icient e;idence to estaAlish "roAaAle cause that he
committed the charged o11enses. 7e agree. ... testi1ied that at no time did the! tell
7iechers that the engines Bere stolen. -he record shoBs the testimon!...Bas
gi;en in e/change 1or the "rosecutorFs agreement, inter alia, to a11ord them "artial
immunit! and other s"ecial considerations. -his record is Aarren o1 an! in1erence
or suggestion that 7iechers Bas im"licated in an! manner in V or Bith V the
VolDsBagen the1t ring: and, in 1act, it a11irmati;el! shoBs that he had no
DnoBledge that the engines had Aeen stolen.( 6ee 6taaA ;. 6tate, 9, Ne;. 347, +0'
$.0d 33* (974#. .urthermore, 7iechers "aid 1or the stolen engines in the
ordinar! course o1 Ausiness Bith his GregularG Ausiness checDs. -his conduct
alone a""ears to us to Ae inconsistent Bith the stateFs argument that 7iechers
DneB o1 and "artici"ated in the charged criminal acti;it!. 8ccordingl!, Be
conclude the state did not meets its Aurden o1 shoBing "roAaAle cause, as required
A! . 72EC3E)6 ;. 63E)2.., 7863%E C%5N-9, +43 $.0d (347 (97+#.
6imilarl!, Coughlin himsel1 called 9((. Nothing on the ta"e o1 the arrest can Ae said to
demonstrate Coughlin re1using an! instruction o1 the )$D. )ather, Coughlin asDed a 6ocratic st!le
question and the )$D o11icer told Coughlin to sto" talDing. Coughlin Bould ha;e Aeen suACect to a
disturAing the "eace charge had he 1ailed to 1olloB the %11icerFs instruction. -here is sim"l! no
e;idence to su""ort an! o1 the elements o1 the crime charged conclusi;el!.
- 17/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6taaA ;. 6tate, 9, Ne;. 347, 3+,, +0' $.0d 33*, 34, (974#: G2t is the 1act o1
"ossession that "ro;ides the in1erence o1 guilt, an in1erence Bhich is 1ounded on the
mani1est reason that Bhen goods ha;e Aeen taDen 1rom one "erson and are quicDl!
therea1ter 1ound in the "ossession o1 another there is a strong "roAaAilit! that the!
Bere taDen A! the latter. 6tate ;. 9oung, 0(7 6o.0d +'7 .la. (9'*#. 7einstocDFs
"rior oBnershi" Bas clearl! estaAlished and 6taaAFs "ossession under all
circumstances raised the in1erence o1 guilt that Bas le1t une/"lained.G
-he i$hone Bas not taDen 1rom <oAle. )egardless o1 Bhich o1 the ;ersions <oAle gi;es that
!ou go A! in his 9(( call he sa!s he Bas in his 4ee", Bhich Bas Gright thereG, Bhile in his 7itness
6tatement he indicates he Bas standing aAout (+ 1eet aBa! 1rom Bhere he set his "hone doBn#, it is
clear that the "hone Bas not GtaDen 1romG <oAle. Zarate, according to Duralde 6u""lementar!
Declaration sa!s the "hone Bas graAAed 1rom the ledge, Aut then Zarate, in his 7itness 6tatement
sa!s the "hone Bas gi;en to Coughlin A! the unidenti1ied man, the same man Nicole 7atson admits
on the ta"e o1 8ugust 07th, 0,(( that she heard and saB hold the i$hone alo1t and threaten to GthroB
it in the ri;erG i1 someone didnFt claim it immediatel! on the ;ideo, Zarate is then seen "ulling
7atson aside, BalDing her aBa! 1rom the camera, and, seemingl!, dissuading her 1rom 1urther
undermining ZarateFs crediAilit! Bith her oBn statements, Bhich are a ;ast de"arture 1rom ZarateFs
to the )$D#.
Dutton ;. 6tate, 94 Ne;. 4'(, +*( $.0d *+' (97*#: G3ere Dutton claimed
he did not "ersonall! "ossess the stolen camera, and did not ha;e s"eci1ic
DnoBledge that it Bas stolen... 7e there1ore "ercei;e no error A! the district court
in admitting the e;idence to shoB Aoth the circumstances surrounding the
transaction, and DuttonFs DnoBledge o1 the stolen character o1 the goods. 0.
Dutton ne/t claims the e;idence Bas insu11icient to sustain the con;iction,
Aecause the 6tate 1ailed to "ro;e he DneB the camera Bas stolen,...2n order to
sustain a con;iction 1or "ossession o1 stolen "ro"ert! the 6tate must shoB: (# the
"ro"ert! Bas in 1act stolen, 0# the "ro"ert! Bas "ossessed A! the accused Bith
DnoBledge that it Bas stolen at the time o1 "ossession, and 3# the "ro"ert! Bas
"ossessed A! him Bith the 1elonious intent o1 de"ri;ing the true oBner o1 the
"ro"ert!. ...GPnoBledge that "ro"ert! Bas stolen can seldom Ae "ro;ed A! direct
e;idence and resort must o1ten Ae made to circumstantial e;idence.... -here is
aAundant corroAoration in the instant case: the camera Bas sold at a grossl!
inadequate "rice: Dutton engaged in 1urti;e conduct in negotiating Bith the
underco;er o11icer: he DneB the dealer Bas a 1ence: and con1licts Bere "resent in
his testimon! dealing Bith his reasons 1or coming to 8cme.G
- 18/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6imilarl!, Coughlin himsel1 called 9(( re"orting the ;iolent, threatening, and menacing
Aeha;ior o1 <oAle et al. Nothing on the ta"e o1 the arrest can Ae said to demonstrate Coughlin
re1using an! instruction o1 the )$D. )ather, Coughlin asDed a 6ocratic st!le question and the )$D
o11icer told Coughlin to sto" talDing. Coughlin Bould ha;e Aeen suACect to a disturAing the "eace
charge had he 1ailed to 1olloB the %11icerFs instruction. -here is sim"l! no e;idence to su""ort an!
o1 the elements o1 the crime charged conclusi;el!. -o sa! CoughlinFs inquiring as to Bhether he
might ha;e an! Constituional right to re1rain 1rom o"ening his "ocDets to an! "olice o11icer Bhom
might liDe to see Bhat are in them, regardless o1 hoB shaD! and inconsistent the su""osed
statements su""orting the "roAaAle cause are noAod! is talDing aAout hoB a man GsocDed a minorG
noB, or e;en u"on the arri;al o1 the )$D...Zarate et alFs statements are ri1e Bith inconsistencies, as
are the ta"es o1 <oAleFs 9(( calls, etc.
PnoBledge or notice as to oBner <enerall!. -he other element o1 the o11ense, in addition to
the intent to taDe com"lete and e/clusi;e dominion o;er the goods 1ound, relates to DnoBledge or
notice as to the oBner. 21 the 1inder, at the time o1 1inding, does not DnoB Bho is the oBner o1 the
"ro"ert!, and there are no marDs thereon, or other circumstances A! Bhich the oBner ma! Ae
disco;ered, the a""ro"riation to the 1inderFs use does not amount to larcen! disco;er the oBner. 6o, it
is not larcen! to a""ro"riate "ro"ert! Bhich one 1inds on a highBa! Bith no marDs to shoB Bho the
oBner is. -!ler ;. $eo"le 2ll.# su"ra: =ane ;. $eo"le (*4*# (, 2ll. 3,+.
Con;ersel!, i1, at the time o1 the taDing, the taDer DnoBs or has means o1 disco;ering the
oBner, it is his legal and moral dut! to hold and restore the goods to him and here, Coughlin
arguaAl! Bould ha;e 1ailed to meet that dut! i1 he merel! handed o;er the i$hone to a laBless,
- 19/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
;iolent, threatening moA o1 sDater !ouths at ((:0* "m in doBntoBn, )eno, Bhere the i$hone had
Aeen loudl! o11ered u" to all deniEens o1 the "laEa therein in a manner that Bas ;er! liDel! to cause a
1ree 1or all#: and i1, under such circumstances, he aAsolutel! a""ro"riates them to his oBn use,
e/cluding the dominion o1 the oBner, it is larcen!. Nevada: 6tate ;. Cli11ord, (4 Ne;. 70, 33 8m.
)e". +0' (*79#.
COUNT ONE:
7CC +3.(', $etit larcen!:
GDe1inition: "unishment. E;er! "erson Bho:
(. Steals, takes and carries, leads or drives away the personal goods
or property o1 another, under the ;alue o1 L0+,...
commits "etit larcen! and is guilt! o1 a misdemeanor.G
8t -rial, shi1t! old DD8 9oung continued Bith his lacD o1 candor to the triAunal in res"onse
to CoughlinFs 8ugust 09th, 0,(0 $re>-rial ?emorandum and Coughlin, unliDe 9oung, did not sli"
the 1iling o11ice his 1iling Bith a little "ost>it attached to the to" o1 it reading GshoB this to the 4udge
Ae1ore the -rialG liDe DD8 9oung has done "re;iousl!#. DD8 9oung tooD issue Bith the
arguments Coughlin set 1orth therein, s"eci1icall! Bith res"ect to Bhether the 7CC ;ersion o1 "ett!
larcen! that DD8 9oung "ursued included an intent element. DD8 9oung a;erred to the Court
that the charging document did, in 1act, use the Bord intentionall! Bith res"ect to Bhether it
entailed an GintentionalG commission o1 larcen!. -hat is not true, and regardless, DD8 9oung,
des"ite Bhate;er the unAridled and gross e/ercise o1 "oBer AestoBed in him has done to his ego,
does not ha;e the "oBer o1 the legislature, and cannot unilaterall! amend the 7CC merel! A!
inserting a Bord or tBo here or there in the charging document. 7hat 9Fs Com"laint and the
8mended Com"laint reall! included is this:
GZ8C3 9%5N< o1 the Count! o1 7ashoe, 6tate o1 Ne;ada, verifies and
declares upon information and belief and under penalty of perjury, that
Z8C38)9 B8)PE) C%5<3=2N, the de1endant aAo;e>named, has committed
the crime o1: $E-2- =8)CEN9, a ;iolation o1 7ashoe Count! Code +3.(',
- 20/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and (0+.,+,, a misdemeanor, in the manner 1olloBing, to Bit: -hat the said
de1endant on or aAout the 0,th da! o1 8ugust, 0,((, at )eno -oBnshi", Bithin
the Count! o1 7ashoe, 6tate o1 Ne;ada, did willfully and unlaB1ull! steal, taDe,
and carr! aBa! the "ersonal "ro"ert! o1 another, to Bit: an i$hone o1 a ;alue o1
less than -Bo 3undred .i1t! Dollars L0+,.,,#, said "ersonal "ro"ert! Aeing the
"ro"ert! o1 and oBned A! C%)9 <%B=E, 7ashoe Count!, Ne;ada, Bith the
intent to "ermanentl! de"ri;e the oBner thereo1...G
2n Ne;ada, its is ;er! im"ortant to consider Bhether the requisite intent Bas there at the time
o1 the alleged act constituting the1t. 2n this case, clearl!, that it Bas not "ossiAle 1or such intent to
Ae "resent at the time o1 the GtaDingG. Intent of finder: E;er! taDing A! one "erson o1 the "ersonal
"ro"ert! o1 another Bithout his consent is not larcen!: and this although it is taDen Bithout right or
claim o1 right. 6u"eradded to this there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an intent to con;ert them aAsolutel! to his
oBn use must coe/ist Bith the act o1 1inding. 2f such intent does not exist at the time of the
finding, Aut, instead, the 1inder intends to restore the "ro"ert! to the oBner, a subsequent
concealment, or fraudulent appropriation, does not constitute larceny. Ne;ada: State v.
Clifford, 14 Nev. 72, 33 Am. Rep. 526 1879# . -he rule that the 1inder o1 "ro"ert! so marDed that
the oBner can Ae ascertained is guilt! o1 larcen! i1 he con;erts it to his oBn use a""lied in case o1 a
Aar o1 Aullion lost 1rom a stagecoach. 6tate ;. Cli11ord, (4 Ne;. 70 Ne;.,(*79#.
6o, it is "rett! oA;ious that 9 is seeDing to get around the di11icult! to the 6tateFs case o1
"ro;ing that Coughlin had the requisite intent, at the time o1 the 1inding, to su""ort a larcen!
charge. .urther, 9 "ursued the 7CC ;ersion o1 larcen! to get around needing to "ro;e intent at all,
Bhether it Ae intent at the time o1 the taDing or 1inding, or some later de;elo"ed Gintent to
"ermanentl! de"ri;eG the oBner thereo1. )egardless, it has Aecome a""arent that the 7CD8
%11ice, in conCunction Bith the )eno Cit! 8ttorne!Fs %11ice, the )$D, the )?C, and the 6BN are
seeDing to com"ile a lethal "astiche o1 laBs, codes, and 6C)s to deal Bith Coughlin, the enfant
- 21/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
terrible o1 the 7ashoe Count! Bar, the red headed ste">child, the 1l! in the ointment, the "esD!
ci;il rights attorne! s"ecialiEing in "olice and "rosecutorial misconduct actions. 9 and the 6BNFs
$at Ping are des"erate to get a con;iction here, e;en i1 the! ha;e to get the con;iction Aased u"on a
7CC "ro;ision that does not include an intent element as "ursuing the N)6 ;ersion o1 larcen! is
more "roAlematic to 9 in that res"ect#, Bhereu"on one can Ae sure that the 6BN argue that the
GintentG necessar! to su""ort a 6C) ((('# anal!sis was necessaril! "ro;en, conlusi;el!, A! a
con;iction in the "ett! larcen! under the 7CC i$hone -rial.
6C) (,43#: G8 grie;ance against Aar counsel or Aar counselFs sta11 shall Ae in;estigated at
the direction o1 the "resident o1 the state Aar and heard A! the Aoard o1 go;ernors. 8 decision o1 the
Aoard o1 go;ernors against Aar counsel ma! Ae a""ealed to the su"reme court under the Ne;ada
)ules o1 8""ellate $rocedure.G 6uch a grie;ance against $at Ping hath noB come to "ass.
.urther, 6C) )ule (,4(#a#>A# hold that: G6tate Aar counsel.: (. 6tate Aar counsel shall: a#
2n;estigate all matters in;ol;ing "ossiAle attorne! misconduct or inca"acit! called to Aar counselFs
attention, Bhether A! grie;ance or otherBise. A# 6uACect to )ule (,+(#, dis"ose o1 all matters
in;ol;ing alleged misconduct A! dismissal o1 the allegations# or A! the 1iling o1 a Britten
com"laint.
<rie;ances against ;arious attorne!s 1iled as 1ar AacD as ?arch 0,(0 remain unacDnoBledge
A! the 6BN and $at Ping. -he 6BN must not Ae alloBed to install a sort o1 G1ilterG u"on the
grie;ance recei;ing a""aratus, Aut rather, Bar Counsel must com"l! Bith 6C) (,4(#a#>A#, and
then stand Aehind their BorD, "eriod. -his is "articularl! true Bhere Coughlin 1iled a grie;ance
related to his seeDing admission to the 6tate Bar o1 Ne;ada 1olloBing his "assing Bhile a second
!ear laB student, no less# the 4ul! 0,,( Ne;ada Aar e/amination, Bhereu"on $eter Christiansen, 4r.,
Esq. Bas im"ermissAl! coerced u"on Coughlin, and the Character and .itness Committee indicated
- 22/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
on the record that the names o1 Gthree attorne!Fs Billing to re"resent !ou Ae1ore this Committee "ro
AonoG Bould Ae "ro;ided to Coughlin, Bhereu"on Coe 6BoAe tele"hone Coughlin and told him to
go to Christiansen, des"ite a""arentl! DnoBing nothing aAout his quali1ications, Bhich Coughlin
did, in ?a! o1 0,,0, onl! to Ae told A! Christiansen that the re"resentation ChristiansensFs 1irst
such endea;or to a""ear Ae1ore such Committee in such a matter# Bould Ae L+,,,,, Bhich
Christiansen Bas then "aid u" 1ront. 3oBe;er, therea1ter, on the record and suAmitted to $at Ping
along Bith emails 1rom Christiansen, threatening letters 1rom CW. Committee then Chairman ?iDe
)oBe, Esq., and acts o1 unimaginaAle arrogance and negligence A! then Director o1 8dmissions
$atrice Eichman in unilaterall! 1ailing to suAmit Coughlins ?otion 1or Consideration u"on the
e/"iration o1 the de1errment "eriod o1 CoughlinFs admissions a""lication as entered in a DecemAer
0,,0 %rder o1 the Ne;ada 6u"reme Court des"ite CoughlinFs suAmitting the materials she hersel1
indicated he Bould need to to ha;e as much taDe "lace, des"ite ChristiansenFs o11ice A! then
Christiansen had schle""ed the case o11 to his 1irst !ear associate, ?ichael 6an1t, Bhom dro""ed
e;er! Aall hit his Ba!, rather than Christiansen admit that he L+,,,, Bas Aasicall! 1or Christiansen
to get out o1 Aed that morning o1 the 4une 0,,0 G3earingG Ae1ore the CW. Committee, and no more,
though no actual 1ee agreement or sco"e o1 re"resentation a""ears to ha;e e;er Aeen reduced to
Briting in that regard. -he 1act that Christiansen admitted to Aeing Ggreat, longtime 1riendsG Bith
his 1elloB criminal de1ense attorne!, Pe;in Pell!, Esq., and that Christiansen sent Coughlin to a
GgamAling addictionG s"ecialiEing "s!chologist though Coughlin has hardl! e;er gamAled at all in
his li1e, much Ae!ond going to a laB school that Bas not accredited u"on his matriculating there,
and Bhich Bas located in a AomAed out aAandoned grade school Cust o11 the =as Vegas 6tri", Bith
"ro1essorFs o11ices in douAle Bide moAile homes#, Bhom also indicated he Bas great 1riends Bith
Pe;in Pell!, Esq., Bhen ;ieBed in comAination Bith Pell!Fs oA;ious 4eD!l and 3!de a""roach ;is
- 23/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a ;is the 1irst .eAruar! 0,,0 3earing at Bhich Coughlin a""eared "ro se, com"ared to Pell!Fs e;er
so light touch at the 4une 0,,0 3earing Bhere Coughlin Bas re"resented A! Pell!Fs Ggreat, longtime
1riendG $eter Christiansen, 4r., and Bhere Pell!Fs other Ggreat 1riendG, Dr. )oAert 3unter, testi1ied
on CoughlinFs Aehal1. 8 4anuar! 0,,3 letter 1rom then Chairman ?iDe )oBe to Coughlin, in
res"onse to Coughlin actuall! tr!ing to 1olloB u" on some due "rocess and scheduling questions he
had regarding the DecemAer 0,,0 %rder de1erring the decision on his a""lication 1or admission,
aAsent an! actual ste"s on )oBeFs "art to discern Bh! Christiansen Bas seemingl! utiliEing
Coughlin as a sort o1 associate e;en Bhere Chrisitansen had Aeen "aid, is 1urther shadoB!. -o Ae
1air, though, )oBe "roAaAl! tooD Christiansen at his Bord at the 4une 0,,0 3earing Bhen
Christiansen indicated his re"resentation Bas Aeing done G"ro AonoG, des"ite Christiansen ha;ing
recei;ed a cooD L+P 1or Bhat amounted to 1iling a rather te"id ' "age $re>3earing Brie1, most o1
Bhich Bas a rehash o1 the 1acts 1rom the Notice o1 3earing and a $roo1 o1 6er;ice "age, Bhich
merel! cited to the ClaiAorne decision, and called it a da!. By the way, Kevin Kelly, Esq. has
been on the Character and Fitness Committee of the State Bar of Nevada for over a decade,
all while owning and running the Spearmint Rhino, a Las Vegas strip club that pays cabbies
ten million dollars a year to funnel tourists from the airport to its doors. $at, some attorne!Fs
get disAarred. 6ome, dis the Bar.
SCR 111(6): "Definition of ~serious crime. -he term Nserious crimeO means
(# a 1elon! and 0# an! crime less than a 1elon! a necessary element o1 Bhich
is, as determined by the statutory or common-law definition of the crime,
im"ro"er conduct as an attorne!, inter1erence Bith the administration o1 Custice,
false swearing, misrepresentation, 1raud, Bill1ul 1ailure to 1ile an income ta/
return, deceit, AriAer!, e/tortion, misappropriation, theft, or an attem"t or a
cons"irac! or solicitation o1 another to commit a Nserious crime.O
Coughlin 7C$D, Bira! Dogan, Esq. and DD8 9oung, in the )4C
"rosecution 1or Gmisuse o1 emergenc! ser;icesG 9(( calls#, Bhen considering
their lacD o1 candor to the triAunal, 1airness to o""osing counsel gi;en Coughlin
1iled a Notice o1 8""earance and has the right to re"resent himsel1, and is an
- 24/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
attorne!#, DD89oungFs re"eated instances o1 ;iolating N)6 Bith res"ect to all
matters Aeing sta!ed u"on an %rder 1or Com"etenc! E;aluation Aeing entered
against a "art!, such a Coughlin, and the 1ailure o1 Dogan to alert Coughlin to, or
"ro;ide an! co"! o1 de"site CoughlinFs re"eated Britten demands# the 4ul! 3(st,
0,(0 ?otion to 8mend Com"laint that, u"on 4udge 61erraEEa querr!ing DD8
9oung as to Bhether the D8 e;en needed seeD an %rder alloBing it to so amend
such a Com"laint, res"onded that the D8 did not, Aut that he Bas Cust seeDing
one G1or "ur"oses o1 Dee"ing the record FcleanFG, Bhate;er in the Borld that
means. 7hen ;ieBed Bith Dogan, 9oung and =eslieFs attem"ts to shu11le
Coughlin on through the ?6C "rocess DD8 9oung indicated, to 4udge
61erraEEa, on the record, Bhile attem"ting to checD o1 the ?6C Ao/ minutes
Ae1ore the 6tart o1 the 8ugust 09th, 0,(0 i$hone "ett! larcen! -rial, that he
antici"ated the ?6C Gonl! taDing a cou"le minutes, at mostG and 1elt it Bas
CoughlinFs GoAstructionistG and Gdi11icultG attitude o1 Gnon>com"lianceG that Bas
"re;enting him 1rom e11ecting his stated goal. DD8 9oung clearl! suAscriAes to
the )$D )on )osaHNicD Duralde school o1 G3oBFs that runninF 1or !aG st!le
retaliation, intimidation, and misconduct.
?ost trouAling aAout Dogan and DD8 9oungFs a""arent cons"irac! to
get an %rder 1or Com"etenc! E;aluation against Coughlin during their
clandestine ?6C o1 0H07H(0 Bhich, again, Coughlin Bas noticed, in Briting, had
Aeen continued out to ?arch 09th, 0,(0#, including im"ermissiAle
communications to the )?C and 4udge Nash 3olmes Bho arguaAl! ;iolated
N)6 A! continuing on Bith the tra11ic -rial Cust minutes a1ter Aeing made aBare
o1 the 0H07H(0 %rder 1or Com"etenc! E;aluation in the )4C A! Dogan and,
"erha"s, A! DD8 9oung as Bell, is DoganFs 1ailure to in1orm Coughlin o1 DD8
9oungFs )$C 3.* ;iolating ?otion to 8mend Criminal Com"laint, Bherein
DD8 9oung seeDs to alter the charge to one that Bould in;oDe a mandator!
6C) ((( $etition in light o1 6C) ((('#Fs de1inition o1 a Gserious crimeG and the
Gstatutor! or common laB de1initionG o1 the crime 1or Bhich DD8 9oung,
though lacDing G"roAaAle causeG su11icient to satis1! his )$C 3.* dut!, sought to
ha;e so amended to an GoAstructing or resisting a "uAlic o11icerG charge, Bhich
o1 course 1its squarel! in the Gserious crimeG de1inition set 1orth in 6C) ((('#.
6o, no, 4udge 61erraEEa, Coughlin Bas not Go;er>laB!ering itG on 8ugust 09th,
0,(0 during the Gonl! taDe a minute at mostG ?6C Dogan and DD8 9oung and
=eslie# sought to sli" "ast 4udge 61erraEEa right Ae1ore the Aig i$hone "ett!
larcen! trial that ma! Bell decide Bhether Coughlin can e;er "ractice laB again
including as a "atent attorne! Ae1ore the 56$-%#. Coughlin, on the record,
risDed going to Cail Bhen he indicated that Bhat Dogan has Cust said Bith res"ect
to Bhether Coughlin oACected to the 6tateFs so amending the Com"laint, in
)C)0,(0>,'+'3, 1rom a gross misdemeanor Gmisuse o1 9((G charge to a
misdemeanor GoAstructing and resisting a "uAlic o11icer chargeG. Coughlin
res"onded to 4udge 61erraEEaFs incredulit! at his oACecting to amending to a
lesser charge Coughlin indicated doing so, hoBe;er counter>intuiti;e, Gma!
somehoB inureG to his Aene1it#, then 4udge 61erraEEa indicated Coughlin
Gde1initel!G Bas Go;er>laB!ering itG...Aut then $eter 4. Bent $eter 4., liDel!
- 25/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
sensing an attem"t to "ull the Bool o;er oneFs e!es, and Aecause Ggame
recogniEe game, real recogniEe realG...4udge 61erraEEa decided to not
countenance Dogan and 9oung attem"ts to lead the )4C and Coughlin Alindl!
and in a ?6C that Gshould onl! last a minute or tBo at mostG "er DD8 9oung#
through their tired, tacD!, hacDne!ed, sordid little "lan. -here is a reason 4udge
61erraEEa is o1ten mentioned as the Aest o1 all the 1ine )4C 4udges A! long time
local attorne!s. Dogan and 9oung, des"ite Aeing Bell aBard o1 the 6e"temAer
+th, 0,(0 %rder 1or Com"etenc! E;aluation still ha;e 1ailed to ;acate the
?otion 3earing set 1or %ctoAer 0nd, 0,(0 in that regard.
6C) (((7#: G6us"ension on certi1ication. 5"on the 1iling Bith the 6u"reme
Court o1 a "etition Bith a certi1ied co"! o1 "roo1 o1 the con;iction,
demonstrating that an attorne! has Aeen con;icted o1 a serious crime, the court
shall enter an order sus"ending the attorne!, regardless o1 the "endenc! o1 an
a""eal, "ending 1inal dis"osition o1 a disci"linar! "roceeding, which shall be
commenced by the appropriate disciplinary board upon referral by the
supreme court. .or good cause, the court ma! set aside its order sus"ending the
attorne! 1rom the "ractice o1 laB.G
Both Northern Ne;ada Disci"linar! Board Chairman 4. -homas 6usich
and Bar Counsel $atricD %. Ping should 1ace sanctions 1or re"eatedl! 1ailing to
com"l! Bith 6u"reme Court )ules 6C)#. 3ere, 6usich "ur"orts to lea;e the
GschedulingG, and, there1ore Gcommencing A! the a""ro"riate disci"linar! AoardG
u" to the "rosecutor, the 6tate Bar o1 Ne;ada 6BN#. -hat is liDe a 4udge telling
the "rosecutor to decide the case. -hese are sim"le, Aasic, notions o1 due
"rocess, !et Ping and 6usich seem either con1ounded A! them, or unBilling to
demonstrate and 1idelit! to them. -o the e/tent their careers are 1urthered A!
such a lacD o1 1idelit! to 1undamental notions o1 1air "la!, these tBo sellouts
should Ae sanctioned. Coughlin has Aeen asDing 1or a hearing since immediatel!
a1ter the 4une 7th, 0,(0 %rder -em"oraril! 6us"ending CoughlinFs =icense to
$ractice =aB. $erha"s so the! can get their L(,,,, Aond under 6C) ((' in the
e;ent the sus"ension lasts more than ' months, Bhereu"on a N. 6. Ct. %rder
Bould also Ae required, Aut ma! also in an attem"t to "lease those Bith more
Cuice than Coughlin 1ormer 1ederal and state "rosecutors, 4udges, rich
commercial laB attorne!s, other "uAlic and or go;ernmental attorne!s, etc., etc.#
6usich a""ears to Ae, and Ping admits he is, tr!ing to "re;ent the "immediate
hearing" Coughlin is entitled to u"on his 6C) (,04#d# $etition and, arguaAl!,
Bhere one is required Bithin ', da!s o1 the Court re1erring the 6C) ((( $etition
%rder to the Board 1or the Gsole "ur"oseG o1 determining CoughlinFs "unishment
1or one thing, and one thing onl!, the Gserious crimeG o1 "ett! larcen! o1 Ga
cand! Aar and some cough dro"sG Bhich Coughlin has thoroughl! shoBn to ha;e
Aeen rendered 1rom a "roceeding Bholl! de;oid o1 due "rocess. 6ee 37 C.)
((.04, ((.0+, and ((.',.
- 26/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SCR 111(8): G)e1erral to disci"linar! Aoard. 5"on recei"t o1 a "etition 1iled
under suAsection 4 o1 this rule, demonstrating that an attorne! has Aeen
con;icted o1 a serious crime, the su"reme court shall, in addition to sus"ending
the attorne! in accordance Bith the "ro;isions o1 suAsection 7 o1 this rule, re1er
the matter to the a""ro"riate disci"linar! Aoard 1or the institution o1 a 1ormal
hearing Ae1ore a hearing "anel in Bhich the sole issue to Ae determined shall Ae
the e/tent o1 the disci"line to Ae im"osed...G
2ts Cust sad to see Bhat has ha""ened to the legal "ro1ession. -hese da!s its Cust an
o""ortunistic, sel1>concerned, social climAing collection o1 Aeta males, Aullies, and "rincesses, Bith
onl! a 1eB actual legitimate male and 1emale attorne!s scattered throughout the Bar. 3oB else does
something liDe a, so 1ar, 1our month sus"ension o1 a laB!erFs license o;er a cand! Aar occurI
Es"eciall! Bhere the con;iction has Aeen so thoroughl! e/"osed. <i;en the recent decision o1 the
Court Bith res"ect to no term limits 1or District 8ttorne!Fs, surel! it Bould maDe sense to "ut an end
to Bhat at times a""ears to Ae the unAridled "oBer o1 some, and the coBering 1ear and
reca"itulation o1 so man! others in the legal communit!. 2n the conte/t o1 all the misdeeds
committed here A! some ma! re1er to as the laB 1irm o1 Dogan, =eslie W 9oung, does not the 1act
that CoughlinFs laB license Bas sus"ended Bithin 1i;e hours o1 Briting an email to the 7CD8Fs
%11ice suggest a certain o;erAroad reach at "la!I 2ts not necessaril! a "oBer1ul "ersonFs 1ault the!
are too "oBer1ul. )ather, it is the silent coBards too sel1 concerned Bith their oBn "ensions at
Bhose 1eet the real Alaim should lie. 8t some "oint, laB!ers should Ae concerned 1or laB!ers, as
the! are the real steBards o1 the legal "ro1essiona and the laB, a1ter Cudges, o1 course. But it taDes
1i;e 1ingers to maDe a 1ist, and 1i;e "er team to run 1ull court, and the egregious e/tent to Bhich the
)eno Cit! 8ttorne! and 7CD8 %11ice ha;e Aeen aAle to countenance misconduct A! the 7C6%
and )$D that is committed to video tape Bhile BreaDing utter ha;oc on CoughlinFs clientFs interests,
to sa! nothing o1 the terriAl! tr!ing e11ects the e;ents occurrring since the *H0,H(( i$hone "ett!
larcen! Brong1ul arrest and e;en AacD to the ?a! 0,,9 Brong1ul termination 1rom 7ashoe =egal
- 27/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6er;ices# ha;e had on CoughlinFs Bonder1ul, Bonder1ul "arents, ?ar! Eleanor BarDer and -imoth!
D. Coughlin, ?D, and his Arothers and sisters, "aramour, and others suggests a sBan song 1or
Ni1ong need Ae "ing "onged along to the throng Bho Bhat done Bronged Coughlin here. E;en i1
onl! to send a clarion call out to CourtFs throughout Ne;ada, "olice de"artments, and "rosecutors
aliDe.
-o get an idea o1 hoB horriAl! co>o"ted 6C) ((( can Aecome in the hands o1 "rosecutors
liDe DD8 Zach Ni1ong, er, DD8 9oung, the Cit! o1 )enoFs $amela )oAerts, Christo"her 3aElett>
6te;ens, 4ill DraDe, 8llison %rmaas, and the 6BNFs $atricD %. Ping, one might re;ieB . 6. Ct. case
no: +7'9', 2N )E: D26C2$=2NE %. D8V2D =. -8NNE). Coughlin has Aeen sus"ended o;er
three months noB o;er a Gcand! Aar and some cough dro"sG, Bhereas -anner re"ortedl! had to
maDe resitituion o1 some L(',,,, incident to his "ett! larcen! con;iction. -anner, hoBe;er, did not
seem to dare "oint out an! o1 the constitutional laB issues relati;e to "olice and "rosecutorial
misconduct. 9ou DnoB, Gthe minute detailsG or minutiae that so GAogged doBnG Coughlin. .urther
trouAling is the 1act that the Ne;ada 6u"reme Court ClerDFs %11ice did maDe a notation or otherBise
marD as recei;ed -annerFs %""osition to the 6BNFs 6C) ((( $etition, Bhereas, CoughlinFs,
suAmitted ?a! 04th, 0,(0 in res"onse to the ?a! (,th, 0,(0 6BN 6C) ((( $etition 1iling, Bas not
notated in an! Ba! in the docDet, or a""arentl! Arought to an! 4ustices attention, and onl! a1ter the
4une 7th, 0,(0 %rder sus"ending Coughlin and the nationall! "uAlished 8ssociated $ress article o1
4une 9th, 0,(( detailing G)eno 8ttorne! 6us"ended 1or 6ho"li1ting .rom 7al>?artG did the ClerDFs
%11ice 1inall! 1ile, on 4une (,th, 0,(0, CoughlinFs %""osition to the 6BNFs 6C) ((( $etition. -he
im"lication is clear: in Ne;ada, donFt !ou dare mention the Em"erorFs clothes to the Gold Ao!s and
girls cluAG or otherBise inter1ere Bith the re;enue stream o1 the )?C, or suACect the Cit! o1 )eno
to 40 56C 6ec. (9*3 liaAilit! on account o1 the 1allout sure to ensue Bhen it continues to hire loose
- 28/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
cannons Bhose quali1ications include the un1ortunate characteristics toBards misconduct e/hiAited
here A! Duralde and )osa. -he Cit! o1 )eno could ha;e gotten out o1 this 1or L+,,,,. 2nstead, Cit!
8ttorne! 4ohn G4ohniee .e;erG Padlic, Esq. ha;e suACected e;er!one to this. 8nd, Dan 7ong aHDHa
GDon 7angG, $at PingFs aHDHa G$att! 2ceG# old co>BorDer at the 8ttorne! <enerals %11ice in Carson
Cit!, did the same thing )eno Cit! 8ttorne! "rosecutor 8llison GNo ?asG %rmaas did in res"onse
to CoughlinFs re"orting to 7ong the statements made A! )$D %11icer Chris Carter incident to the
No;emAer (0th, 0,(( custodial arrest 1or criminal tres"ass and signing 1o the criminal Com"laint
therein A! o""osing counsel in the e;iction 1rom CoughlinFs 1ormer home laB o11ice noB on a""eal
in the Ne;ada 6u"reme Court in ',33( and the L4,,,+, attorne!Fs 1ee aBard 1or 1ee incurred just on
appeal, incident to the District Court a""eal, in CV((>,3'0*, 1rom the 6ummar! E;iction G-rialG in
)4C )e;0,((>,,(7,* also no on a""eal in Ne;ada 6u"reme Court case '(3*3, the costs associated
Bith Aeing hard to meet gi;en that the )4C is still holding on to a""ro/imatel! L0,,,, Borth o1 Aail
incident to the three charges currentl! "ending against Coughlin, des"ite Coughlin ha;ing ser;ed 4'
da!s in Cail in the 7CDC since 8ugust 0,th, 0,(( alone, in connecdtion Bith the (, se"arate
instances Bhere local laB en1orcement and or the Cudiciar! ha;e arrested Coughlin 1or, inter alia,
Ca!BalDing, disturAing the "eace, 1ailure to secure a load on oneFs trucD, criminal tres"ass at oneFs
1ormer laB o11ice Bhere the 6ummar! E;iction Bas ne;er "ro"erl! ser;ed and the locDout Bas
unlaB1ull! done, allegedl! GstealingG a cand! Aar and some cough dro"s Bhere Coughlin
"ur"ortedl! ate them Bhile sho""ing 1or an! "a!ing 1or L*3.*0 Borth o1 groceries, a summar!
contem"t %rder 1or Coughlin sa!ing G7oBG in res"onse to 4udge Penneth 3oBard o1 the )?C
re1using to grant a continuance, the 1irst one requested A! Coughlin in the matter, des"ite )ichard
<. 3ill, Esq. a""l!ing an unlaB1ul rent distraint to e/cul"ator! materials and media located at
CoughlinFs 1ormer home laB o11ice, and Bhere the )?C "re;iousl! granted a continuance to the
- 29/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cit! o1 )eno one that CoughlinFs then attorne! =eB -aitel agreed to Ae1ore surre"tiousl! AoBing
out o1 the case in light o1 the oA;ious con1lict that should ha;e "re;ented him 1rom taDing on
CoughlinFs re"resentation and ;ieBing con1idential in1ormation thereto, ie, -aitels "artnershi" Bith
Ne;ada Court 6er;ices, "ur;e!ors o1 Ge;iction consulting ser;ices and "rocess ser;iceG that reeDs
o1 the unauthoriEed "ractice o1 laB, and Bhom Coughlin com"laint o1 criminal tres"ass and sought
to 1ile his oBn criminal tres"ass Com"laint against Bith the Cit! o1 )eno and )$D, to no a;ail, 1or
NC6Fs conduct on multi"le occasions in attem"tign to unlaB1ull! enter CoughlinFs rentals at )i;er
)ocD and at NorthBind 8"arments, and Bhom Coughlin 1iled a ci;il action against, on %ctoAer
(9th, 0,(( in CV((>,3,+(. -he 1act that soon a1ter -aitel recei;ed the con1idential disco;er!
"ro"ounded to him incident to re"resenting Coughlin, )ichard <. 3ill GmistaDenl!G 1iled a
document Bith the )4C that included CoughlinFs social securit! numAer he Cust missed it in the
;oluminous one "age e/hiAit consisting o1 3illFs "olice re"ort to the )$DI# and that 1act that Aoth
-aitel and 3ill s"ecialiEe in Gcollections laBG, is, a Ait trouAling. 2n CoughlinFs s"ectacular
dissection o1 attorne!Fs con;icted o1 "ett! larcen! cases in his 8ugust (3th, 0,(0 $etition Ae1ore the
Ne;ada 6u"reme Court in '(40', is re;ealed the e/tent to Bhich man! such cases in;ol;e more
serious 1elon! o11enses "led doBn to a "ett! larcen!. -he same is t!"icall! the case Bhere an
attorne! is con;icted o1 tres"ass, ie, a "lea agreement !ield such a tres"ass con;iction in lieu o1 a
much more serious o11ense. Coughlin, on the other hand, has Aeen o11ered nothing in the Ba! o1 a
legitimate "lea agreement A! the Cit! 8ttorne!Fs o11ice Bith res"ect to either the "ett! larcen! or the
criminal tres"ass con;ictions GBeFll DnocD o11 the Ca!BalDing charge i1 !ou Billl co" to the
tres"assG, Bhich the! Bould liDe, considering the custodial arrest 1or GCa!BalDingG is imminentl!
actionaAle under 40 56C 6ec. (9*3, and a criminal tres"ass con;iction is something $at Ping
threatens to 1ile an 6C) ((( $etition aAout, that is, unless Coughlin signs on to a 6C) ((7 4oint
- 30/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DisaAilit! "etition Bith the 6BN and, to Ae sure, 6C) ((7 is clear Bith res"ect to the 1act that
Bhile a disaAilit! 1inding sta!s an! "ending disci"linar! matter, it surel! does not, ultimatel!, maDe
it go aBa!. 6o des"ite ?r. Ping and Bar Counsel Da;id ClarDFs suggestions, it is not "ermissiAle
to attem"t to coerce an attorne! into Coining in on a 6C) ((7 $etition es"eciall! one as AacDBard,
ignorant, and 1raudulent at the one Ping and Disci"linar! Board Chairman 4. -homas 6usich 1iled
on 4une (*th, 0,(0 against Coughlin in ',97+# A! means o1 dangling the suggestion that an 6C)
((( $etition Aased u"on a criminal tres"ass con;iction Bould, instead, not Ae 1iled. 7hile the
6BNFs $at Ping threatens Coughlin Bith 1iling an 6C) ((('# "etition Aased u"on a criminal
tres"ass con;iction, the modern age, Bhat Bith its dataAases and numAer and te/t searchaAilit! ma!
caution Ping against doing so lest the 6BN Ae 1orced to, PonigsAerg gridHE/cel s"readsheet st!le,
e/"lain Bh! it GchoseG to 1ile a Gmandator!G 6C) ((( $etition here or there Bhere it 1ailed to here
or there. .urther, some interesting things are re;ealed u"on a re;ieB o1 such a data set taDe the
names o1 attorne!s on the BarFs rolls and run it against a dataAase o1 "ett! larcen! con;ictions, then
cross that against entries 1or 6C) ((( $etitions on the docDet, and Bhat do !ou getI Does it re;eal
a Ait more GdiscretionG than the 6BN Bould liDe to admit ha;ing ;is a ;is 6C) (((I 2s there an
estaAlished "attern o1 1a;oraAle "lea agreements Aeing o11ered to attorne!Fs charged Bith 6C)
((('# t!"es o1 o11enses Bhere such attorne!Fs G"la! AallG Bith the "rosecutors or their ci;il laB
counter"arts across the hallBa! at the Cit! 8ttorne!Fs or District 8ttorne!Fs %11icesI#.
8ssistant Bar Counsel $at PingFs conduct here has gone Ae!ond Brong1ul. .rom his
"ur"orting to alloB Coughlin to ;ieB the grei;ancesHcom"laints, and accom"!ing materials
suAmitted against him Bhich Ping re1used to do 1or months and still to this da! 1ails to 1ull! alloB
Coughlin access to, including the matter o1 Bho 1iled the Aar grie;ance consisting o1 .amil! Court
4udge =. <ardnerFs 8"ril 0,,9 %rder 1or 6anctions against Coughlin>so 1ar that grie;ance has an
- 31/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gimmaculate rece"tionG t!"e qualit! to it, "erha"s Aecause it Bould Ae a Ait untoBard to admit that
)?C 4udge 7. <ardner 1ailed to recuse himsel1 1rom Aoth CoughlinFs criminal tres"ass -rial and
the aAominaAle 4ul! +th, 0,(0 Aail hearing in )?C (0 C) (040,, Bherein 4udge <ardner
im"ermissiAl! raised CoughlinFs Aail on a Aasis not alloBed under Ne;ada laB and clearl!
indicated in his Bench BooD#. 4udge 7. <ardner raised CoughlinFs Aail 1rom a AondaAle L(,4(+ to
a cash only L3,,,, L(,,,, "er charge#, coerced consent 1rom Coughlin to access his "ri;ate
medicalHmental health records Bith the hel" o1 1ormer "rosecutorH)?C a""ointed de1ender Peith
=oomis Bhom Coughlin 1iled a Aar grie;ance against Bhich $at Ping dis"osed o1 in record time,
ie, less than one BeeD a1ter recei;ing it Bith aAsolutel! no 1urther inquiring Aeing undertaDing so 1ar
as con1erring Bith Coughlin, though the 6BN did re;eal that such a grie;ance had Aeen 1iled to
7C$D 4im =eslie Bhen the 6BN also in1ormed =eslie, incorrectl!, that grie;ance had not Aeen
1iled against =eslie himsel1, des"ite e/actl! that Aeing suAmitted to the 6BN on 8ugust 04th, 0,(0.
2t is time 1or the 6BN, and ClerDFs o1 Court throughout Ne;ada, to cease "icDing and choosing Bho
can 1ile Bhat, sometimes in ;iolation o1 N)C$ +e#, 6C) (,4, the 7hitman, 6ulli;an, Barnes, and
Donoho decisions, and Aasic due "rocess "rinci"les.
-he onl! sensiAle thing 1or Disci"linar! Board Chairman 6usich to do here is aAide A! the
1olloBing: 2ssue o1 con;icted 1ederal CudgeFs disci"line Bould not Ae re1erred to Disci"linar! Board
1or e;identiar! re;ieB Bhere 6tate Bar Board o1 <o;ernors had declined to re;ieB record on
ground o1 inadequate resources, and Disci"linar! Board had e;en less ca"acit! to undertaDe tasD.
6u".Ct.)ules, )ule (((. 6tate Bar o1 Ne;ada ;. ClaiAorne, (9**, 7+' $.0d 4'4, (,4 Ne;. ((+.
DonFt Ae an attacD dog 1or the rich and "oBer1ul, and i1 !ou undertaDe such a tasD, DnoB Bhen to
AacDs u" o11 o1 it and set !our cu" doBn Bhen !ou come across an attorne! Bith enough game to
shut doBn cron! toBn insert sloB motion ;ideo montage o1 1oregoing e;ents set to -enacious DFs
- 32/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
GCit! 3allG#. 8sD -om %rlich or $ete $adgett hoB Coughlin does Bith douAle and tri"le teams, and
Bhate;er other gimmicD! schemes that ma! Ae throBn his Ba!. 2ts gonna Ae all "um" 1aDes,
G"atented s"in mo;eG, u" and unders, o11 glass, de1t le1t hand, G?c3aleFs 6Ba!EeeG, and tri"s to the
1ree throB line 1or Coughlin. Coughlin is the 6tate o1 Ne;adaFs all>time leader in 1ree throBs
attem"ted in high school AasDetAall, indicating he has Aeen DnoBn to GBorD the re1sG Bhether the
Bear stri"ed shirts, or, some might sa!, AlacD roAes and still oBns the record 1or most "oints scored
in a season at Ne;adaFs oldest high school, )eno 3igh no, ElDo, that doesnFt count, either#, Bith
''( "oints in (99+. -hose ''( "oints Bere scored Bhile shooting '+.4X 1rom the 1ield, still good
enough 1or eighth "lace all>time on in the National .ederation o1 3igh 6choolFs )ecord BooD, the
onl! indi;idual entr! 1rom the state o1 Ne;ada 1ound therein, and suggesti;e that Coughlin, contrar!
to the L4,,+,, attorne!Fs 1ees aBard against Coughlin "ersonall! in the a""eal o1 the e;iction 1rom
his 1ormer home laB o11ice in CV((>,3'0*, does ha;e the aAilit! to Cudge Bhether something is a
Gslam dunDG or not ie, Bhether, under Anvui a genuine, material issue o1 1act or laB e/ists#.
7hether an con;iction in the i$hone "ett! larcen! 7CC ;ersion trial Bould amount to a
6C) (((0# Gserious crimeG liDel! ma! in;ol;ed an anal!sis o1 the 1olloBing authorit!:
Gclient# and a man "osing as someone elese# e/ecuted
the Aill o1
sale Bith 6loanFs assistance in 6loanFs o11ice...8ccording
to 6loan, =amA led him to
Aelie;e at this time note: months a1ter the e/ecution o1
the Aill o1 sale# that Aoth =amA and BrinDerho11 had Aeen
in;ol;ed in a 1raudulent scheme concerning the sale o1
stolen 1arm equi"ment.
6loan did not contact the authorities aAout the in1ormation
he recei;ed 1rom =amA. 6loan,
hoBe;er, Bas later a""roached A! the 7ashoe Count!
District 8ttorne!Fs %11ice aAout the
sale o1 the stolen tractor, and 6loan then e/"lained to the
District 8ttorne! that he had not
DnoBn the tractor Bas stolen at the time he "re"ared the
Aill o1 sale. 6loan 1urther e/"lained
- 33/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
that he had not gone to the authorities Bith the
in1ormation he recei;ed 1rom =amA in %ctoAer,
Aecause he Aelie;ed the in1ormation Bas Ncon1idential.O
Ne;ertheless, on 8ugust *, (9*,,
the District 8ttorne!Fs o11ice oAtained a grand Cur!
indictment against 6loan, charging
him Bith one count o1 1orger! o1 con;e!ance, a 1elon! in
;iolation o1 N)6 0,+.((+. -he indictment charged 6loan
Bith ha;ing intentionall! and DnoBingl! assisted in
"rocuring ?iDe
8ndersonFs 1raudulent signature as 7illiam =arson on the
Aill o1 sale 1or the tractor...
6loan later mo;ed to ha;e the charge against him se;ered
1rom the charges against =amA
and 8nderson, Aut the district court denied the motion.
6loan then Aecame concerned aAout
the ad;erse "uAlicit! he Bas recei;ing as a result o1 the
charge against him, and he 1eared that
the "uAlic Bould im"ro"erl! associate him Bith =amA and
8nderson as a result o1 the
trial courtFs 1ailure to se;er the charges. Consequentl!,
6loan engaged in "lea negotiations
Bith the District 8ttorne!Fs %11ice. 5ltimatel!, 6loan
agreed to "lead nolo contendere to one
count o1 Ncons"irac! to commit the crime o1 Aeing an
accessor! to a 1orged con;e!ance,O a
gross misdemeanor. -he "lea Bas entered "ursuant
to...8l1ord...Bith 6loan re1using to admit his guilt.
8dditionall!, the "lea Bas s"eci1icall! Aased on 6loanFs
1ailure to disclose the 1raudulent nature o1 the transaction
Bhen he learned o1 it in %ctoAer, and Bas not Aased on
an! Brongdoing on 6loanFs "art Bith regard to the
transaction itsel1. .olloBing his "lea, the district court
1ined 6loan L+,,...
...%n No;emAer 0(, (9*4, the 6tate Bar o1 Ne;ada
"etitioned this court "ursuant to 6C) (((
to sus"end attorne! 6loan tem"oraril! 1rom the "ractice o1
laB "ending the 1inal dis"osition o1
Aar disci"linar! "roceedings against 6loan. .N0 -he 6tate
Bar argued that the tem"orar! sus"ension Bas Barranted,
on the ground that 6loan had Aeen con;icted o1 a Nserious
crime,O as
de1ined in 6C) ((( 0#. -his court, hoBe;er, concluded
that a suAstantial question e/isted as
to Bhether 6loanFs con;iction did in 1act constitute a
con;iction 1or a serious crime Bithin the
- 34/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
meaning o1 6C) ((( 0#. 8ccordingl!, Be re1used to
sus"end 6loanFs license tem"oraril!, and
Be directed the Disci"linar! Board to determine Bhether
6loan Bas in 1act con;icted o1 a serious
crime Barranting sus"ension or other disci"line.
.N0. 6C) ((( "ro;ides in "art:
(# 5"on the 1iling Bith the su"reme court o1 a certi1icate
o1 con;iction demonstrating
that an attorne! has Aeen con;icted o1 a serious crime, as
de1ined in this rule ...
the court shall enter an order sus"ending the attorne! ...
"ending 1inal dis"osition o1 a
disci"linar! "roceeding, Bhich shall Ae commenced A! the
a""ro"riate disci"linar!
Aoard u"on notice o1 con;iction....
0# -he term Nserious crimeO means (# a 1elon! and 0#
an! crime less than a 1elon!
a necessar! element o1 Bhich is ... im"ro"er conduct o1 an
attorne!, inter1erence Bith
the administration o1 Custice ... misre"resentation, 1raud ...
deceit ... or an attem"t or a
cons"irac! or solicitation o1 another to commit a Nserious
crime.O
.olloBing a hearing on the matter, the Disci"linar! Board
1ound that 6loan had indeed
Aeen con;icted o1 a Nserious crime,O T44, and
recommended that 6loan Ae sus"ended 1rom
the "ractice o1 laB 1or a "eriod o1 nine months, and that he
Ae assessed the costs o1 the disci"linar!
"roceedings. -his a""eal 1olloBed.
D26C5662%N
%n a""eal 6loan contends, among other things, that the
Board erred A! concluding that the
o11ense o1 Bhich he Bas con;icted constituted a serious
crime. .or the reasons set 1orth AeloB,
Be agree.
6C) ((( 0# de1ines a Nserious crimeO as Aeing an!
1elon!, or an! crime less than a 1elon!
a necessar! element o1 Bhich is TT333 Nim"ro"er conduct
as an attorne!, inter1erence Bith the
administration o1 Custice ... misre"resentation, 1raud ...
deceit ... or an attem"t or a cons"irac!
or solicitation o1 another to commit a Yserious crime.M O 2n
the "roceedings AeloB, counsel 1or
the 6tate Bar argued that 6loanFs con;iction Bas Aased on
1raudulent conduct committed A!
- 35/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6loan. 6"eci1icall!, counsel argued that 6loan Bas aBare
at the time he "re"ared the Aill o1
sale 1or BrinDerho11 that a 1raud Bas Aeing committed, and
that 6loan Bas there1ore a DnoBing
"artici"ant in the 1raudulent act. -he e;idence in the
record, hoBe;er, clearl! indicates that
6loan did not ha;e DnoBledge o1 the 1raudulent act until at
least tBo months later Bhen he
Bas contacted A! =amA and ad;ised o1 the stolen nature o1
the 1arm equi"ment and o1 the 1act
that ?ichael 8nderson had "osed as 7illiam =arson.
.urther, 6loanFs 8l1ord "lea Bas s"eci1icall!
Aased on his 1ailure to re"ort the 1raud rather than on his
acti;e "artici"ation in the
1raud. .inall!, Be note that during the oral argument o1
this a""eal, 6tate Bar counsel conceded
that 6loan, an unDnoBing "artici"ant in the 1raud, Bas
~unwittingly used A! 8nderson
and =amA to commit the 1raud. 8ccordingl!, Be conclude
that 6loan Bas not guilt! o1 an!
1raudulent Aeha;ior.
-he 6tate Bar, hoBe;er, contends that a""ellantFs
con;iction should Ae ;ieBed as a
~serious crime Barranting sus"ension sim"l! Aecause
the crime to Bhich 6loan "leaded
guilt! Bas denominated a Ncons"irac!.O -he Bar
a""arentl! Aelie;es that the mere laAeling o1
the crime as a cons"irac! Barrants sus"ension regardless
o1 the underl!ing 1acts o1 the o11ense.
7e disagree.
R(SR0S 2n a disci"linar! "roceeding, it is the dut! o1 this
court to looD Ae!ond the laAel gi;en
to a con;iction in order to determine Bhether the
underl!ing circumstances o1 the con;iction
Barrant disci"line. 6ee generall! 2n re Cochrane, 90 Ne;.
0+3, +49 $.0d 30* (97'#.
=ooDing to the true nature o1 the 1acts as conceded A! the
6tate Bar, it is a""arent that 6loan
did not engage in a cons"irac!, nor did he e;er admit to a
cons"irac! Bhen he entered
his "lea. 2n 1act, it a""ears that 6loan did not engage in
an! criminal conduct Bhatsoe;er, and
that 6loan actuall! entered a "lea to a non>e/istent
o11ense. 6"eci1icall!, Be DnoB o1 no statute,
and Bar counsel has "ointed to none, Bhich Bould maDe it
an o11ense to 1ail to disclose to
- 36/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the authorities that a crime has taDen "lace. 8ccordingl!,
under the circumstances o1 this case,
Be must conclude that the Board erred A! concluding that
6loan Bas con;icted o1 a serious
crime Bithin the meaning o1 6C) ((( 0#.G 6loan ;. 6tate
Bar o1 Ne;ada, (,0 Ne;. 43', at 44( 70' $.0d 33,, at 3*+
Ne;.,(9*'#. em"hasis added#.
But, rememAer, 9 amended his Com"laint, in sus"icious connection Bith the ;ideo o1 the
arrest a""earing on BBB.!outuAe.com and Duralde sudden creation o1 a Narrati;e on No;emAer
0*th, 0,((, o;er three months a1ter the arrest and, rememAer, the )?C 4udge Penneth 3oBard
and Cit! o1 )eno "rosecutor $amela )oAerts, Esq., aAsolutel! threB the liArar!, not Cust the AooD at
Coughlin tBo da!s later on No;emAer 3,th, 0,(( at -rial in )?C (( C) 00(7' Bhen Coughlin
Bas denied his 6i/th 8mendment )ight -o Counsel, Bith onl! and indication 1rom 4udge 3oBard
that the charge t!"icall! does not result in Cail time and the 0,,* Ne;ada Courts o1 =imited
4urisdiction Bench BooD and 0,(, 6u""lement# e/"licitl! sets 1orth the Ainding, mandator!
"recedent o1 8ingersinger, Bhich states that the Gmere "ossiAilit!G o1 Cail time results in a 6i/th
8mendment requirement 1or a""ointed counsel, and gi;en that 4udge 3oBard sentenced,
summaril!, "racticing attorne! Coughlin to three da!s in Cail, Aeginning right then>the ?arshals
rushed u" to Coughlin at 9 "m at night at the -rialFs conclusion and 1orced cu11s on him, re1using to
alloB Coughlin to e;en sa;e his trial notes on his com"uter, and 4udge 3oBard denied CoughlinFs
?otion 1or 6ta! the second Coughlin 1inished uttering the Bord G6ta!G, re1using to alloB an!
argument thereto, including Bhether CoughlinFs clientFs Bould Ae undul! "reCudiced, Ae!ond 4udge
3oBard curtl! mentioning hoB terriAl! GsaddenedG it made him to thinD o1 the damage that might
Ae done to CoughlinFs clientFs interests A! the summar! contem"t %rder and immediate
incarceration. -he lacD o1 due "rocess in that case is set 1orth in e/"licit details in the 1ilings,
a;ailaAle on the Ne;ada 6u"reme CourtFs BeAsite, in '(*3*#.
- 37/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DD8 9oung chose to charge Coughlin Bith the "etit larcen! code section 1ound in the
7ashoe Count! Code. 3e did that 1or a reason. 2ts easier to a get a con;iction under 7CC +3.(',
o1 "etit larcen!, gi;en the 1act that GintentG is not an element in 7CC +3.(',, Bhile it is a required
element o1 the N)6 ;ersion o1 "etit! larcen! in N)6 N)6 0,+.04, Bhich is too Aad, Aecause N)6
0,+.,*30 Bould ha;e hel"ed DD8 9oung get the language he needs to attem"t to maDe Glost,
mislaid or aAandondedG "ro"ert! a suACect o1 "etit larcen!. 3oBe;er, DD8 9oung must taDe the
good Bith the Aad. -he good aAout 7CC +3.(',: he doesnFt need to "ro;e Coughlin had the intent
to steal. -he Bad: there is nothing in the 7CC that accom"lished Bhat N)6 0,+.,*30d# does 1or
the N)6 ie, de1ines the1t to include situations Bhere one,, under N)6 0,+.,*30d# : GComes into
control o1 lost, mislaid or misdeli;ered "ro"ert! o1 another "erson under circumstances "ro;iding
means o1 inquir! as to the true oBner and a""ro"riates that "ro"ert! to his or her oBn use or that o1
another "erson Bithout reasonaAle e11orts to noti1! the true oBner.G#. Good with the bad. Too
bad for DDA Young, he is stuck with WCC 53.160 and the WCC is general because that is
what he put in his Complaint and Amended Complaint, and the WCC does not define "theft"
the same way that the NRS does under NRS 205.0832(d). 2t Bould sim"l! Ae "reCudicial to
alloB DD8 9oung to "icD and choose Aits o1 codes and laBs here and there and maDe a "astiche
Bith Bhich to charge and "rosecute 1rom.
6ee, N)6 0,+.04,, has an GintentG com"onent to it: N)6 0,+.04,:
G$etit larcen!: "enalt!. (. E/ce"t as otherBise "ro;ided in N)6 0,+.00,,
0,+.00', 0,+.00* and 47+.(,+, a "erson commits "etit larcen! i1 the "erson: a#
Intentionally steals, taDes and carries aBa!, leads aBa! or dri;es aBa!: (#
$ersonal goods or "ro"ert!, Bith a ;alue o1 less than L'+,, oBned A! another
"erson:
8nd this is the section DD8 9oung Bould "roAaAl! liDe to see gra1ted onto the 7CC to
maDe it so he could charge 7CC +3.(', getting around the intent element# Bhile also ha;ing the
- 38/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
aAilit! to de1ine Gthe1tG or Glarcen!G to include situations Bhere one GComes into control o1 lost,
mislaid or mis>deli;ered "ro"ert! o1 another "erson under circumstances "ro;iding means o1
inquir! as to the true oBner and a""ro"riates that "ro"ert! to his or her oBn use or that o1 another
"erson Bithout reasonaAle e11orts to noti1! the true oBnerG:
N)6 0,+.,*30 8ctions Bhich constitute the1t.
G(. E/ce"t as otherBise "ro;ided in suAsection 0, a "erson commits the1t i1,
Bithout laB1ul authorit!, the "erson DnoBingl!:...
d# Comes into control o1 lost, mislaid or misdeli;ered "ro"ert! o1 another "erson
under circumstances "ro;iding means o1 inquir! as to the true oBner and
a""ro"riates that "ro"ert! to his or her oBn use or that o1 another "erson Bithout
reasonaAle e11orts to noti1! the true oBner.G
Certainty and particularity--In general: Crime must Ae charged in indictment Bith
precision and certainty and every ingredient of which it is composed must be accurately and
clearly alleged. %rnelas ;. 5nited 6tates, (9+', 03' ..0d 390.
Indictment And Information>> 2n1ormation alleging that the de1endant aided and aAetted
1our murders needed to specify how he did so. E;ans ;. 6tate, 0,,(, 0* $.3d 49*, ((7 Ne;. ',9,
rehearing denied. 8n indefinite indictment deprives defendant of notice o1 "articular act
alleged to ha;e Aeen committed A! accused and deprives defendant of his ability to defend
properly against accusation, and there1ore inde1inite indictment denies defendant his
fundamental rights. 5.6.C.8. Const.8mends. +, (4. 7right ;. 6tate, (9*+, 7,( $.0d 743, (,(
Ne;. 0'9.
Purpose of requirement, certainty and particularity>> $rinci"al "ur"ose o1 indictment is
to provide defendant with description of charges against him in sufficient detail to enable
him to prepare defense and "lead douAle Ceo"ard! in later "rosecution: hoBe;er, indictment is
not constitutionall! de1ecti;e i1 it states elements o1 o11ense charged Bith sufficient clarity to
- 39/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
apprise defendant of what to defend against. 5.6.C.8. Const.8mend. Ne;ius ;. 6umner, (9**,
*+0 ..0d 4'3. 8ccusation must include such a descri"tion o1 the acts alleged to ha;e Aeen
committed as Bill enaAle the accused to de1end against the accusation. N.).6. (73.,7+, suAd. (.
6heri11, ClarD Count! ;. BlasDo, (9*0, '47 $.0d 37(, 9* Ne;. 307. Generally, an information
which charges an offense solely in terms of conclusory language does not provide adequate
notice of the charges to accused and therefore does not state a public offense. =emAeres ;.
6tate, (9*(, '34 $.0d (0(9, 97 Ne;. 490. 2n the in1ormation, the "rosecution is required to maDe a
de1inite statement o1 1acts constituting the o11ense in order adequatel! to noti1! the accused o1 the
charges and to "re;ent the "rosecution 1rom circum;enting the notice requirement A! changing
theories o1 the case. N.).6. (73.,(+, (73.,7+, suAd. (. 6heri11, ClarD Count! ;. =e;inson, (979,
+9' $.0d 030, 9+ Ne;. 43'. 2ndictments Bhich set out statements o1 acts constituting the o11enses
in such a manner as to in1orm the accused Bith reasonaAle certaint! o1 the s"eci1ic o11ense Bith
Bhich he is charged are su11icient. 6tate ;. Benigas, (979, +94 $.0d 704, 9+ Ne;. 3+*. 8ccused
has right to Ae in1ormed o1 nature and cause o1 accusation against him and must Ae a11orded a
reasonaAle o""ortunit! to oAtain Bitnesses in his 1a;or. Zessman ;. 6tate, (97*, +73 $.0d ((74, 94
Ne;. 0*.
50 Am. 1ur. 2d Larceny 58. Abandoned, lost, or mislaid propert!:
?ost modern authorit! holds that larcen! ma! Ae committed Bhen a "erson 1inds
and retains an oBnerFs lost "ro"ert!,R(S so long as it Bas the 1inderFs intent to
de"ri;e the oBner o1 the "ro"ert!.R0S -o estaAlish the o11ense o1 the1t o1 lost or
mislaid "ro"ert!, the state must "ro;e: (# that the "ro"ert! Bas lost or mislaid,
0# that the de1endant DneB or learned the oBnerFs identit! or learned o1 a
reasonaAle method o1 identi1!ing the oBner, and +, 8m. 4ur. 0d =arcen! Q +* 3#
that the de1endant 1ailed to taDe reasonaAle measures to return the "ro"ert!.R3S
7hen one acquires lost "ro"ert! Bhich he or she DnoBs to ha;e Aeen lost or
mislaid and does not taDe reasonaAle measures to return it to its oBner, the
acquirer commits larcen! i1 his or her intent is to dis"ose o1 the "ro"ert! 1or the
acquirerFs oBn Aene1it or that o1 another "erson.R 4S -aDing or Bithholding o1
such "ro"ert! is not Brong1ul unless the 1inder 1ailed to taDe reasonaAle measures
- 40/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to return the "ro"ert! to its true oBner.R+S -here is authorit! that there can Ae no
con;iction 1or the o11ense o1 the1t o1 lost or mislaid "ro"ert! Bithout su11icient
e;idence that the "ro"ert! Bas actuall! lost or mislaid.R'S %ther authorit! states
that, Ae1ore larcen! o1 such "ro"ert! ma! Ae charged, there must Ae e;idence that
the oBner still claims a right or interest in the "ro"ert!.R7S Abandoned property
is not the subject of larceny,R9S Aecause "ro"ert! that has Aeen ;oluntaril!
aAandoned A! the oBner Aecomes suACect to a""ro"riation A! the 1irst taDer or
1inder, Bho acquires it aAsolutel!.R(,S -he ?odel $enal Code "ro;ides that a
"erson Bho comes into control o1 "ro"ert! o1 another DnoBing it to ha;e Aeen
lost, mislaid, or deli;ered under a mistaDe as to the nature or amount o1 the
"ro"ert! or the identit! o1 the reci"ient is guilt! o1 the1t i1, Bith a "ur"ose to
de"ri;e the oBner o1 it, the "erson 1ails to taDe reasonaAle measures to restore the
"ro"ert! to the one entitled to ha;e it.R((S
R.N(S =ong ;. 6tate, 33 8la. 8"". 334, 33 6o. 0d 3*0 (94*#: Calhoun ;. 6tate,
(9( ?iss. *0, 0 6o. 0d *,0 (94(#: 6tate ;. Pau1man, 3(, N.7.0d 7,9 N.D.
(9*(#: 6tate ;. ?acD, 3( %r. 8"". +9, +'9 $.0d '04 (977#: 6tate ;. 4im, (3 %r.
8"". 0,(, +,* $.0d 4'0 (973#. 8s to stra! animals, see QQ +4, ++. 8s to Bhen
1inder o1 lost goods ma! Ae guilt! o1 larcen!, see Q **. R.N0S 6tate ;. ?oore, 4'
N.C. 8"". 0+9, 0'4 6.E.0d *99 (9*,#. R.N3S 6tate ;. 6mith, 07' ?ont. 434, 9('
$.0d 773 (99'#. R.N4S $eo"le ;. Dadon, ('7 ?isc. 0d '0*, '4, N.9.6.0d 40+
Cit! Crim. Ct. (99'#. R.N+S 6tate ;. E;ans, ((9 2daho 3*3, *,7 $.0d '0 Ct.
8"". (99(#. R.N'S 6tate ;. ?acD, 3( %r. 8"". +9, +'9 $.0d '04 (977#. .loral
designs "laced u"on a gra;e are o1 ;alue to their donors so long as the! remain in
a condition to ser;e the intended "ur"ose, Aut Bhen the! ha;e Bithered and died
the! cease to Ae the suACect o1 larcen!. Busler ;. 6tate, (*( -enn. '7+, (*4
6.7.0d 04 (944#. R.N7S 6hedd ;. 6tate, 3+, 6o. 0d (,*+ .la. Dist. Ct. 8"". (st
Dist. (977#. R.N9S Morissette v. U.S., 342 U.S. 246, 72 S. Ct. 240, 96 L. Ed.
288 (1952); Com. v. Wetmore, 301 Pa. Super. 370, 447 A.2d 1012 (1982).
R.N(,S 8m. 4ur. 0d, 8Aandoned, =ost, and 5nclaimed $ro"ert! Q 07. R.N((S
?odel $enal Code Q 003.+.G
Larceny by finder of property, 36 A.L.R. 372:
2 =ost "ro"ert!
a <eneral rule
A =ost goods as suACect o1 larcen!
c $lace Bhere "ro"ert! is 1ound
d 2ntent o1 1inder
e PnoBledge or notice as to oBner
1 7ithholding "ro"ert! 1or reBard
g 6tatutor! "ro;isions
22 ?islaid "ro"ert!
a <enerall!
A 2ntent o1 1inder
c $ro"ert! 1ound in "ro"ert! "urchased
- 41/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"I. Lost property
a. General rule
-he general rule is that the 1inder o1 lost "ro"ert! is not guilt! o1 larcen! unless he
a""ro"riates the same to his oBn use Bith DnoBledge o1, or the immediate means o1
ascertaining, the oBner thereo1, and Bith 1elonious intent entertained at the time o1 the
1inding. 6ee the cases cited throughout this annotation.
-hus, in the re"orted case 8tDinson ;. Birmingham, ante, 3''#, it is held that the
a""ro"riation o1 mone! 1ound on a "uAlic street is not larcen! Bhere the oBner thereo1 is
not in sight, no marDs a""ear on the mone!, and no other means o1 ascertaining the true
oBner are a;ailaAle at the time the 1inder a""ro"riates it.
-he rule Bas stated A! the court in the 1olloBing language in Com. ;. ?etcal1e (9(9#
(*4 P!. +4,, 0(0 6.7. 434: G-he 1inder o1 lost "ro"ert!, Bhere there is no clue to the
oBnershi", although inad;ertentl! or negligentl! lost, Aecomes the oBner o1 the
"ro"ert!, Bhere the oBner is ne;er disco;ered and 1ails to assert his oBnershi", and
hence a 1inder o1 lost "ro"ert! is not guilt! o1 larcen! Bhen he taDes "ossession o1 and
con;erts to his use "ro"ert! the oBner o1 Bhich he does not DnoB, and Bhere he has no
clue to the oBnershi": Aut, i1 the 1inder has a clue to the oBnershi" o1 the "ro"ert!, the
taDing Bill Ae larcen!, i1 1eloniousl! done.G
6o the rule clearl! deduciAle 1rom the authorities is that i1 the 1inder o1 lost articles
neither DnoBs nor has an! immediate means o1 ascertaining the oBner, and a""ro"riates
them to his oBn use, he is not guilt! o1 larcen!, Bhate;er ma! Ae his intent at the time. 21
he does DnoB, or has the immediate means o1 ascertaining, Bho the oBner is, there must
Ae a 1elonious intent to steal at the time o1 the taDing in order to constitute larcen!: and a
suAsequentl! 1ormed intent is not su11icient. BreBer ;. 6tate (9(,# 93 8rD. 479, 3,
=.).8. N.6.# 339, (0+ 6.7. (07, 0, 8nn. Cas. (37*.
-he mere 1act that a "erson con;erts to his oBn use goods 1ound A! him does not, as a
matter o1 laB, maDe him guilt! o1 the1t. -he question o1 guilt must Ae determined A! the
Cur! 1rom the attending circumstances, such as the descri"tion o1 goods 1ound, the "lace
o1 1inding, the time ela"sing AetBeen the 1inding and the con;ersion, the "roAaAilit! o1
the oBner Aeing disco;ered, the manner o1 dealing Bith the goods, and the e11ort or Bant
o1 e11ort to disco;er the oBner. )eg. ;. 6la;in (9,,# 3+ N. B. 3**.
b. Lost goods as subject of larceny
-he authorities 1urnish a strong color 1or the o"inion, Bhich "erha"s is entertained
generall!, that ancientl! goods casuall! lost Bere not considered to Ae the suACect o1
larcen! under an! circumstances. )ansom ;. 6tate (*+0# 00 Conn. ('(. Baron $arDe, in
the leading case u"on the suACect under consideration, reached this conclusion 1rom a
re;ieB o1 the earliest authorities, sa!ing: G2n the earliest times it Bas held that chattels
Bhich Bere a""arentl! Bithout an oBner, nullius in Aonis, could not Ae the suACect o1
larcen!. 6taun1ord, one o1 the oldest authorities on criminal laB, Bho Bas a Cudge in the
reign o1 $hili" and ?ar!, sa!s AD. (, cha". ('#: F-reasure tro;e, BrecD o1 the sea, Bai1 or
stra!, taDen and carried aBa!, is not 1elon!. G@uia dominus rerum non a""aret, ideo
cuCus sunt incertum est.GF .or this he quotes .itE. 8Ar. FCoron.,F "". (*7, 0'+. -hese
"assages are taDen 1rom 00 8ss. 99, 00 EdB. 222., and mention onl! Ftreasure tro;e,F
- 42/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FBrecD,F and FBai1:F and .itEherAert sa!s the "unishment 1or taDing such is not the loss o1
li1e or limA. -he "assage in 3 Co. 2nst. (,*, goes Ae!ond this. =ord CoDe mentions three
circumstances as material in larcen!: 1irst, the taDing must Ae 1elonious, Bhich he
e/"lains: secondl!, it must Ae an actual taDing, Bhich he also e/"lains: thirdl!, it is not
A! tro;er or 1inding. 3e then "roceeds as 1olloBs: F21 one lose his goods, and another 1ind
them, though he con;ert them animo 1urandi to his oBn use, it is not larcen!, 1or the 1irst
taDing is laB1ul: so i1 one 1ind treasure tro;e, or Bai1, or stra! here GBrecDG is omitted
and Gstra!G introduced#, and con;ert them ut su"ra, it is no larcen!, Aoth in res"ect o1 the
1inding, and that Gdominus rerum non a""aret.GFG )eg. ;. -horAurn (*49# ( Den. C. C.
Eng.# 3*7, -em"le W
?. '7, 0 Car. W P. *3(, (* =. 4. ?ag. Cas. N. 6. (4,, (3 4ur. 499, re"orted also as )eg.
;. 7ood, 3 Co/, C. C. 4+3, 3 NeB. 6ess. Cas. +*(.
d. Intent of finder: E;er! taDing A! one "erson o1 the "ersonal "ro"ert! o1 another
Bithout his consent is not larcen!: and this although it is taDen Bithout right or claim o1
right. 6u"eradded to this there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an intent to con;ert them
aAsolutel! to his oBn use must coe/ist Bith the act o1 1inding. 21 such intent does not
e/ist at the time o1 the 1inding, Aut, instead, the 1inder intends to restore the "ro"ert! to
the oBner, a suAsequent concealment, or 1raudulent a""ro"riation, does not constitute
larcen!. Ne;ada: State v. Clifford 1879# 14 Nev. 72, 33 Am. Rep. 526 .
It was said in Rountree v. State (1877) 58 Ala. 381, that the mere taking away
of found property, with intent to convert it to the finder's use, is not sufficient to
constitute larceny, as there must also appear a felonious intent.
G-he 1inder o1 "ersonal "ro"ert! Bhich has Aeen inad;ertentl! or negligentl! lost, and
Bho taDes it into his "ossession, thereA! se;ers the "ossession o1 the oBner: Aut the
1inder does not commit larcen! in so doing, unless he taDes it Bith the intention to
a""ro"riate it to his oBn use, and to "ermanentl! de"ri;e the oBner o1 his "ro"ert! and
use o1 it.G Com. ;. ?etcal1e (9(9# (*4 P!. +4,, 0(0 6.7. 434.
2n Berr! ;. 6tate %Dla.# su"ra, it Bas held that the intent to a""ro"riate lost
"ro"ert! to the 1inderFs oBn use Bas estaAlished A! e;idence that he hid it instead o1
maDing reasonaAle e11orts to restore it to the oBner.
-he question Bhether the goods Bere taDen originall! A! the accused 1eloniousl!, animo
1urandi, is alBa!s a question o1 1act, and usuall! the "rinci"al one, 1or the Cur! to
determine. )ansom ;. 6tate (*+0# 00 Conn. ('(. -his intent need not Ae "ro;ed A!
"ositi;e testimon!, Aut ma! Ae in1erred 1rom circumstances. 7ea;er ;. 6tate (**4# 77
8la. 0', + 8m. Crim. )e".
3''. 2t ma! Ae ascertained, liDe the intent Bith Bhich an! other act is done, A! a care1ul
e/amination o1 the 1acts and circumstances "receding, attending, and 1olloBing the
1inding. 8llen
;. 6tate (*9,# 9( 8la. (9, 04 8m. 6t. )e". *+', * 6o. ''+: 7ol1ington ;. 6tate (*7'#
+3 2nd.
343. 2nquiries ma! Ae made as to the manner in Bhich the 1inder conducted himsel1 Bith
the goods, and his "resent means o1 DnoBing or ascertaining the oBner. 8llen ;. 6tate
8la.# su"ra.
- 43/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-o constitute larcen! there must Ae a criminal intent at the time o1 the taDing. Drummond
;. 6tate (9(3# 7( -e/. Crim. )e". 0',, (+* 6.7. +49, holding that Bhere a Ao! 1ound a
"air o1 glo;es, and tooD them into his "ossession 1or the "ur"ose o1 carr!ing them to the
"erson Bhom he su""osed to Ae the oBner, and later, learning that another "erson had
lost glo;es and ad;ertised 1or the same, tooD them to him and le1t them u"on Aeing
assured that the! Aelonged to the third "erson, he had no such intent to steal as is
necessar! to constitute larcen!.
-o constitute the1t, said the -e/as court o1 a""eals, Gthe 1raudulent intent, Bhich is the
gist o1 this o11ense, must e/ist in the mind o1 the taDer at the ;er! time o1 the taDing: and,
in the case o1 lost "ro"ert!, the time o1 the taDing is the time o1 the 1inding o1 the
"ro"ert!. 21 the 1raudulent intent did not e/ist at the time o1 the taDing, no suAsequent
1raudulent intent in relation to the "ro"ert! Bill constitute the1t.G ?artineE ;. 6tate (**4#
(' -e/. 8"". (00.
G2t ma! reasonaAl! Ae said not to Ae a ;iolation o1 an! social dut! 1or a man Bho 1inds a
lost article to taDe it home 1or the "ur"ose o1 1inding out the true oBner: and i1 he does
this honestl! in the 1irst instance, and a1terBards, though he ma! ha;e disco;ered the
true oBner, is seduced into a""ro"riating to his oBn use, he is not guilt! o1 larcen!,
though he does Brong.G )eg. ;. )ile! (*+'# Dears. C. C. Eng.# (49.
-he su"reme Cudicial court o1 ?assachusetts, in an o"inion A! <ra!, 4., then chie1
Custice, said: G-he 1inder o1 lost goods ma! laB1ull! taDe them into his "ossession: and i1
he does so Bithout an! 1elonious intent at that time, a suAsequent con;ersion o1 them to
his oBn use, A! Bhate;er intent that con;ersion is accom"anied, Bill not constitute
larcen!. But i1, at the time o1 1irst taDing them into his "ossession, he has a 1elonious
intent to a""ro"riate them to his oBn use and to de"ri;e the oBner o1 them, and then
DnoBs or has the reasonaAle means o1 DnoBing or ascertaining, A! marDs on the goods or
otherBise, Bho the oBner is, he ma! Ae 1ound guilt! o1 larcen!.G Com. ;. -itus (*74#
((' ?ass. 40, (7 8m. )e". (3*, ( 8m. Crim. )e". 4('.
e. Knowledge or notice as to owner
Generally.
- 44/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-he other element o1 the o11ense, in addition to the intent to taDe com"lete and e/clusi;e
dominion o;er the goods 1ound, relates to DnoBledge or notice as to the oBner. 21 the
1inder, at the time o1 1inding, does not DnoB Bho is the oBner o1 the "ro"ert!, and there
are no marDs thereon, or other circumstances A! Bhich the oBner ma! Ae disco;ered, the
a""ro"riation to the 1inderFs use does not amount to larcen!.A man, knowing the owner
of goods, cannot lawfully pick them up without returning them to him; but a man,
not knowing the owner, can. The doctrine, therefore, is that if, when one takes
goods into his hands, he sees about them any marks, or otherwise learns any facts,
by which he knows who the owner is, yet with felonious intent appropriates them to
his own use, he is guilty of larceny; otherwise not. Some of the cases say if he knows
who the owner is, or has the means of ascertaining; but the better form of the
doctrine is as just set down, because every man, by advertising and inquiring, can
find the owner if he is to be found, Brewer v. State (Ark.) supra.
-he court said in )andal ;. 6tate ?iss.# su"ra, that Git is a settled "rinci"le o1 laB that i1
one lose his goods, and another 1ind them and con;ert them to his oBn use, not DnoBing
the oBner, this is no larcen!.G 6imilarl! it Bas said in 7ol1ington ;. 6tate 2nd.# su"ra,
that Gi1 the 1inder does not DnoB, and has not, at the time o1 taDing "ossession o1 the
goods, the means o1 then DnoBing the oBner, the case is one o1 tro;er and con;ersion,
and not o1 larcen!.G
-he mere 1act o1 a "ersonFs con;erting to his oBn use goods 1ound A! him, regardless o1
the attending circumstances, does not, as a matter o1 laB, maDe him guilt! o1 the1t. )eg.
;. 6la;in N. B.# su"ra.
Con;ersel!, i1, at the time o1 the taDing, the taDer DnoBs or has means o1 disco;ering the
oBner, it is his legal and moral dut! to hold and restore the goods to him: and i1, under
such circumstances, he aAsolutel! a""ro"riates them to his oBn use, e/cluding the
dominion o1 the oBner, it is larcen!.
Effort to find owner.
6ince the 1inderFs Aelie1, or ground o1 Aelie1, in regard to 1inding the oBner, is to Ae
determined A! the circumstances a""arent to him at the time o1 1inding the "ro"ert!, guilt
cannot Ae "redicated o1 a 1ailure to e/ercise diligence to 1ind the oBner. -he 1inder is not
Aound to search 1or or to taDe an! other measures to disco;er the oBner. BrooDs ;. 6tate
(*7*# 3+ %hio 6t. 47: -anner ;. Com. (*+7# (4 <ratt. Va.# '3+: $errin ;. Com. (*9(#
*7 Va. ++4, (3
6.E. 7'. 6ee also in1ra, 2. g., 1or statutes declaring the contrar! rule. 2n -anner ;. Com.
(*+7# (4 <ratt. Va.# '3+, su"ra, the court said: G7here there are no indicia A! Bhich
the oBner can Ae 1ound, the a""ro"riation to the 1inderFs use does not amount to larcen!:
1or, as it has Aeen held, the 1inder o1 a chattel actuall! lost is not Aound to taDe an! means
to disco;er the oBner: he must DnoB him immediatel! 1rom marDs aAout the "ro"ert! or
otherBise.G
2n some o1 the earlier cases it Bas declared that a 1ailure to use reasonaAle means to
disco;er the oBner, A! ad;ertising, rendered the 1inder guilt!. )eg. ;. Co11in (*4'# 0
Co/, C. C. Eng.# 44: )eg. ;. )eed (*40# Car. W ?. Eng.# 3,': )eg. ;. Perr (*37# *
Car. W $. Eng.#
- 45/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(7'. -hese e/"ressions, hoBe;er, are dicta, and ha;e Aeen o;erruled. )eg. ;. 6hea
(*+'# 7 Co/, C. C. Eng.# (47.
-he ;ieB has Aeen taDen, rightl!, it Bould seem, that a neglect to taDe reasonaAle
measures to 1ind the oBner raises a "resum"tion o1 1elonious intention in the taDing.
6tate ;. Briscoe (9,,# 3 $enn. Del.# 7, +, 8tl. 07(.
21 the de1endant at no time claims the "ro"ert! as his oBn, or attem"ts to conceal it, Aut,
on the contrar!, maDes e11orts to disco;er the oBner o1 it, and in 1act does disco;er the
oBner o1 a "ortion o1 it, and restores the same, he clearl! is not guilt! o1 larcen!.
?c=aren ;. 6tate (**'# 0( -e/. 8"". +(3, 0 6.7. *+*.
-he omission to use the ordinar! and Bell>DnoBn means o1 disco;ering the oBner o1
goods lost raises a "resum"tion o1 1raudulent intention, more or less strong, against the
1inder. 6tate ;. Briscoe Del.# su"ra.
8 con;iction 1or the the1t o1 a Batch Bas u"held in )ochell ;. 6tate (9,9# ++ -e/. Crim.
)e". (+0, ((+ 6.7. +*3, Bhere it a""eared that the accused 1ound it, Aut made no e11ort
to ascertain the oBner: that he Bore it concealed until he mo;ed to another toBn, Bhere
he Bore it in the ordinar! Ba!: that Bhen its return Bas demanded A! the sheri11, the
accused re1used to surrender it, Aut stated that he Bould hold it 1or the oBner, although
"ersons Bho Bere his relati;es testi1ied that he stated on the da! he came into "ossession
that he had 1ound it.
8s to 7CC +3.(',, it is not clear hoB Coughlin could Ae said to ha;e GtaDes or carries, leads
or dri;es aBa!...G Bhere Coughlin himsel1 made a 9(( call and on the e/cu"lator! ;ideo can Ae
heard suggesting the "arties remain calm and Bait 1or the "olice to arri;e and resol;e an! dis"ute.
2t is not clear hoB there could Ae "roAaAle cause 1or the arrest and "rosecution in )C)0,((>,'334(
Bhere there is no allegation or 1actual su""ort to suggest that Coughlin Gintentionall!G stole
an!thing. 2t Bould ha;e to Ae clear that something Bas not aAandoned 1or one to steal something.
.urther, again, as Bith the 7CC, there is no indication that Coughlin could Ae said to ha;e GtaDes
and carries aBa!, leads aBa! or dri;es aBa!...G gi;en CoughlinFs oBn 9(( call and suggestions to
the ;olatile grou" o1 !ouths that the! shoudl remain "eace1ul and Bait 1or the "olice. =astl!, it is
not clear that an!one there could ha;e DnoBn the i"hone Bas G"ersonal "roe"rt!...oBned A! another
"erson...G. -here is su""ort that <oAle aAandoned the i$hone, i1 it is e;en his, there1ore he Bould
- 46/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
no longer oBn it. 6ome might sa! the i$hone Bould Ae at the Aottom o1 the -rucDee )i;er, and
de;oid o1 ;alue, and there1ore inca"aAle o1 Aeing larceniEed.
II. Mislaid property
a. Generally
$ro"ert! Bhich the oBner intentionall! so "laces that he can re;ert to it, and then
1orgets, is mislaid, as distinguished 1rom lost "ro"ert!, Bhich is that Bith Bhich the
oBner accidentall! "arts and does not at an! time DnoB Bhere to 1ind. 6ee )eg. ;.
7est (*+4# ' Co/, C. C. 4(+, Dears. C. C. 4,0, 3 C. =. ). *', 04 =. 4. ?ag. Cas. N.
6. 4, (* 4ur. (,3,, 3 7eeD. )e". 0(, 09 Eng. =. W Eq. )e". +0+, and the cases cited
throughout this suAdi;ision.
5nliDe lost "ro"ert!, the 1inder o1 mislaid "ro"ert! acquires no right to its "ossession,
the right o1 tem"orar! "osession Aeing in the oBner or occu"ant o1 the "remises Bhere
it is 1ound. 8ccordingl! the general rule is that a "erson is guilt! o1 larcen! i1, Bith
1elonious intent, he a""ro"riates to his oBn use "ro"ert! merel! mislaid, though he
has no DnoBledge or means o1 DnoBledge as to the true oBner2n 6tate ;. Craig 6.C.#
su"ra, it Bas held that the de1endant Bas guilt! o1 larcen! in a""ro"riating to his oBn
use a "ocDetAooD inad;ertentl! le1t on a seat o1 a street car. 2n sustaining the
con;iction the court said: G-he e;idence shoBs that the "urse Bas not lost "ro"ert!,
Aut mis"laced "ro"ert!. -he conductor saB the "urse, Bas going to "icD it u", Bhen
de1endant tooD it. -he "ro"ert! Bas mislaid, and accidentall! le1t on the trolle! car: it
Bas ne;er lost or aAandoned. -he de1endant reasonaAl! su""osed the oBner could Ae
1ound, and he DneB that it Bas not lost "ro"ert!, Aut mis"laced, and accidentall! le1t
Bhere he "icDed it u".G
8 "urse accidentall! le1t in a store is not lost, Aut mislaid, so that a 1inder Bho
a""ro"riates it Bith 1elonious intent is guilt! o1 larcen!. 6tate ;. ?cCann ?o.# su"ra:
)eg. ;. 7est (*+4# ' Co/, C. C. Eng.# 4(+, Dears. C. C. 4,0, 3 C. =. ). *', 04 =. 4.
?ag. Cas. N. 6. 4, 09 Eng. =. W Eq. )e". +0+, (* 4ur. (,3(, 3 7eeD. )e". 0(.
6o, a "ocDetAooD or other "ro"ert! laid doBn in a AarAer sho" is merel! mis"laced,
and a 1inder Bho a""ro"riates it ma! Ae con;icted o1 larcen!. =aBrence ;. 6tate
-enn.# su"ra: )eg.
;. ?oore (*'(# * Co/, C. C. Eng.# 4(', 7 4ur. N. 6. (70, =eigh W C. C. C. (, 3, =.
4. ?ag. Cas. N. 6. 77, 3 =. -. N. 6. 7(,, 9 7eeD. )e". 07'.
8nd i1 a "erson "icDs u" and a""ro"riates a ring, mone!, or other "ro"ert! mislaid or
dro""ed in a dBelling house, he is guilt! o1 larcen! o1 mislaid "ro"ert!. 6tate ;.
Cummings (*''# 33 Conn. 0'4, *9 8m. Dec. 0,*: )oAerts ;. 6tate (**9# *3 <a.
3'9, 9 6.E. '7+, * 8m. Crim. )e". 474.
2n 6tate ;. Cummings Conn.# su"ra, it a""eared that the de1endant, a ser;ant, tooD a
diamond ring 1rom a BashtuA into Bhich the oBner o1 the CeBel accidentall! dro""ed
it, and a""ro"riated the same to her oBn use. 2t Bas held that the ring Bas not lost
"ro"ert!, and that, there1ore, the de1endant Bas guilt! o1 larcen!. -he court said:
- 47/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
G7hat, then, are the 1acts as claimed to Ae "ro;ed A! the stateI -he! are, that the
oBner o1 the ring le1t it A! accident in the tuA Bhere she had Aeen Bashing: that,
DnoBing Bhere it Bas, she Bent 1or it in ten or 1i1teen minutes: that, in the meantime,
it had Aeen taDen A! the "risoner out o1 the tuA: that she DneB Bhose it Bas and
denied the taDing o1 it, and concealed it and Arought it to NeB 3a;en as her oBn, and
o11ered it 1or sale. 5nder these circumstances it is ;er! a""arent that, e/ce"t 1or the
act o1 the "risoner, there Bas no loss o1 the ring, an! more than i1 the oBner had le1t it
on her taAle 1or a tem"orar! "ur"ose.G
2n )eg. ;. 7est Eng.# su"ra, it a""eared that the "rosecuting Bitness, a1ter maDing a
"urchase, le1t his "urse on the de1endantFs stall. -he de1endant "icDed it u" and
a""ro"riated the contents to her oBn use. 2t Bas held that she Bas guilt! o1 larcen!.
2n =aBrence ;. 6tate -enn.# su"ra, it a""eared that the "rosecuting Bitness le1t his
"ocDetAooD, containing L4*,, on a taAle in a AarAer sho". 81ter the "rosecutor le1t, the
AarAer "icDed u" the "urse and a""ro"riated the mone! to his oBn use. 2t Bas held
that he Bas guilt! o1 larcen!.
8 "urse accidentall! le1t in a carriage returned to a li;er! staAle A! the hirer is not
lost, so as to require the a""lication o1 the 1oregoing rule in a "rosecution 1or the1t
against one Bho 1ound the "urse u"on taDing immediate charge o1 the carriage u"on
its return. ?o/ie ;. 6tate (9,*# +4 -e/. Crim. )e". +09, ((4 6.7. 37+.
2n 6tate ;. Courtsol (9(+# *9 Conn. +'4, =.).8.(9('8, 4'+, 94 8tl. 973, it a""eared
that the "rosecuting Bitness, Bhile riding in a street car, le1t a "acDage o1 mone! on
the Aench on Bhich he sat. 81ter he le1t the car the de1endant, Bho Bas also a
"assenger in the same car, "icDed u" the "acDage and a""ro"riated the mone! to her
oBn use. 2t Bas held that she Bas guilt! o1 larcen!. -he court said: G-here Bas no
e;idence to su""ort counselFs claim that the "acDage Bas lost. -he e;idence shoBs
that it Bas le1t u"on a "uAlic con;e!ance A! its oBner, u"on a Aench or seat Bhere he
had "laced it. 3e rememAered Bhere he le1t it, and s"eedil! sought it, and 1ound that
the accused had taDen it. 2t is Bell settled that "ro"ert! so le1t is not lost, Aut is mislaid
"ro"ert!. -he oBner is treated as still constructi;el! in "ossession o1 it, although its
custod! ma! Ae in another, in Bhose sho" or car it has Aeen le1t. 0 7hart. Crim. =aB,
((th ed. Q ((39: 0 Bisho", NeB Crim. =aB, QQ *7*, *79: $eo"le ;. ?c<arren (*37#
(7 7end. N.9.# 4'0: 6tate ;. ?cCann (*+3# (9 ?o. 0+4. -he accused hersel1 did
not claim that she su""osed the "ro"ert! had Aeen lost. 6he tooD it u", Aelie;ing it to
Ae her oBn "acDage containing "urchases "re;iousl! made A! her. 7hen she
disco;ered that it Bas not, she DneB that it Bas a "acDage le1t u"on the car A! some
"erson Bho undouAtedl! Bould call u"on the trolle! com"an! 1or it. -he court,
there1ore, "ro"erl! re1used to gi;e an instruction Bhich Bould gi;e the Cur! to
understand that u"on the e;idence the! might 1ind that the "acDage Bas lost, and that
the accused, Bhen she "icDed it u", honestl! Aelie;ed that it Bas a lost "acDage. 8s
the 1acts Bere undis"uted, the court Bas correct in gi;ing the instruction Bhich the
accused com"lained o1 in her si/th assignment o1 error, namel!: F-his case that !ou
ha;e Ae1ore !ou is not a case o1 lost "ro"ert!, technicall! s"eaDingVthat is, actuall!
lost or aAandoned: Aut is a case, as the AooDs and cases descriAe it, o1 "ro"ert! that is
mislaid.F -he instruction com"lained o1 in the se;enth reason o1 a""eal Bas also
- 48/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
correct. 8s alread! stated, the constructi;e "ossession o1 mislaid "ro"ert! remains in
the oBner. -he 1inder o1 such "ro"ert!, DnoBing it to Ae mislaid or le1t A! mistaDe, i1
he taDes it Bith the 1elonious intent to a""ro"riate it to his oBn use, and thus de"ri;e
the oBner o1 it, is guilt! o1 larcen!. -his Bould constitute a 1elonious taDing 1rom the
"ossession o1 another o1 "ro"ert! Aelonging to him. -his Bas the suAstance o1 the
instruction com"lained o1. -he language Bhich 1olloBed e/"lained the distinction
AetBeen the 1inding in such a case and one Bhere the "ro"ert! has Aeen lost.G
-he same rule Bas a""lied in $ritchett ;. 6tate (*+4# 0 6need -enn.# 0*+, '0 8m.
Dec. 4'*, Bherein it a""eared that an e/"losion in a CeBelr! sho" threB into the street
some Batches Bhich Bere hanging in the sho" BindoBs, and that the de1endant tooD
them as lost "ro"ert!.
b. Intent of finder
2t is held that, in order to constitute larcen! o1 mislaid "ro"ert!, there must Ae a
criminal intent to a""ro"riate the "ro"ert! to the 1inderFs oBn use, in ;iolation o1 the
oBnerFs rights. <riggs ;. 6tate (*77# +* 8la. 40+, 09 8m. )e". 7'0: 7ea;er ;. 6tate
(**4# 77 8la. 0', + 8m. Crim. )e". 3'': 6mith ;. 6tate (*93# (,3 8la. 4,, (' 6o.
(0: 6tate ;. Courtsol (9(+# *9 Conn. +'4, =.).8.(9('8, 4'+, 94 8tl. 973: ?artineE
;. 6tate (**4# (' -e/. 8"". (00: 7arren ;. 6tate (**4# (7 -e/. 8"". 0,7.
-he constructi;e "ossession o1 mislaid "ro"ert! remains in the oBner, and the oBner
or occu"ant o1 the "remises Aecomes his Aailee. .oulDe ;. NeB 9orD Consol. ). Co.
(90,# 00*
N.9. 0'9, 9 8.=.). (3*4, (07 N.E. 037. -he 1inder o1 such "ro"ert!, DnoBing it to Ae
mislaid or le1t A! mistaDe, i1 he taDes it Bith the 1elonious intent to a""ro"riate it to
his oBn use, and thus de"ri;e the oBner o1 it, is guilt! o1 larcen!. 6tate ;. Courtsol
(9(+# *9 Conn. +'4,
=.).8. (9('8, 4'+, 94 8tl. 973.
2n <riggs ;. 6tate 8la.# su"ra, BricDell, Ch. 4., said that the taDer o1 goods mislaid or
le1t A! mistaDe is guilt! o1 larcen! A! a""ro"riating them to his oBn use, regardless o1
Bhether the intent to Dee" then Bas 1ormed at the time o1, or suAsequent to, the
taDing.G
)egardless, %11icer Duralde gamed the s!stem A! listing the charge as a 1elon!, and such a
;aluation is not reasonaAle, as such the motion to su"ress should e/clude the 1ruits o1 the
im"ermissiAle search in light o1 N)6 0,+.0+(:
GN)6 0,+.0+( Determination o1 ;alue o1 "ro"ert! in;ol;ed in larcen! o11ense. .or
the "ur"oses o1 N)6 0,+.0(7+ to 0,+.07,7, inclusi;e:
(. -he ;alue o1 "ro"ert! in;ol;ed in a larcen! o11ense shall Ae deemed to Ae the
highest ;alue attriAutaAle to the "ro"ert! A! an! reasonaAle standard.
- 49/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0. -he ;alue o1 "ro"ert! in;ol;ed in larcen! o11enses committed A! one or more
"ersons "ursuant to a scheme or continuing course o1 conduct ma! Ae aggregated in
determining the grade o1 the larcen! o11enses.G

2ndeed, )$D %11icer DuraldeFs 8rrest )e"ort reads: GNe/t 2 s"oDe to the ;ictim, Cor!
<%B=E Bho stated that he has an 8""le 2"hone that he had Aought a cou"le o1 !ears ago 1or L3,,.G
Clearl!, it is not reasonaAle to Aelie;e that a smart"hone "urchased Ga cou"le !ears agoG 1or L3,,
had not de"reciated in ;alue at least L+, in that time at the time o1 arrest the ;alue cuto11 1or grand
larcen! Bas L0+,, Aut as o1 %ctoAer 0,((, it is not L'+, in Ne;ada#.
-he recordings o1 the 9(( calls A! <oAle 1urther demonstrate the e/tent to Bhich he and his
com"atriates, including Zarate, Bere Billing to lie to the "olice to accom"lish their goal...to achie;e
the return o1 an i$hone that <oAle 1elt entitled to recei;e as e/"editiousl! as "ossiAle and A! means
that quite arguaAl! e/ceeded an! right he had to e/ert ie, threatening to and attem"ting to steal
CoughlinFs Aic!cle and his dog, l!ing to 9(( o"erators, maDing 1alse allegations aAout someone
GsocDing a minorG, ganging u" on Coughlin Bith a numAer o1 other !oung men Aeha;ing in an
ultra>agressi;e manor, etc#.
2t ma! or ma! not Ae rele;ant to consider that the i$hone Bould ha;e, a""arentl!, Aeen in the
ri;er Bere it not 1or someone claiming it, or that <oAle a""arentl! 1elt entitle to a;oid an!
consequences attaching to his e/tremel! negligent "ractice o1, allegedl!, lea;ing a smart"hone on
the "a;ement unattended Bhile he goes o11 to his 4ee" 1or se;eral minutes at least, in doBntoBn
)eno, during a "eriod o1 1our or so !ears o1 the unem"lo!ment rate ho;ering aroudn (+X. <oAle
a""arentl! sought to a;oid the hassle o1 "ursuing a ci;il rememd! or otherBise Aeha;ing in a ci;il
and "atient manner in "ursuing the return o1 a "hone that ma! or ma! not ha;e Aeen his. <oAle
re1used to "ursue such a return in a setting that Bas di;orced 1rom the o;erl! coerci;e and ;olatile
tenor "resented A! <oAle and his man! 1riends accosting Coughlin and AacDing Coughlin u" to
- 50/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
oncoming tra11ic on Center 6t. Aridge in 1ront o1 the 6ienna Bhile Coughlin attem"ted to hold onto
his Aic!cle and his dog.
%n one o1 his 9(( calls, <oAle allegations that Gsomeone Cust socDed a minorG...a""arentl!
indicating that Coughlin "unched the (7 !ear old !oung man seen in the ;ideos. Clearl!, no one is
sa!ing that noB, nor in an! o1 the "olice re"orts, hoBe;er, it Bas de1initel! use1ul 1or <oAle to sa!
that to the 9(( o"erators, and the te/tual record "ro;ided o1 the calls and dis"atch re"orts includes a
citation to this allegation o1 "h!sical ;iolence as Bell. -he o"erator and the "olice hear that
Gsomeone Cust socDed a minorG and it gets their attention and sDeBs the a""roach A! the "olice
immeasuraAl!.
%n his other 9(( call, <oAle maDes liDe the 4on =o;itE liar character 1rom the (9*,Fs 6aturda!
Night =i;e sDetches...the GBait, !eah, thatFs the ticDet...G liar character Bith a catch"hrase. <oAle
starts the call indicating that Coughlin GCust stole his "honeG and Gis Aeing su"er aggressi;e and
gi;ing us all sorts o1 trouAleG Aut then <oAle decides, GBait, no, !eah, thatFs it, he is tr!ing to get
aBa! tooKG. 6o Bhich is itI 6u"er aggressi;e and gi;ing !ou all sorts o1 trouAle or tr!ing to get
aBa!I 8nd Bh! are <oAle and his associates listed in the 9(( and dis"atch te/t re"orts as the oneFs
!ellingI 7h! is <oAle heard on a 9(( call screaming Ggi;e me m! "hone or 2 am going to threaten
!ou right noBKG. 7h! are <oAle and his associates the oneFs reaching into CoughlinFs shortFs "ocDet,
attem"ting to taDe CoughlinFs dog and Aic!cle, i1, as <oAle told the 9(( o"erator, it Bas Coughlin
Bho Bas GAeing su"er aggressi;e and gi;ing us all sorts o1 trouAleGI
But, Aest o1 all, on <oAleFs 9(( call o1 8ugust 0,th, 0,(( at 03:00:+0 at the 3( second marD,
the Bise 9(( o"erator asDs:
%"erator %#: GhoB did he end u" Bith !our cell "honeIG.
<oAle: Gm! "hone Bas Cust sitting on the ledge and 2 Bas Cust sDateAoarding and stu11,
and he Cust "icDed it u". E;er!one saB him "icD it u".G
- 51/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7ell, is that trueI 21 so, then Bh! did Zarate Brite in his 7itness 6tatement that the
unidenti1ied man ga;e the "hone to CoughlinI -hat is rather di11erent than Coughlin Cust BalDing A!
and "icDing the "hone u" o11 the ledge. 7hat, e/actl!, did everyone seeI 7hat aAout the
unidenti1ied man holding the "hone alo1t and indicating he Bould shortl! throB the "hone in the
ri;erI 2n the AacDground on that same call <oAleFs associates can Ae heard menacingl! commenting
on taDing and touching CoughlinFs dog and Aic!cle. Coughlin can Ae heard e/claiming G!ou Cust
assaulted meKG.
-hen, at the ( minute 7 second marD <oAle sa!s:
<oAle: GDude, Cust gi;e me m! "hone, its right in his "ocDet Cust get it out. 2 am
aAout to graA it out o1 his "ocDetG
-hen at ( minute +7 second marD <oAle reiterates:
<oAle: G3e is Cust getting su"er aggresi;e Bith us, graAAed m! "hone, 2 sBear, and
he Bill not gi;e it AacD ...3e graAAed m! "hone, 2 sBear, its in his "ocDet, dude... 2
Bas right here, m! 4ee" Bas right here, m! 1ucDing 4ee" Bas right thereKG.
6o, Bhich is it, <oAleI 7as he sDateAoarding and stu11, or in his 4ee"I 7h! does <oAleFs
Britten 7itness 6tatements 1rom that night indicate he Bas onl! G1i1teen 1eet aBa!G 1rom Bhere !ou
set !our "hone doBn Bhen Coughlin allegedl! BalDed right u" and graAAed itI DoesnFt Ghe Cust
graAAed itG sound a Ait more liDe someone GgraAAingG an item A! 1orce 1rom someone, in a Aig hurr!,
and attem"ting to run aBa!, rather than, Bhat Nicole 7atson sa!s ha""ened, ie, that an unidenti1ied
man "icDed the "hone u", held it alo1t, announced he Bould GthroB it in the ri;erG, etc....
<oAle and his associates Aelligerent menacing attitudes and Aeha;iors clearl! startled and
1rightened Coughlin that night. .urther, the! Bere sim"l! o11>"utting. 7hile one might sim"l!
hand o;er a "hone to <oAle, assuming <oAle is telling the truth Bhen he asserts it is his, one Bould
not necessaril! Ae Aeing all that care1ul in doing so, i1 the laB requires one to taDe reasonaAle ste"s to
return lost "ro"ert! to its right1ul oBnerI E;en i1 it Bere true to sa! <oAle called the "hone and saB
- 52/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
it light u", that is hardl! conclusi;e "roo1 that the "hone is <oAleFs. 7hat i1 someone <oAle and his
1riends Bere 1amiliar Bith had announced the! lost their "hone earlier that nightI NoB, Bhat i1
<oAle DneB that "ersonFs "hone numAer, and used that DnoBledge to "resent an a""earance to
Coughlin that the "hone right1ull! Aelonged to <oAle merel! Aecause <oAle ma! ha;e Aeen aAle to
call the "hone and maDe it ringI 8nd its not at all clear that <oAle Bas actuall! aAle to do that.
2ndeed, i1 <oAle Bas so aAle to, then Bh! didnFt the "hone light u" during the entire + minute
;ideoHaudio 1o the arrestI 7h! is <oAleFs ;oice heard in the AacDground suggesting to the )$D
%11icerFs that Coughlin ma! ha;e GsBitched the "honeG to his other "ocDetI <oAle et al Aeha;ior Bas
menacing and indicated a Billingness to massage to the truth to a large degree. -his is "articularl!
clear Bhen ;ieBing the ;ideo o1 the interaction AetBeen <oAle and Coughlin o1 4une +th, 0,(0. 2t is
interesting to note that CoughlinFs laB license Bas sus"ended on 4une 7th, 0,(0 at 3:4*"m Cust hours
a1ter Coughlin sent the D8Fs %11ice an email "ointing out the inequit! o1 1ailing to "rosecute <oAle
1or the lit cigarette "roCectile Aatter! u"on Coughlin Bhere CoughlinFs entire li;e, "ro1essionall! and
"ersonall! had, essentiall!, Aeen curA sto""ed A! this "etit larcen! arrest.
Ne/t, on the ;ideo o1 the Aatter! u"on Coughlin A! <oAle 1rom 4une +, 0,(0, <oAle is heard
massaging his stor! AacD and 1orth:
Coughlin: 7ho are !ouI
<oAle: 2Fm o;er it, its all good. )ememAerI 7e Bent to court together. 2ts all good
Coughlin: 9eah. %h, its all good 1or !ouI %h, good, 2Fm going to lose m! career.
<oAle: 2Fm sorr! that sucDs.
Coughlin: 9eah, BhatFs !our name, Cor!I
<oAle: 9eah
Coughlin: 3e!, hoB are !ou gu!sI
earl! tBenties Arunette 1emale#: 7onder1ul, hoB are !ouI
earl! tBenties 8sian male#: !ou can 1ilm us all !ou Bant.
Coughlin: 3e!, did !ou lie to the "oliceI
<oAle: DoI
Coughlin: 9eah, Did !ou gu!s sa! 2 Cust ran u" and graAAed the "honeI
<oAle: -hatFs Aasicall! Bhat !ou did.
- 53/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Coughlin: %Da!, is that basically it or is that Bhat 2 didI 8nd Bhat did !ou tell the
"oliceI
<oAle: -hatFs exactly Bhat !ou did.
Arunette 1emale#: 3eFs...heFs...he 1ucDing has a cameraK
Coughlin: 7hat did...are !ou a little highI 9ou got...!ouF;e got G..5.C.P.G tattoed on
!our hand s"elled out on his 1our DnucDles#.
Arunette 1emale#: 7e donFt do drugs, !ourFre a craE! "erson, e/cuse me, e/cuse
me...Cust cuE someoneFs talDing to !ou....
<oAle: 2 Bas Cust sa!ing 2 Bas o;er it...
Arunette 1emale#: 7indoBs u". rolls =e/us 65V BindoBs u"#.
Coughlin: %h, Bonder1ul, !ouFre o;er it.
<oAle: 1licDs lit cigarette at Coughlin 1rom aAout 0 to 3 1eet aBa! at a high rate o1
s"eed. -he lit cigarette hits CoughlinFs suit CacDet at his le1t shoulder and the ti"
e/"loded into s"arDs, then 1alls to the ground. -his is shoBn right Ae1ore the +0
second marD o1 the ;ideo o1 this 4une +th, 0,(0 incident. CoughlinFs camera CerDs
right Bhen Coughlin is hit Bith the lit cigarette, Bhich Bas "roCected at Coughlin A!
<oAle 1licDing it in a "ro"ulsi;e manner AetBeen his middle and inde/ 1ingers and his
thumA...it actuall! got tra;eling at a 1airl! high rate o1 s"eed and the 1licDing and
cigarette darting through the air, and the cigarette hitting CoughlinFs shoulder and
e/"loding are all ;er! discerniAle in this ;ideo, es"eciall! the audio o1 those sounds,
"articularl! Bhen considering that the camera CerDing coincides e/actl! Bith the
e/"loding sound#.
Coughlin: %h, !ou Cust did me such a Aig 1a;or, gu!.G
Coughlin could ha;e, at that time, attem"ted to e11ectuate an ill>concei;ed GcitiEenFs arrestG
similar to the one )$D %11icer Duralde alleges <oAle et al "er1ormed on Coughlin on 8ugust 0,th,
0,((, hoBe;er, Coughlin made the rationale, reasoned, sa1e decision to re1rain 1rom so attem"ting
such a risD! GcitiEenFs arrestG.
-he ;ideo 1rom Cust "rior to the 8ugust 0,th, 0,(( "etit larcen! arrest, Bherein Coughlin
made a 9(( call and re"orted the assault and Aatter! that <oAle and his gang Bere committing u"on
him, shoBs Coughlin e/"laining to <oAle et al that reaching into CoughlinFs "ocDets Bas a ;er! "oor
choice and that e;er!one in;ol;ed needed to rela/, settle doBn, Ae "eace1ul, etc. and Coughlin
re1erenced the tragic consequences o1 1ailing to do so that had, at that time, Cust recentl! Aeen seen in
the death o1 0+ !ear old 6te"hen <ale during an armed roAAer! o1 a 1emaleFs "urse on Cali1ornia
8;enue.
- 54/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2t is im"ortant to maDe note o1 the read! Billingness to lie that <oAle et al demonstrate.
<oAle, Zarate, et al lied to the 9(( o"erator and the o11icers on the scene to get Coughlin arrested,
"laced in cu11s, searched etc. and to "ro;ide su11icient "roAaAle cause to "er1orm a search incident to
an actual 1act "attern that liDel! Bould ha;e Aeen more 1itting o1 the t!"icial Gits a ci;il matterG
res"onse Coughlin has Aeen gi;en A! the )$D so man! times this !ear Bhen he has re"orted ;arious
misconduct A! landlordFs and their counsel, some o1 Bhom lacD a laB license though the! are
"racticing laB#.
2t Bas onl! a1ter all that Bas accom"lished that Zarate realiEed he Aetter "ut something a Ait
more truth1ul doBn on "a"er, and that is Bhen the unidenti1ied man Bho held the i$hone alo1t and
announced to the deniEens o1 the sDate "laEa that he Bould GthroB it in the ri;er i1 someone doesnFt
claim it immediatel!G is re1erenced in ZarateFs 7itness 6tatement, Bhich reads:
G%ne man "icDed u" the "hone, and the man Bith the AiDe tooD it 1rom him and
started to tr! to lea;e Bhen the oBner o1 the "hone tried to asD 1or it AacD, he Aecame
resistant and im"olite.G
-his is in marDed contrast to the statements %11icer Duralde attriAutes to Zarate in DuraldeFs
Narrati;e, Bherein Zarates is quoted thusl!: G<%B=EFs 1riend, Nathaniel ZARATE, then in1ormed
him that COUGHLIN had just walked by and taken GOBLE's phone... 2 ne/t s"oDe Bith
ZARATE Bho confirmed that he had observed COUGHLIN take GOBLE's phone from where
GOBLE had set it down, and then oAser;ed C%5<3=2N "ut it in his left 1ront shorts "ocDet.G
<oAle, in his Britten statement, continued to lie, hoBe;er. 2n his 7itness 6tatement <oAle Brote:
G2 Bas at the Plaza and set my phone down. 8n older man BalDed A! and graAAed
it. ?! 1riends Arought it to m! attention. 2 ran a1ter him and asDed him 1or it AacD.
3e lied and said he didnFt ha;e it. 7e called it and saw it ringing in his "ocDet. 3e
re1used to gi;e it AacD to 2 called 9((.G
7hich -hen at ( minute +7 second marD <oAle reiterates:
- 55/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<oAle: G3e is Cust getting su"er aggresi;e Bith us, graAAed m! "hone, 2 sBear, and he
Bill not gi;e it AacD ...3e graAAed m! "hone, 2 sBear, its in his "ocDet, dude... I was
right here, my 1eep was right here, my fucking 1eep was right thereKG.
3oBe;er, DuraldeFs Narrati;e re"orts:
G2 le1t C%5<3=2N Bith %11icers 8=8P68 and )%68 so that 2 could continue
Bith m! in;estigation. Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that
he has an 8""le i$hone that he had bought a couple of years ago 1or L3,,.
<%B=E had set his phone down on a concrete wall in the "laEa at and was
skateboarding approximately 15 feet away from it.
<oAle, at least according to the ;ersion <oAle rela!ed to %11icer Duralde, had set his "hone
doBn and Bas onl! (+ 1eet aBa! 1rom Bhere he set it...3oBe;er, i1 that Bere true, then Bh! didnFt
<oAle claim the "hone 1rom the unidenti1ied man Bhen, as admitted A! Zarate and <oAleFs
associate Nicole 7atson, the man held the i$hone alo1t and loudl! "roclaimed to those in the sDate
"laEa that he Bould taDe the i$hone and GthroB it in the ri;erG i1 someone did not claim it
immediatel!I Could it Ae that <oAle Bas not a mere (+ 1eet aBa!, Aut rather, Bas o11 in his 4ee"
doing something that su11icientl! distracted his attention 1rom the i$hone he a""arentl! aAandoned
on a slaA o1 doBntoBn )eno concreteI Did taDe o;er 9, seconds 1or <oAle and his tBo associates
to a""roach CoughlinI Did <oAle reall! GrunG a1ter Coughlin and asD 1or his "hone AacD, or did
<oAle gather tBo Aelligerent, menacing associates to a""roach Coughlin in a grou" o1 three
demanding to see Bhat Bas in CoughlinFs "ocDetsI
SUPPRESSION MOTION
7hat seems clear 1rom re;ieBing %11icer DuraldeFs Narrati;e in his 8rrest )e"ort is a clear
retaliator! Aent A! Duralde to taDe re;enege u"on the laB!er Bho Bould dare suggest a detainee
might ha;e some sort o1 rights and that there e/ists some actual standard the )$D must meet "rior to
conducting a search incident to arrest. -hat Narrti;e reads:
- 56/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
G2 contacted de1endant Zachar! C%5<3=2N, Bho 1it the descri"tion o1 the
sus"ect and Bas "ointed out A! the "eo"le in the grou". 2 told him that i1 he had
someone elseFs "hone that Be might Ae aAle to settle the issue A! him Cust gi;ing
the "hone AacD. C%5<3=2N re"lied A! sa!ing that 2 did not ha;e enough
in1ormation 1or a -err! sto". 2 told C%5<3=2N that 2 did ha;e enough
in1ormation 1or a -err! sto" and asDed him again i1 he had the "hone.
C%5<3=2N then asDed me i1 he had the right to not ansBer m! question and 2
in1ormed him that he did ha;e that right. C%5<3=2N Bas Bearing Aagg!
clothing that could conceal a Bea"on according to m! training and e/"erience.2
then asDed C%5<3=2N to stand u" and mo;e aBa! 1rom the grou" o1 "eo"le that
had Aeen detaining him. C%5<3=2N com"lied and 2 "er1ormed a "at search 1or
Bea"ons.G
8s the ;ideo o1 the arrest demonstrates, Coughlin Bas actuall! Bearing a thin t>shirt and a
thin "air o1 Bhite and Alue "laid summer shorts Bith onl! the t!"ical one "ocDet "er side. Not cargo
shorts, Cust thin Bhite cotton Bith Alue "laid regular old gu! shorts. 6o, in other Bords, %11icer
DuraldeFs Gtraining and e/"erienceG teaches him that he can "rett! much Custi1! "atting all o;er
someAod! an!times he 1eels liDe it es"eciall! i1 the sus"ect tries to suggest he might ha;e some
GrightsG#, as long as Duralde maDes mention o1 the GAagg! clothingG the sus"ect had on, and the
GAagg! clothing that could conceal a Bea"on according to his# training and e/"erienceG. 8 similar
gaming o1 the s!stem is re;ealed in Duralde o;ercharging Coughlin 1or a 1elon!, 1or a three and a
hal1 !ear old i$hone that Bas Aarel! Borth L3,, neB, and Bhich Bould ha;e onl! Aeen Borth
a""ro/imatel! L'+.,, at the time o1 the arrest, assuming it Bas in good condition and Bould come
Bith a short Barrant! u"on "urchase, Bhich is not clear at all.
NRS 171.136 When arrest may be made:
G (. 21 the o11ense charged is a 1elon! or gross misdemeanor, the arrest ma! Ae
made on an! da!, and at an! time o1 da! or night.
0. 21 it is a misdemeanor, the arrest cannot Ae made AetBeen the hours o1 7 ".m.
and 7 a.m., e/ce"t:
a# 5"on the direction o1 a magistrate, endorsed u"on the Barrant:
A# When the offense is committed in the presence of the arresting
officer:...
d# 7hen the o11ense is committed in the "resence o1 a "ri;ate "erson and
the "erson maDes an arrest immediately a1ter the o11ense is committed:
- 57/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2t Bould Ae inaccurate to suggest <oAle et al made a citiEens arrest. -he ;ideo 1rom Cust
"rior to the )$D arri;ing demonstrate as do the )$D dis"atch records# that Coughlin himsel1 made
a 9(( call and , on the ;ideo, Coughlin is heard suggesting e;er!one rela/ and Bait 1or the "olice to
arri;e in a "eace1ul a""roach to resol;ing the situation. -hat Aeing the case, %11icer Duralde and
this is Aelied A! the smug commentar! he made to Coughlin indicating as much# Bas le1t
o;ercharging the crime A! in1lating the ;alue o1 the i$hone# su11icient to maDe a 1elon! charge,
thereA! o;ercoming the "roAlem Bith the 1act that, as it Bas a1ter 7 ".m., and the alleged o11ense
Bas not Gcommitted in the "resence o1 the arresting o11icerG, %11icer Duralde Bould ha;e otherBise
Aeen aAle onl! to issue a citation, rather than conduct a search incident to arrest and a custodial
arrest much less in1late CoughlinFs Aail and cause Coughlin the greater emAarassment o1 a 1elon!
arrest on his record, all added Aene1its to charging Coughlin Bith a 1elon! that Coughlin o"enl! and
smugl! remarDed on to Coughlin. But, %11icer DuradleFs cle;er gaming o1 the s!stem Bas not o;er
!et. Ne/t he attem"ts to e/cuse his 1ailure to countenance an! o1 CoughlinFs com"laints o1 assault
and Aatter! A! the grou" o1 aggressi;e !ouths, Bhile Bea;ing in a GcitiEenFs arrestG rationale that no
one else had managed to suggest at that "oint, certainl! not <oAle and his 1riends. 8ctuall!, <oAleFs
9(( calls sa!s Cust the o""osite, ie, that Coughlin Gis Aeing su"er aggressi;e and gi;en us all sorts o1
trouAleG. DuraldeFs Narrati;e continues:
G8s 2 checked C%5<3=2NFs le1t 1ront shorts "ocDet, he !elled loudl! that 2 had
Cust graAAed his "enis. 2 could 1eel an oACect resemAling a "hone in the "ocDet Aut
not a "enis. 8s C%5<3=2N Bas tr!ing to maDe a scene and was very hesitant
to follow the directions that I was giving him, 2 "laced him in handcu11s.
%11icers 8=8P68 and )%68 Bere there Bith me at that time.
Duralde ne;er gets around to mentioning, s"eci1icall!, Cust hoB and aAout Bhat Coughlin
Bas Aeing G;er! hesitant to 1olloB the directions thatG he Bas Ggi;ing himG. 4ust e/actl! hoB Bas
Coughlin GAeing hesitantG. 21 a detainee has a "roAlem Bith an %11icerFs Aare hands touching the
- 58/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
sDin on his "enis, does that mean the detainee is Gtr!ing to maDe a sceneGI 8""arentl! this Aeing
G;er! hesitant to 1olloB the directionG Duralde Bas gi;ing Coughlin Bas alarming enough to Custi1!
Duradle then "lacing Coughlin in hand cu11s, a""ro/imatel! one minute into Duralde arri;ing on
the scene. %11icer Duralde 1ails to mention in his Narrati;e Bhat the ;ideoHaudio o1 the arrest
demonstrates occuring at this time, ie, that Coughlin, at the 3:4+ minute marD o1 the + minute (7
second ;ideo o1 the arrest can Ae heard asDing the )$D Gdo !ou ha;e the right to Ae going through
m! "ocDets right noBIG. -his Ggoing throughG o1 the "ocDets Bould ha;e Aeen occurring Bhile
Coughlin Bas handcu11ed as indicated in DuradleFs re"ort, Aut still onl! Aeing GdetainedG. 6o,
according to these o11icers, one can Ae handcu11ed and ha;e the "olice going through the contents
o1 their "ocDets not Cust mani"ulating the e/terior o1 their clothing under some tortured a""lication
o1 the G"lain 1eelG doctrine# Bithout that Aeing, technicall!, a Gsearch incident to arrestG. DuraldeFs
Narrti;e continues on to demonstrate Duralde seemingl! reading a "h!sical inCur! element into the
crime o1 assault rather than Cust mere a""rehension o1 immediate and suAstantial Aodil! harm# in
demang that Coughlin "ro;ide some "roo1 o1 "h!sical inCuries to Duralde Ae1ore CoughlinFs
allegations regarding the misconduct o1 <oAle et al Bould Ae gi;en an!Bhere near the attention
<oAleFs allegation Bhere Aeing gi;en A! Duralde at that time. <oAle, hoBe;er, did not trouAle
%11icer Duralde Bith an! "esD! allusions to oneFs Constitutional )ights, so, "erha"s, that could
e/"lain the seemingl! di11ering standards o1 "roo1 %11icer Duralde a""lies to allegation "resented
to him A! dis"uting "arties::
GC%5<3=2N then stated that he had Aeen assaulted A! the grou" o1 "eo"le Bho
Bere Bith the victim. 2 asDed C%5<3=2N i1 he had any injuries to substantiate
the claim and he stated that he did not. 2 then in1ormed C%5<3=2N that they
had legal authority to detain him as he had Aeen observed taking the phone.
C%5<3=2N continued to sa! that he Banted to "ress charges 1or assault against
the "eo"le Bho had detained him.G
- 59/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7hat is interesting is that Duralde does not 1ind Coughlin Ghad legal authorit!G to "ress
charges against those Bho assaulted him as the! has G"laced him in imminent 1ear o1 suAstantial
Aodil! harmG, e;en though Coughlin had GoAser;edG them doing so. 2t Cust seems liDe, once one
in;oDes an! sort o1 Constitutional )ight, )$D %11icers o1 DuraldeFs ilD get e/ceedingl! cle;er in
e/cising an! sort o1 rights one might Bish to assert 1rom those a;ailaAle to an!one Bho doesnFt so
assert a Constitutional )ight at some "oint in the interaction. 8nd that is te/tAooD retaliation.
)etaliator! arrest. )etaliator! "rosecution. DuraldeFs Narrati;e continues:
G2 le1t C%5<3=2N Bith %11icers 8=8P68 and )%68 so that 2 could continue
Bith m! in;estigation. Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that
he has an 8""le i$hone that he had bought a couple of years ago 1or L3,,.
<%B=E had set his phone down on a concrete wall in the "laEa at and was
skateboarding approximately 15 feet away from it. <%B=EFs 1riend, Nathaniel
ZARATE, then in1ormed him that COUGHLIN had just walked by and taken
GOBLE's phone... 2 ne/t s"oDe Bith ZARATE Bho confirmed that he had
observed COUGHLIN take GOBLE's phone from where GOBLE had set it
down, and then oAser;ed C%5<3=2N "ut it in his left 1ront shorts "ocDet. 2
oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and
touched the outside o1 his shorts Bhere 2 had "re;iousl! 1elt the "hone 2 could 1eel
the "hone ;iArating. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone in C%5<3 =2NFs "ocDet sto""ed ;iArating. 2 then "laced
C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the "ro"ert! o1
another "erson ;alued aAo;e L0+,.G
Here's a transcript of the 911 call by Cory Goble made August 20, 2011 at 11:22:0 pm:
911 dispatcher !cott "eese: 911 #hat is your emergency
Goble: hi this guy $ust told my phone he's right here he's li%e getting super aggressi&e #e are do#nto#n right
by the ice rin% and #e ha&e been standing here he's not gi&ing it bac%
"eese o%ay so someone stole your cell phone'
Goble yes he is right here and he #ill not gi&e it bac% to us this is gi&en as a bunch of trouble
"eese ho# did he end up #ith your cell phone'
Goble: and he's trying to get a#ay, no that's it, and he's trying to get a#ay too(
"eese: ho# did he end up #ith your cell phone'
Goble: my phone #as sitting on the on the ledge and ) #as s%ateboarding and stuff and he $ust pic%ed it up
e&eryone sa# him pic%ing up #e $ust called it #e are *the call records indicate a call #as made to the i+hone
at 11:21 pm, so, e&en if it did light up, Goble is again lying to the 911 operator by alleging #as presently
seeing it light up during the call, seeing it light up in his poc%et and he #ill gi&e it bac%
Austin -ichty in the bac%ground: gi&en the fuc%ing phone bac% is that your dog
Coughlin in the bac%ground: you $ust assaulted me.
/0C guy is that your dog' ) touch your bi%e
Coughlin yes that is called assault
- 60/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/0C guy it's on the side#al%
Goble can you send someone do#n here'
"eese o%ay #ere getting information #hat is the race of the suspect #hite blac% or Asian'
Goble he is #hy him he has a red Chicago hat on #e are at first reading center and he is trying to get a#ay
from us to
"eese are you a 0irst and Center or 0irst and 1irginia'
Goble first in center for cop comes right no# #e #ill #ai&e him do#n( 2ude, $ust gi&e me my phone( )t is in his
poc%et $ust get it out(( )'m about to grab it out of his poc%et(
"eese: about ho# old is the suspect'
Goble #hat's that' ) am tal%ing to the cops right no#(
"eese about ho# old is the suspect'
Goble ) dont %no# about 3(
"eese that ho# tall is he
Goble he's li%e maybe about si4 to ) don't %no#
"eese about ho# much does he #eigh appro4imately
Goble: about 210
"eese: #hat color hair does he ha&e
Goble 5ro#n
"eese: does he ha&e any facial hair
Goble no
"eese: #hat color shirt does he ha&e on'
*1:60 mar% on 911 call,
Austin Lichty: give us the phone faggot.
Goble's li%e #hite or yello# ) can tell right no# #e ha&e them right here
"eese #hat color pants does he ha&e on
Goble plaid shorts
"eese does anybody ha&e any #eapons
Goble no ) don't thin% so he $ust has a bi%e #ith a chain on it(
Austin -ichty: the chain bro%e
"eese he has a pipe #ith a chain on it'
Goble %no# he's got a bi%e #ith the chain and he's $ust getting super aggressi&e #ith as he grabbed my phone
and he's right here and he #ill not gi&e it bac% to us( 2ude $ust grab my phone ) s#ear it's right there in his
poc%et, dude(
* at the 2:19 mar% of the audio for this 911 call,
Coughlin: if you reach into my pocket I guarantee you I will sue you
Goble give me my phone back what is the big deal
Coughlin son son don't put your phone down on the ground
Goble: I'm not your son
Coughlin: and then skateboard a mile away him
Goble: you are !ust admitting you stole it" #screaming$ I was right here my fucking %eep was right here
my %eep is right there give me my phone back" Give me my phone back"
"eese: #hat's your last name' (((("hat's your last name'
#e s#itch her last name
*Coughlin can hardly be said to be attempting to hide anything from Goble gi&en the e4change abo&e #herein
Coughlin broaches the possibility that Goble may ha&e said his phone do#n and abandoned or mislaid it and
therefore e&en though the larcenous intent must be concomitant #ith the finding or recei&ing or the initial
possessing of any such property and e&en though any subse7uently e&ol&e larcenous intent is rele&ant
Coughlin statements in this 911 call for the repeal a lac% of an intent to mislead or decei&e or other#ise e&ents
of larcenous moti&e to#ards Goble or anyone else( 8here could be a great deal reasons #hy one may not
#eigh their fourth amendment rights that do not in&ol&e the larcenous intent( )ndeed $ust ta%ing a 7uic% loo% at
the police misconduct and prosecutorial retaliation that has occurred in this case pro&ide all the reasoning one
#ould e&er need to refuse to #ai&e their fourth amendment or fit,(
- 61/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
89A:!C9)+8: August 2;th, 2012 11:3;:01 am
state: and then you stated you did a patdo#n search can you describes specifically #hat that is as to <r(
Coughlin Heidi conducted that as to <r( Coughlin Heidi conducted that
tal%ing for patdo#n search #ere basically chec%ing someone's person should %no# #eapons or consult is )
don't recall ho# e4actly ) #ent through the #hole search for ne# teachers to methodically chec% o&erlapping
areas suing a miss anything #hen ) recall #hen ) chec%ed <r( Coughlin's right side and is sure his poc%et
-eslie ) ob$ect to test and phone in the officer is dra#ing in a proper conclusion
$udge you sustain that ob$ection you can describe it
2uralde ) felt an ob$ect to li&e in
#hat an ob$ect and you #ill not his conclusions
$udge ) #as sustained the ob$ection again certain inscribed this shape e&en a minor detail if you #ish that this
photo can be sustained
2uralde ) don't recall on minute details out of my conclusion
$udge do you recall the shape or anything 7uestion are
2uralde no ) can't say that ) do you
state o%ay to recall #hile your conduct is patdo#n #hat if anything <r( Coughlin said
2uralde as ) #as continuing this patdo#n and ) got to <r( Coughlin's left front shorts poc%et he began yelling
something along the lines of ) #as inappropriately touching his penis
state #ere you
2uralde no
state o%ay
state at this time of 2(2 #hich are $ust no# you reach her hand in bo4 <r( Coughlin
tal% no#
say ) guess it's $ust listed pitchers of poc%ets
not %no#
stay in your discriminate search for #eapons
tal% yes
state you're from the search incident to arrest is there is a lie(yes
state your patdo#n search is used Gerhard 20 seconds to a search is arrest you surgeons you are ta%eout
and so basically are #e are loo%ing for any contraband or illegal items do#n to in the past about searches ride
located in and methamphetamine #eighing 100 g and
standouts #hich are tal%ing about the surgeon's arrest
ah yes
you about his archers is as you say nonintrusi&e
stay and #hy can e4plain #hat e4actly #hat it is a nati&e searching for #eapons but #hat e4actly is going
2uralde #itness the outside of the clothing
state o%ay
$udge this year #ith t#o people sitting out ) thin% #e probably #ould not bond this this morning should #e tell
them they can come bac%
state their o%ay then no# them their =our Honor that's o%ay
attem"t at transcriAing Bith Dragon 1or * 09 (0 $art 3 )C)0,((>,'334(
8ugust 09th, 0,(0 7ednesda!
((:(*:,* am
3im Cudge: Be Bill go 1orBard then 1irst o1 all 2 am gonna rule Aased u"on an in camera hearing is not 1ind that a con1lict
o1 interest that Ba! Ae so suAstantial as to den! the de1endant si/th amendment right to counsel in this case. 8nd Bith
res"ect to the .aretta can;as 6ir 2 Aelie;e !ou are a Arilliant "erson 2 am re1erring to ?r. Coughlin here
DuraldeFs calling the "hone Bas a GsearchG Bhich occurred "rior to the "oint o1 arrest.
-he 6e;enth Circuit indirectl! addressed the issue in 5nited 6tates ;. $ineda>8reola. 370 .ed. 8""/. ''(. 7th Cir.
0,(,#. 2n $ineda, o11icers arrested the de1endant 1or Aeing in the 5nited 6tates illegall! and seiEed a cell "hone in his
1ront "ocDet. 2d. at ''0. 8n o11icer then called a numAer that Bas used A! a sus"ected alias o1 the de1endant 1or drug deals
and the de1endantMs "hone rang. 2d. -he Court concluded that e;en i1 calling the "hone Bas a search, the o11icers Bere
- 62/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
entitled to search the de1endant and his "hone incident to arrest. 2d. at ''3. citing )oAinson, 4(4 5.6. at 03+: 5nited
6tates ;. %rtiE, *4 ..3d 977, 9*4 7th Cir. (99'#: .inle!, 477 ..3d at 0+*>',#.
-he Ninth Circuit had an o""ortunit! to address the issue o1 Bhether "olice are "ermitted to search a smart"hone or
la"to" during a search incident to arrest or later, Aut did not, in 5nited 6tates ;. )oAerts. 3(9 .ed. 8""/. +7+ 9th Cir.
0,,9#. -he de1endant claimed that ;ideo 1rom a cell "hone should ha;e Aeen su""ressed Aecause there Bas no Barrant to
search the "hone and the "hone Bas not searched until o;er a month 1rom Bhen it Bas seiEed 1rom a Barrantless search
o1 his ;ehicle. 2d. at +7*. -he Court did not address the issue Aecause it 1ound an! error 1rom admitting the ;ideo 1rom
the cell "hone to Ae harmless. 2d. Coughlin urges the Court to de1ine an im"ortant limit
to the go;ernmentMs authorit! to collect digital in1ormation aAout its citiEens
and hold that laB en1orcement o11icers must ha;e a Barrant su""orted A!
"roAaAle cause to search a "ortaAle digital de;ice seiEed u"on arrest.
61 S. C. L. Rev. 843
811irming a Cudgment con;icting the de1endant o1 aggra;ated roAAer! o1 a grocer! store, the court in $age ;. 6tate, (0+
6.7.3d '4, -e/. 8"". 3ouston (st Dist. 0,,3#, "etition 1or discretionar! re;ieB re1used, 4une 3,, 0,,4#, held that
Bhere the storeFs digital recording s!stem recorded images 1rom (' ;ideo cameras and automaticall! sa;ed those images
onto a com"uter hard dri;e, the trial court did not aAuse its discretion in admitting a ;ideota"e o1 the roAAer! "rinted o11
the hard dri;e, as the e;idence Bas "ro"erl! authenticated under -e/. ). E;id. 9,(. -he storesF loss "re;ention
in;estigator testi1ied that he arri;ed at the store shortl! a1ter "olice. %nce there, he accessed the digital recording s!stem,
re"la!ed the recording o1 the roAAer! 1or the o11icers, "roduced a still "hotogra"h o1 the de1endant 1rom the digital
recording s!stem, co"ied the recording o1 the roAAer! onto a ;ideota"e, and ga;e the still "hotogra"h and the ;ideota"e to
the o11icers. -he de1endant asserted that the in;estigator could not testi1! as to the accurac! o1 the contents o1 the
;ideota"e Aecause he Bas not "resent in the store at the time o1 the roAAer!. -he court reasoned that the in;estigatorFs
testimon! Bas su11icient e;idence to enaAle a reasonaAle Curor to conclude the ;ideota"e Bas Bhat the 6tate claimed it to
Ae. -he court added that the in;estigator re;ieBed the ;ideota"e Ae1ore trial and testi1ied that it had not Aeen altered in
an! Ba!.
21 the search>incident>to>arrest e/ce"tion alloBs the "olice to search a digital de;ice a1ter its oBner is taDen into custod!
and no longer has control o;er it, o11icers Bill ha;e incenti;e to search all arresteesM de;ices as a routine matter rather
than seeD a "roAaAle cause Barrant later that might Ae limited in sco"e. 6ee 5nited 6tates ;. Com"rehensi;e Drug
-esting, '0( ..3d (('*, ((7*>*, 9th Cir. 0,(,# PoEinsDi, 4., concurring# o11ering guidance to hel" magistrate Cudges
ensure that Barrants 1or digital searches do not Aecome general Barrants#. -his Court should not let the searchincident>to>
arrest e/ce"tion sBalloB the .ourth 8mendment rule.
-he "rimar! o""osition case comes 1rom the %hio 6u"reme Court in 6tate ;. 6mith. 90, N.E.0d 949 %hio 0,,9#
reconsideration denied, 90( N.E.0d 04* and cert. denied, (3( 6. Ct. (,0, 5.6. 0,(,##. 2n a 4>3 decision, the Court held
that a Barrantless search 1or in1ormation in a cell "hone that Bas seiEed incident to arrest ;iolated the .ourth
8mendment. 2d. at 9+4. -he Court reasoned that the search Bas not necessar! 1or o11icer sa1et!, and there Bere no
e/igent circumstances shoBn, including sus"ect identi1ication or "reser;ation o1 e;idence, to Custi1! the search. 2d. 8
"rimar! determination in this case Bas that cell "hones are not considered closed containers 1or "ur"oses o1 the .ourth
8mendment. 2d. -he Court reasoned that containers ha;e traditionall! Aeen de1ined as "h!sical oACects ca"aAle o1
holding other "h!sical oACects, Aut cell "hones are unique tools ca"aAle o1 holding tremendous amounts o1 electronic
data, more liDe la"to"s, and thus ha;e a greater e/"ectation o1 "ri;ac!. 2d. at 9++.
-he .i1th Circuit has ruled in one case Bhere the Barrantless search o1 a cell "hone Bas in;alid. 2n 5nited 6tates ;.
Za;ala, the Court held that e;en though there Bas reasonaAle sus"icion to Custi1! a tra11ic sto", it Bas not enough to gi;e
rise to "roAaAle cause Bhich Bould Custi1! the search o1 cell "hones on the de1endantsM "ersons incident to arrest. +4(
..3d +'0, +74 +th Cir. 0,,*#. Essentiall!, the search o1 the "hones "rior to ha;ing "roAaAle cause could not then gi;e the
"roAaAle cause necessar! 1or an arrest, Bithout a Barrant. 2d. at +74 >+7+. .urther, consent A! de1endant to search the car
did not e/tend to his cell "hone, Bhich Bas immediatel! taDen 1rom de1endant and "laced on the roo1 o1 the car. 2d. at
+7'. .inall!, search o1 the cell "hones 1or numAers Bas 1ound to Ae Ae!ond the "rotecti;e search alloBed A! -err!. 2d. 2t
is im"ortant to note that this case did not state search o1 cell "hones incident to arrest ;iolated the .ourth 8mendment,
rather the case stands 1or the "ro"osition that a ;alid arrest must Ae made, or at least there must Ae a good 1aith Aelie1 that
a ;alid arrest is "ermissiAle, Ae1ore a cell "hone ma! Ae searched incident to arrest.
- 63/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 hand1ul o1 other courts ha;e also 1ound in;entor! and AooDing searches o1 cell "hones ;iolated the .ourth 8mendment.
5nited 6tates ;. .lores, (00 .. 6u"". 0d 49( 6.D. N.9. 0,,,# holding a1ter "ur"oses o1 initial in;entor! search had
Aeen met, suAsequent, "urel! in;estigator! search o1 cell "hone in automoAile Bas im"ro"er#: 5nited 6tates ;. $arD, 0,,7
7= (+0(+73 N.D. Cal. 0,,7# holding Barrantless search o1 laB1ull! seiEed cell "hones did not meet AooDing e/ce"tion
Aecause the! Bere surre"titious and in;estigator!, not "ursuant to standard "rocedures, no reason articulated Bh!
searches Bere necessar! to 1ul1ill legitimate go;ernment interests in AooDing searches#: 5nited 6tates ;. 7all, 0,,* 7=
+3*(4(0 6.D. .la. 0,,*# a11Md on other grounds, 343 .ed. 8""/. +'4 ((th Cir. 0,,9# holding search o1 te/t messages
did not constitute in;entor! search since there Bas no need to document "hone numAers, "hotos, te/t messages or other
stored data to "ro"erl! in;entor! the de1endantMs "ossessions since the threat o1 the1t Bas to the "hone itsel1, not
in1ormation stored u"on it#. 2n;entor! searches uni1orml! a""ear to alloB the seiEure o1 cell "hones, Aut are unliDel! to
Custi1! an actual search o1 them.
-he 6earch>2ncident>-o>8rrest Doctrine Does Not =egitimiEe -he 7arrantless 6earch %1 -he Entire Contents %1 8 Cell
$hone.
%nce a digital de;ice is securel! in "olice hands, there is no danger to the arresting o11icers, no "ossiAilit! o1 destro!ing
e;idence, and Nno "ossiAilit! that an arrestee could reach into the area that laB en1orcement o11icers seeD to search.O
8riEona ;. <ant, ZZ 5.6. ZZ, (09 6. Ct. (7(,, (7(' 0,,9#. -he search>incident>to>arrest e/ce"tion should not a""l!
under these circumstances. 8lloBing otherBise Bould Ae tantamount to Ngi;ing "olice o11icers unAridled discretion to
rummage at Bill among a "ersonMs "ri;ate e11ects,O <ant, (09 6. Ct. at (70,, or "ermitting o11icers to ri1le through the
desD draBers in a room Bhere one is arrested, Chimel, 39+ 5.6. at 7'3, "ro"ositions e/"licitl! reCected A! this nationMs
highest court.
8. -he 6earch>2ncident>-o>8rrest E/ce"tion Does Not 8""l! 7here %11icer 6a1et!, E;idence Destruction %r %ther
E/igencies 8re Not Concerns.
-he 6u"reme Court has long held that "ur"ose 1or the search>incidentto>arrest e/ce"tion is rooted in e/igenc!: most
notaAl!, the need 1or o11icer "rotection and the need to ensure that e;idence is not destro!ed A! the arrestee. <ant, (09 6.
Ct. at (7(4: Chimel, 39+ 5.6. at 7+3: see also 5nited 6tates ;. )aAinoBitE, 339 5.6. +', 70 (9+,# .ranD1urter, 4.,
dissenting# discussing the histor! o1 the search>incident>to>arrest e/ce"tion#. But such searches Nmust not Ae a ruse 1or a
general rummaging in order to disco;er incriminating e;idence.O 5nited 6tates ;. .eldman, 7** ..0d +44, ++3 9th Cir.
(9*'#.
-he Court em"hasiEed this "rinci"le Cust tBo !ears ago Bhen it strucD doBn the Barrantless search o1 an arresteeMs CacDet
"ocDet inside a car a1ter he Bas in custod! and no longer aAle to access the interior o1 his ;ehicle. 2n 8riEona ;. <ant, the
"olice arrested the de1endant 1or di;ing Bith a sus"ended license. (09 6. Ct. at (7(4. 7hile he Bas in custod! and
handcu11ed in the AacD o1 a "atrol ;ehicle, the o11icers searched the inside o1 his car Bithout a Barrant and 1ound cocaine
in the "ocDet o1 a CacDet on the
AacDseat. 2d. -he Court e/"lained: N21 there is no "ossiAilit! that an arrestee could reach into the area that laB
en1orcement o11icers seeD to search, Aoth Custi1ications 1or the search>incident>to>arrest e/ce"tion are aAsent and the rule
does not a""l!.O 2d. at (7(' em"hasis added#. -he Court 1urther elaAorated:
8 rule that gi;es "olice the "oBer to conduct Ra search incidentto arrestS Bhene;er an indi;idual is caught committing a
tra11ico11ense, Bhen there is no Aasis 1or Aelie;ing that e;idence o1the o11ense might Ae 1ound in the ;ehicle, creates a
serious and reoccurring threat to the "ri;ac! o1 countless indi;iduals. 2ndeed, the character o1 that threat im"licates the
central concern underl!ing the .ourth 8mendment V the concern aAout gi;ing "olice o11icers unAridled discretion to
rummage atBill among a "ersonMs "ri;ate e11ects.
2d. at (70,.
-he CourtMs reasoning in <ant 1loBs logicall! 1rom Chimel ;. Cali1ornia, a case in Bhich "olice o11icers searched the
de1endantMs entire home incident to a laB1ul arrest. 39+ 5.6. 7+0, 7+3 (9'9#. -he Court 1ound the search
unconstitutional, determining that the "olice ma! search an area incident to arrest onl! i1 the s"ace is Bithin an arresteeMs
Nimmediate controlO V s"eci1icall!, Nthe area 1rom Bithin Bhich he might gain "ossession o1 a Bea"on or destructiAle
e;idence.O 2d. at 7'3. -he Court noted that the rule NgroBs out o1 the inherent necessities o1 the situation at the time o1
arrest.O 2d. at 7+9 quoting -ru"iano ;. 5nited 6tates, 334 5.6. '99, 7,+, 7,* (94*##. -he Court concluded, hoBe;er,
that there is no
Custi1ication N1or routinel! searching an! room other than that in Bhich an arrest occurs V or, 1or that matter, 1or
searching through all the desD draBers or other closed or concealed areas in that room itsel1.O Chimel, 39+
5.6. at 7'3.
- 64/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<ant is also consistent Bith 5nited 6tates ;. ChadBicD, 433 5.6. ( (977#, aArogated on other grounds, Cali1ornia ;.
8ce;edo, +,, 5.6. +'+ (9*0#. 2n that case, 1ederal o11icers arrested the de1endants and seiEed 1rom their car trunD a
locDed 1ootlocDer, Bhich the o11icers had "roAaAle cause to Aelie;e contained drugs. ChadBicD, 433 5.6. at 4.
8""ro/imatel! an hour and a hal1 a1ter the arrest, the agents o"ened and searched the 1ootlocDer Bithout a Barrant Bhile
the de1endants Bere in custod! and the o11icers had e/clusi;e control o;er the container. 2d. at 4>+. -he 6u"reme Court
1ound the search unconstitutional, e/"laining:
%nce laB en1orcement o11icers ha;e reduced luggage or other"ersonal "ro"ert! not immediatel! associated Bith the
"erson o1the arrestee to their e/clusi;e control, and there is no longer an!danger that the arrestee might gain access to the
"ro"ert! toseiEe a Bea"on or destro! e;idence, a search o1 that "ro"ert! isno longer an incident o1 the arrest.
2d. at (+. 6ome courts ha;e relied on the 6u"reme CourtMs holdings in 5nited 6tates ;. )oAinson, 4(4 5.6. 0(* (973#
and 5nited 6tates ;. EdBards, 4(+
5.6. *,, (974# to hold that o11icers can search arresteesM cell "hones
incident to arrest, concluding that the! are "art o1 the arresteeMs N"erson.O 6ee, e.g., $eo"le ;. DiaE, 044 $.3d +,( Cal.
0,((#: 5nited 6tates ;. .inle!, 477 ..3d 0+, +th Cir. 0,,7#: 5nited 6tates ;. 9oung, 07* .. 8""/. 040 4th Cir. 0,,*#:
5nited 6tates ;. ?ercado>Na;a, 4*' .. 6u"". 0d (07( D. Pan. 0,,7#.(+ )oAinson and EdBards, decided nearl! 3, !ears
ago, should Ae read narroBl! in light o1 the more recent holdings in ChadBicD and <ant. 6earches o1 the "erson are
distinguishaAle 1rom searches o1 electronic data stored in de;ices carried A! the "erson, maDing ChadBicD and <ant more
directl! a""licaAle.
2n )oAinson, the "olice "ulled o;er the de1endant Aecause the! Aelie;ed that he Bas dri;ing Bith a re;oDed "ermit and
"laced him under arrest. 4(4 5.6. 0(* at 00,. 7hile the de1endant Bas in custod!, an o11icer searched him and
disco;ered a crum"led cigarette "acDage in his coat "ocDet Bith heroin inside. 2d. at 000>03. -he 6u"reme Court u"held
the Barrantless search, e/"laining that the search>incident>to>arrest e/ce"tion Nhas historicall! Aeen 1ormulated into tBo
distinct "ro"ositions. -he 1irst is that a search ma! Ae made o1 the "erson o1 the arrestee A! ;irtue o1 the laB1ul arrest.
-he second is that a search ma! Ae made o1 the area Bithin
(+ 2ndeed, man! o1 these cases Bere decided Ae1ore <ant rea11irmed that the e/ce"tion does not a""l! NBhere there is no
"ossiAilit! that an arrestee could reach into the area that laB en1orcement o11icers seeD to search.O (09 6. Ct. at (7('.
the control o1 the arrestee.O 2d. at 004 em"hasis added#. -he Court concluded that the "olice searched and seiEed the
"acDage during a laB1ul custodial search o1 the de1endantMs "erson. 2d. at 03'.
2n EdBards, the de1endant Bas arrested and taDen into custod! 1or tr!ing to AreaD into a "ost o11ice. 4(+ 5.6. at *,(. -he
"olice in;estigating the scene noticed that a BindoB had Aeen "ried o"en and that there Bere "aint chi"s on the
BindoBsill and screen. 2d. at *,(>,0. -he "olice seiEed the de1endantMs clothes Bithout a Barrant the ne/t morning Bhile
he Bas still in custod! and e/amined them 1or e;idence, disco;ering "aint chi"s that matched those 1ound at the BindoB.
2d. at *,0. -he Court u"held the search under the search>incident>to>arrest e/ce"tion, reasoning that the "olice had
"roAaAle cause to Aelie;e that the clothes themsel;es Bere e;idence o1 the crime 1or Bhich the de1endant Bas arrested. 2d.
at *,4>,+. -he Court Bas care1ul to reser;e the "ossiAilit! that a Barrant might Ae required 1or o11icers to search Nthe
e11ectsO o1 an arrestee under other circumstances. 2d. at *,*.
-he cell "hone in this case is more liDe the 1ootlocDer in ChadBicD and the CacDet "ocDet in <ant than the cigarette
"acDage in )oAinson or the clothing Born A! the de1endant in EdBards. 2n the 1ormer cases, the
searched item Bas a "ossession in the e/clusi;e control o1 the "olice, raising
no concerns aAout o11icer sa1et! or destruction o1 e;idence. 2n )oAinson and EdBards, the searches u"held A! the
6u"reme Court Bere o1 the arresteeMs "erson, and did not in;ol;e a closed "ossession in the hands o1 the "olice. 7hile an
arrestee ma! ha;e a reduced "ri;ac! interest in his "erson, he does not ha;e a reduced "ri;ac! interest in the contents o1
his "hone in "olice custod!.
-he Ninth Circuit e/"lained this distinction e11ecti;el! in 5nited 6tates ;. ?oncla;o>CruE, in Bhich the "olice searched
the de1endantMs "urse Bithout a Barrant at the station house an hour a1ter her arrest. ''0 ..0d (0*+ 9th Cir. (9*(#. -he
court inter"reted the holdings in ChadBicD, EdBards and )oAinson to mean that Nonce a "erson is laB1ull! seiEed and
"laced under arrest, she has a reduced e/"ectation o1 "ri;ac! in her "erson,O Bhile N"ossessions Bithin an arresteeMs
immediate control ha;e R.Sourth R8Smendment "rotection at the station house unless the "ossession can Ae characteriEed
as an element o1 clothing.O 2d. at (09, em"hasis added#. 7hile the cigarette "acDage in )oAinson Bas closel! enough
associated Bith clothing to 1all Bithin the e/ce"tion, a "urse seiEed 1rom the de1endant Bas not. 2d. =iDeBise, a cell
"hone V Bith its tremendous ca"acit! 1or storage and high liDelihood o1 carr!ing ;ast amounts o1 in1ormation V is a
"ossessor! item in Bhich a "erson retains a strong "ri;ac! interest, and
cannot sim"l! Ae considered Nan element o1 clothing.O
-he outcome o1 this case should Ae similar to 5nited 6tates ;. $arD, in Bhich laB en1orcement o11icers used the search>
incident>to>arrest doctrine to search se;eral sus"ectsM cell "hones 1or tele"hone numAers during the AooDing "rocess
a""ro/imatel! an hour and a hal1 a1ter the sus"ectsM arrests. No. C) ,+>37+ 62, 0,,7 5.6. Dist. =E&26 4,+9', at TT+>(3
- 65/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N.D. Cal. ?a! 03, 0,,7#. -he court held that the go;ernment did not meet its Aurden to estaAlish that an e/ce"tion to the
Barrant requirement a""lied to Custi1! the searches. 2d. at T(4. 6"eci1icall!, it 1ound that cell "hones should Ae considered
N"ossessions Bithin an arresteeMs immediate controlO V in Bhich an arrestee has no reduced e/"ectation o1 "ri;ac! and
Bhich recei;e 1ull .ourth 8mendment "rotection at the "olice station V rather than "art o1 Nthe "erson,O an area in Bhich
there is a reduced e/"ectation o1 "ri;ac! a1ter arrest. 2d. at T0(, citing ChadBicD, 433 5.6. at (' n.(,. Critical to the
courtMs decision Bas the 1act that NRiSndi;iduals can store highl! "ersonal in1ormation on their cell "hones, and can record
their most "ri;ate thoughts and con;ersations on their cell "hones through email and te/t, ;oice and instant messages.O
2d. at T00. .urthermore, the court noted that the searches Bent N1ar Ae!ond the original rationales 1or searches incident to
arrest, Bhich Bere to remo;e Bea"ons to ensure the sa1et! o1 o11icers and
A!standers, and the need to "re;ent concealment or destruction o1 e;idence.O 2d. at T04. C1. 6mith, 90, N.E.0d at 9++.
=iDe the de1endants in $arD, the de1endant in this case Bas in "olice custod! Bhen o11icers searched his cell "hone
a""ro/imatel! 4, minutes a1ter arrest. E)>3. 8t the time o1 the search, the de1endant Bas in a holding cell and "osed no
danger to an! memAer o1 laB en1orcement, nor an! threat o1 destro!ing e;idence. E)>3. 8 "olice crime anal!st accessed
the de1endantMs cell "hone solel! to search 1or e;idence, and in 1act 1ound te/t messages and images that he Aelie;ed
Bere related to this "ur"ose. E)>3>4. =iDe the search in $arD, the Barrantless search o1 the de1endantMs cell "hone here
Bas a 1ishing e/"edition 1or incriminating e;idence, and had nothing to do Bith "reser;ing e;idence or "rotecting o11icer
sa1et!. -he search Bas unconstitutional.
B. No E/igenc! E/ists -o 4usti1! -he )outine 7arrantless 6earch %1 Cell $hones 2ncident -o 8rrest.
-he onl! "otential e/igenc! raised A! the o11icers to Custi1! the search>incident>to>arrest e/ce"tion here is the "ossiAle
loss o1 e;idence i1 the! are required to oAtain a Barrant. -his is not a com"elling argument.
7hile "rograms e/ist that alloB a user to remotel! delete the data on a
de;ice,(' these "rograms cannot delete data unless the user taDes an a11irmati;e action to trigger the deletion, t!"icall!
A! signing into an account online and indicating that he Bishes to NBi"eO the data on the de;ice V something di11icult to
accom"lish Bhile in custod!. 2t is also unliDel! that an arrestee could erase the data on a de;ice A! "lacing a collect call
to a ser;ice "ro;ider 1rom a detention room, as the trial court noted. E)>+>'.
)egardless, an! concern aAout remote Bi"ing can Ae eliminated A! "lacing the seiEed de;ice in a container that Dee"s the
"hone 1rom recei;ing outside communications and maintains the integrit! o1 the data on the de;ice 1or e;identiar!
"ur"oses.(7 2mmediatel! u"on arrest, o11icers can de"osit cell "hones and other digital de;ices into Aags that ser;e this
"ur"ose.(* -o the e/tent that o11icers are concerned that the de;iceMs Aatter! ma! run out Ae1ore the! can secure a
Barrant, the! can charge the Aatter! using a "oBer ada"ter that "lugs into the Ball or a car, or a remote charger.
(' 6ee 4amie =endino, Pill 9our $hone )emotel!, $C?ag.com,
htt"s:HHBBB."cmag.comHarticle0H,,0*(7,03+07++,,,.as" 6e"t. ((, 0,,9#
sur;e!ing the remote Bi"ing so1tBare a;ailaAle 1or di11erent moAile
"hones#.
(7 6ee N.arada! cage,O 7iDi"edia, htt"s:HHsecure.BiDimedia.orgHBiDi"ediaH
enHBiDiH.arada!Zcage last ;isited ?arch 3,, 0,((#.
(* 6ee, e.g., $araAen Cor"oration, $atented 7ireless 6trong3old Bag,
htt"s:HHBBB."araAen.comHstronghold>Aag.html last ;isited ?arch 0*, 0,((#:
DisDlaAs, -he ?oAile $hone 6hield .arada! Bag,
htt"s:HHBBB.1arada!Aag.comH1arada!ZAagZmoAileZshield.html last ;isited
?arch 0*, 0,((#: eDEC, ). 6hielded Bags 1or .orensicall! 6ound E;idence
Collection, htt"s:HHBBB.1arada!>Aags.com last ;isited ?arch 0*, 0,((#.
%11icers can also seeD records o1 the de;iceMs communications 1rom the communications ser;ice "ro;ider that the
arrestee suAscriAes to, such as 8-W- or VeriEon. 6ee 5nited 6tates ;. 4ames, No. (:,'C)(34 CD$, 0,,*
5.6. Dist. =E&26 34*'4 at T(9 n.3 E.D. ?o. 8"ril 09, 0,,*#. 21 o11icers can satis1! the a""ro"riate legal standard, the!
can oAtain ;arious records 1rom "ro;iders through a Barrant, suA"oena, or court order. 6ee, i.e., 6tored Communications
8ct, (* 5.6.C. Q 07,3.
2t is douAtlessl! true that it is more incon;enient 1or the "olice to ha;e to oAtain a Barrant Ae1ore searching a digital
de;ice. But incon;enience does not Custi1! a Barrantless search o1 all cell "hones u"on arrest: Nthe Constitution
recogniEes higher ;alues than s"eed and e11icienc!.O 6tanle! ;. 2llinois, 4,+ 5.6. '4+, '+' (970#: see also 5nited 6tates
;. Paro, 4'* 5.6. 7,+, 7(7>(* (9*4# reCecting argument that a Barrant requirement should not a""l! Aecause o11icers
Bill Ae 1orced to oAtain Barrants in more situations#. )e1using to a""l! the search>incident>to>arrest e/ce"tion here Bill
not hamstring the go;ernmentMs aAilit! to in;estigate crimes. 2t Bill sim"l! require agents to oAtain a "roAaAle cause
Barrant to search a digital de;ice 1or e;idence a1ter an arrestee is taDen into custod!, consistent Bith <ant and ChadBicD.
C%NC=562%N
.or the 1oregoing reasons, the Court should 1ind that the searchincident>
- 66/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to>arrest e/ce"tion does not a""l! and the search o1 the de1endantMs
cell "hone ;iolated the .ourth 8mendment.
%Aser;ation:
8 larcenous intent ma! Ae in1erred 1rom the 1act that the 1inder, DnoBing or ha;ing the immediate means o1 ascertaining
the oBner, concealed the 1inding instead o1 maDing reasonaAle e11orts to restore the "ro"ert! to him or her.R.N9S
6mart"hone 6earches 2ncident to 8rrest
6mart"hone 6earches 2ncident to 8rrest B9 3. ?%)=E9 672N<=E(
3. ?orle! 6Bingle Ca"e <irardeau
$ursuant to the search incident to arrest doctrine, "olice o11icers ha;e long Aeen authoriEed to search the "ocDets, "urses,
Ballets and other containers 1ound on the "erson o1 sus"ects the! ha;e arrested. Courts are s"lit, hoBe;er, as to Bhether
the reasonaAleness standard o1 the .ourth 8mendment alloBs an arresting o11icer to rummage through the massi;e and
o1ten "ersonal contents o1 a cell "hone or smart"hone seiEed incident to an arrest.
2ntroduction
%n a cold ?arch morning in 0,,*, a "uAlic school teacher Bas arrested 1or dri;ing Bhile into/icated. -he arresting
o11icer "atted him doBn "ursuant to a search incident to arrest and 1ound a cell "hone in his "ocDet. -he o11icer o"ened
the "honeMs "hotogra"h 1older and disco;ered "ictures o1 the schoolteacher and his naDed girl1riend in Nse/uall!
com"romising "ositions.O0 Delighted Bith his 1ind, the o11icer radioed other o11icers not in;ol;ed in the arrest to come
looD at the "hotos 1or their NenCo!ment.O3 Can it ha""enI 2t did, in Virginia. 2n a ci;il rights case Arought A! the
schoolteacher against the "olice o11icer, a 1ederal court ruled that the o11icer Bas "rotected A! quali1ied immunit! since
the sco"e o1 a search incident to arrest o1 a smart"hone is still an o"en question under the laB o1 search and seiEure.4 2n
the maCorit! o1 Curisdictions, the search o1 the contents o1 a cell "hone on the "erson o1 an arrestee is alloBed as a ;alid
search incident to arrest.+ 2n a minorit! o1 Curisdictions, it has Aeen held to Ae an unreasonaAle search.' No ?issouri
a""ellate court has !et ruled u"on the issue.
-he .ourth 8mendment
8ll Barrantless searches are go;erned A! the .ourth 8mendment, Bhich assures "eo"le the right Nto Ae secure in their
"ersons, houses, "a"ers and e11ects against unreasonaAle searches and seiEures.O7 )easonaAleness is the De!. 2n the
conte/t o1 searches incident to a ;alid arrest, it has long Aeen the rule that the area Bithin the NBings"anO or NgraA areaO
o1 the "erson Aeing arrested ma! Ae searched, as Bell as the contents o1 his "ocDets and an! containers on his "erson.
-his 1ull search o1 the arrestee and the area Bithin his immediate reach at the time o1 the arrest ma! Ae made Bithout
regard to an! s"eci1ic e/igenc! or the seriousness o1 the o11ense, and regardless o1 an! "roAaAilit! that the search Bill
!ield a Bea"on or e;idence o1 a crime.* -he 5. 6. 6u"reme Court in 5nited 6tates ;. )oAinson9 and Chimel ;.
Cali1ornia(, estaAlished this NAright>line ruleO in order to maDe the laB eas! to understand and a""l!.(( -he rationale 1or
the rule maDes sense in that a "erson might ha;e something in his "ocDets that could Ae used as a Bea"on against the
o11icers, or that might constitute e;idence that could Ae surre"titiousl! destro!ed or discarded Ae1ore the o11icers got the
sus"ect to the stationhouse. 5nder this traditional anal!sis, searches incident to arrest ha;e Aeen e/tended to things liDe
"urses,(0 Ballets,(3 "agers,(4 address AooDs,(+ Arie1cases,(' cigarette "acDages,(7 as"irin Aottles,(* 1ilm canisters,(9
gunshot residue testing0, and 1ingernail scra"ings.0( 8s long as the sus3'
H 4ournal o1 the ?266%5)2 B8)
"ect Bas ;alidl! arrested, "ursuant to either "roAaAle cause or an arrest Barrant,00 the search o1 his "erson and an!
containers on his "erson is 1air game.
6mart"hone 5Aiquit! and Ca"aAilities
-he Aeaut! o1 the .ourth 8mendment is that, A! its use o1 the Bord NunreasonaAle,O it remains ada"taAle to the times.
7hen 3*>!ear>old 4ames ?adison BorDed on his 1irst dra1t o1 the .ourth 8mendment 0,, !ears ago, he could not
"ossiAl! ha;e en;isioned a time Bhen a "erson Bould ha;e in his "ocDet a de;ice that could Ae used not onl! to
communicate
Bith other "eo"le, Aut to store thousands o1 "hotogra"hs, e>mails, te/t messages, "ersonal corres"ondence, medical
records, addresses o1 1amil! memAers and 1riends, "lus records o1 recent "hone calls made and recei;ed and 2nternet sites
;isited. 2n 1act, an i$hone has enough memor! to store more than N00,,,,, co"ies o1 the com"lete te/t o1 =eBis CarrollMs
8lice in 7onderland.O03 21 ?adison Bere ali;e toda!, he Bould undouAtedl! oBn one.
-he use o1 cell "hones and smart>"hones has increased A! lea"s and Aounds. 5ntil the mid>(99,s, cell "hones Bere
merel! "ortaAle tele"hones.04 2n that decade NNoDia introduced the 1irst cell "hone that Bas also a Yhand>heldM
- 67/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
com"uter.O0+ NoB, man! cell "hones are actuall! mini>com"uters, DnoBn as Nsmart"hones,O and Nstore address AooDs,
calendars, ;oicemails, [ te/t messages, [ "hotos, music, mo;ies, e>mails [, 2nternet histor!, [ social netBorDing
"ro1iles,O 1inancial records, Bord "rocessing a""lications, <$6 location na;igation records and "ersonal notations.0' 8s
o1 4une 0,(,, there Bere nearl! 093 million cell "hone suAscriAers in the 5nited 6tates,07 Nalmost ten times the numAer
in (994.O0* E/"erts estimate that A! 0,(3 hal1 o1 the cell
that "olice o11icers ma! e;en unlocD a "assBord>"rotected "hone seiEed during an arrest.34
Courts DisalloBing 6mart>"hone 6earches 2ncident to 8rrest
2n 0,,9, the 6u"reme Court o1 %hio issued the most clear>cut case holding that a search o1 a smart"hone incident to an
arrest is unreasonaAle under the .ourth 8mendment.3+ 2n 6tate ;. 6mith, the court held that Aecause a smart>"hone
alloBs 1or high>s"eed 2nternet access and is ca"aAle o1 storing Ntremendous amounts o1 "ri;ate data,O it is unliDe other
containers 1or the "ur"oses o1 .ourth 8mendment anal!sis.3' Because o1 the large amount o1 "ersonal in1ormation in a
modern cell "hone, its user has a high e/"ectation o1 "ri;ac! in its contents: accordingl!, NRoSnce the cell "hone is in
"olice custod!, the state has satis1ied its immediate interest in collecting and "reser;ing e;idence and . . . must then
oAtain a Barrant Ae1ore intruding into the "honeMs contents.O37 8 minorit! o1 other courts has reached the same result.3*
"hone users Bill carr! smart"hones.09 -he 5. 6. 6u"reme Court recentl! oAser;ed: NCell "hone and te/t message
communications are so "er;asi;e that some "ersons ma! consider them to Ae essential means or necessar! instruments
1or sel1>e/"ression, e;en sel1>identi1ication.O3, 2s it reasonaAle to alloB "olice o11icers to rummage through a citiEenMs
"ersonal data sim"l! Aecause he has Aeen arrested and ha""ens to ha;e his smart"hone in his "ocDet at the time o1 his
arrestI -he issue Bill 1ace more and more courts. 6o 1ar, cases ha;e come doBn on Aoth sides.
Courts 8""ro;ing 6mart"hone 6earches 2ncident to 8rrest
-he most 1requentl! cited case in;ol;ing a search o1 a cell "hone is 5nited 6tates ;. .inle!.3( 2n this 0,,7 case, the court
held it reasonaAle to search the te/t messages and call records o1 a cell "hone incident to an arrest. -he .inle! court
considered a cell "hone Cust another t!"e o1 container, and NRtShe "ermissiAle sco"e o1 a search incident to a laB1ul arrest
e/tends to containers 1ound on the arresteeMs "erson.O30 -his has Aecome the ;ieB"oint in the maCorit! o1 Curisdictions
considering the issue.33 E/isting case laB strongl! suggests
4anuar!>.eAruar! 0,(0 H 37
8""l!ing 8riEona ;. <ant to 6mart"hone 6earches
8lthough a case in;ol;ing the search o1 a smart"hone incident to an arrest has not !et made it to the
5. 6. 6u"reme Court, it seems liDel! the Court might a""l! to such searches the same rule recentl! articulated 1or
searches o1 occu"ants o1 automoAiles incident to an arrest.39 $rior to 0,,9, the 5. 6. 6u"reme Court, in NeB 9orD ;.
Belton,4, dreB a NAright>lineO around the interior com"artment o1 a car, holding that i1 an occu"ant o1 a car Bas arrested,
the "assenger com"artment o1 the car could Ae searched incident to that arrest, Bhether or not the arrestee Bas still Bithin
lunging distance o1 the car, and regardless o1 the t!"e o1 crime 1or Bhich the suACect Bas Aeing arrested. 2t Bas a sim"le
rule, eas! to a""l! on the street and in the courtroom. 2n 8riEona ;. <ant,4( the Court rescinded that "articular Aright>
line, holding that Bhen an occu"ant o1 an automoAile has Aeen arrested, his car cannot Ae searched i1 he is no longer in a
"osition to graA something in the car, Bith the onl! e/ce"tion Aeing that Bhen o11icers ha;e reason to Aelie;e that
e;idence o1 the s"eci1ic crime 1or Bhich the! arrested him might Ae in the car, the! can search it 1or e;idence related to
the arrest.
-he Court in <ant e/"lained its reasoning 1or scaling AacD the sco"e o1 a search o1 a car incident to arrest:
2t is "articularl! signi1icant that Belton searches authoriEe "olice o11icers to search not Cust the "assenger com"artment
Aut e;er! "urse, Arie1case, or other container Bithin that s"ace. 8 rule that gi;es "olice the "oBer to conduct such a
search Bhene;er an indi;idual is caught committing a tra11ic o11ense, Bhen there is no Aasis 1or Aelie;ing e;idence o1 the
o11ense might Ae 1ound in the
;ehicle, creates a serious and
recurring threat to the "ri;ac!
o1 countless indi;iduals.40
Certainl!, the threat o1 "olice o11icers rummaging through the contents o1 a cell "hone Aelonging to a "erson Bho has
merel! committed a tra11ic o11ense is Cust as serious a threat to "ri;ac! as rummaging through the contents o1 a car.
-he <ant Ne;idence>related>tocrime>o1>arrestO anal!sis "ro;ides a BorDaAle 1rameBorD to a""l! to searches o1
smart"hones incident to arrest.43 5sing an oACecti;e standard, i1 the o11icers ha;e reasonaAle grounds to sus"ect that
e;idence o1 the crime 1or Bhich the! Cust arrested the indi;idual might Ae in the "hone, the! could search it Bithout a
Barrant. %therBise, the "honeMs contents Bould Ae o11 limits unless a Cudge 1ound that "roAaAle cause e/isted 1or the
issuance o1 a search Barrant to e/amine the contents o1 the "hone, or unless one o1 the other traditional e/ce"tions to the
search Barrant requirement a""lied. %ther "ossiAle e/ce"tions "otentiall! a""licaAle to Barrantless searches o1 cell
"hones include e/igent circumstances,44 the automoAile e/ce"tion,4+ the in;entor! e/ce"tion,4' Nthe ine;itaAle>
disco;er! doctrine,O47 "lain ;ieB,4* and consent.49
- 68/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
E/am"les o1 the a""lication o1 the <ant test to searches incident to arrest are eas! to imagine, and in some cases ha;e
alread! Aeen litigated.
8n o11icer Bho has arrested a drug dealer 1or a Cust>com"leted drug sale Bould ha;e reasonaAle sus"icion to thinD that
tele"hone records, emails and e;en "hotogra"hs o1 illegal drugs and accom"lices might Ae in the "hone.+, .or e/am"le,
a 1ederal court recentl! held that the <ant limitations on a search incident to arrest o1 an occu"ant o1 a ;ehicle, i1 a""lied
to cell "hones, Bould alloB o11icers Bho ha;e arrested a drug dealer to search his cell "hone 1or e;idence related to his
drug>dealing.+( %n the other hand, another court ruled that Bhile it Bould Ae reasonaAle to thinD e;idence o1 the crime o1
arrest might Ae "resent in the cell "hone Bhen arresting a sus"ect 1or a Cust>com"leted drug sale, the la"se o1 (, months
AetBeen the date o1 the crime and the time o1 arrest, caused A! a length! grand Cur! in;estigation, made it unliDel! that
e;idence "ertaining to the old drug sale Bould still Ae in the "hone: hence, a search o1 the "hone incident to arrest Bas
im"ro"er.+0
-he Cali1ornia Court o1 8""eals recentl! held it laB1ul to search a car and the cell "hone 1ound inside it 1or e;idence o1
drug use incident to the de1endantMs arrest 1or dri;ing under the in1luence o1 drugs. 2n regard to the cell "hone, it Bas
reasonaAle to sus"ect that it might Ncontain te/t messages related to acquiring and o11ering drugs,O or Nmight ha;e
identi1ied the controlled suAstanceO in;ol;ed, or amounting to admissions Nas to Bhat Rthe dri;erS had done that night.O+3
8s Bith recent drug sales and drug use, it is also reasonaAle 1or an arresting o11icer to Aelie;e that a recentl!>arrested
child "ornogra"her might Bell ha;e images o1 naDed children in his "hone: that a child molester Cust arrested 1or tr!ing to
lure an under>aged ;ictim to meet him in a "arD might ha;e te/t messages and e>mails relating to this ;ictim or other
;ictims in his "hone: that a murder sus"ect "laced under arrest might ha;e in his "hone "hotogra"hs, te/ts or e>mails
connecting him to the ;ictim: that a "erson arrested 1or te/ting Bhile dri;ing might ha;e te/t messages in his "hone
"ro;ing that he had Cust Aeen using it: or that a man arrested 1or stalDing a Boman Bould ha;e "hotogra"hs, messages or
other in1ormation "ertaining to her in his "hone.
3* H 4ournal o1 the ?266%5)2 B8)
Con;ersel!, a sus"ect arrested 1or dri;ing Bhile re;oDed Bould Ae unliDel! to ha;e e;idence "ertaining to his crime in his
cell "hone. .or e/am"le, in 5nited 6tates ;. @uintana, the court held that the cell "hone o1 a sus"ect arrested 1or dri;ing
Bhile sus"ended could not Ae searched incident to the arrest, e/"laining:
7here a Rsus"ectS is arrested 1or drug>related acti;it!, "olice ma! Ae Custi1ied in searching the contents o1 a cell "hone 1or
e;idence related to the crime o1 the arrest, e;en i1 the "resence o1 such e;idence is im"roAaAle. 2n this case, hoBe;er,
De1endant Bas arrested 1or dri;ing Bith a sus"ended license. -he search o1 the contents o1 De1endantMs cell "hone had
nothing to do Bith o11icer sa1et! or the "reser;ation o1 e;idence related to the crime o1 arrest.+4
-he same anal!sis Bould seem to a""l! to a routine alcohol>related D72 arrest.
=iDeBise, it is hard to imagine hoB a "erson arrested 1or sho"li1ting, "assing Aad checDs or Ca!BalDing Bould Ae liDel! to
ha;e e;idence relating to the crime o1 arrest in his "hone.
2n each case, the test is an oACecti;e one, Aased on the totalit! o1 the circumstances. 7hen the o11icer has articulaAle
sus"icion that e;idence o1 the crime o1 arrest is in the "hone, he ma! conduct a Barrantless search incident to the arrest.
%therBise, he must Bait and a""l! 1or a search Barrant, and let a neutral and detached magistrate maDe the decision as to
Bhether "roAaAle cause e/ists to search the contents o1 the smart"hone. 8""lication o1 the 8riEona ;. <ant anal!sis to
searches o1 cell "hones incident to arrest Bould alloB "olice to "rom"tl! seiEe rele;ant e;idence in s"eci1ic cases Bhile
still "rotecting the "ri;ac! rights o1 most citiEens in most cases.
E/igent Circumstances
E/igent circumstances ha;e alloBed o11icers to conduct Barrantless searches o1 cell "hones the! ha;e seiEed++ and to
ansBer ringing cell "hones in their custod!.+' 8s technolog! continues to de;elo", the e/igent circumstances e/ce"tion
Bill "roAaAl! "la! a greater role in searches o1 smart>"hones immediatel! a1ter arrest. -his is Aecause man! neB "hones,
such as the i$hone, ha;e remote>access Bi"e "rograms, alloBing the data in the tele"hone to Ae deleted almost
instantaneousl! 1rom a remote location.+7 6uch a 1eature Bould alloB one drug dealer to Bi"e the data out o1 his
cocons"iratorMs tele"hone as soon as he realiEes that his com"anion has Aeen arrested. 2n these situations, e/igent
circumstances should alloB o11icers to access the data Bithout dela!ing to get a search Barrant.+* 2n more than one
4anuar!>.eAruar! 0,(0 H 39
case, a search o1 a cell "honeMs address AooD and call histor! incident to arrest has Aeen u"held "recisel! Aecause o1 this
remote>access Bi"e ca"aAilit!.+9 -he issue ma! Aecome com"licated e;en more A! the emerging use o1 .arada! Aags,
Bhich are small lightBeight Aags into Bhich "olice o11icers can "lace seiEed cell "hones to "re;ent them 1rom Aeing
remotel! Bi"ed.', 7hile these Aags might "re;ent data inside the "hone 1rom Aeing remotel! Bi"ed, the! Bould not
"re;ent data Aeing stored in a NcloudO or other location 1rom Aeing destro!ed, so e/igent circumstances ma! still a""l!.
Conclusion
7hen dealing Bith neB technolog!, the 5. 6. 6u"reme Court is o1ten hesitant to "aint neB rules Bith a Aroad Arush,
"recisel! Aecause technolog! changes so quicDl!.'( 7hat is reasonaAle in one decade can Aecome unreasonaAle in
- 69/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
another. .or the time Aeing, hoBe;er, it seems that the Aest a""roach regarding searches o1 smart>"hones under the
.ourth 8mendment is to hold that the! are o11 limits unless the arresting o11icer can articulate reasonaAle sus"icion to
Aelie;e that e;idence "ertaining to the crime 1or Bhich the sus"ect Bas arrested is in the "hone. %therBise, the! must not
Ae searched unless one o1 the other e/ce"tions to the Barrant requirement e/ists'0 or unless the o11icer has taDen the time
and trouAle to get a search Barrant.
Endnotes
( ?r. 6Bingle is the "rosecuting attorne! 1or Ca"e <irardeau Count!, ?issouri. 3e is a memAer o1 the 6u"reme Court o1
?issouriMs Committee on $rocedure in Criminal Cases and a (9*, graduate o1 the 5ni;ersit! o1 ?issouri>ColumAia
6chool o1 =aB. 3e carries an i$hone.
0 NeBhard ;. Borders, '49 ..6u"".0d 44,, 444 7.D. Va. 0,,9#.
3 2d. at 444.
4 NeBhard ;. Borders, '49 ..6u"".0d 44,
7.D. Va. 0,,9#. + 6ee 5nited 6tates ;. Curtis, '3+ ..3d 7,4 +th Cir. 0,((#: 5nited 6tates ;. $ineda>8reola, 370 ..
8""M/ ''( 7th Cir. 0,(,#: 5nited 6tates ;. .uentes, 3'* .. 8""M/ 9+ ((th Cir. 0,(,#: 6il;an 7. ;. Briggs, 3,9 ..
8""M/ 0(' (,th Cir. 0,,9#: 5nited 6tates ;. ?ur"h!, ++0 ..3d 4,+ 4th Cir. 0,,9#: 5nited 6tates
;.
9oung, 07* .. 8""M/ 040 4th Cir. 0,,*#: 5nited 6tates ;. .inle!, 477 ..3d 0+, +th Cir. 0,,7#: 5nited 6tates ;. <omeE,
No. ((0,3,4>C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((#: 5nited 6tates ;. 3ill, No. C) (,>,,0'( 467, 0,(( 7=
9,(3, N.D. Cal. 4an. (,, 0,((#: 5nited 6tates ;. 6algado, No. (:,9>C)>4+4>C8$>EC6>+, 0,(, 7= 3,'044, N.D. <a.
4une (0, 0,(,#: 5nited 6tates ;. .aller, '*( ..6u"".0d (,0* E.D. ?o. 0,(,#: 5nited 6tates ;. 7urie, '(0 .. 6u"".0d
(,4 D. ?ass. 0,,9#: 5nited 6tates
;.
?cCra!, No. C)4,*>03(, 0,,9 7= 09',7
6.D. <a. 4an. +, 0,,9#: 5nited 6tates ;. <ates, No. ,*>40>$>3, 0,,* 7= +3*00*+ D. ?e. Dec. (9, 0,,*#: 5nited 6tates
;. 6antillan, +7( ..6u"".0d (,93 D. 8riE. 0,,*#: 5nited 6tates ; Deans, +49 ..6u"".0d (,*+ D. ?inn. 0,,*#: 5nited
6tates ;. ValdeE, No. ,'>C)>33', 0,,* 7= 3',+4* E.D. 7is. .eA. *, 0,,*#: 5nited 6tates ;. Curr!, No. ,7>(,,>$>3,
0,,* 7= 0(99'' D. ?e. 4an. 03, 0,,*#: 5nited 6tates ;. Dennis, No. ,7>,,*>D=B, 0,,7 7= 34,,+,, E.D. P!. No;.
(3, 0,,7#: 5nited 6tates ;. =ottie, No. 3:,7>cr>+(>86, 0,,7 7= 4700439 N.D. 2nd. %ct. (0, 0,,7#: 5nited 6tates ;.
?ercado>Na;a, 4*' ..6u"".0d (07(
D. Pan. 0,,7#: 5nited 6tates ;. BrooDes, No. C)2? 0,,4>,(+4, 0,,+ 7= (94,(04 D.
V.2.
4une (', 0,,+#: 5nited 6tates ;. Cote, No. ,3C)07(, 0,,+ 7= (303343 N.D. 2ll. ?a! 0', 0,,+#: $eo"le ;. DiaE, 044
$.3d +,( Cal. 0,((#: .aBdr! ;. 6tate, 7, 6o.3d '0' .la. Dist. Ct. 8"". 0,((#: 6mallBood ;. 6tate, '( 6o.3d 44* .la.
Dist. Ct. 8"" 0,((#: 6tate ;. Ni/, 037 $.3d *40 %r. Ct. 8"". 0,(,#: 6tate
;.
7ilDerson, '*3 6.E.0d (74 N.C. 0,,9#: 6tate ;. 3arris, No. ( C8>C) ,7>,*(,, 0,,* 7= 43'*0,9 8riE. Ct. 8"". 6e"t.
03, 0,,*#.
' 6ee 5nited 6tates ;. ?c<hee, , No. *:,9C)3(, 0,,9 7= 0404(,4 D. NeA. 4ul! 0(, 0,,9#: 5nited 6tates ;. @uintana,
+94 ..6u"".0d (09( ?.D. .la. 0,,9#: 5nited 6tates ;. 7all, No. ,*>',,('>C), 0,,* 7= +3*(4(0 6.D. .la. Dec. 00,
0,,*#: 5nited 6tates ;. $arD, No. C) ,+>37+ 62, 0,,7 7= (+0(+73 N.D. Cal. ?a! 03, 0,,7#: 6tate ;. 6mith, 90,
N.E.0d 949 %hio 0,,9#.
7 5.6. Const. amend. 2V.
* 5nited 6tates ;. )oAinson, 4(4 5.6. 0(*, 03' (973#.
9 2d.
(, 39+ 5.6. 7+0 (9'9#.
(( 8dam ?. <ershoBitE, -he i$hone ?eets
the .ourth 8mendment, +' 5C=8 =. )e;. 07, 4+ 0,,*#.
(0 6tate ;. <reene, 7*+ 6.7.0d +74 ?o. 8"". 7.D. (99,#: 6tate ;. 7oods, '37 6.7.0d ((3 ?o. 8"". E.D. (9*0#.
(3 5nited 6tates ;. )odrigueE, 99+ ..0d 77' 7th Cir. (993#.
(4 5nited 6tates ;. Chan, *3, .. 6u"". +3(
N.D. Cal. (993#. (+ 5nited 6tates ;. 3olEman, *7( ..0d (49' 9th Cir. (9*9#. (' 5nited 6tates ;. Valiant, *73 ..0d 0,+
*th Cir. (9*9#. (7 5nited 6tates ;. )oAinson, 4(4 5.6. 0(* (973#. (* Daniels ;. 6tate, 4(' 6o.0d 7', 8la. Crim. 8"".
(9*0#. (9 6tate ;. <reene, 7*+ 6.7.0d +74 ?o. 8"". 7.D. (99,#. 0, 6tate ;. 3oBell, +04 6.7.0d (( ?o. Aanc (97+#.
0( 6tate ;. ?agnotti, +,0 8.0d 4,4 Conn.
(9*+#.
00 Virginia ;. ?oore, ++3 5.6. ('4 0,,*#.
- 70/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
03 Chelsea %/ton, Note, -he 6earch 2ncident to 8rrest E/ce"tion $la!s Catch 5": 7h! $olice ?a! No =onger 6earch
Cell $hones 2ncident to 8rrest 7ithout a 7arrant, 43 Creighton =. )e;. ((+7, (('0 0,(,#.
04 4ana =. Pnott, 2s -here 8n 8"" .or -hatI )ee/amining the Doctrine o1 6earch 2ncident to =aB1ul 8rrest in the
Conte/t o1 Cell $hones, 3+ %Dla. Cit! 5. =. )e;. 44+, 4+4 0,(,#.
0+ 2d.
0' Pnott at 4++.
07 8shle! B. 6n!der, Comment, -he .ourth 8mendment and 7arrantless Cell $hone 6earches: 7hen 2s 9our Cell
$hone $rotectedI 4' 7aDe .orest =. )e;. (++, ('0 0,((#.
0* Pnott at 4+3.
09 Daniel Zamani, -hereMs 8n 8mendment .or -hat: 8 Com"rehensi;e 8""lication o1 .ourth 8mendment
4uris"rudence to 6mart $hones, 3* 3astings Const. =.@. ('9, (7, 0,(,#.
3, Cit! o1 %ntario, Cal. ;. @uon, (3, 6. Ct. 0'(9, 0'3, 0,(,#.
3( 477 ..3d 0+, +th Cir. 0,,7#.
30 2d. at 0',.
33 6ee note +.
34 8dam ?. <ershoBitE, $assBord $rotectedI Can a $assBord 6a;e 9our Cell $hone 1rom a 6earch 2ncident to 8rrestI
9' 2oBa =. )e;. ((0+, ((+, 0,((#.
3+ 6tate ;. 6mith, 90, N.E.0d 949 %hio 0,,9#.
3' 2d. at 9+4.
37 2d. at 9++.
3* 6ee note '.
39 6ee Ben E. 6teBart, Note, Cell $hone
6earches 2ncident to 8rrest: 8 NeB 6tandard Based on 8riEona ;. <ant, 99 P!. =.4. +79 0,((#: <ershoBitE, note 34 at
((4+: 4ustin
?. 7olcott, Comment, 8re 6mart"hones =iDe
4, H 4ournal o1 the ?266%5)2 B8)
.ootlocDers or Crum"led 5" Cigarette $acDagesI 8""l!ing the 6earch 2ncident to 8rrest Doctrine to 6mart"hones in
6outh Carolina Courts,
'( 6.C. =. )e;. *43, *'4 0,(,#: ?arD =. ?a!aDis, Comment, Cell $hone \ 8 N7ea"onO o1 ?ass Discretion, 33
Cam"Aell =. )e;. (+(, ('7>('* 0,(,#: 6mallBood ;. 6tate, '( 6o.3d 44*, 4'0 .la. Dist. Ct. 8"". 0,((#: 5nited 6tates
;. ?c<hee, No. *:,9C)3(, 0,,9 7= 0404(,4 D. NeA. 4ul! 0(, 0,,9#.
4, 4+3 5.6. 4+4 (9*(#.
4( (09 6. Ct. (7(, 0,,9#.
40 <ant, (09 6. Ct. at (70,.
43 6ee generall! Pnott, note 04 at 4'(>4*,.
44 6ee notes ++ to ', and accom"an!ing te/t.
4+ 5nited 6tates ;. Cole, No. (:,9>C)>4(0%DE>)<V, 0,(, 7= 30((,07 N.D. <a. ?a! (0, 0,(,#: 5nited 6tates ;.
4ames, No. (:,'C)(34 CD$, 0,,* 7= (90+,30 E.D. ?o. 8"r. 09, 0,,*#: $eo"le ;. Nottoli, (3, Cal. )"tr. 3d **4 Cal.
Ct. 8"". 0,((#: 3aBDins ;. 6tate, 7,4 6.E.0d **' <a. Ct. 8"". 0,(,#.
4' 5nited 6tates ;. .lores, (00 ..6u"".0d 49( 6.D. N.9. 0,,,# in;entor! o1 cell "hone contents im"ro"er#.
47 5nited 6tates ;. Cha""ell, No. ,9>(39, 0,(, 7= ((3(474 at n. (0 D. ?inn. 4an. (0, 0,(,#: 5nited 6tates ;. .aller,
'*( ..6u"".0d (,0* E.D. ?o. 0,(,#: 5nited 6tates ;. 6antillan, +7( .. 6u"".0d (,93 D. 8riE. 0,,*#: 5nited 6tates ;.
?orales>%rtiE, 37' ..6u"".0d ((3( D. N.?. 0,,4#.
4* 5nited 6tates ;. <omeE, No. ((>0,3,4C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((# "lain ;ieB a""lies to
numAer on caller 2D o1 ringing "hone#: 5nited 6tates ;. Da;is, 7*7 ..6u"".0d (('+ D. %r. 0,((# "lain ;ieB does not
Custi1! searching contents o1 cell "hone#.
49 5nited 6tates ;. Coates, '*+ ..6u"".0d ++( ?.D. $a. 0,(,# consent ;alid#: 5nited 6tates ;. Za;ala, +4( ..3d +'0
+th Cir. 0,,*# consent in;alid#.
+, 6ee 5nited 6tates ;. .uentes, 3'* ..8""M/ 9+ ((th Cir. 0,(,# inter"reting <ant to "ermit the search o1 a ;ehicle and
cell "hones incident to a drug>related arrest#.
+( 5nited 6tates ;. <omeE, No. ((>0,3,4C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((#.
+0 5nited 6tates ;. ?c<hee, No. *:,9C)3(, 0,,9 7= 0404(,4 D. NeA. 4ul! 0(, 0,,9#.
+3 $eo"le ;. Nottoli, (3, Cal. )"tr. 3d **4, 9,' Cal. Ct. 8"". 0,((#.
+4 5nited 6tates ;. @uintana, +94 ..6u"".0d (09(, (3,, ?.D. .la. 0,,9#.
++ 5nited 6tates ;. 6antillan, +7( .. 6u"".0d (,93 D. 8riE. 0,,*#: 5nited 6tates ;. =ottie, No. 3:,7>cr>+(>86, 0,,7 7=
4700439 N.D. 2nd. %ct. (0, 0,,7#. But see 5nited 6tates ;. 7all, No. ,*>',,('>C), 0,,* 7= +3*(4(0
- 71/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6.D. .la. Dec. 00, 0,,*#. +' 5nited 6tates ;. <omeE, No. ((>0,3,4C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((#:
6tate ;. Carroll, 77* N.7.0d ( 7is. 0,(,#.
+7 6n!der, note 07 at ('4. But see Zamani, note 09 at (9'>(97 arguing that a DnoBledgeaAle "olice o11icer could "ut the
smart"hone in a mode that Bould not alloB it to Ae Bi"ed and still ha;e time to a""l! 1or a search Barrant#.
+* 6ee 5nited 6tates ;. 6antillan, +7( .. 6u"". 0d (,93, ((,( D. 8riE. 0,,*#: 5nited 6tates ;. $arada, 0*9 ..6u"".0d
(09(, (3,3>,4
D. Pan. 0,,3#: 6tate ;. Carroll, 77* N.7.0d ( 7is. 0,(,#: 6n!der, note 07 at (74>(*,.
+9 5nited 6tates ;. 6algado, No. (:,9>C)4+4>C8$>EC6>+, 0,(, 7= 3,'044, N.D. <a. 4une (0, 0,(,#: 5nited 6tates
;. ValdeE, No. ,'>C)>33', 0,,* 7= 3',+4* E.D. 7is. .eA. *, 0,,*#.
', ?arD 6utton, .arada! Bags 3el" 6ecure 6eiEed ?oAile De;ices, 2-$.net 8ug. 0', 0,((#, htt":HHBBB.it".netH+*+940>
1arada!Aags>hel">secure>seiEed>moAile>de;ices
'( Cit! o1 %ntario, Cal. ;. @uon, (3, 6. Ct. 0'(9, 0'09 0,(,# N-he Cudiciar! risDs error A! elaAorating too 1ull! on the
.ourth 8mendment im"lications o1 emerging technolog! Ae1ore its role in societ! has Aecome clear.O#.
'0 6ee ?arCorie 8. 6hields, Validit! o1 6earch o1 7ireless Communication De;ices, '0 8.=.).'th ('( 0,((#.
Being 6mart 7ith 9our 6mart"hone, $olice 6earch Edition
8)E 6?8)-$3%NE6 =2PE .%%-=%CPE)6 %) C)5?$=ED 5$ C2<8)E--E $8CP8<E6I 8$$=92N< -3E
6E8)C3 2NC2DEN- -% 8))E6- D%C-)2NE -% 6?8)-$3%NE6 2N 6%5-3 C8)%=2N8 C%5)-6. 7olcott,
4ustin ?. HH 6outh Carolina =aB )e;ieB:6ummer0,(,, Vol. '( 2ssue 4, "*43
-he article discusses the a""lication o1 the incident to arrest doctrine in 6outh Carolina courts. 2t discusses the
de;elo"ment o1 the .ourth 8mendment Bhich "rotects citiEens 1rom Barrantees searches and seiEures and the search
incidence to arrest doctrine. -he origins o1 container searches and...
.. 6tolenH7rong1ul $ossession o1 De;ice
-he 6u"reme Court o1 6outh DaDota held that a de1endant did not ha;e a reasonaAle e/"ectation o1 "ri;ac! in a cell
"hone Bhere he had not recei;ed "ermission 1rom the oBners o1 the "hone to use it, and he le1t it in his Aedroom a1ter the
oBners o1 the residence ordered him to lea;e and Bas 1orciAl! remo;ed tBice A! "olice. 6tate ;. -hunder, 777 N.7.0d
373 6.D. 0,(,#. -he "hone Aelonged to a 1amil! also li;ing at the residence. 2d. at 37'. -hunder started to use it as an
alarm, Aut it also had ca"acit! to hold "ictures. 2d. 81ter -hunder Bas remo;ed A! "olice, the 1amil! 1ound the "hone and
realiEed it had "ictures and ;ideo o1 -hunder molesting their daughters. 2d. -he Court reasoned that e;en though -hunder
ma! ha;e had a suACecti;e e/"ectation o1 "ri;ac! in the "honeMs contents, his Brong1ul "ossession o1 the "hone did not
su""ort an e/"ectation o1 "ri;ac! societ! Bould recogniEe as reasonaAle. 2d. at 379. -his case articulates the liDelihood
that Barrantless searches o1 stolen cell "hones, or Bhere de1endants are otherBise in Brong1ul "ossession o1 the de;ices,
Bill Ae u"held as ;alid.
3 . $lain VieB
$racticall! s"eaDing, this e/ce"tion is liDel! limited Aecause most "ictures, ;ideos, te/t messages, and other data are not
dis"la!ed on the 1ront dis"la!, i1 the cell "hone e;en has one. 6ome courts ha;e 1ound circumstances Bhere this
e/ce"tion a""lied. 2n 6tate ; Carroll, an o11icer saB a "icture o1 the de1endant smoDing mariCuana on the dis"la! screen
o1 a 1li">st!le cell "hone that he Bas ordered to dro" a1ter e/iting a ;ehicle 1olloBing a high>s"eed chase. 77* N.7.0d (
7is. 0,(,#. Because the "icture Bas in "lain ;ieB, the o11icer Bas in legal "ossession o1 the "hone and laB1ull! in a
"osition to ;ieB the screen, there Bas no initial .ourth 8mendment ;iolation, and the o11icer Bas aAle to detain the
"hone. 2d. at 9>(,. 3oBe;er, 1urther ;ieBing o1 the image galler! or other data o1 the "hone Bas 1ound to ;iolate the
.ourth 8mendment aAsent shoBing an e/igenc!, such as imminent destruction o1 e;idence Ae1ore a Barrant could Ae
oAtained. 2d. at (0. -he o11icer Bas alloBed to ansBer an incoming call since A! not doing so, e;idence o1 drug
tra11icDing could not Ae "reser;ed, and there Bas a reasonaAle Aelie1 that e;idence Bould Ae lost. 2d. -his case also
illustrates the continual Aattle AetBeen Bhether e;idence stored on cell "hones Bill Ae "reser;ed in the time it taDes to get
a Barrant, or Bhether its d!namic nature Custi1ies more immediate intrusion.
C%NC=562%N: DE8=2N< 72-3 -EC3N%=%<2C8= C38N<E6 8ND -3E E?E)<2N< 6-8-E %. -3E =87
-his area o1 the laB Bill remain unsettled 1or some time. 3oBe;er, the Court has Aeen reluctant to address similar issues
so 1ar, under the idea that the NCudiciar! risDs error A! elaAorating too 1ull! on the .ourth 8mendment im"lications o1
emerging technolog! Ae1ore its role in societ! has Aecome clear.O Cit! o1 %ntario
;. @uon, (3, 6.Ct. 0'(9, 0'0+ 0,(,#.
- 72/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.or o11icers dealing Bith these issues in the 1ield, the! Bill liDel! Ae in the Aest "osition i1 the! sticD to the 1oundations
Aehind the e/ce"tions to the .ourth 8mendment. -he courts a""ear more liDel! to 1ind a search reasonaAle or Bithin an
e/ce"tion Bhen 1acts can Ae articulated leading o11icers to reasonaAl! Aelie;e that e;idence Bill Ae lost or destro!ed
Bithout immediate action. 6ee in1ra at section 222.
.or noB, circuit and loBer courts generall! are 1inding no reason to maDe a distinction AetBeen cell "hones and other
closed NcontainersO, as long as there is a ;alid arrest 1irst. ?an! courts are sa!ing neither non>tangiAle data nor quantit!
o1 in1ormation is enough to de"art 1rom other "ersonal items that 1all under the e/ce"tion. -he distinction AetBeen cell
"hones and com"uters is Aeginning to Alur, Aut courts ha;e not uni1orml! determined Bhether com"uters and la"to"s are
containers 1or .ourth 8mendment "ur"oses either. -he -enth Circuit has stated Bith regard to com"uters, Nrel!ing on
analogies to closed containers or 1ile caAinets ma! lead courts to Yo;ersim"li1! a com"le/ area o1 .ourth 8mendment
doctrines and ignore the realities o1 massi;e modern com"uter storage.MO 5nited 6tates ;. Care!, (70 ..3d (0'*, (07+
(,th Cir. (999# quoting )a"hael 7inicD, 6earches and 6eiEures o1 Com"uters and Com"uter Data, * 38)V. 4.=. W
-EC3, 7+, (,4 (994##. -he case has Aeen narroBl! construed to mean o11icers conducting searches ma! not conduct a
sBee"ing, com"rehensi;e search, Aut that the search must Ae limited to its original Custi1ication. 5nited 6tates ;.
<rimmett, 439 ..3d (0'3, (0'*>(0'9 (,th Cir. 0,,'#. %ther courts ha;e analogiEed com"uters to containers, noting that
the 6u"reme Court has not draBn lines AetBeen containers o1 in1ormation and contraAand related to the qualit! or nature
to determine a""ro"riate .ourth 8mendment "rotection. 5nited 6tates ;. 8rnold, +03 ..3d 94(, 947 9th Cir. 0,,*#.
%ne "otential limit that ma! Ae im"osed, and is im"lied in re;ieB o1 some case laB, suggests that less intrusi;e searches
Bill more liDel! Ae 1ound reasonaAle or Bithin an e/ce"tion. 6earches ha;e Aeen less intrusi;e Bhen the! are limited to
call logs and contacts since these could Ae oAtained on a "iece o1 "a"er in a Ballet, or A! getting "hone records 1rom the
"ro;ider. ?ore intrusi;e searches, liDe te/t messages, start re;ealing more o1 the communication itsel1, and ;ar! a little
more in their acce"tance. E;en greater intrusion has Aeen 1ound Bhen the search requires more le;els, such as o"ening
the "ictures, then a 1older, then a "icture, then o"ening a di11erent 1older and ;ieBing those "ictures. -hus, o11icers ma!
Ae more liDel! to "er1orm a reasonaAle search, or 1it Bithin an e/ce"tion to the Barrant requirement, such as incident to
arrest, Bhen the search requires less Yle;elsM to 1ind and "reser;e e;idence. -he underl!ing o11ense also ma! Ae
signi1icant, since "roAaAle cause o1 drug tra11icDing a""ears to alloB more latitude in searching contactsHcall logs, te/t
messages, and ansBering incoming calls.
Based on Bide re;ieB o1 rele;ant case laB, o11icers are liDel! Custi1ied in searching "hones Bithout a Barrant Bhen an
e/ce"tion e/ists, under the same circumstances the! Bould search other containers, liDe Ballets and "urses. 7hen
"reser;ation o1 e;idence 1rom imminent destruction e/ists, an ongoing emergenc! is "resent, or another e/igenc! e/ists
and the o11icer can articulate 1actual reasons Bh! in1ormation must Ae oAtained sooner than Baiting 1or a Barrant Bould
alloB, the search Bill liDel! Ae ;alid. Because the laB is unsettled, o11icers are unliDel! to Ae suACected to ci;il rights
liaAilit! 1or mistaDenl! thinDing a ;alid e/ce"tion e/isted and searching a "hone, assuming there are actual reasons to
su""ort the o11icerMs decision. =iDe other conte/ts, mere hunches are still not enough to search a "hone, nor should a cell
"hone Ae searched Bithout a Barrant as a Aasis 1or "roAaAle cause to su""ort the underl!ing arrest.
state ; conners 994 ".0d 44 NV case "lain 1eel mal"ractice liaAilit!
Duralde admitted the i$hone has a locD on it: ..3d 977 7th Cir. (99'# %P to "ush Autton on
"ager 1ound on de1endant at time o1 arrest re;ealing numeric messages.
6ome courts alloB a 62-8 o1 a locDed area or container, 5.6. ;. <onEales, 7(
..3d *(9 ((th Cir.(99'# and Clemons ;. 5.6., 70 ..3d (0* 4th Cir. (99+#. 3oBe;er, i1
the arrestee is handcu11ed and in "olice custod! and has no chance o1 unlocDing and
o"ening the container, it seems that searches o1 locDed containers require a search
Barrant or other e/ce"tion.such as in;entor! search or consent#.
Can the "olice, during a 62-8, e;en one Aased u"on Ca!BalDing, looD through an entire la"to" or
data card 1rom a smart"honeI Can the! co"! the dataI 7hat aAout Bhen 4udge Nash 3olmes has an
attorne! arrested 1or GinsolenceG or GAoisterousnessGI Can she or the )?C ha;e the data on a
smart"hone or data card erasedI Erased a1ter co"!ing it 1or themsel;esI
G*H3,H(0
- 73/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Eachcoughlin]hotmail.com
-o: Cleslie]Bashoecount!.us, Cgoodnight]Bashoecount!.us, CAosler]Bashoecount!.us
.rom:
Zach Coughlin Eachcoughlin]hotmail.com#
6ent:
-hu *H3,H(0 3:(7 $?
-o:
Cleslie]Bashoecount!.us: Cgoodnight]Bashoecount!.us: CAosler]Bashoecount!.us
1ourth amendment ;iolation 1or continuing to 1eel unidenti1ied oACect a1ter ruling "ossiAilit! that it could Ae a
Bea"on..."lain 1eel...ne;ada cases...do !ou DnoB Bhether !ou gu!s cited thisI is a 1ailure to "er se
negligenceHmal"racticeHe;idence o1 Bill1ull! attem"ting to tor"edo m! caseIG
Best @uestions:
i1 as Duralde testi1ied at ((:,( am on 9H+H(0 he Bas dis"atched to the scene on the re"ort o1 a 1ight, then Bh! Bould the
1irst thing he recalls sa!ing u"on arri;ing me that G=ooD, i1 !ou ha;e someoneFs "hone Be can "roAaAl! Cust resol;e o1
this A! !ou gi;ing it AacDG. Could it Ae that DuraldeFs Bi1e, dis"atcher 4essica Duralde rela!ed to the o11icerFs the content
o1 the call 1rom <oAle Bhere <oAle admits to ha;ing le1t his "hone on the concrete in the sDate "laEa unattendedI
2s that a t!"ical res"onse Bhen arri;ing to the scene o1 a ;iolent altercation in;ol;ing stolen "ro"ert!I
goAle testi1ied he go the i"hone 3< AacD Bhen the! 1irst came out, Bhich Bas more than G0 !earsG Ae1ore the 8ugust
0,(( arrest. .urther, <oAleFs testimon! and statements Bere inconsistent regarding hoB he came to oBn the "hone he
Aought it, or, Bas it that his Arother did, as a gi1tI ?a!Ae those are the Gminute detailsGH1orest 1rom the treesHnoAod! here
is out to get !ou>t!"e things 4udge 61erraEEa mentioned to Coughlin. 3oBe;er, a 6C) ((('# con;iction a second one,
regardless o1 hoB thoroughl! Coughlin e;isceratedHde1enestratedJ de1ener;iscerated the adequac! o1 the due "rocess
accorded in the G)eno 8ttorne! 6us"ended 1or 6ho"li1ting Cand! Bar .rom 7al>?artG national 8ssociated $ress stor!
1olloBing CoughlinFs con;iction A! )?C 4udge Penneth 3oBard in )?C (( C) 00(7' 02 on No;emAer 3,th, 0,((.
Coughlin denied Brite to testi1! in his oBn de1ense, Court denied continuance Bhere Coughlin release 1rom Cail and
)ichard <. 3ill a""l!ing an unlaB1ul rent distraint u"on e/cul"ator! materials as Bell as CoughlinFs clientFs 1iles,
etc...and the )4C 1ailed to com"l! Bith N)6 4,.0+37#>*# res"ecting setting the 3earing on CoughlinFs No;emAer ('th,
0,(( ?otion to Contest $ersonal $ro"ert! =ien GBithin (, da!sG, much less ha;e it Gser;ed A! the 6heri11G#, and Bhere
the )?C and con1licted a""ointed De1ender =eBis -aitel agreed to and granted a continuance ot the Cit! 8ttorne!
during this same time "eriod in the criminal tres"ass case against Coughlin Aecause )ichard <. 3ill needed to taDe a si/
BeeD ;acation so, i1 3ill needs it, the )?C Bill continue a criminal tres"ass trial si/ BeeDs and the )4C Bill 1ail to
aAide the statute requiring a 3earing on a tenantFs ?otion to Contest $ersonal $ro"ert! =ien GBithin (, da!sG, Bhereas i1
Coughlin needs a continuance, 1orget it. 4udge 3oBard indicated in the cand! Aar larcen! trial that he did not agree Bith
CoughlinFs ;ieB that Gthis is a com"le/ caseG. No Bord on Bhether 4udge 3oBard still maintains that "osition. Ne;er
mind the 1act that )eno Cit! 8ttorne! $am )oAerts committed "ro1essional misconduct in "utting on testimon! that
CoughlinFs 1ailure to "ro;ide his dri;erFs license to )eno 6"arDs 2ndian Colon! %11icer Pameron CraB1ord Custi1ied a
custodial arrest, 1or, !ou guessed it, a misdemeanor, a1ter 7 "m, not committed in the o11icerFs "resence, Bhere a citiEenFs
arrest Bas not immediatel! e11ected des"ite "rosecutor )oAerts "ossessing a ;ideo and documentation clearl! shoBing
Coughlin "ro;iding the o11icer his dri;erFs license>Bhich is similar to Cit! 8ttorne! 3aElett>6te;ens, in the criminal
tres"ass con;iction in (( C) 0'4,' "utting testimon! A! )ichard <. 3ill that the )$D identi1ied themsel;es and ga;e
Coughlin a Barning to lea;e Ae1ore e11ecting a custodial arrest 1or criminal tres"ass Bhere the ;ideoFs 3ill himsel1, along
Bith the ;ideota"ed inter;ieB o1 )$D 6argent =o"eE clearl! shoB that to Ae 1alse, es"eciall! Bhere curiousl! seemed to
ha;e a ;ideo ta"e o1 e;er! moment o1 that situation e/ce"t the most "ertinent moments he testi1ied to at length....Dind o1
liDe 3ill calling the co"s on Coughlin 1or e;er!thing Aut his allegedly 1inding a GcracD "i"e and Aag o1 BeedG and Glarge
quantit! o1 "illsG though 3ill curiousl! ne;er mentioned such items again, and, a""arentl!, 1ailed to document their
e/istence in an! Ba! other than to sign a sBorn a11ida;it attesting to seeing them, sa;e the Ao/ o1 ;itamins that 3ill and
stead! contractor $hil 6teBart ;ideota"ed and Bhich clearl! demonstrate the! are ;itamins, not G"illsG in the lurid sense
3ill is oA;iousl! going 1or# in CoughlinFs 1ormer laB o11ice, or the one aAout hoB GCoughlin climAed u" on the
contractorFs dum" trucD and inter1ered Bith their BorDG, an assertion Bhich 4udge .lanagan 1ound so unsu""orted u"on
Coughlin destro!ing 3illFs contractor $hil 6teBart on cross>e/amination, "aCamas or not, at the ?arch 03rd, 0,(0 %rder
to 6hoB Cause 3earing occurring Cust da!s a1ter Coughlin Bas e;icted at gun"oint, as is the 7C6%Fs Bont, on ?arch
- 74/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(+th, 0,(0 A $arD -errace -oBnhomes 3%8, des"ite the unauthoriEed "ractice o1 laB A! 7estern Ne;ada ?anagement,
and testimon! that the $--3%8 ga;e e/"licit "ermission to 7N?Fs )oA!n Batalado to enter a lease in;ol;ing a
Aartering 1or ser;ices Bith the indi;iduals Bhom Coughlin entered a rental agreement Bith, and des"ite 7N? 1iling a
Non>$a!ment E;iction Notice the da! o1 the 6ummar! E;iction 3earing that con;enientl! enaAle it to a;oid the
"roAlems it Bould ha;e 1ace under such an arrangement in light o1 <laEier ;. 4ustice CourtFs ruling on e;icting those
suACect to such unique rental agreements or arrangements. -he ;ideo 1rom that 2nterrogation )oom, hoBe;er, as Bell as
the dis"atch records, the 8rrest )e"ort, and CoughlinFs 7CDC GAooDing in;entor! sheetG all clearl! re;eal that Coughlin
did "ro;ide his Ne;ada dri;erFs license to the o11icer, in addition to su11icient other identi1!ing in1ormation ;is a ;is the
N)6 (7(.(03 that )$D %11icer )osa mentions in the ;ideo o1 the arrest in )4C )C)0,(0>,'334(. 8dd to that the 1act
that the )?C attem"ts to unlaB1ull! en1orce "olic! on those a""ealing a criminal con;iction Bherein the )?C demands
the a""ellant utiliEe its one Gin houseG transcri"tionist, $am =ongioni, Aut also that such criminal a""ellantFs "a! a GdoBn
"a!mentG on the transcri"t Ae1ore the )?C Bill com"l! Bith those statutor! sections requiring it to transmit the transcri"t
to the District Court GBithin ten da!s o1 the 1iling o1 the Notice o1 8""ealG, Bhere, 4udge Elliot ruled thusl!: G?ost
im"ortantl!, 8""ellant has 1ailed to "ro;ide this Court Bith a co"! o1 the transcri"t o1 rele;ant "roceedings in the )eno
?unici"al Court... 2t is Borth noting that, "ursuant to N)6 4.4(,0#, GRtShe 1ees 1or transcri"ts and co"ies Ro1 munici"al
court "roceedingsS must Ae "aid A! the "art! ordering them. 2n a civil case the "re"aration o1 the transcri"t need not
commence until the 1ees ha;e Aeen de"osited Bith the de"ut! clerD o1 the court.G Accordingly, N)6 (*9.,3,, Bhich
requires the munici"al court to transmit ;arious "a"ers to the district court u"on a""eal, does not require action until such
1ees ha;e Aeen "aid. 3ere, it a""ears that 8""ellant ne;er "aid the requisite 1ees to secure the transcri"tion o1 the
"roceedings. .or this reason, the a""ellate record is incom"lete.G -he 1oregoing ruling A! 4udge Elliot Cust is not
su""ortaAle. 2ts liDe sa!ing Gthe 6i/th 8mendment does not require the a""ointment o1 counsel in a civil case there1ore,
the criminal de1endant 1acing e;en more than Cust the mere "ossiAilit! o1 Cail time in this criminal case has no 6i/th
8mendment )ight to Counsel....G 3a;ing attorne! CoughlinFs career and li1e com"letel! u"ended o;er a cand! Aar Bhen
the )?C is AraEenl! 1louting the aAo;e statutor! dictates, at the e/"ense o1 indigent criminal de1endantFs right to a
legitimate re;ieB o1 their con;ictions is more than Cust a little, ahem....
2n )4C )C)0,(0>,'334(, 4udge 61erraEEa, in "art, Aased his decision to den! Coughlin the right to re"resent
himsel1 e;en Bhere Coughlin testi1ied that he had 1iled a Bar Com"laint his or grie;ance against his "uAlic de1ender
da!s Ae1ore, and Bhere 4udge 61erraEEa inad;ertentl! admitted he Aelie;ed the 30 "age $re>-rial ?emorandum Coughlin
suAmitted on 8ugust 09th, 0,(( to Ae the BorD o1 Gone o1 the Aest criminal de1ense attorne!Fs a""earing Ae1ore this
Court, much less one o1 the Aest "uAlic de1endersG, and Bhere the ;er! sort o1 targeted legal "recedent Bith res"ect to
actual 1actual a""lications o1 -err!, Bea"ons checD G"at doBnsG Bith actual 1acts summariEed a1ter one culled and read
through actual cases that Bere collected a1ter genuinel! targeting certain s"eci1ic legal issues# Bas done A! onl! one o1
the attorne!Fs attached to the cases Coughlin, in the ;arious 1ilings the Court has noB stricDen 1rom the record a1ter
=eslie "retentiousl! re1used to GCoin in onG, des"ite the 1act that =eslie himsel1, Bhose BorD on this case 4udge 61erraEEa
ga;e such enthusiastic re;ieBs, has !et to 1ile a single actual "age o1 legal BorD, and Bhere =eslie con1used Bitness
GColton -em"letonG Bith GCoughlin -em"letonG, con1used the ;ideo o1 )oAert DaBson checD sBinging a sDateAoard at
CoughlinFs head Bith the ;ideo o1 main BitnessHalleged ;ictim Core! <oAle assault and Aattering Coughlin Bith a
"roCectile lit cigarett 1rom tBo 1eet aBa!, re1used to mo;e 1or a continuance u"on the 1ailure o1 tBo Bitness still under
suA"oena 1ailing to shoB u" 1or the 6u""ression 3earing o1 * 09 (0 -em"leton and DaBson#, misa""rhended materials
1acts related to Bhether Duralde told Coughlin not to s"eaD an!more, E-C, E-C., E-C.# 8dditionall!, 4udge 61erraEEa
"ointed to CoughlinFs "ur"orted GlacD o1 com"etenceG in criminal laB matters, citing to CoughlinFs a""arentl! titling, in
the alternati;e his $re>-rial ?emorandum as a ?otion 1or 6ummar! 4udgment and CoughlinFs lacD o1 certaint! as to the
e/tent to Bhich N)C$ a""lies to criminal matters, Bhereu"on Coughlin actuall! corrected 4udge 61erraEEa so 1ar as the
deadline to 1ile a Notice o1 8""eal 1rom a misdemeanor con;iction N)6 (*9.,3,, ten da!s 1rom rendition o1 Cudgment#,
then Coughlin e/"ounded u"on the seemingl! lacD o1 certain in the legal communit! as to N)C$Fs rele;ance to criminal
laB, Bhereas, Coughlin "ointed out the $inana decision seems to maDe clear the )ules o1 E;idence a""l!, Bhereas N)C$
do not, necessaril!, gi;en the! Bere enacted suAsequent to that decision. -he Coughlin "ointed to 4udge ElliotFs use o1
N)C$ 'a# in com"uting time in the a""eal o1 CoughlinFs criminal tres"ass con;iction, Bherein 4udge Elliot Brote:
G6hould an a""eal come outside the ten da!s granted 1or 1iling a Notice thereo1 under N)6 (*9.,3,Fs time "eriod, the
matter is untimel! and ma! Ae dismissed A! the Court. 8s a""lied to the instant case, )es"ondent reasons that Aecause
8""ellant 1iled his a""eal more than ten calendar da!s a1ter the entr! o1 Cudgment, 8""ellantFs a""eal is untimel!.
)es"ondentFs a""roach ignores Ne;ada )ule o1 Ci;il $rocedure 'a#, Bhich go;erns the com"utation o1 time. -hat rule
"ro;ides that GRBShen the "eriod o1 time "rescriAed or alloBed is less than (( da!s, intermediate 6aturda!s, 6unda!s, and
nonCudicial da!s shall Ae e/cluded in the com"utation.G N)C$ 'a#. 2n other Bords, N)6 (*9.,(,Fs ten da! rule does not
re1er to calendar da!s, Aut is calculated Aased on the "assage o1 Cudicial da!s.G .urther, CoughlinFs %""osition to that
?otion to Dismiss his a""eal in C)((>0,'4 actuall! dis"la!ed a "ro1ound gras" o1 that "articular suACect matter, del;ing
- 75/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
into nunc "ro tunc orders, orders made in aAsentia, orders altered a1ter rendition, etc, etc. Coughlin has demonstrated
com"etence to "ractice in quite a Bide cross section o1 the laB, and he certainl! Bould "re1er to re"resent himsel1 in this
and an! other criminal matter, es"eciall! gi;en the a""roach demonstrated A! the "uAlic de1enderFs o11ice here,
"articularl! Bhere "olice and "rosecutorial misconduct ma! Ae an issue. Des"ite )$D )osa maDing Bhat are essentiall!
e/tortionate threats to Aad mouth Coughlin to the GNe;ada BarG, and the "rete/tualHretaliator! and other im"ro"er
conducdt e;inced A! DuraldeFs testimon!, ;ideo e;idence, and othersBise, =eslie announced in o"en court that the )$D
Ghad not done an!thing Brong hereG.
4udge Elliot, in C)(0>,37' made Coughlin do * da!s in Cail to ensure Coughlin Bould ansBer an! and all
questions =aDeFs Crossing might Bish to asD, 32$88 and Bira! DoganFs loose li"s Ae damned, as Bell as the narroBl!
curtailed "ur"ose 1or such an e;aluation in the 1irst "lace, much less the retaliator! animus e;inced A! Dogan in seeDing
it Bhere the 7CDC re1uses to "ro;ide one their medications or a means to maDe and suAmit court 1ilings, or e;en a
reasonaAle means o1 maDing collect calls or adding mone! 1rom oneFs oBn deAit card to a calling card...# 1rom 8"ril (9th,
0,(0>coincidentall! the da! 3ill 1iled is ?otion 1or L4,,+,, in attorne!Fs 1ees 1or handling the a""eal o1 the summar!
e;iction 1rom CoughlinFs 1ormer home laB o11ice#.
-he Ne;ada 6u"reme Court has held that an GRaS""ellant has the ultimate res"onsiAilit! to "ro;ide this court Bith
F"ortions o1 the record essential to determination o1 issues raised in a""ellantFs a""ea=FG -homas ;. 6tate, (0, Ne;. 37 n.
4, *3 $.3d *(* 0,,4# citing N)8$ 3,A#3#.
9H+H(0 -rial testimon! o1 Duralde at (,:+*:37 am:
Duralde: 2nitiall!, 2 Bas dis"atched a re"ort o1 a disturAance or "ossiAle 1ight in the area o1 the "laEa at 1irst and Virginia
streets, Bhile 2 Bas dri;ing their dis"atch u"dated us to sa! that larcen! o1 a "hone had occurredG
-hat does not seem to Ae all that truth1ul a statement A! D Bith res"ect to Cust Bhat dis"atch told him originall!
and Cust Bhat the u"date Bas. %therBise, Bh! Bould D arri;e and maDe the statement to Coughlin that ((:,,:3+ am#:
Gthe 1irst thing 2 recall sa!ing to ?r. Coughlin Bas that i1 he had someoneFs "hone he could "roAaAl! gi;e the "hone AacD
and the Bhole issue could Ae settled at that timeG
DFs testiomon! at -rial on 9 + 0,(0 at ((:,(:,, am:
6: Did ?r. Coughlin res"ond to !ouI
Duralde: 9es, he asDed me i1 2 had enough in1ormation 1or a -err! 6to".
DFs testimon! at -rial 1urther re;eals the e/tent to Bhich he is molding his stor! into one Bhere teh 1acts and
elements o1 the crime charge 1it together Aetter than the! actuall! do. 2n the Declaratoin 6u""lement o1 his 8ugust 0(st,
0,(( 8rrest )e"ort and Declaration o1 $roAaAle Cause, DuraldeFs trial testimon! is contradicted: G2 1irst asDed
C%5<3=2N i1 he had the ;ictimFs "hone. C%5<3=2N stated that he had the right to not ansBer m! question.G
6o, actuall!, and this is im"ortant considering the e/tent to Bhich the 6tate constantl! har"ed on hoB Coughlin
Bas Aeing non>coo"erati;e and D testi1ied re"eatedl! aAout CoughlinFs sic# Guncoo"erationG#, Coughlin did not outright
re1use to ansBer that or an! question that night, rather, he answered the Officer's question with a question, a la the
Socratic Method of law school days of yore:
0* second marD o1 the ;ideo o1 the arrest#
Duralde: Do !ou ha;e the "honeI...2s it in !our "ocDetIG
Coughlin: 7hatI
...
Duralde: -he i$hone.
4( second#
Coughlin: DonFt 2 ha;e a right not to not ansBer an %11icer Bhen he inquires as to Bhat is in m!
"ocDetsI 5nless this is a -err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at
doBn...
Duralde: 2t is a reasonaAle cause to do one.
Coughlin: $erha"s, !ou might Ae right.
21 the su""ort 1or a "roAaAle cause 1inding 1or a 62-8, or e;en 1or a "at doBn largel! rested u"on CoughlinFs
non>com"liance, di11icult attitude, or Guncoo"erationG, it certainl! is a stretch to read as much into merel! asing Officer
- 76/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!uralde a question about one's constitutional rights" 8nd so, instead o1 Cust admitting that that is, in 1act, Bhat is done
e;er! single da! in )eno and 7ashoe Count!, DD8 9oung and %11icer Duralde com"ound their misconduct A!
attem"ting to "ut on testimon! and argument alleging that there is a coloraAle claim that Coughlin Bas Aeing su11icientl!
Gnon>com"liantG, di11icult, or shoBing Guncoo"erationG as alBa!s, at the risD o1 Ggoing to Cail 1or oAstructionG...2 mean,
the )$D is GAus!G and the! GdonFt ha;e time to sit out here and deAate the laB Bith !ouG#. CoughlinFs sa!ing G"erha"s,
!ou might Ae rightG, Bhile holding a tin! $eDingnese dog in his arms and a Aic!cle in his gri" Bhile Bearing thin non>
cargo, "lain old shorts and a thin t>shirt Bith no "ocDets, a""arentl!, according to DFs Gtraining and e/"erienceG Custi1ies a
Bea"ons checD "at doBn.
DuraldeFs * 0( 0,(0 Declaration 6u""lement reads:
G%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours on the Center 6t Bridge, at 2
contacted
de1endant Zachar! C%5<3=2N, on a report of a larceny of a cellular phone.
C%5<3=2N matched the
descri"tion rela!ed to me A! dis"atch and he Bas also pointed out by bystanders to
Ae the sus"ect in the
larcen! Bhen 2 arri;ed at that location.
2 1irst asDed C%5<3=2N i1 he had the ;ictimFs "hone. C%5<3=2N stated that he
had the right to not ansBer m! question. 8s C%5<3=2N Bas wearing baggy
clothing, Bhich can conceal a Bea"on
according to m! training and e/"erience, 2 "at searched him 1or Bea"ons and 1elt an
oACect resemAling a
cellular "hone in each o1 his 1ront shorts "ocDets.
Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that he has an 8""le 2"hone
that he had Aought a
cou"le o1 !ears ago 1or L3,,. <%B=E had set his "hone doBn on a concrete Ball in
the "laEa at
and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs 1riend,
Nathaniel
Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A! and taDen
<%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut
C%5<3=2N stated
that he did not ha;e the "hone. GOBLE then called his "hone numAer 1rom a
1riendFs celluar "hone and
saB the screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet.
<%B=E stated that the!
didnFt hear the ringer on the "hone Aecause the "hone Bas set to ;iArate onl!.
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe
<%B=EFs "hone 1rom
Bhere <%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t
1ront shorts "ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating
noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his
shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone
in C%5<3=2NFs "ocDet, that had Aeen ;iArating, sto""ed.
- 77/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the
"ro"ert! o1 another "erson
;alued aAo;e L0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther
;eri1! his oBnershi" o1
the "hone Aased on the "assBord 1or the "hone and calls that had Aeen made in the
"re;ious hours.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout
1urther incident.G
BUT, WAIT, THE RPD AND OFFICER DURALDE DECIDE TO WRITE A
NEW NARRATIVE THREE MONTHS AFTER THE ARREST, WHICH
1UST SO HAPPENS TO COINCIDE WITH THE APPEARANCE OF A
VIDEO OF THE ARREST ON YOUTUBE AND BEYOND, AND THE NEW
NARRATIVE HAS A REAL "LAWYERED UP" FEEL TO IT
%ddl!, shortl! a1ter a ;ideo o1 the * 0, 0,(0 arrest 1irst started a""earing on "o"ular ;ideo sharing BeAsite
BBB.!outuAe.com in mid>No;emAer 0,((, the )$D and %11icer Duralde a""arentl! 1elt ins"ired to 1ile an
amended Narrati;e to the 8rrest )e"ort, Bithout "rom"ting, and "roAaAl! no at all related to a as to then unDnoBn
to the )$D or Cit! o1 )eno ;ideo o1 the 8ugust 0,th, 0,(( arrest o1 Coughlin 1or the "ett! larcen! o1 the i$hone.
E;en more "eculiar, the GneB additionsG to DuraldeFs Britten account o1 the arrest Cust so ha""en to Ae the sorts o1
things a laB!er on oneFs shoulder might "rom"t an %11icer to Ae sure to document in his re"ort, Bhereas such an
im"ression is less e;inced A! a re;ieB o1 DuraldeFs original Dcclaration 6u""lement, allegedl! com"leted on
8ugust 0(, 0,(0. Com"arati;el!, the neBer Narrati;e A! Duralde seems to Aare a date o1 No;emAer 0*th, 0,((,
and is "age one o1 the dis"atch re"orts is missing 1rom Bhat the 7C$D "ro;ided to Coughlin. Curiousl!, this
sudden amending o1 his original 8rrest )e"ort and 6u""lemental Declaration A! Duralde came Cust 0 da!s Ae1ore
CoughlinFs G7al>?art "ett! larcen! o1 a cand! AarG trial in )?C (( C) 00(7'. 8t that G7al>?art "ett! larcen!
-rialG, on No;emAer 3,th, 0,((, a "articularl! hard line a""roach Bas taDen A! Aoth the )eno Cit! 8ttorne!Fs
%11ice and )?C 4udge Penneth 3oBard 1or a G1irst time accused o1 sho"li1ting a 1ood itemG indigent criminal
de1endant liDe Coughlin, Bhose "ro1essional license Bould necessaril! Ae sus"ended under 6C) ((('# gi;en an!
o11ense Bherein Gthe1tG is an element necessitates Bar Counsel 1ile a $etition 1or -em"orar! 6us"ension,
a""arentl!, no matter hoB de minimis the tha1t ma! Ae sam"ling a gra"e at the grocer! store countI#, Bhom had
Cust Aeen arrested 1or criminal tres"ass 1rom the home o11ice he Bas e;icted 1rom onl! 3, da!s "rior, and at Bhich
he Bas arrested and ser;ed 3 da!s in Cail onl! tBo BeeDs "rior to the -rial date, Bith -hanDsgi;ing holida!
inter;ening. 4udge 3oBard stress hoB terriAl! dee"l! he cared 1or the time committment the "oor 7al>?art loss
"re;ention associate, -homas .rontino, Bas Aeing made to endure, "articularl! Bhere the original No;emAer (4th,
0,(( -rial date had Aeen continued, and 4udge 3oBard later on admitted he mistaDenl! thought that continuance a
result o1 some 1ault on CoughlinFs "art, rather than Bhat trul! Bas the case, ie, that Coughlin Bas in custod!
incident to the No;ermAer (0th, 0,(( criminal tres"ass custodial arrest in (( C) 0'4,+, and the 7C6% a""arentl!
had smoe sort o1 mi/ u" in that it did, in 1act, trans"ort Coughlin to Court 1or the -rial on No;emAer (4th, 0,((,
hoBe;er, Coughlin Bas ne;er Arought into court and -rial Bas continued, Bith 4udge 3oBard re;oDing the cash
Aail o1 L4,, Coughlin had "osted on the night o1 the 6e"temAer 9th, 0,(( 7al>?art cand! Aar "ett! larcen! arrest,
and raised the Aail to L(,,,, cash onl!, Bhich 4udge 3oBard suAsequentl! undid once he disco;ered that Coughlin
had not, in 1act, 1ailed to a""ear. 3oBe;er, e;en a1ter the conclusion o1 the No;emAer 3,th, 0,(( -rial in the
cand! Aar "ett! larcen! case, 4udge 3oBard still admitted that he had "roceeded Bith the -rial under the
assum"tion that the 1irst continuance Bas somehoB due to some 1ault on CoughlinFs "art. %h Bell...7ould ha;e
Aeen nice 1or 4udge 3oBard to ha;e realiEed that before he teed o11 on Coughlin 1or si/ hours Borth o1 -rial, Bhere
4udge 3oBard De"t at least + court "ersonnel and Cit! o1 )eno ?arshals BorDing o;ertime until a""ro/imatel! 9
"m to conclude the cand! Aar "ett! larcen! trial that had, curiousl!, seem to Aecome such a matter o1 e/treme
e/igenc! and "uAlic im"ortance, though that Bas all "roAaAl! Cust Aecause 4udge 3oBard Bas a Ait mi11ed aAout
that 1irst continuance and "roAaAl! didnFt in;ol;e some communication to him A! the )$D or )eno Cit! 8ttorne!
aAout some damn ;ideo o1 a Brong1uul arrest A! Duralde a""earing on BBB.!outuAe.com. CouldnFt Ae. 8nd,
strangel!, though it Aears a G"rinted dateG o1 ((H0*H((, and mentions things one could liDel! onl! rememAer
es"eciall! 3 months a1ter the 1act# ha""ening during the arrest i1 the! Bere aided A! the use o1 a ;ideo thereo1 to
re1resh oneFs recollection, the No;emAer 0*th, 0,(( Narrati;e A! Duralde indicates, under the Ao/ 1or G6u""lment
- 78/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NoG that it is an G%)2<G, meaning an %riginal....liDe an GoriginalG Narrati;e...not a 6u""lement to the original
Declaration 6u""lement o1 8ugust 0(st, 0,(( the one that Bas actuall! 1iled in com"liance Bith the )$DFs
de"artmental "olic! o1 1iling re"orts Bithin 4* hours o1 arrest#.
NOVEMBER 28TH, 2011 "NARRATIVE" BY RPD OFFICER DURALDE,
THREE MONTHS AFTER THE AUGUST 20TH, 2011 ARREST
G((>('399 6u""lement No
%)2<
%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours 2 Bas dis"atched along Bith )eno
$D %11icer ). )%68 to the "laEa at on a re"ort o1 a larcen! o1 a cell "hone at that
location. Dis"atch rela!ed in1ormation that the ;ictim had set his "hone doBn and
that he Bas noB calling the "hone and it Bas lighting u" in the sus"ectFs "ocDet. -he
sus"ect Bas descriAed as a Bhite male adult, 3+ !ears o1 age, 'F,0G, 0(, 2As, Bearing
a red Chicago hat and a Bhite or !elloB shirt and "laid shorts. Dis"atch also rela!ed
that the sus"ect Bas still on scene. 8s 2 Bas arri;ing Be Bere ad;ised that the! Bere
noB in the area o1 E (st 6t and N Center 6t. 2 arri;ed in that area and Bas hailed A! a
grou" o1 "eo"le on the Center 6t Bridge, at 2 contacted de1endant Zachar!
C%5<3=2N, Bho 1it the descri"tion o1 the sus"ect and Bas "ointed out A! the
"eo"le in the grou". 2 told him that i1 he had someone elseFs "hone that Be might Ae
aAle to settle the issue A! him Cust gi;ing the "hone AacD. C%5<3=2N re"lied A!
sa!ing that 2 did not ha;e enough in1ormation 1or a -err! sto". 2 told C%5<3=2N
that 2 did ha;e enough in1ormation 1or a -err! sto" and asDed him again i1 he had the
"hone. C%5<3=2N then asDed me i1 he had the right to not ansBer m! question and
2 in1ormed him that he did ha;e that right. C%5<3=2N Bas Bearing Aagg! clothing
that could conceal a Bea"on according to m! training and e/"erience. 2 then asDed
C%5<3=2N to stand u" and mo;e aBa! 1rom the grou" o1 "eo"le that had Aeen
detaining him. C%5<3=2N com"lied and 2 "er1ormed a "at search 1or Bea"ons. 8s
2 checDed C%5<3=2NFs le1t 1ront shorts "ocDet, he !elled loudl! that 2 had Cust
graAAed his "enis. 2 could 1eel an oACect resemAling a "hone in the "ocDet Aut not a
"enis. 8s C%5<3=2N Bas tr!ing to maDe a scene and Bas ;er! hesitant to 1olloB
the directions that 2 Bas gi;ing him, 2 "laced him in handcu11s. %11icers 8=8P68
and )%68 Bere there Bith me at that time. C%5<3=2N then stated that he had Aeen
assaulted A! the grou" o1 "eo"le Bho Bere Bith the ;ictim. 2 asDed C%5<3=2N i1
he had an! inCuries to suAstantiate the claim and he stated that he did not. 2 then
in1ormed
)e"ort %11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 3 o1 4
C%5<3=2N that the! had legal authorit! to detain him as he had Aeen oAser;ed
taDing the "hone. C%5<3=2N continued to sa! that he Banted to "ress charges 1or
assault against the "eo"le Bho had detained him. 2 le1t C%5<3=2N Bith %11icers
8=8P68 and )%68 so that 2 could continue Bith m! in;estigation. Ne/t 2 s"oDe to
the ;ictim, Cor! <%B=E Bho stated that he has an 8""le K"hone that he had Aought
a cou"le o1 !ears ago 1or L3,,. <%B=E had set his "hone doBn on a concrete Ball
in the "laEa at and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs
1riend, Nathaniel Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A!
and taDen <%B=EFs "hone. <%B=E stated that the! con1ronted C%5<3=2N, asDed
him 1or the "hone AacD, Aut C%5<3=2N stated that he did not ha;e the "hone.
<%B=E then called his "hone numAer 1rom a 1riendFs cellular "hone and saB the
screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet. <%B=E stated
that the! didnFt hear the ringer on the "hone Aecause the "hone Bas set to ;iArate
onl!. 2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N
taDe <%B=EFs "hone 1rom Bhere <%B=E had set it doBn, and then oAser;ed
C%5<3=2N "ut it in his le1t 1ront shorts "ocDet. 2 oAtained <%B=EFs cellular "hone
numAer and called the numAer 1rom another "hone. 2 heard a ;iArating noise coming
- 79/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts Bhere 2
had "re;iousl! 1elt the "hone 2 could 1eel the "hone ;iArating. 2 then sto""ed calling
<%B=EFs "hone 1rom the se"arate "hone and the "hone in C%5<3 =2NFs "ocDet
sto""ed ;iArating. 2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he
had taDen the "ro"ert! o1 another "erson ;alued aAo;e L0+,. 2 retrie;ed the "hone
1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther ;eri1! his oBnershi" o1
the "hone Aased on the "assBord 1or the "hone and calls that had Aeen made in the
"re;ious hours. <%B=E and Z8)8-E Aoth com"leted Britten statements that are
included Bith the case "a"erBorD. 2 also "hoto released the "hone AacD to <%B=E
a1ter com"leting an E;idence $hoto )elease Certi1icate. -he "hotos o1 the "hone
Bere AooDed into the ;eri"ic s!stem "er "rocedure. C%5<3=2NFs dog, that had Aeen
Bith him during the incident Bas taDen to the 7ashoe Count! 8nimal 6helter A!
%11icer 8=8P68, as C%5<3=2N could not contact an!one to "icD u" the dog or
care 1or it. C%5<3=2NFs AiDe Bas taDen to the )eno $D main station and AooDed
into e;idence 1or sa1eDee"ing. C%5<3=2N Bas then trans"orted to the 7ashoe
Count! 4ail and AooDed Bithout 1urther incident.
)e"ort o11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 4 o1 4G
-hat aAo;e No;emAer 0*th, 0,(( Narrati;e A! )$D %11icer Duralde di11ers 1rom his
original 6u""lemental Declaration, 1iled hours a1ter the arrest on 8ugust 0,th, 0,((.
%11icer Duralde and DD8 9oung attem"ted to mislead the court at -rial on 8ugust
09th and 6e"temAer +th, 0,(0 A! 1ailing to disclose the GneBerG Narrati;e o1
No;emAer 0*th, 0,((, Bhile testi1!ing to matters and re1erring to the G8rrest
)e"ortG as though this u"dated Narrati;e o1 No;emAer 0*th, 0,(( Bas Bhat Duralde
original 1iled on 8ugust 0(st, 0,((. 8t -rial Duralde testi1ied as to Gde"artmental
"olic!G requiring such re"orts Ae 1iled Bithin 4* hours 1rom arrest, then "roceeded to
testi1! Bith re1erence to his Gre"ortG, including materials onl! mentioned in his
No;emAer 0*th, 0,(( Narrati;e, gi;ing the im"ression to the court that Duralde Bas
re1erring to his timel! 1iled 6u""lemental Declaration o1 8ugust 0(st, 0,((. .or
re1erence, 1ound AeloB is DuraldeFs 8ugust 0(st, 0,(( 6u""lemental Declaration
attached to his 8rrest )e"ort and Declaration o1 $roAaAle Cause#, 1olloBed A! an
account o1 the material di11erences AetBeen the tBo and an e/"lication o1 hoB and
Bh! these material di11erences, indicate a Bill1ul attem"t A! the )$D, )eno Cit!
8ttorne!, DD8 9oung, and the 7CD8 %11ice to suA;ert Custice and conceal "olice
and "rosecutorial misconduct and retaliation incident ot the arrest and "rosecution o1
this case and the associated criminal cases against Coughlin in )?C (( -) 0'*,,,
)?C (( C) 0'4,+, )?C (0 C) (040,, the )?C Ca!BalDing arrest cases ((
C) IIIII. 8lso, in the Gdisco;er!G "roduced A! DD8 9oung and the )$D,
DuraldeFs 8ugust 0(st, 0,(( Declaration 6u""lment starts on G$age: 0 o1 0G, !et
there is no G$age: ( o1 (G "ro;ided. %h sure, the 8rrest )e"ort and Declaration o1
$roAaAle Cause Bas "ositioned to looD liDe it Bas the 1irst "age, ie, G"age (G,
hoBe;er, there is not indication that tht "age is G$age: ( o1 0G. Coughlin demands to
Ae "ro;ide the missing G$age: ( o1 0G o1 the 8ugust 0(st, 0,(( Declaration
6u""lement, and an! other materials at all connected Bith this case, an!
in;estigation or case in;ol;ing Coughlin, and an! internal memorandum o1 the Cit!
8ttorne!, 7CD8, )$D, 7C6%, 7C$D, 6BN, etc..
DuraldeFs 8ugust 0(st, 0,(( GDeclaration 6u""lementG reads:
GDEC=8)8-2%N 65$$=E?EN-
$age: 0 %. 0 C86E^ ((>('399
%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours on the Center 6t Bridge, at 2
contacted
- 80/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
de1endant Zachar! C%5<3=2N, on a re"ort o1 a larcen! o1 a cellular "hone.
C%5<3=2N matched the
descri"tion rela!ed to me A! dis"atch and he Bas also "ointed out A! A!standers to
Ae the sus"ect in the
larcen! Bhen 2 arri;ed at that location.
2 1irst asDed C%5<3=2N i1 he had the ;ictimFs "hone. C%5<3=2N stated that he
had the right to not
ansBer m! question. 8s C%5<3=2N Bas Bearing Aagg! clothing, Bhich can
conceal a Bea"on
according to m! training and e/"erience, 2 "at searched him 1or Bea"ons and 1elt an
oACect resemAling a
cellular "hone in each o1 his 1ront shorts "ocDets.
Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that he has an 8""le 2"hone
that he had Aought a
cou"le o1 !ears ago 1or L3,,. <%B=E had set his "hone doBn on a concrete Ball in
the "laEa at
and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs 1riend,
Nathaniel
Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A! and taDen
<%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut
C%5<3=2N stated
that he did not ha;e the "hone. <%B=E then called his "hone numAer 1rom a 1riendFs
celluar "hone and
saB the screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet.
<%B=E stated that the!
didnFt hear the ringer on the "hone Aecause the "hone Bas set to ;iArate onl!.
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe
<%B=EFs "hone 1rom
Bhere <%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t
1ront shorts "ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating
noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his
shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone
in C%5<3=2NFs "ocDet, that had Aeen ;iArating, sto""ed.
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the
"ro"ert! o1 another "erson
;alued aAo;e L0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther
;eri1! his oBnershi" o1
the "hone Aased on the "assBord 1or the "hone and calls that had Aeen made in the
"re;ious hours.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout
1urther incident.
73E)E.%)E, Declarant requests that a 1inding Ae made A! a magistrate that
"roAaAle cause e/ists to hold said "erson 1or
"reliminar! hearing i1 charge is a 1elon! or gross misdemeanor# or 1or a trial i1
charge is a misdemeanor#.
)EV2E7ED .%) $)%B8B=E C856E $C#. DEC=8)8N-
$C .%5ND $C N%- .%5ND
2 . D. ^ H,+D,>>H
D8-E: ,?8<26-)8-E $8<E %.
DE.END8N- %)DE)ED )E=E86ED, D8-E: ,?8<26-)8-EG
- 81/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8lso, it is im"ortant to note that A! 1iling an %""osition to ?otion to 8""ear as Co>counsel on .eAruar! 07th,
0,(0, at 0:++ $?, 7E== %VE) and hour and tBent! minutes a1ter DD8 9oung met in a clandestine status con1erence
Bith Birar! Dogan and, allegedl!, 4udge 6hroeder, 4udge Cli1ton, )?C 4udge Nash 3olmes, "erha"s some other
"ersonnel 1rom the )?C, etc. and a1ter 4udge Cli1ton signed the %rder 1or Com"etenc! E;aluation and it Bas 1iled at
(:3( "m, .eAruar! 07th, 0,(0, DD8 9oung still Bent ahead and 1iled his %""osition at 0:++ "m on the same date, in
contra;ention o1 Ne;ada laB under N)6 requiring 8== "roceedings in a court Bhere an %rder 1or Com"etenc!
E;aluation Ae sus"ended, and nothing 1urther 1iled. <i;en that 1iling should noB Ae stricDen, DD8 9oung e11ecti;el!
1ailed to o""oses the ?otion to 8""oint Co>Counsel, and $olD dictates that CoughlinFs motion Ae granted in lgiht o1 that.
.urther, at the time, Coughlin Bas a licensed attorne! Bho 1iled a Notice o1 8""earance and 6ustitution o1 counsel on
.eAruar! (4th, 0,(0, Bith his clientFs 1ull "ermission, as such, it Bas not u" to the Court to GalloBG Coughlin to do so,
and that Bas done in ad;ance o1 an! %rder .or Com"etenc! e;aluation and at a time Bhere no such order Bas in e11ect or
an! other com"etenc! issues raised. DD8 9oung, in light o1 his man! transgressions in this case, one Bould ha;e to
sus"ect, Bould 1ull! understand and agree Bith an %rder sus"ending his license to "ractice laB 1or at least a !ear and
Aeing ordered to "a! Coughlin at least L+,,,,,, "ersonall!, in damages 1or DD8 9oungFs "ro1essional misconduct.
3oB 1itting and ironic that the 1olloBing decision Aares DD8 9oungFs name: 5nder Ninherent "oBer doctrine,O courts
ha;e Curisdiction to im"ose sanctions on attorne!s, e;en in criminal cases. 6u".Ct.)ules, )ules 39, 99, suAd. 0. 9oung ;.
Ninth 4udicial Dist. Court, 2n and .or Count! o1 Douglas, (99(, *(* $.0d *44, (,7 Ne;. '40, rehearing denied.
8nd DD8 9oung should sto" Aasing his decisions on Bhether to seeD to hold someone in custod! on im"ro"er
rationale DD8 9oungFs email to Dogan in the CourtFs 1ile in )C)0,(0>,'+'3, indicates he Bants Gto see hoB his
attitude isG Ae1ore maDing such a decision DD8 9oung Brote this in an email, on 1ile Bith the )4C, sent during
CoughlinFs * da! incarceration incident to a contem"t %rder in C)(0>,3'7, the com"anion case to )C)0,(0>,'+'3,
Aeing trans1erred to the District Court 1or a com"etenc! e;aluation#. 8gain, on 6e"temAer +th, 0,(0, DD8 9oung Bas
u" to his old tricDs, Bhereu"on, a1ter 4udge 61erraEEa rendered the third %rder 1or Com"etenc! E;aluation o1 Coughlin,
DD8 9oung tried to squeeEe in an im"ermissiAle ?otion to ha;e Coughlin )eturned to Custod!, 1or not a""arent reason
other than to ego tri" and seeD to insure that DD8 9oung can continue going through li1e in a conseq
uence 1ree en;ironment liDe a gu! Aorn on third Aase Bho "ats himsel1 on the AacD all the time 1or hitting a home run
e;er! time he gets a con;iction. 2t is much tougher 1or DD8 9oung to "rosecute against those Bho are not Aeing
ensla;ed A! the 7CDC and denied in their attem"ts to access Custice. 4udge 61erraEEa Bas ;isiAl! startled at the
egregious lacD o1 Cudgment and inci;ilit! inherent to DD8 9oung maDing such an im"ro"er ?otion, and it is high time
that DD8 9oung actuall! ha;e some sDin in the game and ha;e some time to thinD aAout his actions Bhile reading a
4udith PrantE no;el or tBo Bhile on locDdoBn, under administrati;e segregation, and Dee"ing to a 0,,,, calories "er da!
diet, strictl! en1orced. 8nd ma!Ae Duralde, Zarate, )osa, <oAle, =icth!, and 5.C <u! could com"lete the cell AlocD or
housing unit. $roAal! oughta taDe aBa! their tier time 1or no damn reason, too. 8nd donFt 1orget to ha;e De"ut! -hor
re1use to gi;e them e;en one sheet o1 AlanD *.+ inch A! (( inch "a"er, e;en once, much less the tBo "er da! the GniceG
de"uties Bill "art Bith. 6ing Ei""it!>do>da 1or hours on end as !our onl! means o1 comAatting their treacher!, A! maDing
them return home 1rom BorD each e;ening Bith that tune locDed in ;ice liDe gri" on their Arain. 6ome might sa!, to some
e/tent, 4udge 61erraEEaFs continued crediAilit! hangs in the Aalance, "articularl! Bhere he Bas so enthusiastic and
e11usi;e in his "raise 1or the GCoAG 7C$D 4im =eslie Bas doing in de1ending Coughlin in )C)0,((>,'334(, e;en going
so 1ar as to rule that an! re"resentation =eslie did 1or Coughlin in the 1uture Bas alread! Aeing ruled as Gcom"etentG, a
sort o1 Nostradamus as 4udge moment.
2n that case C)(0>,37', 4udge Elliot, Bhom dismissed CoughlinFs criminal a""eal in C)((>0,'4 Aased u"on a
civil statute requiring a doBn "a!ment "rior to the )?C ordering the "roduction o1 transcri"ts Bithin (, da!s 1rom the
1iling o1 a Notice o1 8""eal, then Bent on to dismiss CoughlinFs a""eal 1or 1ailure to cite to a transcri"t, e;en Bhere
Coughlin "ro;ided, at his oBn e/"ense the audio recording A! the )?C o1 the -rial in (( C) 00(7' the )?C always
denies CoughlinFs motionFs 1or "roduction o1 audio recordings o1 hearings at "uAlic e/"ense, e;en Bhere it "re;iousl!
ruled Coughlin indigent su11icient to in;oDed the 6i/th 8mendment, and CoughlinFs )?C a""ointed de1enders always
re1use to order such audio recordings in res"onse to Britten requests A! Coughlin, and 1urther Peith =oomis, and )oAerto
$uentes de"ri;ed Coughlin o1 his right to suA"oena Bitnesses, and 3enr! 6otelo is on his Ba! there as Bell#.
.urther, 4udge Elliot also dismissed CoughlinFs Brong1ul termination laBsuit against 7ashoe =egal 6er;ices in
CV((>,(9++, and sanctioned Coughlin, a "ro se litigant, thousands o1 dollars o1 attorne!Fs 1ees sanctions, Bhere such
- 82/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
dismissal ne;er reached the merits o1 the underl!ing case, gi;en the dismissal Bas, ostensiAl!, Aased u"on a 1inding o1
insu11icient ser;ice o1 "rocess o1 the Com"laint e;en though Coughlin timel! had ser;ed teh Com"laint and 6ummons
u"on 7ashoe =egal 6er;ices, and e;en "roduced a ;ideo recording "ro;ing that, and Bhere 4udge Elliot routinel! a"lied
$olD against Coughlin Bhere he 1ailed to against 7=6 et al, and 1urther, made sua s"onte legal argument on 7=6Fs
Aehal1 and relied on a legitimate authorit! court rules a""licaAle to the 1iling o1 documents 7DC) (,# as setting 1orth
requirements 1or Bhat constitutes a Gco"!F Bith res"ect to the Gser;iceG o1 documents, going so 1ar as to indicate that a
co"! Bhich contains 0 "ages "er "age is illegible#"""Bhich tends to indicate that 9oung Bishes to hel" the ci;il di;ision o1
the )eno Cit! 8ttorne! and the 7CD8Fs %11ice in mitigating damages, Bhich is not in com"liance Bith DD8 9oungFs
)$C 3.* duties, clearl!. <i;en 4udge 61erraEEaFs "re;ious Barnings to Aoth the 7CD8 and 7C$D in this case: 8ll
attorne!s Bho maDe "resentations Ae1ore courts o1 laB ha;e solemn dut! to res"ect admonitions issued A! memAers o1
the Aench and ma! Ae disci"lined 1or ignoring such rulings. 6u".Ct.)ules, )ules 39, 99. <reene ;. 6tate, (997, 93( $.0d
+4, ((3 Ne;. (+7, rehearing denied. 2t is high time DD8 9oung, <oodnight, =eslie, and Dogan get a taste o1 some Cail
1ood. 7hen Coughlin Bas in the Coint he learned, ?a/ Cad! st!le, Greal quicD to get in touch Bith his 1eminine,
nurturing sideG and one cannot hel" Aut thinD doing so themsel;es Bould maDe those 1our, and throB in $at Ping, too,
Aetter attorne!s 1or it. Aut "lease "lace all o1 them on Gad segG administrati;e segregation# 1or no a""arent reason, re1use
to let them use their oBn deAit card to "ut mone! on a calling card, maDe it damn near im"ossiAle to com"lete a collect
call to an!one in the outside Borld 1or the "ur"ose o1 ha;ing them "lace mone! on oneFs AooDs so such a calling card can
Ae "urchased, then, a1ter (+ da!s, Bhen the! are 1inall! aAle to get said mone! therein "lace and "urchase such a calling
card, ha;ing some de"ut! in1orm them that the card Bill arri;e in the mail in (,>(4 da!s. %h, also de"ri;e them o1 an!
medication the! regularl! taDe, maDe them get 1our or 1i;e com"etenc! e;aluations, then enter their "ri;ate
medicalHmental health records and in1ormation including "rescri"tions and other "ri;ate 32$88 "rotected date# into a
"uAlicl! a;ailaAle court transcri"t, liDe that in C)(0>,37', 1iled ?a! +th, and ?a! (9th, 1or the 8"ril (9th, and 8"ril
0'th, 0,(0 3earings, res"ecti;el!, then ha;e Dogan and 7C$D Bosler stead1astl! re1use to attem"t to striDe 1orm the
record DoganFs aAominalAe re;elation o1 such "ri;ate date to a courtroom 1ule o1 4, memAers o1 the "uAlic and a 1eB
local attorne!s, "uAlic and "ri;ate, as Bell as, again, still Aeing included in a transcri"t o1 the hearing, a;ailaAle in the
"uAlic record. 8nd tell them the! are Aeing incarcerated 1or contem"t until the! agree to aAide A! a AlanDs checD to
=aDeFs Crossings e;aluators onl!, e;en though the! are agreeing to so aAiding, Aut merel! requesting an o""ortunit! to
Arie1 the "ri;ac! issues and sco"e o1 such an e;aluation "rior thereto#.
6BN $at Ping ;iolated his dut! o1 candor to the triAunal Bhen he suggested in his 6C) ((( $etition that he met
in1ormall! Bith Coughlin, or that Coughlin re1used to so meet, 6C) (,40#: GBar counsel ma! meet Bith an attorne!
against Bhom a grie;ance has Aeen recei;ed to in1ormall! resol;e a matter that does not in;ol;e the commission o1 a
serious crime, as de1ined in these rules.G Coughlin Bas Bas clear in his intention to taDe Ping u"on on his Britten o11er
to alloB Coughlin to re;ieB materials suAmitted in connection Bith the ;arious grie;ances )ichard <. 3ill, )?C 4udge
Nash 3olmes, )?C ?arshal 6cott Co""a and or -hom"son, the .amil! Court 4udge =. <ardner %rder 1or 6anctions that
still the 6BN re1uses to indicate Bho e/actl! 1iled it Aut )?C 4udge 7. <ardner, Bhile re1using to recuse himsel1 1orm
CoughlinFs criminal tres"ass -rial, Bhich )ichard <. 3ill signed the criminal Com"laint 1or did admit on 8"ril (,th,
0,(0, on the record in (( C) 0'4,+ that he "assed that 8"ril 0,,9 %rder 1or 6anctions on 1rom his sister 4udge =.
<ardner, to )?C 4udge Nash 3olmes, though 4udge Nash 3olmes grie;ance to the 6BN o1 ?arch (4th, 0,(0 incident
to her summaril! sentencing Coughlin to + da!s in Cail, Aeginning right then, on .eAruar! 07th, 0,(0, and sus"ending the
tra11ic citation -rial Bherein that %rder stemmed 1rom in )?C (( -) 0'*,,, a1ter, according the 4udge Nash 3olmes
?arch (4th, 0,(0 grie;ance to the 6BN, the 7C$D Bhom remain mum as to an!thing related to such e;ents des"ite
CoughlinFs re"eated Britten inquiries# contacted 4udge Nash 3olmes de"artment, a""arentl! aAout CoughlinFs
com"etenc! issues incident to the %rder 1or Com"etenc! E;aluation that 7C$D Dogan "rocured at a clandestine status
con1erence Bith DD8 9oung, Bhich Coughlin had Aeen noticed on as continued until ?arch 09th, on .eAruar! 04th,
0,(0, and Bhich the court 1ile in )4C )C)0,(0>,'+'3, con1irms, such %rder 1or Com"etenc! E;aluation Aeing signed
A! 4udge Cli1ton and 1ile stam"ed at (:3( "m on 0H07H(0 though the docDet indicates 4udge 6chroeder "resided o;er the
.eAruar! 07th, 0,(0 ?6C on that date, e;en though it Bas, technicall!, reset a month out + da!s "re;iousl!#. .urther, the
1act that DD8 9oung therea1ter, at 0:++ "m 1iled an %""osition to CoughlinFs ?otion to 8""ear as Co>Counsel on that
same date, and Bell a1ter the %rder 1or Com"etenc! E;aluation Bas entered and DD8 9oung made aBare thereo1,
"resents a ;iolation o1 the laB, as an! matters, in an! de"artments Bithin a Court in;ol;ing a "art! Bhose com"etenc!
has Aeen draB into question, must Ae sta!ed, and not 1urther actions taDen, until such time as that "arties com"etenc! has
Aeen determined. DD8 9oung must 1ace Cail time 1or this alone, much less the Gtotalit! o1 the circumstancesG Bhen
considering his innumeraAle acts o1 misconduct in connection Bith the three criminal cases he is "rosecuting against
Coughlin currentl! )C) 0,(3>,'+'3,, )C)0,((>,'334(, )C)0,(0>,'79*,# otherBise, the legal "ro1ession and
Cudiciar! is diminished in the "uAlicFs e!es as Aeing co>o"ted, and either too a1raid to incarcerate a De"ut! District
- 83/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8ttorne!, or com"licit in the misdeeds o1 one such as DD8 9oung, 1or "ur"oses indicated a "ersonal Aene1it therein is
accrued, made all the more im"ermissiAle A! the e/tent to Bhich the 7C$DFs actions herein ha;e Aeen so regrettaAle.
81ter all, a cand! Aar has alread! Aought Coughlin a 4 month sus"ension, and the 1acts in that case demonstrate that Bas
a Brong1ul con;iction. DD8 9oungFs misconduct includes "utting on misleading testimon! at the ?otion to 6u""ress
"erha"s e;en 1alse testimon! i1 one goes A! the most reliaAle e;idence, DuraldeFs 6u""lemental Declaration to his 8rrest
)e"ort o1 8ugust 0,th, 0,((...not the Narrati;e Duralde 1iled on No;emAer 0*th, 0,(( a1ter the ;ideo o1 the arrest had
Cust recentl! Aegan a""earing on !outuAe.com and elseBhere. 6o "reCudicial and hinting at im"ro"riet! that DD8
9oung onl! managed to correct DuraldeFs 1alse testimon! to the Court after DD8 9oung got the Bin at the 3earing on
the ?otion to 6u""ress.
6o, DFs Declaration 6u""lement and his oBn trial testimon! re;eal a mutlitude o1 inconsistencies o1 a curious
nature, suggesti;e o1 a sel1>interested moti;e resulting in a Gremi/ingG o1 the 1acts meant to minimiEe DFs cul"aAilit!.
8t the 3earing on the ?otion to 6u""ress, the e/igenc! o1 a "otential! altercation Bas reall! something the 6tate needed
to le;erage, so, o1 course, contrar! to DFs Britten 6u""lemental Declaration 6u""lemental# done Cust hours a1ter the
arrest on * 0, 0,(0, D testi1ed at the * 09 (0 6u""ression 3earing that dis"atch had him res"onding to a re"ort o1 an
altercation. DD8 9oung recogniEed hoB crooDed Bould looD in retros"ectd, Aut, he didnFt get around to 1i/ing that
little oo"sie until a1ter the 6tate had Bon the hearing on the ?otion to 6u""ress, and had the the results o1 the search
incident to arrest admitted into e;idence, regardless o1 the 1act that much o1 that under"inning the "roAaAle cause
anal!sis Bas intimatel! intertBined Bith the GBea"ons checDG "at doBn, Bhich Cust so ha""ened to Ae more su""ortaAle,
in the 6u""ression 3earing conte/t, i1 D testi1ied there, as he did, that dis"atch had him res"onding to a re"ort o1 a
"h!sical altercation....-he 1act that DD8 9oung Baited until a1ter the 6u""ression 3earing game Bas o;er to clean u"
his and DuraldeFs act is more than a little tacD!. 2ts 1raud, and demonstrates a lacD o1 candor to the triAunal and 1ails in
DD8 9oungFs dut! o1 1airness to o""osing counsel. Not that last minute suA 7C$D 4im =eslie, Esq., aHDHa G4imm!
6leaE!G, aHDHa G6hoelessG 4im =eslie minds much, o1 course. DuraldeFs 6u""lemental Declaration o1 * 0, 0,(( actuall!
reads: G%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours on the Center 6t Bridge, at 2 contacted
de1endant Zachar! C%5<3=2N, on a report of a larceny of a cellular phone.G <ee, no mention o1 an altercation
Aeing ti""ed to Duralde A! his Bi1e, 4essica Duralde, a dis"atcher 1or the )$D.
Ne/t, DuraldeFs 6u""lemental indicates GC%5<3=2N matched the descri"tion rela!ed to me A! dis"atch and
he Bas also pointed out by bystanders to Ae the sus"ect in the larcen! Bhen 2 arri;ed at that location.G. -he thing is,
Bhether at the 6u""ression 3earing or the -rial, onl! one "erson has e;er actuall! testi1ied to seeing Coughlin allegedl!
retrie;e the i$hone 1rom the unidenti1ied man Bith a si/>"acD. -hat Bitness is Zarate, Bhom also testi1ied that he heard
and saB that man hold <oAleFs hat alo1t 1or the taDing, Bhereu"on Zarate claimed it. 7hat Zarate does not e/"lain is
hoB he could ha;e Bound u" claiming the hat, Aut not the i$hone, Bhich <oAle and "erha"s Zarate# testi1ied Bere
Bra""ed u" together. 6o, e;en though it the statements o1 these unnamed GA!standersG ma! ha;e onl! Aeen introduced
and, at 1irst, onl! at the 6u""ression 3earing, no less# to shoB the e11ect on the listener, Duralde, e;entuall!, at -rial,
cra1t! old DD8 9oung a""ears to ha;e introduced e;idence 1or the "ur"ose o1 estaAlishing that Coughlin Bas handed
the "hone the man, all Bithout actuall! ha;ing to ha;e crediAle Bitness Bho actuall! did "ersonall! e!e Bitness
Coughlin ha;e the "hone handed to him. 6hucDs, doing that might necessitate calling Nicole 7atson or =uc! B!ington
to the Bitness stand, and the old G2Fm going to throB this i$hone in the ri;er i1 someone doesnFt claim it right noBG Ait
might maDe DD8 9oungFs case aB1ul "roAlematic 1rom an aAandoned "ro"ert! angle or 1rom some e;en more no;el
Gthe de1endant sa;ed it 1rom the galloBsG angle. 8 sort o1 .inders ;. Pee"ers meets the case o1 7aste Not ;. 7ant Not.
8nd <oAle and Zarate et al donFt e;en ha;e to e/"lain Bho in the hecD that Gmost aggressi;e gu!G Bas, Bho Gthe! didnFt
e;en reall! DnoBG, Alah, Alah, Alah 5.C <u!#.
NoB, s"eaDing o1 Bhat a great CoA =eslie is su""osedl! doing and 4udge 61erraEEa Bent all out 1or =eslie here,
so 4im has noAod! to Alame Aut himsel1 1or Aeing so e/"osed#...=eslie didnFt manage to asD a single question directed to
Bho e/actl! Bas amongst the initial three !ouths to a""roach Coughlin <oAle and Bho, 4imI#. =eslie didnFt manage to
asD Zarata hoB it could Ae that Zarate Bas on the other side o1 the sDate "laEa, !et somehoB discerned the "hone
lighting u" in CoughlinFs "ocDet, or the inconsistencies Bith res"ect to Bhether the 5.C <u! the one <oAle sa!s he
doesnFt e;en DnoB, Aut Bhom Bas most "h!sical Bith Coughlin, graAAing CoughlinFs handleAars, according to <oAleFs
testimon!...# aleted <oAle to the 1act his "hone Bas missing, or Bhether Zarate did, and i1 it Bas Zarate, Bhether it Bas
"erson to "erson, A! a "hone call, or in some other manner....urther, =eslie didnFt manage to asD an! sorts o1 questions
regarding the orientation o1 these e;ents and, to Ae 1air, 4im Bas hamstrung A! the 1act that the multi"le in;estigators
draBing a "a!checD on this case, E;o No;aD, and =arr! Carlson, Bhom Aoth maDe more than attoren! Coughlin did as
a domestic ;iolence attorne! at 7ashoe =egal 6er;ices, did not Aother to taDe an! "ictures o1 the alleged crime scene,
nor create an! sort o1 ;isual e/hiAits, or conduct an! in;estigation !ielding an outline o1 the terrain ;is a ;is the
- 84/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
chronolog! o1 e;ents. 6ure Bould lo;e to DnoB Bhat e/actl! Bas E;o or =arr!Fs contriAution, i1 an!, to the de1ense o1
this matter, other than "ro;iding a "lace to stash the mone! meant to Ae "aid in e/change 1or "ro;iding such a ser;ice.
8nd the less said aAout the 1act that the 7C$D has a Gsocial BorDerG on the sta11, the Aetter. 7onder i1 the D8 uses
1unds 1or Gsocial BorDersG. E;en 4udge Elliot e/"ressed sur"rised at that re;elation, though he still BasnFt Au!ing the
idea that Coughlin had an! sort o1 "ri;ac! rights ;is a ;is his medical and or mental health records. )egardless, neither
=eslie, No;aD, <oodnight, or an!one else at the 7C$D did an! BorD on the ;alue element o1 the Ggrand larcen!G initial
charge, es"eciall! Bith regard to the 1act that should Duralde had adduced the reasonaAle ;alue o1 the then 4 and hal1
!ear old i$hone the i$hone 3g came out in mid>0,,7, and <oAle testi1ied that he got his right Bhen the i$hone 3< 1irst
came out#, Bhich <oAle testi1ied that his Arother Aought it 1or him Bhen the i$hone 3< 1irst came out, Bhereas DuraldeFs
6u""lemental curiousl! maDes mention that Duralde actuall! did do some in;estigation into the ;alue o1 the "hone "rior
to maDing the arrest something Bhich Duralde did not sa! at -rial and Bhich good old 4im =eslie did not Bant to get
Bithin (,,,, !ards o1 asDing a question aAout, less it re;eal some inconsistenc! that Bould taDe =eslie e;en 1urther 1rom
his oA;ious desire to tor"edo CoughlinFs case. =eslie Bent to 1ar in this regard that he could actuall! Ae heard at trial
tr!ing to undertaDe the di11icult tasD o1 at once com"l!ing Bith CoughlinFs entirel! su""ortaAle demand that =eslie
"reser;e the argument as to the arrest Aeing Brong1ul gi;en the reasonaAle ;alue o1 that alleged stolen Bas noBhere near
enough to Custi1! the Ggrand larcen!....thatFs a 1elon!KG said Duralde in a cutes! smug ;oice Bhile Briting out the
"a"erBorD immediatel! a1ter maDing the arrest, maDing sure to "oint out all the tactical ad;antages to his so charging
Coughlin, in com"arison to charging the misdemeanor, "ett! larcen! charge a "hone Borth GL*,>L(,, at the time o1 the
arrestG according to <oAleFs oBn testimon! at -rial#. 2nterestingl!, it Bas DD8 9oung Bho e;en elicited the testimon!
aAout the ;aluation, and, o1 course, =eslie care1ull! a;oided an! 1olloB u" on the short1all AetBeen the initial 1elon!
;alue limit, L0+, and aAo;e, and <oAleFs ;aluation. Des"ite ha;ing Aeen "ro;ide multi"le 1ilings Bherein Coughlin
e/"licilt! set 1orth the statutor! Aar to an o11icer maDing an arrest 1or a misdemeanor committed outside his "resence,
=eslie sto""ed Cust short o1 actuall! "reser;ing that issue 1or a""eal, in a quasi>sl! attem"t to "aci1! Coughlin Bhom
Bas BalDing on 4udge 61erraEEaFs Gi1 !ou sa! another thing 2 Bill "ut !ou in Cail 1or contem"tG tightro"e, in the conte/t
o1 =eslie lame attem"ts to G"reser;e 1or the recordG that, allegedl!, GCoughlin is threatening me right noB, 2 am
"reser;ing this 1or the recordG, Alah, Alah. =eslie managed to maDe a huge sound on the audio recording Bhen he
1uriousl! tore a !elloB sheet o1 "a"er o11 the "ad that he allegedl! "ro;ided to Coughlin, Bith 4udge 61erraEEaFs alleged
instruction to Coughlin Aeing to Brite out notes 1or =eslie to aid in cross e/amination, etc., rather than to ;erAall!
distract or Aother =eslie that instruction Bas not actuall! e;er gi;en to Coughlin, des"ite =eslie and 61erraEEaFs
indications o1 their recollections, on the record, o1 course, in that regard#.
6o, Bhile, i1 !ou checD the transcri"t, =eslie maDes a ;er! elegant attem"t to "aci1! Coughlin on the Gno
misdemeanor arrest a1ter 7 "m 1or alleged illegal conduct outside the o11icerFs "resenceG angle, Bithout actuall!
"reser;ing the issue 1or a""eal....=eslie then goes the e/tra mile and clearl! Aetra!s that he has read and committed to
memor! that statute rather Bell# Bhen he goes on to asD questions instended to estaAlish that the !ouths e11ectuated a
citiEens arrest immediatel! a1ter disco;er! the "ur"orted criminal conducdt. But, =eslie doesnFt Bant to get too dee"
into that, Aecause then Coughlin could demand that =eslie querr! Duralde Bith res"ect to Bh! CoughlinFs 9(( call
re"orting the assault and Aatter! and attem"ted roAAer! u"on him A! the !ouths Bas so casuall! dismissed A! Duralde,
and Bhether such dismissal Bas e;en more su""orti;e o1 the retaliator!H"rete/tual shortcomings o1 DuraldeFs ;ersion o1
e;ents and "ro1erred Custi1ications 1or his actions. -hen there is =eslie, caught on ta"e the CourtFs ta"e, 4im...=eslie o1
course Bas so 1ear1ul o1 Aeing recorded A! Coughlin that he re1used to ;enture out into the hallBa! during the G+ minute
recessG 4udge 61erraEEa accorded Coughlin at the conclusion o1 DuraldeFs cross>e/amination to con1er Bith his counsel.
=eslie, rel!ing u"on some notion "erha"s draBn 1rom his DnoBledge o1 Dogan )?C 4udge Nash 3olmes 6C) ((7
"etition and grie;anceHcom"laint to the 6BN and 3olmeFs ;arious %rders Bhich at once striDe e;er! attem"t made A!
Coughlin to access Custice Bhile also 1nding him, GA! clear and con;incing e;idenceG to ha;e ;iolated "rett! much )$C
there is...Bithout getting around to Aothersome little details liDe "roo1 or due "rocess, or Bhether the criminal summar!
contem"t arrest Bas a "rete/tual one intended to "ro;ide the )eno ?arshals an o""ortunit! to conduct a 62-8 on
Coughlin and GAooD into e;idenceG and, con;enientl! see returned erased a1ter 37 da!s seiEed, CoughlinFs smart"hone
and micro sd card, Bhich alternatel! Bas listed as released to CoughlinFs agent, or not there, Aut then De"ut! 3odge got
caught admitting it Bas, and the it Bas returned "laced inside CoughlinFs smart"hone, Bhereas ?arshal 3arle!Fs
e/clamations during the 62-8 at the )?C clearl! shoB the micro sd card Bas not inserted into CoughlinFs smart"hone
Bhen it Bas 1ound during the 62-8. -he suggestion that )?C Cit! 8ttorne! %rmaas and )?C ?arshal 3arle! Bere
Bhis"ering their Borries into each otherFs ears Coughlin mentions such actions on the record in (( -) 0'*,,# Bas
a""arentl! su11icientl! real enough to result in 4udge Nash 3olmes, sua s"onte, interrogating Coughlin, immediatel!
a1ter a Aathroom AreaD she Aegrudingl! granted Coughlin though she curious re1used to alloB Coughlin to taDe his
!elloB legal "ad Bith him to the Aathroom# as to Bhether Coughlin Bas GrccordingG and asDing Coughlin Bhether he
had a Grecording de;iceG, des"ite the 1act that "rett! much e;er!one BalDing in a court these da!s Bith a cell "hone or
- 85/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
la"to" o1 an! recent ;intage no douAt has such items, to some e/tent. Curiousl!, 4udge Nash 3olmes entered an order
Aasicall! accusing and con;icting Coughlin o1 l!ing in court, !et 4udge Nash 3olmes is notaAl! silent Bith res"ect to
an! actual details in that regard. 7hether )?C ?arshal 3arle! Bas Borried A! some o1 the im"rom"tu cross>
e/amination Coughlin conducted u"on 3arle! is unclear Bhere 3arle! "ur"orted to ser;e Coughlin Notice o1 the %rder
to 6hoB Cause 3earing )ichard 3ill managed to get 4udge .lanagan to grant a hearing 1or that, des"ite nar! a hearing
1or CoughlinFs entire de novo a""eal o1 the 6ummar! E;icdtion %rder in )4C )e;e0,((>,,(7,*, the CV((>,3'3* on
a""eal, and noB Ae1ore the Ne;ada 6u"reme Court in ',33( and '(3*3, the later an a""eal challenging the L4,,,+,
attorne!Fs 1ee aBard 4udge .lanagan le;ied against "ro se tenant a""ellant Coughlin "ersonall!. 7hether Cit! 8ttorne!
%rmaas Banted someAod! to come Aail her out 1rom Bhere she admitted to ha;ing no intention to 1olloBing u" or
otherBise charting or documenting the admission o1 acce"ting mone! 1rom )ichard 3ill that )$D %11icer Chris Carter
made "erha"s sarcasticall!# to Coughlin Bhile maDing a custodial arrest o1 Coughlin on No;emAer (0th, 0,(( 1or
criminal tres"ass at CoughlinFs 1ormer laB o11ice and Coughlin still had not Aeen aAle to cash the rent escroB checD o1
L0,07+ that the )4C re1used to Cust hand to him u"on its return Aeing ordered A! 4udge 61erraEEa 1olloBing the
No;emAer 7th, 0,(( 3earing a hearing Bhich the )4C did not need CoughlinFs "ermission to schedule, Bhereas,
a""arentl!, the )4C did need CoughlinFs "ermission to schedule a hearing on CoughlinFs ?otion -o Contest $ersonal
$ro"ert! =ien, des"ite N)6 4,.0+37#>*# requiring the Court hold one Bithin (, da!s o1 CoughlinFs No;emAer ('th,
0,(( 1ilign such a ?otion the )4C managed to hold the hearing, true to )ichard 3illFs Bord in his No;emAer 0,th,
0,(( email to Coughlin, onl! a1ter 3ill returned 1rom his si/ BeeD ;acation, and onl! a1ter a""ro/imatel! L*,,,, o1
"ersonal "ro"ert! Bas AurglariEed 1rom CoughlinFs 1ormer home laB o11ice on or aAout DecemAer (0th, 0,(( a
traumatic scene that Coughlin Bas e/"ected to quicDl! get o;er u"on Aeing granted one and a hour hours to arri;e at the
"ro"ert! and in;entor! Bhat Bas missing or damaged, then email to 4udge 61erraEEa, "ursuant to the %rder 1olloBing
the DememAer 0,th, 0,(( 3earing on CoughlinFs No;emAer ('th, 0,(( ?otion to Contest $ersonal $ro"ert! =ien#. -he
less said aAout the 1act that 4udge 61erraEEa made Coughlin "a! 3ill L4*, 1or (' da!s o1 GstorageG a rate Bhich Bas "ro
rata equal to the same L9,, a month 1or G1ull use and occu"anc!G o1 the "remises, des"ite the 1act that Coughlin didnFt
get the G1ull use and occu"anc!G, Aut rather, got a criminal tres"ass con;iction Bhich the 6BNFs $atricD Ping Bhom
BorDed on the ?ilsner ;. Carstar"hen re"orted ?arch 0,(0 decision o1 the Ne;ada 6u"reme Court Bith 3ill# is
currentl! attem"ting to use to Aolster his ;arious attem"ts to ha;e Coughlin GdisAarredG though Ping clearl! DnoBs
;er!, ;er! little aAout "ro1essional licensure laB or disci"linar! "roceedings in general, and certainl! not that, as o1
0,,*, in Ne;ada, Aeing disAarred is Girre;ocaAleG. DonFt e;en get started on the e/tent to Bhich 3ill ignores the N. 6.
CtFs %rder o1 4une 7th, 0,(0 Bith res"ect to the Gsole "ur"oseG o1 the hearing it re1ers to the NNDB, and the Gimmediate
hearingG required A! Coughlin 1iling a 6C) ((((,# and 6C)(,04#d# $etition in ',3*3 and '(40', much less the 1act
that 6C) (,9 has actual ser;ice rules, and 6C) ((' and 6C) (,+ dictate certain lengths o1 time "assing AetBeen Bhen
Ping does manage to get his sla"dash 6BN ;. Coughlin Com"laint ser;ed on Coughlin, then ha;e a hearing set,
su11icient to maDe the 6BNFs attem"t to AacD out o1 the 6e"temAer 0+th, 0,(0 hearing that 6BN ClerD o1 Court =aura
$eters alread! agreed to an noticed Coughlin on in Briting seem liDe more than a legitimate Aasis 1or seeDing sanctions
against Bar Counsel long ;ieBed A! man! in the Aar as an GattacD dog 1or the )ichG <. 3ill#. Not sa!ing that, Cust
sa!inF. -he 1act that 6BN Bar Counsel has to attem"t to "oint to some non>e/istent %rder restricting CoughlinFs NVB
"ractice A! a .ederal 4udge doesnFt e/ist, $at, though its curious the onl! other "lace Coughlin e;er heard such an ugl!
little rumor Bas 1rom a 1ormer client Bhom made indication that he s"oDe Bith $at Ping, "rior to CoughlinFs 4une 7th,
0,(( %rder 1or -em"orar! 6us"ension, and de1inatel! aAout matters Bhich Bar Counsel rooDie $at Ping ought DnoB are
con1idential under 6C) (0( and other rules a""licaAle to his o11ice. 8nd some start>u" solos might do Bell to Ae Bar!
o1 the "ros"ecti;e client Bhom hires one o11 o1 Craigslist, 1orDs o1 a much need checD 1or the staggering sum o1 L(,,,,,
onl! to ne;er "a! another dime, then, a""arentl!, attem"t to le;erage some 6BN 1unded Au!out o1 that relationshi",
ne;ermind Bhether the client "unched the attorne! in the 1ace Bell, "unched the camera into the attorne!Fs 1ace,
actuall!# then tore the locD o11 the attorne!Fs storage unit, Bhich Bas Aartered 1or 1air and square, until local "olitical
innuendo made such an arrangement to incon;enient 1or some to 1olloB through on, Bhereu"on a grand or tBo more
said attorne!Fs "ersonal "roe"rt! Bas stolen, Bhereu"on tenant o1 said lot lied and lied in Court as the landlord tenant
8nd sometimes coddling "uAlic de1enders Bith the old saB aAout hoB Go;erAurdened and under1unded and s"read so
thinG the! are Cust Dind o1 indulges them to Aring out the Borst in themsel;es. Coach Coughlin e;en tried to talD to
Dogan and <oodnight in his GCoach PG ;oice, to no a;ail. ?uch s!m"ath! to Bosler 1or ha;ing to tr! to moti;ate those
tBo. =eslie as G=a!Ber Pe;orDianG is not that a"t, gi;en man!, or "erha"s all, o1 Dr. Pe;orDianFs "atients actuall!
wanted to die. 4udge 61erraEEa has crediAilit! to s"are, and consistentl! dis"la!s an unusual le;el o1 sDill and talent on
the Aench, all the more sur"rising A! the incrediAl! ;aried 1und o1 elected e/"erience he "ossesses. 3oBe;er, it "erha"s
ought Ae some time Ae1ore another 4udge so readil! ;ouches 1or the BorD o1 an! "uAlic de1ender, "articularl! one so
Bill1ull! intent on "re""ing as little as "ossiAle, in as short a time as "ossiAle, an in as ad;ersarial to oneFs clientFs
interests as "ossiAle manner as that Bhich =eslie dis"la!ed in this case. %ne sim"l! cannot adequatel! Cudge a counselFs
- 86/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BorD A! ;ieBing onl! that Bhich is "ut on Ae1ore the court on the record and Bith Baili11Fs at the 7C$DFs read! to
threaten to G"ut m! 1oot u" !our assG to an! de1endant Bhom might taDe issue Bith some o1 the more elegant
distinctions AetBeen Gmeans and oACecti;esG and tactics. .urther, ?r. =eslie dis"la!ed a daring a""roach in seeDing to
taDe aBa! one o1 the ;er!, ;er! 1eB in;iolaAle rights indigent criminal de1endant Coughlin has, the decision to testi1! or
not in oneFs de1ense. 7here, as in this matter, the criminal de1endant tooD a multitude o1 ;ideos, one o1 the arrest, a
cou"le moments "rior to the arrest, a multitude u"on Aeing release 1rom Cail thanDs 1or the %) # days later to a li1elong
)eno resident attorne! Bith nearl! all o1 his immediate 1amil! li;ing in toBn and all other statutor! 1actors auguring 1or
a much quicDer relase, 7C6%, not to mention the 1orced Bearing o1 a green dress 1or noB real reason or ;ideo ta"ing
the accused com"letel! disroAing Bhile si/ de"uties stand "resent Batching, trul!, ;er!, ;er! necessar!#. =eslie is heard
on the audio transcri"t o1 the -rial in )C)0,(0>,'334(, on se;eral occasions, re1using to utiliEe 1or im"eachment or
otherBise le;erage or agree to seeD to introduce into e;idence the ;arious e/cul"ator! ;ideos that ha;e Aeen "ro;ided to
=eslie. =eslie, instead, can Ae heard, es"eciall! a1ter Coughlin im"lores him to im"each the testimon! o1 Zarate Bhom
made a multitude o1 material misre"resentations to the Court#, <oAle the ;ideos shoB <oAle himsel1 graAAing at
CoughlinFs AiDe, counter to Zarate and <oAleFs testimon!, in addition to thoroughl! contro;erting the assertions A! Aoth
!oung Bitnesses that Coughlin did not maDe an! statements indicating he Bas 1ear1ul, etc.#, and Duralde, Bhose
testimon! is e/"ressl! contro;erted in a great man! Ba!s A! the contents o1 the e/cul"ator! ;ideos, 9(( ta"es, and
dis"atch records. )ather, des"ite ha;ing asDed Coughlin "ro Aono, o1 course# to conduct some legal research 1or =eslie
"ro;iding a Aasis 1or seeDing the introduction or use o1 such ;ideos Bith the authentication or 1oundation there1or Aeing
"ro;ided A! a criminal de1endant Bhom ma! Bish to re1rain 1rom maDing the decision to testi1! in his de1ense or not
until a1ter the utiliEation o1 such ;ideos, or at least until their use or admission has Aeen denied A! a court a1ter de1ense
counsels seeDs to ha;e them authenticated or ha;e a 1oundation there1or "ro;ided A! one o1 the other Bitnesses, a Gsilent
Bitness theor!G a""lication, or some other legal means, "articularl! Bhere, as here 4udge 61erraEEa alread! made
"ronouncements 1rom the Aench that an!one could authenticate, and "erha"s, "ro;ide 1oundation 1or such ;ideos Bere
the! "resent at the scene de"icted in such materials. )ather, =eslie Bas hell Aent on curtailing such o"tions and choices
1rom his client, CoughlinFs, and 1urther, =eslie reAuDed Coughlin 1or e;en inquiring as to Bhether mere "ortions o1 such
;ideos could Ae "ro;ided or the introduction thereo1 sought, Bith =eslie chiding Coughlin that Gi1 !ou donFt realiEe hoB
unethical that Bould Ae, "erha"s !ou shouldnFt e;en Ae an atttorne!...G 7hereu"on, Coughlin queried =eslie as to the
e/tent to Bhich =eslieFs oBn duties o1 "ro1essionalism might entail =eslie actuall! su""orting such a Aroad sBee"ing
assertion Bith some actual legal "recedent or authorit!, Bhich, o1 course, met Bith e;en more arrangements 1rom the
G4im =eslie $la!AooDG, to Bit: call o;er the Baili11 and seeD to ha;e him "la! intimidating hea;! u"on an! sort o1 client
consternation as to the illegitimac! o1 =eslieFs a""roach, maDe client "reCudicing "ronouncements in court G1or the
"ur"ose o1 "reser;ing 1or the recordG matters Bhich clearl! "ertain onl! to =eslieFs Bish to "ractice in a consequence
1ree en;ironment de;oid o1 an! actual sDin in the game, 1eign aghast horror at the client GthreateningG him, claim that
the "ro Aono legal research the client "ro;ided =eslie on salient "oints o1 laB Bas in "rint Gtoo smallG, then Gtoo AigG,
then GNo, 2 liDe it darD te/t on a light AacDground, not light te/t on a darD AacDgroundG, to menacingl! smirDing at the
client at tense moments in the trial, to chiming in 1rom the Bitness galler! Bhen GoAser;ingG Dogan or <oodnightFs BorD
Gre"resentingG Coughlin in matters 1or Bhich =eslie Bas not listed at attorne! o1 record, in;ariaAl! Bith qui"s intended
to Aelittle Coughlin and diminish his re"utation Ae1ore a Court, seemingl! 1or the "ur"ose o1 alloBing the 7C$D and
=eslie to more readil! GshushG such GtrouAlesomeG criminal de1endants, to re1using to alloB such de1endants to actuall!
;ieB documents "roduced in res"onse to disco;er! requests, to announcing to the Court that he so re1uses to "ro;ide the
addresses o1 material Bitness Bhom E;o No;aD GcouldnFt manage to get ser;edG, e;en Bhere =eslie re1uses to indicate
Bhether he has an! idea at all as to the numAer o1 ser;ice attem"ts so undertaDen A! the 7C$D, asserting to the Court
that his clientFs GmentalG this or that, entails that it GCust BouldnFt Ae 1airG to the "ros"ecti;e Bitness to di;ulge such
Gsensiti;e in1ormationG, then Auttressing such ridiculous assertions Bith some im"lausiAle s"ur o1 the moment
e/"lanation that =eslie Bas so hesitant to di;ulge such in1ormation "ertinent to e11ecting ser;ice Bhere Coughlin,
allegedl! claimed that he Bould "ersonall! ser;e that Bhich must Ae ser;ed A! a non>"art!, something Coughlin, an
attorne!, Bould realiEe Bould Ae 1utile. NoB, in the eighth inning, the Court a""ears to Ae o11ering Coughlin the chance
to go ahead and re"resent himsel1, Bith the understanding that the remainder o1 the -rial, set to occur on %ctoAer (+th,
0,(0, is to Ae a ;er! Arie1, curtailed a11air. 3oB terriAl! un1air. =et 4im =eslie muss u" a neB suit Bith his outlandish
Areaches o1 the rules o1 "ro1essional conduct seems Bar Counsel ma! a Ait o1 a 1ilter on the grie;ance s!stem resulting
in an inaAilit! to get recogniEed a com"lain or grie;ance against a "uAlic de1ender, and in 7ashoe Count!, the salaries
1or "uAlic de1enders ha;e curiousl! gone u" at a rather ArisD s"eed since aAout 0,,*, des"ite the nationFs econom!
remaining stagnant at Aest. $erha"s Cust coincidentall!, a series o1 local neBs"a"er articles, mentioned in the amicus
Arie1 related to the "ending EC) related suit Ae1ore the Ne;ada 6u"reme Court, a""ear to ha;e materialiEed in
someBhat o1 a ca"itulation Bith such a rise in salaries.
- 87/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.urther, DuraldeFs 6u""lemental undermines his testimon! at trial Bhere it reads: Gne/t 2 s"oDe to the ;ictim,
Cor! <%B=E Bho stated that he has an 8""le 2"hone that he had Aought a cou"le o1 !ears ago 1or L3,,. <%B=E had
set his "hone doBn on a concrete Ball in the "laEa at and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it.
<%B=EFs 1riend, Nathaniel
Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A! and taDen <%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut C%5<3=2N stated
that he did not ha;e the "hone. GOBLE then called his "hone numAer 1rom a 1riendFs celluar "hone and
saB the screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet. <%B=E stated that the!
didnFt hear the ringer on the "hone Aecause the "hone Bas set to ;iArate onl!.
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe <%B=EFs "hone 1rom
Bhere <%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t 1ront shorts "ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another "hone. 2 heard a ;iArating
noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate "hone and the "hone
in C%5<3=2NFs "ocDet, that had Aeen ;iArating, sto""ed.
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the "ro"ert! o1 another "erson
;alued aAo;e L0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther ;eri1! his oBnershi" o1
the "hone Aased on the "assBord 1or the "hone and calls that had Aeen made in the "re;ious hours.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout 1urther incident.G
((:,(:,+ am
6: Bhat ha""ened ne/t, 6ir...7ell, let me striDe that @uestion.
2ndeed, the 6tate Bould Bant to striDe that question Aecause the ansBer to it destro!s their Bhole case. 2mmediatel! a1ter
Coughlin "olitel! asDed Gi1 this Bas a -err! 6to"G D in1ormed C and the grou" that he Bas going to search C and get the
"hone AacD, Bell Ae1ore an! o1 the 1anc! reasonaAle sus"icion or "roAaAle cause "rete/tual in;estigation that D testi1ied
to at -rial and Brote o1 in his Narrati;e tooD "lace. 6o, o1 course, DD8 9oung Bould Bant to striDe a question that
"rom"ts D to detail that AraEen, ego dri;en statement A! D that re;eals as "rete/tual all the good sounding Aasis 1or this
Brong1ul arrest.
CFs 1ear Bhile Aeing attacDed A! the sDater !outhFs is ;erAaliEed A! C on the ;ideo o1 the arrest, Cust Ae1ore D arri;es
Bhen C at the 3 second marD# e/claims G2 am scared o1 !ou !oung Dids...!ou ha;e nothing to lose..."lease donFt hurt
me...!ou ha;e clearl! scared meG.
ZarateFs testimon! at -rial is con1irmed someBhat on the ;ideo o1 the arrest 07 second marD# Bhere he can Ae heard
telling D, immediatel! u"on DFs arri;al G2 saB the Bhole thingG. But that is the e/tent o1 their con;ersation, Cust as Z
testi1ied. -hen, D asDs Coughlin GDo !ou ha;e the "honeI...is it in !our "ocDetIG 0* second marD#.
4( second#
Coughlin: DonFt 2 ha;e a right not to ansBer an %11icer Bhen he inquires as to Bhat is in m! "ocDetsI 5nless this is a
-err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at doBn, Aut, "erha"s, !ou might Ae right.
+7 second marD#
Coughlin: -his dog liDes to run aBa!, %11icer, can 2 tie it to somethingI
Duralde: -ie it to !our AiDe.
Coughlin: %Da!.
8ustin =icht!: Core!, 7e can call it. =etFs call it.
(:,0 marD#.
D. Dude, 2 am going to Ae real Bith !ou right noB, the Did Bill "roAaAl! Ae 1ine i1 !ou gi;e him the "hone AacD, i1 not,
Be are going to get it out o1 !our "ocDet and !ou are going to go to Cail.
- 88/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.rom the (:,* marD to the (:0* marD Coughlin ties his dog to his AiDe and mo;es se;eral 1eet south toBards the 6iena in
res"onse to DFs direction#
7C$D 4im =eslieFs statement at in "erson meeting Bith Coughlin regarding the call records the 7C$D
suA"oened 1or <oAleFs "hone numAer allegedl! =eslie re1used to let Coughlin looD at the records, e;en in a redacted
1orm, and re1used to "ro;ide a rationale 1or Bh!# re;eal that the "hone numAer <oAle claims is his had a call directed to it
at ((:0( "m Coughlin needs to see the records to determine the length o1 the call, and Bhether it Bas ansBered, etc, in
addition to Bhether thecall Bas 1rom Zarate or someone BhoFs "hone Zarate used, su11icient to corroAerate ZarateFs
8ugust 09th, 0,(0 testimon! at trial Bherein he stated that he get time and e/act quote here# called <oAleFs "hone
shortl! a1ter Bitnessing the man Bith the si/>"acD holding it alo1t and o11ering it u". =eslie alleges the "ur"orted call
records 1or <oAle then re;eal another incoming call at ((:0' "m, 1rom the same numAer maDing the call at ((:0( "m.
=eslie then indicated that <oAleFs "hone recei;ed another call at ((:33 "m 1rom a second numAer, and that <oAleFs "hone
"laced a call to that second numAer at ((:3' "m. 2t has not Aeen asDed o1 Duralde Bhether he himsel1 "laced the
outgoing call on Bhat <oAle alleges is his "hone at ((:3' "m to the same "hone that Duralde alleges he had call <oAleFs
"hone at ((:33 "m, and, i1 so, Bhether Duralde did that to 1urther con1irm the identi1! or "hone numAer to Bhich <oAleFs
"ur"orted "hone Bas attached A! means o1 caller identi1ication on the "hone maDing the call to <oAleFs "ur"orted "hoen
at ((:33 "m. 21 that is the case, Duralde has !et to Ae querried as to Bh! that Bould Ae a necessar! action, that outgoing
call at ((:3' "m.
2t is ;er! rele;ant to CoughlinFs de1ense and 1or the "ur"ose o1 im"eaching e!e Bitness testimon!, such as that
o1 Zarate, 1or Coughlin to Ae "ro;ided the identi1! o1 those Bhose "honeFs "laced the incoming calls at ((:0( "m and
((:0' "m, in addition to the identi1! o1 the oBner o1 the "hone and Bh! Coughlin should not ha;e access to the "hone
numAers 1or these "hones is not clear, as there doesnFt a""ear to Ae a "rohiAition against Coughlin or an in;estigator he
ma! em"lo! contacting these "erci"ient Bitnesses 1or the "ur"ose o1 Auilding the de1ense o1 his case. Certainl!, it is not
Coughlin Bhom has Aeen doing the Bitness tam"ering or attem"ting to dissuade a Bitness 1rom testi1!ing here. )ather,
that misconduct Bas committed though, a""arentl! a""ro;ed o1, i1 not encouraged A! the 7CD8, the )$D, etc# A!
)oAert DaBson, Bhom ;iolentl! checD sBung a sDate Aoard at CoughlinFs head on 8ugust 07th, 0,(( and this Bas
ca"tured on ta"e A! Coughlin#, and A! Core! <oAle, Bhom assaulted and Aattered Coughlin on 4une +th, 0,(0 A!
"roCecting a lit cigarette at Coughlin, at a high rate o1 s"eed, onl! tBo 1eet aBa! 1rom Coughlin, Bhereu"on it hit
CoughlinFs shoulders and the lit ti" o1 the cigarette e/"loded and scattered this attem"t to dissuade CoughlinFs testimon!
Bas also caught on ta"e A! Coughlin#. .inall!, )$D 6argent D!e Bhom Brong1ull! arrested Coughlin, in ;iolation o1
6oldal ;. CooD Count! and 7heeler ; Coss on 4ul! 3rd, 0,(0, then managed to get CoughlinFs Aail raised at an unnoticed
Aail hearing on 4ul! +th, 0,(0 1rom a AondaAle L(,4(+, to a cash onl! L3,,,, cash L(,,,, 1or each charge# 1or an arrest
1or G1ailure to secure a load on a trucDG L(7+ 1ine#, 1ailure to "ro;ide "roo1 o1 insurance L7+,, des"ite the 1act that
Coughlin "ro;ided "roo1 o1 ;alid, current insurance immediatel! a1ter Aeing "ulled o;er A! 6argent 7ea;er and )$D
%11icer D!e, in the 1orm o1 a legiAle "d1 on CoughlinFs smart"hone, an 3-C %ne 6 Bhich has one o1 the largest screens
currentl! a;ailaAle on the marDet, the "roo1 o1 insurance clearl! ;isiAle and shoBing CoughlinFs customer numAer and the
tele"hone numAer 1or CoughlinFs insurance carrier#, and, most s"ecious o1 all, a GDisturAing the $eaceG charge Arought
against Coughlin Cust da!s a1ter the )$D ;ia 6argent ?iller, =ieutenant BroBn, and %11icer 7ea;er# in1ormed Coughlin
the! Bould arrest him 1or criminal tres"ass i1 Coughlin returned to the NorthBind 8"artments com"le/ Bhere Coughlin
still had a laB1ul right to go, thereA! maDing Coughlin inca"aAle o1 committing criminal tres"ass under N)6 0,7.0,, or
)?C *.(,.,(,.
.urther, 6argent D!e GCust ha""ened toG shoB u" in the 6colariFs "arDing lot Bhere Coughlin Ba running errands
at (0:(+ am, on 6e"temAer 4th, 0,(0, Bith the -rial in the aAo;e matter set to occur Cust hours later in )?C (0 C)
(040,. 81ter Aeing hassled A! 6argent D!e aAout Bhether he "arDed his car straight enough, D!e and Coughlin
discussed the use o1 citiEenFs g"s data A! "olice de"artments Bhom "rocure it, sans Barrant, 1rom cellular "hone carriers.
=ater that morning, )$D %11icer 7ea;er made menacing gestures to Coughlin in the )?C courtroom Bhile aBaiting
trial, Bhile the )eno Cit! 8ttorne! a""arentl! 1iled an amended criminal com"laint to include criminal tres"ass, Ae1ore
that "rosecutor realiEed that, i1 the )$D realiEes that Coughlin Bas right and that such an arrest Bould ;iolate 6oldal ;.
CooD Count!, then "erha"s the )eno Cit! 8ttorne! should too, Bhereu"on all charges Aut the G1ailure to secure a load on
oneFs trucDG Coughlin has onl! a (99' 3onda 8ccord sedan# charge Bere dismissed. Coughlin Bas 1orced to s"end 4ul!
3rd through 4ul! 0(st, 0,(0 in the 7ashoe Count! 4ail due to the misconduct o1 these )$D "ersonnel, and arguaAl!, due
to the misconduct o1 )?C 4udge 7illiam <ardner Bho 1ailed to recuse himsel1 1rom the Aail hearing in that matter, and
in a criminal tres"ass 1rom CoughlinFs 1ormer home laB o11icer matter in (( C) 0'4,+, des"ite Coughlin Aeing 1ired 1rom
7ashoe =egal 6er;ices as a domestic ;iolence attorne! in ?a! 0,,9 due, according to 7=6, solel! to <ardnerFs sister's
%rder 1or 6anctions in a di;orce trial, against Coughlin "ersonall!, Bhere Coughlin maintained the maCorit! ;ieB"oint
throughout 8merican Curis"ruduence Bith res"ect to counseling his client that acce"ting a marital settelment agreement
- 89/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Bherein she Bai;es her chance to "ursue alimon! in e/change 1or the husAand agreeing to Ae solel! res"onsiAle 1or
;arious third "art! credit card deAts to Bhich he Bas the sole signator! an!Ba!s and there1ore CoughlinFs client Bas
unliDel! to 1ace an! Gdoctrine o1 the necessariesG "ursuit A! a""ro/imatel! si/ di11erent unsecured credit card creditors
1or ;arious deAts, none o1 Bhich Bere o;er a""ro/imatel! L0,,,, A! themsel;es....#. )?C 4udge 7. <ardner arguaAl!
Bas 1urther oAliged to recuse himsel1 due to his admission in court, on the record, that he "assed his sisterFs 8"ril 0,,9
%rder 1rom his sister to )?C 4udge Nash 3olmes, Bho then "assed it to the 6tate Bar o1 Ne;ada along Bith her oBn
Com"laintH<rie;ance against Coughlin>o1 ?arch (4th, 0,(0 and stemming 1rom a tra11ic citation trial in (( -) 0'*,, in
Bhich she sentenced Coughlin to + da!s in Cail 1or Gsummar! criminal contem"tG, and had CoughlinFs smart"hone and
other "ro"ert! and electronic date GAooDed into e;idenceG, Bhereu"on it Bas returned to Coughlin damaged and erased
some 37 da!s later, a1ter inconsistent statements Bere made, some in Briting, some on ta"e, to Coughlin res"ecting the
chain o1 custod! and ;arious "ur"orted releases o1 those items. )?C 4udge 7. <ardner claimed he GcouldnFt
rememAerG something rather salient aAout Bhether he had seen 4udge Nash 3olmes ?arch (4th, 0,(0 letter to the 6BN
and its accom"an!ing Gcom"etenc!G questions relati;e to Coughlin. .urther, the )?C has admitted to communicating
Bith 7C$D Dogan, and "erha"s, 7CD8 9oung et al at the clandestineH;acated ?6C that tooD "lace an!Ba!s des"ite
Coughlin Aeing noticed that it has Aeen continued out a month# on .eAruar! 07th, 0,(0 at (:3, "m...Bhich is odd gi;en
that 4udge Nash 3olmes Bas late A! +, minutes to the (:,, "m tra11ic citation trial in (( -) 0'*,, o1 that same date, and
that her administrati;e assistant could Ae heard in o"en court Bondering Bhere in the Borld 4udge Nash 3olmes could Ae,
as she Bas unaAle to locate her 1or some time. 8t that clandestine ?6C AetBeen DD8 9oung and 7C$D Dogan, Dogan
"rocured des"ite no Britten motion actuall! Aeing 1iled, more o1 a Gcounter motionG a second %rder 1or Com"etenc!
E;aluation o1 Coughlin and noB, on 6e"temAer 3rd, 0,(0, DoganFs su"er;isor 4im =eslie, Esq. has Aeen granted a third
%rder 1or Com"etenc! E;aluation o1 Coughlin, seemingl! Aecause ?r. =eslie needed a Gtime>outG to regrou" once he
realiEe Cust hoB Aadl! he Bas in the "rocess o1 committing mal"ractice and "ro1essional misconduct incident to this
i$honeH"ett! larcen! -rial in )4C )C)0,((>,'334(.
6o, certainl!, 7C$D 4im =eslie, Esq.Fs rationale 1or "reCudicing his oBn client, CoughlinFs case A! re1using to
alloB Coughlin access to essential in1ormation contained in the ;arious records "roduced, runs e/tremel! thin, es"eciall!
Bhen considering the undul! Aurdensome nature to CoughlinFs case o1 BorDing the case 1or an entire !ear Bith a 7C$D
counsel Bho actuall! does regularl! "ractice in misdemeanor de1ense =eslie normall! de1ends in 1elon! matters# onl! to
ha;e <oodnight Ae m!steriousl! remo;ed 1rom the case at the aAsolute last minute Coughlin Bas trans"orted to Court ,
incident to a sta! in 7ashoe Count! 4ail that must ha;e aided DD8 9oung in sta!ing com"etiti;e here# on to 4ul! ('th,
0,(0 to 1ind the tanned, rested, s;elte 4erem! Bosler, Esq. a""earing Bhere <oodnight ought, Bosler indicating that 4im
=eslie Bould GAe aAle to tr! the case A! this .rida! <oodnight and Coughlin had a 1inal trial "re"aration
;ideocon1erence at 4:,, "m, .rida!, 4ul! (3th, 0,(0, and the -rial Bas held on 4ul! ('th, 0,(0, though Dogan and the
7C$D tacDil! tried to tacD on an ?6C or tBo 1or the same time and court reall!, Bhat Bould !ou thinD i1 !our
nutrionist shoBed u" to !our o"erating room Cust Ae1ore !ou Bere to Ae sliced o"en Cust to get a quicD "atient ;isit
checDed o11 the old to do listI#. Dogan clearl! has Eero res"ect 1or the ?6C rule in the )4C, and, its laughaAle to thinD o1
?r. Bosler Aeing all that critical o1 the EC) "rogram 7=6 and =eB -aitel, Esq. Bho should ha;e, Aut didnFt re1use
acce"tance o1 Coughlin as a indigent criminal de1endant in the criminal tres"ass 1rom CoughlinFs 1ormer laB o11ice case
Ae1ore 4udge 7. <ardner, (( C) 0'4,+, Ae1ore he m!steriousl! AoBed out o1 the case, his good 1riend )oAerto $uentes
in his stead, alAeit, 1ailing to com"l! Bith )?C )ule +e# in 1ailing to 1ile a Britten motion e/"laining his BithdraBal
1rom the case -aitel had a clear con1lict in that he shares and o11ice, rece"tionist, 1a/ numAer, is listed on the BeAsite o1
Ne;ada Court 6er;ices>Gan e;iction consulting and "rocess ser;ice com"an!G that regularl! commits the unauthoriEed
"ractice o1 laB, and Bhich e;icted Coughlin Brong1ull! 1rom one o1 CoughlinFs rentals at NorthBind 8"artments on 4une
0*th, 0,(0 Bith the hel" o1 NC6Fs "rocess ser;er ). 7ra! 1iling a 1alse a11ida;it o1 "ersonal ser;ice Bere none Bas, in
1act, e11ected, and Bhere NC6Fs + da! unlaB1ul detainer notice Bas "er se de1icient under N)6 4,.0+3 in that it
incorrectl! listed 6"arDs 4ustice Court as the 1orum to 1ile a -enantFs 811ida;it, and Coughlin did suAmit to 64C such a
1iling....Nonetheless, )4C 4udge $earson not onl! u"held the 4une 0*th, 0,(0 e;iction NC6 Bas also aAle to get 7C6%
De"ut! ?achen ?achen, admits 7C6% =iE 6tuchell, 1iled a 1alse a11ida;it in the summar! e;iction 1rom CoguhlinFs
1ormer home laB o11ice in ?erliss ;. Coughlin, )4C )e;0,((>,,(7,*, Bhich Bas Ae1ore 4udge 61erraEEa as Bell,
alleging he e11ected "ersonal ser;ice on Coughlin o1 the E;iction %rder on No;emAer (st, 0,((, Bhen, in 1act, 6tuchell
admits, he merel! "osted the %rder on CoughlinFs 1ront door Bhen noAod! Bas home. N)C$ 'e# and N)C$ +, N6
4,.4,, and N)6 4,.0+3 GBithin 04 hours o1 recei"tG# all dictate that ?achen conducted the locDout too earl!, and
there1ore the =ocDout %rder Bas stale, there1ore CoughlinFs criminal tres"ass arrest Bas actuall! )ichard <. 3ill et alFs
tres"ass, and the )$D ;iolated 6oldal ;. CooD Count! in BrecDing sho" 1or the landlord caught on ta"e A! 3ill, and, too
Aad 1or him, his testimon! in the transcri"t 1rom that criminal tres"ass matter is arguaAl! "erCur! gi;en the ;ideoFs 3ill
himsel1 "roduced to the Cit! 8ttorne! and a ;ideota"ed inter;ieB o1 )$D 6argent ?onica =o"eE regarding Bhether or
not the )$D identi1ied themsel;es to Coughlin at the 1ormer home laB o11ice or otherBise asDed Coughlin to lea;e "rior
- 90/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to e11ecting the custodial arrest o1 No;emAer (0th, 0,((...Bhich led to the tra11ic citations outside 3illFs o11ice on
N%;emAer (+th, 0,(( Bhen Coughlin a""eared there requestin his Ballet and dri;erFs license and clientFs 1iles 1rom
3ill...Bhich led to the Gsummar! criminal contem"tG + da! Cail sta! in (( -) 0'*,, incident to the -rial on .eAruar!
07th, 0,(0 on that tra11ic citation, Cust minutes a1ter the )?C communicated Bith 7C$D ;is a ;is the %rder 1or
Com"etenc! E;aluation Dogan "rocurred incident to the clandestineHallegedl! alread! ;acated ?6C on .eAruar! 07th,
0,(0 in )4C )C)0,(0>,'+'3,, the %rder 1or Com"etenc! E;aluation signed A! 4udge Cli1ton, Aut the docDet re;ealing
4udge 6chroeder o;erseeing the hearing. 4udge 6chroeder threatened Coughlin Bith a Cail stint on 4anuar! 3(st, 0,(0 at
the e/tension hearing on )ichard <. 3illFs -$% Bhich 3ill 1iled 1or an recei;ed in a scant 4, minutes on 4anuar! (0th,
0,(0, Bhile the )$D, on 6argent 6i1reFs orders, Bas e11ecting a custodial arrest o1 Coughlin 1or Ca!BalDing in connection
Bith Coughlin "eace1ull! collecting the ;ideo e;idence o1 3ill dis"osing o1 much o1 CoughlinFs "ersonal "ro"ert!
Coughlin Bas "re;ented 1rom remo;ing all o1 it in a timel! manner gi;en 32llFs 1ailure to unlocD the AacD gate to the
AacD!ard at the o11ice and other oAstructionist measures A! 3ill#. Dogan a""ears 1or Coughlin in the gross misdemeanor
Gmisue o1 9((G case in )4C )C)0,(0>,'+'3, that stems 1rom an arrest, also A! 6argent 6i1re, Cust one and a hal1 da!s
later, on 4anuar! (4th, 0,(0 at CoughlinFs at the residence on ?ontello street Bhere Coughlin rented a room o11 Craigslist
1rom tBo indi;iduals against Bhom he later recei;ed %rders o1 $rotection, though all Bhere e;icted A! the condoFs
oBners, $arD -errace 3omeoBnerFs 8ssociation, Bhich Bas re"resented, at least at the illegal locDout hearing, A! a non>
attorne! as Bell 4udge 6chroeder granted a de1ault to $arD -errace at the suAsequent summar! e;iction "roceeding,
des"ite a 1alse a11ida;it alleging non>"a!ment o1 rent Aeing 1iled on the da! o1 the hearing, Bhereas the 3, da! notice Bas
o1 a No Cause ;ariet!, Bhere Coughlin Bas * minutes late to the stacDed calendar docDet hearing#. 7C6% De"ut!
?achen 1iled another 1alse a11ida;it o1 ser;ice in connecdtion Bith the ser;ice o1 an %rder 6etting a 3earing on )ichard
<. 3illFs ?otion to 6hoB Cause in the a""eal o1 the %rder 1or 6ummar! E;iction 1rom CoughlinFs 1ormer home laB
o11ice in )4C )e;0,((>,,(7,*#, Bhere ?achen sBore that he "ersonall! ser;ed Coughlin such notice minutes Ae1ore the
ill 1aited tra11ic citation trial Ae1ore 4udge Nash 3olmes o1 .eAruar! 07th, 0,(0 in )?C (( -) 0'*,,, Aut Bhere )?C
?arshal 3arle! actuall! e11ected the ser;ice, in a smug, smirDing manner, as i1 to sa! Ghe!, looD, Be all DnoB !ou are in
trouAle Bith 4udge .lanagan noB, tooKG in relation to CoughlinFs Ca!BalDing arrest o1 4anuar! (0th, 0,(0, Bhich 3ill
alleged somehoB Bas on contem"t Bith res"ect to an %rder Den!ing CoughlinFs -)% that Bas onl! 1iled 4anuar! ((th,
0,(0, and there1ore, not e;en constructi;el! ser;ed !et on Coughlin under N)C$ 'e##NC6 Bas aAle to con;ice ?achen
to arrest, on 4une 0*th, 0,(0, Coughlin 1or G1alse statement to a "uAlic o11icerHresistingG, Bhich DD8 9oung is currentl!
using the im"ort o1 6C) ((('# to im"ermissiAl! attem"t to le;erage a "lea agreement out o1 Coughlin ;is a ;is the
;arious other Brong1ul arrests Coughlin has Aeen suACected to this !ear, in ;iolation o1 )$C 3.*, es"eciall! Bhere 9oung
has Aeen "ro;ide !et another e/cu"lator! ;ideo demonstrating that the 7C6% 1ailed to identi1! themsel;es and or
otherBise Aeha;e reasonaAl! in ser;ing a ;oid and 1raudulentl! "rocurred locDout order on Coughlin es"eciall! in light
o1 CoughlinFs email o1 tBo da!s "rior, on 4une 0'th, 0,(0 Bhere he ga;e a Gheads u"sG to the )4C, Paren 6tancil, =iE
6tuchell, 7C6%, and the )$D Bith res"ect to the 1raudulent ser;ice o1 "rocess a11ida;it o1 "ersonal ser;ice and ;is a ;is
the insu11icient + da! notice Bhich listed the Brong 1orum to 1ile a -enantFs 8nsBer. 4udge $earson a""arentl! 1elt it
Cust to maDe Coughlin "a! 1or these unauthoriEed "ractitioners o1 laB sins...e;en Bhere NC6Fs 4e11 Chandler crossed the
Aar, a1ter dra1ting and 1ilign ;arious "leadings on Aehal1 o1 his Aehemoth cor"orate client oBning and managing
enormous a"artment com"le/es in ten states BBB.acg>am"i.com# in )4C )e;0,(0>,,(,4*. 4udge =!nch still has
Curisdiction on on o1 the sister e;ictions at NorthBind Bhere Coughlin had three rentals# in )4C )e;0,(0>,,(,4*. 2t is
curious, gi;en NC6Fs and -aitels a""arent "artnershi", es"eciall! Bith regard to the e;ent1ul cam"aigns o1 recent times in
the )4C, not to mention the 1act that -aitel noB "artners Bith 7=6 in taDing o;er the EC) "rogram Bhere Bosler could
not longer Custi1! Aeing associated Bith it, Bhilst Coughlin sues 7=6 1or Brong1ul termination, Bhich Bas, again,
according to 7=6, Aased solel! on the order A! )?C 7. <ardnerFs sister .amil! Court 4udge =. <ardner. $erha"s there
is a con1lict mine1ield doBnside to ha;ing Cust aAout e;er! 4udge in toBn maDe their Ba! to the Aench through the
"rosecutorFs seat.
>Zarate testi1ied at -rial that he called <oAleFs "hone shortl! a1ter calling a di11erent 1riends "hone soon a1ter allegedl! to
ha;e seen Coughlin retrie;e the i$hone 1rom the Gman Bith a si/>"acD o1 AeerG, and Zarate, under oath, testi1ied, e;en
a1ter 4udge 61erraEEa con1irmed Bith him care1ull! that he G"ersonall! e!e BitnessedG these things, that Zarate saB the
"hone llight u" in CoughlinFs "ocDet, then saB Coughlin 1li" the "hone o;er, and that "rior to that Zarate asDed <oAle i1
his "hone Bas missing and then alerted <oAle to the 1act that Coughlin had Cust retrie;ed a "hone 1rom the Gman Bith a
si/ "acDG. 2t seems Zarate it l!ing, or <oAle. But one o1 them has to Ae l!ing, Aecaue <oAle testi1ied that the 5.C <u!
Bhom <oAle claims to not e;en reall! DnoB at all, though Bhether <oAle DnoBs 5.C <u!Fs name Bas ne;er reall!
- 91/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
made clear# Bas the one Bho in1ormed him that Coughlin had taDen his "hone u"on <oAle returning to Bhere he had set
his "hone doBn on the ground and gone o11 to the Gother side o1 the "laEeG or "arD, Bhere <oAle Bas either GtalDing to
some 1riendsF "er ZarateFs testimon!# or right A! his 4ee" i1 !ou go A! <oAleFs 9(( call#, or, less liDel!, sDate Aoarding
(+ 1eet aBa! 1rom Bhere <oAle set his "hone doBn on Ga ledgeG according to DuraldeFs 6u""lemental Declaration.
8nother interesting inconsistenc! in <oAleFs Britten Bitness statement and <oAleFs res"onse to 4udge 61erraEEaFs
e/tremel! insight1ul question o1 <oAle at trial something to the e11ect o1 G!ou sa! Coughlin rerie;ed the "hone and Bas
on a AiDe and riding aBa!...Bas there an!thing "re;enting him 1rom 1leeing on his AiDe then, and i1 not, hoB did !ou
catch u" Bith himIG, to Bhich <oAle admitted that Coughlin did not Cust GgraA the "honeG and dart o11 on his AiDe, Aut
that coughlin Bas more meandering around, and that <oAle Bas aAle to catch u" Bith hiim A! ho""ing on his sDateAoard
and quicDl! riding it o;er to catch u" Bith Coughlin. 3oBe;er, in his Britten 7itness 6tatement, <oAle Brites that he
Gran a1ter him and asDed 1or it AacDG. 8ctuall!, <oAle entire Britten statement con1lcits Bith his oBn testimon!, that o1
Zarate, and that o1 DuraldeFs es"eciall! Bith res"ect to hoB he Aecame aBare his "hone Bas missing, Bho told him, Bho
Bas Bith him Bhen he Bent u" to Coughlin, Bho made the call to the i$hone, Bho allegedl! Bitnessed the i$hone light
u" through CoughlinFs shortFs "ocDet, Bho Bitnessed 8ustin =icht! G"la! a CoDeG on Coughlin A! attem"ting to either
reach into CoguhlinFs "ocDets or attem"ting to gi;e the im"ression that he Bould, Cust , liDe, CoDingl!, Bhile Coughlin Bas
Aeing assaulted and Aattered A! a grou" o1 *>(0 mostl! male, earl! tBent!>something sDater !ouths. <oAle Brote:
G2 Bas at the $laEe and set m! "hone doBn. 8n older man BalDed A! and graAAed it. ?! 1riends Arought it to
m! attention. here <oAle has crossed out the Bord GBeG and continues Bith: G2 ran a1ter him and asDed him 1or it AacD.
3e lied and said he didnFt ha;e it. 7e called it and saB it ringing in his "ocDet. he re1used to gi;e it AacD. 6o, 2 called
9((G.
-here is necessaril! some creati;e remi/ing o1 the order o1 e;ents <oAle and Zarate testi1ied to under oath, in
addition ot the GBho did BhatG and GBho actuall! e!e BitnessedG Bhat. 7h! e/actl! all this remi/ing is going on ma!
relate to a need to "rotect the identi1! o1 or connection to 5.C <u!, or it ma! Cust Ae <oAle and ZarateFs attem"t at
maDing <oAleFs stor! seem more s!m"athetic and less negligent, re;ealing a disturAing Billingness to lie aAout
something that could and has cost Coughlin e/"onentiall! more than Bould losing his i$hone ha;e cost <oAle. 2ts
Aordering on socio"athic Aeha;ior. 8nd in his 9(( calls and testimon! at trial <oAle re;ealed himsel1 to Ae an incrediAl!
sel1>in;ol;ed, sel1>aAsorAed indi;idual more than Billling to "er;ert the truth to ser;e his oBn ends, Bhich, at times,
in;ol;e no more than contem"tuous sel1 satis1action. Zarate Cust comes across as a gu! Bho is more than Billing to lie,
and to "ull Nicole 7atson aside and maDe sure she is in on it and doesnFt sa! an!thing more aAout the Gman Bith a si/
"acDsG threats to throB the "hone in the ri;erG. DuraldeFs testimon! e;inces a similar "attern and Billingness. 2t is as i1
all three o1 these Bitnesses actuall! Aelie;e the h!"erAole aAout laB!ers Aeing liars, and ha;e 1ashioned themsel;es into
some crude re"lica o1 Bhat the! thinD Bould Ae the most ad;antageous iteration o1 themsel;es to Aring out in a court o1
laB under oath. 8nd Bhile this Briting has Aeen ultra critical o1 DD8 9oung, DD8 9oungFs misconduct here seems
negliAile in com"arision, though the "osition he occu"ies necessaril! am"lies e/"onentiall! the consquences to societ! o1
an! such misconducdt on DD8 9oungFs "art. 8nd DD8 9oung clearl! ti"s Bitnesses o11 to Bhen the! are going into
somethign Aad 1or the 6tateFs casae A! raising his ;oice to a hgher "itch and quicDl! sa!ing somethign disnC
*H0,H(( timeline o1 ;ideos and calls and dis"atch data:
((:0(:II call 1rom 5( 5nidenti1ied ^(# allegedl! A! Zarate according to ZarateFs testimon!# to <oAleFs "ur"orted "hone
((:00:+0 "m 9(( call A! <oAle 6ourceZ2D J +,
((:04:(3 "m: V2DZ0,((,*0,Z0304(3 !ou are all on ta"e austin licht! tem"leton goAle Earate chan r"d i"hone
((:04:03 "m: V2DZ0,((,*0,Z030403 gi;e us the e11in "hone AacD r"d Brong1ul arrest
((:0':II second call 1rom 5( allegedl! A! Zarate# to <oAleFs "ur"orted "hone
((:0':0, "m second 9(( call A! <oAle 6ourceZ2D J 49
((:0': 4+ "m 9(( A! Coughlin re"orting attacD A! sDater !ouths 6ourceZ2D J +,
((:0*:,( "m start o1 ;ideo o1 arrest ,V2DZ0,((,*0,Z030*,(
6o, one reall! has to Bonder, Bh! is it that, i1 <oAleFs 9(( call o1 ((:00:+0 "m is true in his assertion that the
i$hone Bas Cust called and at least some o1 these !ouths GsaB it light u"G in CoughlinFs "ocDet...then Bh! is there no
indication either in the calls, ;ideos, or testimon! so 1ar# that an!one "ur"orted to see the call Zarate made at ((:0':II
"m similarl! Glight u" inG CoughlinFs "ocDet, must less Bh! no one, other than an a""arentl! hea;il! coached u" %11icer
Duralde "erha"s a1ter much G"lain sight, "lain 1eel, "lain smell, "lain sound doctrine legal research A! the 7CD8#
- 92/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Transcript of 911 Calls:
((:00:+0 "m 9(( call A! <oAle 6ourceZ2D J +,
((:0':0, "m second 9(( call A! <oAle 6ourceZ2D J 49
((:0': 4+ "m 9(( A! Coughlin re"orting attacD A! sDater !ouths 6ourceZ2D J +,
RETALIATORY ARREST: "Let him do his job or we will call the Nevada Bar and tell them how you cooperated
with our investigation. How's that runnin' for ya?" and "Now, your're under arrest ofr larceny. Now we can
search you incident to arrest. How's that?"
%n the ;ideoHaudio recording o1 the arrest V2DZ0,((,*0,Z030*,(# the 1ile name o1 Bhich re"resent an
accurate time stam"ing o1 the time at Bhich the ;ideo 1ile Aegan recording on *H0,H(( at ((:0*:,( "m#
3 second marD#
Coughlin: 2 am scared o1 !ou !oung Dids...!ou ha;e nothing to lose, o1 course 2Fm scared o1
!ou..."lease donFt hurt me...!ou ha;e clearl! scared meG
at a""ro/imatel! the 00 second marD )$D %11icer Duralde arri;es on the scene#
8ustin =icht!: 7e saB it light u" in his "ocDet. 3e BonFt gi;e it AacD.
)oAert DaBson: 3e BonFt gi;e us the "hone he stole.
07 second marD#
Zarate: 2 saB the Bhole thing.
0* second marD#
Duralde: Do !ou ha;e the "honeI...2s it in !our "ocDetIG
Coughlin: 7hatI
Colton -em"leton: -he i$honeK
=icht!: DonFt "la! dumA, Cust gi;e it to usK
Duralde: -he i$hone.
4( second#
Coughlin: DonFt 2 ha;e a right not to ansBer an %11icer Bhen he inquires as to Bhat is in m!
"ocDetsI 5nless this is a -err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at
doBn...
Duralde: 2t is a reasonaAle cause to do one.
Coughlin: $erha"s, !ou might Ae right.
+4 second marD#
-em"leton: 8nd i1 he calls it and it lights u" in his "ocDet, Bill that "ro;e itI
Duralde: 6et !our AiDe doBn on the ground, and mo;e o;er there 1or a "at doBn.
(:,, minute marD#
Coughlin: -his dog liDes to run aBa!, %11icer, can 2 tie it to somethingI
Duralde: -ie it to !our AiDe.
Coughlin: %Da!.
8ustin =icht!: Core!, 7e can call it. =etFs call it.
(:,0 marD#.
- 93/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Duralde: Dude, 2 am going to Ae real Bith !ou right noB, the Did Bill "roAaAl! Ae 1ine i1 !ou gi;e
him the "hone AacD, if not, we are going to get it out of your pocket and you are going to go
to jail.
.rom the (:,* marD to the (:0* marD Coughlin ties his dog to his AiDe and mo;es se;eral 1eet
south toBards the 6iena in res"onse to DFs direction.#
-em"leton: 9ou Bant to go to Cail o;er a i$hone thatFs not !oursI
=icht!: 9ou ha;e a touch screen "hone
<oAle: 6eriousl!, 2 donFt get it, !ou Cust said i$hones are "la!ed out...
(:0* marD#
Duralde: .ace that Ba!, other hand on the AacD o1 !our head...this hand on the AacD o1 !our head,
there !ou go...
(:30 marD#
Coughlin: Can, 2 sa! one thing %11icerI 2Fm a laB!er.
(:3' marD#
Duralde startled#: %Da!K strange sli""ingHclicD sound emitted on ;ideo o1 arrest at this "oint#
Coughlin: 9ou Cust touched m! CunDK %11icer, 2 donFt a""reciate !ou touching m! "enis. 2 am a
laB!er, and !ou ha;enFt e;en asDed me a question !et and !ou are handcu11ing me. 2 donFt see
hoB this is a -err! 6to". 2 Bish !ou Bould tell me Bh! !ou are "roceeding liDe this.
0:,, minute marD#
8laDsa: 9ou are a sus"ect in a larcen! o1 a "hone. 9ou ha;e Aeen identi1ied A! a ;ictim as a
sus"ect in a larcen! o1 a "hone. 7e are conducting an in;estigational sto". 7e checDed !ou 1or
Bea"ons to maDe sure that !ou do not ha;e an! Bea"ons,.
Zach: -hose !oung men assaulted me, 2 do not see them Aeing handcu11ed.
0:3+ marD#
Duralde: Dude, !ou are the one Bho is accused o1 the 1ricDinF crime.
Coughlin: 2 am accusing them o1 assaulting me.
Duralde: %Da!, and 2 am sa!ing that is un1ounded hoB are !ou inCured.
Coughlin: 5h, assault isnFt inCur!, its a""rehension o1 imminent Aodil! harm.
Duralde: %Da!, so Bhat did the! doI
Coughlin: -he! graAAed me, the! "ushed me, the! reached into m! "ocDet, and the! "ulled m!
dog 1rom me,
Duralde: 21 the! touched !ou its not assault.
Coughlin: ...8s a gang o1 sDaters, tBent! o1 them AacDed me u" into oncoming tra11ic.
3:,+ marD#
Duralde: CitiEenFs arrest. -he! BouldnFt ha;e Aeen coming a1ter !ou i1 !ou hadnFt stolen the Dids
"hone.
Coughlin: %11icer, let me tone this doBn a little Ait, oDa!. 2 ha;e res"ect 1or !ou.
Duralde: 7hat is !our nameI
Coughlin: Zachar! Coughlin, Ne;ada Bar numAer 9473.
Duralde: 2 donFt care Bhat !our Aar numAer is, Bhat is thatI 3oB does that Aare on thisI
Coughlin: 7ell, ma!Ae it Aares toBards...oDa!, !ou seem to not res"ect or Ae Billing to hear
an!thing an attorne! sa!s, !et a grou" o1 sDaters !ou Aelie;e Bholeheartedl!.
Duralde: Do !ou ha;e the "honeI
Coughlin: 2Fm not an...Bell, let me thinD aAout that....Do 2 ha;e the "honeI Do I have a right not
to answer your question?
3:4( marD#
Duralde: 1ust don't talk anymore.
Coughlin: %Da!.
3:4+#
Coughlin: Do you have a right to search my pockets right nowI
Duralde: 7hat is !our last name, hoB do !ou s"ell itI
3:++ marD#
- 94/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Coughlin: 8m 2 under arrestI
Duralde: Dude, !ou are detained 1or a crime Be ha;e e;er! right to identi1! !ou.
Coughlin: 6o, 2 thinD its under the 3iiAel case Bhere the gu! re1used to gi;e the "olice o11icer his
nameI
)osa: 2ts called (7(.(03, -err! 6to". 9ou can "ro;ide !our name or Ae arrested 1or oAstruction.
Coughlin: 9ou DnoB Bhat 2Fm talDing aAout.
)$D %11icer )osa: 9eah, 2 DnoB Bhat !our are talDing aAout.
Coughlin: 6earch incident to arrest.
)$D %11icer )osa: -hatFs not Bhat !our Aeing...!ou are Aeing detained, dude.
Duralde: 9ou are not under arrest.
Coughlin: %Da!.
4:(+ marD#
)$D %11icer )osa: Provide your name or go to jail for obstruction, and we will call the
Nevada Bar and let them know how you cooperated with our investigation, how is that
runnin' for yaI 7e are tired, and Be are Aus! tonight, Be ha;e got Aetter things to do tonight
than Ae out here and deAate the laB Bith !ou. <i;e the man !our name and let him do his CoA. 2s
there an!thing Brong Bith thatI
Coughlin: 7ell, can 2 asD !ou a questionI
)$D %11icer )osa: NoK 9ou canFt, Cust "ro;ide !our name and in1ormation or go to Cail. -hose
are !our o"tions, Be are done discussing the laB.
4:4, marD#
Coughlin: 8m 2 under arrestI
)$D %11icer )osa: 3oB man! times do 2 ha;e to tell !ou, !our are Aeing detained.
4:40 marD, dis"atch radio tra11ic can Ae heard in the AacDground 1rom the %11icerFs radio sa!ing
G3994G, the 6tate 1ailed to "roduce an! dis"atch recordings des"ite Aeing ser;ed Bith a suA"oena
and des"ite the 1act that such radio tra11ic is recorded under )$D "olicies#.
)$D %11icer 8laDsa: 8 decision has not Aeen made
4:4' marD, o11 in the distance#
6Dater ;oice, liDel! -em"letonFs: 2t Bill either light u" or ;iArate.
Coughlin: %Da!, Can 2 Cust asD a questionI
)$D %11icer )osa: 7hat is !our question.
Coughlin: 2 ha;e total res"ect 1or !ou, Aelie;e me, 2 do.
4:+( marD o11 in distance#
<oAle: He might have switched it over and or flipped it over.
(4:52 mark)
)$D %11icer )osa: 7ell then gi;e the man !our name, shoB him a little res"ect.
4:+4 marD#
<oAle: He might have flipped it over to the right if it isn't in there then.
=icth!: 9eah, that is Bhat he did.
4:+* marD#
Coughlin: Can !ou asD these Dids to AacD o11 so Be can tone doBn this situation..
)$D %11icer 8laDsa: 9ou gu!s can !ou lea;e us alongK BacD o11K 2 said 2 Bould hel" !ou out.
%Da!, alloB me to do m! CoA, oDa!I
+:,0 marD, radio dis"atch tra11ic remains audiAle#
+:,7 marD#
Duralde: NoB, !ou are under arrest 1or larcen!. NoB, Be can search !ou incident to arrest.
How's that?
Coughlin: 7ell, 2 mean, 2 Bish !ou had asDed me some questions "rior to arresting me, 2 mean, it
might looD Aetter 1or !ou.
- 95/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Duralde: 6tand u"K
+:39 marD#
)$D %11icer 8laDsa: 7ho do !ou li;e Bith, 6ir.
Coughlin: 8t this "oint %11icer, though 2 res"ect !ou, i1 !ou gu!s Bant to "la! so hardcore Bith
me, !ou DnoB...
)$D %11icer 8laDsa: 2 Bant to tr! to hel" !ou Bith !our dog and !our AiDe, Bho can taDe care o1
!our dogI
Coughlin: 2 li;e alone.
+:+0 marD, )$D %11icer Duralde remo;es CoughlinFs 3-C <0 smart"hone 1rom CoughlinFs right
side shortFs "ocDet, looDs at the screen light u" a1ter touching it, and "resses the red recording
Autton to sto" the ;ideo recording#.
Pursuant to NRS 174.234, the following are the names and
addresses of such witnesses the State intends to call in its case in
chief and or defense.
)EN% $%=2CE DE$8)-?EN-: )on )osa, %11icer 8laDsa, 6argent ?iller, 6argent 6i1re, Nicholas Duralde, )eno Cit!
8ttorne! 4ohn Padlic, Don Christensen, %11icer Chris Carter, 6argent ?. =o"eE, 6argent 4ohn -arter
Emergenc! Dis"atch $ersonnel 4essica Duralde, 6a;annah ?ontgomer!, 6cott 7eese
7itnesses: =uc! B!ington, 5. <u! "erson most aggressi;e in <oAleFs sDater !outh Arigade, Nicole 7atson, )oAert
DaBson, -anner Chan, 8ustin =icht!,
NOVEMBER 28TH, 2011 "NARRATIVE" BY RPD OFFICER DURALDE,
THREE MONTHS AFTER THE AUGUST 20TH, 2011 ARREST
G((>('399 6u""lement No
%)2<
%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours 2 Bas dis"atched along Bith )eno
$D %11icer ). )%68 to the "laEa at on a re"ort o1 a larcen! o1 a cell "hone at that
location. Dis"atch rela!ed in1ormation that the ;ictim had set his "hone doBn and
that he Bas noB calling the "hone and it Bas lighting u" in the sus"ectFs "ocDet. -he
sus"ect Bas descriAed as a Bhite male adult, 3+ !ears o1 age, 'F,0G, 0(, 2As, Bearing
a red Chicago hat and a Bhite or !elloB shirt and "laid shorts. Dis"atch also rela!ed
that the sus"ect Bas still on scene. 8s 2 Bas arri;ing Be Bere ad;ised that the! Bere
noB in the area o1 E (st 6t and N Center 6t. 2 arri;ed in that area and Bas hailed A! a
grou" o1 "eo"le on the Center 6t Bridge, at 2 contacted de1endant Zachar!
C%5<3=2N, Bho 1it the descri"tion o1 the sus"ect and Bas "ointed out A! the
"eo"le in the grou". 2 told him that i1 he had someone elseFs "hone that Be might Ae
aAle to settle the issue A! him Cust gi;ing the "hone AacD. C%5<3=2N re"lied A!
sa!ing that 2 did not ha;e enough in1ormation 1or a -err! sto". 2 told C%5<3=2N
that 2 did ha;e enough in1ormation 1or a -err! sto" and asDed him again i1 he had the
"hone. C%5<3=2N then asDed me i1 he had the right to not ansBer m! question and
2 in1ormed him that he did ha;e that right. C%5<3=2N Bas Bearing Aagg! clothing
that could conceal a Bea"on according to m! training and e/"erience. 2 then asDed
C%5<3=2N to stand u" and mo;e aBa! 1rom the grou" o1 "eo"le that had Aeen
detaining him. C%5<3=2N com"lied and 2 "er1ormed a "at search 1or Bea"ons. 8s
2 checDed C%5<3=2NFs le1t 1ront shorts "ocDet, he !elled loudl! that 2 had Cust
graAAed his "enis. 2 could 1eel an oACect resemAling a "hone in the "ocDet Aut not a
"enis. 8s C%5<3=2N Bas tr!ing to maDe a scene and Bas ;er! hesitant to 1olloB
the directions that 2 Bas gi;ing him, 2 "laced him in handcu11s. %11icers 8=8P68
and )%68 Bere there Bith me at that time. C%5<3=2N then stated that he had Aeen
assaulted A! the grou" o1 "eo"le Bho Bere Bith the ;ictim. 2 asDed C%5<3=2N i1
- 96/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
he had an! inCuries to suAstantiate the claim and he stated that he did not. 2 then
in1ormed
)e"ort %11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 3 o1 4
C%5<3=2N that the! had legal authorit! to detain him as he had Aeen oAser;ed
taDing the "hone. C%5<3=2N
continued to sa! that he Banted to "ress charges 1or assault against the "eo"le Bho
had detained him.
2 le1t C%5<3=2N Bith %11icers 8=8P68 and )%68 so that 2 could continue Bith
m! in;estigation.
Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that he has an 8""le i$hone
that he had Aought a cou"le o1
!ears ago 1or L3,,. <%B=E had set his "hone doBn on a concrete Ball in the "laEa
at and Bas
sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs 1riend, Nathaniel
Z8)8-E, then in1ormed him that
C%5<3=2N had Cust BalDed A! and taDen <%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut
C%5<3=2N stated that he did
not ha;e the "hone. <%B=E then called his "hone numAer 1rom a 1riendFs cellular
"hone and saB the screen o1
his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet. <%B=E stated that the!
didnFt hear the ringer on the
"hone Aecause the "hone Bas set to ;iArate onl!.
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe
<%B=EFs "hone 1rom Bhere
<%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t 1ront shorts
"ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating noise
coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts
Bhere 2 had "re;iousl! 1elt the
"hone 2 could 1eel the "hone ;iArating. 2 then sto""ed calling <%B=EFs "hone 1rom
the se"arate "hone and the
"hone in C%5<3 =2NFs "ocDet sto""ed ;iArating.
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the
"ro"ert! o1 another "erson ;alued
aAo;e L0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther
;eri1! his oBnershi" o1 the "hone
Aased on the "assBord 1or the "hone and calls that had Aeen made in the "re;ious
hours.
<%B=E and Z8)8-E Aoth com"leted Britten statements that are included Bith the
case "a"erBorD. 2 also "hoto
released the "hone AacD to <%B=E a1ter com"leting an E;idence $hoto )elease
Certi1icate. -he "hotos o1 the
"hone Bere AooDed into the ;eri"ic s!stem "er "rocedure.
C%5<3=2NFs dog, that had Aeen Bith him during the incident Bas taDen to the
7ashoe Count! 8nimal 6helter A!
%11icer 8=8P68, as C%5<3=2N could not contact an!one to "icD u" the dog or
care 1or it. C%5<3=2NFs AiDe Bas
taDen to the )eno $D main station and AooDed into e;idence 1or sa1eDee"ing.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout
1urther incident.
N.2
)e"orto11icer $rinted 8t
- 97/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 4 o1 4G

>DuraldeFs re"ort and DD8 9oungFs 1iling are misleading Bhere the! indicate that Coughlin told Duralde he Gdid
not ha;e enough in1ormation 1or a -err! 6to"G. 7hile s"inning the Narrati;e that Ba! surel! Bas meant to aid DD8
9oung in later suggesting that CoughlinFs Gnon>com"lianceG, GAeing di11icultG, and Guncoo"erationG can Ae read into
CoughlinFs allegedl! telling Duralde that he Gdid not ha;e enough in1ormation 1or a -err! 6to"G, Bhat Coughlin actuall!
said, ;erAatim ?en lie. 7omen lie. -a"e. donFt. lie.# can Ae gleaned 1rom the ta"e 1o the arrest, and the atual
quotation is 1ar more com"liant, res"ect1ul, docile in nature than that Bhich DD8 9oung and Duralde indicate Bas said
A! Coughlin, 1urther, Coughlin actuall! asDed Duralde a question regarding an! "otential -err! 6to", and did not, in
1act, maDe a statemetn to Duralde that Duralde, 1lat out did not ha;e su11icient Custi1ication 1or a -err! 6to"...
>-he additional disco;er! "ro;ided A! the 7C$D to Coughlin contains a m!sterious cou"le "ages that seem to
Ae titled G2ncident 3istor! DetailG Bith a heading that reads =aB 2ncident ^(030((9,G and a handBritten notation
reading G430,'*G and Bhich contains, 1or once, Aoth G$age ( o1 0G and G$age 0 o1 0G.
%n the ;ideoHaudio recording o1 the arrest V2DZ0,((,*0,Z030*,(# the 1ile name o1 Bhich re"resent an
accurate time stam"ing o1 the time at Bhich the ;ideo 1ile Aegan recording on *H0,H(( at ((:0*:,( "m#:
3 second marD#
Coughlin: 2 am scared o1 !ou !oung Dids...!ou ha;e nothing to lose, o1 course 2Fm scared o1
!ou..."lease donFt hurt me...!ou ha;e clearl! scared meG
at a""ro/imatel! the 00 second marD %11icer Duralde arri;es on the scene#
...
Zarate: 2 saB the Bhole thing.
0* second marD#
Duralde: Do !ou ha;e the "honeI...2s it in !our "ocDetIG
...
4( second#
Coughlin: DonFt 2 ha;e a right not to ansBer an %11icer Bhen he inquires as to Bhat is in m!
"ocDetsI 5nless this is a -err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at
doBn...
Duralde: 2t is a reasonaAle cause to do one.
Coughlin: $erha"s, !ou might Ae right.G
8t the 6u""ression 3earing and in -rial as Bell, the content o1 that Bhich Bas dis"atched to
Duralde Bas an im"ortant issue. 9et, similar to the G$age: ( o1 0G o1 the 6D that Bas missing in
the disco;er! "ro;ided A! the 7CD8 initiall!, the Gu"dated disco;er!G, Bhich contained the N
that seemed to so sus"iciousl! arise close in time to the ;ideo o1 the arrest Aecoming ;ieBaAle on
BBB.!outuAe.com, is missing a "age detailing e/tremel! material suACect matter as Bell.
.olloBing all 1our "ages o1 an untitled, 1our "age )$D document, the 1ourth "age o1 the 1our
reading at the Aottom o1 the "age thereo1 reads: G)e"ort o11icer )(,+,4HD5)8=DE,
N2C3%=86 $rinted 8t ((H0*H0,(( (4:+0 $age 4 o1 4G is a dis"atch related series o1
documentation, that a""ears to ha;e had G$age ( o1 3G remo;ed, as it starts on G$age 0 o1 3G and
concludes on G$age 3 o1 3G. .urther, G$age 0 o1 3G contains dis"atch logs and in1ormation that
start in medias race, Bith the 1irst entr! ha;ing a time stam" o1 ((:04:37 "m, Bhile the audio
recordings o1 the 9(( calls suAsequentl! suA"oened A! <oodnight at CoughlinFs insistence# shoB
that <oAleFs 1irst 9(( call Aares a time stam" o1 ((:0(:+3 "m, and Bithin that 9(( call <oAle
maDes the statement that the i$hone had Cust Aeen called and he saB it light u" in CoughlinFs
"ocDetG.
*H0,H(( time line o1 ;ideos and calls and dis"atch data:
((:0(:II "m: call 1rom 5( 5nidenti1ied ^(# allegedl! A! Zarate according to ZarateFs testimon!# to <oAleFs "ur"orted
"hone
((:00:+0 "m >((:0+:3, "m: 9(( call A! <oAle, dis"atcher )+',4, 6cott 7eese, call totals 0 min 3* sec mail o"erator
querries <oAle as to hoB sus"ect came to "ossess the i$hone, Coughlin heard in AacDground asserting that he is Aeing
assaulted, !ouths heard threatening to steal CoughlinFs AiDe and dog#. Dis"atch log ((:03:0' "m: EN-)9 -E&-:2CE
)2NP 8)E8 > CP .%) =8)C %. CE== $3%NE 456- > 656$
- 98/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
%6 > =%5D VE)B8= D26-) _8D): 7-3 .=%%)> E 6EC-%) E9((... 03:03:3' $)2%) )$ .=75$ -%D89 ]
(4:,0:34 + ?%)E# 03:04:(4 D26$>EN) C(+3 03:04:(4 2D C(+3 )(,+,4#D5)8=DE, N2C3%=86 03:04:37 B8CP>
E) C2+3 Duralde# ,39' )osa# 03:04:37 2D C39' )(9(*#)%68, )%N 03:04:3* 65$$ -E&-:)$ 8DVD -3E9 8)E
N%7 8- (6-HCEN-E) 6- > 656$: 7? 3+9,8 'F0 0(,=B6 B)% 382) =67 )ED C32C8<% > 732 %) 9E=
632)- 3:0+:0, 65$$ -E&-:$=82D 632)-6 > N.D > 6-2== =%5D D26-) > )$ =E.- 326 CE== $3%NE %N $%6-
8ND C8==ED -3E CE== $3%NE 8ND 2-6 =2<3-2N< 5$ 2N 656$6 $%CPE-. 03:0+:47 65$$ -E&-:)$ 786
6C)E8?2N< 8- 656$ 8ND =2NE D26C%NNEC-ED > N.2G#. 8t the ( minute 4( second marD o1 this call 8ustin
=icht! can Ae heard !elling Ggi;e us the "hone 1aggotG, Bhich quali1ies as hate s"each, and in conCunction Bith =icth!Fs
other actions this night, "resents !et another "olicital "roAlem 1or the 7CD8 and DD8 9oung, on to" o1 "rosecuting a
domestic ;iolence ;ictim, Coughlin, 1or misuse o1 9(( incident to a call Bhere this same dog, 4acDson $aBlucD 1eature
in the DecmeAer 0,(( Ne;ada =aB!er# Bent missing at the residence Coughlin shared on ?ontello street Bith his
aAusers. -he same 6argent 6i1re Bho on 4anuar! (4th, 0,(0 told Coughlin he Bas arresting Coughlin Aecause Coughlin
GDee"s "utting himsel1 in situations Bhere he is a ;ictimG also managed to get the same dog, 4acDson, lost again during a
call si/ BeeDs later, and still the Count! Bants to send Coughlin to collections 1or the animal shelter Aill.
((:04:(3 "m > ((:04:0( "m V2DZ0,((,*0,Z0304(3 !ou are all on ta"e noB 1rom le1t to right is 8ustin =icht!, Core!
<oAle, G5.C <u!G <oAle testi1ied he graAAed CoughlinFs AiDe and GBas most "h!sical and aggressi;e Bith CoughlinG,
though =eslie 1ailed to elicit a name 1or him on the record, much less a name 1or Bho made Bhat calls, Bhen, Bhere, and
Bho Bas ne/t to them#, Nathan Zarate, Colton -em"leton#
((:04:03 "m > ((:0+:,* "m V2DZ0,((,*0,Z030403 austin licht! tem"leton goAle Earate chan r"d i"hone assaulting and
Aatter! u"on Coughlin Cusrt "rior to )$D arri;ing 1rom le1t to right at start: 8ustin =icht!, Core! <oAle, -anner Chan,
G5.C <u!G, Nathan Zarate, )oAert DaBson, Bhose 1ace is clearl! ;isiAile u"on maDing a still image o1 the ('.0+ second
marD o1 the ;ideo# Coughlin is ;isiAle holding his (* "ound $eDingnese in his arms. 8t the 3 second marD, G5.C <u!G
Bhom <oAle seemed to Bant to suggest he DneB not the name o1 e;en# hands <oAle a cell "hone, Bhich <oAle then
a""ears to use to maDe a call, so, noB, it reall! should not Ae all that hard to 1igure out Bho olF G5.C <u!G is, noB should
it, "eo"leI $lease go ahead and suA"oena the accountHcallHoBnershi" records o1 the "hone used to maDe the 9(( call
<oAle made, Bhich a""ears, time stam"ing Bise, to o;erla" Bith this ;ideo taDen A! Coughlin, as that call occurred 1rom
((:00:+0 "m >((:0+:3, "m. 8t the 9 second marD <oAle is clearl! seen graAAing toBards CoughlinFs le1t 1ront "ocDet,
Bhereu"on Coughlin re"eatedl! sa!s GdonFt touch meG. -his contradicts <oAleFs testimon! as to Bhether he made an!
such attem"ts to graA an!thing 1rom Coughlin, and ZarateFs testimon! is similarl! im"eached here, though =eslie re1used
to utiliEe this ;ideo, e;en Bhere Coughlin indicated he Bould authenticate it and "ro;ide 1oundation i1 necessar! and i1
=eslie continued to re1use to seeD ha;ing the other Bitnesses do so, Bhich 4udge 61erraEEa indicated Bould Ae acce"taAle
an!Ba!s. 8t the 00 second marD =icht! maDes Bhat Zarate testi1ied as to a GCoDingG motion liDe he Bas reaching into
CoughlinFs "ocDet, Bhereu"on <oAle 1raudulentl! calls 9(( and re"orts Gsomeone Cust socDed a minorG Bhile =icht!
asserts his GAeing a minorG entitles his to assault and or committ attem"ted roAAer! u"on Coughlin Bith im"unit!.
Coughlin, at the 0* second marD indicates Gthose are mine...no, Bait, those are !oursG in re1erence to the head"hones that
Bere in =icht!Fs hand Bhen he GCoDingl!G reached quicDl! toBards CoughlinFs "ocDet and momentaril! touched Coughlin,
Bhom 1linched, Bhile holding his dog. ZarateFs testimon! at trial touches on this. 8t the 37 second marD a clear closeu"
o1 Aoth =icth! and -anner Chan a""ears. Chan is clearl! on a call on his cellular "hone, "resumaAl! maDing a 9(( or
)$D call that Bas not "roduced A! the 6tate. $lease suA"oena that and inter;ieB Chan in that regard. <oAle is clearl!
seen talDing into a "hone as Bell at 30 second and 40 second marDes o1 the ;ideo and this suggests there is other "hone
calls, Bhether to 9(( or some other )$D numAer that ha;e not Aeen "ro"ounded. -he second 9(( call A! <oAle that the
6tate "ro"ounded is time stam"ed ((:0':0, "m > ((:07:4, "m, and contains audio that does not a""ear on the ;ideo
Coughlin tooD 1rom ((:04:03 "m > ((:0+:,* "m V2DZ0,((,*0,Z030403, thereA! con1irming that an! call <oAle Bas
maDing on this ;ideo is not the 9(( call 1rom ((:0':0, "m that the 6tate "ro"ounded. $lease suA"oena e;er! 9(( call
recei;ed A! the entire dis"atch center 1or the "eriod AetBeen ((:0, "m through ((:4, "m 1or the night in question as calls
Bherein the caller did not "ro;ide a name or location and Bhere the callerFs "hone did not alloB 1or location ma""ing or
identi1ication ma! not ha;e Aeen "ro"ounded, des"ite oA;ious rele;anc!. DD8 9oung has a dut! to "ro"ound these
other calls. -he 7C$D has a dut! to see that he does, and the missing "age ( o1 3 o1 the dis"atch logs contained in the
6tateFs second "roduction o1 disco;er!, in addition to $age ( o1 0 o1 DuraldeFs Narrati;e therein should Ae "roduced as
Bell. <oodnightFs email o1 those second round o1 materials "roduced contains a "d1 that is missing those "ages. $lease
get them. $lease suA"oena those, and re;ieB the disco;er! motion 1iled A! <oodnight "re;iousl!. .urther, "lease
suA"oena the call records 1or 8ugust 0,th, 0,(( 1or the "hone that <oAle used to maDe the tBo 9(( calls that Bere
"ro"ounded. -he time stam"ing on these ;ideos Coughlin tooD on *H0,H(( is accurate, as CoughlinFs "hone Bas set to
- 99/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
automaticall! u"date the time to a satellite. $lease suA"oena <oAleFs i$hone 3< and re;ieB Bhether it contains an
a""lication that Bill alloB him to set the incoming call noti1ication to a Gscreen lights u"G onl! t!"e o1 setting, ie, no
;iArating, no ringer, Cust the screen lighting u" there are such a""lciations, "lease ha;e !our in;estigators gather
materials to su""ort this#.
((:0':II "m: second call 1rom 5( allegedl! A! Zarate# to <oAleFs "ur"orted "hone
((:0':0, "m > ((:07:4, "m: second 9(( call A! <oAle. dis"atcher: ).D0 )((707 ?%N-<%?E)9, 68V8NN83 ).
log indicates: G03:07:(( E9(( =%C8-2%N: ...65$$ -E&-:)$ C8==2N< B8CP %N 9(( 8DVF2N< 6%?E%NE 456-
32- 8 G?2N%)G > )$ 456- 682D G-3E)E 26 8 C%$ -3E)E 782VE 32? D%7NG > N%7 62<N6 =2PE 8 (,>(,
%VE) 8N %$EN =2NE 03:07:30 %N6CENE C(+3 03:07:+* 65$$ -E&-:=2NE 26 456- %$EN N%7 7H6-)8N<E
N%26E6 3E8)D > E6% D26C%NNEC-ED 62NCE %.C)6 %6 > N.2G#. During this 9(( call, <oAle claims that GBe
ha;e an adult here Bho Cust socDed a minorG a1ter the calls starts Bith <oAle a""arentl! maDing an aside to someone to
the e11ect o1 G2Fll Cust claim Be sa! him hitting himG in a 1raudulent attem"t to introduce some e/igenc! and threat o1 a
"h!sical altercation re"ort into 9((Fs and the )$DFs res"onse and a""roach to a situation liDel! caue A! <oAleFs Alase
negligence res"ecting lea;ing a someBhat ;aluaAle item on the ground in doBntoBn )eno, late at night, during a 4 !ear
"eriod o1 (+X unem"lo!ment in 7ashoe Count!, though DD8 9oung is maDing "lent! o1 mone! 1or someone Bith so
little common sense, Cudgment, or ethics#. 6Dater !ouths can Ae heard screaming threats at Coughlin and 1emale
dis"atcher is clearl! anno!ed Bith <oAleFs addled inaAilit! to 1ocus and ansBer the Aasic question o1 GBhere are !ouIG
des"ite asDing it re"eatedl!. Call total length is ( min 0, sec, high "itched audio 1eedAacD liDel! 1rom another 9(( call
Aeing made A! someone standing ne/t to <oAle# starts at the 4, second marD and continues to the end o1 the call.
((:0':4+ > ((:07:+0 "m: 9(( A! Coughlin re"orting attacD A! sDater !ouths to same male dis"atcher handling <oAleFs
1irst call, )+',4, 6cott 7eese. Call length ( min 7 secs. 2ncident 3istor! Detail document re;eals: G6tatus 6egment
03:0*:,9 "m E9(( this is the 9(( call Coughlin made at ((:0':0, "m and 9(( dis"atcher 6cott 7eese does a Boe1ull!
inadequate CoA re"orting on the call and liDel! cost Duralde and the other %11icers a chance to ha;e some more insight
into the assault and Aatter! claims that Duralde 1ound so unsuAstantiated# ^)+',4 6cott 7eese#,-E&-:)ECE2VED
8N%-3E) C8== .)%? CE== $3%NE 7H%$EN =2NE >9E==2N< 8B%5- 6-E8=2N< 8 CE== $3%NE >
C%5=D 3E8) $E%$=E C3EE)2N< G-3E C%$6 8)E 3E)EG 8ND =2NE D26C%NNEC-ED > CH.> N.2G# 7eese
did an aB1ul CoA there. %n the 9(( call Coughlin made shortl! Ae1ore the )$D arri;ed the content o1 Bhich the
res"onding %11icers couldha;e Aen alerted to during the ensuing + minutes shoBn on the arrest ;ideo Bherein Duralde
Bas allegedl! conducting his "roAaAle cause anal!sis...# clearl! heard Aeing assaulted and Aattered, and is oA;iousl!
s"eaDing into the "hone and re"orting to the o11icial on the other end the e/igent concerns he has Bhich led to him calling
9(( in the 1irst "lace, and e/"ressing the 1ear he is Aeing made to 1eel A! the comAati;e gang o1 sDater !ouths, sa!ing G2
am Aeing stood u" against a railing Bith oncoming cars...noB m! AiDes Aeing stolenG the still unidenti1ied G5.C <u!G
that <oAle and Zarate claim Bas the most aggressi;e o1 the !ouths toBards Coughlin, !et had as little a connection to the
grou" as an!one, so much so that no one a""ears to DnoB his name or identi1!, and Duralde re1used to gather it,
s"eci1icall!, though Coughlin "leaded that he do so. 5.C <u! can Ae heard sa!ing to Coughlin: Ggi;e us the 1ucDing
"hone right noB ... 2 am going to threaten !ou right noB, ?other1ucDerG to Bhich Coughlin indicates G2 am 1rightened
right noBG Bhereu"on 5.C <u! sa!s Ggood...good, gi;e him AacD his 1ucDing "hone, !ou here thatIG...Coughlin requests
1or =esie and the 7C$D to inter;ieB 7eese and call him as a Bitness at trial.
((:0*:,( "m: start o1 ;ideo o1 arrest ,V2DZ0,((,*0,Z030*,(
-hough =eslie mentioned at the 8ugust (3th, 0,(0 con1erence Bith Coughlin meant to aid in
"re"aring 1or trial that he or the in;estigator Bould undertaDe some e11orts to re;eal the e/tent to
Bhich <oAleFs call records Bould re;eal the duration o1 calls that Bere not acce"ted, or calls that
Bent to ;oice mail, or calls that Bere directed to the i$hone during a time Bhen the i$hone Bas
"oBered doBn or not GonG, =eslie ne;er 1olloBed through on such "romises, u"on Bhich
Coughlin reasonaAl! relied to his detriment. .urther, =eslieFs 1ailure to turn o;er the tele"hone
numAers and or identi1! o1 the account oBnerFs name under Bhich such calls Bere made =eslie
indicates tBo di11erent numAers Bere in;ol;ed in the three calls to and one call 1rom the i$hone#,
"articularl! Bere the ;iolent and ultra aggressi;e 5.C <u! indi;iduals heard in CoughlinFs 9((
call is, a""arentl! though =eslie re1used to undertaDe an! much s"eci1ic cross>e/amination in
this regard# not ca"aAle o1 Aeing identi1ied, not A! the )$D, not A! <oAle, and not A! Zarate
much less an! o1 the other material e!e Bitnesses the 7C$D re1used to e;en inter;ieB, much
less suA"oena ;ideo and other media 1ootage 1rom#.
- 100/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-he dis"atch logs GCalls>.or>6er;ice Details# u"dated disco;er! "roduced A! the 7CD8
indicate, on the 1irst "age 1or these logs Bhich is G$age 0 o1 3G, so...Bhere is $age ( o1 3I# that
those "ages Bere "rinted on ((H09H0,((. 4oe <oodnight Bill "roAaAl! get 1ired 1or suA"oening
these logs and audio recordings o1 the 9(( calls.
8nd, Cust in case there is an! dis"ute as to Bhether the 7CD8, )$D, or 7CD8 did "ro;ide
Coughlin the e/tremel! "ertinent G$age: ( o1 3G o1 the dis"atch logs, Coughlin has the digital
co"! o1 the "d1 that <oodnight emailed to Coughlin containing the "ur"orted u"dated disco;er!
"roduced A! the )$D, and the re1erence section Bhere the missing G$age: ( o1 3G should Ae is
1ound in a 1ile Bith the name: G(3*00'ZCoughlinZ)edacted>4.(*.(0Z"artZ(G. -his digital
accountaAilit! is liDel! the reasons Bh! =eslie and Dogan so "re1er to Cust sa! the! alread!
handed the de1endant the materials he requested in some loAA! or hallBa!, hoBe;er, Dogan
cannot e;en do that Bithout "utting his 1oot in his mouth and thoroughl! contradicts himsel1,
im"licates =eslie, and "laces se;eral 7C$D legal assistants and rece"tionists in uncom1ortaAle
"ositions Bherein the! are 1orced to choose AetBeen changing the assertions the! alread! made to
Coughlin and ado"ting the neB Dogan and =eslie "art! line, or sticDing Bith the truth.
6"eaDing ha;ing trouAle sticDing to the truth, des"ite DD8 9oungFs assertion on the record at
-rial on 8ugust 09th, 0,(( in res"onse to CoughlinFs aside during a .aretta can;as, Bherein
Coughlin "ointed out the as"ects o1 this case that relate to the 7CC ;ersion o1 "ett! larcen!
DD8 9oung "ursued in his Com"laint, ;is a ;is the GintentG requirement o1 6C) (((0# under a
Gserious o11enseG, Gserious crimeG, or Gcrime in;ol;ing moral tur"itudeG anal!sis Bherein a
tem"orar! sus"ension, at least, 1rom the "ractice o1 laB is mandated under 6C) (((, Bhich is an
aAsolute CoDe considering hoB easil! local laB en1orcement gi;e out GoAstructing and resistingG
charges, the e/tent to Bhich corru"t "rosecutors liDe DD8 9oung are Billing to attem"t to coerce
ci;il Brong1ul arrest docilit! out o1 attorne! de1endnatFs A! seeDing to le;erage such ;iolations o1
)$C 3.*, etc. 8s %11icer )osa said, do this or that Gor go to Cail 1or oAstructionG...Aut it donFt sto"
there, enCo! the tete a teteFs Bith Bar counsel "articularl! $at Ping#, the 8ssociated $ress articles
Bith the laB!er "unchlines, the Ne;ada Court 6er;ices notar!Haccom"lice to the unauthoriEed
"ractice o1 laB talDinF trash aAout !ou, the se;en da!s in Cail, the 6C) ((( $etition, etc., etc., all
Bhile Batching 7C6% De"uties and )$D 6argents, =ieutenants, and %11icer routinel! AreaD the
laB and ;iolate citiEens constitutional rights, Bhile Aeing e/ceedingl! Bell "aid to do it and
AanDru"ting Ne;adaFs schools Bith their outlandish $E)6 hustle. -hen enCo! ha;ing )?C 4udge
Nash 3olmes angr! that !ou cross e/amined )$D 6argent 4ohn -arter aAout the Bhether he had
Grecei;ed L0+,,,,, in salar! and Aene1its in 0,(( 1rom the Cit! o1 )eno...or that !ou testi1ied
that 6argent -arter lied in his testimon! concerning his retaliator! tra11ic citation o1 !ou outside
)ichard B. 3ill, Esq.Fs o11ice, or ha;ing 4udge Nash 3olmes threaten to "ut !ou in Cail i1 !ou sa!
3illFs name one more time, or ha;ing 4udge 6chroeder maDe similar threats at 3illFs -$%
e/tension hearing..or ha;ing )4C ?arshals laugh along Bith 3ill Bhen 3ill sa!s at a long
o;erdue (0H0,H(( hearing on CoughlinFs ((H('H(( ?otion to Contest $ersonal $ro"ert! =ien
connected to 3illFs e;iction o1 Coughlin 1rom CoughlinFs 1ormer home laB o11ice#, in court
during a recess that he Bould GliDe to "ut some things u" CoughlinFs ass tooG, re1erencing the
threats to G"ut m! 1oot u" !our assG that a )4C Baili11 or tBo# said to Coughlin in the )4C
Baiting room during one o1 the man! times Bhen =eslie Bas seeDing to oAstruct CoughlinFs
access to Custice and sought to le;erage the dignit! o1 the )4C Baili11Fs to accom"lish his
oACecti;es.# sentence !ou to 1i;e da!s in Cail 1or Gsummar! criminal contem"tG, 1iling Aar
grie;ances on her oBn Aehal1 and on Aehal1 o1 Cudges Bhom !ou ha;e ne;er e;en a""eared in
1ront o1, and on Aehal1 o1 .amil! court 4udges Bho are the sister o1 3olmeFs 1elloB )?C 4udge
7. <ardner, !ada and !ada.
03:04:37 "m: )(,(0( ))8(C(+3 C39'
03:04:3* "m: Em" ^ )+',4 -erminal 2D ).D(: -E&-:)$ 8DVD -3E9 8)E N%7 8- (6-HCEN-E) 6- >
656$: 7? 3+9,8 'F0 0(,=B6 B)% 382) =67 )ED C32C8<% > 732 %) 9E= 632)-
- 101/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
03:0+:0, "m: -E&-:$=82D 632)-6 > N.D > 6-2== =%5D D26-) > )$ =E.- 326 CE== $3%NE %N $%6-
8ND C8==ED -3E CE== $3%NE 8ND 2-6 =2<3-2N< 5$ 2N 656$6 $%CPE-
03:0+:47 "m: )+',4 ).D( -E&-:)$ 786 6C)E8?2N< 8- 656$ 8ND =2NE D26C%NNEC-ED
> N.2
03:0':,7 "m: )+',4 ).D( C%))EC-2%N: 786 =67 )ED C32C8<% 38- >
03:07:(( "m: )((707 -erminal 2D ).D0 =%C8-2%N: )ED8C-ED# 7-3 .=%%) > E 6ector
_$3%NE:77+ )ED8C-ED#H _C%?$:8-W- ?%B2=2-9 _6)C:79((
03:07:(( "m: 2 2 ()((707 ().D0 -E&-:)$ C8==2N< B8CP %N 9(( 8DVF2N< 6%?E%NE 456-
32- 8 G?2N%)G > )$ 456- 682D G-3E)E 26 8
C%$ -3E)E 782VE 32? D%7NG > N%7 62<N6 =2PE 8 (,>(, %VE) 8N %$EN =2NE
NOVEMBER 28TH, 2011 "NARRATIVE" BY RPD OFFICER DURALDE,
THREE MONTHS AFTER THE AUGUST 20TH, 2011 ARREST
G((>('399 6u""lement No
%)2<
%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours I was dispatched along with
Reno PD Officer R. ROSA to the "laEa at )ED8C-ED# on a re"ort o1 a larcen! o1
a cell "hone at that location. Dis"atch rela!ed in1ormation that the ;ictim had set his
"hone doBn and that he Bas noB calling the "hone and it Bas lighting u" in the
sus"ectFs "ocDet. -he sus"ect Bas descriAed as a Bhite male adult, 3+ !ears o1 age,
'F,0G, 0(, lAs, Bearing a red Chicago hat and a Bhite or !elloB shirt and "laid
shorts.
Dis"atch also rela!ed that the sus"ect Bas still on scene. 8s 2 Bas arri;ing Be Bere
ad;ised that the! Bere noB in the area o1 E (st 6t and N Center 6t. 2 arri;ed in that
area and Bas hailed A! a grou" o1 "eo"le on the Center 6t Bridge, at 2 contacted
de1endant Zachar! C%5<3=2N, Bho 1it the descri"tion o1 the sus"ect and Bas
"ointed out A! the "eo"le in the grou".
2 told him that i1 he had someone elseFs "hone that Be might Ae aAle to settle the
issue A! him Cust gi;ing the "hone AacD. C%5<3=2N re"lied A! sa!ing that 2 did not
ha;e enough in1ormation 1or a -err! sto". 2 told C%5<3=2N that 2 did ha;e enough
in1ormation 1or a -err! sto" and asDed him again i1 he had the "hone. C%5<3=2N
then asDed me i1 he had the right to not ansBer m! question and 2 in1ormed him that
he did ha;e that right. C%5<3=2N Bas Bearing Aagg! clothing that could conceal a
Bea"on according to m! training and e/"erience. 2 then asDed C%5<3=2N to stand
u" and mo;e aBa! 1rom the grou" o1 "eo"le that had Aeen detaining him.
C%5<3=2N com"lied and 2 "er1ormed a "at search 1or Bea"ons. 8s 2 checDed
C%5<3=2NFs le1t 1ront shorts "ocDet, he !elled loudl! that 2 had Cust graAAed his
"enis. 2 could 1eel an oACect resemAling a "hone in the "ocDet Aut not a "enis. 8s
C%5<3=2N Bas tr!ing to maDe a scene and Bas ;er! hesitant to 1olloB the
directions that 2 Bas gi;ing him, 2 "laced him in handcu11s. %11icers 8=8P68 and
)%68 Bere there Bith me at that time. C%5<3=2N then stated that he had Aeen
assaulted A! the grou" o1 "eo"le Bho Bere Bith the ;ictim. 2 asDed C%5<3=2N i1
he had an! inCuries to suAstantiate the claim and he stated that he did not. 2 then
in1ormed
)e"ort %11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 3 o1 4
C%5<3=2N that the! had legal authorit! to detain him as he had Aeen oAser;ed
taDing the "hone. C%5<3=2N
continued to sa! that he Banted to "ress charges 1or assault against the "eo"le Bho
had detained him.
2 le1t C%5<3=2N Bith %11icers 8=8P68 and )%68 so that 2 could continue Bith
m! in;estigation.
- 102/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that he has an 8""le i$hone
that he had Aought a cou"le o1
!ears ago 1or L3,,. <%B=E had set his "hone doBn on a concrete Ball in the "laEa
at and Bas
sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs 1riend, Nathaniel
Z8)8-E, then in1ormed him that
C%5<3=2N had Cust BalDed A! and taDen <%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut
C%5<3=2N stated that he did
not ha;e the "hone. <%B=E then called his "hone numAer 1rom a 1riendFs cellular
"hone and saB the screen o1
his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet. <%B=E stated that the!
didnFt hear the ringer on the
"hone Aecause the "hone Bas set to ;iArate onl!.
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe
<%B=EFs "hone 1rom Bhere
<%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t 1ront shorts
"ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating noise
coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts
Bhere 2 had "re;iousl! 1elt the
"hone 2 could 1eel the "hone ;iArating. 2 then sto""ed calling <%B=EFs "hone 1rom
the se"arate "hone and the
"hone in C%5<3=2NFs "ocDet sto""ed ;iArating.
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the
"ro"ert! o1 another "erson ;alued
aAo;e L0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther
;eri1! his oBnershi" o1 the "hone
Aased on the "assBord 1or the "hone and calls that had Aeen made in the "re;ious
hours.
<%B=E and Z8)8-E Aoth com"leted Britten statements that are included Bith the
case "a"erBorD. 2 also "hoto
released the "hone AacD to <%B=E a1ter com"leting an E;idence $hoto )elease
Certi1icate. -he "hotos o1 the
"hone Bere AooDed into the ;eri"ic s!stem "er "rocedure.
C%5<3=2NFs dog, that had Aeen Bith him during the incident Bas taDen to the
7ashoe Count! 8nimal 6helter A!
%11icer 8=8P68, as C%5<3=2N could not contact an!one to "icD u" the dog or
care 1or it. C%5<3=2NFs AiDe Bas
taDen to the )eno $D main station and AooDed into e;idence 1or sa1eDee"ing.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout
1urther incident.
N.2
)e"ort o11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 4 o1 4G
8 signi1icant di11erence it a""arent AetBeen the *H0(H(( 6u"". Dec and the ((H0*H((
Narrati;e Bhere the 6D reads: G2 oAtained <%B=EFs cellular "hone numAer and
called the numAer 1rom another "hone. 2 heard a ;iArating noise coming 1rom
C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone in C%5<3=2NFs "ocDet, that had Aeen ;iArating, sto""ed.G
Bhereas the N reads:
- 103/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
G2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and
touched the outside o1 his shorts Bhere 2 had "re;iousl! 1elt the "hone. 2 could 1eel
the "hone ;iArating. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate "hone
and the "hone in C%5<3=2NFs "ocDet sto""ed ;iArating.G
Notice that in neither o1 the slightl! di11erent accounts aAo;e, or in DuraldeFs
testimon! at the 6u""ression 3earing or -rial, does the 6tate or Duralde actuall!
"ur"ort that there Bas a clear connection AetBeen Duralde ending the call and the
allegedl! ;iArating "hone in CoughlinFs "ocDet ceasing to ;iArate. 6ure, the 6tate
and Duralde let the im"lication linger there, Aut, 1or some curious reason, the! sto"
short o1 actuall! attesting that there Bas an aAsolute chain AetBeen the alleged action
and oAser;ation. Nor do the! "ro;ide an! real indication o1 Bhether there Bas some
ga" or dela! AetBeen Duralde ending the call and the "hone ceasing to ;iArate, or
Bhether the amount o1 time la"sing therein might Ae reasonaAl! Ae e/"lained A!
satellite lag, call noti1ication setting "re1erences, an alarm noti1ication going o11 on a
"hone etc. Nor does the 6tate or Duralde indicate that the i$hone allegedl! started
ringing in some s"eci1ic tem"oral connection Bith Duralde "lacing a call to the
numAer <oAle "ro;ided. -he in1erence is there, sure, Aut the 6tate and Duralde sto"
short o1 actuall! attesting to it. 7h!I .urther, Bh!, i1 as the i$honeFs call records
shoB, the i$hone recei;ed an incoming call at ((:0':II "m, and dis"atch records, the
;ideos o1 the scene and the 7C$D 1ailed to suA"oena an! o1 the ;ideos that Bere
oA;iousl! Aeing collected A! -anner Chan and the other sDater !ouths, much less the
9(( calls the! made#, and Bitness testimon! 1ail to in an! Ba! indicate that the
sDater !ouths attest to ha;ing noticed the "hone light u" more than once in
CoughlinFs "ocDet Zarata testi1ied to actuall! e!e Bitnessing this himsel1 des"ite the
1act that Zarate also admitted to Aeing all the Ba! on the Gother side o1 the "arDG at
the large sometimes ice>rinD sDate "laEa in 1ront o1 Cit! 3all in doBntoBn )eno, and
1urther, Bhere Zarate claims he attem"ted to inquire Bith <oAle as to Bhether it Bas
<oAleFs i$hone that Bas Aeing held alo1t A! the si/>"acD holding ?an threatening to
GthroB it in the ri;erG A! calling the i$hone, rather than Cust asDing <oAle, Bhom
Zarate alternatel! "laces, at the time, e;en 1urther aBa! 1rom the si/>"acD man,
talDing to 1riends though <oAleFs 9(( call mentions his 4ee", Bhile the 8rrest
)e"ort mentions <oAle Bas a mere G(+ 1eet aBa!G 1rom Bhere he had set the "hone
doBnG, Cust GsDatingG#, !et the calls 1rom Zarate to <oAle assuming Zarate Bas
truth1ull! testi1!ing aAout the tBo calls he made during the rele;ant time>>Bhich
Bould mean <oAle is l!ing as <oAle said he himsel1 used his 1riendFs "hone to call
the i$hone...# are time stam"ed ((:0(:II "m and ((:0':II "m, Bith an inter;ening
9(( call A! <oAle at ((:00: "m Bherein <oAle tells the 9(( o"erator that he Cust
called the "hone and saB it light u" in CoughlinFs "ocDet, meaning the call records
shoBing a called to the i$hone at ((:0':II "m has not resulted in an! testimon! or
e;idence Aeing "ut 1orBard to suggest an!one Bitness, at the time o1 the ((:0':II "m
call the i$hone ringing, AuEEing, ;iArating, lighting u", maDing a ;iArating sound,
maDing a light soundI, sounding a light, or otherBise "roducing an! noticeaAle
stimuli....7h! notI 8nd, Bhat does the ansBer to that sa! aAout old %11icer
DuraldeFs re"eated testimon!, in res"onse to s"eci1ic "rom"ting 1rom DD8 9oung
tending to indicate DD8 9oung has Aeen getting ti""ed o11 A! CoughlinFs ;arious
7C$D Bith res"ect to -rial strateg! or im"eachment o"tions...though at the 4ul!
('th, 0,(0 -rial, DD8 9oung had a quiEEical e/change Bith 4udge 61erraEEa and
Coughlin Bhere DD8 9oung e/"lained he GBasnFt assumingG Aut he GBas assumingG
and Gits Cust clearG though he GdidnFt ha;e an! communications Bith 7C$DFs Bosler
or <oodnight aAout itG that the real reason that <oodnight 1ailed to shoB u" on the
morning o1 -rial, Bas, 1or sure, a result o1 CoughlinFs Brongdoing, Bhereu"on sage
4udge 61erraEEa "ointed out to DD8 9oung that Ghe shouldnFt assume an!thing.G#
- 104/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
But e;en more trouAling 1or the 6tateFs case, is the 1act that the call records 1or the
i$hone that night re;eal calls incoming at ((:0( "m, ((:0' "m, ((:33 "m, and an
outgoing call at ((:3' "m. %1 course, =eslie 1ailure to "ro;ide call durations to
Coughlin is grounds 1or a mistrial, and the 7C$DFs "ractices Bith res"ect to Ghiding
the AallG 1rom its clients is regrettaAle and insulting, and Cust one more e/am"le o1
the 7C$D "la!ing C98 at the e/"ense o1 Eealousl! ad;ocating on Aehal1 o1 clients.
%r "la!ing social BorDer rather than de1ense attorne!. 7ashoe Count! alread! has a
De"artment o1 6ocial 6er;ices...the 7C$D should concentrate on "ro;iding legal
de1ense to indigents, not social BorD or mental health care. But those Bith mental
health care issues donFt deser;e the rights granted to GnormalG "eo"le. 4ust asD
4udge Breen, ?D, ?3C 4udge, Bhom denied Coughlin the sanctit! o1 contract
Bhen the ?3CFs 6haron Dollarhide and )ene Biondo deciding to Gremi/G and
addHchange material terms to and 1rom the ?3C contract entered into Bith
Coughlin, something 4enni1er )ains, Esq. and the rest o1 the 7C$D re1used to 1ile
an!thing or ad;ocate Bith res"ect to on CoughlinFs Aehal1. =eslie agreed to do some
research in res"onse to CoughlinFs "ointing out the need to DnoB Bhether call
records, such as those oAtained 1or the i$hone on the night in question much less
those related to Bhether Core! <oAle actuall! did oBn the "hone, and Cust hoB he
came to "ossess it in the 1irst "lace, as <oAle has made inconsistent statements in
that regard, and Bith res"ect to hoB long he has oBned the "hone, and there is
authorit! to suggest one cannot steal 1rom one Bho doesnFt laB1ull! oBn something#.
%h, shoot, that darn Coughlin, Aeing so GoAstructionistG again, all de1ending himsel1
and e;er!thing. )eall! cutting into the Aottom line, Aeing so Gnon>com"liantG
.irst o11, the 1act that =eslie still, to this da!, re1uses to alloB Coughlin an! co"! o1
the call records 1or <oAleFs "hone 1or the time in question is unquestionaAle un1air.
-he length or duration o1 these calls is a material issue, es"eciall! Bith res"ect to
6tateFs contention DuraldeFs testimon! that the "hone ;iArating in CoughlinFs "ocDet
sto""ed ;iArating in connection Bith Duralde ending the call to the "hone <oAle
alleges is his. .urther, such a connection is duAious. 8ll "hones that are called,
Bhether set to ;iArate or light alert or ringer call noti1ication setting, Bill e;entuall!
sto" ;iArating, or lightin u", or ringing, and the 6tate "oint on noB testimon! or
e;idence to su""ort its contention and the contention seems more than merel!
im"licit here, the 6tate clearl! a""ears to Ae tr!ing to Auttress an! "roAaAle cause
anal!sis Bith this idea that, e;en i1 the "hone actuall! Bas on, and e;en i1 the "hone
actuall! Bas set to G;iArateG rather than Cust to ha;e the dis"la! screen Glight u"G
6ee E/hiAit 0 1or "roo1 that it is "ossiAle to set an i$hone 3< to a call noti1ication
setting that neither rings nor ;iArates, Aut merel! has the i$honeFs dis"la! screen
light u" to alert one to an incoming call#, the 1inder o1 1acts should 1ind some strong
in1erence that an! such ;iArating "hone in CoughlinFs "ocDet Bas, in 1act, the e/act
"hone to Bhich Duralde Bas "lacing a call as the 6tate seems to admit that the 1act
that one detained 1or larcen! o1 a "hone does not, in itsel1, maDes is so that, should
an! "hone on the detaineeFs "erson then ring, an o11icer Bould automaticall! Ae
"ro;ided the "roAaAle cause 1or conducting a search incident to arrest. )ather, the
6tate seeDs to tie the alleged ceasing to ;iArate o1 a "hone in CoughlinFs "ocDet Bith
%11icer Duralde ending to call to Bhat he Aelie;es is the numAer o1 the "hone
allegedl! stolen. -he 6tate "ut on no e;idence or testimon! to the e11ectd that
cellular "hones, and i$hones in "articular, cease ringing in an! sort o1 close or
e/"ected tem"oralit! Bith the ending o1 such an outgoing call attem"t. 2ndeed,
man! smart"hones, such as an i$hone 3< are in1initel! customisaAle, and their
oBners are aAle to control minute details Bhich 4udge 61erraEEa indicated
CoughlinFs gras" o1 is Bithout equal, Aut that also seem to cause Coughlin to get
GAogged doBn Bith, to the "oint Bhere !ou ha;e trouAle distinguishing the 1orest
1rom the trees...G# such as the numAer o1 rings or light u"s, or ;iArates# a "hone Bill
- 105/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
register Ae1ore sending such an incoming call to ;oicemail. -he 6tate "ut on no
testimon! as to hoB man! such rings <oAleFs "hone Bas set to, nor did the 7C$D,
<oodnight, or =eslie, No;aD, or Carlson, undertaDe an! sort o1 research or
in;estigation in that regard.
.urther, =eslie has com"letel! 1ailed to quer! Duralde Bith res"ect to Bhether, aside
1rom merel! allegedl! touching the "hone in CoughlinFs Gle1t 1ront shorts "ocDetG
and <oAle testi1ied Coughlin Bas Gde1initel! Bearing "antsG, Bith the GAacD o1G his
hand, e;er so Arie1l!...though the 6D and the N, as Bell as DFs -rial testimon!
neglect to indicate Bhether D discerned the i$hone Gsto""ed ;iAratingG ;ia the sense
o1 sound D claims to ha;e Gheard the i$hone ;iArating 1rom CoughlinFs "ocDetG,
though the ;ideoHaudio o1 the arrest and the ;ideo o1 the minutes immediatel! "rior
to the arrest Aoth 1ail to !ield an! discerniAle stimuli Bhatsoe;er to su""ort DuraldeFs
testimon! and Britten 6D and N statements that he could hear the "hone ;iArating
1rom CoughlinFs le1t 1ront shorts though =eslie 1ailed to asD Duralde Bhether
Duralde "laced his hand on CoughlinFs le1t 1ront short Cust "rior to maDing the call,
or Bhether Duralde made the call, discerned the sound o1 the ;iArating, Bhich then,
o1 course, "ro;ided him e;en more 1irm "roAaAle cause 1ooting to conduct e;en
more o1 a -err! 6to" GBea"ons checD "at doBnG, des"ite Duralde admitting that he
had alread! deduced Coughlin "osed no threat and had no Bea"onsG...though !ou
can Ae sure that, Bith enough time and ad;ance notice Duralde and the 7CD8 Bill
Ae aAle to hooD u" an G%riginal 6u""lementG to DuraldeFs "re;ious accounts o1 the
matter that Bill seeD to em"lo! Duralde 1irst Ghearing the "hone ;iAratingG as a
means o1 Auttressing Duralde onl! then G"lacing the AacD o1 his hand on the le1t
1ront shortFs "ocDet BhereG he Gearlier 1elt Bhat he Aelie;ed to Ae the i$honeG 1or
Gonl! the Arie1est o1 momentsG to 1urther con1irm that the ;iArating Duralde Bas
GhearingG Bas actuall! the ;iArations o1 the oACect Duralde Aelie;ed to Ae a "hone in
CoughlinFs "ocDet. 8nd !ou can Ae sure that the 6tate and Duralde Bill indicate that,
and its not liDe an!one could "a! =eslie enough mone! to actuall! "ursue this line
o1 questioning on CoughlinFs or, reall!, an! de1endantFs Aehal1#, no, Duralde did not
mani"ulate the oACect in CoughlinFs le1t 1ront "ocDet that he Aelie;ed to Ae <oAleFs
i$hone in such a manner as Bould alloB Duralde to ;isiAl! con1irm Bhether the
i$hone screen Bas Glighting u"G, liDe sa!, A! squeeEing the oACect Cust enough to
mo;e the dis"la! screen aBa! 1rom CoughlinFs leg, at enough o1 an angle, 1or an!
Glighting u"G o1 the i$honeFs screen meant to indicate an incoming call to Ae re;ealed
to Duralde. No, o1 course not, right. E;en i1 Duralde has estaAlished that merel!
Ghearing the i$hone ;iArating 1rom CoughlinFs le1t 1ront shortFs "ocDetG Bas not quite
enough to con1irm his sus"icions and Cust 1orget aAout DuraldeFs introductor! threat
to Coughlin ten seconds into Duralde arri;ing on scene that Coughlin could Ggi;e the
Did AacD his "hone or 2 am going to search !ou and !ou are going to go to CailKG, and
all the re;elations such commentar! entails Bith res"ect to DuraldeFs "re>te/tual
assertions concerning all the Gin;estigationG he did to cull together su""ort 1or his
G"roAaAle cause to arrest, 1or a 1elon!, and conduct a search incident to arrestG, or the
retaliator! nature and tone o1 DuraldeFs G3oBFs thatIG catch"hrase right a1ter
in1orming Coughlin that Gnow, !ourFre under arrest 1or larcen!, now 2 am can search
!ou incident to arrestG, said Bhile cu11ing Coughlin and shortl Ae1ore Duralde
slammed CoughlinFs head into the trunD lid o1 DuraldeFs "atrol ;ehicle, 1or aAsolutel!
no reason Bhatsoe;er and 1or Bhich Coughlin com"lained o1 and sought medical
care 1or da!s 1rom the 7CDC#, Bhich echoed %11icer )osaFs G3oBFs that runninF 1or
!aIG !ie $ard, %obo&'op, %ambo&esque (9*,Fs action mo;ie st!le al"ha>male
"unctuations# rememAer, all testimon! or e;idence A! an!one other than Duralde
re1ers to onl! seeing the i$honeFs screen Glight u"G...noAod! else claims to ha;e
heard the i$hone G;iAratingG Bhile the ringer Bas on silent...#
8nd, rememAer, Zarate, again 1rom all the Ba! across the sDate "laEe, testi1ied,
under oath, that he e!e Bitnessed Coughlin G1li" it o;erG in his "ocDet so the screen
- 106/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
lighting u" Bhen called Bould not Ae ;ieBaAle through CoughlinFs shortsG>>Aut, Bhat
good Bould that Ae, Zarate, i1, Duralde, and "rsumaAl! other human Aeings, could
Ghear the i$hone ;iAratingGI# DuraldeFs "re;ious, Bhich Aoth coincide tem"orall!
"ro;en A! digital timestam"ing# Bith Aoth the ((:0':II and ((:33:II incoming calls
indicated on the i$honeFs call records#, taDing Bith a high de1inition ;ideoHaudio
camcorder incor"orated into CoughlinFs high end and 1ailr! neB 3-C <0
smart"hone, located a mere (, inches aBa! in CoughlinFs right 1ront shortFs "ocDets,
in shorts that Bere Bhite Bith Alue "laid and thin enough, allegedl!, 1or the light
1rom an i$hone screen Aeing ca"aAle o1 Aeing discerned through the 1aAric, to hear
Bitness Zarate tell it, 1rom Gacross the "arDG see "hotogra"hs in E/hiAit 4 including
aerial ;ieBs o1 the geogra"! o1 the sDate "lace, de1initel! not gathered A! 7C$D
No;aD or Carlson, as Coughlin is Gnot the AossG o1 them.... such a slight, innocuous
in;asion that DD8 9oung 1inds it hardl! mentionaAle, though, to Ae sure, DD8
9oung Bould attest the touching "ersisted long enough to "ro;ide some su""ort 1or
the Git sto""ed ;iArating Bhen Duralde sto""ed calling it angleG, as DD8 9oung,
alBa!s liDes to ha;e it Aoth Ba!s...he liDes to Ae aAle to amend his Com"laints u" to
the deadline to 1ile a ?otion 1or )elie1 1rom 4udgment sarcasm# Bhile arguing that
de1endnats e;en oneFs Bho had such ?otions "ending 1or si/ months or Bho Bere
licensed attorne!s Bhen the! 1iled a Notice o1 8""earance and 6uAstitution o1
Counsel to re"resent themsel;es, as Coughlin did, in .eAruar! 0,(0# Arought their
?otion to 8""ear as Co>Counsel or )e"resent themsel;es Gtoo lateG such that it
Bould "reCudice Gthe administration o1 CusticeG....unn!, DuraldeFs Narrati;e 1iled
three months a1ter the arrest Bas not Gtoo lateG 1or DD8 9oung. 2ndeed, the )4C
1ile in this case re;eals one 1iling A! DD8 9oung Bith a hand Britten "ost>it note
"laced on the 1irst "age, ne/t to the Ca"tion that reads Gha;e the 4udge read this
Ae1ore the hearingG des"ite the 1iling date on the suAmission Aeing less than 7 da!s
Ae1ore the hearing....that is "ro1essional misconduct, and attem"t to, on an e/ "arte
Aasis, ha;e his 1ilings considered on an in1ormal G?otion 1or %rder to 6horten -imeG
or emergenc!, e/igent Aasis, Bithout in1orming o""osing counsel o1 his attem"t to
do so. -hen, in )C)0,(0>,'+'3,, Bhere DD8 9oung, in 1iling his ?otion to
8mend Com"laint 1rom a gross misdemeanor charge o1 Gmisuse o1 emergenc!
ser;icesG to a misdemeanor, sure, Aut one that Bould ha;e 1ar greater ad;erse
consequences to CoughlinFs license to "ractice laB asD 2n )e BecDett or some o1 the
other 6C) ((( $etition )es"ondentFs Bhose con;iction o1 such a crime, Bhich
contains one o1 the elements under 6C) ((('# that Bould requiring the mandator!
1iling A! Bar Counsel o1 an 6C) ((( $etition to 6us"end oneFs laB license Bhether
the! Bould "re1er that "articular gross misdemeanor to such a misdemeanor. 8
charge carr!ing a lesser "enalt! is not alBa!s "re1eraAle to e;er! de1endant. 8
"olice o11icer ma! "re1er to taDe a "lea deal to a Gresisting arrestG charge com"ared
to a Gdomestic ;iolenceG related o11ense should the consequences a11ect his right to
carr! a 1irearm, and, consequentl!, his aAilit! to remain em"lo!ed in his chosen
"ro1ession. 8 long haul trucDer ma! "re1er a domestic ;iolence charge to a recDless
dri;ing charge, regardless o1 the 1ine or "ossiAle incarceration attached to either
charge gi;en the ;astl! di11erent real Borld consequences attached to each charge.
4udge 61erraEEa gets this, and that is Bh!, at the No;emAer 0*th, 0,(( ?6C Bherein
7C$D <oodnight sought to, e;er so disengenousl! and that seems to Ae a CoA
quali1ication amongst those BorDing 1or ?r. Bosler# oAtain an %rder alloBign his
7ithdraBal 1rom re"resenting Coughlin, Cust moments a1ter a 3earing Bas
conducted at Bhich <oodnight standing Aehind the G1iling counter ?otionG 1iled A!
Parl 3!lin, Esq., the 7C$D Bho 1illed in 1or CoughlinFs original a""ointed counsel,
Bhom at that 6e"temAer *th, 0,(( hearing that Bas nothing more than 3!lin
indicating to Coughlin, in a side con1erence room that he BasnFt going to do much at
all to de1end Coughlin, then 3!lin reacting to remonstrance o1 such a "osition A!
throBing a tiEE! 1it and maDing a G1iling counter motionH6B*9 requestG to the 1iling
o11ice counter, Bhereu"on one o1 the counter clerDs retrie;ed 3!lin a signed %rder
- 107/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1or Com"etenc! E;aluation A! 4udge 6chroeder Bhich indicates, on its 1ace, that a
G?otion A! CounselG Bas 1iled and that such an %rder Bas entered Ga1ter a 3earingG.
3!lin sought and recei;ed that %rder 1or Com"etenc! E;aluation on 6e"temAer *th,
0,((. )ememAer, Coughlin Bas arrested 1or "ett! larcen! o1 a cand! Aar at 7al>
?art on 6e"temAer 9th, 0,((, the con;iction 1or Bhich is the sole reason 1or the
current tem"orar! sus"ension o1 his laB license, in "lace since 4une 7th, 0,((, Bhen
an electronic ser;ice email announcing the %rder o1 that da! Bas emailed to
Coughlin at 3:3* "m, Bhich is interesting considering Coughlin had Cust earlier that
da!, at ((:3* am emailed 7ashoe Count! District 8ttorne! )ichard <ammicD, and
DD8 9oung an email Bherein Coughlin, e;er so res"ect1ull!, attem"ted to "ut
1orBard his ;ieBs on the inequit! o1 alloBing <oAle to assault and Aatter Coughlin
Bith a lit cigarette "roCected at 1rom tBo 1eet aBa! A! <oAle and hitting CoughlinFs
le1t shoulder all ca"tured on ;ideo, see attached E/hiAit 3, Bhich Bas attached to
that 4une 7th, 0,(( email to 7CD8 <ammicD and DD8 9oung, and Bhich, u"on
in1ormation and Aelie1, resulted in immunit! Aeing "ro;ided to <oAle in e/change
1or his testimon! Bith res"ect to an! assault, Aatter!, Bitness tam"ering, or attem"ts
to dissuade one 1rom testi1!ing charges that <oAle ma! ha;e 1ace in res"onse to
CoughlinFs immediate re"ort to the )$D, CoughlinFs "ro;iding ;ideo o1 the incident
and indicating a desire to "ress charges, Aoth to the )$D and to the 7CD8 and
)eno Cit! 8ttorne!, all Bhich Bent unres"onded to. Com"are that to )ichard <.
3ill signing his oBn Criminal Com"laint 1or criminal tres"ass against Coughlin,
Bhich the )$D "rom"tl! acted on A! e11ecting a custodial arrest on Coughlin and
1or all the GcomAo hearingsG, such as the one on 4ul! ('th, 0,(( that sought to
comAine this. Com"are that to, again, )ichard <. 3ill, E6q. calling the )$D on
4anuar! (0th, 0,(0 and managing to ha;e Coughlin suACect to a custodial arrest 1or
GCa!BalDingG, merel! Aecause Coughlin dared to stand on a "uAlic side BalD can
collect e;idence o1 the "ro"ert! 1rom CoughlinFs 1ormer laB o11ice that 3ill Bas
insisting Ae taDen to the toBn dum" and destro!ed rather than alloB Coughlin to
remo;e and ha;e es"eciall! Bhere 3ill G1orgotG to taDe the chained "ad locD o11 the
AacD !ard gate to CoughlinFs 1ormer home laB o11ice on the da! Coughlin Bas
a11orded, A! 4udge 61erraEEa, to remo;e his Aelongs AetBeen 9 am and + "m, suACect
to a requirement that Coughlin use the 1irst hour and a hal1 to in;entor! Bhat Bas
missing or damaged liDe the screen to the e/"ensi;e la"to" that Coughlin
disco;ered Bas cracDed, or the 1act that ;ideo dri;ers had Aeen loaded onto
CoughlinFs desDto" hard dri;e on DecemAer 'th, 0,((, during the time such "ro"ert!
Bas in 3illFs e/clusi;e "ossession and control, the in1erence Aeing that 3ill or his
agents Bere too stu"id to realiEe that merel! taDing the hard dri;e out o1 CoughlinFs
desDto" and attem"ting to co"! or access it A! some other means Bas not assured to
lea;e an e;identiar! trail as to Bhat is liDel! se;ere "ro1essional misconducted on
3ill and or Case! BaDer, Esq.Fs "art# -rial Bith tBo other ?6CFs, and Dogan and
DD8 9oungFs e/"ectations that the ?6CFs 1or CoughlinFs other cases Bere onl!
going to taDe a second or tBo, as DD8 9oung is heard sa!ing on the audio at the
start o1 the 8ugust 09th, 0,(( -rial in )C)0,((>,'334(, Bherein a con;iction could
Bell end the legal career o1 a one Bho has li;ed in Ne;ada his entire li1e, Bent to
C.C. ?enelle! Elementar! 6chool in <ardner;ille, Douglas Count!, 6Bo"e ?iddle
6chool and )eno 3igh 6chool in 7ashoe Count!, recei;ed a B.6. in Biolog! 1rom
5N), and a 4.D. in 0,,( the inaugural !ear degrees Bere aBarded A! Bhat ma! Ae
Ne;adaFs G1irstG laB school, Bith "ro"er res"ects to the G%ld College o1 =aBG in
)eno, r.i."., Bhere 1ormer )$D %11icer and current 40 56C 6ec. (9*4 ci;il rights
attorne! 4. 8ndre Boles, Esq. graduated 1rom#, Bas, at one time, )eno 3igh 6choolFs
all>time leading scorer in AasDetAall, a National ?erit .inalist>though the legitimac!
o1 such designation has Aeen Arought into douAt A! <oodnightFs alleged inclusion
therein>, one o1 the 1eB registered "atent attorne!Fs Bith the 56$-% in Northern
Ne;ada, Bho has Aeen acti;e in =aB!ers Concerned 1or =aB!ers 1or nearl! a
decade, son o1 a 4udge 7his"erer and $rogram Coordinator 1or Ver! 6"ecial 8rts
- 108/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ne;ada, a non>"ro1it !outh arts outreach organiEation, and de;oted son and Arother
Bhose 1amil! li1e has Aeen more ra;aged A! this entire ordeal than Bords are ca"aAle
o1 "ronouncing...#
>8lso, =eslie 1ailed to 1olloB u" on the im"roAaAle recounting A! Duralde Bhere the
o11icer "ur"orts to ha;e Aeen conducting a GBea"ons checD "at doBnG o1 Coughlin,
then recei;ed and indication 1rom Coughlin that Coughlin did not a""reciate Duralde
touching CoughlinFs "enis incident thereto, Bhereu"on Duralde "laced Coughlin in
handcu11s in retaliation, on then to continue on Bith this GBea"ons checDG -err!>
st!le G"at doBnG o1 Coughlin, e;en though, Coughlin, A! that "oint, had his hands
cu11ed Aehind his AacD, three )$D %11icers in his immediate ;icinit! 1ocused on him
and armed Bith Bea"ons and recording de;ices, and a ro;ing "acD o1 Ailious sDater
!ouths standing on continuing to "elt Coughlin Bith in;ecti;e and ill Bill, all Bhile
CoughlinFs three !ear old (* "ound Alond $eDingese, 4acDson $aBlucD, stood lo!all!
on, a1ter Aeing set doBn on the ground in the arrest ;ideo Coughlin can Ae seen
holding in his arms Bhile Coughlin stands accosted this (* lAs dog, the e/igenc! o1
the sDater !ouths re"eatedl! tr!ing to graA aBa! 1rom Coughlin his dog and AiDe
their threats and attem"ts to do so are ca"tured Aoth on ;ideo and in the 9(( calls,
Aoth o1 Bhich =eslie re1used to utiliEe during the 6u""ression 3earing or the -rial,
though =eslie did de;ote consideraAle e11ort to demonstrating Cust hoB much !oga
he Bas Billing to do to tBist and turn his Gattorne! tactics>client merel! has some
in"ut as to the oACecti;esG schticD into something that Bould accom"lish =eslieFs
oA;ious goals..."lease the 7CD8 and )$D, and eliminate the "reser;ation o1 an!
issues Coughlin ma! "oint to as a grounds 1or a""eal....urther, =eslie assertions that
Coughlin chose not to testi1! at the 6u""ression 3earing are Cust "lain 1alse, and
Coughlin should not Ae 1orced to stand u" in court DicDing and screaming that he
Bants to testi1! on his oBn Aehal1 to "ro;e that, all Bhile 4udge 61erraEEa re"eatedl!
cautions Coughlin that he is aAout to throB Coughlin Cail 1or contem"t e;er!time 4im
=eslie sDill1ull! mani"ulates the )4C Baili11Fs, the record, or the attorne!>client
Grelationshi"G, or =eslieFs trans"arent and 1ecDless haAit o1 G"utting on the record m!
reminder to the Court and ?r. Coughlin that 2 ha;e a dut! to taDe certain actions
should it Aecome a""arent that ?). Coughlin is or has doneG this or that, or =eslieFs
tired attem"ts to im"l! that Coughlin somehoB did an!thign Brong Bhatsoe;er that
led to CoughlinFs "re;ious a""ointed counsel 1or o;er one !ear in the i$hone "ett!
larcen! matter m!steriousl! and onl! minutes Ae1ore the -rial on 4ul! (7th, 0,((
Aeing "ulled o11 the case, and re"laced Bith an indi;idual Bhom Coughlin had
alread!, on the record, indicated to ;arious Courts Bas oA;iousl! attem"ting to Aad
mouth Coughlin, on the record, at e;er! o""ortunit!, Bhether as someone sitting in
court, Aehind the Aar, and e;en Bhere not listed as CoughlinFs attorne! o1 record and
Bhere Coughlin has "re;iousl! made e/"licit indication that he Banted no contact
Bith or in"ut 1rom =eslie in light o1 =eslieFs horri1ic lacD o1 ethics or 1idelit! to the
6i/th 8mendment...6o, 4im =eslie can tr! all he Bants to "ut something on the
record aAout hoB Coughlin chose not to do this or that, Aut that Cust is not the case,
and, 1urther, =eslie needs to e/"lain Bh! he constantl! has sought to a;oid in an!
Ba! entering into the record or using 1or im"eachment "ur"oses the ;arious media
recordings made a;ailaAle to him# and tied to CoughlinFs AiDe in case $aBlucD might
choose to go on a Co! run, as has Aeen his Bont in the "ast#
>8nother interesting question that neither DD8 9oung or =eslie asDed Duralde Bas
Bhether the i$hone he retrie;ed 1rom CoughlinFs "ocDet Bas "ositioned in
CoughlinFs "ocDet in such a Ba! that the dis"la! screen that Bould Glight u"G to
indicate an incoming call according to <oAle and ZarateFs testimon!# Bas, in 1act,
G1li""ed o;erG in such a Ba! that Bould "re;ent, or at least, diminish an e!e
Bitnesses aAilit! to discern the i$honeFs screen Glighting u"F during an incomign call,
- 109/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
such as one Bould e/"ect Bhen, according to the i$honeFs call records, such an
incoming call is indicated as occuring at ((:0':II "m, though none o1 the Bitness
testimon! or other e;idence introduced all this time has made an! indication o1 such
an occurrence, much less the 1act that no Bitnesses, other than Duralde, a1ter Bhat
a""ears to Ae a hea;! round o1 G"lain touch, sight, smell, and 1eelG laB!ering
daAAled on DuraldeFs 8rrest )e"ort and 6D.
7hile <oodnight certainl! did a Aetter CoA than =eslie, the 7C$D has so 1ar 1ailed
to des"ite CoughlinFs 1iling, Bhich Bere in 1act Coined in A! <oodnight and Bosler,
des"ite =eslieFs contentionFs at -rial, and Bhich Bill Ae a "art o1 the record gi;en
DD8 9oungFs .eAruar! 07th, 0,(0 %""osition to ?otion to 8""ear as Co>counsel
and it Bas a Notice o1 8""earance Coughlin 1iled suAstituting himsel1 in, no %rder
is needed 1or that, etc..# Bas 1iled at 0:++"m on 0H07H(0, there1ore it is the 1ugiti;e
document here, not CoughlinFs gi;en the N)6 dictate against 1iling an!thing u"on an
%rder 1or Com"etenc! E;aluation Aeing entered, as one Bas at (:3( "m on 0H07H(0.
)egardless, CoughlinFs oBn 1ilings ha;e Aetter "reser;ed the issue o1 Bhether the
detaining itsel1 Bas Custi1ied. =eslie seems to ha;e "ut all o1 his and there1ore,
CoughlinFs# eggs in one AasDet at the 6u""ressio 3earing on 8ugust 09th, 0,(0,
oA;iousl! not e;en ;aguel! "re"ared to argue that the arrest and 62-8 Bere not
Custi1ied e;en Bhere, as 4udge 61erraEEa "osited the scenario to =eslie, the
in1ormation gleaned 1rom the -err! 6to" G"at doBnG is com"letel! throBn out. 2ts a
legitimate issue, and =eslie has a Aad haAit o1 not "reser;ing things 1or a""eal,
choosing, instead, to 1ocus on the one or tBo issues he 1eels are the de1endantFs Aest
chance, Bhich is risD! gi;en hoB ;astl! di11erent each indi;idual Cudge and laB!er
can ;ieB things:
7as the detaining o1 Coughlin Custi1iedI:
Ne;ada has codi1ied the boundaries an officer must observe before making an
investigative stop and detention of a person. 8 "eace o11icer is authoriEed to
Gdetain an!
"erson Bhom the o11icer encounters under circumstances Bhich reasonaAl! indicate
that the
"erson has committed or is aAout to commit a crime.G N)6 (7(.(03(#. -he Ne;ada
6u"reme
Court has 1urther clari1ied the statutor! standard, sa!ing:
G$ursuant to this standard, in order to Custi1! a sto" and detention,
the "olice o11icer must Ae aAle to "oint to s"eci1ic and articulaAle
1acts Bhich, taDen together Bith rational in1erences 1rom those
1acts, lead the o11icer reasonaAl! to conclude, in light o1 his
e/"erience, that criminal acti;it! ma! Ae a1oot.G 6tuart ;. 6tate, 94
Ne;. 70(, 700 (97*#.
-here is a legitimate argument to Ae made that, gi;en the 1act
Coughlin himsel1 made a 9(( call to re"ort assault, Aatter!, and attem"ted
roAAer! A! the sDater !ouths at ((:0' "m, and that the dis"atch records
1rom the tBo calls A! <oAle and the one 9(( call A! Coughlin, Bhich are
transmitted to the )$D %11icers on the scene, do not "resent
Gcircumstances Bhich reasonaAl! indicate that the "erson has committed or
is aAout to committ a crime.G <i;en the 1acts in total, as ;ieBed A!
Duralde at the time he detained Coughlin, Duralde Bould need to Ae GaAle
to "oint to s"eci1ic and articulaAle 1acts Bhich, taDen together Bith rational
in1erences 1rom those 1acts, lead the o11icer reasonaAl! to conclude, in light
o1 his e/"erience, that criminal acti;it! ma! Ae a1oot.G .ine, sa!s the D8
and Duralde. Coughlin Bas sus"ected o1 ha;ing committed a larcen!. 8h,
- 110/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Aut Bait. Duralde Bas "ri;! to the dis"atchers indications that the "hone
Bas set doBn in the sDate "laEe A! <oAle, Bho 1ailed to attend to it.
-herein, lies a reasonaAle in1erence that the "hone Bas 1ound A! someone.
<i;en the ruling in Cli11ord, one Bho lacDed a criminal intent at the time
of such a finding or receiving, is not guilt! o1 larcen!, regardless o1
Bhate;er 1elonious intent the! ma! ha;e suAsequentl! 1ormed, i1 an!. 6o,
gi;en that, Duralde cannot legitimatel!, or technicall! claim to Ae aAle to
ha;e 1elt criminal acti;it! Bas a1oot, and there1ore the detaining o1
Coughlin Bas im"ro"er and Coughlin re"eatedl! asDed i1 he Bas under
arrest and, in general, ga;e indication that he Banted to DnoB Bhether or
not he Bas 1ree to lea;e, e;er so "olitel!#.
2n Ne;ada, its is ;er! im"ortant to consider Bhether the
requisite intent Bas there at the time o1 the alleged act
constituting the1t. 2n this case, clearl!, that it Bas not "ossiAle
1or such intent to Ae "resent at the time o1 the GtaDingG. Intent
of finder: E;er! taDing A! one "erson o1 the "ersonal "ro"ert!
o1 another Bithout his consent is not larcen!: and this although
it is taDen Bithout right or claim o1 right. 6u"eradded to this
there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an
intent to con;ert them aAsolutel! to his oBn use must coe/ist
Bith the act o1 1inding. 2f such intent does not exist at the
time of the finding, Aut, instead, the 1inder intends to restore
the "ro"ert! to the oBner, a subsequent concealment, or
fraudulent appropriation, does not constitute larceny.
Ne;ada: State v. Clifford, 14 Nev. 72, 33 Am. Rep. 526
1879# .
- 111/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 re;ieB o1 the in;estigator! ;ideos collected A! Coughlin 1rom the da!s
immediatel! 1olloBing his release 1rom 7ashoe Count! 4ail a1ter a 7 da!
sta! there incident to the *H0,H(( arrest re;eal a great deal o1 in1ormation
that the 7C$D and =eslie ha;e 1ailed to utiliEe, des"ite Aeing ser;ed Bith
these materials. -em"leton admits he did not see Coughlin retrie;e the
"hone 1rom the Gman Bith a si/ "acDG Bho held it alo1t. DaBson, in one
;ideo, "oints to Bhere he alleges Coughlin retrie;ed the "honde, then
"oints to the other end o1 the sDate "arD to indicate Bhere <oAle Bas
located at the time.
-he 7C$DFs 1ailure to "reser;e this issue 1or a""eal, much less "ut
1orBard a con;incing argument thereto, is mal"ractice. .urther, the 7C$D
and =eslie Bill not Ae aAle to suggest that he or the! met the standard the!
t!"ical!l deli;er to an! other criminal de1endant, as Coughlin has "ro;ided
the 7C$D Bith thousands o1 dollars o1 legal BorD, legal research,
in;estigator! BorD, e/cu"lator! ;ideos, etc., etc. -he 7C$D Bill need to
meet a certain standard that accounts 1or the 1act that it has had the
o""ortunit! to Aene1it 1rom an e/traordinarl! moti;ated and gi1ted attorne!
de1endant client consistentl! "utting 1orBard ma/imum e11ort to 1urther the
de1ense o1 the case. Des"ite this, =eslie has stuAAornl! clung to his idea
aAout hoB Coughlin should Ae Aeha;ing, and the e/tent to Bhich =eslie
should enCo! a consequence 1ree "osition at the 7C$D. 6ame Bith No;aD.
3oBe;er, the standard o1 care Bill shoB otherBise.
1or tomorroBFs resum"tion o1 the -rial in rcr0,((>,'334(I
9H,4H(0
)e"l! I
Zach Coughlin
-o Cleslie]Bashoecount!.us
.rom:
Zach Coughlin Eachcoughlin]hotmail.com#
6ent:
-ue 9H,4H(0 4:0( $?
-o:
Cleslie]Bashoecount!.us
3otmail 8cti;e VieB
(( attachments total '.9 ?B#
am Cur "l..."d1
DoBnload(0+3.7 PB#
result te..."d1
DoBnload'77.7 PB#
terr! sto..."d1
DoBnload+7(.( PB#
"lain 1ee..."d1
DoBnload30,.+ PB#
am Cur "a..."d1
DoBnload(7.+ PB#
DoBnload all as Ei"
?r. =eslie,
9our sta11 admitted to me that it did not mail out the letter that !ou "ur"ort
Bas sent to me maDing me aBare o1 either o1 the court dates mentioned in
the emails 1rom !ou and Bira! Dogan, AeloB. .urther, the reasons
-em"leton and DaBson didnFt shoB u" 1or the hearing on the ?otion to
6u""ress and the -rial Bas Aecause on 4ul! ('th, 0,(0, Bhen Bosler sat in
- 112/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1or <oodnight, the Court indicated that Bitnesses did not need to Ae there
1or the 8ugust 09th, 0,(0 3earing on the ?otion to 6u""ress, as,
de"ending u"on hoB it Bas decided, there attendance might not Ae
necessar!, as there might not Ae a trial. Nonetheless, the 1ailure o1 those
Bitnesses to shoB u" Bas grounds 1or seeDign a continuance, Bhich !ou
re1used to do des"ite m! e/"ress mandate that !ou do so 1or Aoth the
6u""ression 3earing and the -rial.
2n the e;ent 2 must "ersist Bith !our re"resentation, "lease maDe use o1 the
attached materials and "lease suA"oena !our assistant =inda <ra! to testi1!
at the ?ardsen hearing. 2t is "reCudicial to maDe me a""ear to the D8 and
the Court to Ae aAsentee as
.rom:
=eslie, 4im 4leslie]Bashoecount!.us#
6ent:
?on *H,'H(0 0:4+ $?
-o:
Zach Coughlin Eachcoughlin]hotmail.com#
?r. Coughlin:
8s !ou DnoB, 2 re"resent !ou in se;eral o1 !our "ending cases. 9ou Bere
scheduled 1or a "retrial con1erence toda! in )eno 4ustice Court in the
)esisting case in )C)(0>,'79*,. 9ou did not a""ear. 3oBe;er, as a
result o1 m! ad;ocac! on !our Aehal1, no Aench Barrant Bas issued. -he
trial 1or the )esisting case Bas set 1or 6e"temAer (*, 0,(0, at 9 am in )4C.
9ou also ha;e a trial in the larcen! case, )C)((>,'334(, on *H09H(0 at 9
am in )4C o1 Bhich alread! ha;e Aeen noticed.
2 Bould liDe to BorD Bith !ou to "re"are 1or the trials. 21 !ou Bish, 2
suggest Be schedule a time to meet here at our o11ices to discuss and
"re"are 1or the larcen! trial 1irst, since it is 1irst in time on the trial
calender. ?! calender a""ears to Ae clear 1or monda! morning *H(3H(0 at
(, am. $lease let me DnoB i1 that BorDs 1or !ou. $lease understand that 2
ha;e a Aus! caseload and cannot meet Bith !ou on the s"ur o1 the moment,
and thus m! request in this email to set u", in ad;ance, a time to meet and
"re"are. 2 ha;e Aeen re;ieBing the 1ile in the meantime in antici"ation o1
BorDing Bith !ou.
2 am not aBare o1 !our current residence status, so i1 !ou ha;e a "h!sical
address to Bhich 2 can send corres"ondence and documents, "lease let me
DnoB. 8lso, "lease ad;ise o1 a "hone numAer at Bhich 2 can contact !ou,
to 1acilitate our communication.
8lso, 2 recommend !ou communicate Bith the D8Fs o11ice through me,
rather than sending emails as a""ears AeloB. 8s !ou DnoB 1rom !our legal
training, direct communications Bith ad;erse "arties and their counsel can
ha;e the e11ect o1 Bai;ing the con1identialit! o1 the attorne! client
"ri;ilege, and 1or !our "rotection 2 "re1er to a;oid that risD.
-hanD !ou, and 2 looD 1orBard to assisting !ou in !our cases.
4ames B. =eslie, Esq.
Chie1 De"ut! $uAlic De1ender
7ashoe Count! $uAlic De1enderFs %11ice
3+, 6outh Center 6treet
.i1th .loor
)eno, NV *9+,9
(>*,,>7'0>*,3(
Direct Dial: 77+>337>4*0*
.a/: 77+>337>4*+'
Email: Cleslie]Bashoecount!.us
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
.rom: BDogan]Bashoecount!.us
- 113/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-o: Eachcoughlin]hotmail.com
6uACect: Court
Date: -ue, 0( 8ug 0,(0 00:,0:37 `,,,,
?r. Coughlin,
-oda! !ou had a scheduled ?6C hearing in )eno 4ustice Court. 3oBe;er,
!ou did not a""ear. %n 8ug. ,7, m! o11ice sent !ou a letter addressed to
$.%. Bo/ 39'( )eno, NV *9+,+. -his letter Bas not returned to sender.
-he D8 Bas going to issue a Barrant 1or !our arrest, Aut 2 requested to go
in on the record and mo;ed success1ull! to continue !our case. No Barrant
Bas issued. -he Cudge ad;ised that he Bould issue a Barrant i1 !ou did not
a""ear 1or !our ne/t scheduled court a""earance.
9our ne/t court date is on 8ugust 09, 0,(0 at 9:,, 8.?. 2 Bill see !ou
then.
Bira! Dogan
During the ?otion to 6u"ress ?r. =eslie did a numAer o1 things that ma! tend to indicate he is "ur"ose1ull! tr!ing
to BeaDen an! a""eal Coughlin might ha;e incident to these "roceedings Bhile also managing to "re;ent an!thing
Aeing introduced into the record that might tend to u"set =eslieFs, the 7C$D, et alFs "olitical and "ro1essional
allies:

=eslie did the 1olloBing:

>re1used to "ursue a line o1 questioning des"ite CoughlinFs e/"ress desire that he do so that address:

Bhether the D8 granted immunit! 1rom "rosecution to an! o1 the Bitnesses. -his is "articularl! "ertinent Bith
res"ect to <oAle, Bhom assaulted and Aattered Coughlin, un"ro;oDed on 4une +th, 0,(0 in an incident that Bas
caught on ;ideota"e A! Coughlin, and Bhich he re"orted immediatel! to the )$D, Bhom 1ailed to in;estigate or
otherBise a""l! the laB to <oAle in an! manner commensurate Bith that Bhich the D8 and )$D are noB a""l!ing
the laB to Coughlin. .urther, Coughlin re"orted to the )$D sometime in mid>?a! 0,(0 that he had located the red
<ar! .isher ?ountain BiDe that he "re;iousl! re"orted as stolen incident to a NV Energ! BorDer going Aehind the
latched>closed AacD!ard gate at CoughlinFs 1ormer home laB o11ice on %ctoAer 4th, 0,(( and, unnoticed u"on
Coughlin, suddenl! turning o11 CoughlinFs "oBer incident to a Aad 1aith cracD Gins"ectionG Cust hours later A!
Case! BaDer, Esq. and )ichard <. 3ill, Esq. on Aehal1 o1 neurosurgeon landlord ?erliss in )4C summar! e;iction
"roceeding )EV0,((>,,(7,*, on or on aAout the da! that CoughlinFs -enantFs 811ida;it Bas due in the )4C
incident to a + da! unlaB1ul detainer Notice 1or a No Cause E;iction Aeing "osted on CoughlinFs door>im"ortant
Aecause, Coughlin, as a commercial tenant, should not ha;e Aeen suACect to such a summar! e;iction "roceeding
Bhere ?erliss 1ailed to ser;e a Non>$a!ment o1 )ent E;iction Notice....hoBe;er, 4udge 61erraEEa and it 1eels
un1air to Ae o;erl! critical o1 4udge 61erraEEaFs a""roach in that matter gi;en the ;ast sco"e o1 suACect matter that
all 4ustice Court 4udges in Ne;ada must ha;e a master!# alloBed the summar! e;iction to "roceed, alAeit noticing
it as a G-rialG, im"ermissiAl! requiring Coughlin de"osit L0,07+ in Grent escroBG#. 5"on Coughlin re"orting to the
)$D that he had s"otted the red <ar! .isher ?ountain BiDe that Bas stolen 1rom his o11iceFs AacD !ard to the )$D
the AiDe Bas locDed u" at the <rand 6ierra )esort at a AiDe racD#, )$D %11icer =ooD Bhom a""lied e/cessi;e
1orce to CoughlinFs Brist on 4anuar! (0th, 0,(0 Bhile arresting Coughlin 1or GCa!BalDingG incident to Coughlin
"eace1ull! 1ilming )ichard <. 3ill, Esq.Fs contractor, $hil 6teBartFs creB loading the remainder o1 the "ersonal
"ro"ert! Coughlin Bas unaAle to remo;e 1rom the 1ormer home laB o11ice during the scant time he Bas a11orded to
do so under the )4C %rder# arri;ed Bith another o11icer and latched onto the 1irst con;enient e/cuse 1or Bh! the!
Bere choosing to re1use to res"ond to CoughlinFs re"ort or otherBise aid Coughlin in ha;ing the locD 1rom his AiDe
remo;ed and "ossession o1 the AiDe returned to Coughlin. 6mug commentar! aAounded 1rom Aoth )$D %11icers.
-he )$D has 1ailed to res"ond to numerous other re"orts A! Coughlin this !ear concerning ;iolations o1 criminal
laB committed u"on Coughlin. -he "olice res"onded Bith e/treme 1er;or to 7al>?artFs re"ort o1 Coughlin
allegedl! consuming a Gcand! Aar and cough dro"sG incident ot the 6e"temAer 9, 0,(( "etit larcen! arrest 1or
Bhich CoughlinFs laB license Bas sus"ended on 4une 'th, 0,(0 in res"onse to a con;iction 1olloBing the
No;emAer 3,th, 0,(( -rial Ae1ore )?C 4udge 3oBard, Bhom denied Coughlin counsel under the 6i/th
8mendment, des"ite 8ingersinger Aeing included in 3oBardFs Bench BooD, and Bhom continued to 1ind Coughlin
guilt! o1 summar! contem"t and sentence Coughlin to three da!s in Cail 1or such contem"t, des"ite 4udge 3oBard
- 114/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"re;iousl! assuring Coughlin that he Bould 1ace no Cail time in connection Bith the trail in )?C (( C) 00(7' in
light o1 3oBardFs ruling den!ing Coughlin his 6i/th 8mendment right to counsel.

>cross e/amine <oAle as to the inaccuracies in <oAleFs testi1mon! at trial that he Aought the i$hone himsel1 aAout 3
!ears ago ;ersus that attriAuted to <oAle in DuraldeFs Narrati;e therein <oAle is quoted as sa!ing his Arother
Aought it 1or him as a Christmas gi1t three !ears ago#.

>cross e/amine Zarate as to Bhether Zarate Bas amongst the grou" o1 three !ouths to a""roach Coughlin
demanding the "hone this grou" included (7 !ear old 8ustin =icht!, <oAle, and a seemingl! unidenti1ied man that
<oAle claims to not e;en reall! DnoB#.
>im"each the testimon! o1 Zarate, <oAle, and Duralde ;ia use o1 the e/cul"ator! ;ideos 1rom the arrest and "eriod
immediatel! "rior to it "ro;ided to the 7C$D and the 7CD8. <oAle is clearl! seen graAAing at Coughlin in a
;ideo, Bith Zarate Batching on, Bhich clearl! contradicts ZarateFs testimon! that the "h!sicial aggressi;e he
Bitnessed Coughlin suACect to Bas a GCoDingG attem"t A! =icht! to reach into CoughlinFs "ocDet in one ;ideo,
=icht! is seen glee1ull! announcing that, Aecause he is a minor, he can do things liDe that Bithout 1acing
re"ercussions, Bhereu"on Coughlin reminds the grou" that the (3 !ear old accom"lice in the then recent murder o1
0+ !ear old 6te"hen <ale, Bhich occurred Cust se;eral AlocDs aBa! tBo months "rior, liDel! Bould not Ae immune
1rom "rosecution under such a theor! and that e;er!one in;ol;ed in the then occurring incident should remain calm
and "eace1ul#.

st in mind o1 "er"etrator, at time o1 taDing, s"eci1ic intent "ermanentl! to de"ri;e oBner o1 his "ro"ert!, and taDing
Bith intention to return "ro"ert!, or taDing Bithout intention "ermanentl! to de"ri;e oBner o1 his "ro"ert! Bill not
amount to larcen!, e;en though "er"etrator, a1ter gaining "ossession o1 "ro"ert!, 1ormed that intent.

21 a charging instrument alleges that the accused GtooDG the "ro"ert! o1 another, "roo1 o1 merel! recei;ing the
stolen "ro"ert! might not su""ort a the1t con;iction. 4.B. ;. 6tate, 74* N.E.0d 9(4 2nd. Ct. 8"". 0,,(#.

Q (4*. 8llegations as to "ro"ert! stolenV%Bnershi" and "ossession 7estFs Pe! NumAer Digest 7estFs Pe!
NumAer Digest, =arcen! D4,9#, 4,(,# -he oBnershi" or "ossession o1 the "ro"ert! stolen must Ae "ro;ed as
alleged in the indictment, and i1 the "roo1 shoBs that the "ro"ert! Bas oBned A! another, there is a 1atal ;ariance.
R.N(S -he allegation as to Bho Bas the oBner is material, since the consent o1 the oBner can Ae a de1ense.R.N0S 21
an indictment 1or larcen! 1ails to allege the e/istence o1 a "erson Bith title or a s"ecial "ro"ert! interest in the
stolen "ro"ert!, then the indictment contains a 1atal ;ariance.R.N3S R.N(S CartBright ;. 5.6., (4' ..0d (33
C.C.8. +th Cir. (944#: 6tate ;. 7einstein, 004 N.C. '4+, 3( 6.E.0d 90,, (+' 8.=.). '0+ (944#. No 1atal ;ariance
e/isted AetBeen an indictment and the "roo1 o11ered at trial 1or the 1elon! o11ense o1 aggregate the1t o1 more than
L0,,,,,,, as although the de1endant argued a 1atal ;ariance e/isted since she Bas charged Bith stealing mone!
1rom the oBner o1 the com"anies in the indictment and the state "resented e;idence at trial that some stolen mone!
Bas the "ro"ert! o1 di11erent entities, testimon! estaAlished that the oBner oBned all the entities that Bere in;ol;ed
in the alleged ;ariance and that the de1endant did not oBn an! interest in the com"anies, and thus, the oBner, 1or
"ur"oses o1 the trial, Bas considered the oBner o1 the mone!. )euter ;. 6tate, 0,,' 7= 34*(4' -e/. 8"".
3ouston (st Dist. 0,,'#. R.N0S $eeD ;. 6tate, 39 8la. 8"". (9*, 9' 6o. 0d 7,' (9+7#. R.N3S 6tate ;. Cra!cra1t,
(+0 N.C. 8"". 0((, +'7 6.E.0d 0,' 0,,0#.

8s to recei;ing stolen "ro"ert!, generall!, see 8m. 4ur. 0d, )ecei;ing and -rans"orting 6tolen $ro"ert!.

7estFs Pe! NumAer Digest, =arcen! D07

4im,

- 115/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2ts not <oAleFs i$hone. 2n DuraldeFs Narrati;e <oAle is quoted sa!ing his Arother Aought it 1or him three !ears ago.
2n his sBorn testimon! in court on * 09 (0, <oAle testi1ied that he Aought it himsel1. 6o, i1 Coughlin did ha;e some
dut! to return it to the true oBner, then 1ailing to return it to <oAle Bould not e;ince a larcenous intent. Coughlin
has request 1or 7C$D =elsie to suA"oena records 1rom the carrier intended to e;idence oBnershi" o1 the "hone 1or
the last 1i;e !ears and to suA"oena <oAleFs GArotherG 1or im"eachment "ur"oses.

8lso, <oAle testi1ied as to this a""arent stranger to he and his 1riends one o1 the initial three to a""roach Coughlin
in a hostile grou" accosting. 6omehoB, one gets the im"ression <oAle is "rotecting this "erson or hiding
something. 2t is not clear that his name Bas e;en re;ealed in the testimon!, !et <oAle identi1ied him as the one
Aeing the most aggressi;e Bith Coughlin ie, tr!ing to "ull CoughlinFs AiDe and or dog aBa! 1rom him and "erha"s
more#. 9et, <oAle e/"ects the listener to Aelie;e he "rett! much Cust met the gu!, and the gu! is that ardent in
su""ort o1 <oAleI 3uhI

R.N0S ?odel $enal Code QQ 003.0 to 003.9.
21 the "ossession o1 "ro"ert!, as distinguished 1rom its custod!, is laB1ull! oAtained 1or a

laB1ul "ur"ose, there can usuall! Ae no larcen!.R.N(3S 5nder some the1t statutes, hoBe;er,

laB1ul "ossession 1olloBed A! unlaB1ul Bithholding or a""ro"riation is the1t.R.N(4S 6trictl!

s"eaDing, a "ossession is not acquired laB1ull! Bhen it is induced A! 1raud or 1alse re"resentations,

or Bith the intent to steal the "ro"ert!.R.N(+SR.N(0S 8s to the e11ect o1 the oBnerFs nonconsent to the taDing, see
QQ 00 to 33.

8s to a taDing A! the 1inder o1 lost or mislaid "ro"ert!, see QQ *' to **.

8s to the distinction AetBeen "ossession and mere custod!, see Q *(.

R.N(3S QQ *, to *+.

R.N(4S <ri11in ;. 6tate, '(4 6.7.0d (++ -e/. Crim. 8"". (9*(#.

R.N(+S Q 30.

8s to a taDing against the Bill o1 the oBner or Bithout his or her real consent, see QQ

00 to 33.

R.N('S 6techer ;. 6tate, 0,0 7is. 0+, 03( N.7. ('*, 7, 8.=.). 0,3 (93,#.

R.N(7S

Q 9*. <enerall!: recei;ing "ro"ert! 1rom 1inder

7estFs Pe! NumAer Digest

7estFs Pe! NumAer Digest, =arcen! D07

-he mere 1act that a "erson con;erts to his or her oBn use goods 1ound A! him or her does not, as a matter o1 laB,
maDe that "erson guilt! o1 the1t, Aut the question must Ae determined 1rom the attending circumstances.R.N(S %ne
Bho recei;es "ro"ert! 1rom the 1inder thereo1 assumes, in legal contem"lation, A! ;oluntar! suAstitution, as to the
- 116/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"ro"ert! and the oBner, the relation occu"ied A! the 1inder.R.N0S 2n such a case, Bhether or not the "erson taDing
the "ro"ert! is guilt! must Ae determined on the same "rinci"les that go;ern in the case o1 the actual 1inder.R.N3S

R.N(S 8tDinson ;. Birmingham, 44 ).2. (03, ((' 8. 0,+, 3' 8.=.). 3'' (900#.

R.N0S 6tate ;. =e;ine, 79 Conn. 7(4, '' 8. +09 (9,7#: 7illiams ;. 6tate, ('+ 2nd. 470, 7+ N.E. *7+ (9,+#: ?ills
;. Erie ). Co., '3 ?isc. 07*, ((3 N.9.6. '4( 8"". -erm (9,*#.

R.N3S 6tate ;. =e;ine, 79 Conn. 7(4, '' 8. +09 (9,7#: 7illiams ;. 6tate, ('+ 2nd. 470, 7+ N.E. *7+ (9,+#: ?ills
;. Erie ). Co., '3 ?isc. 07*, ((3 N.9.6. '4( 8"". -erm (9,*#.

Q 9*. <enerall!: recei;ing "ro"ert! 1rom 1inder
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D07
-he mere 1act that a "erson con;erts to his or her oBn use goods 1ound A! him or her does not, as a matter o1 laB,
maDe that "erson guilt! o1 the1t, Aut the question must Ae determined 1rom the attending circumstances.R.N(S %ne
Bho recei;es "ro"ert! 1rom the 1inder thereo1 assumes, in legal contem"lation, A! ;oluntar! suAstitution, as to the
"ro"ert! and the oBner, the relation occu"ied A! the 1inder.R.N0S 2n such a case, Bhether or not the "erson taDing
the "ro"ert! is guilt! must Ae determined on the same "rinci"les that go;ern in the case o1 the actual 1inder.R.N3S
R.N(S 8tDinson ;. Birmingham, 44 ).2. (03, ((' 8. 0,+, 3' 8.=.). 3'' (900#.
R.N0S 6tate ;. =e;ine, 79 Conn. 7(4, '' 8. +09 (9,7#: 7illiams ;. 6tate, ('+ 2nd. 470, 7+ N.E. *7+ (9,+#: ?ills
;. Erie ). Co., '3 ?isc. 07*, ((3 N.9.6. '4( 8"". -erm (9,*#.
R.N3S 6tate ;. =e;ine, 79 Conn. 7(4, '' 8. +09 (9,7#: 7illiams ;. 6tate, ('+ 2nd. 470, 7+ N.E. *7+ (9,+#: ?ills
;. Erie ). Co., '3 ?isc. 07*, ((3 N.9.6. '4( 8"". -erm (9,*#.
Q (,,. =ost "ro"ert!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D07
=ost "ro"ert! ma! Ae the suACect o1 larcen!.R.N(S .or a "erson to Ae guilt! o1 the common>laB o11ense o1
misa""ro"riation o1 lost "ro"ert!, tBo elements must coe/ist at the time the 1inder disco;ers the lost "ro"ert!: the
1inder must intend to con;ert the "ro"ert! aAsolutel! to his or her oBn use, and the circumstances surrounding the
1inding must a11ord some reasonaAle clues 1or determining the identit! o1 the right1ul oBner.R.N0S 2n the aAsence
o1 the coincidental e/istence o1 these tBo elements at the time o1 the 1inding, there is no larcen!.R.N3S -he ?odel
$enal Code "ro;ides that a "erson Bho comes into control o1 "ro"ert! o1 another that the "erson DnoBs to ha;e
Aeen lost, mislaid, or deli;ered under a mistaDe as to the nature or amount o1 the "ro"ert! or the identit! o1 the
reci"ient is guilt! o1 the1t i1, Bith "ur"ose to de"ri;e the oBner thereo1, the "erson 1ails to taDe reasonaAle
measures to restore the "ro"ert! to a "erson entitled to ha;e it.R.N4S
%Aser;ation:
-he rules go;erning the larcen! o1 lost or mislaid "ro"ert! a""l! Bith equal 1orce Bhere the "ro"ert! lost or
mislaid is 1ound concealed in another article Bhich the 1inder had acquired legitimatel!.R.N+S
-he general rule is that an intent on the "art o1 the 1inder to con;ert the "ro"ert! to his or her oBn use or to de"ri;e
the true oBner thereo1 must coe/ist Bith the act o1 1inding and the reduction to "ossession in order to maDe out the
o11ense, and that i1 it does not, as Bhere the 1inderFs intent at that time is an innocent one, such as the restoration o1
- 117/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the "ro"ert! to its oBner, he or she is not guilt! o1 larcen!,R.N'S e;en though he or she later changes his or her
mind, determines to con;ert the "ro"ert!, or 1raudulentl! conceals or a""ro"riates it.R.N7S -he 1inder o1 lost goods
ma! laB1ull! taDe them into his or her "ossession, and i1 he or she does so Bithout an! 1elonious intent at that time,
a suAsequent con;ersion o1 them, A! Bhate;er intent that con;ersion is accom"anied, Bill not constitute larcen!.
R.N*S 8?45) =8)CEN9 Q (,, $age 0 +, 8m. 4ur. 0d =arcen! Q (,,
%Aser;ation:
8 larcenous intent ma! Ae in1erred 1rom the 1act that the 1inder, DnoBing or ha;ing the immediate means o1
ascertaining the oBner, concealed the 1inding instead o1 maDing reasonaAle e11orts to restore the "ro"ert! to him or
her.R.N9S
R.N(S =ong ;. 6tate, 33 8la. 8"". 334, 33 6o. 0d 3*0 (94*#.
R.N0S 6tate ;. Cam"Aell, +3' $.0d (,+ 8lasDa (97+# o;erruled on other grounds A!, PimoDtoaD ;. 6tate, +*4
$.0d 0+ 8lasDa (97*##. 2t is larcen! Bhere de1endants "icDed u" the Ballet o1 another, DnoBing it Bas hers,
and 1ailed to return it to her although ha;ing the o""ortunit! to do so. 3unt ;. 5.6.,
3(' ..0d '+0 D.C. Cir. (9'3#. R.N3S $eo"le ;. Betts, 3'7 2ll. 499, (( N.E.0d 940 (937#: Calhoun ;. 6tate, (9(
?iss. *0, 0 6o. 0d *,0 (94(#: 8tDinson ;. Birmingham, 44 ).2. (03, ((' 8. 0,+, 3' 8.=.). 3'' (900#.
R.N4S ?odel $enal Code Q 003.+ 0,,(#. 8s to larcen! o1 mislaid "ro"ert!, see Q *7. R.N+S $eo"le ;. 3oAan, 04,
2ll. 3,3, ** N.E. *,' (9,9#: 6tate ;. 3a!es, 9* 2oBa '(9,
'7 N.7. '73 (*9'#: )oAinson ;. 6tate, (( -e/. 8"". 4,3, (**0 7= 9('( Ct. 8"".
(**0#. R.N'S =ong ;. 6tate, 33 8la. 8"". 334, 33 6o. 0d 3*0 (94*#: 6tate ;. Courtsol, *9 Conn. +'4, 94 8. 973
(9(+#.
R.N7S Calhoun ;. 6tate, (9( ?iss. *0, 0 6o. 0d *,0 (94(#.
R.N*S =ong ;. 6tate, 33 8la. 8"". 334, 33 6o. 0d 3*0 (94*#: =aBson ;. 6tate, 0+7 2nd. +39, 07' N.E.0d +(4
(97(#. R.N9S <riggs ;. 6tate, +* 8la. 40+, (*77 7= (397 (*77#: 6tate ;. Briscoe, (9 Del. 7,
3 $enne. 7, +, 8. 07( <en. 6ess. (9,,#: Berr! ;. 6tate, (9(, %P C) (7*, 4 %Dla.
Crim. 0,0, ((( $. '7' (9(,#.
V22. De1enses
-o"ic 6ummar! Correlation -aAle )e1erences
Q (,0. Claim o1 right
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D0'
8 good>1aith Aelie1 in oneFs right to "ro"ert! is a de1ense to the charge o1 the1t.R.N(S 8 claim>o1>right de1ense to a
larcen! charge arises Bhen there is a dis"ute regarding a de1endantFs 1elonious intent at the time o1 the taDing.R.N0S
-he de1ense that a the1t de1endant tooD "ro"ert! under a good>1aith claim o1 title negates the essential element o1
- 118/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the intent to steal,R.N3S and it sa!s a de1endant cannot Ae guilt! o1 the1t i1 he or she taDes "ro"ert! under a good>
1aith suACecti;e Aelie1 that he or she has the rights o1 oBnershi" or is entitled to "ossession o1 the "ro"ert!.R.N4S
-he claim>o1>right de1ense a""lies in a larcen! "rosecution e;en i1 the de1endantFs good>1aith Aelie1 in his or her
legal right to taDe the "ro"ert! at issue is mistaDen or unreasonaAle.R.N+S
$ractice <uide:
$ursuant to a statute go;erning claim o1 right, to inCect the issue o1 a claim>o1>right de1ense, the de1endant has the
Aurden o1 adducing e;idence that Bould demonstrate that he or she had an honest Aelie1 that he or she had a right to
taDe the "ro"ert! that Bas allegedl! stolen.R.N'S
-he ?odel $enal Code "ro;ides that it is an a11irmati;e de1ense to "rosecution 1or the1t that the actor: (# Bas
unaBare that the "ro"ert! or ser;ice Bas that o1 another: 0# acted under an honest claim o1 right to the "ro"ert! or
ser;ice in;ol;ed or that he or she had a right to acquire or dis"ose o1 it as he or she did: or 3# tooD "ro"ert!
e/"osed 1or sale, intending to "urchase and "a! 1or it "rom"tl!, or reasonaAl! Aelie;ing that the oBner, i1 "resent,
Bould ha;e consented.R.N7S
C5?5=8-2VE 65$$=E?EN-
Cases:
E;idence that de1endant, a de"ut! sheri11, Bas told A! high ranDing o11icial in sheri11Fs de"artment that he and other
de"uties could taDe Bhate;er "ro"ert! the! Banted 1rom a sur"lus 8?45) =8)CEN9 Q (,0 $age 0 +, 8m. 4ur.
0d =arcen! Q (,0
Barehouse, that the de"uties then used their "ersonal ;ehicles to taDe some o1 the "ro"ert!, and that most o1 the
"ro"ert! Bas descriAed as CunD, old, and BrecDed Bas su11icient to su""ort Cur! charge on de1endantFs good>1aith
claim o1 right de1ense in "etit larcen! "rosecution Aased on de1endantFs remo;al o1 1i;e neB tires 1rom the
Barehouse, des"ite e;idence that de1endant concealed his acquisition o1 the tires and attem"ted to re"lace them
Bhen he learned he Bas Aeing in;estigated. ?cPinne!Fs $enal =aB Q (++.(+(#. $eo"le ;. Zona, (4 N.9.3d 4**,
9,0 N.9.6.0d *44, 90* N.E.0d (,4( 0,(,#.
REND %. 65$$=E?EN-S
R.N(S 8l1aro ;. 6tate, *37 6o. 0d 409 .la. Dist. Ct. 8"". 4th Dist. 0,,0#. R.N0S $eo"le ;. Cain, 03* ?ich. 8"".
9+, ',+ N.7.0d 0* (999#. R.N3S 6tate ;. )aAalais, 7+9 6o. 0d *3' =a. Ct. 8"". 3d Cir. 0,,,#: 6tate ;. ?ora,
((, 7ash. 8"". *+,, 43 $.3d 3* Di;. 3 0,,0#. R.N4S 6tate ;. ?ora, ((, 7ash. 8"". *+,, 43 $.3d 3*
Q (,9. <enerall!

7estFs Pe! NumAer Digest

7estFs Pe! NumAer Digest, =arcen! D0* to 39

8n indictment, to Ae su11icient, must charge e;er! essential element o1 the crime, and i1 it omits to charge an!
element Bhich is necessar!, it is 1atall! de1ecti;e.R.N(S 2t is su11icient in charging larcen! to allege the time and
"lace Bhere the o11ense occurred and the oBnershi" and the ;alue in;ol;ed in general terms.R.N0S 8n indictment
charging larcen! ma! Ae su11icient e;en though it does not s"eci1icall! allege that the de1endant did not ha;e
consent to taDe "ro"ert! and that the de1endant had the intent to "ermanentl! de"ri;e oBner o1 his or her "ro"ert!,
at least Bhen the indictment meets the underl!ing "ur"ose o1 an indictment, Bhich is to ensure that the de1endant
ma! adequatel! "re"are his or her de1ense and Ae aAle to "lead douAle Ceo"ard! i1 he or she is again tried 1or same
o11ense.R.N3S

- 119/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<enerall!, grand larcen! is an in1amous o11ense Bithin the meaning o1 constitutional "ro;isions requiring such
o11enses to Ae "rosecuted A! indictment, Bhile "etit larcen! is not, e/ce"t "ursuant to "articular statutes.R.N4S
3oBe;er, it is not a ;iolation o1 the 1ederal constitutional rights o1 an accused to "rosecute a 1elon! larcen! charge
A! in1ormation rather than A! indictment "ursuant to state statute.R.N+S

7hen a statute states the elements o1 a crime, it is generall! su11icient in an in1ormation or indictment to descriAe
such crime in the language o1 the statute.R.N'S 3oBe;er, Bhere a de1endant is charged Bith larcen! under a
statute, he or she cannot Ae con;icted o1 common>laB larcen! Bhen the tBo o11enses are Bholl! se"arate o11enses,
each requiring di11erent e;identiar! shoBings.R.N7S %n the other hand, it ma! Ae that an indictment that charges
grand larcen! in ;iolation o1 a statute also su11icientl! alleges common>laB larcen!.R.N*S

8n indictment charging the1t o1 "ro"ert! o1 the 5nited 6tates constitutes 1ull notice o1 a charge o1 the1t o1 a thing
o1 ;alue o1 the 5nited 6tates and is su11icient 1or "ur"oses o1 "rosecution under the statute "enaliEing the1t o1
go;ernment "ro"ert!.R.N9S 5se o1 the Bord G"ro"ert!G in an indictment encom"asses the term Gthing o1 ;alueG
used in the statuteR.N(,S as a

categor! o1 oACects Bhich i1 stolen constitute ;iolation.R.N((S 8n indictment charging a de1endant Bith the1t 1rom
a "rogram recei;ing 1ederal 1unds is not required to allege a ne/us AetBeen the the1t and the 1ederal 1unds.R.N(0S

C5?5=8-2VE 65$$=E?EN-

Cases:

2n1ormation charging de1endant Bith retail the1t o1 "ro"ert! ha;ing a retail ;alue e/ceeding Fdollar:(+, did not
a""rise de1endant o1 the "recise o11ense charged Bith su11icient s"eci1icit! to "re"are his de1ense, resulting in
"reCudice to de1endant: in1ormation 1ailed to allege the essential element that de1endantFs mental state Bas to act in
1urtherance o1 a single intention and design. $eo"le ;. )oBell, 009 2ll. 0d *0, 30( 2ll. Dec. 7'+, *9, N.E.0d 4*7
0,,*#.

REND %. 65$$=E?EN-S

R.N(S 5.6. ;. 3astings, 09' 5.6. (**, +' 6. Ct. 0(*, *, =. Ed. (4* (93+#: Da;idson

;. 6tate, 3+( 6o. 0d '*3 8la. Crim. 8"". (977#.

8s to essential elements, see QQ (( to (+

R.N0S Cross ;. 6tate, 037 6o. 0d 304 .la. Dist. Ct. 8"". 0d Dist. (97,#.

R.N3S 6tate ;. %sAorne, (49 N.C. 8"". 03+, +'0 6.E.0d +0* 0,,0#, a11Fd, 3+' N.C.

404, +7( 6.E.0d +*4 0,,0#.

R.N4S E/ "arte ?cClusD!, 4, .. 7( C.C.D. 8rD. (**9#.

8s to grades o1 larcen!, see QQ 4, to 43

8s to Bhat constitutes 1elon! or in1amous crime Bithin the meaning o1 constitutional

"ro;isions requiring such o11enses to Ae "rosecuted A! indictment, see 8m. 4ur. 0d, 2ndictments

and 2n1ormations QQ ', 7.

R.N+S 6tate ;. <!uro, (+' Conn. 39(, 040 8.0d 734 (9'*#.

R.N'S 6tate ;. )oAson, 397 6o. 0d 7'* .la. Dist. Ct. 8"". (st Dist. (9*(#: $eo"le ;.
- 120/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Cle;eland, (,4 2ll. 8"". 0d 4(+, 044 N.E.0d 0(0 0d Dist. (9'9#: 6tate ;. Cam"os, 79

N.?. '((, 447 $.0d 0, (9'*#.

R.N7S 6tate ;. Daniels, 43 N.C. 8"". ++', 0+9 6.E.0d 39' (979#.

R.N*S 3unt ;. Com., 4' Va. 8"". 0+, '(4 6.E.0d ''* 0,,+#.

R.N9S 5.6. ;. <ordon, '3* ..0d **' +th Cir. (9*(# a""l!ing (* 5.6.C.8. Q '4(#.

R.N(,S (* 5.6.C.8. Q '4(.

R.N((S 5.6. ;. Proesser, 73( ..0d (+,9 ((th Cir. (9*4#.

R.N(0S 5.6. ;. CaArera, 30* ..3d +,' 9th Cir. 0,,3#, cert. denied, +4( 5.6. (,'4, (04

6. Ct. 03*', (+* =. Ed. 0d 9'+ 0,,4# a""l!ing (* 5.6.C.8. Q '''#.

Di;. 3 0,,0#. R.N+S $eo"le ;. Cain, 03* ?ich. 8"". 9+, ',+ N.7.0d 0* (999#. R.N'S 6tate
Q ((,. Charging "articular mode o1 commission
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D0*(#, 34, 3+ to 39
8 general rule o1 criminal "leading is that i1 an o11ense ma! Ae committed in ;arious modes, the "art! charged is
entitled to ha;e that mode stated in the indictment Bhich is to Ae "ro;ed on the trial,R.N(S and this rule has Aeen
a""lied in larcen! "rosecutions.R.N0S -he ?odel $enal Code states that an accusation o1 the1t ma! Ae su""orted A!
e;idence that it Bas committed in an! manner that Bould Ae the1t under the Code 8rticle on the1t, notBithstanding
the s"eci1ication o1 a di11erent manner in the indictment or in1ormation, suACect onl! to the "oBer o1 the court to
ensure 1air trial A! granting a continuance or other a""ro"riate relie1 Bhere the conduct o1 the de1ense Bould Ae
"reCudiced A! lacD o1 1air notice or A! sur"rise.R.N3S
7here an act Bhich Bas not larcen! at common laB is made larcen! A! statute, it is not su11icient to charge the
commission o1 larcen! merel!: rather, the indictment should state the "articular act s"eci1ied A! statute as
constituting the crime.R.N4S 6imilarl!, an indictment in the common>laB 1orm is generall! insu11icient in a
"rosecution 1or the larcen! under a statute.R.N+S
%n the other hand, it has Aeen held that in a "rosecution 1or larcen! it is not necessar! that the manner in Bhich
stolen "ro"ert! Bas taDen and carried aBa! Ae alleged, and the Bords GA! tricDG are not required in an indictment
charging larcen! Bhen "ro"ert! Bas oAtained A! tricD or 1raud.R.N'S 8 statute ma! e/"ressl! remo;e the
requirement that a larcen! indictment s"eci1! that the de1endant committed larcen! in an! "articular manner,
e/ce"t in certain stated cases.R.N7S
$ractice <uide:
7hen the manner o1 the1t is not an element o1 the o11ense, and the in1ormation does not so s"eci1!, the in1ormation
and disco;er! materials "resented to the de1endant ma! adequatel!
"lace him or her on notice o1 the manner o1 the1t.R.N*S
- 121/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-he rule that, Bhen a statute characteriEes an o11ense in generic terms merel!, an in1ormation charging the o11ense
must state the s"eci1ic acts on Bhich the charge is Aased a""lies to larcen! "rosecutions.R.N9S 3oBe;er, in
"rosecutions under such a statute, there is no necessit! o1 a detailed s"eci1ication in charging an ordinar! the1t o1
"ro"ert!.R.N(,S
R.N(S 8m. 4ur. 0d, 2ndictments and 2n1ormations Q ((3.
R.N0S ?iller ;. 6tate, '+4 6.7.0d 74( -e/. 8"". 3ouston (4th Dist. (9*3#.
R.N3S ?odel $enal Code Q 003.((# 0,,(#.
R.N4S 5.6. ;. NorthBa!, (0, 5.6. 307, 7 6. Ct. +*,, 3, =. Ed. ''4 (**7#.
R.N+S 6tate ;. 4acDson, 0(* N.C. 373, (( 6.E.0d (49, (3( 8.=.). (43 (94,#.
R.N'S 6tate ;. BarAour, (+3 N.C. 8"". +,,, +7, 6.E.0d (0' 0,,0#.
R.N7S $eo"le ;. Norman, ' ?isc. 3d 3(7, 7*9 N.9.6.0d '(3 6u" 0,,4#.
R.N*S Com. ;. 6hamAerger, 0,,( $8 6u"er 3+(, 7** 8.0d 4,* 0,,(#.
R.N9S 6tate ;. Pesterson, 4,3 6.7.0d ',' ?o. (9''#.
R.N(,S 6tate ;. ?iles, 4(0 6.7.0d 473 ?o. (9'7#. ;. 4anuar!, (7' 6.7.3d (*7 ?o. Ct. 8"". 7.D. 0,,+#. R.N7S
?odel $enal Code Q 003.(3# 0,,(#.
Q (((. 4oinder o1 other o11enses: election
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D0*(#, 0*4#
8.=.). =iArar!
$artici"ation in larcen! or the1t as "recluding con;iction 1or recei;ing or concealing the stolen "ro"ert!, 09
8.=.).+th +9
-Bo o11enses committed A! the same "erson ma! Ae included in the same indictment, in di11erent courts, Bhere
the! are o1 the same general nature and Aelong to the same 1amil! o1 crimes and Bhere the mode o1 trial and nature
o1 the "unishment are also the same, although the! ma! Ae "unished Bith di11erent degrees o1 se;erit!.R.N(S -hus,
indictments charging one count o1 grand larcen! in the second degree and multi"le counts o1 commercial AriAe>
recei;ing,R.N0S or the o11enses o1 larcen! and o1 recei;ing stolen goods,R.N3S ma! Ae "ro"er.
Caution:
6ince the crimes o1 larcen!, recei;ing, and "ossession o1 stolen "ro"ert! are se"arate and distinct o11enses,
generall! legislatures do not intend to "unish a de1endant 1or recei;ing or "ossessing the same goods that he or she
stole. -here1ore, though a de1endant ma! Ae indicted and tried on charges o1 larcen!, recei;ing, and "ossession o1
the same "ro"ert!, the de1endant ma! Ae con;icted o1 onl! one o1 those o11enses.R.N4S
R.N(S 8m. 4ur. 0d, 2ndictments and 2n1ormations QQ 0,, to 0,4. R.N0S $eo"le ;. 6il;erman, (,' ?isc. 0d 4'*, 434
N.9.6.0d 3(9 6u" (9*,#. R.N3S =ogan ;. Com., 3(9 6.7.0d 4'+ P!. (9+*#.
- 122/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N4S 6tate ;. $err!, 3,+ N.C. 00+, 0*7 6.E.0d *(, (9*0#.
B. 2ndictment, 2n1ormation, or Com"laint
0. $articular 8llegations
a. 2n <eneral
-o"ic 6ummar! Correlation -aAle )e1erences
Q ((3. <enerall!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D0*(#, 0*0#
8n indictment 1or the1t must disclose that "ro"ert! alleged to ha;e Aeen stolen Bas suACect to the1t: the indictment
is de1ecti;e i1 it shoBs on its 1ace that thing alleged to ha;e Aeen stolen Bas "ro"ert! not suACect to the1t.R.N(S
8n indictment that insu11icientl! alleges the identit! o1 the ;ictim in a charge 1or larcen! is 1atall! de1ecti;e and
cannot su""ort a con;iction o1 either a misdemeanor or a 1elon!.R.N0S
R.N(S Bourland ;. 6tate, (33 -e/. Crim. +44, ((0 6.7.0d 70, (937#. 8s to the su11icienc! o1 an indictment in
common>laB 1orm Bhere "rosecution is 1or
larcen! o1 a thing Bhich is the suACect o1 larcen! onl! A! ;irtue o1 a statute, and not at common laB, see Q 9'.
R.N0S 6tate ;. Norman, (49 N.C. 8"". +**, +'0 6.E.0d 4+3 0,,0#.
Q ((4. .elonious taDing: intent
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D09, 34
.ailure to allege that the "ro"ert! Bas a""ro"riated Bithout the oBnerFs e11ecti;e consent does not render an
indictment 1or the1t 1undamentall! de1ecti;e.R.N(S 6imilarl!, the 1act that an indictment or in1ormation does not
allege s"eci1ic intent to "ermanentl! de"ri;e the oBner o1 use o1 the "ro"ert! is not necessaril! 1atall! de1ecti;e.
R.N0S 7here there is no required cul"aAilit! in the o11ense o1 the1t under the state statute Ae!ond that o1 a s"eci1ic
intent to de"ri;e the oBner o1 "ro"ert!, none need Ae stated.R.N3S
%Aser;ation:
2t has Aeen said that the Bord Gthe1tG as used in larcen! statutes is a Bord o1 art and that it, A! de1inition, includes
the meaning o1 the criminal intent requisite in larcen!.R.N4S 6imilarl!, the Bord GstealG as used in a larcen!
indictment encom"asses and is s!non!mous Bith G1elonious intent.GR.N+S
8 de1endantFs conduct in attending an electricianFs licensing e/amination on 1our occasions, cou"led Bith Aoth his
unauthoriEed remo;al o1 "ages 1rom the test AooDlet and the concealment o1 same Ae1ore e/iting the e/amination
location, e;inced an intent to steal "ro"ert! 1rom the oBner, and thus su""orted an in1erence o1 the requisite intent
su11icient to estaAlish the 1acial su11icienc! o1 an in1ormation charging "etit larcen!.R.N'S
- 123/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2n a the1t "rosecution in Bhich the state relies u"on a de1endantFs act or omission to negate consent, the indictment
must allege Bhich o1 the statutor! negati;es ;itiated consent, or the indictment Bill Ae suACect to a timel! motion to
quash 1or lacD o1 notice.R.N7S 3oBe;er, one Bho sim"l! snatches an item taDes Bithout the e11ecti;e consent o1
the oBner, and under such circumstances, the term Ge11ecti;e consentG need not Ae "leaded more s"eci1icall!
Aecause all else is "urel! e;identiar!.R.N*S
C5?5=8-2VE 65$$=E?EN-
Cases:
2n1ormation that charged de1endant Bith 1elon! ;ending machine the1t, Aased on de1endantFs "rior con;iction 1or
;ending machine the1t, Aut Bhich omitted the element o1 intent to commit larcen! Bas not 1undamentall! de1ecti;e,
and thus de1endantFs 1ailure to mo;e to dismiss the ;ending machine the1t count Bai;ed the de1ect: designation o1
the o11ense as a 1elon! made clear that the charged o11ense Bas ;ending machine the1t rather than ;ending machine
tam"ering, and in1ormation recited the a""ro"riate statute alleged to ha;e Aeen ;iolated. 7estF6 ..6.8. Q *77.,*3,
4#. 2ngraham ;. 6tate, 30 6o. 3d 7'( .la. Dist. Ct. 8"". 0d Dist. 0,(,#.
REND %. 65$$=E?EN-S
R.N(S E/ "arte =una, 7*4 6.7.0d 3'9 -e/. Crim. 8"". (99,#.
R.N0S $eo"le ;. ?ac.arland, (*9 Colo. 3'3, +4, $.0d (,73 (97+#.
R.N3S E/ "arte 6mith, '4+ 6.7.0d 3(, -e/. Crim. 8"". (9*3#.
R.N4S 6tate ;. B!les, (3 %r. 8"". 000, +,* $.0d 4*, (973#.
R.N+S 6tate ;. ?iller, 40 N.C. 8"". 340, 0+' 6.E.0d +(0 (979#.
R.N'S $eo"le ;. ?artineE, (9( ?isc. 0d +,+, 743 N.9.6.0d *0( Cit! Ct. 0,,0#.
R.N7S <eter ;. 6tate, 779 6.7.0d 4,3 -e/. Crim. 8"". (9*9#.
R.N*S <eter ;. 6tate, 779 6.7.0d 4,3 -e/. Crim. 8"". (9*9#.
V222. $ractice and $rocedure
B. 2ndictment, 2n1ormation, or Com"laint
0. $articular 8llegations
c. %Bnershi" or "ossession o1 stolen "ro"ert!
-o"ic 6ummar! Correlation -aAle )e1erences
Q ((*. <enerall!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D30(# to 309#
6ince larcen! is a crime against "ossession, an allegation o1 oBnershi" o1 "ro"ert! alleged to ha;e Aeen stolen is a
necessar! requisite in a larcen! indictment.R.N(S 8llegations o1 oBnershi" in a larcen! in1ormation should Ae
- 124/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
su11icient enough to estaAlish that the "ro"ert! Bas not that o1 the accused, to "rotect the accused against a second
"rosecution 1or the same crime, and to a;oid misleading or emAarrassing the accused in the "re"aration o1 his or
her de1ense.R.N0S -he oBnershi" must, in the aAsence o1 a statute modi1!ing the rule, Ae alleged Bith the same
accurac! as is required A! the common laB.R.N3S -he name o1 the oBner, i1 DnoBn, must Ae set 1orth in the
indictment.R.N4S 3oBe;er, the "articular oBnershi" o1 the "ro"ert! is charged in the indictment not to gi;e
character to the act o1 taDing Aut merel! A! Ba! o1 descri"tion o1 the "articular o11ense.R.N+S -he names o1 the
oBners o1 stolen "ro"ert! constitute no "art o1 the o11ense and are stated in the in1ormation "rimaril! as a matter o1
descri"tion 1or the "ur"ose o1 identi1ication and to shoB oBnershi" in a "erson or "ersons other than the accused.
R.N'S
$ractice <uide:
8n allegation Bhich 1ails directl! to allege oBnershi" in the "erson 1rom Bhom it is charged the "ro"ert! Bas taDen
ma! Ae amended, A! lea;e o1 court, according to the "ractice in some Curisdictions, and the accused ma! Ae Arought
to trial on the amended in1ormation at a reasonaAle time therea1ter.R.N7S
2n man! Curisdictions the strict accurac! in the allegation o1 oBnershi" required A! the common laB has Aeen
rela/ed A! modern statutes, such as those Aroadl! de1ining the term GoBnerGR.N*S or "ro;iding that oBnershi", or
the name o1 the oBner o1 "ro"ert! taDen, need not Ae alleged in an indictment Bhere not essential to the o11ense.
R.N9S 2t has Aeen said that a 1ailure to name the oBner o1 allegedl! stolen "ro"ert! in an in1ormation charging the
de1end
ant Bith the1t A! taDing does not in;alidate the in1ormation or render it constitutionall! insu11icient, although the
easiest and clearest Ba! to "rotect the accused against a second "rosecution 1or the same crime, and to a;oid
misleading or emAarrassing the accused in "re"aration o1 his or her de1ense, Bould Ae to name the oBner or ;ictim
in the in1ormation.R.N(,S
8s AetBeen a lessee and lessor under a contract BhereA! the lessee is oAliged to Dee" the "ro"ert! in re"air, the
oBnershi" o1 1i/tures should Ae laid in the lessee.R.N((S
R.N(S $eo"le ;. Berndt, (,( 2ll. 8"". 0d 09, 040 N.E.0d 073 +th Dist. (9'*#: $rior ;. 6tate, (, ?d. 8"". ('(, 0'*
8.0d +'3 (97,#: 6tate ;. $rice, (7, N.C. 8"". '70, '(3 6.E.0d ', 0,,+#.
-he necessit! o1 alleging oBnershi" in a "erson or "ersons other than the accused is not remo;ed A! a statute
"ro;iding that there is no ;ariance Bhere it is "ro;ed that the actual or constructi;e "ossession o1, or general or
s"ecial "ro"ert! in, real or "ersonal estate or in an! "art thereo1 Bas in the "erson or communit! alleged in the
indictment to Ae the oBner. 6tate ;. 6mall, (+' ?e. (,, (+7 8.0d *74 (9',#.
8s to the necessit! and su11icienc! o1 allegations o1 oBnershi", generall!, see 8m. 4ur. 0d, 2ndictments and
2n1ormations QQ (4', (47.
R.N0S ClarD ;. 6tate, 093 6o. 0d 7'* .la. Dist. Ct. 8"". 3d Dist. (974#. R.N3S $eo"le ;. Cohen, 3+0 2ll. 3*,, (*+
N.E. ',*, ** 8.=.). 4*( (933#: 6tate ;. Cut>li", 7* 7. Va. 039, ** 6.E. *09 (9('#.
R.N4S 6tate ;. 6mall, (+' ?e. (,, (+7 8.0d *74 (9',#. R.N+S 3earn ;. 6tate, ++ 6o. 0d ++9, 0* 8.=.).0d ((79
.la. (9+(#. R.N'S 3earn ;. 6tate, ++ 6o. 0d ++9, 0* 8.=.).0d ((79 .la. (9+(#. R.N7S 6tate ;. 4ensen, *3 5tah
4+0, 3, $.0d 0,3 (934#. R.N*S $eo"le ;. Dell, 77 2ll. 8"". 0d 3(*, 000 N.E.0d 3+7 0d Dist. (9''#. R.N9S 6tate ;.
8ndrus, 0+, =a. 7'+, (99 6o. 0d *'7 (9'7#. R.N(,S 6tate ;. <reathouse, ((3 7ash. 8"". **9, +' $.3d +'9 Di;.
( 0,,0#. R.N((S ?cPee ;. 6tate, 0,, <a. +'3, 37 6.E.0d 7,, (94'#: 6tate ;. 6mall, (+' ?e.
- 125/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
V222. $ractice and $rocedure
B. 2ndictment, 2n1ormation, or Com"laint
0. $articular 8llegations
c. %Bnershi" or "ossession o1 stolen "ro"ert!
-o"ic 6ummar! Correlation -aAle )e1erences
Q ((9. $erson in "ossession
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D33
8n indictment 1or larcen! ma! "ro"erl! allege oBnershi" o1 the "ro"ert! in the "erson ha;ing "ossession o1 it at
the time it Bas stolen,R.N(S e;en though such "erson had Aeen "laced in "ossession Bithout DnoBledge that the
"ro"ert!, Bhen le1t in his or her "ossession, had Aeen stolen 1rom the true oBner.R.N0S -he oBnershi" ma! Ae laid
in one Bho has the control, care, and management o1 the "ro"ert!.R.N3S 2t has e;en Aeen held that the oBnershi"
ma! Ae laid in one Bho had "re;iousl! stolen the goods 1rom the true oBner.R.N4S
2n case o1 the death o1 the oBner o1 stolen "ro"ert! a1ter the the1t and Ae1ore an indictment is returned, the
oBnershi" o1 the stolen "ro"ert! is "ro"erl! laid in the oBner as o1 the date o1 the o11ense.R.N+S 3oBe;er, on the
theor! that death terminates oBnershi", an indictment or in1ormation is, e/ce"t Bhere authoriEed A! statute, not
good i1 it la!s the oBnershi" o1 the thing stolen in a deceased "erson or his or her estate.R.N'S 2n such case, in the
aAsence o1 a statute go;erning the question, the "ro"ert! ma! Ae laid in the "art! in "ossession, es"eciall! Bhere
the larcen! tooD "lace "rior to the a""ointment o1 a "ersonal re"resentati;e or Bhere the "ro"ert! Bas oBned
Cointl! A! the decedent and the "erson Bho had "ossession.R.N7S .urthermore, oBnershi" o1 "ro"ert! o1 a
deceased "erson Bhich is stolen Ae1ore a""ointment o1 a "ersonal re"resentati;e ma! Ae laid in a sole sur;i;ing
heir>at>laB.R.N*S
2n an indictment 1or larcen!, it is not necessar! to state the nature o1 the "ossessorFs interest, and the "ossessor ma!
Ae descriAed as the oBner thereo1 A! nameVthat is, "ro"ert! ma! Ae descriAed as his or hers indi;iduall!V
regardless o1 Bhether the "erson held the "ro"ert! as Aailee, agent, or otherBise.R.N9S -he oBnershi" o1 "ro"ert!
Aelonging to a minor child ma! "ro"erl! Ae laid in a "arent or in a guardian Bho is in control and "ossession o1
mone! Aelonging to his or her Bard.R.N(,S
R.N(S )aullerson ;. $eo"le, (+9 Colo. 39+, 4(0 $.0d 03' (9''#: )omero ;. $eo"le, (34 Colo. 340, 3,4 $.0d '39
(9+'#: Cam"Aell ;. 6tate, 0 -enn. Crim. 8"". 39, 4+, 6.7.0d 79+ (9'9#.
R.N0S Cam"Aell ;. 6tate, 0 -enn. Crim. 8"". 39, 4+, 6.7.0d 79+ (9'9#.
R.N3S 6imDo;itE ;. 6tate, 34, 6o. 0d 9+9 .la. Dist. Ct. 8"". 3d Dist. (97'#: ?ah1ouE
;. 6tate, 3,3 6o. 0d 4'( ?iss. (974#: Cam"Aell ;. 6tate, 0 -enn. Crim. 8"". 39, 4+, 6.7.0d 79+ (9'9#. R.N4S
6tate ;. $oDini, 4+ 3aB. 09+, 3'7 $.0d 499, *9 8.=.).0d (40( (9'(#.
- 126/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N+S ?cPee ;. 6tate, 0,, <a. +'3, 37 6.E.0d 7,, (94'#. R.N'S 7ilson ;. 6tate, *,* 6.7.0d +*7 -e/. 8"".
Dallas (99(#, "etition 1or discretionar! re;ieB granted, 6e"t. ((, (99(#.
R.N7S 6tate ;. BlacD, (93 %r. 09+, 03' $.0d 30' (9+(#. R.N*S 6tate ;. BlacD, (93 %r. 09+, 03' $.0d 30' (9+(#.
R.N9S 6tate ;. -run1io, +* N.4. 6u"er. 44+, (+' 8.0d 4*' 8"". Di;. (9+9#. R.N(,S 6tate ;. -run1io, +* N.4. 6u"er.
44+, (+' 8.0d 4*' 8"". Di;. (9+9#.
(,, (+7 8.0d *74 (9',#: 6tate ;. Da;is, '( N.4. 6u"er. +3', ('( 8.0d ++0 8"". Di;.
(9',#. ____

Q (0,. 6u11icienc! o1 allegations
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D30(#
21 the entit! named as the oBner or "erson in laB1ul "ossession o1 the stolen "ro"ert!, in the indictment 1or larcen!,
is not a "erson, it must Ae alleged that the ;ictim Bas a legal entit! ca"aAle o1 oBning "ro"ert!.R.N(S 8ccordingl!,
Bhen a cor"oration is the oBner o1 "ro"ert! that has Aeen stolen, it is the "re1eraAle "leading "ractice in a the1t
"rosecution to allege s"ecial oBnershi" in a natural "erson acting 1or the cor"oration.R.N0S
$ractice <uide:
2n an indictment 1or larcen!, i1 the "ro"ert! alleged to ha;e Aeen stolen is the "ro"ert! o1 a cor"oration, the name
o1 the cor"oration should Ae gi;en, and the 1act that it is a cor"oration stated, unless the name itsel1 im"orts a
cor"oration.R.N3S
2t has Aeen held that the oBnershi" o1 "ro"ert! stolen 1rom a "artnershi" is su11icientl! laid in one o1 the memAers
o1 the 1irm.R.N4S
8n indictment su11icientl! alleged deli;er! in trust, such that the de1endant Bas adequatel! in1ormed o1 the actions
constituting larcen! charges against her, as the indictments stated that mone! Bas deli;ered to the de1endant 1or use
o1 her em"lo!er, and the indictments "ro;ided the de1endant su11icient notice o1 charges against her to "rotect her
1rom douAle Ceo"ard!, to enaAle her to "re"are her de1ense, and to in1orm the court o1 charges.R.N+S
R.N(S 6tate ;. Ca;e, '0( 6.E.0d 099 N.C. Ct. 8"". 0,,+#. R.N0S =eBis ;. 6tate, 0,,' 7= '4*7(4 -e/. 8"".
3ouston (st Dist. 0,,'#.
- 127/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N3S 6tate ;. Ca;e, '0( 6.E.0d 099 N.C. Ct. 8"". 0,,+#. R.N4S 6mith ;. 6tate, (33 8la. (4+, 3( 6o. *,' (9,0#.
-his result has Aeen reached Bhere the term GoBnerG is de1ined A! statute as a "erson,
other than the o11ender, Bho has "ossession o1 or an! other interest in the "ro"ert! taDen and Bithout Bhose
consent the o11ender has no authorit! to e/ert control o;er the "ro"ert!. $eo"le ;. Dell, 77 2ll. 8"". 0d 3(*, 000
N.E.0d 3+7 0d Dist. (9''#.
R.N+S 6tate ;. ?orris, (+' N.C. 8"". 33+, +7' 6.E.0d 39( 0,,3#.
V222. $ractice and $rocedure
C. E;idence
(. Burden o1 $roo1 and $resum"tions
-o"ic 6ummar! Correlation -aAle )e1erences
Q (0(. Burden and degree o1 "roo1
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D4(
8s in criminal cases generall!,R.N(S the "rosecution in larcen! "rosecutions Aears the Aurden o1 "ro;ing the
de1endantFs guilt Ae!ond a reasonaAle douAt.R.N0S =arcen! is a s"eci1ic intent crime 1or Bhich the state Aears the
Aurden o1 "ro;ing Ae!ond a reasonaAle douAt that the de1endant intended to de"ri;e an oBner "ermanentl! o1 his or
her "ro"ert!.R.N3S
2n larcen! "rosecutions the laB casts no Aurden o1 "roo1 u"on the de1endant.R.N4S 5nder the rule a""licaAle to
criminal cases generall! in most states,R.N+S one accused o1 larcen! does not Aear the Aurden o1 estaAlishing an
aliAi although he or she o11ers e;idence u"on that question, Aut the e;idence to su""ort it should Ae considered in
connection Bith the other e;idence in the case and the accused acquitted i1 there is a reasonaAle douAt o1 guilt.
R.N'S EstaAlishing a "rima 1acie case o1 1ailing to return rental "ro"ert! "ursuant to statute alloBs the state to shi1t
the Aurden o1 going 1orBard Bith the e;idence to the criminal de1endant Aut does not shi1t the Aurden o1 "roo1,
Bhich remains Bith the state throughout the trial.R.N7S %n the other hand, "ursuant to a statute go;erning claim o1
right, to inCect the issue o1 a claimo1>right de1ense, a de1endant has the Aurden o1 adducing e;idence that Bould
demonstrate that she had an honest Aelie1 that she had a right to taDe the "ro"ert! that Bas allegedl! stolen.R.N*S
R.N(S 8m. 4ur. 0d, E;idence QQ ('* to (*,.
R.N0S 5.6. ;. BroBn, ',3 ..0d (,00, 4 .ed. ). E;id. 6er;. (3'0 (st Cir. (979#: <roomes ;. 5. 6., (++ 8.0d 73
?un. Ct. 8"". D.C. (9+9#: 6tate ;. 7illard, 34' ?o. 773, (40 6.7.0d (,4' (94,#.
8s to Aurden o1 "roo1 o1 cor"us delicti, see Q (,0.
- 128/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N3S 6tate ;. .isher, *0 Conn. 8"". 4(0, *44 8.0d 9,3 0,,4#, certi1ication denied, 0'9 Conn. 9((, *+0 8.0d 74(
0,,4#. R.N4S 3arloB ;. Com., 0,4 Va. 3*+, (3( 6.E.0d 093, + 8.=.).3d (,(0 (9'3#. R.N+S 8m. 4ur. 0d,
E;idence Q (79. R.N'S .algout ;. 5.6., 079 .. +(3, 09 8.=.). (((+ C.C.8. +th Cir. (900#. R.N7S 6tate ;. 6mith,
*( 6.7.3d '+7 ?o. Ct. 8"". 6.D. 0,,0#. R.N*S 6tate ;. 4anuar!, (7' 6.7.3d (*7 ?o. Ct. 8"". 7.D. 0,,+#.
Q (00. Burden and degree o1 "roo1V%1 cor"us delicti
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D4(
-he cor"us delicti in larcen! consists o1 tBo elements: (# that the "ro"ert! Bas lost A! the oBner: and 0# that it
Bas lost A! a 1elonious taDing.R.N(S 2t is, o1 course, necessar! that the cor"us delicti Ae estaAlished, since no one
ma! Ae adCudged guilt! until it is shoBn that a larcen! has Aeen committed.R.N0S 5nless the state has shoBn,
"rima 1acie, that a larcen! has Aeen committed, the de1endant is not "ut on "roo1.R.N3S
R.N(S $ate ;. 6tate, 3' 8la. 8"". '**, '3 6o. 0d 003 (9+3#: =ee ;. $eo"le, (3* Colo.
30(, 330 $.0d 990 (9+*#: 6tate ;. =eBis, 04* %r. 0(7, 433 $.0d '(7 (9'7#. 8s to the Aurden o1 "ro;ing cor"us
delicti in criminal cases, generall!, see 8m. 4ur. 0d, E;idence Q (74.
R.N0S =ee ;. $eo"le, (3* Colo. 30(, 330 $.0d 990 (9+*#. R.N3S =ee ;. $eo"le, (3* Colo. 30(, 330 $.0d 990
(9+*#.
Q (0+. 2n1erences
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D4(
-he recent "ossession o1 stolen goods "ermits the reasonaAle in1erence that the "erson "ossessing them stole them.
R.N(S .urther, in a larcen! "rosecution, the Cur! ma! in1er 1rom sudden>Bealth e;idence that the de1endantFs
e/"enditures immediatel! a1ter the larcen! Bere 1unded A! stolen mone!.R.N0S
-he1t is a s"eci1ic intent crime, and s"eci1ic intent ma! Ae in1erred 1rom the circumstances and actions o1 the
de1endant.R.N3S 2ntent can Ae in1erred in a larcen! "rosecution Aoth 1rom the de1endantFs conduct and his or her
statements at the time o1 the crimeR.N4S and 1rom the surrounding circumstances.R.N+S Because the intent to
- 129/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
commit the1t usuall! cannot Ae "ro;en A! direct e;idence, the intent ma! Ae in1erred 1rom the circumstances
surrounding the illegal act, although the circumstantial e;idence must e/clude e;er! reasonaAle h!"othesis Aut that
o1 guilt.R.N'S
Caution:
-he1t requires the s"eci1ic intention to de"ri;e Bhich cannot Ae in1erred 1rom the mere naDed 1act o1 non>"a!ment
o1 a deAt.R.N7S
-he intent to sho"li1t is "resumed Bhen merchandise is either concealed, remo;ed, or caused to Ae remo;ed.R.N*S
-he intent or "ur"ose o1 a de1endant in 1ailing to return leased or rented "ro"ert! ma! Ae in1erred 1rom
circumstances Bhich include the 1ailure to return a ;ehicle.R.N9S
2ntent to de"ri;e another "ermanentl! o1 the use or Aene1it o1 a thing o1 ;alue ma! Ae in1erred 1rom the de1endantFs
conduct and the circumstances o1 the case, and such an intent is su11icientl! estaAlished i1 the "rosecution "ro;es a
DnoBing use A! the de1endant inconsistent Bith the oBnerFs "ermanent use and Aene1it.R.N(,S
C5?5=8-2VE 65$$=E?EN-
Cases:
8t a trial 1or AreaDing and entering Bith the intent to commit larcen!, a trier o1 1act ma! not reasonaAl! in1er the
s"eci1ic intent to commit larcen! merel! 1rom the aAsence o1 e;idence shoBing a di11erent intent: instead, the
s"eci1ic intent Bith Bhich an unlaB1ul entr! is made ma! Ae in1erred 1rom the surrounding 1acts and circumstances.
Vincent ;. Com., 07' Va. '4*, ''* 6.E.0d (37 0,,*#.
REND %. 65$$=E?EN-S
R.N(S 2n re D.D, 77+ 8.0d (,9' D.C. 0,,(#: 8llen ;. 6tate, 743 N.E.0d (000 2nd. Ct. 8"". 0,,(#: 6tate ;.
$icDard, (43 N.C. 8"". 4*+, +47 6.E.0d (,0 0,,(#.
8s to "resum"tion s"aBned A! "ossession o1 recentl! stolen "ro"ert!, see Q 99.
R.N0S 5.6. ;. ?arshall, 04* ..3d +0+, 0,,( .ED 8"". ,(3+$ 'th Cir. 0,,(#.
R.N3S 6tate ;. Coleman, *09 6o. 0d 4'* =a. Ct. 8"". +th Cir. 0,,0#.
R.N4S 6tate ;. Calonico, 0+' Conn. (3+, 77, 8.0d 4+4 0,,(#: 6tate ;. )oAertson, 0,,+ 5- 8"" 4(9, (00 $.3d
*9+ 5tah Ct. 8"". 0,,+#: -ar"le! ;. Com., 0'( Va. 0+(, +40 6.E.0d 7'( 0,,(#.
-he e;idence Barranted the in1erence that the de1endant, Bith intent to Brong1ull! Bithhold such mone!, BithdreB
more than L((,,,, 1rom his credit union account A! means o1 automated teller machines, at a time Bhen he DneB
that he had no mone! in his account and DneB that his credit union Bas unaAle to ;eri1! account Aalances during
such transactions Aecause o1 disru"tions in communications resulting 1rom terrorist attacDs, su""orting a grand
larcen! con;iction. $eo"le ;. <rant, (* 8.D.3d 03+, 794 N.9.6.0d 3+7 (st De"Ft 0,,+#, lea;e to a""eal denied, +
N.9.3d 7'0, *,( N.9.6.0d 0+7, *34 N.E.0d (0'7 0,,+#.
R.N+S 2n re ?.8.=., 0,,+ 7= 440('4 -e/. 8"". El $aso 0,,+#.
E;idence o1 larcenous intent Bas su11icient to su""ort a con;iction o1 grand larcen! Aased u"on the de1endantFs
retaining mistaDenl! deli;ered 1unds Bithout taDing reasonaAle measures to return them, Bhere larcenous intent
could Ae in1erred 1rom the surrounding circumstances. $eo"le ;. .agan, (0 8.D.3d (,*,, 7*4 N.9.6.0d 774 4th
De"Ft 0,,4#.
- 130/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N'S 6eBall ;. 6tate, 7*3 6o. 0d ((7( .la. Dist. Ct. 8"". +th Dist. 0,,(#.
R.N7S 7est ;. BrunoFs, 2nc., *37 6o. 0d 3,3 8la. Ci;. 8"". 0,,0#.
R.N*S 7illiams ;. 4itne! 4ungle, 2nc., 9(, 6o. 0d 39 ?iss. Ct. 8"". 0,,+#.
R.N9S 6tate ;. 6mith, *( 6.7.3d '+7 ?o. Ct. 8"". 6.D. 0,,0#.
R.N(,S $eo"le ;. 6har", (,4 $.3d 0+0 Colo. Ct. 8"". 0,,4#, cert. denied, 0,,4 7= 090+99' Colo. 0,,4#. -he
1act 1inder determines intent to de"ri;e, as required to su""ort a con;iction 1or
the1t, 1rom the Bords and acts o1 the de1endant. 7inDle! ;. 6tate, (03 6.7.3d 7,7
-e/. 8"". 8ustin 0,,3#.
C. E;idence
0. 8dmissiAilit!, Com"etenc!, and )ele;anc!
-o"ic 6ummar! Correlation -aAle )e1erences
Q (0'. <enerall!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D40 to +3
E;idence rele;ant to a "rosecution 1or larcen! is admissiAle,R.N(S Bhile e;idence that is irrele;ant and cumulati;e
is not admissiAle,R.N0S nor is e;idence that is unrelated to the "rosecution in time, intent, and legal e11ect.R.N3S 2n
;arious larcen! "rosecutions "articular e;idence has Aeen 1ound to Ae rele;antR.N4S or irrele;ant.R.N+S .urther,
certain e;idence has Aeen 1ound irrele;ant to the de1ense "ut 1orth A! the de1endant.R.N'S
E;idence is admissiAle to shoB "ossession A! the accused, shortl! a1ter the alleged larcen!, o1 the "ro"ert! stolen.
R.N7S
R.N(S 3olsa""le ;. Com., 3* Va. 8"". 4*,, +'' 6.E.0d 0(, 0,,0#, on rehFg en Aanc, 39 Va. 8"". +00, +74 6.E.0d
7+' 0,,3#, Cudgment a11Fd, 0'' Va. +93, +*7 6.E.0d +'( 0,,3#, cert. denied, +43 5.6. *0', (0+ 6. Ct. ('4, (', =.
Ed. 0d 39 0,,4#.
R.N0S Cummings ;. 6tate, *4' 8.0d 03* Del. 0,,4#.
7hether the AanD Bas suAsequentl! re"aid A! a third "art! Bas irrele;ant to Bhether the de1endant committed the
ongoing criminal conduct and the1t, and thus, "ro"osed testimon! o1 a Bitness Bho had "urchased "romissor!
- 131/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
notes o1 the de1endantFs auto dealershi" 1rom the AanD "ro"erl! Bas e/cluded. 6tate ;. .riedle!, ''9 N.7.0d 0'0
2oBa Ct. 8"". 0,,3#.
R.N3S 7illis ;. 6tate, 0,,0 79 79, 4' $.3d *9, 7!o. 0,,0#.
R.N4S 6tate ;. ?ahone!, 37' N.4. 6u"er. '3, *'* 8.0d ((7( 8"". Di;. 0,,+#, certi1ication granted, 4ul! ((,
0,,+# and Cudgment a11Fd in "art, re;Fd in "art on other grounds, 0,,' 7= (,'3'9( N.4. 0,,'#: )o"er ;. 6tate,
0,,3 7= (+'(09+ -e/. 8"".
Cor"us Christi 0,,3#.
R.N+S 6tate ;. .roiland, 9(, 6o. 0d 9+' =a. Ct. 8"". +th Cir. 0,,+#: Com. ;. Cacchiotti, ++ ?ass. 8"". Ct. 499,
770 N.E.0d +9( 0,,0#: $eo"le ;. Pe!es, 09* 8.D.0d 034, 74* N.9.6.0d ++7 (st De"Ft 0,,0#.
R.N'S $eo"le ;. .l!nn, 34( 2ll. 8"". 3d *(3, 07+ 2ll. Dec. 09', 790 N.E.0d +07 0d Dist. 0,,3#: 6tate ;. ?ills, ((0
7ash. 8"". (,3,, 0,,0 7= (4,0+'( Di;. ( 0,,0#.
R.N7S ?arinos ;. 6tate, 37( 6o. 0d '7+ .la. Dist. Ct. 8"". 4th Dist. (979#: 6tate ;. ?aines, 3,( N.C. ''9, 073
6.E.0d 0*9 (9*(#: 3ardest! ;. 6tate, '+' 6.7.0d 73 -e/. Crim. 8"". (9*3#.
Q (07. -o "ro;e cor"us delecti
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D43 to 4*
Com"etent e;idence tending to "ro;e the cor"us delicti ma! Ae recei;ed.R.N(S Circumstantial e;idence is
admissiAle 1or this "ur"ose.R.N0S E;idence that the "ro"ert! has Aeen taDen 1rom the "ossession o1 the oBner
Bithout his or her DnoBledge or consent is e;idence o1 Aoth elementsR.N3S o1 the cor"us delicti.R.N4S -he Aest
e;idence a;ailaAle o1 1acts tending to "ro;e the larcen! should o1 course Ae o11ered, and secondar! e;idence is
inadmissiAle, in the aAsence o1 a shoBing that Aetter e;idence is not a;ailaAle.R.N+S -he Aest e;idence o1
nonconsent to the taDing is that o1 the oBner.R.N'S 3oBe;er, the trend o1 the modern cases is to "ermit nonconsent
o1 the oBner to Ae shoBn A! circumstantial e;idence.R.N7S -he 1act o1 non>consent to the taDing ma! Ae "ro;ed A!
an! other "erson ha;ing DnoBledge o1 the 1acts, as Bell as A! the oBner or the "erson ha;ing control o1 the
"ro"ert! at the time.R.N*S
R.N(S 8s to Bhat constitutes the cor"us delicti o1 larcen!, see Q (,0. R.N0S 5.6. ;. BroBn, ',3 ..0d (,00, 4 .ed.
). E;id. 6er;. (3'0 (st Cir. (979#: 6tate
- 132/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
;. Butler, *0 8riE. 0+, 3,7 $.0d 9(' (9+7#: 3il!ard ;. 6tate, 9, %Dla. Crim. 43+, 0(4 $.0d 9+3, 0* 8.=.).0d 9'(
(9+,#. R.N3S Q (,0. R.N4S 6tate ;. =eBis, 04* %r. 0(7, 433 $.0d '(7 (9'7#. R.N+S 6tate ;. 7illard, 34' ?o.
773, (40 6.7.0d (,4' (94,#.
R.N'S 6tate ;. 7illard, 34' ?o. 773, (40 6.7.0d (,4' (94,#. R.N7S 6tate ;. Butler, *0 8riE. 0+, 3,7 $.0d 9('
(9+7#.
R.N*S $eo"le ;. 3atch, (+' ?ich. 8"". 0'+, 4,( N.7.0d 344 (9*'#.
Q (09. -o "ro;e intent
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D44
8.=.). =iArar!
8dmissiAilit! o1 e;idence o1 accusedFs drug addiction or use to shoB moti;e 1or the1t o1 "ro"ert! other than drugs,
0 8.=.).4th (09*
8n! com"etent e;idence reasonaAl! tending to "ro;e the "resence or aAsence o1 the requisite 1elonious intent ma!
Ae recei;ed.R.N(S %1 course, a trial court does not aAuse its discretion in a the1t "rosecution in disalloBing
irrele;ant e;idence on the issue o1 Bhether the de1endant intended to "ermanentl! de"ri;e the ;ictim o1 the
"ro"ert! stolen.R.N0S
2n a "rosecution 1or larcen! A! tricD, the range o1 rele;ant e;idence is Bide, es"eciall! as it Aears on the essential
element o1 an intent to de1raud, Bhich in;ol;es a state o1 mind and can generall! Ae "ro;ed onl! A! circumstantial
e;idence.R.N3S
E;idence o1 a similar the1t committed A! the accused is admissiAle to "ro;e 1elonious intent, DnoBledge, and other
similar states o1 mind.R.N4S E;idence o1 re"etitious similar criminal conduct Bith res"ect to other ;ictims is
admissiAle to shoB the intent o1 the de1endant or Ga common scheme or "lan.GR.N+S
-estimon! regarding a de1endantFs "ro1icienc! in English Bas rele;ant in a "rosecution 1or third>degree the1t o1
ser;ices, as the de1endantFs le;el o1 "ro1icienc! Bas rele;ant to the de1endantFs moti;e, or lacD o1 moti;e, to steal
English>language caAle tele;ision "rogramming.R.N'S
E;idence that a Aar had not "aid the de1endant his Binnings on illegal gamAling machines Bas admissiAle, in a
"rosecution 1or larcen! A! 1raudulent schemes relating to allegations that the de1endant cashed "ost>dated checDs at
the Aar and that the de1endantFs AanD account had
nonsu11icient 1unds Ae1ore and a1ter the dates on the checDs, as such circumstantial e;idence Bould alloB the Cur!
to 1ind that the de1endantFs issuance o1 and 1ailure to maDe good on the checDs Bere not done Bith criminal or
1raudulent intent.R.N7S
- 133/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N(S 3urle! ;. 6tate, 00 8riE. 0((, (9' $. (+9 (90(#: CommonBealth ;. 8lthause, 0,7 ?ass. 30, 93 N.E. 0,0
(9(,#.
8n attorne!Fs ;iolation o1 a court rule setting 1orth an attorne!Fs AooDDee"ing res"onsiAilities related to the "ractice
o1 laB, in and o1 itsel1, is insu11icient, as a matter o1 laB, to sustain a 1inding o1 criminal cul"aAilit!, in a
"rosecution 1or the1t A! a 1ailure to maDe the required dis"osition o1 the "ro"ert!, although, together Bith an! other
e;idence in the case, a Cur! ma! consider a ;iolation o1 the ruleFs requirements as e;idence o1 "ur"ose1ul conduct,
and the more egregious the ;iolation, the greater its "roAati;e ;alue is in assisting the Cur! in this determination.
6tate ;. ?ahone!, 37' N.4. 6u"er. '3, *'* 8.0d ((7( 8"". Di;. 0,,+#, certi1ication granted, 4ul! ((, 0,,+# and
Cudgment a11Fd in "art, re;Fd in "art on other grounds, 0,,' 7= (,'3'9( N.4. 0,,'#.
R.N0S ?onardes ;. 6tate, 0,,0 7= 3(43,++( -e/. 8"". El $aso 0,,0#.
R.N3S 6tate ;. Vars, (+4 Conn. 0++, 004 8.0d 744 (9''#.
R.N4S 7arren ;. 6tate, 003 2nd. ++0, '0 N.E.0d '04 (94+#: $lante ;. 6tate, '90 6.7.0d 4*7 -e/. Crim. 8"".
(9*+#.
R.N+S $eo"le ;. De?uirier, (,' 8.D.0d 0'', 4*0 N.9.6.0d 0*( (st De"Ft (9*4#.
R.N'S CruE>)e!es ;. 6tate, 74 $.3d 0(9 8lasDa Ct. 8"". 0,,3#.
R.N7S 6tate ;. Braham, 0(( 7. Va. '(4, +'7 6.E.0d '04 0,,0#.
Q (30. )es gestae
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D43, +,
2n larcen! "rosecutions, as in criminal cases generall!,R.N(S the res gestae e/ce"tion to the rule Aarring the
admission o1 hearsa! e;idenceR.N0S is a""licaAle.R.N3S ?oreo;er, declarations or acts o1 the de1endant are
admissiAle in his or her Aehal1 i1 the! constitute "art o1 the res gestae.R.N4S
R.N(S 8m. 4ur. 0d, E;idence QQ *',, *'(. R.N0S 8m. 4ur. 0d, E;idence QQ *', to *'0. R.N3S CommonBealth ;.
8lthause, 0,7 ?ass. 30, 93 N.E. 0,0 (9(,#: 6tate ;. 7il

lard, 34' ?o. 773, (40 6.7.0d (,4' (94,#: 6tate ;. ?a!er, (+4 7ash. ''7, 0*3 $. (9+ (909#.
R.N4S $eo"le ;. 3ea"e, 70 Cal. 8"". 00', 037 $. '' 0d Dist. (90+#.
- 134/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Q (33. $roo1 o1 other o11enses
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, Criminal =aB 3'9.+ 7estFs Pe! NumAer Digest, =arcen! D43, +,
-he general rule is that on the trial o1 a "erson 1or a "articular larcen!, e;idence to "ro;e that he or she had
committed another distinct o11ense is incom"etent and generall! "reCudicial,R.N(S since it does not tend to "ro;e
the accused guilt! o1 the crime charged.R.N0S -his is true although it is o11ered on the theor! o1 a single scheme or
cons"irac! connecting the tBo o11enses, Bhere there is no e;idence tending to estaAlish such connection.R.N3S -he
mere 1act that certain larcenies Bere committed on the same night, or during the same e/"edition, does not entitle
the "rosecution to shoB all in "roo1 o1 one.R.N4S -here are e/ce"tions to the general rule, and e;idence o1 other
o11enses and o1 "rior similar schemes is admissiAle in a "ro"er case to identi1! the accused as the "erson Bho
committed the larcen! charged,R.N+S to maDe out the res gestae,R.N'S or to maDe out a chain o1 circumstantial
e;idence o1 guilt in res"ect o1 the act charged.R.N7S
$ractice <uide:
E;idence Bhich legitimatel! tends to su""ort the charge is not to Ae e/cluded on the ground that it Bill shoB other
o11enses.R.N*S
2n some Curisdictions, the rule ma! Ae modi1ied A! statute, and requires that the other crime not Ae remote in time
and that e;idence o1 the other crime is not admissiAle to "ro;e the character o1 a "erson in order to shoB that he or
she acted in con1ormit! Bith such character Aut ma! Ae admissiAle 1or other "ur"oses, such as "roo1 o1 moti;e,
o""ortunit!, intent, "re"aration, "lan, DnoBledge, identit!, or aAsence o1 mistaDe or accident.R.N9S 8lso, although
rele;ant, e;idence ma! Ae e/cluded i1 its "roAati;e ;alue is suAstantiall! outBeighed A! the danger o1 un1air
"reCudice, con1usion o1 the issues, misleading o1 the Cur!, considerations o1 undue dela!, Baste o1 time, or needless
"resentation o1 cumulati;e e;idence.R.N(,S .urthermore, e;idence o1 other o11enses ma! Ae admitted to shoB a
common "lan or scheme,R.N((S
or Bhere it tends to estaAlish a general course o1 criminal conduct, and it is Bell settled that general e;idence o1 a
comAination to de1raud others in the same Ba! in Bhich the "rosecuting Bitness Bas de1rauded ma! Ae shoBn to
illustrate the animus and intention o1 the "arties in the "articular case.R.N(0S
-he rule that e;idence o1 "rior o11enses committed A! a de1endant, not resulting in a con;iction, is generall!
inadmissiAle either 1or im"eachment "ur"oses or as a "art o1 the stateFs case in chie1 a""lies in a larcen!
"rosecution.R.N(3S .urther, the admission o1 e;idence o1 an uncharged crime on the issue o1 identit! on less than
clear and con;incing "roo1 o1 a unique modus o"erandi is not "ro"er, and is error requiring re;ersal unless there is
o;erBhelming "roo1 o1 guilt.R.N(4S
R.N(S $eo"le ;. Connoll!, (*' 2ll. 8"". 3d 409, (34 2ll. Dec. 33*, +40 N.E.0d +(7 4th
Dist. (9*9#: 6tate ;. 3udson, 73' 6.7.0d +' ?o. Ct. 8"". E.D. (9*7#: BroBn ;. Com., 000 Va. +7(, 0*0 6.E.0d
(* (9*(#.
-he general rule is that e;idence o1 "rior acts or crimes cannot Ae recei;ed unless suAstantiall! rele;ant 1or some
"ur"ose other than to shoB a "roAaAilit! that a de1endant committed a crime charged Aecause he or she acted in
con1ormit! Bith his or her "ast Aeha;ior. 6tate ;. ?icDo, 393 N.7.0d 74( N.D. (9*'#.
- 135/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8s to admissiAilit! o1 "ast crimes e;idence, see 8m. 4ur. 0d, E;idence QQ 4,4 to 4(0. R.N0S $eo"le ;. <oldman,
3(* 2ll. 77, (4* N.E. *73, 4( 8.=.). 4'( (90+#. R.N3S 6tate ;. )ensloB, 0,9 2oBa 9*0, 009 N.7. 00+ (93,#.
R.N4S 6tate ;. Pelle!, '+ Vt. +3(, 07 8. 0,3 (*93#. R.N+S 4acDson ;. 6tate, (* 8la. 8"". 0+9, *9 6o. *90 (90(#:
$eo"le ;. 8quilante, 0,*
Cal. 8"". 0d +3,, 0+ Cal. )"tr. 344 4th Dist. (9'0#. R.N'S 4acDson ;. 6tate, (* 8la. 8"". 0+9, *9 6o. *90 (90(#.
R.N7S 4acDson ;. 6tate, (* 8la. 8"". 0+9, *9 6o. *90 (90(#. R.N*S 6t. Clair ;. 6tate, (,3 NeA. (0+, ('9 N.7. ++4
(9(9#: BecDman ;. 6tate, (00
%hio 6t. 443, * %hio =. 8As. 3+3, + N.E.0d 4*0 (93,#: )iche! ;. 6tate, 0* 7!o. ((7,
0,( $. (+4 (90(#. R.N9S 6tate ;. 7ells, 0+0 ?ont. (0(, *07 $.0d *,( (990#: 6tate ;. ?icDo, 393 N.7.0d 74(
N.D. (9*'#.
R.N(,S 6tate ;. 7ells, 0+0 ?ont. (0(, *07 $.0d *,( (990#.
R.N((S $eo"le ;. Co/, 0*' N.9. (37, 3' N.E.0d *4, (3' 8.=.). 943 (94(#. R.N(0S 6tate ;. )ensloB, 0,9 2oBa
9*0, 009 N.7. 00+ (93,#: ClarD ;. 6tate, (,0
NeA. 70*, ('9 N.7. 07( (9(*#: BecDman ;. 6tate, (00 %hio 6t. 443, * %hio =. 8As. 3+3, + N.E.0d 4*0 (93,#.
R.N(3S )ose ;. 6tate, ++' 6o. 0d 70* ?iss. (99,#. $roo1 o1 tBo uncharged larcenies Bas not "roAati;e o1 an!
element o1 the crimes
charged and ser;ed onl! to estaAlish the de1endantFs "redis"osition to commit the crimes charged. $eo"le ;.
?iguel, (4' 8.D.0d *,*, +37 N.9.6.0d 0*' 0d De"Ft (9*9#.
R.N(4S $eo"le ;. ?iguel, (4' 8.D.0d *,*, +37 N.9.6.0d 0*' 0d De"Ft (9*9#.
C. E;idence
3. 7eight and 6u11icienc!
a. 2n <eneral
-o"ic 6ummar! Correlation -aAle )e1erences
Q (34. <enerall!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D+4 to ''
-rial 6trateg!
- 136/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
$roo1 o1 -he1t 7ithin $ro"ert! 2nsurance Co;erage, 37 8m. 4ur. $roo1 o1 .acts 3d 9(
8ll the elements o1 larcen! must Ae estaAlished A! su11icient com"etent e;idence,R.N(S and the guilt o1 the accused
and e;er! material allegation o1 the indictment u"on Bhich it de"ends must Ae "ro;ed to the satis1action o1 the Cur!
Ae!ond a reasonaAle douAt. 2n ;arious larcen! "rosecutions the e;idence has Aeen 1ound either su11icientR.N0S or
insu11icientR.N3S to su""ort a con;iction. .urther, the e;idence in "articular cases has Aeen 1ound to Ae either
su11icient to "ro;e the element o1 taDing or o1 as"ortation in a larcen! "rosecution.R.N4S E;idence has also Aeen
1ound to Ae su11icient to shoB that the taDing Bas unauthoriEedR.N+S and that the de1endant e/ercised unauthoriEed
control o1 the ;ictimFs "ro"ert!.R.N'S 8 ;ictimFs nonconsent to a trans1er o1 "ro"ert! can Ae "ro;en in a larcen!
"rosecution A! circumstantial e;idence, Bhich ma! include e;idence that the de1endant DneB the ;ictim lacDed the
mental ca"acit! to consent to the taDing o1 his or her "ro"ert!.R.N7S
%Aser;ation:
-he e;idence ma! Ae su11icient to su""ort a larcen! con;iction e;en though some o1 the e;idence is con1licting.
R.N*S
7hen larcen! can Ae estaAlished A! e;idence that Bould ha;e Barranted a con;iction u"on an! one o1 the three
1ormerl! se"arate charges o1 larcen!, emAeEElement, or oAtaining A! 1alse "retenses, "roo1 o1 GstealingG can Ae
used to su""ort an! o1 the theories o1 larcen! e;en though the state does not elect its theor! o1 the manner in Bhich
the alleged larcenies Bere committed A! the de1endant.R.N9S
C5?5=8-2VE 65$$=E?EN-
Cases:
E;idence Bas su11icient to su""ort con;iction 1or sho"li1ting: loss "re;ention su"er;isor at store testi1ied that he
saB de1endant o"en tBo sealed Ao/es o1 Bheel co;ers, remo;e a retention Bire 1rom one Ao/, and then "lace it in
the other Ao/, and he 1urther testi1ied that the "rice o1 a Ao/ o1 1our Bheel co;ers and 1our retention Bires Bas
L((.'' and that the included items Bere sold as a set. <en.=aBs (9+', Q ((\4(\0,A#3#. 6tate ;. Cardin, 9*7 8.0d
04*
).2. 0,(,#.
REND %. 65$$=E?EN-S
R.N(S 6tate ;. 7illard, 34' ?o. 773, (40 6.7.0d (,4' (94,#.
8s to Beight and su11icienc! o1 e;idence, generall!, see 8m. 4ur. 0d, E;idence QQ (43, to (499.
R.N0S 5.6. ;. %li;er, 03* ..3d 47( 3d Cir. 0,,(#: 4ohnson ;. 6tate, 07+ <a. 8"". ('(, '0, 6.E.0d 433 0,,+#
the1t A! taDing#: .orrest ;. 6tate, 7*0 6o. 0d (0', ?iss. Ct. 8"". 0,,(# larcen! o1 li;estocD#.
R.N3S )e!es ;. 6tate, **3 6o. 0d 39, .la. Dist. Ct. 8"". 4th Dist. 0,,4# grand the1t#: Buntin ;. 6tate, *3* N.E.0d
((*7 2nd. Ct. 8"". 0,,+# auto the1t#: ?cClendon ;. 6tate, *+0 6o. 0d 43 ?iss. Ct. 8"". 0,,0#.
R.N4S 6tate ;. -oro, '0 Conn. 8"". '3+, 770 8.0d '4* 0,,(#: Com. ;. VicDers, ', ?ass. 8"". Ct. 04, 79* N.E.0d
+7+ 0,,3#: 6tate ;. Pelle!, 0,,+ ?- 0,,, 30* ?ont. (*7, ((9 $.3d '7 0,,+#: 6tate ;. %sAorne, (49 N.C. 8"".
03+, +'0 6.E.0d +0* 0,,0#, a11Fd, 3+' N.C. 404, +7( 6.E.0d +*4 0,,0#.
R.N+S Com. ;. <artland, +7 ?ass. 8"". Ct. ((,3, 7*( N.E.0d 7( 0,,3#: 8cDer ;. 6tate, 793 6o. 0d '9( ?iss. Ct.
8"". 0,,(#: 6tate ;. Emer!, (+0 N.3. 7*3, **7 8.0d (03 0,,+#: 6tate ;. %sAorne, (49 N.C. 8"". 03+, +'0 6.E.0d
+0* 0,,0#, a11Fd, 3+'
- 137/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N.C. 404, +7( 6.E.0d +*4 0,,0#.
R.N'S <amAle ;. 6tate, 3+( 8rD. +4(, 9+ 6.7.3d 7++ 0,,3#.
R.N7S 6tate ;. Calonico, 0+' Conn. (3+, 77, 8.0d 4+4 0,,(#.
R.N*S BoBie ;. 6tate, *(' 6o. 0d 40+ ?iss. Ct. 8"". 0,,0#.
R.N9S Com. ;. ?ills, 43' ?ass. 3*7, 7'4 N.E.0d *+4 0,,0#.
Q (3+. Circumstantial e;idence
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D+4 to ''
8 con;iction on a larcen! charge ma! Ae Aased on circumstantial e;idence.R.N(S 7hen a con;iction 1or larcen! is
sought u"on circumstantial e;idence, the "roo1 must Ae such as not onl! to authoriEe a Aelie1 in the guilt o1 the
accused Aut also to e/clude e;er! other reasonaAle h!"othesis.R.N0S 6tated another Ba!, to Custi1! a con;iction 1or
larcen! on circumstantial e;idence, the 1acts and circumstances essential to the conclusion sought must Ae "ro;ed
A! com"etent e;idence Ae!ond a reasonaAle douAt, and Bhen taDen together must Ae o1 such character as to Ae
consistent Bith each other and Bith the h!"othesis sought to Ae estaAlished thereA! and inconsistent Bith an!
reasonaAle h!"othesis o1 innocence.R.N3S
%Aser;ation:
E;en Bhere the e;idence is entirel! circumstantial, i1 it reasonaAl! tends to "ro;e the guilt o1 the accused a ;erdict
Aased thereon carries the same "resum"tion o1 correctness as other ;erdicts and should not Ae disturAed unless
Bholl! unBarranted.R.N4S
2n ;arious cases circumstantial e;idence has Aeen 1ound su11icientR.N+S or insu11icientR.N'S to sustain a larcen!
con;iction.
C5?5=8-2VE 65$$=E?EN-
Cases:
7hen re;ieBing the su11icienc! o1 circumstantial e;idence, in assessing the in1erences draBn 1rom the
circumstances "ro;ed, the inquir! is not sim"l! Bhether the in1erences leading to guilt are reasonaAle: although
that must Ae true in order to con;ict, it must also Ae true that there are no other reasonaAle, rational in1erences that
are inconsistent Bith guilt Aecause i1 an!
one or more circumstances 1ound "ro;ed are inconsistent Bith guilt, or consistent Bith innocence, then a reasonaAle
douAt as to guilt arises. 6tate ;. 8l>Naseer, 7** N.7.0d 4'9 ?inn. 0,(,#.
2n identi1!ing the circumstances "ro;ed, as required in a re;ieB o1 the su11icienc! o1 circumstantial e;idence, the
6u"reme Court de1ers, consistent Bith its standard o1 re;ieB, to the Cur!Fs acce"tance o1 the "roo1 o1 these
circumstances and reCection o1 e;idence in the record that con1licted Bith the circumstances "ro;ed A! the 6tate.
6tate ;. 8ndersen, 7*4 N.7.0d 30, ?inn. 0,(,#.
- 138/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
REND %. 65$$=E?EN-S
R.N(S 3a!Borth ;. 6tate, 79* N.E.0d +,3 2nd. Ct. 8"". 0,,3#: Cates ;. 6tate, *03 6o. 0d (009 ?iss. Ct. 8"".
0,,0#.
Circumstantial e;idence that the de1endant Bas oAser;ed entering a store Bith an em"t! Bhite Aag and lea;ing the
store Bith a 1ull Bhite Aag, that she did not "urchase an!thing in the store, and that a Bhite Aag 1ound near the
de1endant in another store contained merchandise 1rom the 1irst store su""orted her sho"li1ting con;iction. =eBis
;. 6tate, 047 <a. 8"". *,*, +4+ 6.E.0d 3*( 0,,(#.
R.N0S 6tate ;. .airAanDs, (4, ?ont. 043, 37, $.0d 497 (9'0# o;erruled in "art on other grounds A!, 6tate ;.
$roctor, (+3 ?ont. 9,, 4+4 $.0d '(' (9'9##.
R.N3S 6tate ;. %hler, (7* NeA. +9', (34 N.7.0d 0'+ (9'+#.
R.N4S ?urdocD ;. 6tate, 3+( $.0d '74 7!o. (9',#.
R.N+S 5.6. ;. ?arshall, 04* ..3d +0+, 0,,( .ED 8"". ,(3+$ 'th Cir. 0,,(#: <raham
;. 6tate, 0'9 <a. 8"". +9,, ',4 6.E.0d '+( 0,,4#: BrinD ;. 6tate, *37 N.E.0d (90 2nd. Ct. 8"". 0,,+#, trans1er
denied, *4( N.E.0d (93 2nd. 0,,+#: =eigh ;. 6tate, 0,,0 7= 3(3,''4+ -e/. 8"". -e/arDana 0,,0#, "etition 1or
discretionar! re;ieB re1used, 4an. (+, 0,,3#.
R.N'S .reeman ;. Com., 0,,0 7= 907',9 Va. Ct. 8"". 0,,0#.
Q (3'. $roo1 o1 cor"us delicti
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D+'
-here is no in;ariaAle rule as to the quantum o1 "roo1 necessar! to estaAlish the cor"us delicti, and some courts sa!
that each case must de"end in a measure u"on its oBn circumstances,R.N(S Aut in order to Barrant a con;iction 1or
larcen! it is essential that the Cur! should Ae con;inced Ae!ond a reasonaAle douAt that the goods alleged to ha;e
Aeen stolen Bere 1eloniousl! taDen and carried aBa!.R.N0S 2t is not essential that the cor"us delicti should Ae
estaAlished A! e;idence inde"endent o1 that Bhich tends to connect the accused Bith the "er"etration o1 the
o11ense, and the same e;idence Bhich tends to "ro;e one ma! also tend to "ro;e the other, so that the e/istence o1
the crime and the guilt o1 the de1endant ma! stand together inse"araAl! on one 1oundation o1 circumstantial
e;idence.R.N3S -he cor"us delicti, liDe an! other 1act, ma! Ae estaAlished A! circumstantial e;idence,R.N4S
"ro;ided such circumstantial e;idence is su11icientl! clear to e/clude an! reasonaAle h!"othesis o1 innocence.
R.N+S 3oBe;er, Bhen circumstantial e;idence is relied on to "ro;e the cor"us delicti, the essential 1act or 1acts
must Ae estaAlished Ae!ond a reasonaAle douAt A! e;idence o1 the most cogent and irresistiAle Dind.R.N'S
R.N(S $eo"le ;. <oodBin, 0'3 2ll. 99, (,4 N.E. (,(* (9(4#.
R.N0S )oAerts ;. 6tate, '( 8la. 4,(, (*7* 7= (,'+ (*7*#.
-he "rosecution adequatel! estaAlished the cor"us delicti o1 the crime o1 larcen! o1 li;estocD, as Aoth the oBners o1
the stolen cattle testi1ied the! Bere ;ictims o1 the1t, the oBners Bere aAle to identi1! hoB the cattle Bere stolen and
Bere aAle to identi1! the indi;idual coBs that Bere stolen, and testimon! o1 an in;estigator indicated a crime had
actuall! occurred. .orrest ;. 6tate, 7*0 6o. 0d (0', ?iss. Ct. 8"". 0,,(#.
- 139/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N3S Bosle! ;. 6tate, (*0 8rD. ((*4, 33 6.7.0d +3 (93,#: 6toutamire ;. 6tate, (33 .la. 7+7, (*3 6o. 3(' (93*#:
3il!ard ;. 6tate, 9, %Dla. Crim. 43+, 0(4 $.0d 9+3, 0* 8.=.).0d 9'( (9+,#. R.N4S 7inn ;. Com., 3,3 6.7.0d
07+ P!. (9+7#: 3il!ard ;. 6tate, 9, %Dla. Crim. 43+, 0(4 $.0d 9+3, 0* 8.=.).0d 9'( (9+,#. R.N+S 7oods ;.
$eo"le, ((( Colo. 44*, (40 $.0d 3*' (943#. R.N'S 6tate ;. Elmore, (0' ?ont. 030, 047 $.0d 4** (9+0#.
Q (3*. $roo1 o1 intent
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D+7
8 con;iction o1 larcen! requires "roo1 Ae!ond a reasonaAle douAt o1 the de1endantFs intent to steal, Bhich must
accom"an! his or her taDing o1 the "ro"ert!.R.N(S 2ntent, Aeing a state o1 mind, is generall! estaAlished A!
circumstantial e;idence in the1t "rosecutions.R.N0S 2n ;arious cases the e;idence has Aeen 1ound to Ae su11icient to
"ro;e larcenous intent,R.N3S criminal intent,R.N4S or s"eci1ic intent,R.N+S and con;ersel!, insu11icient to "ro;e
intent,R.N'S 1elonious intent,R.N7S or criminal intent.R.N*S
=arcen! is a s"eci1ic intent crime 1or Bhich the state Aears the Aurden o1 "ro;ing Ae!ond a reasonaAle douAt that
the de1endant intended to de"ri;e an oBner "ermanentl! o1 his or her "ro"ert!.R.N9S =iDe the other elements o1
the1t, the intent to de"ri;e ma! Ae estaAlished A! circumstantial e;idence.R.N(,S 2n ;arious cases the e;idence has
Aeen 1ound to Ae su11icientR.N((S or insu11icientR.N(0S to "ro;e the de1endant intended to "ermanentl! de"ri;e
the ;ictim o1 "ro"ert!.
2n a retail the1t case, intent ma! Ae "ro;ed aAsent a sus"ectFs actuall! lea;ing the store, Bhere the sus"ect remo;es
the merchandise Ae!ond the last DnoBn station 1or recei;ing "a!ments.R.N(3S
8s a general rule, Bhere there is some e;idence that the taDing Bas under claim o1 right on the "art o1 the accused,
e;idence that the "ro"ert! Bas taDen o"enl!, Bithout an! concealment or suAsequent e11ort to conceal the taDing, is
e;idence o1 good 1aith in the claim o1 right thereto and is 1requentl! stated A! the courts to Ae strong e;idence or
;er! "oBer1ul e;idence thereo1.R.N(4S
C5?5=8-2VE 65$$=E?EN-
Cases:
7hen a taDing Bas in the o"en, Bith no suAsequent attem"t to conceal it, and there Bas no concealment nor denial
o1 such taDing, Aut on the other hand, an e/"ress a;oBal thereo1, a strong "resum"tion arises that the de1endant had
no 1elonious intent, and thus did not commit grand the1t. <inn ;. 6tate, 0' 6o. 3d 7,' .la. Dist. Ct. 8"". 0d Dist.
0,(,#.
6u11icient e;idence that de1endant had the s"eci1ic intent to commit grand the1t Bhen he Bithheld homeoBnerFs
de"osit 1or solar "anel BorD des"ite Aeing asDed to re1und it su""orted con;iction 1or grand the1t: de1endant had no
- 140/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
legal claim to the de"osit mone! since he Bas an unlicensed contractor. 7estFs ..6.8. QQ 4*9.(0*(#, *(0.,(4(#
a#. 3eAert ;. 6tate, 0+ 6o. 3d '(0 .la. Dist. Ct. 8"". (st Dist. 0,,9#.
6u11icient e;idence that, Bhile in laB1ul "ossession o1 ;ictimFs "icD>u" trucD, de1endant unlaB1ull! a""ro"riated
trucD Bith the intention o1 de"ri;ing ;ictim o1 the trucD su""orted con;iction 1or the1t A! taDing: de1endant De"t
trucD 1or more than a !ear a1ter com"leting re"airs on it and Bas using the trucD as his residence des"ite ;ictimFs
re"eated attem"ts to contact de1endant aAout getting the trucD AacD. 7estFs <a.Code 8nn. Q ('\*\0. -hornton ;.
6tate, 3,( <a. 8"". 7*4, '*9 6.E.0d 3'( 0,,9#.
E;idence Bas insu11icient to shoB that de1endant had a s"eci1ic intent to commit larcen! Bhen he AroDe into and
entered a retail de"artment store, as required 1or con;iction 1or AreaDing and entering Bith intent to commit
larcen!: e;idence "ro;ed onl! that de1endant 1orciAl! AroDe into and entered store A! AreaDing glass in entrance
door, that he BalDed around in store 1or a""ro/imatel! 1our minutes, that he sho;ed a sho""ing cart into a racD o1
clothing, and that he e/ited store Bithout touching or tam"ering Bith cash registers and Bithout remo;ing an!
merchandise. Vincent ;. Com., 07' Va. '4*, ''* 6.E.0d (37 0,,*#.
REND %. 65$$=E?EN-S
R.N(S -ar"le! ;. Com., 0'( Va. 0+(, +40 6.E.0d 7'( 0,,(#. R.N0S 5nderBood ;. 6tate, *'0 6o. 0d *,, .la. Dist.
Ct. 8"". 4th Dist. 0,,3#. R.N3S $eo"le ;. =ane, 0+ 8.D.3d +(7, *,* N.9.6.0d 00+ (st De"Ft 0,,'#. R.N4S
Netherl! ;. 6tate, *,4 6o. 0d 433 .la. Dist. Ct. 8"". 0d Dist. 0,,(#: ?atth

iessen ;. 6tate, 077 <a. 8"". +4, '0+ 6.E.0d 400 0,,+#, cert. denied, 8"r. 0+, 0,,'#:
Chisolm ;. 6tate, *+' 6o. 0d '*( ?iss. Ct. 8"". 0,,3#. R.N+S 6tate ;. Bean, *99 6o. 0d 7,0 =a. Ct. 8"". (st Cir.
0,,+#, Brit granted, 90+ 6o. 0d 4*9 =a. 0,,'#.
R.N'S BeniteE ;. 6tate, *+0 6o. 0d 3*' .la. Dist. Ct. 8"". 3d Dist. 0,,3#. R.N7S )oBe ;. 6tate, 7*0 6o. 0d 949
.la. Dist. Ct. 8"". 0d Dist. 0,,(#. R.N*S 6tate ;. Braham, 0(( 7. Va. '(4, +'7 6.E.0d '04 0,,0#.
R.N9S 6tate ;. Calonico, 0+' Conn. (3+, 77, 8.0d 4+4 0,,(#: 6tate ;. .isher, *0 Conn. 8"". 4(0, *44 8.0d 9,3
0,,4#, certi1ication denied, 0'9 Conn. 9((, *+0 8.0d 74( 0,,4#.
R.N(,S $eo"le e/ rel. B.4.-., 0,,+ 6D (03, 7,7 N.7.0d 4*9 6.D. 0,,+#.
R.N((S 6tate ;. 6olBa!, (39 2daho 9'+, ** $.3d 7*4 Ct. 8"". 0,,4#: 6tate ;. ?c>Cart!, '*3 N.7.0d (07 2oBa
Ct. 8"". 0,,4#: 6tate ;. Pui"ers, 0,,+ ?- (+', 307 ?ont. 43(, ((4 $.3d (,33 0,,+#: 6tate ;. 4onusas, 0'9 NeA.
'44, '94 N.7.0d '+( 0,,+#: =edet ;. 6tate, (77 6.7.3d 0(3 -e/. 8"". 3ouston (st Dist. 0,,+#, "etition 1or
discretionar! re;ieB re1used, 6e"t. (4, 0,,+#.
R.N(0S 6tate ;. Ellis, '7( N.7.0d +30 2oBa Ct. 8"". 0,,3#.
R.N(3S $eo"le ;. 3art, 33* 2ll. 8"". 3d 9*3, 073 2ll. Dec. 73(, 7*9 N.E.0d 9,+ 0d Dist. 0,,3#.
E;idence Bas su11icient to su""ort a de1endantFs con;iction 1or the1t o1 goods ;alued at AetBeen L(,,.,, and
L+,,.,,, des"ite the de1endantFs contention that the state 1ailed to estaAlish intent, as it Bas "ossiAle to in1er the
requisite intent to commit the1t 1rom the 1act that the de1endant "ut merchandise in a Aag and e/ited the store
Bithout "a!ing 1or it. 6tate ;. 7eidenAacDer, 7*0 6o. 0d (,4, =a. Ct. 8"". +th Cir. 0,,(#.
R.N(4S BlacD ;. 6tate, *3 8la. *(, 3 6o. *(4 (***#: Dean ;. 6tate, 4( .la. 09(, 0' 6o. '3* (*99#: Cause! ;. 6tate,
79 <a. +'4, + 6.E. (0( (***#: 6tate ;. $oBell, (,3 N.C. 404, 9 6.E. '07 (**9#: 7hitloB ;. Com., (*4 Va. 9(,,
37 6.E.0d (* (94'#.
- 141/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 Cur! has Aeen held Custi1ied in 1inding either that the de1endant acted Bith, or that he acted Bithout, the requisite
criminal intent in taDing used AomA casings 1rom a go;ernment AomAing range, allegedl! in the Aelie1 that the!
Bere aAandoned, Bhere, on the one hand, the de1endant Bas aBare that the casings Bere taDen on go;ernment
"ro"ert! and he 1ailed to seeD an! "ermission 1or their remo;al, and, on the other hand, hea"s o1 s"ent casings le1t
to rust aBa! "resented an a""earance o1 unBanted and aAandoned CunD, and lacD o1 an! conscious de"ri;ation o1
"ro"ert! or intentional inCur! Bas indicated A! de1endantFs good character, the o"enness o1 the taDing, handling,
and trans"orting o1 the casings, and the candor Bith Bhich all the 1acts Bere admitted A! de1endant. ?orissette ;.
5.6., 340 5.6. 04', 70 6. Ct. 04,, 9' =. Ed. 0** (9+0#.
3. 7eight and 6u11icienc!
A. $ossession o1 6tolen <oods
-o"ic 6ummar! Correlation -aAle )e1erences
Q (4(. <enerall!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D'4 to '4*#
-he doctrine o1 recent "ossession o1 stolen "ro"ert! is a rule o1 laB that, u"on an indictment 1or larcen!, "ossession
o1 recentl! stolen "ro"ert! raises a "resum"tion o1 the "ossessorFs guilt o1 the larcen! o1 such "ro"ert!.R.N(S .or
the doctrine o1 recent "ossession to a""l!, the state must "ro;e Ae!ond a reasonaAle douAt that: (# the "ro"ert!
Bas stolen: 0# the de1endant had "ossession o1 this same "ro"ert!: and 3# the de1endant had "ossession o1 this
"ro"ert! so soon a1ter it Bas stolen and under such circumstances as to maDe it unliDel! that he or she oAtained
"ossession honestl!.R.N0S
7hile the une/"lained "ossession o1 recentl! stolen "ro"ert! is su11icient e;idence 1rom Bhich the trier o1 1act ma!
in1er the actual the1t,R.N3S the recent "ossession o1 stolen goods Bill not automaticall! su""ort a guilt! ;erdict 1or
the1t, as instead, recent "ossession is to Ae ;ieBed as "roAati;e e;idence o1 the crime and is re;ieBed along Bith
the other e;idence in the case to determine Bhether an! rational Curor could 1ind the de1endant guilt! Ae!ond a
reasonaAle douAt.R.N4S -he in1erence deri;ed 1rom the de1endantFs recent "ossession o1 stolen "ro"ert! is to Ae
considered A! the Cur! merel! as an e;identiar! 1act along Bith other e;idence in the case in determining Bhether
the state has carried the Aurden o1 satis1!ing the Cur! Ae!ond a reasonaAle douAt o1 the de1endantFs guilt o1 larcen!.
R.N+S
$ractice <uide:
-he "ossession o1 recentl! stolen "ro"ert! is a strong circumstance tending to shoB guilt, and onl! slight
corroAorati;e e;idence o1 other incul"ator! circumstances is required.R.N'S
%nce that "ermissiAle in1erence arises, the su11icienc! o1 the e;idence to sustain a con;iction 1or the1t must still Ae
e/amined according to a""licaAle e;identiar! standards o1 a""ellate re;ieB, since the in1erence is not conclusi;e.
R.N7S 2t does not in an! case raise a "resum"tion
o1 laB that the de1endant committed the alleged larcen!,R.N*S Aut raises onl! a "ermissiAle in1erence that the
"ossessor o1 recentl! stolen "ro"ert! is the thie1.R.N9S
C5?5=8-2VE 65$$=E?EN-
- 142/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cases:
-he insu11icienc! o1 uncorroAorated "ossession o1 recentl! stolen "ro"ert! to estaAlish the accusedFs guilt o1 a the1t>
related o11ense does not deri;e 1rom an e/trinsic legal rule Aut, rather, is a""arent 1rom the general rule go;erning
the Cur!Fs consideration o1 circumstantial e;idence. $eo"le ;. NaCera, 43 Cal. 4th ((30, 77 Cal. )"tr. 3d ',+, (*4
$.3d 730 0,,*#.
2n order to in;oDe the "resum"tion that a de1endant is guilt! o1 larcen! under the doctrine o1 recent "ossession, the
state must "ro;e that (# the "ro"ert! descriAed in the indictment Bas stolen: 0# the stolen goods Bere 1ound in
de1endantFs custod! and suACect to his control and dis"osition to the e/clusion o1 others: and 3# the "ossession Bas
recentl! a1ter the larcen!. 6tate ;. =ee, 7(3 6.E.0d (74 N.C. Ct. 8"". 0,((#.
REND %. 65$$=E?EN-S
R.N(S 6tate ;. Ethridge, ('* N.C. 8"". 3+9, ',7 6.E.0d 30+ 0,,+#, a11Fd, 3', N.C. 3+9, '0+ 6.E.0d 777 0,,'#.
R.N0S 6tate ;. EarBood, (++ N.C. 8"". '9*, +74 6.E.0d 7,7 0,,3#.
R.N3S BroBn ;. 6tate, *07 N.E.0d (49 2nd. Ct. 8"". 0,,+#: ?!ers ;. 6tate, ('+ ?d. 8"". +,0, **+ 8.0d 90,
0,,+#, cert. granted, 39( ?d. +77, *94 8.0d +4+ 0,,'#: 3arris ;. Com., 3* Va. 8"". '*,, +'* 6.E.0d 3*+ 0,,0#,
Cudgment re;Fd on other grounds, 0'' Va. 0*, +*( 6.E.0d 0,' 0,,3#.
-he une/"lained and e/clusi;e "ossession o1 stolen "ro"ert! shortl! a1ter the the1t Custi1ies an in1erence that the
"ossessor is the thie1. 6tate ;. $ierro, 3++ N.4. 6u"er. (,9, *,9 8.0d *,4 8"". Di;. 0,,0#.
R.N4S Cothran ;. 6tate, 0'9 <a. 8"". 0+', ',3 6.E.0d 7'0 0,,4#.
$ossession o1 recentl! stolen "ro"ert! Bhen Coined Bith attem"ts at concealment, e;asi;e or 1alse statements, or an
unusual manner o1 acquisition ma! Ae su11icient e;idence o1 DnoBledge that the "ro"ert! Bas stolen. $uri1o! ;.
6tate, *0( N.E.0d 4,9 2nd. Ct. 8"". 0,,+#, trans1er denied, *3( N.E.0d 74( 2nd. 0,,+#.
E;idence o1 "ossession o1 stolen "ro"ert!, standing alone, ma! Ae as consistent Bith innocence as Bith guilt 1or
the1t. 6tate ;. Pelle!, 0,,+ ?- 0,,, 30* ?ont. (*7, ((9 $.3d '7 0,,+#.
R.N+S 6tate ;. $icDard, (43 N.C. 8"". 4*+, +47 6.E.0d (,0 0,,(#.
$resum"tion that a de1endant in "ossession o1 recentl! stolen "ro"ert! is guilt! o1 its Brong1ul taDing and o1 the
unlaB1ul entr! associated Bith that taDing is strong or BeaD de"ending u"on the circumstances o1 the case and the
length o1 time inter;ening AetBeen the larcen! o1 the goods and the disco;er! o1 them in the de1endantFs
"ossession. 6tate ;. ?c@ueen, ('+ N.C. 8"". 4+4, +9* 6.E.0d '70 0,,4#, re;ieB denied, 3+9 N.C. 0*+, '(,
6.E.0d 3*+ 0,,+#.
R.N'S BroBn ;. 6tate, 0,,4 79 +7, 9, $.3d 9* 7!o. 0,,4#.
R.N7S 3ardest! ;. 6tate, '+' 6.7.0d 73 -e/. Crim. 8"". (9*3#.
R.N*S $untasecca ;. 6tate, (70 6o. 0d **+ .la. Dist. Ct. 8"". 3d Dist. (9'+#: BosBell
;. 6tate, + ?d. 8"". +7(, 049 8.0d 49, (9'*#: Bush ;. 6tate, +4( 6.7.0d 39( -enn. (97'#: Barnes ;. Com., (9,
Va. 730, +* 6.E.0d (0 (9+,#.
- 143/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
R.N9S 6tate ;. 3argett, (4* N.C. 8"". '**, ++9 6.E.0d 0*0 0,,0#, re;ieB alloBed, Brit alloBed, 3++ N.C. 3+(,
+'0 6.E.0d 40' 0,,0#.
Q (4*. 8llegations as to "ro"ert! stolenV%Bnershi" and "ossession
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D4,9#, 4,(,#
-he oBnershi" or "ossession o1 the "ro"ert! stolen must Ae "ro;ed as alleged in the indictment, and i1 the "roo1
shoBs that the "ro"ert! Bas oBned A! another, there is a 1atal ;ariance.R.N(S -he allegation as to Bho Bas the
oBner is material, since the consent o1 the oBner can Ae a de1ense.R.N0S 21 an indictment 1or larcen! 1ails to allege
the e/istence o1 a "erson Bith title or a s"ecial "ro"ert! interest in the stolen "ro"ert!, then the indictment contains
a 1atal ;ariance.R.N3S ?ost courts hold, hoBe;er, that an indictment or in1ormation alleging oBnershi" in a certain
"erson is sustained A! "roo1 o1 "ossession in that "erson, as A! "roo1 that the "erson Bas agent or Aailee o1 the true
oBner, or had, in Aehal1 o1 the oBner, the control, care, and management o1 the "ro"ert! stolen at the time it Bas
taDen: in such case there is no material ;ariance AetBeen the indictment or in1ormation and the "roo1.R.N4S -hus,
Bhere an indictment la!s the oBnershi" o1 stolen "ro"ert! in one Bho is its laB1ul custodian and entitled to its
"ossession, it is not a 1atal ;ariance i1 the "roo1 shoBs that the legal title to the "ro"ert! Bas in someone other than
the "erson in Bhose "ossession it Bas and Bho had the care and management o1 it.R.N+S
8 1atal ;ariance e/isted AetBeen an indictment charging a de1endant Bith 1elonious larcen!, Bhich required "roo1
o1 a taDing A! tres"ass, and the e;idence "resented at trial that the de1endant held a leasehold interest in real
"ro"ert!, and there1ore, Bas in laB1ul "ossession o1 the "ro"ert! 1rom Bhere mone! Auried in a !ard Bas taDen.
R.N'S
R.N(S CartBright ;. 5.6., (4' ..0d (33 C.C.8. +th Cir. (944#: 6tate ;. 7einstein, 004
N.C. '4+, 3( 6.E.0d 90,, (+' 8.=.). '0+ (944#.
No 1atal ;ariance e/isted AetBeen an indictment and the "roo1 o11ered at trial 1or the 1elon! o11ense o1 aggregate
the1t o1 more than L0,,,,,,, as although the de1endant ar

gued a 1atal ;ariance e/isted since she Bas charged Bith stealing mone! 1rom the oBner o1 the com"anies in the
indictment and the state "resented e;idence at trial that some stolen mone! Bas the "ro"ert! o1 di11erent entities,
testimon! estaAlished that the oBner oBned all the entities that Bere in;ol;ed in the alleged ;ariance and that the
de1endant did not oBn an! interest in the com"anies, and thus, the oBner, 1or "ur"oses o1 the trial, Bas considered
the oBner o1 the mone!. )euter ;. 6tate, 0,,' 7= 34*(4' -e/. 8"". 3ouston (st Dist. 0,,'#.
R.N0S $eeD ;. 6tate, 39 8la. 8"". (9*, 9' 6o. 0d 7,' (9+7#.
R.N3S 6tate ;. Cra!cra1t, (+0 N.C. 8"". 0((, +'7 6.E.0d 0,' 0,,0#.
R.N4S 6tate ;. <raham, 47 N.C. 8"". 3,3, 0'7 6.E.0d +' (9*,#: 6tate ;. 3olle!, 3+
- 144/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N.C. 8"". '4, 039 6.E.0d *+3 (97*#: 6tate ;. )oAinette, 33 N.C. 8"". 40, 034 6.E.0d 0* (977#. 8s to the Beight
and su11icienc! o1 e;idence as to oBnershi", see Q (('. R.N+S 6tate ;. Da;is, '( N.4. 6u"er. +3', ('( 8.0d ++0
8"". Di;. (9',#.
R.N'S 6tate ;. 4ones, '0* 6.E.0d 43' N.C. Ct. 8"". 0,,'#.
Q (49. $ro;ince o1 court and Cur!
7estFs Pe! NumAer Digest
7estFs Pe! NumAer Digest, =arcen! D'*(# to '*3#
8n! "oBer o1 the court to direct or ad;ise a ;erdict o1 acquittal or order the discharge o1 the "risoner 1or a 1ailure
o1 the "rosecution to maDe out its case is, as a rule, con1ined to cases Bhere e;idence tending to "ro;e, or 1rom
Bhich the Cur! ma! in1er, the e/istence o1 some essential element o1 the o11ense is totall! lacDing, or Bhere the onl!
e;idence u"on the "oint is incom"atiAle Bith the e/istence o1 such element: Aut i1 such is the case, the dut! rests on
the court to direct or ad;ise an acquittal.R.N(S -hus, a de1endant is not entitled to a "erem"tor! instruction 1or a
;erdict o1 acquittal in a "rosecution 1or larcen! Bhen there is su11icient e;idence that the de1endant committed the
charged o11enses so as to create a question o1 1act 1or the Cur! to resol;e.R.N0S
$ractice <uide:
8 tBo>"ronged test determines Bhether the e;idence adduced at a grand the1t trial to "ro;e the ;alue o1 stolen
"ro"ert! is su11icient to Bithstand a motion 1or Cudgment o1 acquittal: 1irst, the court must ascertain Bhether the
"erson testi1!ing is com"etent to testi1! as to the ;alue o1 the "ro"ert!, and second, i1 the "erson is com"etent, the
court must ascertain Bhether the e;idence adduced at trial is su11icient to "ro;e that the "ro"ert! Bas Borth o;er
the statutor! minimum amount at the time o1 the the1t.R.N3S
R.N(S 6tate ;. 7illard, 34' ?o. 773, (40 6.7.0d (,4' (94,#: %tts ;. 6tate, (3+ -e/. Crim. 0*, ((' 6.7.0d (,*4,
((' 8.=.). (4+4 (93*#.
8 de1endantFs e/"lanation 1or his "ossession o1 stolen stereo equi"ment Bas onl! arguaAl! reasonaAle and not
"atentl! reasonaAle, and thus the de1endant Bas not entitled to a Cudgment o1 acquittal in a circumstantial e;idence
case 1or grand the1t and dealing in stolen "ro"ert!, as the de1endantFs crediAilit! Bas undermined A! a con1lict
AetBeen
his testimon! and a detecti;eFs testimon! as to Bhether the de1endantFs roommate, Bho allegedl! ga;e the stereo
equi"ment to the de1endant and claimed that it Bas his, Bas a""rehended a1ter the de1endant identi1ied the
roommate to the "olice. 7ilson ;. 6tate, **4 6o. 0d 74 .la. Dist. Ct. 8"". 0d Dist. 0,,4#.
R.N0S 4ones ;. 6tate, *(9 6o. 0d ++* ?iss. Ct. 8"". 0,,0#.
R.N3S 6ellers ;. 6tate, *3* 6o. 0d ''( .la. Dist. Ct. 8"". (st Dist. 0,,3#.
-he e;idence "resented at a grand the1t trial Bas insu11icient to "ro;e that the ;alue o1 the stolen "ro"ert! Bas
greater than L3,,: thus, the trial court erred in den!ing the de1endantFs motion 1or a Cudgment o1 acquittal, Bhere
- 145/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the ;ictim "ro;ided onl! an estimate, and the state 1ailed to elicit testimon! regarding the condition o1 the "ro"ert!
at the time o1 the the1t. 6ellers ;. 6tate, *3* 6o. 0d ''( .la. Dist. Ct. 8"". (st Dist. 0,,3#.
N)6 (73.,7+. Nature and contents generall!

G(.-he indictment or the in1ormation must Ae a "lain, concise and de1inite Britten statement o1 the essential 1acts
constituting the o11ense charged. 2t must Ae signed A! the 8ttorne! <eneral acting "ursuant to a s"eci1ic statute or
the district attorne!. 2t need not contain a 1ormal commencement, a 1ormal conclusion or an! other matter not
necessar! to the statement.

0.8llegations made in one count ma! Ae incor"orated A! re1erence in another count. 2t ma! Ae alleged in a single
count that the means A! Bhich the de1endant committed the o11ense are unDnoBn or that the de1endant committed it
A! one or more s"eci1ied means.

3.-he indictment or in1ormation must state 1or each count the o11icial or customar! citation o1 the statute, rule,
regulation or other "ro;ision o1 laB Bhich the de1endant is alleged therein to ha;e ;iolated. Error in the citation or
its omission is not a ground 1or dismissal o1 the indictment or in1ormation or 1or re;ersal o1 a con;iction i1 the error
or omission did not mislead the de1endant to the de1endantMs "reCudice.G

(7 8=) 3rd ((*(, Comment Note.>>$oBer o1 Court to ?aDe or $ermit 8mendment o1 2ndictment.

+ 8m. 4ur. -rials 07, $retrial $rocedures and ?otions in Criminal Cases.

N%-E6 %. DEC262%N6

2n general 0

8ct or omission constituting o11ense ((

8cts constituting o11ense, certaint! and "articularit! +

8mendment ('

Certaint! and "articularit! 3>'

Certaint! and "articularit! >2n general 3

Certaint! and "articularit! >8cts constituting o11ense +

Certaint! and "articularit! >$articular allegations and o11enses '

- 146/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Certaint! and "articularit! >$ur"ose o1 requirement 4

DouAle Ceo"ard! 0.+

Due "rocess o1 laB (

Du"licit! (+:
)ECE2V2N< 6-%=EN <%%D6. Q (. 2n general. $lace o1 trial o1 indictment 1or, see Criminal $rocedure, q 0.
4oinder o1 count 1or, Bith one 1or larcen!, see 2ndictment, q ('. q 2. 6u". (9('#
-he larcen! o1 the goods is not an element in the crime o1 recei;ing stolen "ro"ert!, the latter Aeing a com"lete
suAstanti;e o11ense. $eo"le ;. Zimmer, (74 8"". Di;. 47,, (,, N. 9. 6u"". 4+9, a11irmed in 00, N. 9. +97, ((+ N.
E. (,47. q 0. 6u". 6". -. (9(7#
-he crime o1 recei;ing stolen "ro"ert! is not su""orted A! e;idence that the "ro"ert! i1 stolen A! an!one, Bas
stolen A! the accused himsel1, and he cannot Ae con;icted o1 criminall! recei;ing stolen "ro"ert! 1rom himsel1.
$eo"le ;. Brenneauer, (,( ?isc. (+', ('0, ('' N.9. 6u"". *,( (9(7#.

V22. ?%-2%N -% @5863 %) D26> ?266, 8ND DE?5))E). aJ(374# N.9.6u".# 7here com"etent e;i>
dence Ae1ore grand Cur! is insu11icient to estaA> lish crime charged, indictment should Ae dis> missedV$eo"le ;.
Brenneauer, ('' N. i. 6b. 6,(. . , Charge 1or criminall! recei;ing stolen "ro"> ert! held not su""orted A! e;idence
Ae1ore grand Cur!.V2d. . E;idence Ae1ore grand Cur! held su11icient to shoB that Alue"rints charged to ha;e Aeen
stolen A! de1endant had element o1 ;alue essential to crime o1 grand larcen!.V2d. E;idence Ae1ore grand Cur! held
su11icient to Barrant it in 1inding indictment 1or grand larcen! in 1irst degree.V2d.

V2. 4%2NDE) %. $8)-2E6, %..EN6> E6, 8ND C%5N-6, D5$=2C2-9, 8ND E=EC-2%N. aJ(3, N.9.6u".#
2ndictment, 1irst count o1 Bhich charged Aurglar!, the second larcen;. and the third recei;ing stolen "ro"ert!, held
de> murraAle, Aecause charging more than one crimeV$eo"le ;. ?a!, (,' N. 9. 6. 3+(.

=arcen! and recei;ing. 4oinder o1 countT, see "ost, Q 4('. 1aS 2nd. (6*9# -he tBo o11enses o1 recei;ing stolen
goods and o1 the larcen! o1 the goods are "ro"erl! Coined in the same in1ormation.V Pennegar ;. 6tate, (0, 2nd.
(7', 0( N. E. 9(7. RAS 2nd. (*,+# 2t is "ro"er under )e;. 6t. (46,4, 6 (*(7 )e;. 6t (**(, Q (74*#, to include in
the same indictment a charge o1 the1t and also o1 recei;ing stolen "ro"ert!.V<oodman ;. 6tate. (4( 2nd. 3+, 39 N.
E. 939.
G2n the English case o1 6e!mour,03* =ord <oddard C4 set out a strateg! to deal Bith cases Bhere it ma! not Ae
clear Bhether the accused Bas the recei;er or the thie1. 3e said: N2n cases Bhere the e;idence is as consistent Bith
- 147/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
stealing as Bith recei;ing, the indictment ought to contain a count 1or stealing and a count 1or recei;ing. -he Cur!
should then Ae directed that it is 1or them to come to the conclusion Bhether the "risoner Bas the thie1 or Bhether
he recei;ed the "ro"ert! 1rom the thie1, and should Ae reminded that a man cannot recei;e 1rom himsel1. -hen ... i1
the Cur! come to the conclusion that it is a case o1 recei;ing, the! should Ae discharged 1rom gi;ing a ;erdict on the
count o1 stealing. Equall!, i1 the! come to the conclusion that it is a case o1 stealing, the! should Ae discharged
1rom gi;ing a ;erdict on the count o1 recei;ing. 6ometimes a di11icult! has arisen. 7e ha;e had to quash a
con;iction, sa!, 1or recei;ing and the court has come to the conclusion that the e;idence shoBed stealing and not
recei;ing. 21 a ;erdict has Aeen returned on the count o1 stealing, this court cannot suAstitute 1or the ;erdict o1
recei;ing a ;erdict o1 stealing. 21, hoBe;er, the Cur! are discharged 1rom gi;ing a ;erdict on the count o1 stealing,
and i1 this court comes to the conclusion that the "ro"er ;erdict is stealing and not recei;ing, the! can alter the
;erdict under the Criminal 8""eal 8ct, (9,7, 6ect. +0# ... 2t is much Aetter to "ut into an indictment, as a rule, Aoth
counts, although it ;er! o1ten ha""ens that, as the case de;elo"s, it Aecomes a case either o1 stealing or recei;ing
onl! ... -here1ore, Bhile it is desiraAle that the tBo counts should Ae included in the indictment, the Cur! should Ae
told, in cases Bhere the e;idence is equall! consistent Bith stealing or recei;ing, that it is 1or them to come to the
conclusion Bhich is the right ;erdict, and i1 the! 1ind a ;erdict o1 guilt! on one count, the! should Ae discharged
1rom gi;ing a ;erdict on the other count.O 6amuels states that: NR7Shere, in "ursuance o1 a common "lan, 8 steals
goods and immediatel! hands them o;er to B, Baiting outside the "remises, B cannot Ae con;icted o1 recei;ing
Aecause he Bas a "rinci"al in the second degree to the larcen!:039 Bhereas i1 B Bere sim"l! an accessor! Ae1ore
the 1act to the larcen! and not a "rinci"al in the second degree, he can Ae con;icted o1 recei;ing04,.O04(03*
R(9+(S ( 8ll E.). (,,', at (,,7 C.C.8.#. 6ee also Christ, 3+ C.8.). 7', at 79C.C.8., "er De;lin 4, 1or the Court,
(9+(#. 039 Citing Coggins, (0 Co/ C.C. +(7, at +0( C.C.8. "er BlacDAurn 4, (*73#. 04, Citing 3ughes, * Co/
C.C. 07* (*',#, <oods"eed, ' C.8.). (33, 07 -.=.). 0++ C.C.8., (9((#. 04( 6amuels, o". cit., at 0'.G
htt":HHBBB.laBre1orm.ieHZ1ileu"loadH)e"ortsHr6tolen$ro"ert!.htm

E/ce"tions and "ro;isos, use o1 language o1 the statute (4

.orger!, "articular o11enses (9

3omicide, "articular o11enses 0,

?ulti"licit! 03

$articular allegations and o11enses, certaint! and "articularit! '

$articular o11enses (7>0(

$articular o11enses >2n general (7

$articular o11enses >Burglar! (*

$articular o11enses >.orger! (9

$articular o11enses >3omicide 0,

$articular o11enses >)oAAer!, larcen!, or the1t 0(

$lace o1 o11ense 9

$rinci"als 7

- 148/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
$ur"ose o1 requirement, certaint! and "articularit! 4

)e1erence to or recital o1 statute (0

)e;ieB 00

)oAAer!, larcen!, or the1t, "articular o11enses 0(

-ime o1 o11ense (,

5se o1 language o1 the statute (3, (4

5se o1 language o1 the statute >2n general (3

5se o1 language o1 the statute >E/ce"tions and "ro;isos (4

0. 2n general

2ndictment charging securities AroDerages Bith ;iolations o1 )acDeteer 2n1luenced and Corru"t %rganiEations 8ct
)2C%# Bas not required to identi1! all AroDers Bho made misleading statements: indictment charged AroDerages
Bith omissions o1 material 1acts and detailed e/"lanations o1 omissions did not ha;e to Ae alleged. (* 5.6.C.8. QQ
(9'( et seq.,(9'0c, d#. 5.6. ;. Blinder, (993, (, ..3d (4'*. 2ndictment 8nd 2n1ormation (,(

6"eci1ic intent should Ae s"eci1ied Bith greater "articularit! in indictment or in1ormation than general criminal
intent. 5. 6. ;. ?orrison, (97', +3' ..0d 0*'. 2ndictment 8nd 2n1ormation **

.act that statute, read in light o1 common laB and o1 other statutes on liDe matter, enaAles court to in1er the
legislati;e intent, does not dis"ense Bith necessit! o1 alleging in indictment all 1acts necessar! to Aring case Bithin
that intent. %rnelas ;. 5nited 6tates, (9+', 03' ..0d

390. 2ndictment 8nd 2n1ormation **

-he 6tate is required to gi;e adequate notice to the accused o1 the ;arious theories o1 "rosecution. 6tate ;. Eighth
4udicial Dist. Court o1 6tate, e/ rel. Count! o1 ClarD, 0,,,, 997 $.0d (0', ((' Ne;. 374. 2ndictment 8nd
2n1ormation ++

2ndictment, standing alone, must contain: (# each and e;er! element o1 the crime charged, and 0# 1acts shoBing
hoB de1endant allegedl! committed each element o1 the crime charged.

N.).6. (73.,7+. 6tate ;. 3ancocD, (99*, 9++ $.0d (*3, ((4 Ne;. ('(. 2ndictment 8nd 2n1ormation ',

-rial court did not aAuse its discretion in dismissing Bithout "reCudice, on grounds o1 lacD o1 s"eci1icit!, indictment
o1 1our de1endants 1or the1t in connection Bith gold reco;er! in;estment

o11ering, though arguaAl! indictment could Ae read as alleging the1t A! material misre"resentation, as indictment
lacDed s"eci1icit! Bith regard to Bhich de1endant allegedl! made Bhich misre"resentation, and 6tate had Aeen
re"eatedl! told its charging documents Bere de1ecti;e or ;ague. N.).6. (73.,7+, 0,+. ,*303#. 6tate ;. 3ancocD,
(99*, 9++ $.0d (*3, ((4 Ne;. ('(. 2ndictment 8nd 2n1ormation (44.0

- 149/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-rial court did not aAuse its discretion in dismissing, Bithout "reCudice, indictment o1 1our de1endants 1or
racDeteering in connection Bith gold reco;er! in;estment o11ering, though indictment listed 0+ Nuntrue statementsO
and NomissionsO and stated that de1endants Neither directl! or indirectl!O made None or moreO o1 the statements or
omissions, as indictment Bas not clear, de1inite, and concise: it did not clearl! s"eci1! Bhich "ortion o1 the
racDeteering statute de1endants cons"ired to ;iolate, did not s"eci1! Bhich de1endant made Bhich untrue statements
or material omissions to Bhich ;ictims, and 6tate had Aeen re"eatedl! told its charging documents Bere de1ecti;e
or ;ague. N.).6. (73.,7+, 0,7.4,,. 6tate ;. 3ancocD, (99*, 9++ $.0d (*3, ((4 Ne;. ('(. 2ndictment 8nd
2n1ormation (44.0

8ge enhancement Bas ina""ro"riatel! tacDed onto racDeteering and securities 1raud counts o1 indictment o1
de1endants in connection Bith gold reco;er! in;estment o11ering: age enhancement did not a""l! to racDeteering,
and at time o1 alleged criminal acti;it! in (99( and (990, age enhancement did not a""l! to securities 1raud
o11enses. N.).6. 9,.+7,0#, 0,7.4,,: N.).6.

(93.('7 (990#. 6tate ;. 3ancocD, (99*, 9++ $.0d (*3, ((4 Ne;. ('(. 2ndictment 8nd 2n1ormation ((3

-rial court did not aAuse its discretion in den!ing 6tateFs motion to amend indictment to set 1orth alternati;el!
"leaded crimes in se"arate counts, as amended indictment contained (' counts Bhereas original indictment
contained onl! ten, and thus, i1 motion had Aeen granted, de1endants Bould ha;e Aeen denied due "rocess Aecause
it could not Ae said that grand Cur! 1ound "roAaAle cause on each and e;er! amended count. 5.6.C.8.
Const.8mend. (4: N.).6. (73.,7+0#, (73.,9+(#. 6tate ;. 3ancocD, (99*, 9++ $.0d (*3, ((4 Ne;. ('(. 2ndictment
8nd 2n1ormation (+90#

2ndictment containing introductor! "aragra"h naming all o1 ;arious de1endants, each count Aeginning Bith
statement that Nthe said de1endantsO committed charged o11ense ga;e adequate notice that each and e;er!
de1endant Bas included in each count o1 the indictment. =ane ;. -or;inen, (9*(, '04 $.0d (3*+, 97 Ne;. (0(.
2ndictment 8nd 2n1ormation *((#

5nless accused is aAle to a11irmati;el! demonstrate that in1ormation is so de1ecti;e that it results in miscarriage o1
Custice or actuall! "reCudices him in res"ect to a suAstantial right, no relie1 Bill Ae a11orded him, e;en Bhen
challenge is made Ae1ore trial. N.).6. (73.,7+. 7atDins

;. 6heri11, ClarD Count!, (97(, 4*4 $.0d (,*', *7 Ne;. 033. 2ndictment 8nd 2n1ormation

(93

4udgment Bill not Ae set aside or neB trial granted in criminal case unless accused is aAle to a11irmati;el!
demonstrate that in1ormation is so insu11icient that it results in miscarriage o1 Custice or actuall! "reCudices him in
res"ect to a suAstantial right. N.).6. (73.,7+. =ane! ;. 6tate, (97,, 4'' $.0d ''', *' Ne;. (73. Criminal =aB 9(+:
Criminal =aB (('7(#

De1endant charged Bith carr!ing a concealed Bea"on Bas not denied a 1air trial on grounds that in1ormation
contained allegations o1 three "rior con;ictions and that trial Cudge Bas "reCudiced A! admitting certain e/hiAits
Bhere Cur! had ne;er Aeen ad;ised o1 "rior con;ictions, trial Cudge Bould ha;e no discretion in rendering sentence
on "rimar! o11ense, and admissiAilit! o1 e/hiAits Bas a question o1 laB Bhich Bas a suACect o1 re;ieB. N.).6. 0,0,
3+,, 0,7.,(,, suAd. 3. Dotson ;. 6tate, (9'4, 3*9 $.0d 77, *, Ne;. 40. 2ndictment 8nd 2n1ormation ((3 : 4udges
49(#: 6entencing 8nd $unishment (3'4

5nder statute to e11ect that Bhen o11ense is descriAed Bith su11icient certaint! to identi1! the act, an erroneous
allegation as to "erson inCured shall not Ae deemed to Ae material, 1ailure to allege identit! o1 ci;ic organiEation as
a legal entit! Bas immaterial and did not go to su11icienc! o1 in1ormation charging that de1endant had unlaB1ull!
a""ro"riated mone!s entrusted to him A! the ci;ic organiEation. N.).6. (73.0*,, (74.3(,, (7+.+',. 7ood ;. 6tate,
(9',, 3+3 $.0d 07,, 7' Ne;. 3(0. 2ndictment 8nd 2n1ormation (,(

Com". =aBs, QQ 430+>4307 Cr. $rac. 8ct, QQ 3',>3'0#, "ro;ides that Bhere tBo or more de1endants are Cointl!
indicted the! shall Ae Cointl! tried, unless 1or good cause shoBn the court shall otherBise direct, and the court ma!
- 150/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
at an! time Ae1ore de1endant has gone into his de1ense, on the a""lication o1 the district attorne!, direct an!
de1endant to Ae discharged 1rom the indictment, etc. -Bo "ersons Cointl! indicted Bere Cointl! tried. 81ter the state
had rested de1endant rested, and mo;ed that the case Ae gi;en to the Cur! at that time, Ae1ore an! testimon! Bas
o11ered on Aehal1 o1 the code1endant. 3eld, that the motion Bas "ro"erl! denied, 1or, i1 granted, it Bould ha;e
gi;en the de1endant a se"arate trial, Bhich could onl! Ae granted on a""lication made Ae1ore the commencement o1
the 1ormation o1 the Cur!. 6tate ;. 4ohnn!, (9,', *7 $. 3, 09 Ne;. 0,3. Criminal =aB '00.*3#

-he su11icienc! o1 an indictment is to Ae determined 1rom the "ro;isions o1 the statutes in relation to the 1orm and
requisites o1 an indictment, and not A! the common laB. 6tate ;. =o;elace, (9,', *3 $. 33,, 09 Ne;. 43. 2ndictment
8nd 2n1ormation (7

6triDing out a count o1 an indictment on demurrer thereto A! de1endant does not amount to a material amendment
o1 the indictment. 6tate ;. ?cPiernan, (**0, 3, $. *3(, (7 Ne;. 004. 2ndictment 8nd 2n1ormation (+3

8n indictment 1or larcen! Bhich did not e/"ressl! state that the con;ersion o1 the "ro"ert! taDen Bas Bithout
authorit! o1 laB, Aut Bhich charged that the accused Ndid 1eloniousl! steal, taDe, and lead aBa!O such "ro"ert!,
held su11icient: the 1act that the taDing Bas contrar! to

laB Aeing clearl! indicated. 6tate ;. 4ones, (*70, 7 Ne;. 4,*. 2ndictment 8nd 2n1ormation 9(3#

8n indictment should charge a statutor! o11ense in the language o1 the statute creating it, or in Bords o1 similar
im"ort. $eo"le ;. =ogan, (*'+, ( Ne;. ((,. 2ndictment 8nd 2n1ormation ((,(#
-he ;ideos and audio recordings made A! and taDen A! Coughlin, "articularl! the admission A! Nicole 7atson that
she heard the Gman Bith the si/ "acDG indicate he Bas aAout to throB the i$hone in the ri;er should Ae admitted,
"articularl! Bhere Nicole 7atson is una;ailaAle, due largel!, to the "uAlic de1enderFs o11ice oAstructing CoughlinFs
attem"ts to ha;e her ser;ed:
De1endant on trial 1or 1elon! murder had an o""ortunit! and similar moti;e to cross e/amine at the
"reliminar! hearing a Bitness Bho Bas una;ailaAle 1or trial, such that admission o1 BitnessFs
"reliminar!>hearing testimon! Bas admissiAle at trial under the e/ce"tion to the hearsa! rule 1or a
statement o1 an una;ailaAle Bitness: "ur"ose o1 the "reliminar! hearing Bas to determine Bhether
there Bas "roAaAle cause to Aelie;e that de1endant committed an o11ense, de1endantFs moti;e 1or
cross e/amining Bitness Bas to shoB that de1endant did not ra"e and murder ;ictim, and de1endantFs
moti;e at trial liDeBise to shoB that he Bas not guilt! o1 ra"ing and murdering ;ictim. N?)8, )ules
+\3,0C#, ((\*,48#+#, B#(#. 6tate ;. =o"eE, 0,((>N?6C>,3+, 0+* $.3d 4+* N.?. 0,((#.
- 151/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
=eslie has gone to great lengths to attem"t to limit CoughlinFs right on a""eal and to a;oid
"reser;ing an! ;alid oACections 1or the record, and as such, Coughlin is Custi1ied in suAmitting this
1iling noB, "articularl! in light all the inadmissiAle hearsa! testimon! co"ied and "asted 1rom %11.
DuraldeFs tri" to the Bitness stand in the 6u""ression 3earing into the trial:
)amireE argues that "ortions o1 De"ut! ?usgra;eFs testimon! and the 4udgeFs res"onse to the Britten Cur! question
constituted inadmissiAle hearsa!, the admission o1 Bhich ;iolated his 6i/th 8mendment right to con1ront Bitnesses
against him. U 6"eci1icall!, )amireE contends that De"ut! ?usgra;eFs re"eated re1erences to Dr. .inDelFs e/amination,
along Bith the CudgeFs commentar! as to its thoroughness, so strongl! suggested that the "h!sical e/amination 1actuall!
con1irmed se/ual assault, that Dr. .inDel e11ecti;el! testi1ied as a Bitness on Aehal1 o1 the 6tate. U Consequentl!, )amireE
argues that the 6tate Bas aAle to "ro11er the e/"ert o"inion o1 Dr. .inDel as to the ultimate issue Bithout Aeing suACected
to the scrutin! o1 cross>e/amination, in ;iolation o1 his 6i/th 8mendment right to con1rontation. U 7e agree.
c-he 6i/th 8mendment to the 5nited 6tates Constitution "ro;ides that NRiSn all criminal "rosecutions, the accused shall
enCo! the right to Ae con1ronted Bith the Bitnesses against him.O U5.6. Const. amend. V2. U -he 6i/th 8mendmentFs
guarantee o1 the right o1 an accused to con1ront accusator! Bitnesses is a 1undamental right that is made oAligator! on the
states A! the .ourteenth 8mendment. U$ointer ;. -e/as, 3*, 5.6. 4,,, 4,3, *+ 6.Ct. (,'+, (3 =.Ed.0d 903 (9'+#. U
.urther, the 5nited 6tates 6u"reme Court has held that NRcSon1rontation means more than Aeing alloBed to con1ront the
Bitness "h!sicall!. UY%ur cases construing the Rcon1rontationS clause hold that a "rimar! interest secured A! it is the right
o1 cross>e/amination.MdO Da;is ;. 8lasDa, 4(+ 5.6. 3,*, 3(+, 94 6.Ct. ((,+, 39 =.Ed.0d 347 (974# quoting Douglas ;.
8laAama, 3*, 5.6. 4(+, 4(*, *+ 6.Ct. (,74, (3 =.Ed.0d 934 (9'+##.
cBecause o1 their shared em"hasis on cross>e/amination, the hearsa! rule and the Con1rontation Clause are designed to
"romote similar ;alues and Aoth share the goal o1 e/cluding e;idence that is unreliaAle. UCali1ornia ;. <reen, 399 5.6.
(49, (++, 9, 6.Ct. (93,, 0' =.Ed.0d 4*9 (97,#. U 7hile Aoth are designed to a;oid similar e;ils, the! are not identical in
sco"e: dthe Con1rontation Clause NdYReSmAodies notions o1 indi;idual rights 1ar Aroader than the technical hearsa! rules.MdO
6tate ;. 8"ilando, 79 3aBaiYi (0*, 9,, $.0d (3+, (39 (99+# quoting %. 7einstein, Co! ;. 2oBa: d)econciling a
De1endantFs )ight to Con1rontation Bith a Child>7itnessF 2nterest in 8;oiding 5ndue $s!chological -rauma, 03
=o!.=.8.=.)e;. 4(+, 437 (9*9##. U Because the hearsa! rule and the Con1rontation Clause are not co>e/tensi;e, the
6u"reme Court has held that the Con1rontation Clause NAars the admission o1 some e;idence that Bould otherBise Ae
admissiAle under an e/ce"tion to the hearsa! rule.O U2daho ;. 7right, 497 5.6. *,+, *(4, ((, 6.Ct. 3(39, ((( =.Ed.0d
'3* (99,#.
c-o satis1! the requirements o1 the Con1rontation Clause, i1 the 6tate seeDs to introduce hearsa! statements against a
criminal de1endant, such e;idence must Aear adequate indicia o1 reliaAilit! A! either 1alling Bithin a 1irml! rooted
hearsa! e/ce"tion, or the 6tate must demonstrate that the statement "ossesses "articulariEed guarantees o1
trustBorthiness. U%hio ;. )oAerts, 44* 5.6. +', '', (,, 6.Ct. 0+3(, '+ =.Ed.0d +97 (9*,#. U 21 the statement does not
1all Bithin a 1irml! rooted hearsa! e/ce"tion, the statement is N Y"resum"ti;el! unreliaAle and inadmissiAle 1or
Con1rontation Clause "ur"oses.M UO 2daho ;. 7right, 497 5.6. *,+, *(*, ((, 6.Ct. 3(39, ((( =.Ed.0d '3* (9*9#
quoting =ee ;. 2llinois, 47' 5.6. +3,, +43, (,' 6.Ct. 0,+', 9, =.Ed.0d +(4 (9*'##. U -o reAut this "resum"tion o1
inadmissiAilit!, the 6tate must demonstrate that the statement Aears "articulariEed guarantees o1 trustBorthiness Aased on
the Ntotalit! o1 circumstances that surround the maDing o1 the statement and that render the declarant "articularl! Borth!
o1 Aelie1.O U2d. at *0,, ((, 6.Ct. 3(39.
c21 hearsa! e;idence that does not 1all Bithin a 1irml! rooted e/ce"tion is "resum"ti;el! inadmissiAle 1or Con1rontation
Clause "ur"oses, it necessaril! 1olloBs that hearsa! Bhich 1ails to quali1! 1or an! e/ce"tion must also Ae "resum"ti;el!
unreliaAle and inadmissiAle. U 8s noted A! $ro1essor Bartels:
R7Shene;er a hearsa! statement A! a non>testi1!ing declarant that does not come Bithin an! e/ce"tion to the hearsa!
rule>is admitted against a criminal de1endant, there is "resum"ti;el! a Con1rontation Clause ;iolation, suACect onl! to the
- 152/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"rosecutionFs aAilit! to meet its Aurden o1 shoBing that the circumstances under Bhich the statement Bas made ga;e it
adequate "articulariEed guarantees o1 trustBorthiness.
)oAert Bartels, -he 3earsa! )ule, the Con1rontation Clause, and )e;ersiAle Error in Criminal Cases, 0' 8riE.6t.=.4. 9'7,
97+ (994#.
2n 5nited 6tates ;. -ran -rong Cuong, (* ..3d ((30, ((3+ 4th Cir .(994#, the .ourth Circuit Bas con1ronted Bith a
situation Bhere hearsa! e;idence, Bhich did not 1all Bithin an! e/ce"tion to the hearsa! rule, Bas admitted against a
criminal de1endant. U During trial, the go;ernment called as an e/"ert medical Bitness Dr. ?ac2ntosh, Bho testi1ied that
another medical doctor, Dr. 6te;enson, had "re"ared a re"ort a1ter re;ieBing some o1 the de1endantFs medical 1iles on
se;eral o1 the de1endantFs "atients. U2d. UDr. ?ac2ntosh ;ouched 1or Dr. 6te;ensonFs quali1ications and testi1ied that Dr.
6te;ensonFs conclusions and 1indings Bere similar Bith his oBn. U2d. Dr. 6te;enson did not testi1! during the de1endantFs
trial nor Bas his re"ort admitted into e;idence. U2d. at ((43.
-he .ourth Circuit determined that Dr. ?ac2ntosh had ser;ed as an im"ro"er conduit 1or inadmissiAle hearsa!. U2d. at
((43>44. U Because Dr. 6te;ensonFs re"ort Bas "re"ared at the request o1 the "rosecution in antici"ation o1 litigation, the
re"ort constituted inadmissiAle hearsa! Bhich did not 1all under an! e/ce"tion to the hearsa! rule. U2d. at ((43>44. U
8ccordingl!, Aecause o1 the go;ernmentFs 1ailure to reAut the "resum"tion o1 unreliaAilit! and inadmissiAilit!, the court
re;ersed the de1endantFs con;iction A! holding:
?ac2ntoshFs testimon! as to 6te;ensonFs 1indings and his credentials Bas gi;en in an e11ort to con;ince the Cur! o1 the
accurac! and reliaAilit! o1 ?ac2ntoshFs o"inions, and also to "ut Ae1ore the Cur! 6te;ensonFs o"inion as to the de1endantFs
actions Bithout suACecting 6te;enson to cross>e/amination. U -his is un1air to the de1endant as it denies his 1undamental
right to cross>e/amination
2d. at ((44.
6imilarl!, in 5nited 6tates ;. ChecD, +*0 ..0d ''*, ''9 0d Cir.(97*#, the go;ernment sought to introduce the out>o1>
court statements o1 a drug transaction intermediar! through the trial testimon! o1 an underco;er agent, Bithout suACecting
the intermediar! to the rigors o1 cross>e/amination. U 2n ChecD, an underco;er agent attem"ted to "urchase narcotics
1rom the de1endant through the assistance o1 an intermediar!. U2d. at '7,.
E;entuall!, the de1endant Bas arrested and charged Bith illegal narcotics distriAution. U2d. at '7,. U 8t the de1endantFs
trial, the intermediar! re1used to testi1!: dthus, in order to introduce the contents o1 the numerous con;ersations AetBeen
the underco;er agent and the intermediar! Bhich incriminated the de1endant, the go;ernment care1ull! limited the
underco;er agentFs testimon! to Bhat he had said to the intermediar! and a;oided an! testimon! "ertaining to Bhat the
intermediar! had told him. U2d. at '7+.
-he 6econd Circuit concluded that "ortions o1 the underco;er agentFs testimon! constituted inadmissiAle hearsa! Aecause
such Ntestimon! Bas a trans"arent attem"t to incor"orate into the o11icerFs testimon! in1ormation su""lied A! the
in1ormant Bho did not testi1! at trial.O U2d. at '79. U Because the court determined that the Cur! ma! Bell ha;e Aeen
in1luenced against the de1endant, the court re;ersed his con;iction A! concluding:
-hus, A! incor"orating Rthe intermediar!FsS hearsa! into Rthe underco;er agentFsS testimon!, the go;ernment recei;ed the
Aene1it o1 ha;ing, in e11ect, an additional Bitness against Rthe de1endantS Bhile simultaneousl! insulating 1rom cross>
e/amination that Bitness, a Bitness Bhom Be can sa1el! assume Bould ha;e Aeen suACected to a scathing, and "erha"s
e11ecti;e, cross>e/amination A! de1ense counsel.
2d. at '*3.
c-urning to the case at hand, in light o1 the 1oregoing discussion, Be address 1irst the 6tateFs contention that Aecause
)amireE 1ailed to maDe a timel! oACection to De"ut! ?usgra;eFs testimon! at trial, he is Aarred 1rom asserting that his
right o1 con1rontation Bas ;iolated on a""eal. U 7hile )amireEFs de1ense counsel Bas hardl! ;igilant in "reser;ing errors
1or a""ellate re;ieB through the use o1 timel! and Bell>1ounded oACections, Be note that )amireE made one oACection in
res"onse to the 6tateFs question o1 De"ut! ?usgra;e as to Bhich doctor had "er1ormed 4aneFs medical e/amination. U
Because o1 )amireEFs oACection at a critical Cuncture o1 De"ut! ?usgra;eFs testimon!, Be conclude that he "ro"erl!
"reser;ed his constitutional issues 1or re;ieB A! this court. U .urther, in light o1 our Billingness to address constitutional
error sua s"onte, 6terling ;. 6tate, (,* Ne;. 39(, 394, *34 $.0d 4,,, 4,0 (990#, Be conclude that it Bould Ae
unreasonaAle to hold that )amireE made a DnoBing and intelligent Bai;er o1 his 6i/th 8mendment Con1rontation Clause
rights A! 1ailing to ;oci1erousl! oACect to all o1 De"ut! ?usgra;eFs "roAlematic testimon!.
- 153/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c-he 6tate argues that the oACectionaAle "ortions o1 De"ut! ?usgra;eFs testimon! did not constitute hearsa! Aecause he
did not testi1! as to the s"eci1ic 1indings and conclusions made A! Dr. .inDel. U 2n this regard, the 6tate argues that
De"ut! ?usgra;e merel! testi1ied to the 1act that Dr. .inDel had "er1ormed a medical e/amination and that this Bas the
reason he commenced an in;estigation. U 5"on closer e/amination o1 the record on a""eal, Be do not Aelie;e that De"ut!
?usgra;eFs testimon! Bas as Aenign as the 6tate suggests.
During trial, De"ut! ?usgra;e stated that in addition to the re"orts recei;ed 1rom Detecti;e 6aunders, Nthe medical
re"orts recei;ed 1rom Dr. .inDel indicated to me that, in 1act, a se/ual aAuse had trans"ired, and that ?r. )amireE Bas a
;er! strong sus"ect in same.O UEm"hasis added.# U .urther in his testimon!, De"ut! ?usgra;e stated that Nthe
in1ormation RDr. .inDelFs medical 1indings and Detecti;e 6aunderFs re"ortsS led me to Aelie;e that 2 had "roAaAle cause
that a 1elon! had, in 1act, taDen "lace, and that ?r. )amireE Bas, in 1act, the sus"ect in that 1elon!.O UEm"hasis added.#
N)6 +(.,3+ de1ines hearsa! as Na statement o11ered in e;idence to "ro;e the truth o1 the matter asserted.O UN)6 +(.,4+
de1ines a statement as an Noral or Britten assertion: dor RnSon;erAal conduct o1 a "erson, i1 it is intended A! him as an
assertion.O U 7hen scrutiniEed "ursuant to these standards, Dr. .inDelFs Britten re"ort constituted a hearsa! statement
Bhich Bas art1ull! introduced through De"ut! ?usgra;eFs testimon! in order to estaAlish that )amireE had, in 1act,
se/uall! assaulted his daughter. U Dr. .inDelFs medical re"ort constituted a Britten assertion that Bas neither introduced
into e;idence nor made A! the declarant Bhile testi1!ing at trial. U Contrar! to the 6tateFs assertion that De"ut! ?usgra;e
merel! testi1ied that Dr. .inDel had "er1ormed a medical e/amination on 4ane, the onl! rele;ance o1 De"ut! ?usgra;eFs
1oregoing testimon! Bas to demonstrate that Dr. .inDelFs 1indings con1irmed that )amireE had, in 1act, se/uall! assaulted
4ane>that is, to "ro;e the truth o1 the matter asserted.
-he district court, Bithout )amireEFs e/"ress consent on the record, com"ounded the "roAlem A! ansBering the Cur!Fs
question A! stating that Dr. .inDel Bas e/"erienced in conducting N"h!sical and mental e/aminations o1 se/uall! aAused
"ersonsO and had Nconducted a com"lete "h!sical and mental e/amination o1 4ane.O 7ith De"ut! ?usgra;eFs im"ro"er
testimon!, comAined Bith the district court CudgeFs ;ouching 1or the credentials and thoroughness o1 Dr. .inDelFs
e/amination, the Cur! Bas clearl! gi;en the im"ression that Dr. .inDel con1irmed that a se/ual assault had occurred.
3

Because Dr. .inDel Bas not "resent to testi1! and Ae cross>e/amined at )amireEFs trial, the onl! means A! Bhich Dr.
.inDelFs 1indings could come Ae1ore the Cur! Bas ;ia an estaAlished e/ce"tion to the hearsa! rule, Bhich in this case is
lacDing. U 7hile it might a""ear that Dr. .inDelFs 1indings could Ae introduced "ursuant to N)6 +(.((+ as a statement
made 1or "ur"oses o1 medical diagnosis or treatment, Be ha;e "re;iousl! maintained in the child se/ual assault conte/t
that Bhen e/aminations at the instigation o1 laB en1orcement "ersonnel are in;estigator! in nature, the results are
generall! inadmissiAle 1or a lacD o1 trustBorthiness. U 6ee .eli/ ;. 6tate, (,9 Ne;. (+(, (93>94, *49 $.0d 00,, 049
(993#.
c6imilarl!, Dr. .inDelFs 1indings could not Ae introduced "ursuant to the residual e/ce"tion codi1ied at N)6 +(.,7+d
4
Aecause the 5nited 6tates 6u"reme Court deemed 2dahoFs similar residual e/ce"tion not to Ae 1irml! rooted 1or
Con1rontation Clause "ur"oses and thus, e;idence admitted "ursuant to that e/ce"tion ;iolated a criminal de1endantFs
Con1rontation Clause rights Bhere the 6tate 1ailed to reAut the "resum"tion o1 unreliaAilit! and inadmissiAilit!. 6ee 2daho
;. 7right, 497 5.6. *,+, *(7, ((, 6.Ct. 3(39, ((( =.Ed.0d '3* (9*9#.
c7hat Be are le1t Bith in this case are "atentl! inadmissiAle hearsa! statements that Bere used to "ro;e the truth o1 the
matter asserted against a criminal de1endant. U %ur re;ieB o1 the record re;eals that the 6tate did not attem"t to reAut the
constitutional "resum"tion o1 unreliaAilit! and inadmissiAilit! A! shoBing that Dr. .inDelFs 1indings Aore "articulariEed
guarantees o1 trustBorthiness. U 8ccordingl!, our tasD is to determine Bhether the introduction o1 Dr. .inDelFs 1indings, in
;iolation o1 )amireEFs 6i/th 8mendment Con1rontation Clause rights, requires re;ersal o1 his con;iction and a neB trial.
U 81ter a thorough e/amination o1 the record, Be conclude in the a11irmati;e.
c-rial error that rises to the le;el o1 constitutional magnitude requires that a criminal de1endantFs con;iction Ae re;ersed
on a""eal unless such error NBas harmless Ae!ond a reasonaAle douAt.O UCha"man ;. Cali1ornia, 3*' 5.6. (*, 04, *7
6.Ct. *04, (7 =.Ed.0d 7,+ (9'7#. U 3ere, Be cannot declare a Aelie1 that the introduction o1 Dr. .inDelFs 1indings,
through the testimon! o1 De"ut! ?usgra;e and in comAination Bith the im"ro"er ;ouching A! the district court Cudge,
Bas harmless Ae!ond a reasonaAle douAt. U -o the contrar!, the Cur! "laced signi1icant Beight on De"ut! ?usgra;eFs
testimon!, Bhich indicated that Dr. .inDel had 1actuall! con1irmed se/ual assault, as e;idenced A! the Cur!Fs Britten
question to the district court Cudge asDing the Cudge to con1irm that Dr. .inDel had, in 1act, "er1ormed an e/amination on
4ane.
- 154/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B! using De"ut! ?usgra;e as an im"ro"er conduit 1or Dr. .inDelFs 1indings, the 6tate Bas aAle to introduce damaging
and se;erel! "reCudicial inadmissiAle hearsa! against a criminal de1endant. U 2n e11ect, the 6tate acquired an additional,
and highl! crediAle, e/"ert Bitness against )amireE Bithout a11ording )amireE the o""ortunit! to cross>e/amine Dr.
.inDel to e/"ose BeaDnesses in his conclusions or im"each his quali1ications. U Nor Bas it "ro"er 1or the district court to
;ouch 1or the quali1ications o1 Dr. .inDel in res"onse to the Cur!Fs Britten question. U 2n this case, the 6tate>not the district
court>had the e;identiar! Aurden o1 estaAlishing a su11icient 1oundation as to Dr. .inDelFs quali1ications had it sought to
introduce Dr. .inDel as an e/"ert Bitness. U 6uch im"ro"er ;ouching A! the district court cannot Ae countenanced A! this
court.
B! introducing Dr. .inDelFs 1indings through De"ut! ?usgra;eFs testimon!, in comAination Bith the district courtFs
im"ro"er ;ouching 1or Dr. .inDelFs quali1ications and crediAilit!, the Cur! Bas signi1icantl! in1luenced A! a Bitness Bho
Bas not suACected to cross>e/amination, in ;iolation o1 )amireEFs 6i/th 8mendment Con1rontation Clause rights. U 7e
cannot sa! that these errors Bere harmless Ae!ond a reasonaAle douAt. U 8ccordingl!, Aased on the 1oregoing, Be ;acate
the trial courtFs Cudgment and sentence and remand this case 1or a neB trial.
2 Bould a11irm the con;iction o1 <uillermo )amireE on tBo counts o1 se/ual assault o1 a minor under 1ourteen !ears o1
age and one count o1 leBdness Bith a minor under 1ourteen !ears o1 age.
2 do not agree that the statements o1 De"ut! ?usgra;e or the district court, Bhich indicated that Dr. .inDel e/amined the
;ictim, ;iolated the hearsa! rule or the con1rontation clause. U 2ntroducing Dr. .inDelFs statements regarding his 1indings
Bould ha;e ;iolated the hearsa! rule and gi;en the de1endant the right to con1ront Dr. .inDel: dhoBe;er, neither De"ut!
?usgra;e nor the district court did so. U -he 1act that the ;ictim underBent a medical e/amination in NeB 4erse! Bas
introduced solel! as one o1 the reasons Bh! De"ut! ?usgra;e continued his oBn in;estigation and 1iled charges. U 6ince
the 6tate did not introduce Dr. .inDelFs statements into e;idence, he thus Bas not a Bitness against the de1endant and did
not trigger the de1endantFs right o1 con1rontation. U Dr. .inDel did not Aecome a Bitness solel! Aecause other Bitnesses
acDnoBledged his in;ol;ement in the case.
.urthermore, introducing the 1act that an e/amination had Aeen conducted does not constitute the "lain error necessar! to
trigger this courtFs re;ieB, in light o1 the 1act that the de1endant did not oACect to its introduction at trial. UN.ailure to
oACect AeloB generall! "recludes re;ieB A! this court O 6terling ;. 6tate, (,* Ne;. 39(, 394, *34 $.0d 4,,, 4,0 (990#. U
-his court Bill, hoBe;er, address "lain error and constitutional error sua s"onte. U 2d. $lain error is de1ined as error Nso
unmistaDaAle that it re;eals itsel1 1rom a casual ins"ection o1 the record.O U $atterson ;. 6tate, ((( Ne;. (+0+, (+3,, 9,7
$.0d 9*4, 9*7 (99+#. U Not onl! did the de1endant 1ail to oACect to the statements regarding Dr. .inDelFs e/amination o1
the ;ictim, Aut also, de1ense counsel 1irst mentioned the e/amination. U 2n 1act, de1ense counsel told the Cur! the results o1
the e/amination, e;en though the! Bere ne;er introduced into e;idence. U 2n de1ense counselFs o"ening statement, he
said: dN-hat little girl Bent to see a doctor. U -here is no e;idence o1 an! "enetration, she is still a ;irgin. U -here is RsicS
no tears. U -here is no "h!sical e;idence that this Boman, this little girl Bas e;er harmed in an! Ba!.O U 2n light o1 this
de1ense statement to the Cur!, the introduction o1 e;idence A! the "rosecution o1 the sim"le 1act that an e/amination
occurred certainl! Bas not N"lain error.O...G )amireE ;. 6tate, ((4 Ne;. ++,, ++7>+*, 9+* $.0d 704, 709 (99*#.
?%-2%N 8ND
8..2D8V2-HDEC=8)8-2%N 8ND ?%-2%N -% 8==%7 .2=2N< $)E>-)82= ?%-2%N 8.-E)
DE8D=2NE 6E- .%)-3 2N N)6 (74 and )E$=9H%$$%62-2%N -% )ECEN- ?%-2%N6H%$$%62-2%N6 B9
$5B=2C DE.ENDE) 8ND DE$5-9 D26-)2C- 8--%)NE9
N)6 (74.(0+
Certain motions required to Ae made Ae1ore trial. (. 8ll motions in a criminal "rosecution to su""ress e;idence, 1or
a transcri"t o1 1ormer "roceedings, 1or a "reliminar! hearing, 1or se;erance o1 Coint de1endants, 1or BithdraBal o1
counsel, and all other motions Bhich A! their nature, i1 granted, dela! or "ost"one the time o1 trial must Ae made
Ae1ore trial, unless an o""ortunit! to maDe such a motion Ae1ore trial did not e/ist or the mo;ing "art! Bas not
aBare o1 the grounds 1or the motion Ae1ore trial. 0. 2n an! Cudicial district in Bhich a single Cudge is "ro;ided: a#
8ll motions suACect to the "ro;isions o1 suAsection ( must Ae made in Briting, Bith not less than (, da!sM notice to
the o""osite "art! unless good cause is shoBn to the court at the time o1 trial Bh! the motion could not ha;e Aeen
made in Briting u"on the required notice. A# -he court ma!, A! Britten order, shorten the notice required to Ae
gi;en to the o""osite "art!. 3. 2n an! Cudicial district in Bhich tBo or more Cudges are "ro;ided: a# 8ll motions
- 155/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
suACect to the "ro;isions o1 suAsection ( must Ae made in Briting not less than (+ da!s Ae1ore the date set 1or trial,
e/ce"t that i1 less than (+ da!s inter;ene AetBeen entr! o1 a "lea and the date set 1or trial, such a motion ma! Ae
made Bithin + da!s a1ter entr! o1 the "lea. A# -he court ma!, i1 a de1endant Bai;es hearing on the motion or 1or
other good cause shoBn, "ermit the motion to Ae made at a later date. 4. <rounds 1or maDing such a motion a1ter
the time "ro;ided or at the trial must Ae shoBn A! a11ida;it.s.
=E<8= 8)<5?EN-
-3E C%N-EN-6 %. -3E )$D 8))E6- )E$%)-, $C 63EE-, 8== 72-NE66 6-8-E?EN-6 8ND 8N9
%-3E) EV2DENCE %) -E6-2?%N9 63%5=D BE 65$)E66ED
E/am"les o1 rele;ant e;idence that can Ae considered in $HC determination:
sus"ectMs 1light Bhen a""roached
"h!sical clues e.g. 1oot"rints, 1inger"rints#
sus"ectMs ;oluntar! admissions
sus"icious or surre"titious conduct
sus"ectMs "re;ious criminal record
sus"ectMs "resence in high crime area
2t is im"ortant to
"oint out that the undersigned has not Aeen arraigned as to the 8mended Criminal Com"laint, and the 6tateFs 1ailure
to get this done A! noB Arings aAout a ;iolation o1 the undersignedFs )ight to 8 6"eed! -rial, as such a dismissal is
in order. -he 1olloBing Bas rela!ed to D$D <oodnight in a recent email, and the undersigned a"ologiEes 1or the
e/tent to Bhich the tone does not com"ort Bith that Bhich should Ae used Ae1ore this court, hoBe;er, the
undersigned has Aeen stretched 1or time, mone!, energe!, 1reedom, etc. and must suAmit this as is:
G6o, 2 donFt see Aringing u" in a 6ocratic>st!le issues incident to the Bill o1 )ights, Bhile out Bith oneFs $eDingnese,
a1ter asDing i1 the sus"ects can tie u" the dog Aecause Git liDes to run aBa!G and a1ter announcing the sus"ect is an
attorne! and that the )$D %11icer had Cust touched the attorne!Fs "enis, Aare hand to Aare "enis sDin#, and
"ro;ided the sus"ectHattorne!Fs NV Aar numAer, es"ec2all! Bhere the 9(( calls re;eal <oAle and his sDater !outh
1riends to Ae assaulting Coughlin, as "ro;iding a Aasis 1or a "roAaAle cause 1inding. 7h! is none o1 this in !our
"re>trial ?otionI 2s it Aecause 42m =eslie ordered !ou to Ae silent at a "re;ious court hearing, then made CoDes at
m! e/"ense, in a setting that Bas an!thing Aut a comedic oneI
6o, m! "oint
Bould Ae the Gsus"icious or surre"titious conductG arguaAl! ma! not include Aroaching the to"ic o1 the Bill o1
)ights, "articularl! Bhere so man! other indicia o1 "olice misconduct are a""arent, as Bell as retaliator! moti;es
on the )$DFs "art.
7arrantless 6eiEure
seiEure Custi1ied Bhere )H6 oACect isHcontains contraAand
destruction o1 small amount ma! Ae "ermissiAle to determine identi1!
location in N"lain ;ieBO does not automaticall! gi;e right to seiEe
ma! seiEe oACects disco;ered in course o1 legal search i1 su11icientl! connected to criminal acti;it! that Barrant
could ha;e issued
there is no requirement o1 inad;ertence 3orton#
.urther, an
Gi$honeG is not GcontraAandG ie drugs, etc.# as such the seiEure here Bhether o1 the i$hone itsel1 or o1 CoughlinFs
"erson# Bas inCusti1ied
6earch 2ncident to 8rrest 62-8# our Aut ma! not Ae used to "ro;ide $HC 6mith ;. %hio#...4oe, 2 thinD this is an
issue !ou need to elucidate clearl! to the Court ;ia "re>trail motion.
.urther, ?r. the
<oodnight, !ou maDe no issue o1 Duralde touching the accusedFs "enis Bith his Aare hands shortl! a1ter arri;ing on
the scene. 8dditionall!, Duralde, in his suAsequent amendment to his original re"ort ie, the one he made a1ter the
;ideo o1 the arrest shoBed u" on BBB.!outuAe.com#, actuall! indicates that he "laced Coughlin in handcu11s
BEC856E he touched CoughlinFs "enis and Coughlin did not a""reciate such an unBelcomed touching. Durale
re1ers to this as Coughlin GmaDing a sceneG. 2 Bonder i1 1ormer )$D %11icer $itsnogle though Eeo1 Bas GmaDing a
sceneG. 6"eaDing o1 Bhich, Bhere is the "roo1 that Duralde re"orted this alleged unBanted se/uall! touching and
that Coughlin is heard oACecting to on the ;ideoI 2s there and internal "olic! BhereA! such matters must Ae
re"orted inI ?ust the Ae re"orted sooner than a""ro/matel! 7, da!s a1ter the occur, as Bas the case hereI
- 156/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7arrantless 6earch
Barrant generall! required 1or searchHseiEure o1 "ro"ert! unless:
62-8 o1 area Bithin aresteeMs control
E/igent circumstances e.g. Nhot "ursuit,O destruction o1 e;idence, harm to "ersons#
E;idence is in N"lain ;ieBO
8dditionall!, all
i$hones are imminentl! traceaAle and also, i"hone oBners are Aasicall! aAle to render their "hones rather useless to
an!one GstealingG or G1indingG them. 8ll these "hones ha;e an 2?E2 numAer that is easil! tracDed A! Aoth 8""le
and the cell "ro;ider. -o argue that a 62-8 Bas Custi1ied Aased u"on some Ge/igent circumstancesG rationale o1
s"oliation or destruction o1 e;idence is undermined A! the imminentl! tracDaAle nature o1 these smart "hones..
.urther, Bith res"ect to the Gintent to "ermanentl! de"ri;eG <oAle himsel1 can Ae heard on the ta"e o1 the arrest
sa!ing G2 donFt get it, !ou alread! ha;e a Aetter touch screen "honeG ie, Bhat do !ou Bant Bith an old i$hone 3< in
8ugust o1 0,((. -his isnFt aAout a "hone, its aAout the Bill o1 )ights, "olice misconduct, and "rosecutorial
o;erreachingHNi1onging....and its started to Aecome aAout e/"osing the $uAlic De1enderFs %11ice as o""ortunistic
GBindoB dressingG that is selling out the "uAlic Bhile Aeing Gsu""orted in the manner to Bhich the! ha;e groBn
accustomedG. But, reall!, it didnFt need to Aecome aAout an! o1 that, Aut DD8 9oung could onl! o11er a "lea
agreement that had no real utilit!, so here Be are...
.urther, ?r.
<oodnight, des"ite m! re"eated requests that !ou do so, !ou 1ailed to 1ile an! o""osition to DD8 9oungFs
8mending the Criminal Com"laint, es"eciall! Bhere a retaliator! moti;e is "atentl! e;ident considering the 1act
that a N)C$ )ule (( G1iling read!G sanctions motion Bas ser;ed u"on DD8 9oung Cust da!s Ae1ore he so mo;ed
to 8mend the Criminal Com"laint, and that his amending the Com"laint did not in;ol;e retracting or BithdraBing
the the charge 1or Bhich the "atent inconsistencies in the initial "roduction o1 disco;er! should require he BithdraB
ie, i1 the stor! has noB changed to some G3i""!G 1reel! handed the "hone to the accused...the Bh! does the "etit
larcen! charge remain, ie, Bh! is the 8mended Criminal Com"laint noB seemingl! G"lead in the alternati;eG and
there1ore creating an im"ermissiAl hime "reCudice to the accusedFs de1ense in that noB it must entail "re"aring 1or
the de1ense o1 -7% di11erent charged, each Bith marDedl! di11erent elements and 1or Bhich the 6tate has not e;en
made or alleged a "rima 1acie shoBing 1or ie, the 6tate ma! not alleged that a "rima 1acie shoBing and reasonaAle
diligence and Aasis in 1act e/ists 1or Aoth o1 these charges Bhere the material 7itness, Zarate, has essentiall!
com"letel! ;itiated his crediAilit! A! "ro;iding "atentl! inconsistent ;erAal and Britten statements to the o11icer at
the scene, and Bhere the %11icerFs oBn "ro1essionalism and crediAilit! is Arought into question gi;en his 1ailure to
account 1or the "atent and material incongruities in ZarateFs ;arious ;erAal and Britten statements, as Bell as A! the
misconduct e;ident A! the )$D including is DuraldeFs oBn misconduct# u"on Bill e;en a cursor! re;ieB o1 the
;ideoHaudio o1 the arrest and suAsequent ;ideoed Bitness inter;ieBs, and )$D %11icers Durio and Barnes re1usal to
in;estigate the assaults and Aatteries u"on the in;estigator, e;en Bhere ;ideo 1ootage thereo1 e/ists and Bas
"ro;ided. .urther, ?r. <oodnight, !ou noB, arguaAl!, ought mo;e 1or a dismissal Aased u"on the 1ailure to accord
the accused his right to a s"eed! trial is, gi;en this arrest occurred on 8ugust 0,th, 0,((.
8dditionall!, ?r.
<oodnight, !ou ha;e 1ailed to maDe an! claim o1 im"ermissiAle o;ercharging on DuraldeFs "art ie, "ur"ose1ull!
charging the 1elon! o1 grand larcen!, Bhere, clearl!, a 1our !ear old i$hone Bas onl! going 1or, on a;erage L', at
the time, 8ugust 0,((# and Duralde sought to a;oid the "rohiAition, under Ne;ada laB against arrests 1or
misdemeanors not Gcommitted in the "resence o1 the %11icerG and there1ore "reclude the search incident to arrest
and "enis 1ondling that Duralde a""arentl! sought to "artaDe in here# A! Bill charging a 1elon!, Bhich, under
Ne;ada laB, ma! alloB 1or a custodial arrest e;en Bhere the conduct in;ol;ed in the 1elon! alleged Bas not
committed Bithin the "resence o1 the o11icer.
8lso, Bith res"ect
to a search incident to arrest, such searches are also a""licaAle to arrests 1or minor crimesHtra11ic ;iolations Bhere
custodial arrest occurs )oAinson, <usta1son#F hoBe;er, note that such searches are "rohiAited 1or non>custodial
arrest under Aoth Ne;ada statutor! laB and A! a 56 6u"reme Court decision PnoBles#
htt":HHen.BiDi"edia.orgHBiDiHPnoBlesZ;.Z2oBa
$lain VieBO Doctrine
requires that:
o11icer Ae legall! on "remises
incriminating nature must Ae a""arent 1or items seiEed i.e. $HC that oACect is incriminating, )H6 does not su11ice#
8riEona ;. 3icDs: ?innesota ;. DicDerson#
- 157/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o11icer ha;e laB1ul right o1 access to oACect
2t is unclear Bh!
the 6tate and )$D ha;e AlacDed out redacted the location o1 the arrest in the disco;er! "ro;ided, and "erha"s that
relates to Bhether the G"remisesG Bas one on Bhich the %11icer Bas Glegall! alloBedG to Ae on. .urther, there
arguaAl! did not e/ist $HC that the GoACectG here Bas incriminating, "articularl! Bhere it sure seemingl! tooD a
curiousl! long time 1or Duralde to get one o1 <oAleFs assorted (+ or so sDater 1riends, all seemingl! equi""ed Bith
smart "hones to call the numAer o1 the "hone the accused allegedl! had in his "ocDet, "articularl! under
circumstances Bhere the sDater !ouths Bere mad enough at the accused and eager enough to shoB him u",
"articularl! in 1ront o1 the "olice, that these sDater !ouths had alternatel! threatened to DicD CoughlinFs ass, steal his
dog and or AiDe, and reach into CoughlinFs "ocDets Bithout "ermission, in addition to maDing clums! attem"ts to
aAuse "rocess A! 1alsel! alleging that Gsomeone Cust socDed a minorG on the 9(( call, and later, in one o1 the
in;estigatorFs ;ideos Bhere )oA DaBson, he o1 the checD sBinging a sDateAoard Bith Bheels Arandished as
Bea"ons at the in;estigators head, continued to menacingl! threaten to aAuse "rocess A! "ersisting in this "hon!
accusation that the accused in this matter Ghit a DidG or G"unched a minorG "articularl! Bhere none o1 the other
sDater !outh seemingl! continue to ha;e the heart 1or maintaining such a malicious 1alsehood.
Nor ha;e !ou
Arought u" an! statements Duralde made to the accused BhereA! Duralde im"ermissiAl! taunted the accused that
he Bas going to "ut the charge doBn as a <)8ND =8)CEN9 Aecause that is a .E=%N9 and and Bould in;ol;e a
higher Aail and more damage to the accusedFs career as a laB!er and that Duralde Bas so doing in retaliation 1or the
accused 1ailure to Aeha;e in the manner in Bhich Duralde is accustomed to Aeing res"onded to incident to a shoB
o1 his "olice "oBer, Aut rather, Bhere the accusedFs Bas a GlaB!erG Bhom %11icer Duralde Gdoes not res"ect at allG
and Bhom Duralde told to Gshut u", 2 donFt Bant to hear another thing out o1 !ouG, Aut Bhere %11icer )osa,
incom"rehensiAl! told Coughlin to "ro;ide his name and in1ormation or )osa Bould Gcall u" the state AarG and
de1ame Coughlin to them, Bhereu"on )osa Banted to DnoB GhoBFs that runninF 1or !aIG onl! to then announce to
Coughlin that Coughlin had tBo choices: to "ro;ide his name Bhich Coughlin had alread! done, and his NV Bar
numAer to Aoot# or to Ggo to CailG Aecause the )$D Bas GAus!G and had GAetter things to doG than to concern itsel1
Bith "eo"leFs rights and Gthe laBG. .urther, Duralde did not ha;e a GlaB1ul right o1 accessG to the GoACectG here,
"articularl! Bhere engaged in some ;er! ill ad;ised "enis touching "rior to conducting such an im"ermissiAle
search.
N6to">and>.risDO and =imited Detention 7ithout $HC
minimal searchHseiEure "ermitted Aased on )H6 des"ite aAsence o1 $HC
)H6 must Ae Aased on NoACecti;e 1actsO sus"ect is in;ol;ed in criminal acti;it! BroBn ;. -e/as# )$D D5)8=DE
38)D=9 C%5=D BE 682D -% 38VE F%B4EC-2VE .8C-6 3E)E 73E)E -3E 6C8N- D26C%VE)9 -3E
6-8-E $)%D5CED 26
5ND5=9 C%N)8D2C-%)9 8ND -38- 732C3 -3E 6-8-E D2D N%- $)%D5CE 8B6EN- 8
65B$%ENE 2E -3E 9(( C8==6# 26 EVEN ?%)E
65<<E6-2VE %. 8 =8CP %. %B4EC-2VE .8C-6, -% 72-:
-3E 9(( C8==6 63%7 <%B=E 26 D2? 8- BE6-, 8ND 8- 7%)6- 73% $%66E66E6 8 C=E8)
-ENDENC9 -% =EVE)8<E $)%CE66
.%) 2?$E)?2662=BE $5)$%6E6 2E -% =2E -% -3E $%=2CE
-% <E- -3E? -% BE 326 8--8CP D%<6#
indi;idual 1acts ma! Ae non>criminal so long as taDen together the! suggest scenario o1 criminal acti;it! 6oDoloB#
de1erence a11orded to e/"erienced o11icerMs reasoning 8r;iEu#
D5)8=DE 786 %N=9 0* 8- -3E -2?E %. -326 8))E6-
1light is highl! "roAati;e in sus"icion determination 7ardloB#
3%7EVE), 3E)E, -3E 8CC56ED 78N-ED -% -2E 326
$EP2N<NE6 D%< 5$ $)2%) -% 8N9 DE-EN-2%N BEC856E
G2- =2PE6 -% )5N 8789G
- 158/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e;aluation o1 in1ormantMs ti" in )H6 determination Aased on totalit! o1 the circumstances 8laAama ;. 7hite# t3E
9(( %$E)8-%)6 -8P2N<
<%B=E E- 8=F6 C8==6 N%- 8== C8==6 8$$E8) -% 38VE
BEEN $)%D5CED 6EE? D26-)56-2N< %. <%B=E 8ND
6=2<3-=9 8NN%9ED B9 326 C8==%7NE66
6=2
reliaAilit! standard is loBer than that required 1or $HC
anon!mous ti" alone Bithout suAstantiation insu11icient to estaAlish )H6 .lorida ;. 4.=.# $8-EN-
C%N-)8D2C-2%N6 8)E N%- 65B6-8N-2-8
De! element is Bhether ti" "redicts 1uture e;ents
-3E -2$6 3E)E D2D N%- $)ED2C- .5-5)E EVEN-6, 2N .8C- -3E9 C)E8-ED 2?$=2C8-2%N6
-38- 7E)E 65B6E@5EN-=9 C%N-)8D2C-ED %) 63%7N -% =8CP 8 B8626....no V2%=ENCE no one
GsocDed a minorG no one Gran aBa!G, etc., etc.
seiEure determination Aased on Bhether reasonaAle "erson, in ;ieB o1 all the circumstances, Bould ha;e 1elt N1ree
to lea;eO ?endenhall#
%BV2%56=9 -3E 8CC56ED 3E)E D2D N%- .EE= G.)EE -% =E8VEG 2N .8C- 3E
@5E))2ED -3E %..2CE)6 6EVE)8= -2?E6 2N -38- )E<8)D
"roAati;e 1actors include:
threatening "resence o1 o11icers
dis"la! o1 Bea"on A! o11icer
some "h!sical touching o1 "erson
use o1 language or tone o1 ;oice
termination o1 mo;ement rises to seiEure onl! Bhen through means intentionall! a""lied BroBer ;. Count! o1
2n!o#
mere shoB o1 authorit!, aAsent suAmission, does not constitute seiEure 3odari D.#
e/tent o1 sto" limited A! "rinci"les o1 reasonaAleness:
must not Ae longer than circumstances require
must not Ae more intrusi;e than necessar! .lorida ;. )o!er#
suACect to reasonaAleness anal!sis 6har"e#
demand 1or identi1ication not unreasonaAle 3iiAel#
ma! not trans"ort sus"ect to station aAsent $HC DunaBa!#
1risD "ermissiAle Bhere limited to search 1or Bea"ons DicDerson# and o11icer has reasonaAle Aelie1 sus"ect is
armed 9Aarra#
rule ma! Ae e/"anded to include N"lain touchO o1 Bea"ons, contraAand, or e;idence
on>site 1inger"rinting "ermitted Aased on )H6 o1 crime
limited seiEure o1 "ro"ert! also "ermitted as incident to sto" $lace#
Aut 9,>minute seiEure too long to Ae reasonaAle $lace#
limited search Ae!ond sus"ectMs "erson i.e. car# also "ermissiAle Aased on Ns"eci1ic and articulaAle 1actsO creating
)H6 o1 danger =ong#
sto"s o1 ;ehicles also "ermitted 8dams#
Aright line rule alloBs "olice to require dri;er to lea;e car during sto" ?imms#
"assengers also can Ae required to e/it e;en aAsent )H6 ?ar!land ;, 7ilson#
Custi1ied A! Aalancing sa1et! interest ;s. de minimis intrusion
rationale:
Custi1ied A! e/igent circumstances
- 159/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
not situation 1or Bhich Barrant Bould Ae required
search reasonaAle under circumstances Aased on sus"icion
1risD Custi1ied A! risD to o11icerMs sa1et! Bhere limited to necessar! sco"e
Arie1 detention on less than $HC o1 residenceMs occu"ants "ermissiAle during search "ursuant to Barrant 6ummers#
legalit! unclear Bhere Barrantless search in;ol;ed
?otion to Dismiss
or 6u""ress should Ae granted gi;en the "olice misconduct and constitutional ;iolations "resent Bhere Duralde
o;ercharged the o11ense "articularl! i1 !ou can estaAlish that Duralde Bas gloating aAout hoB he, as a "olice
o11icer, and not a a la!Ber Duralde can Ae heard on the ta"e sa!ing something liDe G4ust shut u"...2 donFt Bant to
hear an!more out o1 !ou...2 donFt res"ect !ou at all...laB!er something..attorne! this, Bh! should 2 care i1 !ou are
an attorne!...that is in no Ba! an indicia o1 reliaAilit! ;is a ;is com"aring the testimon! o1 a grou" o1 sDater !ouths
Bith 1rosted ti"s, guaged ears, and slang that can Ae heard on the 9(( calls and social netBorDing sites smoDing
Beed is getting G8nne .ranDedG, nWgga this, n^gga that, Aitch this, Aitch that# maDing u" allegations o1 Gsomeone
Cust socDed a minorG an allegation that, sus"iciousl! Bas ne;er re;isted a1ter the Aene1it o1 using it to assure a
s"eed! "olice res"onse# to allegations that transmor"hed 1rom initiall! claiming Coughlin taDing the "hone right
1rom Bhere <oAel set it doBn in the initial ;ersion o1 e;ents that material Bitness Nate Zarate ga;e to the )$DFs
%11icer Duralde, as Britten in DuraldeFs 6u""lementar! Declaration to ...l!ing aAout onl! Aeing G(+ 1eetG aBa!
1rom Bhere <oAle set the "hone doBn>this is Bhere it is im"ortant to estaAlish that Coughlin didnFt immediatel!
1lee on his AiDe right a1ter allegedl! getting the "hone 1rom the 3i""!, Aut rather that, Coughlin Bhile on his AiDe,
tooD tBo e/tremel! leisurel! la"s around the "erimeter o1 the sDating "laEe in 1ront o1 the Cal>Ne;a, "erha"s e;en
meandering "ast =uc! B!ington and or Nicole 7atson Bho are Aoth "resent in the e/cul"ator! ;ideos in the
"ossession o1 Aoth the D8 and $D, and Bho ma! ha;e Aeen a""ro/imatel! 3, 1eet aBa! 1rom Bhere the 3i""!
o11ered the "hone u", loudl!, to the deniEens o1 the sDate "laEe, onl! to shortl! therea1ter announce he Bould
GthroB the "hone in the ri;erG i1 someone didnFt claim it immediatel!....
D$D <oodnight
Bas ser;ed a Britten request that he conduct disco;er! and collect admissiAle e;idence, including ha;ing
suA"oenas, requests 1or "roduction, interrogatories, and requests 1or admissions and other disco;er! a""roaches
utiliEed, issued, and ser;ed u"on B!ington, 7atson, )oA DaBson, the unidenti1ied 811liction Arand gra"hic t>shirt
Bearing, 1rosted ti"s, ears guaged, G5.C 1ightG Bho Bas Ghea;il! into FdoucheAag cultureFG this !oung man, Bas
the most aggresi;e and "h!sicall! threatening during the incident, though <oAle himsel1 can Ae heard on the 9((
ta"es GscreamingG at the sus"ect the te/t "rintouts "ro;ided A! the )$D assign the designation G)$G to <oAle,
"resumaAl! 1or G)e"orting $art!G, and it is curious hoB aggresi;e, hostile, careless, rude, entitled, and "rone to
l!ing Bhere con;enience tem"ts that <oAle is, Colton -em"leton, and the unidenti1ied (7 !ear old sDater in so
man! o1 the ;ideos Bho said Ggi;e me !our dogG#. 2t Bas this G(7 !ear oldG Bho "roudl! announced that he could
reach in CoughlinFs "ocDets Aecause o1 his status as a GminorG, as that Bould a""arentl! in this !oung manFs e!es#
maDe him immune to "rosecution 1or an! such Brongdoing. .urther, the audioH;ideo o1 the arrest indicats an 8sian
male, in his earl! tBenties, a""ears to maDe an e/tended 9(( call, and that there Bere, "erha"s, other 9(( calls
made.
7ritten and ;erAal requests Bere made on <oodnight to suA"oena these 9(( calls, hoBe;er, it
a""ears some are missing, and <oodnight Bill need to ;eri1! the Bording o1 his suA"oena to assure that it Bas not
o;erl! narroB such that a cle;er 9((, Cit! o1 )eno, )$D, or 7CD8 administrator or su"er;isor is not aAle to a;oid
"ro"ounding a ta"e o1 a 9(( call that ma! 1urther undermine the "rosecutionFs case.
-he ?iranda )ule and the .i1th 8mendment
NBhen an indi;idual is taDen into custod! or otherBise de"ri;ed o1 his 1reedom A! the authorities in a signi1icant
Ba! and is suACected to questioning, the "ri;ilege against sel1>incrimination is Ceo"ardiEed[ R-he sus"ectS must Ae
Barned "rior to an! questioning:
that he has the right to remain silent,
that an!thing he sa!s can Ae used against him in a court o1 laB,
that he has the right to "resence o1 an attorne!,
and that i1 he cannot a11ord an attorne! one Bill Ae a""ointed 1or him "rior to an! questioning i1 he so desires.O
creates irreAutaAle "resum"tion o1 in;oluntariness i1 Barnings not gi;en
Aased on rationale that custodial interrogation is inherentl! coerci;e
rules is indirect constitutional holding creating "ro"h!lactic rule DicDerson#
a""lies to all crimes including Nminor crimesO# BerDemer#
a""lies onl! to custodial questioning
- 160/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
inquir! is Bhether reasonaAle "erson in sus"ectMs "osition Bould ha;e Aelie;ed he Bas in custod! 6tansAur!#
Aoth "artiesM suACecti;e Aelie1s irrele;ant BerDemer#
-err! sto"s are generall! not custodial Aecause N"resum"ti;el! tem"orar! and Arie1O BerDemer#
that in;estigation has 1ocused on sus"ect is not dis"ositi;e BecDBith#
location o1 interrogation is "roAati;e
Aut sus"ect Bho ;oluntaril! comes to stationhouse usuall! not in custod! ?athiason#
interrogation in "uAlic usuall! not custodial BerDemer#
interrogation in home usuall! not custodial BecDBith#
Aright line rule that de1endant not in custod! i1 unDnoBingl! talDing to underco;er agents including i1 in "rison#
2llinois ;. $erDins#
Aut there ma! still Ae ;iolation o1 right to counsel ?assiah#
a""lies to an! statement during in interrogation:
;oluntar! statement made in aAsence o1 questioning un"rotected
1unctional equi;alent to questioning constitutes interrogation i.e. actions NreasonaAl! liDel! to elicit an
incriminating res"onseO# 2nnis#
intent o1 "olice is not dis"ositi;e in such instances 2nnis# Aut ma! Ae rele;ant ?auro#
standard questions 1or AooDing do not im"licate ?iranda ?uniE#
questions asDed A! non>"olice ma! im"licate ?iranda
"s!chiatric e/am used 1or "enalt! "hase ma! im"licate Aut not Bhere used to assess onl! com"etenc!Hsanit!
Estelle#
right e/ercisaAle at an! time
right is Bai;aAle
Aurden o1 "roo1 on "rosecution to shoB Bai;er ;oluntar!, DnoBing, and intelligent ?oran ;. BurAine# A!
"re"onderance Connell!#
requires DnoBledge o1 Aoth nature o1 right and consequences o1 relinquishment
silence can ne;er constitute Bai;er
neither e/"ress statement nor Britten Bai;er alBa!s required Butler#
conditional Bai;er ma! Ae su11icient, e;en i1 NillogicalO Barrett#
coercion is necessar! "redicate to 1inding con1ession in;oluntar!
de1endantMs suACecti;e mental state irrele;ant Colorado ;. Connell!#
ma! Ae rele;ant 1or DnoBingHintelligent inquir!
"olice treatment o1 attorne! irrele;ant in inquir! ?oran#
"olice silence as to questioningMs sco"e does not render Bai;er in;oluntar! Colorado ;. 6"ring#
a11irmati;e misre"resentation ma! Ae di11erent matter
e/istence o1 retained attorne! not dis"ositi;e on nulli1ication o1 Bai;er, e;en Bhere "olice "re;ent contact ?oran
;. BurAine#
Custi1ication \ e;ents outside "resence o1 and unDnoBn to sus"ect can ha;e no Aearing on ca"acit! to Bai;e
relied also on Aalancing a""roach hotl! contested#
suACecti;e state o1 mind o1 "olice irrele;ant
still "otential 1or Due $rocess ;oluntariness ;iolation
request 1or laB!er e/"licitl! requires that questioning cease
request 1or non>laB!er e.g. "roA. o11icer# ma! not ;itiate Bai;er .are ;. ?ichael C.#
"olice required to demonstrate de1endantMs intent to relinquish right i1 e11ort to in;ocate right to remain silent has
alread! Aeen made BreBer#
"olice ma! re>initiate interrogation suAsequent to in;ocation o1 right to silence ?ichigan ;. ?osle!#
requires right to silence to Ae Nscru"ulousl! honoredO
requires Ncooling o11O "eriod AetBeen interrogations
unless "rior in;ocation amAiguous or equi;ocal Da;is#
standard is reasonaAle o11icerMs understanding
clari1!ing questions "ermissiAle
"olice ma! not re>initiate i1 sus"ect in;oDes right to counsel EdBards#
Aright line rule unless sus"ect initiates suAsequent questioning
requires re"resentation o1 desire to o"en Nmore generaliEed discussion relating[ to the in;estigationO BradshaB#
also requires that re>in;ocation Ae DnoBing and ;oluntar!
test is totalit! o1 circumstances
unless "rior in;ocation amAiguous or equi;ocal Da;is#
- 161/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
standard is reasonaAle o11icerMs understanding
clari1!ing questions "ermissiAle
a""lies to questioning regarding di11erent crime )oAerson#
laB!er must Ae "resent 1or interrogation a1ter in;ocation ?innicD#
suAsequent to ;alid Bai;er, rights liDel! need not Ae re"eated
rule includes right to ha;e laB!er "resent during questioning
e/ce"tion a""lies 1or questioning "rom"ted A! reasonaAle need to "rotect N"uAlic sa1et!O @uarles#
requires a""lication o1 oACecti;e standard
Custi1ication that ?iranda requirements merel! "ro"h!lactic, alloBing a""lication o1 cost>Aene1it anal!sis
de1endant ma! still e/clude A! shoBing o1 actual coercion
?iranda>de1ecti;e statement ma! Ae used 1or im"eachment "ur"oses 3arris#
unless oAtained in;oluntaril! in Bhich case inadmissiAle ?ince!#
silence suAsequent to ?iranda Barnings also inadmissiAle Do!le#
unless de1endant o"ens the door at trial
silence is im"licit to carr! no "enalt!
rule does not a""l! to "re>?iranda silence .letcher, 4enDins#
rationale that ?iranda ma! not Ae used as license 1or use o1 "erCur!
in;ocation o1
-est2monial E;idence
right against sel1>incrimination "rotects onl! testimonial e;idence 6chmerAer#
line draBn generall! AetBeen communications and "h!sical e;idence
6o, <oodnightFs
recent 1iling is Dind o1 1unn!:
G?%-2%N -% 8$$%2N- C%>C%5N6E= C%?E6 N%7, the De1endant, Z8C38)9 B8)PE) C%5<3=2N, A!
and through his attorne! o1 record 4ose"h <oodnight, De"ut! $uAlic De1ender, hereA! 1iles this ?otion to 8""oint
Co>Counsel. -his ?otion is made solel! at ?r. CoughlinFs request and Aased u"on the 1olloBing "oints and
authorities and all "a"ers and "leadings on 1ile herein. 6-8-E?EN- %. -3E C86E -his case stems 1rom an
arrest made on 8ugust 0,, 0,((. -he 7ashoe Count! $uAlic De1ender Bas a""ointed and the "arties a""eared 1or a
$re>-rial 3earing on 6e"temAer *, 0,((. 8 Com"etenc! E;aluation Bas requested and a Com"etenc! 3earing Bas
set 1or %ctoAer (0, 0,(( and then continued due to a dela! in oAtaining the e;aluation until %ctoAer 0', 0,((. 8t
the %ctoAer 0' hearing the Court addressed Bhether ?r. Coughlin Bould Ae re"resenting himsel1 or through the
assistance o1 counsel. -he Court told ?r. Coughlin that he could Ae a""ointed as co>counsel i1 he Bished to
re"resent himsel1. 8t the time, ?r. Coughlin declined a co>counsel arrangement and did not seeD to re"resent
himsel1. )ecentl!, ?r. Coughlin has changed his "osition and Bishes to a""ear as co>counsel in his oBn de1ense.
-rial is currentl ! set to occur .eAruar! 09,0,( 0. $%2N-6 8ND 85-3%)2-2E6 8 de1endant in a criminal case
has GtBo constitutional rights Bith res"ect to his legal re"resentation, R ...S RhSe ma! choose to Ae re"resented A!
"ro1essional counsel,o r he ma! DnoBingl! and intelligentl! elect to assume his oBn re"resentation.G $eo"le ;.
3amilton,4 * Cal. 3d ((40, (('0, 774 $.0d 73,, 74, Cal. (9*9# citing .aretta ;. Cali1ornia, 400 5.6. *,' (97+e.
G8n accused Bho chooses "ro1essional re"resentation rather than sel1>re"resentation, has no right to "artici"ate as
co>counsel.G 2d. 3oBe;er, the Court ma! authoriEe this arrangement i1 there is a GsuAstantial shoBing ... that in the
circumstances o1 the case the cause o1 Custice Bill thereA! Ae ser;ed and that the orderl! and e/"editious conduct o1
the courtFs Ausiness Bill not thereA! Ae suAstantiall! hindered, ham"ered, or dela!ed.G 2d. citing $eo"le ;. ?attson
+( Cal.0d 777, 797, 33' $.0d 937 (9+9e. C%NC=562%N %;er the oACection o1 counsel, ?r. Coughlin requests to
Ae a""ointed as co>counsel. Counsel suggests a "re>tial hearing to determine the merits o1 ?r. CoughlinFs request.G
But <oodnightFs
recent 1iling is not as 1unn! as DD8 9oungFs recent 1iling, Bhich seems to asD the Court to dismiss him 1rom
ha;ing to actuall! read the undersignedFs motions and attachments or otherBise "ro;ide legal su""ort 1or the
"ositions DD8 9oung is taDing and Cust, generall!, let the status quo remain Bhere DD8 9oung is not "ushed too
hard A! D$D <oodnight and all those Bho e/ists Bithin Gthe s!stemG maintain their BorDHli1e Aalance and health!
salaries, courtes! o1 the "uAlic 1isc, all Bith essential! Eero GsDin in the gameG other than the s"ecter o1 retaliation,
;iolent or otherBise 1rom those Aeing "rosecuted...something Bhich 2 can relate to 1rom m! da!s as a domestic
;iolence attorne! Bith 7ashoe =egal 6er;ices, and is, admittedl!, no small matter, and something 1or Bhich DD8
9oung and D$D do aAsolutel! ha;e m! aAsolute res"ect 1or li;ing Bith on a dail! Aasis and 1or Bhich 2 Dind o1
1eel liDe an ass o;er 1or an! o1 the criticism 2 le;! at either DD8 9oung or D$D <oodnight or the Court,
- 162/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
admittedl!, and 1or Bhich 2 BouldnFt Ae sa!ing Bere it not 1or Bhat 2 "ercei;e to Ae the unnecessar! and, at least in
"art, undeser;ed toll this "rosecution has taDen on me and m! 1amil! and our relationshi"s# and 1or Bhich 2 Bish to
assure all in;ol;e that Ae!ond m! little legal research diatriAes here, 2 aAhor ;iolence and or other non legal means
o1 retaliation and Bould ne;er engage in an! such actions against an! o1 the "arties in;ol;ed in this matter, 2 ho"e
that goes Bithout sa!ing, Aut 2 am sa!ing it here 1or Bhate;er it is Borth#:
-hat letter o1 interest and Bind shear arrest and times and attem"t at transcriAing Bith Dragon 1or * 09 (0 $art 3
)C)0,((>,'334(
8ugust 09th, 0,(0 7ednesda!
((:(*:,* am
3im Cudge: Be Bill go 1orBard then 1irst o1 all 2 am gonna rule Aased u"on an in camera hearing is not 1ind that a con1lict
o1 interest that Ba! Ae so suAstantial as to den! the de1endant si/th amendment right to counsel in this case. 8nd Bith
res"ect to the .aretta can;as 6ir 2 Aelie;e !ou are a Arilliant "erson 2 am re1erring to ?r. Coughlin here !our anal!sis o1
the minutia is Bithout equal, Aut) do belie&e you ha&e a problem percei&ing the forest from the trees t#o days
ago ) spent an inordinate amount of time on this &ery same issue the inability to ma%e a simple decision
resulted in us coming again to this issue today a although ) belie&e it probably is untimely ) am going to rule on
the 0aretta can&as and )'m going to deny you selfrepresentation at this point because ) don't belie&e you are
competent based on your ans#ers to the 7uestions as #ell as the pre&ious documents you filed in this case
based upon the fact that you ha&e in fact been suspended by the !tate 5ar of and are demonstrated lac% of
%no#ledge of at least some of the important criminal la# is your lac% of %no#ledge of procedure in criminal
cases in particular the fact that you filed a motion for summary $udgment in this case in&ol&ed other must
demonstrate that you are confusing sit #ill #ith criminal procedure and ) am concerned that if you represent
yourself in this case that #ould not be in your best interest and therefore )'m going to continue #ith to counsel
that has been appointed and #e #ill go for#ard the trial at this point <r( young to do ) call your first #itness
Coughlin !ir #ould be more correct to say #e're going to continue #ith the hearing on the <otion to
!uppress'
$udge: =es, that is correct( !o call your #itness on the motion to suppress him(
11:21 am
!tate: &ery briefly =our Honor there #as also and it #as part and parcel #ith the opposition for cocounsel
$udge: ) am going to deny that that motion and grant all the motions to stri%e #ith regard to any other filings by
<r( Coughlin lets their $oint by the public defenders ) don't belie&e any #ere $oined in by the public defenders
-eslie: =our Honor #ere not $oining in those motions #ith regard to the additional issue of his pretrial brief>
motion for summary $udgment filed at appro4imately 16 this morning or at least as ) understand it #as e?
mailed at this time that time #hen ) #ould suggest is #e proceed #ith the motion to suppress depending upon
the outcome #e may or may not ha&e a brief trial and some testimony and then there may be appoint #here )
as%ed for lea&e to file posttrial brief #here ) as%ed for permission to if ) belie&e that any issues need to be
commented on in #riting to assist the court in ma%ing a decision but ) am not $oining in the fugiti&e documents(
@udge: so ) am gonna grant a motion to stri%e all documents that #ere full filed solely by <r( Coughlin ho#e&er
#e do ha&e the motion to suppress #hich is properly filed and for that )'m good has that <r( young causes
#itness
state: yes, =our Honor )'m prepared to go for#ard the motion to suppress )'m going to ha&e the state call
officer 2uralde(
*)t is simply unfair to allo# the &arious filings by Coughlin to remain on file for months and months and then on
the day of trial allo# the state to mo&e to ha&e been stric%en particularly #here the public defender is clearly
relied upon the e4tent to #hich Coughlin has co&ered issues in his filings and therefore the public defender
failed in its o#n regard to preser&e those issues the public defender #as to some e4tent li%ely lulled into a
false sense of comfort in that regard( )f the court #ish to stri%e Coughlin's filings it needed to do so much
sooner than minutes before the trial started its plainly unfair to do so here to #het the public defender failed to
ma%e any sort of arguments related to the reasonableness of the search incident to arrest indeed <r(
Goodnights motion to suppress fails to broach the topic and <r( -eslie's trial practice completely fail to
address that putting all his eggs in one bas%et that of #inning on the patdo#n arguments ho#e&er <r(
- 163/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Coughlin's filing particularly his pretrial motion of 0ebruary 16, 2011 did manage to do a thorough $ob in that
regard #hich runs counter to the court's assertions that <r( Coughlin demonstrate a lac%, since he indeed it
appears that <r( -eslie is the one #ho gets to practice #ithin that #herein the court #ill deem anything he'd
does as competent and Aealous ad&ocacy of the highest 7uality e&en #here <r( -eslie has clearly the most
frail of grasps of the facts of the case and is done absolutely no no&el legal research directed to#ards the
issues that ha&e re&ealed themsel&es to be a salient importance in the defense of this matter(
8o #it: Coughlin's 0ebruary 16, 2011 motion in contained the follo#ing citation to legal authority that is of
supreme importance in the defense of this case and re&eals a profoundly s%illed legal researcher applying
high le&el critical analysis of the legal and factual issues re&ealed in this matter:
B%P to "ush Autton on
"ager 1ound on de1endant at time o1 arrest re;ealing numeric messages.
6ome courts alloB a 62-8 o1 a locDed area or container, 5.6. ;. <onEales, 7(
..3d *(9 ((th Cir.(99'# and Clemons ;. 5.6., 70 ..3d (0* 4th Cir. (99+#. 3oBe;er, i1
the arrestee is handcu11ed and in "olice custod! and has no chance o1 unlocDing and
o"ening the container, it seems that searches o1 locDed containers require a search
Barrant or other e/ce"tion.such as in;entor! search or consent#.G
Neither =eslie nor <oodnight e;en Aegan to understand or Aother to maDe an! sort o1 attem"ted ad;ocating on CoughlinFs
hal1 Bith res"ect to the e/tent to Bhich o11icer to Duralde or e/ceeded a reasonaAle sco"e in his search incident to arrest
A! accessing the digital data on a "hone that he himsel1 admits had a screen locD on it Bhile Coughlin Bas handcu11ed(
-eslie basically made of roo%ie mista%e in failing to ma%e any arguments directed to#ards the reasonableness
of the search incident to arrest particularly in the e&ent that anything connected to the patdo#n #as thro#n out
that his basic that is malpractice the e4tent to #hich -eslie has been smog in rude flippant in careless #al%ed
out on multiple meetings #ith Coughlin minutes after they began and hung up the phone on Coughlin
numerous occasions re&eals the e4tent to #hich -eslie is committed professional misconduct here and should
be sanctioned held in contempt by this court #hich retains the po#er to do so amongst the inherent authority
gi&en to it by the !upreme Court rules of :e&ada,(
-eslie: =our Honor last of the rule of e4clusion applies
$udge:, and as% anyone #ho's a #itness in this case to #ait outside not discussed this case amongst
yoursel&es and until the court calls you for your testimony( Cfficer #ould you raise your right hand to s#ear
under penalty of per$ury to tell the truth the #hole truth and nothing but the truth
2uralde: ) do
state: #ould you please state your name for the record'
2uralde: :icholas 2uralde 2/9A-2D
state:=our Honor, $ust to confirm these proceedings are still being recorded correct'
@udge: yes and the in camera proceedings #ere recorded as #ell but they #ere preser&ed in sealed so they
are separate(
!tate: are you currently employed
2uralde: the 9eno +olice 2epartment
(((11:2:09am(((
11:2E:33 am
state: directing your attention August 20, 2011 you said you #ere assigned as a patrol officer that day, and did
something occur shortly before midnight that brings you court here today
2uralde yes:
state: could you tell the $udge #hat that #as please
2uralde: ) #as dispatched to a call by, ) can't remember #hat the dispatch location #as e4actly but it #as at
the +laAa at 0irst and 1irginia across from City Hall on a report of,,, at first dispatch that it #as a disturbance, )
belie&e, possibly a fight, and then as #e #ere on our #ay there the updated us seem it #as a larceny that had
occurred(
!tate: the location you are referring to is that at or near 10 :( 1irginia seat or 1 Center !t( here in 9eno,
#ashoe county :e&ada'
2uralde: yes(
!tate: #hen you arri&e can you tell us #hat occurred'
- 164/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2uralde: #hen ) arri&ed him there #as a large group of people on sidered !treet near the ri&er ) can't recall the
description that #e #ere gi&en of the suspect in the larceny but dispatch ga&e us a description and #hen )
arri&ed there #as a large group of younger adults possibly summon their late teens sitting do#n and standing
near the defendant <r( Coughlin #ho #as sitting do#n in the middle of them <r( Coughlin #as #earing the
clothing described to us by dispatch(
11:2;:20 am
-eslie: ) ob$ect =our Honor the my ob$ection is that he can testify to #hether the close <r( Coughlin allegedly
#as #earing are consistent #ith #hat dispatch told him because he doesn't e&en remember #hat the
description of the suspect gi&en to him by dispatch in the first place
$udge the ob$ection is sustained( 8he testimony #ith respect to the clothing matching the description pro&ided
by dispatch is stric%en
state: officer did you #rite a report in this case'
2uralde: yes
state: and did you #rite this report sometime soon after your in&ol&ement #ith this case'
2uralde yes
state: you recall appro4imately ho# long
tal%ing department policy re7uires us to the #rite a report #ithin 6; hours of #hen the arrest #as made(
state o%ay so pretty soon after your in&ol&ement'
2uralde: yes
state: if ) could approach, =our Honor )'m sho#ing the #itness #hat appears to be his report is that correct'
2uralde yes
state is this the four page, it has some other things, but this is the four page report, correct'
2uralde yes
*:o#, no#, <r( =oung and Cfficer 2uralde, aren't you demonstrating a bit of lac% of candor #ith the Court
there' 2id the !tate not only pro&ide the B:arrati&eB by Cfficer 2uralde on :o&ember 30th, 2011, three
months after the arrest' Ho# does that relate to 2uralde's testimony that
state directing your attention to page 3 second paragraph(( 2on't ans#er out loud but $ust re&ie# that report
your report and let me %no# if that report reflections refreshes your recollection as to clothing and descriptors
as pro&ided you by dispatch (((11:29:9 am(((silence until him 11: 30: 6E am,
state: after re&ie#ing that is a refresher recollection'
2uralde: yes
state #ell: o%ay )'ll ta%e that report bac% from you( "hat #as it is far as particulars of the potentials suspect
#as of the dispatch ad&ised'
$udge <r( -eslie did you ha&e an ob$ection
-eslie ) didn't ha&e an ob$ection ) #as loo%ing at <r( Coughlin's copy on his computer of the police report and
by doing so ) #as able to find the information ) thought ) needed
state go?ahead sur
2uralde the suspect #as described as a #hite male appro4imately E foot to t#o 210 pounds #earing a red
Chicago at ) remember a light?colored shirt and plaid shorts
state: o%ay enough asporta #hen you arri&ed on scene did you see indi&idual #ho matched his description
2uralde: yes
state: is the person #ho #as consistent #ith that description the courtroom today
2uralde yes
state ne#born that person out to the $udge'
@udge the record #ill reflect the identification of defendant
state did you ma%e herbal contact #ith <r( Coughlin at that point
2uralde yes
state and can you tell the court #hat happened
2uralde: the first thing ) recall saying to <r( Coughlin #as that if he had someones phone if he ga&e it bac% to
him that the #hole situation could probably be ta%en care of at that point
- 165/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
state: do you recall #hat <r( Coughlin's response #as if any'
2uralde <r( Coughlin as%ed me if this #as a 8erry stop and if ) had authority to the to do that'
11:32:3F am
*2uralde's testimony here regarding the first statements Coughlin made to him is in mar%et contrast to ho# he
described it in his supplemental declaration filed #ithin 6; hours of arrest and in his narrati&e of three months
after the arrest and that this trial testimony describes Coughlin statement as a 7uestion i(e( as%ing officer
dra#led #hether he had authority to conduct a 8erry stop #here is an officer dra#led's #ritten reports dra#led
indicates that Coughlin told officer dra#led he did not ha&e authority to conduct a 8erry stop to the e4tent that
Coughlin's le&el of compliance or cooperation became the %ey issue here it is of !elye importance #hether or
not Coughlin responded to the officer's 7uestion by telling him he didn't ha&e authority to do something or
#hether Coughlin responded in more supplicating conciliatory manner by in7uiring #ith the officer as to
#hether or not gi&en the specific circumstances at hand the officer had 7uote authority to do a 8erry stopB(
+erhaps #hen officer dra#led is under oath he gets a little bit more careful in describing things that he does
#hen he's $ust #riting police reports #herein his probable cause analysis is re&ie#ed by a magistrate and
#here such reports presumably are not #ritten under of or it similarly attested to(,(
!tate: so did he ans#er your 7uestion are incurring about #hether he had a phone'
2uralde: no he did not(
!tate: #hat #as <r( Coughlin's general demeanor or le&el of cooperati&e #itness #ith you during this
in&estigation'
2uralde he #as confrontational
state o%ay( 2id you ad&ise <r( Coughlin that you #ere conducting an in&estigation into a possible theft of a
phone'
2uralde's yes
state: at any time did he in fact tell you that he had someone else's gun
2uralde no
state: #hat happened at that point'
2uralde <r( Coughlin according to <i%e training and e4perience #hen someone is uncooperati&e or
confrontational #hen spea%ing #ith them there is a possibility that &erbal on cooperation could turn into
physical alteration or physical on cooperation
-eslie and good ob$ect lac% of foundation
state he said based upon his training e4perience ) thin% it's all the foundation needs
-eslie that the conclusory statement ) don't thin% any foundations been laid for him
$udge you mean in terms of any specific training
-eslie all he said is based upon my training people don't cooperate your ans#er 7uestions could be
dangerous there's no foundation for that conclusion he said it but that doesn't mean there's any foundation as
$udge ) #ill sustain it #ithout more as to #hat specific training #as it he learned that
state sure o%ay and so in additional to that )'ll as% you about #hat training you learn that in it there is also been
prior instances in your e4perience #here noncooperation or confrontation on the front and has turned and him
is entered as #eapons
him rele&ance
state <r( -eslie once %no#n foundation is because foundation
-eslie is different 7uestion
$udge as ) understand it also sustains the second rele&ancy ob$ection but as to the first ) thin% if there #as cific
any had then it #ould pro&ide the foundation
state o%ay officers there is anything specific
tal%ing a specific class but it #ould'&e been through the time ) spent #ith the training officer #here they ha&e to
ta%e someone #ho basically has gone through life #ondering to trust people and learn us or teachers had it be
more s%eptical to %eep us another safe
$udge ) #ill allo# the testimony that #as pre&iously ob$ected to
say than% you and so in addition to your basically training and e4perience can you go ahead and finish your
pre&ious testimony'
8al%ing #hile based on <r( Coughlin's demeanor he #as also #earing close #hich #ere loose enough to
conceal a #eapon ) completed a patdo#n search for #eapons on <r( Coughlin
state o%ay this #as $ust shy of midnight correct
- 166/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2uralde yes
state tinues e4plained #hat the lighting #as li%e at that specific location
2uralde the lighting #as #hat there's a lot of lighting there many streetlights
state ho# many people #ere on scene #hen you arri&e their ballpar%
2uralde bet#een eight and 12
!tate that includes <r( Coughlin
2uralde yes
state and specifically you #ere tal%ing about #hat dispatch had ad&ised and ) may ha&e missed it but #hy
#ere you responding to this area per dispatch
2uralde at first they said it might be a disturbance possibly a fight and then they gi&e us updated information
that a larceny had possibly occurred(
state o%ay and so first call that came in ad&ised that it #as possibly a fight'
2uralde: yes
11:3F:F A<
*Here's a transcript of the 911 call by Cory Goble made August 20, 2011 at 11:22:0 pm:
911 dispatcher !cott "eese: 911 #hat is your emergency
Goble: hi this guy $ust told my phone he's right here he's li%e getting super aggressi&e #e are do#nto#n right
by the ice rin% and #e ha&e been standing here he's not gi&ing it bac%
"eese o%ay so someone stole your cell phone'
Goble yes he is right here and he #ill not gi&e it bac% to us this is gi&en as a bunch of trouble
"eese ho# did he end up #ith your cell phone'
Goble: and he's trying to get a#ay, no that's it, and he's trying to get a#ay too(
"eese: ho# did he end up #ith your cell phone'
Goble: my phone #as sitting on the on the ledge and ) #as s%ateboarding and stuff and he $ust pic%ed it up
e&eryone sa# him pic%ing up #e $ust called it #e are *the call records indicate a call #as made to the i+hone
at 11:21 pm, so, e&en if it did light up, Goble is again lying to the 911 operator by alleging #as presently
seeing it light up during the call, seeing it light up in his poc%et and he #ill gi&e it bac%
Austin -ichty in the bac%ground: gi&en the fuc%ing phone bac% is that your dog
Coughlin in the bac%ground: you $ust assaulted me.
/0C guy is that your dog' ) touch your bi%e
Coughlin yes that is called assault
/0C guy it's on the side#al%
Goble can you send someone do#n here'
"eese o%ay #ere getting information #hat is the race of the suspect #hite blac% or Asian'
Goble he is #hy him he has a red Chicago hat on #e are at first reading center and he is trying to get a#ay
from us to
"eese are you a 0irst and Center or 0irst and 1irginia'
Goble first in center for cop comes right no# #e #ill #ai&e him do#n( 2ude, $ust gi&e me my phone( )t is in his
poc%et $ust get it out(( )'m about to grab it out of his poc%et(
"eese: about ho# old is the suspect'
Goble #hat's that' ) am tal%ing to the cops right no#(
"eese about ho# old is the suspect'
Goble ) dont %no# about 3(
"eese that ho# tall is he
Goble he's li%e maybe about si4 to ) don't %no#
"eese about ho# much does he #eigh appro4imately
Goble: about 210
"eese: #hat color hair does he ha&e
Goble 5ro#n
"eese: does he ha&e any facial hair
Goble no
"eese: #hat color shirt does he ha&e on'
*1:60 mar% on 911 call,
Austin Lichty: give us the phone faggot.
- 167/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Goble's li%e #hite or yello# ) can tell right no# #e ha&e them right here
"eese #hat color pants does he ha&e on
Goble plaid shorts
"eese does anybody ha&e any #eapons
Goble no ) don't thin% so he $ust has a bi%e #ith a chain on it(
Austin -ichty: the chain bro%e
"eese he has a pipe #ith a chain on it'
Goble %no# he's got a bi%e #ith the chain and he's $ust getting super aggressi&e #ith as he grabbed my phone
and he's right here and he #ill not gi&e it bac% to us( 2ude $ust grab my phone ) s#ear it's right there in his
poc%et, dude(
* at the 2:19 mar% of the audio for this 911 call,
Coughlin: if you reach into my pocket I guarantee you I will sue you
Goble give me my phone back what is the big deal
Coughlin son son don't put your phone down on the ground
Goble: I'm not your son
Coughlin: and then skateboard a mile away him
Goble: you are !ust admitting you stole it" #screaming$ I was right here my fucking %eep was right here
my %eep is right there give me my phone back" Give me my phone back"
"eese: #hat's your last name' (((("hat's your last name'
#e s#itch her last name
*Coughlin can hardly be said to be attempting to hide anything from Goble gi&en the e4change abo&e #herein
Coughlin broaches the possibility that Goble may ha&e said his phone do#n and abandoned or mislaid it and
therefore e&en though the larcenous intent must be concomitant #ith the finding or recei&ing or the initial
possessing of any such property and e&en though any subse7uently e&ol&e larcenous intent is rele&ant
Coughlin statements in this 911 call for the repeal a lac% of an intent to mislead or decei&e or other#ise e&ents
of larcenous moti&e to#ards Goble or anyone else( 8here could be a great deal reasons #hy one may not
#eigh their fourth amendment rights that do not in&ol&e the larcenous intent( )ndeed $ust ta%ing a 7uic% loo% at
the police misconduct and prosecutorial retaliation that has occurred in this case pro&ide all the reasoning one
#ould e&er need to refuse to #ai&e their fourth amendment or fit,(
11:3F:9 A<
state: and then you stated you did a patdo#n search can you describe #hat that is and specific to <r(
Coughlin ho# you conducted that him(
2uralde: for a patdo#n search and #e are basically chec%ing someone's person to ma%e sure that no
#eapons are concealed in their clothing ) don't recall ho# e4actly ) #ent through the #hole search but they
teach as to methodically chec% o&erlapping areas so #e don't miss anything ) recall ) chec%ed <r( Coughlin's
right side he had a phone in his front shorts poc%et
-eslie and an ob$ect to testimony that if had a phone ) thin% the officer is trying improper conclusion
$udge all sustained the ob$ection you can describe #hat you felt
2uralde ) felt an ob$ect that ) belie&e to be a phone
-eslie ) ob$ect again he can describe #hat he felt but not his conclusions
$udge ) #as sustained the ob$ection agains( !ir, and you can describe #hat you felt in minute they tell if you
#ish to but your conclusion at this point the ob$ection to it #ill be sustained
tal%ing ) don't recall him minute detail outside of my conclusion
state o%ay that's o%ay
$udge to recall the shape
2uralde no ) can't say that ) do
state to recall #hile you are conducting this patdo#n #hat if anything <r( Coughlin said of or yelled'
11:60:06 am
*Here again -eslie failed to ob$ect to 22A young leading the #itness #ith 7uestions here young is clearly
see%ing to elicit testimony from 2uralde to the effect that Coughlin #as yelling and therefore noncompliant and
therefore uncooperati&e and therefore patdo#n #as $ustified in light of Coughlin's purported demeanor,(
- 168/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2uralde as ) #as continuing #ith the patdo#n and ) got to <r( Coughlin's left front shorts poc%et he began
yelling something along the lines of ) #as inappropriately touching his penis
state #here you
2uralde: no
state: at this point time up to the point you testified no# at anytime did you reach her hand and poc%ets of <r(
Coughlin
2uralde no
stay and ) should as% this to the shorts ha&e poc%ets
2uralde yes
state and and you are describing %ind of a search for #eapons
2uralde yes
state you are familiar #ith the search incident to arrest
2uralde yes
state #hich is a thorough search
2uralde yes
state your patdo#n searches you described it ho# intrusi&e is that compared a search #ithin it arrest
2uralde a search incident to arrest #hom #e #ould put our hands summons poc%ets ta%e all the items out
basically #e are loo%ing for any contraband or illegal items do#n to in the past ha&e had searches #eren't
located a grain of methamphetamine that #eighed a 100th of a gram
11:61:30 am
state o%ay and that's #hat you tal%ed about in a certain incidents in to arrest
2uralde yes
state: and #hat )'m trying to ascertain is $ust ho# intrusi&e as compared to one of those searches incident to
arrest #as your patdo#n search of <r( Coughlin'
2uralde: ) #ould say not intrusi&e
state and #hy can you e4plain e4actly #hat it is ) %no# you said you're searching for #eapons but #hat
specifically are you doing
2uralde #e touched the outside of the clothing
11:62:1 am((((
*-eslie further completely failed to preser&e for appeal arguments related to the e4tent to #hich the search
incident to arrest done in this case e4ceeded the scope allo#able under the la#: he search incident to arrest
doctrine is another e4ception to the general re7uirement that police obtain a #arrant before conducting a
search( 8he purpose of this e4ception is to protect the officer by locating and seiAing any #eapons the person
has and to pre&ent the destruction of any e&idence on the person( 8hus, if an arrest is &alid, officers may
conduct a #arrantless search of the arrestee and the area and ob$ects in close pro4imity G i(e( the Hgrab areaI
G at about the same time as the arrest(
8here arenJt many cases considering #hether officers can search the data stored on phones *or laptops, as a
search incident to arrest, and the rulings #e ha&e go both #ays( Gi&en the rationale behind the search
incident to arrest e4ception, courts ha&e generally loo%ed to the &olatility of the data to see #hether thereJs a
threat of spoliation of e&idence, #hich is clearly not an issue #ith the i+hone location log #hich stores
information for a year( Ho#e&er, the most recent case on the issue, from the California !upreme Court earlier
this year, too% a different approach( 8hat Court ruled in +eople &( 2iaA that police didnJt need any e4igency to
search te4t messages incident to arrest because searching data on the phone is the same as searching the
arrested person and thus the 0ourth Amendment doesnJt re7uire a threat to officer safety or of e&idence
destruction( *8hat ruling #ill probably be appealed to the federal courts(0inally, e&en #here police are getting
#arrants for cell phone and computer searches, are they are telling the Courts about the %ind of data thatJs
a&ailable' Cnce agents ha&e a #arrant, do they refrain from loo%ing to see #here the suspect has been fi that
information is not rele&ant to the in&estigation of the crime at issue',(
11:62:3 am
!tate: o%ay during the search you feel any #eapons
2uralde no
- 169/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
state: did you reach into <r( Coughlin's poc%ets during a time at this point
doc%et no
!tate: #hat happened after your patdown search
11:69:2 am
2uralde <r( Coughlin began to yell that ) #as inappropriately touching him #as becoming more uncooperati&e
I placed them in handcuffs
state and then #hat happened'
2uralde from there the oth him er officers had arri&ed <r( Coughlin #as left #ith((( "ell, #hen ) got his left
front poc%et, if I can step back, ) felt an ob$ect appro4imately 6 inches long 3 inches #ide and probably about
a half?inch thic% *11:63:32 am, that #as consistent #ith a phone(
state again that #as #hen you got to the left front poc%et of his shorts'
2uralde yes( Him
*0irst off, 2uralde $ust admitted that he conducted in finish the patdo#n search before Coughlin e&en did that
#hich 22A young into 9oldan are pinning their hopes of a finding of noncompliance beha&ior demeanor by
Coughlin upon )D2 purported yelling about officer 2uralde touching Coughlin's penis( !o the patdo#n
occurred before Coughlin allegedly yelled about 2uralde touching his penis( !o #hat is that lea&e the state
#ith t#o support an allegation that Coughlin's demeanor or lac% of cooperation supported the patdo#n from
#hich necessarily all the facts underpinning officer to 9a#ls probable cause finding for the subse7uent !eda
are intimately enter t#ined and cannot be e4tricated' 8he state is left only #ith Coughlin's !ocratic
7uestioning of officer to 2uralde upon his arri&ing #earing Coughlin politely as%s #hether or not the officer has
enough information to support a 8erry stop( 22A young couldn't cut it in a ci&il la# practice en&ironment #ith
this sloppy e4ecution he scre#ed up the biggest moment of the trial and its consistent #ith ho# 22A young
his practice throughout this matter as though he is reading a cross#ord puAAle and barely paying attention
and( =oung has been made laAy by the net he is allo#ed to play #ith should he fall off the high trapeAe,
especially #here solo pri&ate practice attorney such as Coughlin are afforded no such safety net 22A young
#ould not last second in pri&ate practice( His #hining and that of his fello# go&ernment attorney -eslie
throughout these proceedings has been nauseating -eslie moans to the $udge about the constraints the $udge
putting on his #or% in house #as built to practice this and that, and young bags the $udge not allo# Coughlin to
represent himself and their in sub$ect young system actual real competition rather than the "ashington
Generals approach *the team the Globetrotters used to trot out and beat e&ery single game, or B"ee%end at
5ernie'sB stylings of the "ashoe County +ublic defenders office courtesy of @im -eslie( 8here are no
attorneys embarrassing the 5ar more then these public defenders and district attorneys running these chop
shops( "ell #ait a second to be fair bar counsel li%e +atric% C( King are gi&ing them a real run for their money
in that regard( 22A young and officer 2uralde can sit and practice it and coach them up all they #ant but they
couldn't get it right come trial by officer 2uralde #as most indicate that he felt something he belie&ed to be the
phone during the patdo#n search him before he'd had determined that Coughlin did not possess any #eapons
or pose a threat ho#e&er 22A young and officer 2uralde $ust didn't practice enough and they scre#ed it up a
trial and they're stuc% #ith that because clearly #hat happened and #as committed to the record at 11:69:2
am him re&eals that officer 2uralde did not ma%e note of our mention of any such phone or any o&erly specific
recited from Google rope memory dimensions of an i+hone being in coffins *short poc%et prior to the and of
the patdo#n search #here and Coughlin #as left #ith the other t#o officers into 2uralde #ent to as% 7uestions
of Goble(
B!tate: #hat happened after your patdown search
11:69:2 am
2uralde <r( Coughlin began to yell that ) #as inappropriately testing his penis as he #as becoming more
uncooperati&e ) placed them in handcuffs
state and then #hat happened
2uralde from their other officers had arri&ed <r( Coughlin #as left #ith((( "ell, #hen ) got his left front poc%et,
if I can step back, ) felt an ob$ect appro4imately 6 inches long 3 inches #ide and probably about a half?inch
thic% *11:63:32 am, that #as consistent #ith a phone
state again that #as #hen you got to the left front poc%et of his shorts'B
- 170/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2uralde clearly made a mista%e or 0reudian slip there in that he began to indicate that his patdo#n search
#as o&er and <r( Coughlin #as left #ith the other officers 9osa and Ala%sa and that at that point the role the
had either not felt an ob$ect that he belie&ed to be a phone *and its curious that 2uralde has these super
technical specification memories of an ob$ect in the left front shorts poc%et yet can't remember much of
anything about the ob$ect in the right front shorts poc%et especially #here the &ideo of the arrest clearly
re&eals that this s%ateboarder you said yet to indicate #hich poc%et they felt the phone #as then and none of
the 911 tapes so re&eal such information( )t is clear that 2uralde had completed his patdo#n and had
determined that Coughlin did not pose a threat nor did Coughlin ha&e any #eapons and further that 2uralde
did not at that point upon the completion of the patdo#n ha&e any particulariAed suspicion #ith regard to
Coughlin slept front poc%et( )t is especially curious that 2uralde's narrati&e #herein all the penis touching
accusations only first appear con&eniently attempt to tie the penis touching to some alleged screaming or
yelling by Coughlin about such touching and #hile had Coughlin been yelling it might help the states case #ith
respect to establishing that Coughlin had a demeanor that might reasonably yield suspicions to buttress the
patdo#n search the &ideo the rest clearly does not re&eal any such yelling by Coughlin there is ho#e&er the
sound of a #aistband snapping upon Coughlin telling officer dra# buddies a la#yer Coughlin maintains that
that sound of the #aistband #as his o#n #aistband snapping against his s%in upon 2uralde 7uic%ly
#ithdra#ing his hand from #here #as touching Coughlin's penis Coughlin had gained a lot of #eight in the
preceding months to that arrested cut his under#ear #aistband to accommodate his #eight gain and belie&es
that officer dra#led did not mean to touch his penis but that it did happen li%ely as a result of Coughlin cutting
notches and #as under#ear's #aistband icon of the #eight gain associated #ith the emotional toll incident to
the ending of a foreign half?year domestic partnership $ust t#o months prior to this arrest( 8hat is clear from
2uraldes trial testimony( )t is sic%ening the e4tent to #hich officer 2uralde and 22A young are #illing to
commit a fraud upon the court an ruin, or attempt to ruin, an attorney's life> they both should be punished for
this,(
11:63:E am
state o%ay go on
2uralde: !o, then, <r( Coughlin #as left #ith the other officers on the scene and I made contact with the
victim(
*8herein officer 2uralde admits that he only first made contact #ith them, Cory Goble after the patdo#n search
thereby lea&ing officer dra#led stuc% #ith #hat the &ideo and audio to arrest appeal that only statements such
as :athaniel Larate's brief ) sa# #hat happened, and are &aluable to officer 2uralde to buttress his assertions
&is?M?&is the patdo#n reasonable suspicion therefore and assertions of interest in the probable cause re7uired
to support it(,
!tate: do you recall the &ictims name'
2uralde ) recall his lasting, Larate
state o%ay
2uralde ) as%ed him #hat occurred((( )n summary he told me that his phone and been ta%en(((
-eslie: ob$ection hearsay
11:66:32 am
state: it's not hearsay because it goes in effect on the hearer #ith respect to this motion to suppress(
@udge: )'ll o&errule this ob$ection it's not admitted for purposes of pro&ing the truth of the matter asserted
-eslie =our Honor and also the $ury based on rele&ance attac%ing the patdo#n this is not germane to the
patdo#n this is broader in&estigations is not rele&ant
$udge see her ob$ecting that there #as a patdo#n
-eslie #e are attac%ing in her motion to suppress the &alidity of the patdo#n search this testimony no# about
his discussions #ith #itnesses part of his broader in&estigation #hich is not rele&ant as to #hether or not he
#as $ustified in patting do#n Coughlin at an earlier stage
$udge ) agree #ith that but the patdo#n did not result in a search if ) understood it correctly
*22A young demonstrates another instance of his e4treme lac% of candor to the tribunal here #here he
argues for hearsay e4ception and mentioned specifically that it's sought only in this motion to suppress
hearing only to go on sic% to copy and paste such testimony and e&idence during the trial for the purpose of
- 171/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
pro&ing the truth of the matter asserted( 22A =oung is a croo% plain and simple( He is :e&ada's :orman
:ifong( :e&ermind the fact that the alleged &ictim here is actually Goble, not Larate(((22A young did this
continually throughout the motion to suppress and into the trial he #ould attempt to 2ragon testimony from the
motion to suppress hearing into the trial #here pre&iously he had argued that such testimony should be
allo#ed only during the motion to suppress hearing in light of the fact that it #as $ust the motion suppress
hearing and not the trial itself( Cnce the trial began of course G2) 22A young been sought to ha&e e&erything
that #as testified to in the motion to suppress hearing copied in case of gender the trial despite his earlier
contentions that such testimony #as allo#able in light of its limited purpose #ithin the conte4t of only the
motion to suppress heari tech ng(,(
As a general rule, the courts ha&e held that a police officer may Btestify about statements made by others,
such as &ictims or #itnesses, #hen such testimony is not offered to pro&e the truth of the matter asserted, but
is instead used to sho# the in&estigati&e steps ta%en by the officer leading to the defendant's arrest(B +eople
&( +ulliam, 1FE )ll(2d 2E1, 2F6 *199F,(

BAlthough a police officer may reconstruct the steps ta%en in a crime's in&estigation and may describe the
e&ents leading up to the defendant's arrest #here such testimony is necessary and important to fully e4plain
the state's case to the $ury, there is a distinction bet#een an officer testifying to the fact that he spo%e to a
#itness #ithout disclosing the contents of that con&ersation and an officer testifying to the contents of the
con&ersation( /nder the in&estigatory procedure e4ception, the officer's testimony must be limited to sho#
ho# the in&estigation #as conducted, not to place into e&idence the substance of any out?of?court statement
or con&ersations for the purpose of establishing the truth of their contents(
B8he police officer should not testify to the contents of the con&ersation, since such testimony is
inadmissible hearsay(B +eople &( 8rotter, 26 )ll(App(3d 16, 2F *1993, *citations omitted, *emphasis added,(
0rossard begins by conceding that the prosecution needed to e4plain #hy four police officers happened to
con&erge on an alley( Ho#e&er, she a&ers that the state merely needed to demonstrate that these on?duty
officers recei&ed a radio call that caused them to come to that alley( +eriod(
)nstead, 0itAgerald testified that the radio call #as for a Bman #ith a gunB and that the call identified
the suspect as a Bmale, #hite, #ith a tattoo #ith a teardrop on his faceB and, o&er a sustained ob$ection, that
he sa# a person in the alley matching this description( <atthe#s li%e#ise testified concerning the Bman #ith a
gunB radio call but added that the description #as Bmale, #hite, appro4imately E feet tall(B 8his #as in large
part repeated by 5arsch in his testimony(
)n addition, the Appellate Court noted that the state both in its opening statement and closing
argument relied on the substance of these statements to pro&e that @ura indeed matched the hearsay
description of the man #ith a gun(
)n re$ecting the state's argument that it properly follo#ed the Bpolice in&estigationB e4ception, 0rossard
pointedly noted:
B"e emphasiAe that #e could accept the state's argument that it used the hearsay merely to e4plain
the in&estigation underta%en by the police had the state not elicited the hearsay repeatedly through the
testimony of not one, but three #itnesses> relied upon the hearsay in opening statement> relied upon the
hearsay in closing argument> and repeated the 'fact' the hearsay description matched the defendant although
the trial $udge had sustained ob$ection to this 7uestion and that 'fact' #as not in e&idence( 8he record
demonstrates the hearsay #as used as substanti&e e&idence to pro&e defendant guilty(B At 9FF(
8he opinion #ent on to find that the error #as sufficiently pre$udicial to merit a ne# trial(
"hat ma%es @ura a particularly good case for criminal attorneys and $udges to Bclip and sa&eB is 0rossard's
conclusion in #hich she disappro&ingly notes ho# often this issue continues to crop up in )llinois criminal trials(
!he notes that this is true despite the fact that )llinois courts ha&e repeatedly set out the applicable legal
principles surrounding this issue *citing +eople &( "arlic%, 302 )ll(App(3d 9 *199;,, and ha&e repeatedly
condemned this type of hearsay in the past *citing +eople &( !ingletary, 2F3 )ll(App(3d 10FE, 10;; *199,
*Dgan, @(, specially concurring,(

!he stressed that at retrial the officers could properly testify that a citiAen complaint had been recei&ed and
acted upon, but should not relate the substance of the radio call regarding the citiAen's complaint(

- 172/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)llinois, of course, is not alone in e4periencing these problems( @udge Charles <oylan memorably described
the prosecution's belief that it al#ays had the right to tell the $ury e&ery detail that occurred in the course of a
criminal in&estigation as nothing more than an old #i&es' tale(

He #ent on to succinctly refute the idea that e&ery e&ent in the course of a criminal in&estigation must
necessarily be rele&ant and admissible e&idence( :9! 1(03 defines hearsay as Ha statement offered in
e&idence to pro&e the truth of the matter asserted(I N:9! 1(06 defines a statement as an Horal or #ritten
assertion> Oor PnQon&erbal conduct of a person, if it is intended by him as an assertion(I
2efense attorneys need to ha&e @ura and Lemo ready to use #hen police testimony crosses o&er into
pre$udicial hearsay( -eslie failed to do this at the Hearing on the <otion to !uppress, then, amaAingly, failed
to ob$ect to =oung's attempt to con&ice the court to allo# him to copy and paste all the hearsay testimony by
Cfficer 2uralde at that Hearing into the 8rial( 9amireA &( !tate, 116 :e&( 0, F?;, 9; +(2d F26, F29
*199;,( <alpractice, #hich, #hen #hen coupled #ith -eslie's other beha&e here incident to his representation
Coughlin clearly re&eals a pattern misconduct of the professional &ariety #ord him of at least him and him 2
days in $ail censure the contempt and li%ely and !tate 5ar of :e&ada complaint against him( @udges in this
$urisdiction #ill #ant to be especially careful before e&er endorsing @im -eslie so thoroughly as @udge
!ferraAAa did in this matter in his repeated in coerci&e remonstrances to Coughlin throughout the trial hearing
on the motion to suppress #hich contains se&eral aside by -eslie to Coughlin in #hich -eslie told Coughlin
@udge !ferraAAa #ould thro# him in $ail for contempt if Coughlin didn't beha&e more in a manner in line #ith
#hat -eslie #ish to see out of Coughlin, ie, not 7uestioning any of -eslie's decisions or as%ing too many
7uestions and general or other#ise see%ing to ha&e the guarantees of the !i4th Amendment realiAed(
9amireA &( !tate, 116 :e&( 0, F?;, 9; +(2d F26, F29 *199;,(
11:66:32 am
state: it's not hearsay because it goes in effect on the hearer #ith respect to this motion to suppress(
@udge: )'ll o&errule this ob$ection it's not admitted for purposes of pro&ing the truth of the matter asserted
-eslie =our Honor and also the $ury based on rele&ance attac%ing the patdo#n this is not germane to the
patdo#n this is broader in&estigations is not rele&ant
$udge see her ob$ecting that there #as a patdo#n
-eslie: #e are attac%ing in our motion to suppress the & alidity of the pat down search this testimony no#
about his discussions #ith #itnesses part of his broader in&estigation #hich is not rele&ant as to #hether or
not he #as $ustified in patting do#n Coughlin at an earlier stage
$udge ) agree #ith that, but the pat do#n did not result in a search if ) understood it correctly
11:6:26 am
-eslie: ) ha&e stated my ob$ection,
*8herein abo&e -eslie demonstrates his profoundly shallo# grasp of the sub$ect matter place in all his or rather
Coughlin's eggs into one bas%et and that he is only attac%ing the patdo#n search in -eslie's mind rather than
ta%ing a multi pronged approach #here should the patdo#n search be thro#n out -eslie #ould still be
prepared to rebut the state's contention that probable cause e4isted conduct a search incident to arrest further
-eslie clearly had no authority legal or other#ise ready to support any argument he may ma%e that information
gleaned from the patdo#n is necessarily intert#ined #ith the probable cause analysis and that there #as no
ine&itable disco&ery to be made gi&en that a crime had not been committed the elements of any suggested
crimes clearly #ere not supported by articulable facts and officer 2uraldes $ust plain $ump the gun in our hurry
to sho# up the attorney in front of the teenagers and only later after the fact fraudulently attempted to piece
together some sort prete4tual bases for his actions and to support his specious probable cause or reasonable
suspicion contention failing to mention his retaliatory BHo#'s that'B commentary or that of his partner Cfficer
9osa but perhaps most disgusting of all is -eslie's flippant insulin commentary to $udge !ferraAAa that he had
stated his ob$ection upon $udge !ferraAAa seemingly attempted to point out to -eslie that the patdo#n search
and the &alidity thereof #as not the only hurdle this criminal defendant might face and that the sufficiency of
the probable cause analysis in connection #ith a search incident to arrest #as also necessarily going to be a
banner of contentious debate hearing that is if @im -eslie could be bothered to respond to $udge !ferraAAa's
prompting #hich clearly he could not rather @im -eslie indicated that he had stated his ob$ection and offer no
more ad&ocacy in that regard(,
- 173/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!tate: =our Honor the motion to suppress also attac%s the +lain 0eel doctrine tal%ing about the reaching in to
the phone this goes directly to that part of the motion to suppress
$udge: 8he reaching into the phone #as subse7uent to the pat do#n, #asn't it' ) mean it #as not a part of the
pat do#n, correct'
state: #ell that's #hat )'m attempting to sho# to the court heard testimony
$udge I am good overrule the ob!ection because I'm not clear that I understand the facts of this case
&&:'(:() am
*!ince #hen is a trier of facts desire to Bunderstand the facts of this caseB a rationale for &itiating all the
e&identiary area protections afforded criminal defendants such as rele&ancy and hearsay ob$ections',
(((11:6E:69 am
state it #as actually t#o indi&iduals that you spo%e #ith correct(
2uralde yes
state again at this $uncture the alleged &ictim #ho #as that
2uraldes Cory Goble
state and then there #as another indi&idual you spo%e #ith #ho is that
2uralde his name is lasting #as Larate
11:6F:01 am
state #hen spea%ing #ith <r( Goble #hat #asn't that <r( Goble ad&ised you'
2uralde he ad&ise me that his phone had been ta%en( A friend had seen it being ta%en and pointed the
person out #ho had the phone to him((( He confronted the sub$ect that he identified as <r( Coughlin and as%ed
for his phone bac%,,, he #as told by <r( Coughlin that he didn't ha&e a phone so he called the phone and
#hen he dialed his phone number he sa# the phone's screen(((
-eslie: ) ob$ect again ) ob$ect on hearsay
$udge so ruled again
-eslie #on't %eep doing e&ery time
$udge ) understand ) thin% it goes to the officer's +C possibly the arrest or #hate&er happened #hich ) don't
%no# at this point
-eslie #hy don't ) stated this #ay may ) ha&e a continuing ob$ection the motion to suppress testify as to #hat
#itnesses told him the officer #ho
$udge absolutely
-eslie thin% =our Honor
$udge maybe at some point of the ob$ection #ould be sustained to that's my only concern but at this point )'m
good o&errule the ob$ection because ) don't li&e is offered for the truth of the testimony
state thin% you
*Cfficer 2uralde's testimony here as to the hearsay he #as told by Goble differs from both Goble and Larate's
account there is ne&er been one clear consistent narrati&e as to #ho made the phone call to the phone Goble
purported to be his good form Goble that the phone #as missing #ho actually sa# Coughlin allegedly recei&ed
the phone #ho #as there to see the phone line of #ho made the call to the phone that made it light up and to
be clear throughout all this time there is ne&er been any indication that the phone lit up more than one time in
response to one phone call( Ho#e&er the call records that Coughlin finally managed to coerce the public
defender's office into subpoenaing demonstrate that goals phone had an incoming call at 11:21 +< and 11:2E
+< and they Goble's first 911 call occurred at 1122( 8his is strange in that Larate #ent on to testify later in the
day on August 29, 2012 during the trial, because -eslie refused to call him during a motion to suppress, that
he called his friend Cory's phone shortly after the man #ith a si4pac% held it aloft for the purpose going to
Larate of determining #hether or not it #as one of his friends found that #as missing from being held aloft(
And #hile Larate inmate city #as on the other end of his closet he also at that time he also #ent on to testify
that he #as able to personally ) #itness the phone might not go off so gorgeous some testimony its goal
ma%ing that call 1121 to Goble actually said he #as seen it light up 11(2 on the 911 call and then depending
upon #hich &ersion you read from Larate either or Larate could remember #ho made the call for /0C guy told
Cory Goebel about it or Larate told Cory Goebel but his phone and nobody can seem to illustrate story at all
Larate made the call 1121, and perhaps that is because the straight story #ould ma%e go #ill loo% a bit
negligent and careless perhaps to the e4tent that he #ould be deemed to ha&e abandoned his i+hone by
setting the do#n the concrete i(e( not on a ledge as allegedly imply some more care or some intent to place it
- 174/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
some#here other than in the most random danger spot to lea&e a smart phone i(e( on the concrete the s%ate
+laAa near midnight in do#nto#n 9eno during a period of 1R on employment the last four years and then to
#al% off across the s%ate +ar% all the #ay to the other side of it to s%ateboard in our hangout #ith friends and
or do something else in one's @eep(,(
11:6;:62 pm
state officer you are stating that <r( Goble ad&ised you that(((he(((#hen he(((sssss((uh(( from someone's phone
his number #as called and ) belie&e #hen your testimony ended for the ob$ection he's screen light up that
Greg
tal%ie yes
state to tell you #here he sa# the screen light up
2uralde he said he sa# the screen light in <r( Coughlin's left short poc%et
*8here abo&e 22A young re&eals his understanding of the e4tent to #hich the stories of Goble and Larate in
the state and Cfc( 2uralde are so clearly conflicting and flimsy and young trips o&er the point at #hich he
needs to assign a pronoun #ere specifically identify #ho made that call at 11:21 +< and 22A young manages
to fumble is #ay throughout actually demonstrating any candidate to the court in that regard i(e( not re&ealing
behind this curtain of hearsay testimony that is being offered to pro&e the truth of the matter certain $ust #ho or
#hat #as doing #hat in that hearsay testimony( 8his trial became ridiculous #ith all the different layers of
smo%e and shado#s being thro#n at the truth complemented by -eslie's fraudulent abuse of the si4th
amendment and 22A young professional misconduct in pursuing charges not based or supported by probable
cause and #here he failed to sufficiently identify the particulariAed &ersion of facts supporting each element of
the charges in his complaint( 0urther Cfc( 2uralde really ha&e a lot of gall here to come into court and under
of testify that Cory Goble said he sa# the phone might ha&e been <r( Coughlin's *short poc%et and failed to
re&eal #hat he has to %no# by this point is captured on &ideo and audio i(e( the arrest and the commentary
one can clearly hear in the bac%ground e&en #here one can't hear any &ibrating i+hone, that Cory Goebel
could be heard telling Cfc( 2uralde something to the effect and maybe Coughlin Bs#itched the phone to the
right if it's not in there thenB( 9egardless it's pretty implausible for officer to 9aleigh to assert that he has no
recollection of the shaper dimensions of the ob$ect recall right front poc%et yet $ust so happen to remember the
length #idth and height in inches commiserate #ith a Google search of an i+hone specifications #ith regard to
his recollections of #hat he felt and Coughlin left front shorts poc%et,(
11:69:09 pm
!tate: at that point, as part of your in&estigation, again I'm not having you get into details but did you didn't
spea% to <r( Larate
state yes
*8herein 22A young is doing another one of his patented tric%s #here he is trying to slice e&ery ounce of
rights out of this process that any criminal defendant might ha&e in their 22A =oung continues to see% to elicit
testimony offered to pro&e( 8he matter asserted #hich is clearly inadmissible hearsay under 9amireA &( !tate,
etc( #hen 22A young says )'m not ha&ing you get into details #hat is really sayin that he's trying to strip as
many rights a#ay from a criminal defendant as possible #hile listening hearsay testimony offered for the
purpose of pro&ing the truth of the matter asserted #as also see%ing to a&oid the introduction into the record of
any e4culpatory material #hich by the #ay 22A young is re7uired to sell introduce, or at least propound(
22A young is fond of saying he does things to B%eep the record cleanB and here #hen he and his ma%e sure
to issue the copy out that )'m not ha&ing you get into details #hat is trying to do is pre&ent this clearly
impermissible introduction of hearsay testimony into the record #eather here as 22A young says solely for
the motion to suppress hearing or later #here 22A young unabashedly see%s to copy and paste it into the
trials record( Ho#e&er 22A young got all that he needed and right here e&en though he had use inadmissible
hearsay to do it so his mincing attempts later to claim that she didn't ha&e any of these #itnesses gi&ing
details #ill be una&ailing particularly #here 22A young sought to ha&e been a&oid getting into any details to
the e4tent that any of the is details necessarily #ere terrible for the stage case and e4culpatory and re&ealed
the fraudulent acts of Larate Goebel and Cfc( 2uralde,(
- 175/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11:69:1F am
state to the obtain after spea%ing #ith <r( Goble's did you obtain <r( Goble cell phone number
2uralde yes
state and then did you call that number
2uralde yes
state and can you tell the court #hat happened'
2uralde ) mo&e ne4t to <r( Coughlin ) doubt <r( Goble cell phone number ) could hear a &ibrating noise
consistent #ith a &ibrating cell phone #hen it's called ) then placed the bac% of my hand to the outside of <r(
Coughlin's left front shorts poc%et and felt presumably <r( Goble's phone that ) #as calling &ibrating in <r(
Coughlin's left front shorts poc%et
state o%ay and did you ultimately terminate the call
2uralde yes
state and #hat happened #ith respect to the &ibration that she felt and heard
2uralde #hen ) ended the call from my phone the &ibration stop @uly date #ere you able to feel that
2uralde yes
see #ere you li%e#ise able to feel that
tal%ing yes
stay in and at that point #here did you to
2uralde ha&e that going so ) ha&e probable cause that <r( Coughlin #as in possession <r( Goble phone in
<r( Coughlin #as placed in handcuffs and searched incident to arrest
state #ell ) mean placed in handcuffs to arrest <r( Coughlin at the time'
!tate actually he was already in handcuffs of the time he was placed under arrest.
state o%ay, and perhaps thats a better 7uestion(((( !o you are arresting him at that point
2uralde yes
state at #hat point #as he placed in handcuffs
2uralde He arrest them at that point
2uralde he #as placed in handcuffs at the point #hen he indicated that ) #as inappropriately touching him(
11:1:1F am
state o%ay at the point that you placed <r( Coughlin under arrest as you $ust referred to at any time prior had
you put your hand inside <r( Coughlin's poc%ets'
2uralde no
state o%ay at that point is
2uralde yes
state #hy
2uralde to retrie&e the phone along #ith completing the search incident to arrest
state o%ay as her protocol a surety testified to
state yes
11:1:6 am((((
11:2:20 am
state this phone that you are co&ered for <r( Coughlin's poc%et did you confirm that #as <r( Goble's phone
don't yes
state and ho# did you do that
2uralde ) recall <r( Goble describing
-eslie: ) am going to ob$ect again as the court indicated that some ob$ections may be &alid at this point the
testimony is that the defendant has been placed under arrest and search incident to arrest ob$ect any further
hearsay testimony
state that's fine( Him him him him
$udge ) #ill sustain the ob$ection
*"hat is curious #ith regard to the abo&e e4changes that @im -eslie is doing yet another thing #hich appears
to be protecting the 9eno +2 and the 2istrict Attorney's Cffice #hile currying fa&or for the #ash cycle fenders
office not he's $umping in to pre&ent officer to 9aleigh from re&ealing the e4tent to #hich may ha&e &iolated the
fourth amendment and searching a smart phone #ithout a #arrant(
- 176/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Courts 2isallo#ing !mart?phone !earches )ncident to Arrest )n 2009, the !upreme Court of Chio
issued the most clear?cut case holding that a search of a smartphone incident to an arrest is unreasonable
under the 0ourth Amendment(3 )n !tate &( !mith, the court held that because a smart?phone allo#s for high?
speed )nternet access and is capable of storing Htremendous amounts of pri&ate data,I it is unli%e other
containers for the purposes of 0ourth Amendment analysis(3E 5ecause of the large amount of personal
information in a modern cell phone, its user has a high e4pectation of pri&acy in its contents> accordingly,
HPoQnce the cell phone is in police custody, the state has satisfied its immediate interest in collecting and
preser&ing e&idence and ( ( ( must then obtain a #arrant before intruding into the phoneJs contents(I3F A
minority of other courts has reached the same result(3; phone users #ill carry smartphones(29 8he /( !(
!upreme Court recently obser&ed: HCell phone and te4t message communications are so per&asi&e that some
persons may consider them to be essential means or necessary instruments for self?e4pression, e&en self?
identification(I30 )s it reasonable to allo# police officers to rummage through a citiAenJs personal data simply
because he has been arrested and happens to ha&e his smartphone in his poc%et at the time of his arrest'
8he issue #ill face more and more courts( !o far, cases ha&e come do#n on both sides( Applying AriAona &(
Gant to !martphone !earches Although a case in&ol&ing the search of a smartphone incident to an arrest has
not yet made it to the /( !( !upreme Court, it seems li%ely the Court might apply to such searches the same
rule recently articulated for searches of occupants of automobiles incident to an arrest(39 +rior to 2009, the /(
!( !upreme Court, in :e# =or% &( 5elton,60 dre# a Hbright?lineI around the interior compartment of a car,
holding that if an occupant of a car #as arrested, the passenger compartment of the car could be searched
incident to that arrest, #hether or not the arrestee #as still #ithin lunging distance of the car, and regardless of
the type of crime for #hich the sub$ect #as being arrested( )t #as a simple rule, easy to apply on the street
and in the courtroom( )n AriAona &( Gant,61 the Court rescinded that particular bright?line, holding that #hen
an occupant of an automobile has been arrested, his car cannot be searched if he is no longer in a position to
grab something in the car, #ith the only e4ception being that #hen officers ha&e reason to belie&e that
e&idence of the specific crime for #hich they arrested him might be in the car, they can search it for e&idence
related to the arrest( 8he Court in Gant e4plained its reasoning for scaling bac% the scope of a search of a car
incident to arrest: )t is particularly significant that 5elton searches authoriAe police officers to search not $ust
the passenger compartment but e&ery purse, briefcase, or other container #ithin that space( A rule that gi&es
police the po#er to conduct such a search #hene&er an indi&idual is caught committing a traffic offense, #hen
there is no basis for belie&ing e&idence of the offense might be found in the &ehicle, creates a serious and
recurring threat to the pri&acy of countless indi&iduals(62 Certainly, the threat of police officers rummaging
through the contents of a cell phone belonging to a person #ho has merely committed a traffic offense is $ust
as serious a threat to pri&acy as rummaging through the contents of a car( 8he Gant He&idence?related?
tocrime?of?arrestI analysis pro&ides a #or%able frame#or% to apply to searches of smartphones incident to
arrest(63 /sing an ob$ecti&e standard, if the officers ha&e reasonable grounds to suspect that e&idence of the
crime for #hich they $ust arrested the indi&idual might be in the phone, they could search it #ithout a #arrant(
Cther#ise, the phoneJs contents #ould be off limits unless a $udge found that probable cause e4isted for the
issuance of a search #arrant to e4amine the contents of the phone, or unless one of the other traditional
e4ceptions to the search #arrant re7uirement applied( Cther possible e4ceptions potentially applicable to
#arrantless searches of cell phones include e4igent circumstances,66 the automobile e4ception,6 the
in&entory e4ception,6E Hthe ine&itable?disco&ery doctrine,I6F plain &ie#,6; and consent(69 3 !tate &( !mith,
920 :(D(2d 969 *Chio 2009,( 3E )d( at 96( 3F )d( at 9( 3; !ee note E( 39 !ee 5en D( !te#art, :ote, Cell
+hone !earches )ncident to Arrest: A :e# !tandard 5ased on AriAona &( Gant, 99 Ky( -(@( F9 *2011,>
Gersho#itA, note 36 at 116> @ustin <( "olcott, Comment, Are !martphones -i%e 60 S @ournal of the
<)!!C/9) 5A9 0ootloc%ers or Crumpled /p Cigarette +ac%ages' Applying the !earch )ncident to Arrest
2octrine to !martphones in !outh Carolina Courts, E1 !(C( -( 9e&( ;63, ;E6 *2010,> <ar% -( <aya%is,
Comment, Cell +hone T A H"eaponI of <ass 2iscretion, 33 Campbell -( 9e&( 11, 1EF?1E; *2010,>
!mall#ood &( !tate, E1 !o(3d 66;, 6E2 *0la( 2ist( Ct( App( 2011,> /nited !tates &( <cGhee, :o( ;:09C931,
2009 "- 2626106 *2( :eb( @uly 21, 2009,( 60 63 /(!( 66 *19;1,( 61 129 !( Ct( 1F10 *2009,( 62 Gant, 129
!( Ct( at 1F20( 63 !ee generally Knott, note 26 at 6E1?6;0( 66 !ee notes to E0 and accompanying te4t( 6
/nited !tates &( Cole, :o( 1:09?C9?612C2D?9G1, 2010 "- 321102F *:(2( Ga( <ay 12, 2010,> /nited !tates
&( @ames, :o( 1:0EC9136 C2+, 200; "- 192032 *D(2( <o( Apr( 29, 200;,> +eople &( :ottoli, 130 Cal( 9ptr(
3d ;;6 *Cal( Ct( App( 2011,> Ha#%ins &( !tate, F06 !(D(2d ;;E *Ga( Ct( App( 2010,( 6E /nited !tates &(
0lores, 122 0(!upp(2d 691 *!(2( :(=( 2000, *in&entory of cell phone contents improper,( 6F /nited !tates &(
Chappell, :o( 09?139, 2010 "- 11316F6 at n( 12 *2( <inn( @an( 12, 2010,> /nited !tates &( 0aller, E;1
0(!upp(2d 102; *D(2( <o( 2010,> /nited !tates &( !antillan, F1 0( !upp(2d 1093 *2( AriA( 200;,> /nited
- 177/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!tates &( <orales?CrtiA, 3FE 0(!upp(2d 1131 *2( :(<( 2006,( 6; /nited !tates &( GomeA, :o( 11?20306C9,
2011 "- 3;610F1 *!(2( 0la( Aug( 31, 2011, *plain &ie# applies to number on caller )2 of ringing phone,>
/nited !tates &( 2a&is, F;F 0(!upp(2d 11E *2( Cr( 2011, *plain &ie# does not $ustify searching contents of
cell phone,(
11:3:12 am
state final 7uestion officer #hen you stated that #hen you #ere dialing <r( Goebel's numbers as someone
pro&ided to you #hen you said that you touched <r( Coughlin in the left short poc%et area to recall that
testimony
2r( yes
state you describe out #as that you chose to
2uralde #ith the bac% of my hand against the outside of the shorts
state o%ay ha&e no further 7uestions =our Honor than% you officer
11:3:3E am
$udge o%ay ho# long #ill you cross' 5ecause normally #ould brea% by no# so
-eslie right ) anticipate that ) #ould not pay the lunch are by much
$udge #ho can a&oid it at all as% of a prior appointment $oy go for min( or bring a
-eslie ) #ould li%e to go as far as #e can
$udge alright #e #ill
-eslie officer dispatcher &irtually informed you that there #as a disturbance a possible fight correct
tal% yes
-eslie enacted that you directed by dispatch that the mission that it #as a larceny correction
tal% yes
-eslie generally spea%ing a reporter to special larceny $ust not al#ays mean it #ill ans#er threats in&ol&ed is
that correct
2uralde that could be the case yes
-eslie &eneer right to use the pre&ie# large group of people some#here bet#een age 12 people
2uralde yes
-eslie most of them #ere younger but teenage and they #ere grouped around the man that she identified us
<r( Coughlin
tal% yes
-eslie <r( Coughlin #as seated on the ground
2uralde he #as seated on a Along the Ctr(, !treet bridge o&er the 8rinity 9i&erabout afoot ha&e 2 feet high
soon along the rails #ere mostly and ho# ho# close to the group of youths'
2uralde sitting ne4t to sourcing ne4t to monorail others #ere standing on the side#al%
most then understand ho# circle around him
2uralde yes
-eslie !ulu surrounded by appro4imately ; to 12 mid teen or young adults
tal% yes
(
the screen #hen you're right there is yelling going on
2uralde ) don't recall
-eslie did the use appear agitated effecti&e one for your to tell them to bac% off to you
2uralde yes
-eslie today appear as to that the man they identified <r( Coughlin
tal% yes #hen -eslie and they #ere surrounding him
tal% yes
-eslie and he #as a seated position many of them #ere standing position
sa%e ) recall <organ seated near that #ere standing that there #ere some that #ere standing yes
-eslie ho# close in pro4imity #here these years young adults to <r( Coughlin
ho# many feet from him ho# many inches
tal%ing the sub$ects that #ere sitting ne4t to him #ere ) #ould say more than E to 10 inches a#ay those #ho
#ere sitting right ne4t to
$udge o%ay sort of brea% this continued at 130 until possibly 630 and if #e need be #ill go beyond that,(((
11:F:3 am !uppression Hearing ;S29S12
- 178/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1:3E:2 pm continuation after lunch brea% of !uppression Hearing of ;S29S12
@udge o%ay #e #ill continue then #ith officer 2uralde( Cfficer you are still under oath( =our #itness, <r( -eslie
-eslie yes =our Honor officer 2uralde did you ha&e any communication about the facts of this case are your
testimony #ith anyone'
2uralde no
-eslie and you did not do that #ith any of the #itnesses'
-eslie and you did not do that #ith #ith the 2A'
2uralde no
-eslie ) belie&e #e bro%e for lunch #e established that #hen you arri&ed on the scene you sa# a man that you
identified as <r( Coughlin sitting on a railing in the seated position surrounded byse&eral young people some
sitting some standing some sitting so close si4 are true to choose and that they #ere &isibly upset is that a fair
summary of #hat you testified to as to #hat you percei&e #hen you arri&ed on scene
2uralde yes
=eslie and so as !ouFre right there is it 1air to sa! that !ou included u"on seeing Bhat !ou descriAed that Bhate;er
e/change had Aeen going on AetBeen !ou said ?r. Coughlin had Aeen going on 1or some time "ressure arri;al
Duralde !es
=eslie and !ou donFt DnoB hoB long a "erson. .or !our arri;al the situation !ou descriAed Aeen going on
Duralde !es
=eslie o1 the eight continues that !ou descriAed the a""ro/imate hoB man! Bere male and hoB man! Bere 1emale
Duralde 2 Bould guess 1rom m! recollection there Bere at least three 1emales there thatFs Aest recollection 2 can get
=eslie and set remainder o1 the * to (0 indi;iduals Bere maleI
Duralde: 9es.
(:3*:+0 "m
=eslie and so Bhen !ou 1irst arri;es on the scene that !ou are talDing aAout ?r. Coughlin Bas Bearing shorts
Duralde !es
=eslie not long "ants correct
Duralde !es
=eslie did he ha;e an! animals
Duralde !es headed dog
=eslie a small dog
Duralde !es
=eslie on a leash
Duralde 2 do recall Bhether or not it Bas on a leash
=eslie Bith the doctors Bhen a ;iciousness toBards indi;iduals are surrounded ?r. Coughlin
Duralde BarAera:
=eslie and ?r. Coughlin Bas Bearing a shirtI
Duralde !es
=eslie: Bas it a long>slee;ed shirt or short slee;e shirtI
Duralde 2 donFt recall.
(:4,:4* "m =eslie Bas collared shirt or more o1 a ->shirt st!led shirtI
Duralde ->shirt
=eslie "ocDets on the shirtI
Duralde 2 donFt recall.
=eslie did ?r. Coughlin an! Dind o1 Bea"on
Duralde no
=eslie to ?r. Coughlin ha;e an!thing in his hands that could reasonaAl! use as a Bea"on
Duralde all he had Bas a Aic!cle Aut it Bould Ae a stretch to deem that something that he could use as a Bea"on and 2 did
not reasonaAl! Aelie;ed that he could use the Aic!cle as a Bea"on.
=eslie i1 2 heard !ou correctl! direct testimon! he testi1ied that there Bas a numAer o1 streetlights in the area so the direct
lighting Bas reasonaAl! good correct
Duralde !es
=eslie: Bhen !ou 1irst had contact Bith ?r. Coughlin team .0 an! s"eci1ic 1acts not Cust !our e/"erience Aut s"eci1ic 1acts
aAout the scene there Bhen !ou 1irst had contact Bith ?r. Coughlin that made !ou thinD he Bas going to 1leeI
Duralde no
=eslie and in 1act i1 he had 1led and i1 he Banted to retain his Aic!cle and dog he BouldF;e 1led Bith them "resumaAl!I
- 179/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Duralde 2 ha;e no idea.
=eslie 2 guess the "lan to maDe as he had Bith him a dog the Aic!cle Bhen !ou 1irst maDe contact Bith
Duralde !es
=eslie !ouF;e Aeen trained in tem"orar! detention o1 indi;iduals
Duralde !es
=eslie Bould Ae 1air to sa! Bhat once !ou "ut !our hands on a citiEen and !ou as an o11icer Bhich "ut !our hands on a
citiEen to conduct a $at and !ou are detaining them
Duralde !es
=eslie noB that he initiated contact Bitness called !our in uni1orm
Duralde !es
=eslie and !et Bea"on s"ell
Duralde !es
=eslie and !es side arm and Bea"ons Bill
talD !es
=eslie Bas that a $lain;ieB
Duralde !es
=eslie deri;ed a "olice car
talD !es
=eslie it Bas a "olice car "arDed Bithin a ;isiAle distance 1rom Bhere ?r. Coughlin Bas Bhen he Bas sitting on the rail
Bith the !ouths
Duralde !es
=eslie entering !our initial contact Bith ?r. Coughlin did additional o11icers arri;eI
Duralde !es
=eslie and Bere !ou the 1irst o11icer on siteI
Duralde !es
=eslie: and hoB man! additional o11icers arri;edI
Duralde tBo
=eslie and did the! arri;e A! se"arate ;ehicle
Duralde the! arri;e se"aratel! A! tBo additional ;ehicles
=eslie and had all three o11icers Bith all three "olice ;ehicles arri;ed A! the time !ou "atted ?r. Coughlin doBnI
Duralde 2 onl! recall one other o11icer Aeing there at the time 2 conducted a $at doBn
=eslie so there Bere at least tBo o11icers into "olice cars on scene at the time he "atted him doBn
Duralde !es
=eslie is certainl! in !our mind detained that "oint
Duralde !es
=eslie Bas he actuall! detained in !our mind "rior to "atting and Bea"ons
Duralde i1 he had tried to lea;e 2 Bould sa! he BasnFt 1ree to lea;e.
=eslie DnoB i1 2Fd heard !ou correctl! and 2 Bant to go through this, 2 understand 1rom the direct e/amination that the
Aasis o1 the $at doBn Bas a 1eB things. 3e had on loose clothing, is that correctI
Duralde !es
=eslie his demeanorI
Duralde !es
=eslie and his lacD o1 coo"eration in ansBering some questionsI
Duralde !es
(:47:,( "m
=eslie his demeanor A! demeanor !ou 2 thinD !ou mean he Bas uncoo"erati;e and !ou used the Bord con1rontational
Duralde !es
=eslie Bas he anno!ingI
(:47:(4 "m
=eslie liDe here record to re1lect itFs "roAaAl! Aeen a minute since 2 asDed a question o1 Bhether ?r. Coughlin Bas
anno!ing and the o11icer still has not ansBered.
Cudge 2 Bill still alloB since it Bas a distraction in the courtroom
=eslie an o11icer 2Fm not asDing !ou to thinD as much as 2Fm asDing !ou to recall Bhether or not he Bas anno!ing
Duralde anno!ing is not a Bord 2 Bould use
=eslie Bhat Bord Bould !ou use
- 180/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Duralde 2 recall Aeing 1rustrated
(:4*:(9 "m
=eslie and ma!Ae thatFs a Aetter Ba! o1 "utting it
Cudge Bait a second, Bho Bas 1rustrated !ou or the de1endantI
Duralde 2 Bas 1rustrated.
=eslie ma!Ae thatFs a Aetter Ba! to asD us to talD aAout the de1endant letFs talD aAout !our 1eelings and encounter, Bhat
Bas 1rustratingI
(:4*:4( "m
6tate 9our 3onor 2Fm going to oACect Aased u"on rele;ance o1 not sure Bhat Aearing it has as to Bhether or not o11icer
draBled Bas 1rustrated or Bhat his 1eelings had to do Bith the reasonaAleness o1 the $at doBn Bhich is at issue here. -he
sto" itsel1 is not challenged A! the de1ense sim"l! the $at doBn o1 the suAsequent search on a shoB that has an! Aearing
Cudge Bill 2 thinD the o11icers "erce"tion Bent to Bhether the $at doBn is clearl! rele;ant i1 he didnFt thinD thereFs an!
"ossiAilit! that Coughlin had Bea"ons then the $at doBn Bas not legitimate on the other hand i1 he had reason to Aelie;e
that Coughlin did then it Bas.
6tate sure Aut the emotional 1rustration doesnFt go to that at all
Cudge 2 thinD !ou are correct aAout 1rustration Aut 2 still thinD he has a right to inquire as to the o11icerFs 1rame o1 mind
aAout that so 2 Bill o;erruled the oACection
state aAout the question Bas Bh! Bere !ou 1rustrated thatFs Bhat 2 Bas oACecting to
=eslie 2 thinD itFs "er1ectl! rele;ant heFs testi1ied that he Bas 1rustrated
Cudge understand 2 still got o;erruled the oACection
=eslie Bh! Bere !ou 1rustrated
Duralde ?r. Coughlin Bas ansBering questions Bith questions.
(:+,:(, "m
=eslie an! other reasonsI
Duralde no
=eslie in this 1rustration on !our "art arrest Ae1ore !ou conducted the $at doBnI
Duralde !es
=eslie it Bill "oint !ou recall sa!ing that !ou Bere Aus! and that it Bas a Aus! night in !our e/change Bith ?r. Coughlin
!ou said something to the e11ect that GBe are Aus!, ansBer the question.G Do !ou recall thatI
Duralde 2 donFt recall that
=eslie do !ou dis"ute thatI
Duralde 2 donFt recall,
(:+(:04 "m
3ere =eslie re;eals again hoB "ro1oundl! shalloB his gras" o1 the 1acts and media associated Bith this case is as has
Aeen "ro;ided to =eslie in the 7ashoe Count! "uAlic de1ender in ;ideo, audio, and Britten accounts o1 the arrest A!
Coughlin it Bas )eno $olice De"artment o11icer )on )osa Bhom the Dist. 8tt!.Fs o11ice has identi1ied as a "otential
Bitness A! con;enientl! miss"elling o11icer )osaFs last name as GDosaG, thereA! maDing it harder to discern that o11icer
)oss had Aeen seated in (994 in connection Bith his duties as a "olice o11icer# Bho actuall! made the statement to
Coughlin a1ter o11icer Duralde com"leted the $at doBn to the e11ect that G7e are Aus! tonight, Be donFt ha;e time to get
here deAating the laB Bith !ou shoBed immense res"ect and ansBer the question Bill call the Ne;ada Aar u" and tell him
hoB !ou coo"erated Bith our in;estigation hoB is that running 1or !ouIG -hat ;er! statement A! o11icer )oss a Bas
ca"tured on a ;ideo recording Bith audio in the smart "hone that Coughlin had in his right 1ront "ocDet recording during
the arrest totaling nearl! ' min. long. %11icer DuraldeFs testimon! that he doesnFt recall such a statement Aeing made is
Aelied A! the 1act that u"on announcing to Coughlin that he Bas under arrest o11icer draBled the echo that ;er! G3oBFs
thatIG Catch"hrase that o11icer )oss 2 had Cust "re;iousl! used less than a cou"le minutes Ae1ore Bhen o11icer Duralde
announced a Coughlin GnoB !ou are under arrest 1or larcen!. NoB 2 can search !ou incident to arrest. 3oBFs thatIG. 6o,
clearl! o11icer draBled his testimon! Bith res"ect to his claim that he does not recall an! o11icer on the scene sa!ing
an!thing to the e11ect that those "olice o11icers Bere Aus! that night and that Coughlin should ansBer their questions is
s"ecious in the e/treme along Bith most e;er! other thing o11icer Duralde has said or Britten in connection Bith this
matter.#.

(:+(:0+ "m
=eslie Bere !ou Aus! that nightI
Duralde 2 donFt recall.
- 181/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
=eslie Bith regard to Bhen !ou "ut !our hands on ?r. Coughlin urges 6andra testimon! that !ou 1ound the Bea"ons that
an accurate statementI
Duralde !es
=eslie not some "oint during the encounter !ouF;e indicated that !ou s"oDe to tBo other indi;iduals
?r. <oeAel and ?r. Zarate
Duralde !es
=eslie and is that a1ter the initial $at doBn
Duralde !es
=eslie Bh! did !ou asD them 1or their in"utI
(:+3:,, "m
Duralde Aecause. uh...2Fm not sure Bho called, Aut, ?r. <oeAel Bas identi1ied to me as the ;ictim
(:+3:00 "m
=eslie and do !ou recall that one o1 those tBo gentlemen told to that ?r. Coughlin had allegedl! taDen the "hone Aut that
the other gentleman told !ou that some other the third>"art! gentleman had taDen the "hone and threatened or said that he
Bas going to throB it in the ri;erI
Duralde 2 donFt recall that.
=eslie do recall that 1rom !our in;estigation in this caseI
Duralde no.
Nicole 7atson, (*, o1 )eno, NV, and a student at ?c@ueen 3igh 6chool has admitted, on ;ideo and audio ta"e recorded
A! Coughlin Bith her DnoBledge and Coughlin oA;iousl! recording, at Colton -em"leton is seen in the ;ideos as Bell
recording Coughlin as he records, on 8ugust 0'th, 0,((, Bithin a da! o1 CoughlinFs release 1rom 7ashoe Count!
Detention Center, a1ter s"ending nearl! 7 da!s there Ae1ore 1inall! Aeing granted an %) release, des"ite ha;ing no "rior
con;ictions, a 33 !ear histor! and connection Bith 7ashoe Count! and )eno, all o1 his immediate 1amil! li;ing in )eno
sisterFs Carl! and 4enn!, mother, ?ar! BarDer, 1ather, -im Coughlin, and des"ite Coughlin Aeing a licensed attorne! at
the time, re"resenting clients, and the charge ha;ing Aeing amended to "ett! larcen! A! 8ugust 04th, 0,(( and Bhere the
1acts, an o;er three !ears old i$hone 3<, Aought neB 1or L3,, Bhen that model Bas 1irst released in 4une 0,,*, clearl!
did not su""ort a 1elon! grand larcen! charge. Clearl!, the 7CDC and or the )$D retaliated against Coughlin 1or his
imagining an!one in 7ashoe Count! has an! rights:
N)6 (7*.4*+3 .actors considered Ae1ore release Bithout Aail. 2n deciding Bhether there is good cause to release a
"erson Bithout Aail, the court as a minimum shall consider the 1olloBing 1actors concerning the "erson:
(. -he length o1 residence in the communit!:
0. -he status and histor! o1 em"lo!ment:
3. )elationshi"s Bith the "ersonMs s"ouse and children, "arents or other 1amil! memAers and Bith close 1riends:
4. )e"utation, character and mental condition:
+. $rior criminal record, including, Bithout limitation, an! record o1 a""earing or 1ailing to a""ear a1ter release on
Aail or Bithout Aail:
'. -he identit! o1 res"onsiAle memAers o1 the communit! Bho Bould ;ouch 1or the reliaAilit! o1 the "erson:
7. -he nature o1 the o11ense Bith Bhich the "erson is charged, the a""arent "roAaAilit! o1 con;iction and the liDel!
sentence, inso1ar as these 1actors relate to the risD o1 not a""earing:
*. -he nature and seriousness o1 the danger to the alleged ;ictim, an! other "erson or the communit! that Bould Ae
"osed A! the "ersonMs release:
9. -he liDelihood o1 more criminal acti;it! A! the "erson a1ter release: and
(,. 8n! other 1actors concerning the "ersonMs ties to the communit! or Aearing on the risD that the "erson ma!
Bill1ull! 1ail to a""ear.
Nicole 7atson has Aeen ca"tured on tBo se"arate instances, on recording media one audio ta"e, one ;ideo ta"e#
1rom the same inter;ieB on 8ugust 0'th, 0,((, admitting to ha;ing heard the Gman Bith a si/>"acDG hold the i$hone alo1t
and o11er it u", then threaten to GthroB it in the ri;erG i1 someone did not immediatel! claim it, on:
V2DE%,(,, at the 3:00 marD o1 the ;ideo:
Coughlin: motioning to Nicole 7atson# 6o, !ou heard him sa! F2 am going to throB it in the ri;erFI 7hat did that maDe
!ou thinD Bhere !ou liDe, F7hoa, this gu! is craE!FI
Nicole 7atson: 2 thinD !ou are a douche and !ou should lea;e us alone.
Coughlin: .air enough.
- 182/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7atson: 3e is tr!ing to, liDe, 1ilm us so he can 1ind loo"holes and shit to some onlooDers#. -em"leton is again ca"tured
on ;ideo clearl! a""earing to utiliEe his smart "hone to record Coughlin recording the inter;ieB#.
=ater in Video ,(,, the 1olloBing e/hange occurs:
Coughlin:motioning to )oAert DaBson# oDa! Aut Cust a second ago !ou said it Bas 1ine 1or co", !ou 1or no reason at all
and demand to see !our "a"ers or demand to DnoB i1 !ou are an illegal immigrants
)oAert DaBson: there Bas a reason to come u" to !ou
Coughlin Bhich Bas BhatI Did someAod! BalD u" !our 1riend and graAAed the "hone 1rom his handI
-em"leton !ou are sa!ing it Bas 1or no reason at all that !ou clearl! tooD the "hone Be ha;e "lent! o1 "eo"le[
Coughlin clearl! tooD the "hone 1rom BhoI
-em"leton Bhoe;er thought that gu! Bas that !ou are talDing aAout
Coughlin did 2 steal it 1rom himI (0:,( marD o1 V2DE%,(,,#
-em"leton: he ga;e it to !ou and !ou tried to walk aBa! Bith it.
Coughlin: 3e gave it to meI %Da!, so he gave it to meI
-em"leton: Aut all o1 us DneB our 1riends "hone Bas missing. (0:,( marD o1 V2DE%,(,,#
Coughlin: 3e gave it to meI
-em"leton: 7ell, if !ou said it Bas !ours, and he's that fucking dumb, then !es, he gave it to !ou.
%Da!, so according to -em"leton all o1 them DneB their 1riends "hone Bas missing e/ce"t a""arentl! their
1riend Cor! goAAle none o1 these !outh seem to ha;e much comment to maDe Bith res"ect to the 1act that <oAle said his
"hone doBn and then managed to Ae a""arentl! "rett! much the onl! "erson in the sDate $arD not to DnoB the "hone Bas
missing or that it Bas Aeing o11ered u" or that at least Coughlin and Nicole 7atson hear Gthe man Bith the si/>"acDG
loudl! indicate as much to all in the large sDate "laEa. Coughlin heard the Gman Bith the si/>"acDG sa! as muc !eah, that
it and there1ore, liDel! =uc! B!ington, and "roAaAl! Zarate gi;en Zarate claims to ha;e heard the man Bith a si/"acD
o11er u" hat immediatel! "rior to the Bill Bill Bill seriousl! Zarate claims not to ha;e heard the man threatened throB the
"hone in the )i;er and this is Cust as curious as Duralde asserting that he didnFt hear )osa# threat aAout calling u" the
6tate Bar and telling Coughlin to coo"erate or GBeFll call the Ne;ada Bar and tell them hoB !ou coo"erated Bith our
in;estigation, hoBFs that runninF 1or !ouIG, "articularl! Bhere Duralde Cust moments later echoed the "how's that?" tag
line Bith his oBn: G(ow, !ou are under arrest 1or larcen!. (ow, 2 can search !ou incident to arrest. 3oBFs thatIG all
ca"tured on the ;ideo 1rom CoughlinFs 3-C <0 4< smart "hone in the ;ideoHaudio o1 the arrest. Clearl! Zarate and
Duralde ha;e ;ested interests and 1ailing to admit their aBareness o1 the circumstances the actions o1 Zarate, Duralde,
and <oAle ha;e caused ;ast damage to CoughlinFs li1e damages 1or Bhich the! ma! ;er! Bell Ae liaAle, e;en "ersonall!.
=eslie has re1used to e;en inter;ieB or suA"oena %11icer )osa, and, in 1act, =eslie a""arentl! lied aAout e;er
suA"oening DaBson or -em"leton, then lied to Coughlin and the Court aAout his intent to in1orm those Bitnesses that
their "resence Bas required on 6e"temAer +th, 0,(0, to sa! nothing o1 =eslieFs 1ailure to mo;e 1or a continuance Bhen
those Bitnesses 1ailed to a""ear on 8ugust 09, 0,(0 month hearing on the motion to su""ress. =eslie relies on the old
standA! that he made an e/ecuti;e decision not called as Bitnesses in some lame te"id attem"t to e/cuse his 1ailure to
ad;ocate Eealousl! at all on CoughlinFs ha;e es"eciall! Bhere =eslie is clearl! sucDing u" to the )eno $olice De"artment
in 7ashington 2 Dist. 8tt!.Fs o11ice. 2n 1act =eslie on se;eral occasions Ae1ore and during the trial in1ormed Coughlin that
Cudge 61erraEEa Bould "unish him i1 Coughlin attem"ted to Aring to light an! o1 the "olice misconduct that occurred in
this case. Coughlin does not Bish to im"ugn the courts or Cust 1or arises crediAilit! in that regard and is merel! re"eating
the threat that =eslie indicated Bas "resent in that res"ect. Coughlin doesnFt lo;e e;er! ruling Cudge 61erraEEaFs e;er made
in 1act, Coughlin is a""ealing 4udge .lanaganFs ruling u"holding 4udge 61erraEEaFs 6ummar! E;iction %rder o1 %ctoAer
07th, 0,((in )4C )EV0,((>,,(7,* in Ne;ada 6u"reme Court Case ',33(, and the aBard, A! 4udge .lanagan o1
L4,,,+, in attorne!Fs 1ees to CoughlinFs landlord, 1or the a""eal along, in '(3*3#, Aut heFs not su""osed to, and mention
should Ae made o1 the e/tent to Bhich 4udge 61erraEEa consistentl! maDes creati;em thought1ul, and uncom"romising
or, at least, some might sa!, more uncom"romising than the legion o1 Curists in 7ashoe Count! Bhose "ath to the Aench
Bas through the "rosecutorFs chair# rulings, questions, and commentar! Bhile on the Aench.
8 cou"le 1actors one does not see listed aAo;e include Bhether the "erson asserted an! constitutional rights and
thus engendered a s"ite1ul retaliation A! the Ao!s o1 the Cail the AooDing and intaDe de"artment or de"uties connected
thereto or Bhether the )eno $D and cit! attorne! andHor 7ashoe Count! district attorne! Bould liDe little time to assess
the situation into Bhat the! Bill "rior to releasing the attorne! Bho honestl! has Brong1ul arrest laBsuit#.
.irst o11, A! asDing a com"ound question , es"eciall! the "art in Aold, aAo;e, =eslie curiousl! and a strong "attern
de;elo"s in this regard# alloBs Duralde an GoutG, not to reall! ansBer tough question. 7ould one reall! Ae all that
- 183/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"aranoid to Bonder Bhether =eslie Duralde in 4ans hot either intentionall! or Cust inseminate sense o1 teamBorD amongst
the code"endent memAers o1 their grou" managed to taDe =eslieFs aAo;e question Bith res"ect to Bhether one o1 these
tBo gentlemen told Duralde that Coughlin had allegedl! taDen the "hone Aut gathered gentlemen told docDeted some
other third>"art! gentleman had taDen "hone and then at that "oint =eslie maDes the question tri"l! com"ound A!
throBing in the "art aAout throBn in the ri;er noB itFs itFs "roAaAl! someone liDel! the =eslie Cust didnFt understand the
1acts Bell enough to realiEe that Zarate o1 course is not in a ha;e told Duralde aAout the mantra in the ri;er "articularl!
Bhere Zarate and ;ideos seeDing dissuade Nicole 7atson 1rom Nate that she Bitnessed that rather Zarate told Duralde
one ;ersion o1 the 1acts a""arentl! "rior to cough Ae "laced under arrest and Bent in and 2Fm in Aut something in Briting
Zarate Clinton douAle Aed the! still ne;er made mention o1 the man threatening to throB the "hone the rare and either
=eslie doesnFt understand that or =eslie does understand that Aut he DnoBs that Zarate ne;er said that to Duralde Bhich
lea;es Duralde Bithin a con;enient o""ortunit! to ansBer as he did in res"onse that he question "osed at (:+3:00 $?
6imilar to the situation Bhere =eslie starts to asD Duralde o1 Coughlin ansBered his question as to Bhat CoughlinFs name
Bas Aut then Bent on =eslie did to maDe the question com"ound in a Ba! Bherein draBled ansBer alloBed him to
indicate !es he told me his Aar numAer Bell the document reall! got to Bhether or not Coughlin ansBered his name and
gi;en the 1act that that is "rett! much the onl! rele;ant inquir! undr N)6 (7*.(003 2E to sto" and identi1! statute Bell
=eslie and Duralde in 4ans Cust seem to ha;e either no gotten together Ae1orehand and 1igured out the su"er cle;er Ba!s
to maDe it seem liDe =eslie is asDing the questions and he asDed Aut then maDing them com"ound in a Ba! that the )all
and then ansBer the second "art o1 the question Bhich in;ariaAl! is 1airl! irrele;ant so 1ar in the trial =eslie is not gotten
Duralde to admit that Coughlin "ro;ided his name nor has =eslie managed to get in the ;ideo the restaurant Coughlin and
tells draBled his name o1 course this is an incrediAl! rele;ant inquir! gonna sto" and identi1! statute and the 1act that an!
su""ression anal!sis that in;ol;es a search incident to arrest Bill necessaril! at some "oint in;ol;e Bhether or not an
arrest Aased merel! on CoughlinFs 1ailure to "ro;ide his name can Ae a sa1et! net 1or DD8 4ans and Duralde in this da!
should Coughlin actuall! get some ad;ocac! on his Aehal1 Bith res"ect Bhether or not thereFs "roAaAle cause to maDe an
arrest clearl! and Duralde later ansBers to questions the truth is re;ealed their and someBhat e/tended draBled sa!s he
had "roAaAle cause to Aelie;e Coughlin had "ossession 1ile Bhich is di11erent in sa!ing docDet "roAaAle cause to Aelie;e
Coughlin had stolen the oBner committed grand larcen! much less s"eciall! 1or an i$hone the Ca!man that <oeAel
Aought Bhen the i$hone 3< 4 ?ount Bhich Bas 4une o1 0,,* i.e. the time Bhen i$hone 3< Bas released to the "uAlic in
8merica that maDes that 1ile Bhich Bas L3,, at that time Bhen Aought Arand>neB aAout 3, a month old and there1ore
clearl! not Borth L0,, more in 1act <oeAel admits Bas onl! Borth aAout L*0,, on craigslist and in that time -here aAo;e
=eslie again re;eals hoB little his "re"aration or lacD thereo1 enaAled him to gras" the 1acts "articularl! the material 1acts
in this matter. B! the question =eslie asDed aAo;e he demonstrates that he Aelie;es one o1 the tBo gentlemen either
<oeAel or Zarate told the "olice o11icer aAout some man "icDing u" the "hone and threatening to throB it in the )i;er.
=eslie should DnoB that neither o1 those Bitnesses mentioned an!thing o1 the sort and 1urther that Zarate can Ae seen in a
;ideo that Coughlin 1ilmed shortl! a1ter Aeing released 1rom se;en da!s in 7ashoe Count! Cail Bearing Coughlin
returned to the sDate $laEa and ;ideo inter;ieBed Zarate, Nicole 7atson, =uc! B!ington, Colton -em"leton, )oAert
DaBson, and 8ustin =icht! Bhom Bere all "resent immediatel! "rior to and during the arrest o1 8ugust 0,, 0,(( and
Bhose 1aces are ca"tured on the ;ideos taDen A! Coughlin immediatel! "rior to the "olice shoBing u" 1urther the identit!
o1 the one indi;idual hereto 1or re1erred onl! as 5.C gu! A! Coughlin still remains a m!ster! des"ite the 1act that the
;ideos taDen A! Coughlin demonstrate 5.C <u! handing his cell "hone to <oeAel or at least a "hone that Bas in 5.C
<u!Fs "ossession, Bhereu"on <oeAel made the 9(( call his second, at ((:0' $? =eslie re1uses to release non>redacted
9(( dis"atch records to Coughlin Bhich Bould aid in determining 5.C gu!s identit! andHor the oBner o1 the account
1rom Bhich an! o1 the rele;ant calls in question Aelong to including the tBo incoming calls to the i$hone, one at ((0(
one at ((0', Aoth re"ortedl! 1rom the same numAer, ostensiAl! ZarateFs or someone Bho is Bas Zarate in addition to the
tBo other calls one incoming to the i$hone and one outgoing 1rom the i$hone at ((33 and ((:3' $? res"ecti;el! that
night. -his oAstructi;e hide the Aall "ractice A! the 7ashoe Count! "uAlic de1enderFs shame1ul as is =eslieFs 1raudulent
attem"ts to "reser;e 1or the record some "ur"orted threats he 1eels Coughlin Bas maDing him in court on the record,
micFd u", or an! other o1 the numAer o1 ridiculous things =eslie is 4ohn including re1used to utiliEe the legal research he
requested 1rom Coughlin Aecause G2 donFt liDe light te/t on a darD AacDground liDe darD te/t on a light AacDgroundG and
all other such similar lame e/cuses A! =eslie. B!ington and 7atson along Bith "ossiAl! -em"leton Bere the indi;iduals
closest to the man Bith the si/"acD Bho held the "hone a lot and threatened throBn in the ri;er. 2n one o1 the suAsequent
in;estigator! ;ideos that Coughlin 1ilmed Nicole 7atson Alurts out in res"onse to one o1 CoughlinFs questions that !es,
she did in 1act here the man Bho "icDed u" the "hone threatened to throB the "hone in the )i;er i1 someone did not claim
it immediatel!. 8t that "oint in the ;ideo 1illed A! Coughlin Zarate can Ae seen attem"ting to quiet Nicole 7atson doBn
and then later "ulling her aside and seemingl! dissuading her 1rom testi1!ing or suAmitting 1urther to an inter;ieB Bith
Coughlin. 2t is clear that Zarate sought to oAstruct Custice in the ;ideos Coughlin 1ilmed and "ro;ided to Aoth the 7C$D
and 7CD8Fs %11ices, including GV2DE%,,99G length: +:(+# and ZaratesFs sBorn testimon! at trial is contradicted A!
- 184/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
statements o1 the 1orm and 0' second marD ;ideo ,,99 Bherein rather than asserting that he "ersonall! e!e Bitnessed
Coughlin recei;ed the "hone 1rom Gthe man Bith the si/>"acDG, Aut instead Zarate indicated that he saB the man hold the
"hone alo1t and heard him o11er it u" and then Zarate stated on that in;estigator! ;ideo Coughlin 1ilmed u"on his release
1rom Cail:
at 4:,+ marD o1 GV2DE%,,99 Batson Be saB !ou taDe a "hone 1rom a manG length: +:(+#
(:+4: (+ "m *H09H(0 transcri"t, ?otion to 6u""ress 3earing#
=eslie other than Bhat !ou ha;e testi1ied here to da! AacD at the time did !ou ha;e an! other reason to Aelie;e that ?r.
Coughlin Bas actuall! armed Bith a dangerous Bea"on
Duralde no
=eslie other than Bhat !ou ha;e testi1ied here toda! AacDed the time !ou ha;e an! other reason to Aelie;e he Bas a threat
to the sa1et! o1 !ou or an! other other o11icer AacD at the time u" to and through the time that !ou "atted him doBn 1or
Bea"ons
Duralde no
=eslie made a Bise decision to include u" to and through the time Bhen descriAing the rele;ant. 2t Bhich is question Bas
"osed as Duralde seems to assert that CoughlinFs noncom"liance i.e. there1ore an indication o1 some su""osedl! danger
or "otentialit! thereo1 Bas deri;ed 1rom CoughlinFs conduct during the $at doBn#.
(:+4:+9 "m
=eslie during !our encounter Bith ?r. Coughlin at the initial stages did he in 1act identi1! and o1 2 name in 1act at one
"oint he ga;e his Aar numAer
Duralde 2 recall him sa!ing he Bas loitering gi;en his Aar numAer
=eslie and Bas that 1or a1ter the time that !ou "atted him doBn 1or Bea"ons
Duralde 2 couldnFt sa! 1or sure Aut 2 Aelie;e it Bas Ae1ore
=eslie that Bould Ae her Aest recollectionI
Duralde !es
=eslie nothing 1urther
8nd so therein aAo;e =eslie manages not to get into the record and in mission A! Duralde that Coughlin in 1act did gi;e
his name or identi1! himsel1 and there1ore com"l! Bith the dictates o1 Ne;adaFs codi1ication o1 the -err! doctrine in N)6
(7*.(003. Either =eslie is su"er cra1t! su"er slo""! and or maDing sBeet music Bith !oung and Duralde or this is Cust a
re"etiti;e loo" o1 incrediAl! con;enient and coincidental omissions errors and commissions all adding u" to the detriment
o1 CoughlinFs case#.
7hat 1olloBs is DD8 9oungFs Aarrage o1 attem"ts to mislead the court, and, Aasicall! lie...as 9oung continuall! tries to
get across that the 1irst dis"atch re"ort Bas aAout Ga "ossiAle 1ightG, rather than a GCP .%) =8)C %. 8CE== $3%NE
456-G, on multi"le occassions.
(:++:4+ "m
state o1 a 1eB questions 9our 3onor ?r. =eslie asDed !ou or do !ou recall ?r. =eslie asDing !ou that once dis"atch
advised of am update that it was a potential larceny he asDed something along the lines o1...Bould that alle;iate an!
concern 1or threats or ;iolence ...Bea"ons... 8nd 2 DnoB 2 am misstating his e/act Bords Aut it Bas something along those
lines !ou recall the questionI
-here 9oung misleads the Court and shoBs a lacD o1 candor, again, to the triAunal in suggesting, Aased u"on some
imaginar! G"ossiAle 1ightG dis"atch re"ort, that there Bas, there1ore, some 1ear o1 threats or ;iolence that such an u"date,
doBngrading the situation to a a mere larcen!, Bould necessaril! Galle;iateG.
Duralde !es
state and are called A! Britten !our res"onse Bas could Ae
Duralde 2 donFt recall the e/act res"onse Aut man! times Be "ut in1ormation 1rom dis"atch that inaccurate or mi/ed as
"olice o11icers Be ha;e to Dee" our guard u" 1or Bhate;er might Ae there Bhen Be arri;ed 1or sa1et!
(:+':47 "m
state and in this case the larcen! Bas additional in1ormation that !ou recei;ing 1rom the 1irst re"ort
Duralde !es
- 185/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8ctuall!....there he goes again...9oung and Duralde continue attem"ting to "ur"ort that the re"ort o1 a larcen! Bas not
the 1irst "art o1 the 1irst re"ort, "eriod...Aut rather some Gadditional in1ormationG in some, necessaril!, suAsequent u"date.
Curiousl!, DuraldeFs narrati;e and his No;emAer 0*, 0,(( narrati;e does not mention this alleged initial re"ort A!
dis"atch the 6tate so "erse;erates on in 1act that narrati;e Aegins thusl!:
G%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours I was dispatched along with Reno PD Officer R.
ROSA to the plaza at on a report of a larceny of a cell phone at that location.
Dispatch relayed information that the victim had set his phone down and that he was now calling the phone and it
was lighting up in the suspect's pocket. -he sus"ect Bas descriAed as a Bhite male adult, 3+ !ears o1 age, 'F,0G, 0(,
2As, Bearing a red Chicago hat and a Bhite or !elloB shirt and "laid shorts. Dispatch also relayed that the suspect was
still on sceneG
8nd, in 1act, the dis"atch logs do not re;eal an! notation o1 "a possible fightG. 8ctuall!, this G"ossiAle 1ightG
garAage seems more and more to Ae "ro1essional misconduct on DD8 9oung and DuraldeFs "art, as there is no indication
in an! o1 the contem"oraneous records or statements A! Duralde that he Bas under the im"ression there Bas an!
G"ossiAle 1ightG, though Aoth Duralde and 9oung ha;e misled the Court in that regard, and, not sur"risingl!, Bho else,
=eslie has Coined in on the act, mentioning a G"ossiAle 1ightG se;eral times, des"ite the record, as 1ar as Bhat %11icer
Duradle Bas made aBare o1 u"on arri;ing on scene then immediatel! handcu11ing Coughlin shortl! a1ter Coughlin
Aroached the to"ic o1 constitutional rights. .urther, DD8 9oung continuall! re1ers to the dis"atch re"ort o1 Ga larcen!G
Aeing Gadditional in1ormationG or an Gu"date 1rom the 1irst re"ortG, Bhen, in 1act, the 1irst re"ortFs 1irst message is GCP
.%) =8)C %. CE== $3%NEG...so again DD9 9oung and Duralde are "la!inF 1ast and loose Bith the 1acts. )ather, the
1irst entr! at ((:03:3' "m indicates: G-E&-:2CE )2NP 8)E8 > CP .%) =8)C %. CE== $3%NE 456- > 656$
%6 > =%5D VERBAL D26-)G. 6ure, a Gloud ;erAal distruAanceG...Aut, all this aAout G"ossiAle 1ightG a""ears to Ae
nothing more than DD8 9oungFs creation in an attem"t to shore u" an e/igenc!Hsa1et! anal!sis 1or his "at doBn
rationale. -hat is sanctionaAle conduct. .urther, the ne/t u"date in the dis"atch log, 1rom ((:0+:0, "m still 1ails to
mention an! G"ossiAle 1ightG, Aut rather reads: G6-2== =%5D D26-) > )$ =E.- 326
CE== $3%NE %N $%6- 8ND C8==ED -3E CE== $3%NE 8ND 2-6 =2<3-2N< 5$ 2N 656$6 $%CPE-.G.
9%ung and Duralde reall! need to e/"lain their attem"ts to mislead the Court and lacD o1 candor to the triAunal to the
e/tent that the! "ur"orted the "hrase "ossiAle 1i;e to Ae u" Ait o1 in1ormation included in the dis"atch communications
rather than their inter"retation o1 o1 something that ma! Ae incident to a loud disturAance Bhere dis"atch onl! re"orts a
loud disturAance "articularl! one o1 a GVE)B8=G ;ariet!. ((:0+:47 "m marDs the time o1 another dis"atch te/t
a""arentl! sent to the o11icerFs in their ;ehicles, not that =eslie Bould asD an!thing liDe that#: G65$$ -E&-:RP WAS
SCREAMING AT SUSP AND LINE DISCONNECTED.G -he 1act that the dis"atcher descriAed the call asG)$
re"orting "art!, ie, <oAle# 6C)E8?2N< 8- 656$G is telling and Bould strongl! suggest that Duralde Bould ha;e had
more reason to "at doBn <oAle or his com"atriates than Coughlin, and it is "ossiAle <oAle Bas in his ;ehicle or
otherBise aBare o1 this dis"atch re"ort =eslie 1ailed to asD an! questions aAout hoB and Bhen these o11icers Bere
a""rised o1 in1ormation A! dis"atch, including Bhether the! Bere so e;en a1ter arri;ing on the scene, Aut the ;ideo
Coughlin tooD o1 the arrest clearl! contains the sounds o1 dis"atch radions, though, curiousl!, the smart "hone in
CoughlinFs right 1ront shorts "ocDet dis"la!s no Gsound o1 the i$hone ;iAratingG such as Bhat Duralde and DD8 9oung
"in most o1 the G"roAaAle causeG in their case on. =astl!, there is strong e;idence to suggest Duralde ne;er recei;ed the
in1ormation 1rom dis"atch "rior to arri;ing on the scene and conducting the "at doBn, cursor! Gin;estigationG and arrest
o1 Coughlin# that Bas contained in the dis"atch te/t 1rom ((:07:(( "m: -E&-:)$ <oAle# C8==2N< B8CP %N 9((
8DVF2N< 6%?E%NE 456- 32- 8 G?2N%)G > )$ re"orting "art!# 456- 682D G-3E)E 26 8 C%$ -3E)E 782VE
32? D%7NG. Duralde a""ears on the sideBalD near the Center 6treet Bridge in the ;ideo Couglin tooD o1 the arrest at
a""ro/imatel! ((:07:++ "m, and, that, in comAination Bith an utter "aucit! o1 mentions A! the 6tate or Duralde
res"ecting the GsocDed a minorG ruse, indicates Duralde Bas not e;en "ri;! to an! dis"atch in1ormation in that regard,
and, o1 course, i1 it Bas, in 1act Duralde Bho testi1ied he was G1irst to arri;e on the sceneG and, as is customar!, tooD the
lead on the in;estigation#, the Ait in the dis"atch log that G)$ 456- 682D G-3E)E 26 8 C%$9 -3E)E 782VE 32?
D%7NG is liDel! re1erring to Duralde. .urther, DuraldeFs laconic, rela/ed tone and a""roach u"on arri;ing on scene
1urther Aelies the lacD o1 sincerit! in the 6tateFs G"ossiAle 1ightG message, Bhich, it seems clear, dis"atch ne;er made not
that the D8, the )$D, or Emergenc! Dis"atch 6er;ices has su""lied an! ta"es thereo1, contrar! to <oodnights dul! made
request there1or. =eslie needs to asD Bhether G"age 0 o1 0G as indicated ato" DuraldeFs 8ugust 0,th, 0,(( GDeclaration
- 186/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6u""lementG is missing G"age ( o1 0G or Bhether such a G"age (G is reall! the G8))E6- )E$%)- 8ND
DEC=8)8-2%N %. $)%B8B=E C856EG.
*fficer +uralde's ,arrative of &&-./-&& concerning the arrest differs markedly from his
testimony at the 0uppression 1earing and 2rial reading:
3C*4G1LI, was wearing baggy clothing that could conceal a weapon
according to my training and e5perience. I then asked C*4G1LI, to stand up
and move away from the group of people that had been detaining him.3
Is this cross e5amination revealed that their old noted upon arriving at the scene that the
youths were mostly sitting down as was caught when which hardly sounds like a detaining or citi6ens
arrest type scene. 7urther Coughlin's commentary on the videos !ust prior to the arrest and in the 8&&
calls as well as goals comments both of his own 8&& calls clearly vitiate any finding of a citi6ens arrest
by Goble at all or any detaining going on Coughlin clearly voluntarily remained and himself called the
police and e5horted the years to root blacks and be peaceful and wait for the police arrives the
situation can be handled in a lawful safe manner.
+uralde's ,arrative continued: 3C*4G1LI, complied and I performed a pat search for
weapons. As I checked C*4G1LI,'s left front shorts pocket he yelled loudly that I had !ust grabbed
his penis. I could feel an ob!ect resembling a phone in the pocket but not a penis. As C*4G1LI, was
trying to make a scene and was very hesitant to follo# the directions that I was giving him I placed him
in handcuffs. Cfficers A-AK!A and 9C!A #ere there #ith me at that time. C*4G1LI, then stated that he
had been assaulted by the group of people who were with the victim. I asked C*4G1LI, if he had any
in!uries to substantiate the claim and he stated that he did not.3
+uraldes retaliatory animus in response to Coughlin's gross sub!ect constitutional rights is
revealed in the fact that +uralde took to asking Coughlin all sorts of 9uestions designed to result in a
finding that Coughlin's claims against the youths were baseless. +uralde would have been well served
to take that approach with the accusations made by Goble such as actually asking 9uestions designed
to elicit support for whether or not any facts e5isted relating to the specific elements of the crime
+uralde charge Coughlin with a larceny taking of another's property away with intent to deprive and
for felony such as what docket charge where the values was of time greater than :.(;. <asically all
+uralde new to gather support for was that Coughlin was in possession of the phone and telling
because +uralde actually use the e5act description. 1is testimony and describing that he felt he had
probable cause when the cough was in possession from rather than probable cause to find a Coughlin
had committed larceny while +uralde can at trial not remember much of anything about this shaper
dimensions of the ob!ect and Coughlin's right front pocket !ust magically at trial the =onald had really
specific length width and height down to the half>inch descriptions of what was in Coughlin's left front
pocket and +uralde purports that to be the case to some e5tent in his narrative as well despite the fact
that he indicated both the trial and implicitly in his narrative the no witnesses by that point had
indicated which pocket and felt the indeed the background chatter the video of the arrest reveals
patent uncertainty in that regard if not something more sinister further and contrasted +uraldes
testimony at trial where and he was only sure that one other officer was on the scene time not that
Leslie bothered to actually iron down which officer that may have been =osa or Alaksa... In +uralde's
,ovember ./ .;&& narrative and that both of those officers were there with +uralde at the time he
connected the ?at down it straining credulity at this point imagine three officers there focused in on
Coughlin along with a group of / to &. skater youths would feel all that @ is a safety concern with
respect to Coughlin that is unless Coughlin was some sort of Chuck ,orris %ohn Claude Aan +amme
0tephen 0egal force of nature with cartoon like omnipotence.
DuraldeFs GDeclaratoin 6u""lementG 1iled Bithin (0 hours o1 arrest# continues: G2 then "laced C%5<3=2N
under arrest 1or <rand =arcen!, as he had taDen the "ro"ert! o1 another "erson ;alued aAo;e L0+,. I retrieved the phone
from COUGHLIN's pocket and GOBLE was able to further verify his ownership of the phone based on the
- 187/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
password for the phone and calls that had been made in the previous hours. 3%5<3=2N Bas then trans"orted to the
7ashoe Count! 4ail and AooDed Bithout 1urther incident.G
Duralde 1ails to gras" that their are more to the elements o1 a grand larcen! charge than Cust GtaDen the "ro"ert!
o1 another "erson ;alued aAo;e L0+,G, such as ha;ing Gthe intent to "ermanentl! de"ri;e thereo1G or, 1iner "oints, liDe
GDnoBingG something is GanotherFs "ro"ert!G, much less some o1 the more elegant as"ects o1 the laB o1 1inders or lost,
mislaid, or aAandoned "ro"ert!, much less the no;el situation here Bhere an i$hone Bas allegedl! sa;ed 1rom the
clutches o1 the -rucDee )i;er. .urther, Duralde seems to gi;e no account to the notion that, "erha"s, searching through a
la"to", or i$hone, or some other smart "hone on an arresteeFs "erson ma! e/ceed the sco"e o1 a search incident to arrest.
-)8N6C)2$-: *H09H(0 (:+7:33 "m
state this grou" o1: uses that sort ?r. =eslie uses o1 a 1act. 9ou testi1! that the! Bere more or less surrounding o1ten some
o1 the memAers a""eared agitated
Duralde !es
state and Bere the! "ointing out to the de1endant sa!ing that he Bas the suACect o1 the call or hoB did !ou 1ocus !our
attention on the de1endant or to determine that he Bas the Bas the suACect o1 the call or other determined to 1ocus !our on
?r. CoughlinI
Duralde at 1irst 2 noticed his clothing matched the descri"tion gi;en A! dis"atch 2 recall someone "oint him out also
state

8""arentl! one must "a! =eslie more 1or the "ri;ilege o1 ha;ing him maDe a hearsa! oACection or to reiterate his
succes1ul oACection 1rom the 6u""ression 3earing as to the incongruit! in Duralde testi1!ing that he couldnFt rememer the
suACects descri"tion, onl! to "ur"ort to use it to id him.
6tate can !ou estimate hoB much time "assed the "oint 9our 3onor guns in the $at doBn
talD !et Bould sa! a""ro/imatel! 0 min.
state and !ou hadnFt had an! "rior dealings Bith an! o1 the indi;iduals on seen Ae1ore had !ou
Duralde no
stating !ou Cust Bhat !ou Bere in "olice uni1orm
talD !es
state that consist either Aadge the Bords "olice dis"la!ed in some 1ashionI
Duralde: no audiAle res"onse
state: and !ou testi1ied that !ou had !our "olice carI
Duralde !es
state Bas that a marDed "olice car Bas that a marDed "olice carI
Duralde !es
state thatFs all 9our 3onor
Cudge an! recross
=eslie !ester stood cou"le quicD ones i1 2 ma! 9our 3onor to recall at an! "oint in the e/change AetBeen !oursel1 and
?r. Coughlin o1 the ass to tr! the daughter least the runBa!
Duralde 2 donFt recall that
=eslie < recall an!thing A! him e/"ressing some current concerned that he doesnFt Bant the dog to go ahead
Duralde not that 2 recall
=eslie the dog Bas there Bith him
Duralde !es
=eslie courts indulgence Bhis"ering AetBeen Coughlin and =eslie 1rom (:+9:+* to 0:,,:0, "m# 2 did ha;e 1olloB u"on
the clothing question is asDed A! the "rosecutor and m!sel1 Bas ?r. Coughlin Bearing "lain shorts or shorts Bith cargo
"ocDets u" u" out side
Duralde "lain shorts
=eslie and so CoughlinFs chores 1or the Dind o1 his sled Bith the AacD o1 "ocDet on the "anel and
=eslie said the list o1 things Bere not committed in !our "risons
docDet
[ 9ou Bere not a Bitness to them
docDet this correct
=eslie and so the! are !ou !our unseen Bas Bhat
talD at recall o1 AetBeen (( and (0 $? at night
=eslie %Ps certainl! ha;e toda! are some ".m.
- 188/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Duralde !es
0:,3:,, "m >0:,3:0* "mBhis"ering eBeen =eslie and Coughlin#.
=eslie taDe 9our 3onor ha;e no 1urther questions
state 2 do ha;e tBo 9our 3onor the Aagg! close that Be Bere talDing the list and euros e/actl! the shorts Bere the! such
that it Bould Ae concealed
talD !es
state the! Bere so sDintight that !ou could taDe a looD not DnoB the cause o1 that nothing Bas
state at 7almart questions to =eslie Bas Cust asDing !ou that the 8l!ssa taDen o1 the "hone Bas not done in !our "resence
Curor called a question a cou"le se/ going !ou said no
talDing !es
state did ?r. Coughlin hand !ou on his oBn ;olition the "hone that Bas taDen Bas le1t 1ront shirt "ocDet
docDet no
state !ou tooD that 1rom his "ocDet a1ter !our rest o1 them Bere conducted a search incident to arrest
talD !es
states that Bhat !ou are "ro"osing to some "ositions that is le1t 1ront shirt "ocDet
=eslie oACection "roCection Alind Cudge oACection to Bhat
=eslie and im"ro"er conclusion
-errace Bas the oACection
=eslie 7illie ran the Bitness a series o1 questions and ending Bith the Bords so asDed him to conclude that the ghost
im"ro"er conclusion in the circumstances
state all 2Fm asDing is Bhile documents on scene Bith to meet Bith ?r. Coughlin Bas the "hone still in his "ocDet
=eslie he said BalDies on state thatFs asDing 1or conclusion as to amend to him and duration o1 time. 8sDing and him to
conclude that ?r. Coughlin a "osition something thatFs dis"uted
Cudge can !ou narroB doBn.
6tate ma!Ae 2 can re"hrase the question Aut 1rom the "oint that !ouFre re1erencing ma! contact ?r. Coughlin did !ou see
an!Aod! "la!s that "hone or ?r. CoAA $lace a11iant is "ocDet
talDing to
sa! oDa! and !ou "art! testi1ied that u"on !our arrest ?r. Coughlin !ou remo;ed the 1olloBing Bhich is the suACect o1
the su""ression hearing 1rom his "ocDet Bill Bill 2 thought !es
state good enough t
=eslie: 2 ha;e no 1urther questions.
0:,':(9 "m Bhis"ering#
Coughlin going to asD him aAout hoB he taunted me smugl!.....he did thatK.....0:,':4, "m
state
sa!s to !ou ha;e an! 1urther e;idence.
4udge is there an! oACections the o11icer remaining in the room on the ruling on the motion is "ressed
=eslie 2 Bould liDe to consult "oint client 1rom onl! 9our 3onor
Cudge Bhat 2 ha;e seen till Be 1ind out.
0:,7:,4 "m# whispering#...0:(,:49 "m
=eslie <od taDen the o""ortunit! o;er the last cou"le minutes 2 1olloBed Cudge Bho the latter Bas consulting Bith ?r.
Coughlin Be donFt ha;e an! Bitnesses and he is not electing to testi1! at the su""ression hearing at this time
state 9our 3onor in res"onse surel! question is 3ernando $ro Bith the o11icer drug Aeen hearing her that during
arguments Bill de1er to the state
=eslie a 7eld stud testimon! nature o1 the church the state 2 ha;e taDen to gi;e a reason to Aar him Aut 2 canFt 1igure is
Bh! these Ae "resence o1 the de1erred to the court
Cudge Bho all right 7ilsonFs or his role as is lost !ou to Bait out light until this is conclude and him and something Bhere
1i;e locations can im"act !our testimon! at trial harlequins must 2 Bill indicate that 2 ha;e read the Arie1s might Ae
educated 1urther on the "atdoBn search
=eslie Bill 9our 3onor the ?r. =eslie the good CoA and current issues the Britten motions to su""ress and 1a/ that Bere
set 1orth in their and then !ou decide the 1acts Aased on the hearing here and it "resent a""ears as a "rett! high degree o1
consistenc! Bith Bhat he Brote on the motion Bill hurts a i1 2 ma! summariEe the thinD the im"ortant Ao/ers 1olloBs the
o11icer is dismissed as something that A! his testimon! is initiall! graAAed A! dis"atches this disturAance or a "ossiAle
1ight Aut Ae1ore he arri;es to suAmitted A! the status that itFs a disturAance or "ossiAle larcen! not DnoB Aecause "lanting
o1 the original Cudgment the dis"atch Aut 2 am "ointing to the 1act that that clari1ication chase o1 monthl! issue to larcen!
initiati;e Bhen the o11icer arri;es on the scene he sees Bhat he descriAes as a large grou" o1 "eo"le cease use are !ou
- 189/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!oung adult that Be talD )oAinson midteens i1 the! are sitting in close "ro/imit! to an standard in close "ro/imit! to
im"ortant the o11icer surrounding and emotionall! agitated Bere u"set Bith ?r. Coughlin Bho is in the seated "osition
and 1ranDl! surrounded the o11icer gets out o1 his ;ehicle maDes initial inquir! and some going Bithin less than 0 min. o1
Aeing on scene determines that is can a $at doBn ?r. Coughlin !ester hoBe;er testi1ied that in that 1irst cou"le minutes
o1 no more than 0 min. he Bas daEEled he Bas aAle to ascertain that ?r. Coughlin had a little Alog Bith them had a
Aic!cle that Bas not realisticall! in the o11icerFs mind an!, Bea"on and ?r. CoughlinFs Bearing shorts and ->shirt st!le
shorts the u"surge is not little "ocDet he did not see an! ;isiAle indication that ?r. Coughlin had a Bea"on o1 an! Dind or
Aias o1 an! Dind can Ae used as a Bea"on that Bould o1 the Aelts are in harm the o11icer testi1ied and 2 tooD care1ul notes
on the 6enate cross>e/amine on this he said that the Aasis o1 the "atdoBn search Bas Aecause ?r. Coughlin Bas in his
Bords not coo"erati;e A! not ansBers and questions and A! asDing a question in res"onse to the court o11icers question he
testi1ied that ?r. CoughlinFs demeanor Bas "art o1 the reason that a "attern DnoBn 1or Bea"ons and Be understand 1rom
the o11icer himsel1 o1 A! demeanor Bas reall! talDing aAout is the o11icer Aecame 1rustrated that ?r. Coughlin Bas 1iring
AacD Bith some rhetorical questions Bere someBhat trouAling that a right "hraseolog! Bhose o11ice Aut Bas asDing
o11icer i1 the authorit! to asD those questions and Aecause ?r. Coughlin had loose close that said Be cited cited statutes
and case on a motion under (7, ((00 an o11icer tracD Victor search cannot "ut his hands on the citiEen Auilder Aod! 1or
an! "ur"ose other than he reasonaAl! Aelie;es that tBo things are occurring one that ?r. Coughlin Bas 1ound at the
dangers Bhat is to that ?r. Coughlin is the thread the sa1et! o1 the o11icer another o11icer is Na"ster testi1ied that in a
decision to Bhat heFs testi1ied. Editors no other e;ident that e;idence Au!AacD the time to thinD that ?r. Coughlin either
added dangerous Bea"on Bas, thread is sa1et! o1 the o1 o11icers ?r. Coughlin could ha;e led in de1icit didnFt thinD it he
Bas a 1light risD all Be ha;e in this case is res"onding to an o11icerFs question Bith a question Aut rememAer that the
conte/t o1 that is that ?r. Coughlin do attainaAle A! himsel1 indicated he Bas a laB!er in the o11icer does Aelie;e he did
identi1! himsel1 as a laB!er and "ro;ide his Aar numAer
0:(7:(0 "m %Da! thatFs Beird Bhen =eslie 1irst asDed that question o1 Duralde it seemed liDe it Bas "ossiAle that it Cust
sli""ed "ast or Bas 1umAled o;er the Duralde didnFt actuall! it admit or ansBer the questions to Bhether Coughlin
identi1ied himsel1 A! name noB good 0, or 3, min. later =eslie "rett! much reiterates e/actl! that the meeting mistaDe in
that =eslie 1aith1ull! re"eats the nonres"onsi;e as"ects o1 that ansBer A! Duralde Bith res"ect to Bhether Coughlin
identi1ied himsel1 A! name that is "rett! much a clear indication that something 1unn! is going on thatFs Cust a little too
"er1ect or "er1ectl! im"er1ect such that it sets CoughlinFs case o1 ;er! ;er! "oorl! or Bin on a""eal he needs to estaAlish
that he did identi1! himsel1 A! name and sto" A! statute !et Bill Ae stucD Bith ones Bith =eslieFs clums! or rather "erha"s
"ur"ose1ull! clums! 1ailure to get an!thing on the record Bith res"ect to the 1act that Coughlin didnFt 1act "ro;iders entit!
o11 certain 1actors ha;e ;ideo o1 it =eslieFs inter1erence Bith CoughlinFs a Aottle right Bill or not sit cited as 1i;e including
=eslieFs insistence that Coughlin must Bai;e an! such right at the e/"ensi;e not Aeing it Bas to enter an! o1 these
e/cul"ator! ;ideos in e;idence is constitutional ;iolation 1urther =eslie arguaAl! did "re;ent Coughlin to testi1! at the
su""ression hearing the on Cust re1using to enter Bhere !ou lies such ;ideos and an!Ba! =eslie arguaAl! re1used to AooD
o11 on the Bitness stand. Both a coerci;e sense in and out right AlacD>and>Bhite sense o1 "ut me on the stand 2 Bant to Ae
"ut on the stand
=eslie the statutes indicated under N)6 (7, Bill and in and this is under the detentions statute shall identi1! himsel1 or
hersel1 Aut ma! not Ae com"elled to ansBer and. 2n these o11icer and so legall! ?r. Coughlin Bas 1ull! Custi1ied in
serenit! questions and identi1! so Bhich 2 Aelie;e Be heard Be did the o11icer also testi1! that there is good reasonaAle
lighting elseFs testi1ied that his 1rustration Bith ?r. Coughlin arose Ae1ore he conduct o1 hotel and 2 suggest to !ou that
that is rele;ant to determination o1 Bhether the ;er! ;ague and nons"eci1ic and articulaAle 1acts sBitch to the ;acant 1a/
the o11icer relied on "atdoBn or sim"l! rather reuse the o11icer testi1ied that the o11icers alter o1 (( or close (0 men the!
called as <oogleFs round ?r. CoughlinFs dis"ute aAout a small "ersonal item ?r. Coughlin identi1ies himsel1 Aut refuses
to answer further questions in full usti1ication under N)6 (7(.(03 8nd the o11icer got mad,
7a! to go 4im that the! reall! aB1ul "oint !our innocence. 8rt and a Coughlin re1used to ansBer an! 1urther questions
in a setting Bhere CoughlinFs com"liance or coo"erati;e ?s. goes right to the heart o1 the matter Bith res"ect to Aoth the
reasonaAle sus"icion and the "roAaAle cause 1or arrest !ou can Bear =eslie 3addad is "ossession o1 ;ideota"e Bherein
the )all tells Coughlin did not s"eaD an! 1urther and Coughlin did not re1use to ansBer an! questions "rior to the "oint o1
arrest Bhich argues in 1a;or o1 a 1inding that Coughlin Bas coo"erati;e and com"liant and nonthreatening =eslie did this
on a numAer o1 occasions he inserted "articularl! damaging G1actsG and the narrati;e regarding CoughlinFs Aeha;ior
demonstrated no real Aasis in realit! and its use 1urther underscoring the general a""earance here that this is a G6hoelessG
4im =eslie tr!ing this case 1or Coughlin. 4udge 61erraEEa notice this and "ointed out to =eslie that actuall! good night
Arie1 and rememAer =eslie hasnFt 1iled a single thing in this case Aut an!Ba! good night Arie1 actuall! "ointed this out
- 190/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ne;ermind the 1act that Bas Pau1man "ointed out good night Aut still good night Arie1 "ointed out that the o11icer told
Coughlin not to s"eaD an! 1urther an!Aod! DnoBs the )$D noticed that it !ou donFt e/actl! Bhat the! sa! the! Bill arrest
!ou 1or oAstruction and do a search incident arrest "roAaAl! go through !our smart "hone e;en i1 it has nothing to do Bith
the conduct the! are arresting !ou 1or#.
0:(9:,, "m
Cudge Bill 2 am.... 9our Arie1 indicates not that that the o11icers asDed man! questions "ut: Cust donFt talD an!more Bhich
is Cust the o""osite o1 Bhich are indicating toda!..
=eslie 2 thinD that the 1actual Aases o1 the motion !ou 1ile a motion to su""ress Aased on the 1a/es !ou understand 1rom
an! numAer o1 sources Aut as !ou indicated on ?onda! is motions ha;e to Ae decided a1ter !ou hear 1rom Bitnesses
;eri1! Bhat 1acts are !ou dealing BithI 0:(9:3+ "m#
<ood $oint 4im, that is Bh! Coughlin indicated he Banted to testi1! on his oBn Aehal1 and asD !ou to mo;e 1or a
continuance gi;en !our 1ailure to ensure that: -em"leton )oAert DaBson, Nicole 7atson, =uc! B!ington, )on )osa,
-anner Chan, 5.C <u!, etc., etc. -homas 8laDsa, etc. Bere there to testi1!....6cott 7eese, the other dis"atcher
?ontogomer!...!et =eslie re1use to call an! Bitnesses 1or Coughlin or alloB Coughlin to suA"oena an! Bitnesses =eslie
Bas surel! a great "air o1 handcu11s 1or the state on CoughlinFs de1ense.
=eslie and 2 thinD that the 1act that BeF;e heard here toda! 1rom the o11icer and not 1or ?r. <ood nightFs inter"retation o1
1acts in Briting her motion the o11icer himsel1 said 2 got 1rustrated Bith him and it Bas Ae1ore 2 did a $at doBn.
6ee, 4im, that is Bh! Coughlin demanded !ou asD questions o1 Duralde concerning issues liDe the one Cudge 61erraEEa
Cust "ointed out i.e. hoB could Coughlin Ae noncom"liant as to ansBering questions Bhen Duralde told Coughlin not to
talD an!more... Basic stu11 4im reall! im"ortant Aasic material stu11 that !ou are too arrogant careless negligence and
du"licitous to Ae Aothered Bith oh and sel1 concerned too#.
0:(9:+, "m *H09H(0 6u""ression 3earing#
Cudge Bill 2 understand it !ou said he has a question Bith a question
=eslie right
Cudge Aut he didnFt 1orce him to ansBer questions is that right 2 mean Bhat !ou had indicated earlier under the laB heFs
onl! required to gi;e his name and limited in1ormation and he did not need gi;e an! other in1ormation
=eslie and "art o1 m! "oint there is the o11icer con1irm the "art o1 the Aeha;ior o1 the de1endant that led the o11icer to it
conduct the "atdoBn 1or Bea"ons Bas that ?r. Coughlin ansBered the question Bith a question and BouldnFt ansBer
another question m! "oint is it N)6 (7(.(03 suAsection 3 sa!s that it detained "erson is oAligated to identi1! himsel1 Aut
is not oAligated ansBer an! 1urther questions hoB can o11icer Cust 1i;e "atdoBn search Bhen the suACect o1 that search is
Bhat Bithin their legal rights o1 the statuteI
4im, !ou still donFt get it 4im "a! attention !our client didn't refuse to answer another question he Bas told A! Duralde
not to s"eaD an! 1urther i.e. those are 1acts that BorD in !our clients cases 1a;or an! should tr! to use them rather than
remaDes the 1a/ to insert some 1act that her !our clientFs case unless, 4im, i1 !our are tr!ing to throB the case !ou are not
tr!ing to throB the case are !ou, 4imI#
4udge: Bell 2 understand that 0:0(:(, "m#
4im, Bhen 4udges sa! things liDe GBell, 2 understand that...G 7hat the! mean is that !ou didnFt reall! ansBer or res"ond
to the "oint or question the! Bere maDing rather !ou did Bhat !ou Aeen doing Bith Coughlin in !our meetings Bith them
Bhen !ou get to something that !ou either donFt understand or ha;enFt thought through ahead o1 time !ou rather than
admitting !oursel1 that !ou donFt an ansBer right aBa! and that !ou might ha;e to thinD !our Ba! through it and ma!Ae
e;en met !ou donFt DnoB the ansBer means Au!ers Bill him Aut that !our clients deser;e 1or !ou to at least tr! to 1igure it
out rather than runaBa! in 1ear o1 looDing 1oolish, choosing to sticD to 1amiliar territor! no matter hoB irrele;ant it is, i.e.
Bh! continue to har" on aAout hoB the o11icer canFt 1orce Coughlin ansBered questions Bhen the o11icer told Coughlin
not to talD an!more and didnFt asD him an! more questions at least Duralde didnFt )osa ma! ha;e, and that is Bhen he
BasnFt Aus! attem"ting to e/tort Coughlin A! threatening to call the 6tate Bar and Aadmouth him.H #.
=eslie so under the statute Bhich codi1ies Aasicall! the -err! doctrine
- 191/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cudge the "roAlem Bith -err! is !ouFre talDing aAout s"eci1ic articulaAle 1acts that he has a Bea"on. -err! talDs aAout
s"eci1ic articulaAle 1acts Bhich taDen together lead the o11icer reasonaAl! conclude that criminal acti;it! ma! Ae a1oot not
that he has a Bea"on
=eslie Bhat 2Fm talDing aAout though is the "atdoBn
Cudge 2 understand that ...Aut, !ouFre sa!ing -err! s"eci1icall! sa!s that he has to ha;e s"eci1ic articulaAle 1acts Bhich
taDen together lead the o11icer to reasonaAl! conclude ;ideos Bea"onsI
=eslie !es and i1 !ou looD at (7(.(030 the o11icer also has to reasonaAl! Aelie;e that he is armed Bith a dangerous
Bea"on and "oses a threat
Cudge that 2 understand. 2 Bas talDing aAout -err!. -err! itsel1..
=eslie could !ou restate the question 2 Bant to maDe sure 2 understand the court.
4udge the e/cer"t at "age 4 o1 !our Arie1
Transcript of "VIDEO0099 watson we saw you take a phone from a man" (length: 5:15)
Coughlin: looD !ou gu!s ha;e nothing to hide, rightI )ightI 9ou Cust tell me Bhat !ou saB.
DaBson: 2 ha;e nothing to hide Aut !ou...
Nate Zarate: 9ouFre done, dude.
Colton -em"leton: 9ou alread! DnoB Bhat can ha""en to !ou so Bh! do !ou ha;e to Dee" talDing Bith usI
Coughlin: oDa! so Cust tell me[ 9ou sa! !ou said !ou saB me "icD it u" o11 the groundI 7ho said thatI
Colton -em"leton: ,:(0 marD, Bhereu"on Nate Zarate starts getting aB1ull! 1idgeting and an/ious to shut an! o1 his
1riends u" Bho res"ond to an! o1 CoughlinFs questions# 2 did not sa! that. 2 Bas here, Aut 2 did not sa! that.
Zarate: mumAling under his Areath to -em"leton to his immediate right# no no no no no no no...
Coughlin: Bho said thatI 9ou said itI ?otioning to Nicole 7atson#
Nicole 7atson: Be saB !ou taDe a "hone 1rom a man and the "hone Bas not !ours. ,:00 marD, Bhereu"on Zarate is seen
on the ;ideo ste""ing in 1ront o1 7atson and GshushingF her and Ba;ing his arms to indicate danger or disagreement#
Zarate: donFt, donFt, donFt. 4ust donFt gi;e him an! 1ucDinF thing...
=uc! B!ington: 4ust sto" talDing.
Coughlin: Bhat do !ou ha;e to hideI <od, !ou are going to looD liDe !ou ha;e something to hide noB.
-em"leton: hoB Bas CailI
Coughlin: 2 Bill Ae ha""! to tell !ou on the Bitness stand.
Zarate: i1 2 ha;e to re"ort Bhat 2 saB in court then 2 Bill Aut 2 am not going to 1ucDing tell !ou an!thing.
-em"leton: "ointing had Zarate to -em"letonFs immediate le1t# he 1ucDing saB it all.
Coughlin: and Bhat is !our name motioning to Zarate#
Zarate: 2 am not telling !ou 2 do not ha;e to gi;e !ou m! name.
Coughlin: do !ou ha;e something to hideI
Zarate: 2 told the truth.
-em"leton: !ou BouldnFt gi;e the co"s !our name Bh! do Be need to gi;e !ou oursI ,:47 marD#
DaBson: he! laB!erI
Coughlin: !oung lad! motioning to Nicole 7atson#, !ou sounded liDe !ou Bere Billing to 1ind the truth. 9ou sound liDe
!ou didnFt ha;e an!thing to hide.
=uc! B!ington: Be are all against !ou...
Nicole 7atson: Bh! donFt !ou Cust go aBa!, oDa!, Be are ha;ing a good time. (:,+ marD#
Coughlin: Bell, oDa!, !ou said motioning to Zarate# that someAod! "icDed the "hone u" o11 the ground, Aut !ou said
motioning to Nicole 7atson# that someAod! got it 1rom a man, rightI
Zarate: gu!s Bant to Cust go letFs Cust go.
Coughlin so Bhich Bas itI 7hich Bas itI
-em"leton: donFt tri", dude.
Coughlin: Did someAod! get u" 1rom the ground or did someAod! get it 1rom a manI @(:,* marD#
Nicole 7atson: !ou DnoB Bhat ha""ened Bh! are !ou asDing usI 8t this "oint on the ;ideo -em"leton is re;ealed
holding his oBn smart "hone alo1t in a manner indicating that he himsel1 is 1ilming this interaction# (:(+ marD#
DaBson: he! !ou DnoB this is harassment, aAout...
Coughlin: Aecause, ma!Ae !ou gu!s need to "la! nice, or ho"e1ull! e;er!thing !ou "ut in that a11ida;it is com"letel!
true, otherBise thereFs "erCur! charges, coming !our Ba!, 1iling a 1alse "olice re"ort, Brong1ul arrest, 1alse im"risonment,
then thereFs the Bhole assault and Aatter! and gang acti;it!, !eah !ou all ganged u" on the Aridge !ou acted as the gang..
- 192/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DaBson: ha ha 3a and !ou hit our 1riend are !ou Didding meI (:30 marD#
-em"leton: Be Bere tr!ing to hel" our 1riend get his son AacD i1 !ou BouldF;e gi;en it AacD !ou BouldF;e gone to Cail and
Be BouldF;e had all this other stu"id should !ou DnoBs in !our "ocDet the Bhole time
DaBson !ou couldF;e Cust sBalloBed to 1ind out
Coughlin Bith a Aig secret aAout gi;e me !our nameI
DaBson 2 told !ou m! name
Coughlin: Bhat is it, )oAert DaBsonI
DaBson 9es, 6ir.
Coughlin: oDa! Bhat is !our nameI
Nicole 7atson: 2 donFt need to tell !ou.
Zarate: !eah.
Coughlin: Do you have anything you want to say to the 1udge? 0:,( marD#
Zarate: donFt sa! an!thing ...donFt. DonFt sa! an!thing.
Coughlin: BhatFs the Aig secret, Audd!I 9ou sound Dind o1 secreti;e.
=uc! B!ington: there is no 1ucDing secret.
Coughlin: Bhat are !ou so secreti;e aAoutI 21 !ou are so righteous and in the right "laceI 9ou gu!s ha;e alread!
contradicted !oursel;es. 9ou alread! contradicted !oursel1.
DaBson: do !ou got caught red>handed A! a co"
Coughlin to li;e,I Doing Bhat )oAertI 9ou seem liDe !ou are interested in truth
DaBson 2 am interested in should
Coughlin oDa! then -omm! Bhat ha""ened
DaBson: 2 saB called old "hone that clearl! Bas not !ours out o1 !our "ocDet as m!
CoughlinFs meeting "rior to that
DaBson 2 did 2 saB !ou graA the "hone
Coughlin 1rom BhereI
DaBson 1rom a man
Coughlin and Bhat did that man looD liDeI
DaBson: uh, long hair and a Aeard
Coughlin: oDa! and did that man sa! an!thing "rior theretoI
DaBson: 2 he asDed his "hone it Bas in !ou tooD it unlaB1ull!. 0:+3 marD in !ou descriAe Bhere he Bas#
Coughlin: can !ou descriAe Bhere he BasI
DaBson: right here motioning to area on east side o1 sDate "laEe in 1ront o1 the Cal>Ne;a "arDing garage directl! in 1ront
o1 the moAile o11ice structure ice rinD Ausiness o11iceI# located on the east side o1 the sDate "laEa#.
Coughlin: and did he, liDe, Bhich is liDe in a quite sotto ;oce ;oice# FBhose "hone is thisIFI
Nicole 7atson: no
DaBson: no he Bas !elling it 0:+9 marD#... 3e Bas !elling at
Coughlin: and Bere !ou aAout 3, 1eet 1rom him at that time, !oung lad!I motioning to Nicole 7atson#
DaBson the! are talDing immediate the talDing to me.
Coughlin oDa! still on )oAert 2Fm not interested in an!thing Aut the truth
DaBson Cuggled "hone it Bas unlaB1ull! it Bas unlaB1ul !ou tooD a "hone that Bas not !ours
Coughlin Bould !ou sa! 2 DneB Bas not mineI
DaBson aAsolutel!
Coughlin Bas it a unique i$honeI
-em"leton: no !ou said it Bas out "la!ed Aecause it Bas a 3<. 3:3, marD#.
Zarate: !ou ha;e that "hone.
-em"leton: !ou ha;e three "hones on !ou so Bhich one o1 those is stolenI
Coughlin: None o1 them, "artner.
...
Coughlin: oDa! so go ahead )oAert
DaBson: 2 said Bhat 2 Banted to sa!.
Coughlin oDa! Bell did !ou "ersonall! 2 Bitnessed in taDing a "hone 1rom !our 1riendI
Zach Coughlin: oDa! did !ou "ersonall! e!e Bitness me taDing a "hone 1rom !our 1riendI
)oAert DaBson: 8Asolutel!.
Nate Zarate: 2 did too. 2 did do.
Zach Coughlin: 1rom !our 1riendI 6traight 1rom his Aod!I
- 193/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Nate Zarate: no !ou tooD it...
)oAert DaBson: no !ou taDe it 1rom someAod! Bho Bas o11ering it 1or someAod!..
Zach Coughlin: and noAod! DnoBs Bho that "erson isI
DaBson no
Coughlin did an!Aod! hear Bhat Bas said AetBeen me and that "ersonI
DaBson: 5m... 2 heard him asDing his i$hone is this...
Nate Zarate:and then you went over there and then he didn't have it anymore.G 4:03 marD#
Coughlin: Did 2 ha;e on head"hones at that timeI
Colton -em"leton: No, the! Bere in !our "ocDet 4:09 marD#
Coughlin: and !ou Bere Batching me "rior to thatI 9ou Bere aBare o1 e/actl! Bhat Bas going on Bith meI
-em"leton: !eah Aecause m! 1riend asDed Bhere his "hone Bas to a Did Bho Bas sitting o;er there -em"leton ?otions
to the Best side o1 the sDate "laEa#...
DaBson: Aecause Be all ha;e i$hone so Be Bere checDing AetBeen all o1 our 1riends Bhose i$hone it Bas. -hatFs hoB
Be DneB it Bas !ou Bho tooD it 1rom the man...4:4' marD o1 V2DE%,,99# 4:49#
Coughlin: did !ou all go u" and talD to the gentleman Bhom !ou said G2 ha;e an i$honeG, or Bhate;er he said... "rior to
me going u" to himI
DaBson: 2 did and then he told me...
Coughlin: 9ou didI
DaBson: !es 2 did.
Coughlin: 9ou Bent u" and talD to him "rior to me going u" to himI
DaBson: !es 2 asDed them 1or the i$hone and
Coughlin: and 2 Aelie;e ...Bas this lad! nearA!I "ointing at Nicole 7atson#...
Zarate: DonFtK 7hat the 1ucDI =ea;e them out o1 this motioning to Nicole 7atson and =uc! B!ington#. DaBson: no
she BasnFt e;en a "art o1 this...+:,+ o1 V2DE%,,99#
-em"leton: the! Bere sitting o;er there in the grass.
Coughlin: oDa!, so !ou "ersonall! Bent u" and talDed to the gu! Bhat did !ou sa! to himI
DaBson: 2 said Fhe! BhereFs that i$honeF, and he "ointed to !ou....+:(4 o1 V2DE%,99#.
-here literall! is Aarel! a single statement A! an! o1 these sDater !ouths or %11icer Duralde that is com"letel!
true or that remains uncontradicted A! some later statement A! one contradicting themsel1, or A! media e;idence. -o Bit:
DaBsonFs statements in V2DE%,,99 contradict each other Bhere DaBson original claims to ha;e "ersonall! e!e Bitness
Coughlin GgraAAingG the "hone 1rom the man onl! 1or DaBson to later indicate that, GAecause Be all ha;e i$hone so Be
Bere checDing AetBeen all o1 our 1riends Bhose i$hone it Bas. -hatFs hoB Be DneB it Bas !ou Bho tooD it 1rom the
man...4:4' marD o1 V2DE%,,99#. -hat statement A! DaBson 1urther con1irms the e/tent to Bhich ZarateFs statements
on V2DE%,,99 indicate that Zarate Bas l!ing, under oath, at trial, and DaBsonFs oBn ;arious contradictor! statements
throughout V2DE%,,99 as to Bhether DaBson himsel1 G"ersonall! e!e BitnessedG Coughlin GgraAG the "hone 1rom a
man# Bhen he testi1ied that he G"ersonall! e!e BitnessedG in res"onse to a "ointed inquir! A! 4udge 61erraEEa asDing Cust
that# Coughlin GtaDe the "hone 1rom the manG, Bhen, on the ;ideo, Zarate states: Gand then you went over there and
then he didn't have it anymore.G 4:03 marD o1 V2DE%,,99#. 7hile, earl! in V2DE%,,99 DaBson asserts that he
G"ersonall! e!e BitnessedG Coughlin GgraA a "hone that Bas not !ours 1rom a manG, DaBson e;entuall! indicates: G2
said, Fhe! BhereFs that i$honeF, and he "ointed to !ou....+:(4 o1 V2DE%,99#. .urther -em"leton re;eals himsel1 to Ae an
o""ortunistic liar in V2DE%,,99: Bherein, initiall!, he admits that he did not Bitness Coughlin taDing an! "hone 1rom a
man onl! to later in the same ;ideo indicate the o""osite:
8t the ,:(0 marD o1 V2DE%,99: Coughlin: %Da!, so !ou sa! !ou saB me "icD it u" o11 the groundI -em"leton: 2 did
not sa! that. 2 Bas here, Aut 2 did not sa! that.# 3oBe;er, -em"leton contradicts himsel1 minutes later: Coughlin: Did 2
ha;e on head"hones at that timeI Colton -em"leton: No, the! Bere in !our "ocDet 4:09 marD# Coughlin: and !ou Bere
Batching me "rior to thatI 9ou Bere aBare o1 e/actl! Bhat Bas going on Bith meI -em"leton: !eah Aecause m! 1riend
asDed Bhere his "hone Bas to a Did Bho Bas sitting o;er there -em"leton ?otions to the Best side o1 the sDate
"laEa#... #. The point is, all these young people have demonstrated a marked willingness to lie as to whether they
saw something when really all they base their assertions on is hearsay, conjecture, and circumstantial inferences,
especially with regard to whether any of them actually saw Coughlin take or grab or receive a phone from a man
during the relevant time period. Rather than simply attest to what they actually "personally eye witnessed",
Goble, Zarate, Templton, Dawson take to the practice of the Reno Police Department, Officer Duralde, and DDA
Young, and remix the "facts" to suit their revenue drive, er, uh, the needs of "justice" (DDA Young is particularly
concerned about the "orderely administration of justice", so much so that he will do basically anything to prevent
- 194/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
from having to prosecute Coughlin with someone like Coughlin actually providing a zealous defense. DDA Young
has taken it upon himself to schedule a hearing on October 22nd, 2012 to get a "fourth bite at the apple" vis a vis
Coughlin's competency determination. (Coughlin just apparently passed his third round of Competency
evaluations, by a total of four mental health professionals, else, how could the Trial date of October 15th 2012
have been traded for cash and players to be named later in the middle of the night to WCPD Biray Dogan,
representing Coughlin (though Leslie claims to represent Coughlin on that case too, at least when it suits his needs
to so claim...like at the August 6th, 2012 "combo-MSC" that Leslie claims he went to and at which nothing but
Leslie's "advocacy" kept Coughlin out of jail for a "failure to appear", never mind the fact that Leslie's own legal
assistant Linda Gray admits that Coughlin was not noticed on the hearing in any way given the WCPD Office's
marked Coughlin's address, at the time (PO Box 3961, Reno, NV 89505) as "no longer good" and failed to send
Coughlin any sort of notice in that regard, not even email or fax, which Coughlin has previously demanded the
WCPD so copy via a digitally verifiable means, and "notice" or other communications (written or otherwise) to
Coughlin via email (which is free) and fax. The WCPD's Office has made like the RMC and carefully avoided the
use of email (and the RMC has, apparently, attempted to, sometimes by "Orders" by "1udge" Cassandra
1ackson, threaten Coughlin with incarceration if he emails the RMC, or even, renomunicrecordsreno.gov,
which is held out to the public for uses which arguably do not relate to the Reno Municipal Court's operation.
Further it is interesting to note that at the arraignment in the criminal trespass matter that stemmed from the
summary eviction order signed by 1udge Sferrazza in Reno Municipal Court case 11 CR 26405, on October 11th,
2011 (and despite fax headers and records propound, partially, by the Reno City Attorney's Office only much
later that clearly show ol Sargent Avansino of the Reno-Sparks Indian colony faxed the police report of the Wal-
Mart "candy bar thing", which 1udge Sferrazza somehow knows about and reference on the record in this iPhone
matter, from the arrest of September 9th, 2011, to the Reno City Attorney's Office on September 13th, 2011.
1udge Gardner, at the arraignment in the criminal trespass case, 11 CR 26406, on October 10th, 2011, however;
personally assured and guaranteed Coughlin that the Reno City ATtorney's Office, did not have that police
report, and would not have it, until after that arraignment...), 1udge William Gardner (brother to 1udge Linda
Gardner, whose April 2009 Order For Sanctions was cited by Washoe Legal 6er;ices as the Gsole reasonG 1or its
1iring Coughlin in ?a! 0,,9#, Bhom re1used to recuse himsel1 1rom that criminal tres"ass case des"ite his Aeing the
brother o1 6econd 4udicial District Court .amil! Court 4udge =inda <ardner Bhose 0,,9 %rder A! that "oint Bas then
an o11icial grie;ance Ae1ore the 6BN, and Bhich Bas the suACect o1 CoughlinFs 0,,9 $etition 1or 7rit o1 ?andamus in
+4*44#, and Bhere 4udge 7illiam <ardner had Aeen em"lo!ed as a "rosecutor 1or the )eno Cit! 8ttorne!Fs %11ice Cust a
scant tBo !ears "re;iousl!. -he 1olloBing e/change occurred on the record during that arraignment and it is included
here gi;en the marDed similarit! in tone and Bord choice "erha"s a 0,,*, Bith 0,(, 6u""lement GNe;ada CourtFs o1
=imited 4urisdiction Bench BooDG thing, "erha"s not# AetBeen Bhat the )?CFs 4udge <ardner indicates AeloB and that
Bhich 4udge 61erraEEa stated on the record in the i$hone matter, including that stated during the .aretta Can;as and ultra>
summar!, unnoticed quasi>?arsden GhearingG therein#:
3:,,:3, "m#
Cudge <ardner: did !ou get a chance to see the ;ideo toda!I
Coughlin !esterda! 9our 3onor.
4udge <ardner: !ou ha;e an! questions aAout !our constitutional rightsI
Coughlin !esterFs one 9our 3onor
Cudge <ardner go ahead.
Coughlin it seemed in the ta"e !ou Bent into situations Bhere indi;iduals re"resent themsel;es and !ou made a statement
aAout hoB itFs almost alBa!s a Aad idea
4udge <ardner: 2 thinD itFs alBa!s a Aad idea not ha;e a laB!er hoBe;er 2 understand that laB!ers not 1ree. 7e em"lo!
note, 4udge <ardner ma! ha;e said Ga""ointG, it is di11icult to discern 1rom the audio# laB!ers in our cases i1 Be Aelie;e
there is Cail time. D52s are mandator! Cail time domestic Aatterers are mandator! Cail time. 21 our re;ieB o1 the criminal
histor! o1 the charges leads us to the conclusion that the cit! attorne!Fs o11ice ma! seeD some Cail time than Be a""oint
laB!ers i1 2 donFt "oint a laB!er 2 maDe note that the court Bill not Ae im"osing an! Cail time and that the "unishment Bill
Ae 1ines or communit! ser;ice onl!.
Coughlin and those laB!ers are "uAlic de1endersI
<ardner no Be do not BorD Bith the $uAlic De1ender... 7e actuall! contract Bith 1our "ri;ate laB!ers Bhose AacDground
includes e/tensi;e e/"erience in criminal laB criminal laB Bho ha;e Aeen 1ormer Dist. 8tt!.Fs 1ormer "uAlic de1enders
and the! are that laB!ers Be canFt quicD sto" the "uAlic de1enderFs o11ice
Coughlin !ou said 1our o1 themI
<ardner: -hereF;e Aeen 1our di11erent ones.
Coughlin Can 2 DnoB their names
- 195/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<ardner: No, Be do not BorD that Ba! i1 Be gi;e !ou "uAlic de1ender Be gi;e !ou Bhoe;er Be sa! Be gi;e !ou in this
and 2 am not e;en sure Be are going to gi;e !ou one noB... Any other questionsI
Coughlin 2 Cust ha;e one more quicD question. 9ou said itFs almost alBa!s a Aad idea 1or indi;iduals to re"resent
themsel;es. DoesnFt that Dind o1 lead indi;iduals to not Bant to re"resent themsel;es
<ardner 2 donFt to get there a good idea to come the court Bhen are not a laB!er and !ouFre going to Ae e/"ected snoB the
"rocedural rules rules o1 e;idence all the laB to come to court Bith the cit! attorne!s do this e;er!da! out Bhate;er good
idea hoBe;er "eo"le are constitutionall! entitled to re"resent themsel;es in this countr! thatFs 1or sure
Coughlin BouldnFt the a;erage "erson Batching the ;ideo o1 the Cudge sa!ing GitFs almost ne;er a good idea to re"resent
!oursel1G [ -o ;ieB that then the!Fre "roAaAl! not going to do that
<artner Cust telling !ou. 7hat the! do is their Ausiness. 2 Cust thinD itFs almost ne;er a good idea to come the court
Bithout
a laB!er
Coughlin but when you say it's almost never a good idea to come the court without a lawyer couldn't that be
construed as legal advice you're giving them? (3:02:42 pm)
Gardner: No, it's not legal advice. I am telling you I don't think it's good advice to come the court without a
lawyer. It's not legal advice. Legal advice would be telling you what played enter. Legal advice to be telling you
whether you should testify or not. Legal advice be telling you what witnesses we should subpoena and those type of
things that would be legal advice. Any other questions?
Coughlin Cust one last question 9our 3onor. 21 !ou do re"resent !oursel1, thatFs not held against !ou is itI 3:,3:(3 "m#.
<ardner no, aAsolutel! not. No, no, no... not all "eo"le ha;e a right to do that and "eo"le come in the hearing re"resent
themsel;es all the time and thatFs their right. 2 ne;er hold that against an!Aod!, e;er, oDa!I Not to the charge Bho
arrested on 6e"temAer 9, 0,(( in charge o1 $etit larcen! alleged that !ou entered into and carried aBa! 1rom 7almart
"ro"ert! ;alued at less than L0+,, to that charge Bhat is !our "laceI
Coughlin not guilt!
Carter Bill Bill enter a "lea o1 not guilt! 1or !ou
Coughlin 2 am sorr!, 9our 3onor, 2 ha;e one more quicD question,
4udge <ardner a""ears to equate "legal advice" Bith that Bhich is considered an in;iolaAle right o1 indigent
criminal de1endants,, sa;e 1or the "art aAout indigents ha;ing an aAsolute right to sel1 re"resentation....7hile Gthe
attorne! Bho re"resents himsel1 has a 1ool 1or a clientG is a "o"ular so amongst Cudges, the "uAlic at large DnoBs o1
courts and him and "rosecutors than the "ro se "art!. -here is no large a "ain in the necD to Cudges, courts, an o""osing
counsel read "rosecutors# than a "ro se criminal de1endant. -he )?CFs 4udge Nash 3olmes and 4udge 3oBard 1ound
encountering such a situation so terriAl! u"setting that summar! contem"t incarcerations o1 a "ro se attorne! indigent
criminal de1endant Bere signed on to, des"ite the oA;ious lacD o1 terra 1irma incident thereto. 2t is im"ortant to note
4udge <ardnerFs statements in the criminal tres"ass matterFs arraignment at 3:,(:,,"m: G2 thinD itFs alBa!s a Aad idea not
ha;e a laB!er hoBe;er 2 understand that laB!ers not 1ree. 7e em"lo! note, 4udge <ardner ma! ha;e said Ga""ointG, it
is di11icult to discern 1rom the audio# laB!ers in our cases i1 Be Aelie;e there is Cail time. D52s are mandator! Cail time
domestic Aatterers are mandator! Cail time. 21 our re;ieB o1 the criminal histor! o1 the charges leads us to the conclusion
that the cit! attorne!Fs o11ice ma! seeD some Cail time than Be a""oint laB!ers i1 2 donFt "oint a laB!er 2 maDe note that
the court Bill not Ae im"osing an! Cail time and that the "unishment Bill Ae 1ines or communit! ser;ice onl!.G
4udge such as similar statements in this i$hone trial. 2t is "lainl! "reCudicial 1or 4udge 61erraEEa another Cudge
Bhose to quote that old chestnut the attorne! Bho re"resents himsel1 has o1 1ool 1or a client Bhere the court 1ails to
mention an! other commonl! held Bith some such as utiliEing a G$uAlic $retenderG ie, a $uAlic De1ender# is the quicDest
Ba! to Ae 1ound guilt! or or the general notion that the "uAlic de1ender draBs its "a!checD 1rom the same Bell that the
Dist. 8tt!.Fs %11ice gets its AeaD Bet in. Courts are going so 1ar as to endorse the "uAlic de1ender that e;en Cudge 1or %E
issued an order that seemed to rule that an!thing 4im =eslie Bould do in the 1uture in this case Bould Ae deemed e11ecti;e
assistance o1 counsel.
-his stated )?C "olic! di11ers 1rom that im"osed on Couglin in the G7al>?art cand! Aar thingG A! )?C 4udge
Penneth 3oBard in )?C (( C) 00(7', 1olloBing the con;iction rendered at the conclusion o1 the No;emAer 3,th, 0,((
-rial, Bhich 4udge 3oBard re1used to grant Coughlin a continuance 1rom des"ite the o""osing counsel in the summar!
e;iction matter that Cudge 61erraEEa heard in;ol;ing Coughlin a""l!ing an unlaB1ul rent distraint in ;iolation o1 N)6 ((*
8.+0,0 not onl! CoughlinFs clients 1iles and other materials essential to the "ractice o1 laB Aut to e/cul"ator! ;ideos
essential to the de1ense o1 CoughlinFs case in the 7almart cand! Aar thing trial ;ideos Bhich Bould ha;e shoBn and
e/"ress stated retaliator! intent A! 7almartFs loss "re;ention associate and management to ha;e Coughlin "unished
- 196/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
andHor Aanned 1rom 7almarts 1or his a""roach in taDing 7almart to tasD 1or the 1raudulent manner in Bhich it onl!
sometimes stands A! its return "olic!.
-his is interesting this 1ailure to grant a continuance in light o1 the 1act that the cit! o1 )eno Bas granted a
continuance o1 some si/ BeeDs uno""osed A! CoughlinFs then attorne! a""ointed A! the )?C =eB -aitel, Bhom
Coughlin arguaAl! Bas suing at the time gi;en Coughlin %ctoAer (9th, 0,(( laBsuit 1iled in CV((>,3,+( against Ne;ada
Court 6er;ices, the landlord, and others the 2.$ suAmitted Bith that 1iling and that suit has 1ailed to "roceed, at this
time#. 6till, -aitel undertooD CoughlinFs re"resentation, and sti"ulated to a continuance Aased u"on the same si/ BeeD
;acation o1 one )ichard <. 3ill, Esq. that 32ll maintains Bas the reason Bh! the )4C had a si/ BeeD Bait to schedule a
3earing on CoughlinFs No;emAer ('th, 0,(( ?otion to Contest $ersonal $ro"ert! =ien in )4C )e;0,((>,,(7,*, Bith
such 3earing onl! occurring on DecemAer 0,th, 0,((.#. 4udge <ardnerFs statements regarding the )?CFs decision as to
Bhether a court a""ointed attorne! Bill issue Bhere an indigent de1enant is in;ol;ed, di11ers 1rom those made A! )?C
4udge 3oBard in (( C) 00(7' concerning the same indigent criminal de1enant, Zach Coughlin. Curiousl!, 4udge
3oBard indicated, in ;iolation o1 the statement o1 8ingersinger in his oBn Bench BooD, that court a""ointed counsel
Bould not Ae "ro;ided Coughlin Bere the GliDelihoodG o1 Cail time Bas small, e;en though 3oBard "ut Coughlin in Cail
an!Ba!s, 1rom No;emAer 3,th, 0,(( through DecemAer 3rd, 0,(( 1or N)6 00.,3, Gsummar! contem"t committed in the
"resence o1 the CourtG, Bhich "ro;ided a mincing e/"lanation as to hoB such an incarceration CiAed Bith 4udge 3oBardFs
1ailure to "ro;ide criminal indigent Coughlin counsel in the de1ense o1 that 7al>?art cand! Aar -rial. 8lso, gi;en that
Couglhin actuall!, arguaAl! Bas alread! engaged in suing ci;il! the )?C a""ointed counsel that 4udge <ardner and the
)?C ultimatel! a""ointed Coughlin =eB -aitel, Ausiness "artners Bith Ne;ada Court 6er;ices, Bhom Bas a listed,
named "art! in the Brong1ul e;iction, etc. laBsuit Coughlin 1iled, or suAmitted a G"ro"osed Com"laintG 1or along Bith a
?otion to $roceed 2n .orma $au"eris, on %ctoAer (9th, 0,(( in CV((>,3,+(, Bhile -aitel Bas a""ointed shortl! a1ter
the %ctoAer (,th, 0,(( arraignment, and remained on the case Bell a1ter the %ctoAer (9th, 0,(( 1iling against -aitelFs
Ausiness "artners Ne;ada Court 6er;ices, and Bhere -aitel 1ailed to 1olloB )?C )ule +e# in his 1ailure to 1ile, in
Briting, a motion e/"laining the reasons 1or his BithdraBal though, gi;en the recent questionaAle ?otino to 7tihdraB
A! another o1 CoughlinFs )?C a""ointed de1enders, 3enr! 6otelo, !et another in a long line o1 ?c<eorge schooled
1ormer "rosecutorFs noB under contract Bith the )?C as Gde1enseG counsel, Bhom did oAe! or recogniEe N)6 (7*.4,+Fs
dictate that, u"on the 6e"temAer +th, 0,(0 %rder 1or Com"etenc! E;aluation A! 4udge 61erraEEa in ha;ing a 6e"temer
(*th, 0,(0 ?otion 3earing continued stemming 1rom a 4ul! 3rd, 0,(0 GdisturAing the "eace arrestG o1 Coughlin.
detailed immediatel! Cust AeloB#. 3oBe;er, 6otelo did not manage to Bait until the Com"etenc! E;aluation Bas
returned, as he 1iled, on 6e"temAer 3,th, 0,(0 a ?otion to 7ithdraB ;aguel! GthroBing under the AusG his client,
Coughlin, Bith allusions to something Coughlin Bishes to do liDe suA"oena a Bitness or the "olice re"orts that the )$D
re1erred to and then a""ointed Gde1enderG Peith =oomis 1ailed to oACect to on rele;anc! grounds, at the unnoticed 4ul!
+th, 0,(0 Aail hearing, Bherein cit! attorne! 4ill DraDe, Esq. cons"ired Bith )$D 6argent D!e and %11icer 8lan 7ea;er.
Consider )ichard <. 3illFs 8""lication 1or a $rotection %rder 1rom 4anuar! (0th, 0,(0 at Bhich time 32ll and the )$D,
and seemingl!, Ne;ada Court 6er;ices, managed to get Coughlin suACect to a custodial arrest and more cash graA GAailG#
1or GCa!BalDingG...and Bhen Coughlin Bas Aailed out (0 hours later, )$D %11ier NicD Duralde, along Bith + o1 o1 his
close 1riends on the )$D 1orce, "ulled Coughlin o;er shortl! a1ter midnight to hassle and intimidate Coughlin 1urther,
Bhile Aeing ;er! Bell "aid to do so, Bith a handsome Aene1its "acDage to Aoot Bell, the! did com"lete a long hard G(9
BeeDs o1 trainingG...-hat is called 1irst semester o1 o1 college Bhere Coughlin Bas raised and "atent attorne! CoughlinFs
1irst semester o1 college at the 5ni;ersit! o1 7ashington, a1ter graduating 1rom )eno 3igh 6chool Bith a 3.9 g"a, a
National ?erit .inalist, and )eno 3ighFs all>time leading scorer in AasDetAall# consisted o1 a lo;el! time s"ent stud!ing
Chemistr!, Calculus 22, and 8Anormal 3uman Beha;ior Bith all the other medical school BannaAe gunners Bhile li;ing
on to" ramen and AaDed "otatoes, drenched in rain, and maDing es"ressos or sandBiches in the 5Fs ca1eteria "art>time#,
much less 1irst semester o1 laB school in an aAandoned grade school at a then unaccredited laB school in Vegas,
BorDing the ' to midnight shi1t at the laB liArar!Fs 1ront desD .rida! through 6unda!, li;ing in a con;erted
garage#...though DD8 9oung and Duralde Aelie;e Ge/"erience and trainingG essentiall! "ro;ides a AlanD checD 1or
Duralde to 1eel "enises, maDing sna""! GhoBFs thatG tag lines Bhile ruining a "ro1essionalFs career and re"utation, not to
mention his "ersonal and 1amil! li1e, to sa! nothing o1 the 1inancial de;astation Brought...# against Coughlin 3ill sli"s u"
and claims that Coughlin Bas GclimAing on the contractorFs trucD, "icDing through the contentsG AacD at CouglinFs 1ormer
home laB a1ter the interaction at the Gtrans1er stationG toBn dum"#, Bhereas 3illFs contractor indicated in his 811ida;it
that the alleged GclimAingG on his trucD occurred at the Gtrans1er stationG. 3oBe;er, Aoth 3ill and his contractor, $hil
6teBart indicate that the )eno $olice De"artment GrequestedG that 3ill 1iled a $rotection %rder 8""lication against
Coughlin. 21 that is true, its im"ro"er. -he )$D can "ro;ide indi;iduals in1ormation aAout seeDing one, Aut Bhen the
)$D goes a ste" 1urther and starts urging indi;iduals to 1ile "rotection order a""lications, or, as has recentl! Aeen the
case Bith )$D %11icer 8lan 7ea;er and 6argent %li;er ?iller, Bhom, u"on in1ormation and Aelie1, urged NorthBindFs
a"artment maintenance man ?ilan PreAs to sign a 1raudulent criminal com"laint against Coughlin 1or GdisturAing the
- 197/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"eaceG on 4ul! 3rd, 0,((, and again urged 6u"erior ?ini 6torageFs ?att <rant to sign a similar Aaseless GdisturAing the
"eaceG criminal Com"laint against Coughlin on a""ro/imatel! 6e"temAer 0(st, 0,(0 then there is more than a little
indication that the )$D is out o1 control and attem"ting to incite memAers o1 the "uAlic to sign 1raudulent criminal
com"laints Aased u"on a retaliator! animus A! the )$D toBards Coughlin. %11icer 7ea;er and 6argent D!e shoBed u"
to an unnoticed 4ul! +th, 0,(0 Aail hearing 1or Coughlin, "resided o;er A! 4udge =inda <ardnerFs Arother )?C 4udge
7illiam <ardner Bhom recei;ed CoughlinFs timel! Notice o1 8""eal o1 the criminal tres"ass con;iction, under N)6
(*9.,(,, !et 1ailed to 1orBard it on to the District Court, Bhich someBhat recentl! dismissed CoughlinFs a""eal in that
matter, Bherein 6argent D!e and %11icer 7ea;er testi1ied under oath, Bith Cit! 8ttorne! 4ill DraDe singing AacDu", the
the e11ectd that, des"ite Aail onl! Aeing ;alid Aased u"on one reason in Ne;ada to secure the de1endantFs attendance at
trial# the G"uAlic health and sa1et!G dictated increasing the cash required to Aail out Couglin -EN.%=D, 1rom a AondaAle
L(,4(+ to a C863 %N=9 L3,,,,. Consequentl!, u"on 4udge <ardner so im"ermissiAl! raising CoughlinFs Aail, alleging
a G"uAlic health and sa1et!G rationale 1or so doing, Couglin Bas 1orced to s"end (* da!s in Cail, Bherein the o""ortunit!
to timel! contest the L4,,,+, attorne! 1ees aBard to )ichard 3ill incident to the summar! e;iction a""eal ran, all Bhile
Coughlin Bas denied an! o""ortunit! to access Custice or 1ile documents 1rom Cail, and Bhere Coughlin sustained
sign1icant damages, 1inancial and otherBise, and Bhere the Cail re1used to trans"ort Coughlin to a hearing on a landlord
tenant matter Bherein he Bas a named "art!. -he e/tent to Bhich local laB en1orcement is Billing to "la! GDicD the canG
Bith an attorne!, "articularl! Bhere Bar Counsel $at Ping is so Billing to Coin the chorus, is trouAling, and indicates the
Cudiciar! need issue a clarion call out to announce the e/tent to Bhich such misconduct can not, and Bill not, Ae tolerated.
6uch a retaliator! animus toBards Coughlin A! the )$D is liDel! due to his 6e"temAer 7th, 0,(( Com"laint Bith res"ect
to a Brong1ul, retaliator!, and 1raudulent arrest A! )$D %11icer Nicholas Duralde, Bhich Bas accom"anied A!
e/tortionate threats A! )$D %11icer )on )osa that i1 Coughlin didnFt coo"erate the! Bould Gcall the Ne;ada Bar and let
them DnoB hoB !ou coo"erated Bith our in;estigation. How's that runninF 1or !aIG 7hile Duralde testi1ied that he did
not hear or recall )osaFs coerci;e threats to Coughlin Cust "rior to the arrest, the 1act that Duralde echoed those threats A!
sa!ing GNoB, 2 can arrest !ou 1or larcen!. NoB, 2 can do a search incident to arrest. How's thatIG tends to undermine
DuraldeFs contention that Ghe doesnFt recallG hearing an!thing liDe Bhat %11icer )osa Bas ca"ture on ta"e sa!ing to
Coughlin Cust "rior to the arrest. 5"on maDing a .ourth 8mendment ;iolating arrest com"letel! lacDing in "roAaAle
cause, and smugl! GCoDingG to Coughlin aAout the GAene1itsG associated Bith charging Coughlin Bith a G1elon!G, at the
time o1 the 8ugust 0,th, 0,(( arrest, the 1elon! larcen! amount limit Bas L0+, and aAo;e# com"ared to a misdemeanor
under some hal1 AaDed Ggrand larcen!G o1 an allegedl! lost or mislaid or aAandoned three !ear old i$hone 3< that the
alleged ;ictim testi1ied Bas onl! then Borth GaAout L*,>(,,G on eBa! or Craigslist#, ie, search incident to custodial arrest
"ossiAle Bhere "roAaAle cause lacDing to arrest, or e;en reasonaAle sus"icion missing to do a "at doBn, Bhere alleged
crime occurred outside o11icerFs "resence, a1ter 7 ".m., and no citiEens arrest immediatel! e11ectuated, "articularl! Bhere
Coughlin himsel1 made a 9(( call "rior to %11icerFs arri;ing and Bhere ;ideo 1rom minutes "rior to o11icer arri;ing re;eal
Coughlin suggesting the *>(0 hostile late teens to earl! tBenties sDater Aoarders rela/, sta! "eace1ul, re1rain 1rom
assaulting and Aattering Coughlin, and Bait 1or the "olice arri;e so a laB1ul, "eace1ul resolution could Ae attained Bith
Coughlin e;en cautioning the !ouths aAout a then recent tragic death occurring not 1ar 1rom that location#.
.urther, 4udge 7illiam <ardnerFs res"onse to another o1 CoughlinFs questions at the %ctoAer (,th, 0,((
arraigment in the 7al>?art case, (( C) 00(7' later heard A! 4udge <ardner on No;emAer 3,th, 0,((# is rather
interesting:
<ardner: No, we do not work that way i1 Be gi;e !ou "uAlic de1ender Be gi;e !ou
Bhoe;er Be sa! Be gi;e !ou in this and 2 am not e;en sure Be are going to gi;e !ou one
noB... Any other questionsI
Coughlin 2 Cust ha;e one more quicD question. 9ou said itFs almost alBa!s a Aad idea 1or indi;iduals to re"resent
themsel;es. DoesnFt that Dind o1 lead indi;iduals to not Bant to re"resent themsel;es
<ardner 2 donFt to get there a good idea to come the court Bhen are not a laB!er and !ouFre going to Ae e/"ected snoB the
"rocedural rules rules o1 e;idence all the laB to come to court Bith the cit! attorne!s do this e;er!da! out Bhate;er good
idea hoBe;er "eo"le are constitutionall! entitled to re"resent themsel;es in this countr! thatFs 1or sure
Coughlin: 7ouldnFt the a;erage "erson Batching the ;ideo o1 the Cudge sa!ing GitFs almost ne;er a good idea to re"resent
!oursel1G [ -o ;ieB that "re>arraignment ;ideo 1eaturing 4udge <ardner ominousl! stating that it is Galmost never a
good idea to re"resent !oursel1G then the!Fre "roAaAl! not going to do that..
<ardner: 2 am Cust telling !ou. 7hat the! do is their Ausiness. 2 Cust thinD itFs almost ne;er a good idea to come the court
Bithout a laB!er.
Coughlin Aut Bhen !ou sa! itFs almost ne;er a good idea to come the court Bithout a laB!er couldn't that be construed
as legal advice !ouFre gi;ing themI (3:02:45 pm)
- 198/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<ardner no itFs not legal advice. 2 am telling !ou 2 donFt thinD itFs good advice to come the court Bithout a laB!er. 2tFs
not legal advic e . Legal advice Bould Ae telling !ou what plea to enter. Legal advice Bould Ae telling !ou whether
you should testify or not. Legal advice Ae telling !ou what witnesses we should subpoena and those t!"e o1 things
that Bould Ae legal advice.
2t is interesting that the ;er! same da! that DD8 9oung and Dogan held their clandestine status con1erence in
)C)0,(0>,'+'3,, and 4udge Cli1ton signed and had 1ile stam"ed at (:3( "m an %rder 1or Com"etenc! E;aluation a1ter
a 3earing "resided o;er A! 4udge 6chroeder, that the 8dministrati;e 4udge o1 the )?C, De"artment 0Fs 4udge 7illiam
<ardner the Arother o1 .amil! Court 4udge =inda <ardner, Bhose 8"ril 0,,9 %rder 81ter -rial in the 4oshi di;orce
matter Bhich s"aBned a $etition 1or 7rit o1 ?andamus A! Coughlin in Coughlin ;. 6econd 4udicial D. Ct. +4*44##
trans1erred the criminal case stemming 1rom CoughlinFs 4anuar! (0th, 0,(0 custodial arrest 1or Ca!BalDing in )?C (0
C) ,,'9' to )?CFs De"artment 3, 4udge Nash 3olmes, li1elong "rosecutor and 1ormer Ne;ada De"artment o1
Corrections 8dministrator, Bhom sentenced Coughlin to + da!s in Cail 1or Gsummar! criminal contem"tG 1olloBing her
a""risal o1 CoughlinFs GanticsG and the (:3( "m %rder 1or Com"etenc! E;aluation stemming 1orm the clandestine status
con1erence in )C)0,(0>,'+'3,, u"on 4udge Nash 3olmes "ersisting on Bith that traffic citation matter rolling sto"
incident to Aeing told to lea;e )ichard <. 3illFs o11ice on No;emAer (+th, 0,(( A! )$D 6argent -arter# at 3:,, "m
.eAruar! 07th, 0,(0 in (( -) 0'*,, u"on her adminstrati;e or Cudicial assistant 1inall! Aeing aAle to ascertain 4udge
Nash 3olmeFs BhereaAouts gi;en that the trial Bas set 1or (:,, "m that da!, Bhich Bas to Ae in con1lict Bith the
clandestine status con1erence AetBeen DD8 9oung and Dogan that Bas set 1or (:3, "m that da!, and 1or Bhich
Coughlin Bas noticed in Briting had Aen reset to ?arch 09th, 0,(0 gi;en such con1lict, Aut 1or Bhich DD8 9oung and
Dogan could not contain their retaliator! Eeal, incident to an atmos"here Bhere their e/cesses a""arentl! go unchecDed,
Bhereu"on the! held their clandestine status con1erence outside DoganFs client CoughinFs "resence# that the 6tate Bar o1
Ne;adaFs $at Ping re1erences in his recent 6BN ;. Coughlin 6C) (,+ Com"laint Bhich com"rises three grie;ances
against Coughlin, including N<(0>,0,4 "remised u"on )ichard <. 3ill, Esq.Fs 1ormal grie;ance against Coughlin in a
4anuar! (4th, 0,(0 letter, Britten immediatel! a1ter 3illFs ;ieBing CoughlinFs 1iling in the Car"entier ;.
8amesH@=6H)C6 1oreclosure de1ense matter, Bherein Coughlin e/"lains the e/igenc! o1 his 1iling, on 4anuar! (3th,
0,(0, u"on Aeing released 1rom his tri" to Cail 1or Ca!BalDing, Bhich Bas 1olloBed almost immediatel! A! )$D %11icer
Duralde and 1i;e other o11icerFs "ulling Coughlin o;er shortl! a1ter midnight to intimidate and hassle him en masse,
Bhich Bas 1olloBed less than 3' hours later A! a second custodial arrest in tBo da!s o1 Coughlin, this time 1or Gmisue
o1 9((G, Aoth ordered A! )$D 6argent 6i1re, Bhom ironicall! Bas a "ro se 1oreclosure de1ense litigant in a "uAlished
decision, 6i1re ;. 7ells .argo , and Bhich is the Aasis 1or one o1 DD8 9oungFs other retaliator! "ersecutions, er,
"rosecutions o1 Coughlin in )C)0,(0>,'+'3,. 3oB interesting it is that Bhen 4udge <ardner issues a list o1 suACects
1or Bhich his issuing Gad;iceF Bould Ae tantamount to Ggi;ing legal ad;iceG he mentions e/clusi;el! those rights o1
criminal de1endantFs that are considered Gin;iolaAleG though 1im Leslie seems to either thinD such rights are Gin;iaAleG
or otherBise taDe issue Bith the Bhole Gright to testi1! or notG thing, re1using to "ut on e/cu"lator! ;ideos 1or an!
"ur"ose unless Coughlin agrees to testi1! as to their 1oundation and authenticit!, and thereA! gi;e DD8 9oung all the
G!ou o"ened the doorG ro"e he needs to asD Coughlin aAout, "rett! much an!thing that e;er ha""ened, e;er, in
CoughlinFs li1e, under oath.
.rom 0,,7 to 0,,9, Couglhin Bas a domestic ;iolence legal aid attorne! 1ired A! 7ashoe =egal 6er;ices, citing
as the Gsole causeG an 8"ril 0,,9 %rder .or 6anctions A! .amil! Court 4udge =2nda <ardner leading to CoughlinFs 1iring,
des"ite 4udge =inda <ardner ha;ing gi;en CoughlinFs "er1ormance a 1a;oraAle re;ieB to 7=6Fs E/ecuti;e Director $aul
Elcano u"on his inquiring Cust a cou"le months "re;iouls! in .eAruar! 0,,9. -o the e/tent )?C 4udge 7illiam <ardner,
the Arother o1 .amil! Court 4udge <ardner, re1used ot recuse himsel1 1rom a recent criminal tres"ass case in Bhich
Coughlin Bas con;icted, Bhich in;ol;ed 7=6Fs neB 6i/th 8mendment den!ing EC) attorne! =eB -aitel, Bhom is
Ausiness "artners, a""arentl! Bith Ne;ada Court 6er;ices, Bhich regularl! tres"assed into CoughlinFs gated AacD !ard o1
his 1ormer laB o11ice, continues to "ractice the unauthoriEed "ractice o1 laB 1or landlords, and managed to get Coughlin
arrest at least once, i1 not se;eral times in the "ast !ear, through its 1raudulent aAuse o1 "rocess, then there is the 7CD8
continuing to "rosecute Coughlin Bhere "roAaAle cause is lacDing and ElcanoFs "re;ious statements that the D8 ;ieBed
Elcano as Gthe onl! "erson he Bould trust BithG an EC) earl! case resolution "rogram the suACect o1 a "ending Ne;ada
6u"reme Court case not in;ol;ing Coughlin# "rogram such as that recentl! "ut in "lace in the 6econd 4udicial District
Court. %h, and the same 7C6% De"ut!, ?achen, Bould 7C6% 6u"er;isor 6tuchell admits 1alsel! attested to ha;ing
G"ersonall! ser;edG the 6ummar! E;iction %rder u"on Coughlin a Coughlin ; ?erliss noB on a""eal Ae1ore this Court
as Bell#...Bell De"ut! ?achen arrested Coughlin on 4ul! 3rd, 0,(0, Bith -aitelFs "artners Ne;ada Court 6er;ices into
and NC6 Cust ha""ened to dri;e A! on No;emAer (0th, 0,(( Bhen Coughlin Bas arrested 1or criminal tres"ass an in a
"atrol car, at the 1ormer home laB o11ice he Bas im"ermissiAl! e;icted 1rom in a summar! "rocedure, gi;en the non>
- 199/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"a!ment o1 rent Bas neither "led nor alleged o1 such a commercial tenant, etc...N)6 4,.0+3. %h, also, it Bas 7C6%
De"ut! ?achen Bho managed to 1ail to com"l! Bith the -rial CourtFs 2.$ %rder requiring the 7C6% to "er1orm ser;ice
o1 "rocess o1 the 6ummons and Com"laint in CoughlinFs Brong1ul termination laBsuit against 7=6, Bhere an 2.$ Bas
granted. -he 7C6% demonstrated a Bill1ul 1ailure to "er1orm its dut! in curiosu "ro/imit! to CoughlinFs com"laints
regarding the 1alacious 811ida;it o1 6er;ice 1iled A! ?achen ;is a ;is the G"ersonall! ser;edG 6ummar! E;iction %rder at
CoughlinFs 1ormer home laB o11ice and the concomitant custodial arrest and con;iction o1 Coughlin 1or criminal tres"ass,
and all the 6oldal ;. CooD Count! and 7heeler ;.Coss distaste1ulness "resent therein. -he 1act that the circumstances
detailed in the 6C) ((7 $etition 7=6Fs attorne! 4ose"h <arin tacDil! re1ers to in 1ilings Bithe the NV 6. Ct. in;ol;ed a
tra11ic citation 1or a Cali1ornia )oll 1ailure to come to a com"lete sto"# incident to CoughlinFs attem"ting to retrie;e his
Ballet and dri;erFs license much less e/cul"ator! ;ideos necessar! to the de1ense o1 CoughlinFs G7al>?art cand! Aar
thingG trial, 1rom )ichard <. 3ill, Esq.Fs laB o11ice 32ll Aeing the landlordFs attorne!# u"on Coughlin Aeing released
1rom three da!s in Cail suACect to a custodial arrest 1or criminal tres"ass at his 1ormer home laB o11ice, des"ite 3ill,
?erliss, and the 7C6% 1ailing to 1olloB the laB under N)6 4,.4,,, N)C$ 'e#, and N)C$ +A#0#.
Coughlin holds the record in Ne;ada 2nterscolastic 8thletic 8ssociationFs Bo!s BasDetAall )ecord BooD 1or
Aeing aBarded the most 1ree throBs in a career and in a season. 3oBe;er, not all Bere gi;en the scouting re"ort on his
"um" 1aDes Ae1ore the e;ents since, sa!, 8ugust 0,((, and reall!, e;en i1 the! Bere, so 1olDs are Cust too CacDed u" Bith
Banting to AlocD a "la!erFs shot to DnoB Bhen to sta! on the ground. 8lso, Ae1ore )oAert DaBson Aecame aBare that
there e/isted a ;ideo o1 the arrest and the rele;ant incident he demonstrated in ;ideo ,,99 the e/tent to Bhich he Bas
Billing to 1urther the 1raud "er"etuated A! Cor! <oAle and 8ustin =icth! Bith res"ect to the manu1actured allegations
that Coughlin GsocDed a minorG DaBson: ha ha 3a and !ou hit our 1riend are !ou Didding meI (:30 marD# u"on Couglin
in1orming the !ouths o1 the serious charges their 1raudulent and ;iolent conduct ma! incur#.
.urther 8nd DD8 9oung Bas "ro"ounded all o1 these ;ideos and still "ut on and suAorned the "erCur! is
testimon! A! Zarate and DD8 !oung should Ae held in contem"t and a""ro"riatel! sanctioned 1or doing so and to the
e/tent he is not the legal "ro1ession and the Cudicial "rocess is this merged in the e!es o1 the "uAlic and Bill Ae ;ieBed as
com"romised, to Ae ;er! ;er! sure. DD8 !oung ma! ha;e claimed in court on the record that he Cust doesnFt ha;e time
to read all the e>mails Coughlin sent him Aut there is !et to Ae an! indication that DD8 !oung Cust doesnFt ha;e time to
catch the generous "a!checD that the count! "a!s him L(0,,,,, a !ear "lus L4+,,,, in Aene1its to an attorne! Bho could
not command an!Bhere near that "remium in the "ri;ate sector nor Bho Bould enCo! an!Bhere near the largesse
a11orded to him as a re"resentati;e o1 the district attorne!s o11ice. DD8 9oung is drunD on the "osition o1 "oBer he
enCo!s Bith the 7CD8 here and liDe an! CunDie he has gotten slo""! and recDless in his dissi"ation, and could use a
touch o1 tough lo;e at this "oint, or a good Gcome to 4esus talDG. 6ame goes 1or o11icer Duralde.
8t the 4:3* marD, -em"leton is seen on the ;ideo motioning at the "oint Bherein -em"leton states G!eah,
Aecause m! 1riend asDed Bhere his "hone Bas to a Did Bho Bas sitting o;er there...G# to the Best side o1 the sDate $laEa in
1ront o1 )eno Cit! 3all 1urther con1irming the testimon! A! Zarate the! <oAle Bas on the o""osite side o1 sDate $arD
1rom Bhere <oeAel had "ur"ortedl! said his "hone doBn on a ledge, des"ite the 1act that there a""ears to Ae no ledges
an!Bhere near Bhere the rele;ant e;ents tooD "lace. $erha"s itFs a case o1 alleged sounding liDe a more thought1ul "lace
to "lace oneFs i$hone then on the ground in the doBntoBn sDate $laEa late on a 6aturda! night in )eno, Ne;ada# and
"resumaAl! re1erencing 5.C gu! Bhom <oeAel testi1ied as Aeing the "erson Bhom he a""roached inquired as to Bhere
his "hone Bas, Bhereu"on <oAle indicated he Ginstantaneousl!G a""roached Coughlin, Bhom <oeAel admits Bas not
attem"ting to 1lee immediatel! turn some "ortions o1 his testimon! onl! tBo remi/es testimon! later in an attem"t along
Bith Zarate to maDe it seem as though Coughlin Bas attem"ting to 1lee Bith the "hone "rior to an!one con1ronting. Both
<oeAel and Zarate seem to "icD u" on the 1act that Bould Ae a De! issue i.e. the e/tent to Bhich Coughlin lingered around
a1ter allegedl! recei;ing the "hone or Bhether Coughlin attem"ted to 1lee immediatel! suggest an e11ort to 1lee or other
larcenous intent Aeing demonstrated A! Coughlin.
5"on <oeAel and Zarate discerning the im"ortance o1 such "otential 1actual indications their testimon! quicDl!
mor"hed into a remi/ed ;ersion Bhere and the suggestion that Coughlin ma! ha;e attem"ted to lea;e immediatel! a1ter
allegedl! recei;ing the "hone Bas onl! then introduced. Coughlin has time and again indicated to =eslie in the Bash
canFt "uAlic de1enderFs o11ice that Aoth B!ington and in 7atson Bould Ae "articularl! material Bitnesses this regard 2
ha;ing 1irsthand "erci"ient e!eBitness DnoBledge o1 the 1act that Coughlin did not recei;e the "hone onl! to immediatel!
attem"t to 1lee Aut rather lingered around the scene 1or no less than 9, seconds maDing a cou"le la"s "assed Aoth 7atson
and B!ington Bhere the! Bere stationed near the east side o1 the sDate sDate $laEa Cust Best o1 the moAile o11ice structure
constructed therein, near the "oint Bhere )oAert DaBson can Ae seen on ;ideo ,,99 indicating Bith the location Bhere
the man Bith the si/"acD held alo1t the "hone and o11ered it onl! to then threaten to throB it in the )i;er and Nicole
- 200/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7atsonFs admission as to hearing this 1act is ca"tured on audio ta"e onl! that has Aeen "ro;ided to Aoth DD8 !oung and
the "uAlic de1enderFs o11ice. Due to the ;agaries o1 smart "hones and other digital recording de;ices in e/igenc! o1 the
circumstances Coughlin Bas carr!ing as con1irmed A! -em"leton statements and radio ,,99 a numAer o1 recording
de;ices during the 1ilming o1 these in;estigator! ;ideos and audios to insure no data Bas lost through equi"ment
mal1unction. -he "ortion o1 these materials Bere and Nicole 7atson admits to hearing a man threatened to throB the
i$hone in the )i;er Bas ca"tured on an audio recording de;ice onl! set audio Bas "ro;ided to Aoth the "rosecutor and
"uAlic de1enderFs o11ice. 8nd Coughlin is indicated that B!ington Bas standing directl! ne/t to 7atson at all rele;ant
times therein and the "uAlic de1enderFs o11ice has nonetheless re1used to suA"oena losing B!ington either or "ro;ide an!
real indication as to Cust Bhat e11orts Bere made to ser;e a suA"oena u"on Nicole 7atson and 1urther the "uAlic
de1enders o11ices committed misconduct and attem"ting to throB Coughlin under the Aus A! asserting some lame e/cuse
as to Bh! it re1used to assist Coughlin in an! Ba! and ha;ing 7atson ser;ed A! an a""ro"riate ser;er "rocess#. 2n
contradiction to ZarateFs testimon! that Zarate in1ormed <oeAel as to Bhere his "hone Bas
and GV2DE%,(,,G in that regard "articularl! in light o1 the 1act that his 1alse statements to o11icer Duralde resulted in the
arrest o1 Coughlin se;en da!s in Cail and untold agon! and destruction to CoughlinFs "ersonal and "ro1essional li1e.
Coughlin has Aarel! s"oDen to his mother or 1ather or sisters since the arrest, the arrest has Aeen re"orted to the 6tate Bar
o1 Ne;ada Bhich is 1iled or attem"ted to 1ile a com"laint Aased in "art u"on that ;er! arrest and the charge the suACect o1
this trial. But 4im =eslie Bho Bas "aid L((+,,,, !ear "lus another L4,,,,, Aene1its Bhich actuall! "ails com"ared to
Bhat the !ounger 6argent $aul 6i1re maDes, and Bhom arrested Coughlin tBice in a 4* hour. 2n 4anuar! Bants 1or
Ca!BalDing in another time 1or the gross misdemeanor o1 misuse o1 9((, a case 1or Bhich =eslie also re"resents Coughlin
on in )C)0,(0>,'+'3,, along Bith Bira! Dogan it is hardl! 1air to limit the inquir! as to an! con1lict AetBeen =eslie
and Coughlin to onl! matters Bhich stem 1rom this case Bhen =eslie seeDs to Cum" in on the tBo other cases and maDe
arguments directed toBards the totalit! o1 the circumstances o1 CoughlinFs interactions Bith the Custice court. 7hatFs good
1or the goose is good 1or the gander and i1 =eslie and 9oung can maDe their totalit! o1 the circumstances are manFs
mission to de"ri;e call an right to re"resent himsel1 or to acce"t a "leading Coughlin should Ae aAle to "oint to =eslieFs
misconduct 1ailure to communicate Bith his client andHor to demonstrate reasonaAle diligence are com"etence in
connection Bith his BorD on an! o1 the three cases o1 CoughlinFs to Bhich he is attached. -his includes the 1ailure to
noti1! Coughlin in an! Ba! o1 the ?6C on DnocD in 0,(0 in Aoth )C) 0,(0 \ ,'+'3, and )C) 0,(0 ,'79*, and then
=eslie suAsequent attem"t to co;er that 1act u" or otherBise "ro;ide Coughlin a legitimate o""ortunit! to taDe ad;antage
o1 the mandator! status con1erences that the )eno Custice court has "ut in "lace 1or a reason and not too, and DD8
9oungFs Bord onl! taDe a second to checD o11 the Ao/ Bhereu"on the 7ashoe Count! $uAlic de1enders can "at itsel1 on
the AacD Bhile looDing doBn on the EC) "rogram des"ite the 1act that it treats the ?6CFs liDe a CoDe. 3oBe;er, the real
CoDe here is DD8 9oungFs BorD on all three o1 these cases the state has Arought in the "ast (4 months against Coughlin.
8ll three o1 them are Brong1ul arrests all three o1 them are retaliator! arrest all three are liDeBise Brong1ul retaliator!
"rosecutionFs Bell. 8n! Cudge Bho Bishes to taDe one 1or the team in chiding Coughlin or seeDing to dissuade him 1rom
en1orcing his rights Bhile e/tolling the ;irtues o1 the BorD done in these matters A! the "uAlic de1ender maDes a risD!
Bager Bith his re"utation and 1urther underscores the a""earance in some Bould sa! the 1act that the District 8ttorne!Fs
%11ice e/erts too hea;! and in1luence o;er the Cudiciar! in 7ashoe Count!, so much so that ;oting machines outlaBed in
Cali1ornia consistentl! elect 1ormer de"ut! Dist. 8tt!.Fs andHor cit! o1 )eno "rosecutors Bhen an actual election is h and
him and him and him eld#, and and one
shudders to thinD de"ut! Dist. 8tt!. 9oung someda! donning a AlacD roAe and desecrating the .ourth, .i1th, and 6i/th
8mendments e;en more than he alread! does on a dail! Aasis#.
.urther, gi;en <oeAel statement on V2DE%,,99, =eslieFs 1ailure to mo;e 1or a continuance or otherBise seats
ha;e -em"leton held in contem"t o1 court 1or his earlier to a""ear on either 8ugust 09 or 6e"temAer + is "articularl!
regrettaAle Bhere -em"leton indicates that he Bas near enough to the scene o1 o11icer )osa attem"ting to e/tort
Gcoo"eration Bith our in;estigationG or else, at the risD o1 a call A! the )$D to the GNe;ada BarG Bherein the )$D
Bould Gtell the Ne;ada Bar hoB !ou coo"erated Bith our in;estigationG#, Bherein -em"leton indicates: G !ou BouldnFt
gi;e the co"s !our name Bh! do Be need to gi;e !ou oursI G ,:47 marD#. -hat "ro;es -em"leton is aAsolutel! a
necessar!, material Bitness to this -rial and to the 6u""ression 3earing and that a mistrial and, at least, a redo o1 the
6u""ression 3earing is in order. .urther, contrar! to -em"letonFs indications, Coughlin did "ro;ide his name, in addition
to his 6tate Bar o1 Ne;ada Bar numAer and his "ro1ession, attorne!, to %11icer Duralde, Bhich more than quali1ies as
com"liance under the Gsto" and identi1!G N)6 codi1ication o1 the -err! doctrine in N)6 (7*.(003.
- 201/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-he Chie1 2n;estigator 1or the 7ashoe Count! "uAlic de1enderFs o11ice, E;o No;aD, told Coughlin during an in
"erson meeting that he didnFt care to in;estigate an! o1 the contradictor! statements re;ealed u"on a re;ieB o1 the
in;estigator ;ideos Coughlin made and the disco;er! "ro"ounded. No;aD told Coughlin that s"eci1icall! Bith res"ect to
the discre"anc! AetBeen ZarateFs Britten #itness statement and 7uotations attributed to Larate by officer 2uralde
and the initial arrest report that it #ould all be chal%ed up to the office searches misstating something or
mis7uoting Larate or some other innocuous reason and :o&a% cheerfully indicated that #as reason enough
for him not do any #or% on this matter( :o&a% also too% care to inform Coughlin that he #ould not be told ho#
to do his $ob( !uch contradictory indications #ere re&ealed in 1)2DC0099, #hich #as made a&ailable to
:o&a%, and contains the follo#ing e4cerpt:
BCoughlin: #ell, o%ay, you said *motioning to Larate, that somebody pic%ed the phone up off the ground, but
you said *motioning to :icole "atson, that somebody got it from a man, right'
Zarate: gu!s Bant to Cust go letFs Cust go.
Coughlin so Bhich Bas itI 7hich Bas itI
-em"leton: donFt tri", dude.
Coughlin: 2id somebody get up from the ground or did somebody get it from a man' *1:0; mar%,B
21B 40B *7 21B A4+I* A,+ AI+B*0 7ILB0 C*LLBC2B+ <C +B7B,+A,2 C*4G1LI, +4=I,G 1I0
I,AB02IGA2I*,:
"C+2 -eslie has *and this is e&en capture on the recordings of the 8rial and Hearing on <otion to
!uppress, refused to utliliAe in any #ay *and, apparently, -eslie has not e&en &ie#ed many of these &ideos,
including the one of the arrest. ie, he thin%s 2uralde said the bit about calling the !tate 5ar, not 9osa, and
-eslie thin%s Corey Goble chec% s#ung the s%ateboard at Coughlin's head, not 9obert 2a#son, etc(, etc(, Any
recording #ill ha&e to be authenticated if it is to be recei&ed into e&idence( 8he easiest method for
authenticating a recording is to ha&e one of the participants to the con&ersation testify that the recording
accurately reflects the con&ersation( 8hat may be a#%#ard #here the only participants are an ad&erse #itness
and either the trial attorney or the client( 8herefore, if counsel anticipates entering the recording into e&idence,
using an in&estigator to conduct the inter&ie# is essential( <ore often than not, audio recordings of a #itness
#ill ne&er actually be entered into e&idence( )nstead, if the #itnessJs testimony is inconsistent #ith the
recorded inter&ie#, counsel may impeach the #itness by as%ing him about the recorded con&ersation or
playing the recording for him *through earphones or other#ise out of the presence of the $ury, and as% the
#itness #hether the #itness pre&iously made 4yA statement, #hich contradicts his abc trial testimony( <ost
#itnesses, #hen confronted #ith an audio recording of themsel&es, #ill admit that they said something
different on a prior occasion( )f they do not, then in the same #ay that prior s#orn testimony, such as grand
$ury testimony, can be admitted into e&idence should the #itness deny ma%ing the prior inconsistent
statement, courts may admit that portion of the authenticated recording #hich directly contradicts the #itnessJs
testimony to sho# the inconsistency( :e# =or%, li%e many $urisdictions, allo#s con&ersations to be recorded
#ith the consent of one party( 8he other party or parties to the con&ersation need not consent or e&en be told
of the recording( !ee :(=( +D:A- -A" U 20(00 *<cKinney !upp( 200F,> :(=( +D:A- -A" U 20(0
*<cKinney 2000,( Cther $urisdictions re7uire the consent of all parties to a recording( !ee, e(g(, CA-( +D:A-
CC2D U E32*a, *"est 1999,> "A!H( 9D1( CC2D A::( U 9(F3(030*1,*a, *"est 2003,( Cne must %no# the
la# not only of the $urisdiction in #hich the person recording is located, but also the la# of the $urisdiction
#here the other participant is located( )n Grie&ance Committee for the !outhern 2istrict of :e# =or% &(
!imels,;3 the !econd Circuit interpreted 29 F?106*A,*1, narro#ly and determined that an attorney did not
&iolate that rule by inter&ie#ing a non?party *non?codefendant, #itness in a criminal case e&en though the
#itness #as represented by counsel(;6 /nder !imels, it is clear that attorneys practicing in the !econd Circuit
and :e# =or% !tate may contact and inter&ie# a #itness e&en #here the #itness is represented by counsel(
8he &ictim in a criminal case is not a party to the action and occupies the same position as any other
#itness(; !imilarly, a cooperating go&ernment #itness in a criminal case is not a party, either( ;3( 6; 0(3d
E60 *2d Cir( 199,( ;6( !ee id( at E0?1( After !imels, the A5A changed the language of <odel 9ule 6(2 from
party to person( !ee <C2D- 9/-D! C0 +9C0J- CC:2/C8 9( 6(2 *200F,( ;( !ee, e(g(, :=!5A Comm( on
+rofJl Dthics, 0ormal Cp( 6E3 *19FF, *Commissioner of !ocial !er&ices could not be deemed counsel to
mother in state?initiated paternity proceeding, nor could mother be deemed a Hparty,I such that mother could
be contacted by counsel for respondent father,(
- 202/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dhile some investigative techni9ues are prohibited by both the law and the ethics rules lawyers must
also keep in mind their duty of 6ealous representation under both the 0i5th Amendment and the
disciplinary rules which re9uire that a lawyer not intentionally EFfGail to seek the lawful ob!ectives of
the client through reasonably available means permitted by law(I91 @im -eslie does nothing but co&er his
o#n concerns from sun up to sundo#n( 22A =oung is gi&en the green light to dance all o&er the lines #here
professional misconduct begin and end( :e&ada's :orman :ifong( 5oth are committing sanctionable
conduct( 0inally, many of the traditional in&estigati&e techni7ues used by go&ernment attorneysGunderco&er
in&estigations, secret tape recordings, trespass, document gathering, and contacting represented indi&iduals
Gin&ol&e conduct that appears to &iolate the ethics rules( Ad&ancements in technology no# enable pri&ate
attorneys to conduct the same %inds of in&estigations once feasible only by the go&ernment( "hile the history
and tradition that accompanies these la# enforcement techni7ues ma%e it difficult, if not impossible, for bar
associations to issue opinions condemning these practices, the ethics rules should apply e&enly to both
go&ernment and non?go&ernment attorneys( 91( :(=( CC2D C0 +9C0J- 9D!+C:!)5)-)8= 29 F?101*A,*1,
*200F,( 0)GH8):G 0)9D ")8H 0)9D: +9)1A8D A88C9:D=! /!):G 8HD !A<D ):1D!8)GA8)1D
8DCH:)V/D! A! GC1D9:<D:8 A88C9:D=!: 8HD D8H)CA- A:2 -DGA- CC:!)2D9A8)C:! 0C9
A88C9:D=! CC:2/C8):G ):1D!8)GA8)C:! Gerald 5( -efcourt(
An attorney's deficient performance in connection with a plea can be the basis for an ineffectiveness
claim and defendant's assertion that he would have taken a plea but for that deficient conduct is
sufficient to come within the auspices of the 0trickland pre!udice prong. 0ee e.g. Dilliams v. %ones
()& 7.Hd &;/I &;8; n.H #&;th Cir. .;;8$ #3a defendant may prevail on an ineffective assistance claim in
this conte5t by demonstrating deficient performance and pre!udice vi6. a defendant is re9uired to
show that counsel's performance fell below an ob!ective level of reasonableness and that but for
counsel's deficient performance the defendant would have accepted the plea offer and pled guilty.3$
#citing among other cases 4nited 0tates v. Carter &H; 7.Hd &'H. &''. #&;th Cir. &88)$$ cert. denied
&H; 0. Ct. HH/( #.;&;$. In Dilliams for e5ample the deficient performance was counsel's advice
concerning the plea agreement>advising Jr. Dilliams he would be committing per!ury by accepting
the plea offer and insisting that Jr. Dilliams proceed to trial or find new counsel if he wanted to
accept it. As the *CCA no doubt recogni6ed the pre!udice Jr. Dilliams identified was that had he
been ade9uately counseled there is a reasonable probability that he would have accepted the plea
offer and limited his e5posure to ten years. . . . 2he fact that Jr. Dilliams subse9uently received a fair
trial #with a much greater sentence$ simply does not vitiate the pre!udice from the constitutional
violation. . . . 2his would be a very different case had the assistant district attorney declined to e5tend
an offer or revoked it prior to trial. . . . 1owever the *CCA found that the ineffective assistance
occurred when the plea offer was available. 2he evidence credited by the *CCA suggests a
reasonable probability that the plea offer would have been accepted but for defense counsel's
ineffective assistance. Id. at &;8& #emphasis added$. ,onetheless under the %ulian decision cited in
Dilliams to establish pre!udice the attorney's conduct or lack thereof that the defendant is relying
upon must be the 3decisive factor in the defendant's decision to take a plea or opt for trial.3 %ulian v.
<artley '8( 7.Hd '/) '8/ #)th Cir. .;;)$ #emphasis added$K Dilliams ()& 7.Hd at &;8& #citing %ulian$.
1ere it is undisputed that ?etitioner knew he would have to admit guilt to benefit from the plea offer.
Cet he testified under oath not once but basically three times that he was not guilty of the girls'
allegations notwithstanding his confession because that his statements to the 7<I were false. I think
the record is clear that what drove ?etitioner's plea decision was the hope of an ac9uittal not the
potential sentence. 2o now give credence to his post>trial assertion that the length of the sentence he
could receive #rather than his asserted innocence$ was the decisive factor in his decision to turn down
a ten>year plea offer would be untenable. +oing so under these circumstances would allow a criminal
defendant to turn trials and appeals into 3trial runs3 and if the outcome is not to his liking then seek
to enforce the more favorable terms of a plea he re!ected. 3FAG defendant in a criminal case has the
right to take the witness stand and to testify in his or her own defense.3 =ock v. Arkansas '/H 4.0. ''
'8 #&8/)$K see also %ones v. <arnes 'IH 4.0. )'( )(& #&8/H$ #3the accused has the ultimate authority
to make certain fundamental decisions regarding the case as to whether to plead guilty waive a !ury
testify in his or her own behalf or take an appeal.3$. 32herefore the 'same logic which dictates that a
criminal defendant may not be compelled to testify by defense counsel also supports the conclusion
that a defendant may not be compelled to remain silent by his or her attorney.'3 <rown v. Artu6 &.'
- 203/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.Hd )H )/ #.nd Cir. &88)$ #9uoting Campos v. 4nited 0tates 8H; 7. 0upp. )/) )8& #B.+.,.C. &88I$$
cert. denied (.. 4.0. &&./ #&88/$. 3+efense counsel should inform the defendant that he has the right
to testify and that the decision whether to testify belongs solely to him.3 Cannon v. Jullin H/H 7.Hd
&&(. &&)& #&;th Cir. .;;'$ cert. denied ('' 4.0. 8./ #.;;($. 2aking ?etitioner's affidavit as true the
only thing Jr. 7in6el affirmatively did was to recommend that ?etitioner testify. Jaking a
recommendation does not constitute 3deficient3 conduct >> though the decision to testify or not
belongs to the defendant 3counsel can and should advise him of the implications of this choice.3
Desley v. 0nedeker ./' 7ed. App'5 (.& (.I #&; Cir. .;;/$ cert. denied &.8 0 Ct. 8H8 #.;;8$. 3Counsel
should also discuss with the defendant the strategic implications of choosing whether to testify and
should make a recommendation to the defendant.3 Cannon v. Jullin H/H 7.Hd &&(. #&; Cir. .;;'$K see
also 4nited 0tates v. 2eague 8(H 7..d &(.( &(HH>H' #&& Cir.$ #cited by Desley and Cannon$ cert.
denied (;I 4.0. /'. #&88.$. 2here is nothing inherently deficient in the recommendation itself since
the reality is that in cases of child se5ual abuse the testimony of a child victim alone is sufficient to
support a conviction.Lfn'' Dith good reason the responsibility for ensuring that the right to testify is
understood by a defendant lies with the defense attorney and not the court.Lfn'(
Leslie's coercive approach in telling Couglhin %udge 0ferra66a would punish Coughlin for both
Leslie putting on a case critical of the =?+ or prosecutor or Coughlin calling to light such
misconduct infringed upon Coughlin's right to decide whether or not to testify. Coughlin's position is
that he did tell Leslie that he wanted to testify both at 2rial and at the 1earing on the Jotion to
0uppress and further that Coughlin wanted to wait to testify until after the e5culpatory media
Coughlin collected was utli6ed in Leslie's cross>e5aminations #particularly where such would likely
limit the scope of Coughlin's testimony and therefore the scope of 9uestions ++A Coung would be
allowed on cross>e5amination. Leslie flat out refused to call Coughlin or utili6e the videos then
compounded his misconduct by purporting to preserve on the record some failure of Coughlin to risk
going to !ail for contempt #in light of %udge 0ferra66a's multiple rebukes of Coughlin$ where Coughlin
did not !ump up stomping his feet that he wanted to testify particularly where an entire 2rial was likely
still to come in light of Leslie's tepid arrangement during the 0uppression 1earing
Leslie has continually conceded points and positions to the 0tate where Coughlin has
informed him often in writing no less that Coughlin does not wish to do so. 7urther this Court may
not view Coughlin's 3conduct and behavior3 in a 3totality of the circumstances3 #read: not going to get
real specific or provide any actual articulable support for our 3you need a competency evaluation3
position much less three of them or the 3we won't let you represent yourself even though you are a
lawyer and even though you corrected %udge 0ferra66a as to the deadlien to file a ,otice of Appeal a
la ,=0 &/8.;H; and even though your filings destroy anything done by either the DC?+ or DC+A's
*ffice regardless of the old chestnut 3its confusing and rambling therefore its denied without getting
to into the specifics...3approach3$. 0o if Coughlin's behavior in civil eviction matters and other
criminal cases is considered in denying his taking a plea or re9uest to represent himself then Leslie
behavior in connection with the two other criminal matters the DC?+ represent's Coughlin on or has
must be considered including the August Ith .;&. 3combo>hearing unnoticed to the client and
decision to set for 2rial on 0eptember &/th .;&. the =C=.;&.>;I)8/;3 and failure of Leslie to make
any sort of supervisory action vis a vis +ogan's apparent professional misconductd or that of the
DC?+ #see %udge ,ash 1olmes grievance to the 0<, of Jarch &'th .;&. where she admits to
communications from the DC?+ on the gross misdemeanor 3misue of 8&&3 case =C=.;&.>;I(IH;$
etc. etc. Leslie's behavior under a totality of the circumstances approach here has been atrocious
and arguably should get him suspended from the practice of law for a significant period of time.
0ame with ++A Coung and <iray +ogan. 7urther Chris 7ortier listed of attorney of record in C=&.>
;HI) and %eremy <osler have affirmatively failed to rectify the breach of Couglin's 1I?AA and privacy
rights by +ogan in announcing confidentail prescription information into the record and before
members of the public and local attorneys at the April .)th .;&. hearing in that matter. Leslie stated
on the record that he didn't reali6e the %uly &Ith .;&. 2rial in the =C=.;&&>;IHH'& was a 32rial3. 1e
thought it was some J0C or something #can't totally blame him to the e5tent the DC?+'s keeps
3combo>packing3 all three of Coughlin's cases into the same hearings sometimes where one of them
is a god damn 2rial for an 0C= &&&#I$ level offense..:.7or e5ample Jodel =ule H.& includes two
sentences the first stating that a lawyer Eshall notM make frivolous assertions and the second stating
- 204/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
that a lawyer in a criminal case Emay nevertheless so defend the proceeding as to re9uire that every
element of the case be established.M Id. =. H.&. 2he obvious reading is that the second sentence is
meant simply to make clear that the rule against asserting frivolous defenses does not preclude a
criminal defense lawyer from ensuring that the prosecution meets its burden of proof. ,othing
suggests that the rule is meant to give the criminal defense lawyer discretion to re9uire the
prosecution to prove its case. Almost certainly that choiceN ethically and constitutionallyNbelongs
to the client
2he difference between not regulating and authori6ing a choice of conduct is highlighted by
the rule re9uiring a lawyer to e5pedite litigation provided that doing so is Econsistent with the
interests of the client.M Id. =. H... 2his rule does not appear to regulate what lawyers must or may do
when e5pediting litigation is not consistent with the clientOs interests. 0ee id. Bven so it would be
surprising to find courts or ethics committees interpreting the rule as if it affirmatively accords
lawyers discretion to delay whenever delay in and of itself benefits the client. Indeed the comments
to Jodel =ule H.. suggest that a lawyer must consider more than the clientOs desires. 0ee id. cmt. &
#stating that a lawyer who fails to e5pedite must have Esome substantial purpose other than delayM$.
2his strain of reasoning is evident in the cases that evaluate whether criminal defense lawyers have
performed so ineffectively as to violate the constitutional standards set forth in 0trickland v.
Dashington 'II 4.0. II/ II8P);; #&8/'$. 7or e5ample in =ompilla v. <eard the 4.0. 0upreme Court
considered a lawyerOs failure to investigate. 0ee &.( 0. Ct. .'(I .'I.PIH #.;;($. 2he Court hinted that
such a failure by itself might not have constituted ineffective assistance of counsel. 0ee id. at .'IH
#noting that there was Eroom for debateM on the issue$. 2he Court however held that the lawyerOs
failure to e5amine a file from a previous conviction that the prosecution had turned over and on which
counsel had notice the prosecution intended to rely was unreasonable. 0ee id. at .'I). %ustice
*OConnorOs concurrence noted that the lawyerOs failure to make a choice rendered the behavior
improper because it constituted EQinattention not reasoned strategic !udgment.OM Id. at .')&
#*OConnor %. concurring$ #9uoting Diggins v. 0mith (H8 4.0. (&; (H' #.;;H$$. Januel <errele6 et al.
,ote +isappearing +ilemmas: %udicial Construction of Bthical Choice as 0trategic <ehavior in the
Criminal +efense Conte5t .H CALB L. R ?*LOC =BA. ..( .I. #.;;($ #lauding the drafters for
attempting to reach Eworkable compromisesM for moral dilemmas$.=. H.H#a$#H$ #EA lawyer may refuse
to offer evidence other than the testimony of a defendant in a criminal matter that the lawyer
reasonably believes is false.M
.Costs in Criminal ?roceedings <. Liability of +efendant S &;/. Costs of prosecutionK generallyN
Ditness fees ...2he ta5ing of costs against a convicted defendant does not generally have an
unconstitutional chilling effect on the e5ercise of such rights as the subpoena of witnesses.F7, & G
Dhere a criminal defendant is re9uired to tender the travel costs of witnesses he or she wishes to call
who are prisoners this re9uirement does not operate to the deprive the defendant of his or her federal
constitutional right to compulsory process where the defendant does not allege that the re9uirement
deprived him or her of any particular witness it is not clear that the re9uirement forced the defendant
to be selective in choosing among potential witnesses and there is no indication as to what any
absent witness might have testified to. Coughlin has provided both Leslie and the 0tate videos and
e5tensive writings about !ust what these witnesses would testify to or be cross e5amined on. Coughlin
has been refused in his demands that Leslie subpoena #and criminal indigent Coughlin cannot afford
the :.( witness fees for =obert +awson Colton 2empleton 2anner Chan 47C Guy 8&& +ispatchers
0cott Deese and Jontgomery =?+ *fficers =on =osa and 2homas Alaksa ,Icole Datson and Lucy
<yington as well as the A2R2 Custodian of =ecords and the Bmergency 0ervices and =?+ Custodian
of =ecords #did Goble even own the phone 47C Guys identify remains a mystery despite Goble
admitting he was the 3most physically aggressive with Jr. Coughlin3 and despite the video of the
attack prior to the arrest filmed by Coughlin showing 47C Guy giving Goble his phone with which
Goble appears to make his second 8&& call. 7urther there appear to have been other 8&& calls made
that were not propounded and date stamping and G?0 indicators easily make availalbe a bank of
possible calls even if 2anner Chan did not provide his name he is seen making what one could
assume is a 8&& call on the pre>arrest video.
- 205/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A criminal defendant has a constitutional right to be heard in his o#n defense, and as #ith other
constitutional rights, a defendant may relin7uish the right to testify through a &oluntary and %no#ing #ai&er(
/(!(C(A( Const(Amend( E !tate &( Dricson, 2011 <D 2;, 13 A(3d FFF *<e( 2011,( -eslie's refusals to use
Coughlin's e5cuplatory media collections on cross vilates Coughlin's right to testify: statute re9uiring
that a criminal defendant desiring to testify do so before any other witness for the defense is an
impermissible restriction on the right against self?incrimination( 5roo%s &( 8ennessee, 60E /(!( E0, 92 !( Ct(
1;91, 32 -( Dd( 2d 3; *19F2,.
)& A.L.=.Ith & #*riginally published in .;&.$ American Law =eports AL=Ith 2he AL=
databases are made current by the weekly addition of relevant new cases. Ade9uacy of +efense
Counsel's =epresentation of Criminal Client =egarding 0earch and 0ei6ure IssuesN?retrial JotionsN
0uppression Jotions Dhere ,o Darrant Involved George L. <lum %.+. ...in office the court on review
of the defendant's appeal though reversing on other grounds affirmed the re!ection of the
defendant's ineffectiveness claim the court commenting that given that the criminal defendant was
unable to establish that but for his attorney's failure to file a motion to suppress incriminating
evidence the result of his trial would have differed the defendant's ineffective assistance ...0urther,
%im Leslie too% on a 2r( Ke&or%ian 7uality at the Hearing on the <otion to !uppress, cheerfully refusing to
$oin in on Coughlin's filings *#hich arguably cannot be stric%en in light of se&erale rationale, including the fact
that any such <otion to Appear, or !ubsitution of Counsel, or :otice of Appearance by Coughlin #ent
unopposed +ol% style by the !tate, especially in light of the fugiti&e document nature of 22A =oung's
Cpposition to <otion to Appear as co?counsel, filed #ell after the 0ebruary 2Fth, 2012 C9der 0or Competency
D&aluation that 22A =oung #as #ell a#are of already( )t doesn't matter #hen =oung drafted that Cpposition,
#hat matters is that he &iolated :9! 1F;(60 by filing it t#o hours after =oung #as a#are @udge Clifton
signed and filed his Crder for Competency D&aluation, #hich seems to ha&e been based, in part, on 22A
=oung and the "C2A's input *not that any #ritten record of such BmotionsB *Bcounter motionsB or other Bfiling
office des% form re7uestsB or other#ise are reduced to #riting or memorialiAed in any #ay other than a terse
doc%et entry, no matter the reputational damage they ha&e caused Coughlin, nor the fact that such <otions for
Competency D&aluation al#ays come #hen 22A =oung is mad about Coughlin pointing out his misconduct,
2ogan miffed about someone ta%ing him to tas% for appearing as attorney of record, then failing to sho# to the
arraignment on 0ebruary 13th, 2012 *doesn't matter ho# you usually do it at the "C+2, 5iray(((you don't
usually call up client's before the arraignment li%e you did Coughlin, you don't usually ha&e a 2 hour sit do#n a
#ee% before the arraingnment, but you did #ith Coughlin, and there's more, but not going into it here(((5iray,
try that B=eah, ) appeared as Attorney of 9ecord *after playing Bhey, that's my case #ith Chris 0ortier, my
Byeah, ) #ear dar% lens 9ay?5ans inside the court house, so #hat'B comrade,, but ) didn't ha&e to go to the
arraignmentB approach in pri&ate practice and #ith the !5:, lemme %no# ho# that #or%s out for you, you
go&ernmental la#yer(((B -eslie has a duty to super&ise 2ogan *its been -eslie's e4cuse for thro#ing Coughlin
under the bus at past <!C's and other hearings from his perch in the peanut gallery seats, so -eslie has no
BoutB concernign his failure to, or apparent failure to *not really buying this idea that -eslie doesn't %no# #hat
the "C+2 communicated about Coughlin to the 9<C on or before or e&en after the clandestine !C9 11F
spa#ning <!C bet#een =oung and 2ogan *before @udge Clifton or @udge !chroeder, or both, depending if
you read the Crder or the doc%et in 9C92012?0EE30(((,, or #hat -eslie %no#s about 9<C @udge :ash
Holmes participation in or a#areness of the clandestine <!C on 2S2FS12 and the 1:31pm C9der for
Competency D&aluation of that date(((especially consdiering @udge :ash Holmes #as late to the traffic citation
8rial set for that time in 11 89 2E;00, and that she e&entually did ta%e the bench, and sentenced Coughlin to
days summary criminal contempt incident to that 8rial, then #rote of Coughlin B7uoting roc% lyricsB, #hen the
only lyrics Coughlin could be said to ha&e 7uoted #here in the 0ebruary 21st, 2012 <otion Coughlin filed in
9C92012?0EE30 that #as critical of 2ogan's half ass representation in that matter( 8hen 22A =oung filed
his Cpposition to Coughlin's <otion to Appear as Co?Counsel at 2: pm on 2S2FS12 *in 9C92011?0E3361,,
despite the import of :9! 1F;(60 and the fact that =oung #as there for the signing and entry of the 1:31 pm
Crder for Competency D&aluation in 9C92012?0EE30 *the statute applies to all the cases,(
At some point, one has to #onder #hether a bunch of la#yers and $udges need to be tearing each
other do#n as because 9+2 Cfficer 9osa #as Bbusy out here tonightB and because 9+2 Cfficer 2uralde is
BannoyedB or BfrustratedB #hen la#yers *B) don't respect you at allB and Byou're the one accused of doing the
fric%in' crimeB, B$ust don't tal% anymoreB, thin% they ha&e some constitutional rights or that Cfficer 2uralde
actually needs to do the leg#or% to figure out if there is probable cause for each of the elements of the crime
he #as charging Coughlin #ith, not $ust B) am pretty sure you ha&e the i+honeBS$ump straight to Bthat's larcenyB
#ith a touch of Blemme game the system here and pretend ) am too stupid to realiAe an i+hone bought 3 years
- 206/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ago for W300 is not longer #orth more than W20B by 2uralde( )ts embarrassing ho# #e la#yers and $udges
ha&e let Cfficer 2uralde create a fiasco o&er nothing, #ith a touch of this idiot Cory GobleS:ate Larate's lying
and criminal acti&ity to boot( 8ypically, this is #here a leader li%e @udge !ferraAAa shines( )f not, Coughlin is
rumored to be considering a trip to 5raAil #ith the +eace Corps(
"hen ) come through, e&erything 'gon stop:
8he follo#ing #as sent to @im -eslie on 8hursday, Cctober 11th, 2012 at E:31 pm to -eslie's
$leslieX#ashoecounty(us email address:
B+lease consider this communication to be the filing of a police report(
=ou guys ta%e action during a pending Competency D&aluation all the time(((see Goodnight setting
the 8rial for <ay after the 2S2FS12 Crder for Competency D&aluation that 2ogan procured afte, upon
information and belief, apparently &iolating my attorney client pri&ilege #ith 22A =oung and the
9<CS@udge :ash Holmes *and a signed letter by @udge :ash Holmes the the !tate 5ar of :e&ada
dated <arch 12th, 2012 admits to correspondence and or communications bet#een the "C+2 and
9<CS@udge :ash Holmes concerning Coughlin, to #hich the "C+2 has steadfastly refused to
pro&ide any ans#ers to Coughlin's 7uestions,(
<r( -eslie, that's the the thing, though( =ou are still collecting a salary base, in part, on your being
listed as my attorney of record( 0or the time being, you ha&e a duty to represent me( =ou failed to
subpoena anybody in this case(((Goodnight managed to scare 8empleton and 2a#son into sho#ing
on @uly 1Eth, 2012 *that #as a 8rial date, @im, despite your blundering characteriAation of it on the
tapeStranscripts of your abominable BeffortsB at representation at the Hearing on the <otion to
!uppress and the 8rial *August 29th, and !eptember th, 2012,(

+lease copy me &ia fa4 and email on any and all filings #ith the court in any of the matters the
"C+2 appears for me on( <r( -eslie, you maintain you ha&e a super&isory capacity that has
allo#ed you to chime in from the cheap seats in efforts to thro# me under the bus and play C=A, in
matters and hearings #here 2ogan or Goodnight #ere appearing(((but then you fail to actually fulfill
any of the duties attendant to such an arrangement #hen ) re7uest a copy of my file from you in
9C92012?0EE30 *not to mention the @uly 31st, 2012 <otion to Amend Complaint by 22A =oung, or
2ogan's utter failure to communicate #ith me in any #ay #hatsoe&er(((clearly you ha&e imposed a
'gag order' on 2ogan similar to the one you imposed on Goodnight at a hearing in 9C92011?0E3361,
and ) ha&e the Court's audio from all those hearings, @im, and it ain't good for you #hat's one them,
%no# #ot ) mean' 2ogan and Goodnight #ill find una&ailing any defenses the see% to assert to the
effect that B@im -eslie made me do itB( GCC2:)GH8, ) HA1D 9DV/D!8, ): "9)8):G, A:
DY+-A:A8)C: 09C< =C/ 0C9 =C/9 !/22D: 2)!A++DA9A:CD <):/8D! +9)C9 8C 8HD
@/-= 1E8H, 2012 89)A- 2A8D, A:2 8HD 9D!+C:!D! =C/ HA1D +9C1)2D2 !C 0A9 HA1D
5DD: ):CC<+-D8D( +-DA!D 9D!+C:2 CC<+-D8D-=, ): "9)8):G( <9( 2CGA:,
!)<)-A9-=, ) HA1D 9DV/D!8D2 9D+C:!D! 09C< =C/, ): "9)8):G, A! 8C 8HD DY8D:8
A:2 CC:8D:8 C0 =C/9 CC<</:)CA8)C:! ")8H 8HD 9<C, @/2GD :A!H HC-<D!, KD)8H
-CC<)!, D8C(, D8C( "H)-D, 0C9 A 8)<D, =C/ !DD<D2 8C 'GD8 )8' 8HA8 =C/ "D9D 5D):G
/!D2 *A:2 @)< -D!-)D 8D!8)0)D2 /:2D9 CA8H 8HA8 HD HA2 :C K:C"-D2GD C0 A:=
CC<</:)CA8)C:! 5D8"DD: 8HD 9<CS@/2GD :A!H HC-<D!, A:2 8HD "C+2 ): A:=
"A= 9D-A8D2 8C <D((((, =C/9 9D!+C:!D! 8C 0A9 HA1D 5DD: ):CC<+-D8D A! "D--(
+-DA!D 9D!+C:2 8C <= ):V/)9)D!, ): "9)8):G A:2 CDA!D 0A)-):G 8C 9DCCG:)LD <=
):1)C-A5-D 9)GH8 8C CC:2/C8 2)!CC1D9= A:2 !/5+CD:A ")8:D!!D! A:2
2CC/<D:8A8)C:( ) 2C :C8 "A:8 8HD "C+2 ):0C9<A--= 9DV/D!8):G ):0C9<A8)C:
C9 0C9 ")8:D!!D! 8C A++DA9(( 8H)! :C 8C/9:A<D:8, 2A:)D-?!C:, 8H)! 0C9 9DA-(
) "A:8 9DA- !/5+CD:A!, A:2 !/5+CD:A 2/CD! 8DC/<! !D91D2 C: 8HD ):2)1)2/A-!
"HC< ) HA1D 9DV/D!8D2 8HD 5D !D91D2 C:( :C8 D1D9= 2)<D C0 =C/9 5/2GD8
!HC/-2 GC 8C =C/9 !A-A9)D!(
- 207/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
+lease pro&ide me by email and fa4 a copy of my Competency D&aluation and any other
documentation submitted there#ith, incident to the !eptember th, 2012 Crder for Competency
D&aluation(
<r( Goodnight, please e4plain your actions in setting 8rial dates, despite my e4press indication that
you refrain from doing so, during the pendency of the Crder for Competency D&aluation *you filed
9e7uests for !ubmission on <ay 3rd, 2011, and set a 8rial date for <ay Fth, 2012, despite the fact
that @udge Dlliot's Crder in C912?03FE did not remand $urisdiction bac% to the 9@C until it #as file
stamped on <ay 9th, 2012( "hat occurred at the <ay Fth, 2012 B8rialB date, #herein you appeared
utterly unprepared to go for#ard #ith 8rial *you admitted some things that day, &is a &is your failure
to e&en &ie# certain e4culpatory &ideos that #ere pro&ided to you that is on par #ith the public
defenders #ho fell asleep at trial((((B"ee%end at 5ernie'sB indeed( "ee%end at @eremy's(
<r( Goodnight, #hat ocuredat the <ay Fth, 2012 8rial, in camera, ought be indicati&e to you of the
rationale behind the dictates of :9! 1F;(60( :o#, if ) get arrested, pre?trial ser&ices cites to some
e4pulsion from <ental Health Court as a basis for denying me an C9( <y being in $ail from @uly 3rd,
2012 to @uly 21st, 2012 resulted in my being pre&ented from challengeing a W60,00 attorney's fees
a#ard against me personally, and that e4tended incarceration #as based largely upon pre?trial
ser&ices citing to the <CH situation, #hich in&ol&ed negligence and misconduct on Goodnight and
the "C+2's part *)'m loo%ing at you @ennifer 9ains, in failing to counter the lies told by 9eno 5iondo
and !haron 2ollarhide,( +lease address the inaccuracies contained in the 9@C filed in all three
matters, including, but not limited to, the libelous #ritings by 9eno 5iondo, co&ering up the <CH's
breach of the contract entered into #ith me in <ay 2012 *see my earlier #ritten correspondence to
you in this regard, complete #ith that <CH Contract, and the list of prohibited medications, #hich did
not include the medication ) #as subse7uently remo&ed from the <CH for ta%ing(((#hich #as pri&ate
information, until 2ogan &iolated my H)+AA rights, #ith @eremy 5osler and Chris 0ortier's blessing,
some may say, intentionally in an attempt to discredit me and play C=A further for the "C+2, in
addition to 5osler's impermissible fa4ing to the 9<C materials from -a%e's Crossing that e4ceeded
the scope of any authoriAation Keith -oomis may ha&e coerced out of me incident to the @uly th,
2012 unnoticed bail hearing in 9<C 12C912620 *charge underpinning that custodial arrest has been
dropped,( 5osler fa4ed materials that e4ceed the limited authoriAation to pro&ide the te4t only of the
Competency D&aluations conducted by -a%e's Crossing, including letters from 2r( :ieghbors and
others that #ere not part of the Competency D&aluation and included in a @im -eslie?style attempt to
thro# one's client under the bus, period(
@im, you %no# full #ell that ) ha&e been clear to you that ) #ish to testify at 8rial and at the Hearing
on the <otion to !uppress, and further, that ) #ish to retain all rights ) ha&e #ith respect to limiting
the scope and placement of such testimony *order of presentation, etc(, and the all concomitant
rights to ha&e the !tate's #itnesses impeached #ith the e4cuplatory &ideo and audio e&idence the
"C+2 #as pro&ided, #hich ) ha&e declared to you, under penalty of per$ury, #as filmed or recorded
by me and has not be doctored or altered in any #ay(((though ) ha&e sought an indication from you
#ith respect to the e4tent that BsnippetsB of the &arious &ideo or audio may be utiliAed at the
!uppression Hearing or 8rial, to #hich you scoffed that my #ondering such a thing #as indicati&e of
my lac% of fitness to be an attorney, as you feel that only the !tate should be allo#ed to selecti&ely
choose #hat it puts into e&idence or uses to refresh #itness recollection or impeach testimony, a
constant theme throughout the @im -eslie defense playboo%( 8he !tate has been pro&ided all those
e4culpatory media materials, <r( -eslie( +lease pro&ide some legal citation for you contention that it
#ould be impermissible to introduce or utiliAe only selected portions of such media #here the !tate
clearly has an ability to utiliAe any portions thereof that it may so choose(
) belie&e, <r( -eslie that you ha&e duty to see% to correct the in$ustice perpetuated the Hearing on the
<otion to !uppress #here you depri&ed me of my right to testify, including, but not limited to, your
- 208/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
bright line refusal to utiliAe any of the e4cuplatory media *to sho# #itness bias, for impeachment, or
to refresh #itness recollection, such at 22A =oung sho#ing 2uralde portions of his police report but
not introducing it into e&idence, etc(, or see% their introduction(
+-DA!D HA1D 8HD A88ACHD2 !/5+CD:A! A:2 !/5+CD:A 2/CD! 8DC/<! !D91D2(
:icole "atson and -ucy 5yington and Austin -ichty *and ) pro&ide -eslie #ith -icthy's license plate
number, so subpoena his address from the 2<1, are students at <cVueen High !chool in 9eno,
:e&ada, so, shouldn't be too hard to trac% them do#n( Court filings sho# the the "C+2 has
addresses for 8empleton and 2a#son, and -eslie made indication that the "C+2 has :icole
"atson's address, yet only listed her telephone number in a court filing listing #itnesses the defense
intends to call, an act #hich imperiled the ability the actually call her, gi&en the !tate's anticipated
ob$ection based upon a lac% of pro&iding an address for her #here the "C+2 has one( 8he 911
dispatch records and call logs and the call records from the i+hone allegedly belonging to Goble #ill
re&eal the cellular number of B/0C GuyB, the one assailant #hose name -eslie failed to elicit
testimony direct to, despite alleged &ictim Goble indicating that that early t#enties something male
indi&iduals #as Bthe most physically aggressi&e #ith CoughlinB and that it #ould ha&e be rather
reasonable for Coughlin to feel attac%ed and threatened by that indi&idual(
0urther, ) 2D<A:2 8C 5D +9C1)2D2 8HD <A8D9)A-! +9C2/CD2 5= A8Z8 C9 A:= C8HD9
CD-- CA99)D9 1)! A 1)! =C/9 +/9+C98D2 9DV/D!8 0C9 8HD CA-- 9DCC92!S):2)C)A
C0 C":D9!H)+ C0 8HD )+HC:D C0 C:D CC9= GC5-D, 26, C0 9D:C, :D1A2A *including
materials relati&e to Goble's inconsistent testimony &is a &is the o#nership of the i+hone and the
manner and time at #hich he came to possess, it( +lease ha&e Goble's brother, 9yan Goble, ser&ed
a subpoena and !ubpoena 2uces 8ecum in that regard, as Goble has, in his "itness !tatement and
testimony as trial made inconsistent assertions as to ho# he got the i+hone and #hen,( Also,
Goble's s#orn testimony that he had, as of the day he #as testifying, not heard anything of some
man offering the i+hone up to the deniAens of the s%ate par% or about any attac%s on Coughlin *and
a classic moment occurred #hen -eslie made a hearsay ob$ection on behalf of the !tate incident to
-eslie's o#n 7uestion regarding a immunity from prosecution afforded Goble for the @une th, 2012 lit
cigarette assault and battery upon Coughlin by Goble, A:2 !+DAK):G C0 8HA8, +-DA!D
!/5+CD:A 8HD =C/:G "C<A: 29)1):G 8HD -DY/!, "HC!D -)CD:!D +-A8D A++DA9!
C: 8HD 1)2DC +9C1)2D C0 8HA8 A!!A/-8 A:2 5A88D9= A:2 HD9 !/5!DV/D:8 89A!H
8A-K):G, "H)CH "A! !-/99D2,(
) "A:8 A CC+= C0 A:= A:2 A-- CA--! A:2 2)!+A8CH 8A+D! C9 9DCC92):G! ): A:=
"A= 9D-A8D2 8C LACHA9= 5( CC/GH-): 8C C9 09C< D<D9GD:C= 2)!+A8CH
!D91)CD!, 8HD 9D:C +C-)CD 2D+A98<D:8 *"HD8HD9 8HD CA--! 5D8"DD: CC/GH-):
A:2 -)D/8D:A:8 59C": C9 !A9GD:8 C-)1D9 <)--D9, !A9GD:8 LACH 8HD" C9
A:=C:D D-!D( 0/98HD9, ) "A:8 8HD 911 CA-- A:2 2)!+A8CH 9D+C98! ):C)2D:8 8C
8HD @A:/A9= 128H, 2012 C/!8C2)A- A99D!8 C0 CC/GH-):! 0C9 @A="A-K):G,
"HD9D): 9)CHA92 G( H)--, D!V( CA--D2 8HD +C-)CD A:2 !)G:D2 A C9)<):A-
CC<+-A):8 AGA):!8 CC/GH-): 0C9 89D!+A!!):G( 0urther, ) #ant a defense prepared that
focuses on the "itness 5ias and moti&es of the 9eno +olice 2epartment and the retaliatory arrests
and prosecutions and discriminatory enforcement of the criminal la#, particularly #here my police
reports and re7uests for police response to &arious matters ha&e gone unresponded to *the <ay
2012 calls and communications at G!9 #ith 9+2 Cfficer -oo% about the theft of my Gary 0isher
<ountain bi%e, #herein Cfficer -oo% refused to ta%e action, despite his being a process ser&er for a
ci&il 8+C procured by Hill, #hich Hill has signed a s#orn 2eclaration indicating he sought at the
9+2Bs direction *and the 9+2, in !argent Cli&er <iller, !argent 2ye, and Cfficer Alan "ea&er has
demonstrated an intent and actions designed to institute fraudulent charges against Coughlin *&is a
&is the <ilan Krebs 8+C, #hich -eslie and 2ogan ha&e refused to gather the audio from in 9@C
9C+2012?0002;F despite its clear material rele&ance and utility, especially &is a &is subpoeaning
Krebs and inter&ie#ing him incident to the defense in 9C92012?0EF9;0 *and you better hurry, @im,
as Kreb's a&ailability may be limited if he is sent bac% into military ser&ice o&erseas,( +-DA!D
+9C1)2D <D A CC+= C0 8HD HDA9):G C: K9D5'! 8+C 5D0C9D @/2GD A-59)GH8( 0urther
- 209/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
+-DA!D, 0C9 8HD !A<D +/9+C!D!, GA8HD9 A:= A:2 A-- 2CC/<D:8A8)C:, CA--
9DCC92):G! C9 9DCC92!, 2)!+A8CH -CG! C9 9DCC92):G!, ")8:D!! !8A8D<D:8!
D8C ):C)2D:8 8C 8HD !D+8D<5D9 1;?28H HA9A!!<D:8 C0 CC/GH-): 5= 8HD 9+2 A8
!/+D9)C9 <):) !8C9AGD, ):C-/2):G 8HA8 5= !A9GD:8 C-)1D9 <)--D9 A:2 C00)CD9
"DA1D9, A! #ell as a call to la# enforcement re7uesting a response similar to that sho#n by the
9!)C +olice to "al?<arts urgent pleas for help incident to an alleged theft of a candy bar that has
formed the basis for a no# 6 month long suspension of Coughlin's la# license, #here a :orth#est
9eno FS11 con&ereted appr4oimately W1(0 from Coughin incident to ad&ertising one price for
gasoline, then charging another(((8he 9+2 refused to in&estigate or responde, much less appear to
&iolate the FS11 managers 0ourth Amendment rights( !imilarly subpoena the Cfficer's #hom
reponded to Coughlin 911 calls incident to the assault and battery by Cory Goble on or about $/ne
th, 2012, as #ell as reports by Coughlin and any police records incident thereto #ith respect to the
Cctober 6th, 2011 theft of Coughlin's mountain bi%e, and 9ichard G( Hill and <atthe# @( <erliss's
trespass into Coughlin's former home la# office on :o&ember 13th, 2011, in addition to Hill's &ideo
taped confession to his contactor, +hil !te#art ha&ing apparently stolen Coughlin's ladder for a
period of time(+-DA!D <AKD :C8D C0 8HD C/9)C/! A++DA9A:CD C0 9+2 !A9GD:8
59A2!HA" 8H9C/GHC/8 A-- 8HD!D <A88D9! A:2 <AKD ):V/)9= 9D!+DC8):G A:=
CC::DC8)C: !HD <A= HA1D 8C 9)CHA92 G( H)--, D!V( !)<)-A9-=, +-DA!D +9C1)2D
<D *1)A D<A)- A:2 A C2, A CC+= C0 8HD A/2)C 09C< 8HD @/-= 8H, 2012 A99A)G:<D:8
A:2 )<+9C<+8/ 5A)- HDA9):G ): 9<C 12C912620 "HD9D): ")8:D!! 5)A!, <C8)1D, A:2
9+2 A:)</! AGA):!8 CC/GH-): 9D-D1A:8 8C 8HD 8H9DD <A88D9! 8HD "C+2 )!
C/99D:8-= A++DA9):G C: CC/GH-):'! 5DHA-0 0C9 )! C-DA9-= 9D1DA-D2( +-DA!D
!/5+CD:A A:= A: A-- +C-)CD 9D+C98! 0)-D2 5= CC/GH-): *):C-/2):G A:= "HD9D
CC/GH-):'! -A!8 :A<D )! <)!+D--D2 C/CGH-):,, ):C-/2):G 8HD 9D+C98! 0)-D2
AGA):!8 :C98H"):2! A+A98<D:8! 0C9 8HD)9 A88D<+8D2 59DAK ):! A:2
89D!+A!!D! 8C CC/GH-):'! 9D:8A-! 8HD9D, A:2 8HD 89D!+A!!D!, A88D<+8D2
89D!+A!!D!, A:2 A88D<+8D2 59DAK ):! 5= C00)CD9 "DA1D9 A:2 :D1A2A CC/98
!D91)CD! /+C: CC/GH-):'! 9D:8A- 8HD9D A! "D--( Also, include the failed responses by
the 9+2 to the domestic &iolence against Coughlin detailed in :
0112?001;; LACHA9= CC/GH-): 1!( -A/9A 0C9D!HDD *2<,, and 0112?001;F,( CH, A:2
8HD 0A)-/9D 8C 9D!+C:2 8HD 8HD +C-)CD 9D+C98 0)-D2 5= CC/GH-): 2D8A)-):G 8H
2DCD<5D9 128H, 2012 5/9G-A9= C0 A++9CY)<A8D-= W;,000 C0 +9C+D98= 09C<
CC/GH-):'! 0C9<D9 -A" C00)CD, 2/9):G A +D9)C2 ): "H)CH 9)CHA92 G( H)--, D!V(
"A! A++-=):G A: /:-A"0/- 9D:8 2)!89A):8 /+C: CC/GH-):'! +D9!C:A8-= A:2
C-)D:8'! 0)-D! A:2 "HD9D 1)2DC 29)1D9! -CA2D2 C:8C CC/GH-):'! HA92 29)1D!
C: 2DCD<5D9 E8H, 2012 "A99A:8 A: ):1D!8)GA8)C: ):8C 8HD DY8D:8 8C "H)CH H)--
1)C-A8D2 CC/GH-):'! +9)1AC= 9)GH8! A:2 C9 C++C!):G CC/:!D-'! 0)-D! ):
89A)+!):G 8H9C/GH CC/GH-):'! -A" C00)CD A:2 A--DGD2-= ACCD!!):G C9
A88D<+8):G 8C CC+= HA92 29)1D!( 0/98HD9, A C9)<):A- ):1D!8)GA8)C: ):8C 8HD
DY8D:8 8C "H)CH 9)CHA92 G( H)--, D!V( 0)-D2 A 0A-!D +C-)CD 9D+C98 A:2 C9
CC<<)88D2 +D9@/9= 2/9):G 8HD C9)<):A- 89D!+A!! 89)A- C0 CC/GH-): ):C)2D:8
8C 8HD :C1D<5D9 138H, 2011 A99D!8 5= 9+2 CH9)! CA98D9 *A:2 A: ):1D!)8GA8)C:
A:2 CC<+-A):8 AGA):!8 9+2 C00)CD9 CH9)! CA98D9, @9( )! HD9D5= 0)-D2, +-DA!D
+-ACD A CC+= C0 8H)! ): H)! D<+-C=<D:8 0)-D A:2 ):1D!8)GA8D A! 8C 8HD DY8D:8
8C "H)CH CA98D9 1)C-A8D2 :9! 199( !C<D8H):G A5C/8 <)!CC:2/C8 ): H)! C00)C)A-
CA+AC)8= C9 0A-!D !8A8D<D:8! ): H)! +C-)CD 9D+C98 "HD9D HD +/9+C98! 8HA8
HD A:2 !A9GD:8 -C+DL )2D:8)0)D2 8HD<!D-1D! A! 9+2 C9 AC8):G /:2D9 CC-C9 C0
-A" 5D0C9D 8HD -A:2-C92 A++A9D:8-= K)CKD2 ): 8HD 2CC9 8C 8HD V/A!)?
5A!D<D:8 A8 CC/GH-):'! 0C9<D9 -A" C00)CD, 2D!+)8D 8HD 0AC8 8HA8 !A9GD:8
-C+DL <A= HA1D A2<)88D2 C: 1)2DC 8HA8 :D)8HD9 !HD :C9 CA98D9 )2D:8)0)D2
8HD<!D-1D! A! -A" D:0C9CD<D:8 ): A:= "A= +9)C9 8C 8HD 2CC9 5D):G K)CKD2
2C": 5= 8HD -A:2-C92( 2D!+)8D 9)CHA92 G( H)--'! +D9@/9D2 8D!8)<C:= ): 8HA8
9DGA92 A8 8HD @/:D 1;8H, 2012 89)A- ): 8HA8 <A88D9 *!DD A88ACHD2 89A:!C9)+8
5= +A< -C:GC:), "H)CH <A= :C8 :DCD!!A9)-= 5D ACC/9A8D-= A:2 0A)8H0/--=
89A:!C9)5D2 G)1D: 9DCD:8 A--DGA8)C:! 5= C8HD9 AGA):!8 -C:GC:) A:2 8HD
0A)-/9D C0 !HD A:2 8HD 9<C 8C 0C--C" :9! 1;9(030 ):C)2D:8 8C 8HD "A-?<A98
- 210/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CC:1)C8)C: C0 CC/GH-): ): 11 C9 221FE A:2 !/5!DV/D:8-= 0A)-D2 A++DA *@udge
Dlliot's Crder cites the failure to point to sections of a transcript that #as the 9<C's responsibility to
ha&e produced #ithin 10 days of Coughlin's 2ecember 13th, 2011 filing of a :otice of Appeal,- ):
C911?20E6,( ) "A:8 A CC+=, ) 2C:'8 "A:8 -D!-)D +9D8D:2):G 8C HA1D C58A):D2 8HD
A/2)C A:2 <AK):G BA: DYDC/8)1D 2DC)!)C:B 8HA8 )! "A! :C8 9D-D1A:8 C9 /!D0/-
*@im, you really need to come up #ith another go to mo&e, you use that one #ay too much(,(
0urther, ) #ish to file a police report against City of 9eno <arshal Harley for #hat #ere purportedly
false statements made to 9<C @udge :ash Holmes leading to my arrest on 0ebruary 2Fth, 2012(
@udge :ash Holmes in her presentation in court on <arch 12th, 2012 indicates that Harley,
apparently, follo#ed Coughlin into the restroom at the 9<C and peered into a stall, purporting to
#itness Coughlin Bdisassemble his smartphoneB or recording de&ice *and summary contempt
findings for conduct allegedly occurring outside the court's presence re7uire and affida&it, and here,
<arshal Harley needs to submit and Affida&it and e4plain his misconduct and or lies, as does
<arshal 2eighton, 2eputy Hodge, 8rish 5ec%man, <ary Kandaras, 5iray 2ogan, and any other
indi&iduals connected to the actions ta%en against Coughlin in connection #ith that 0ebruary 2Fth,
2012 arrest upon the suspension of the traffic citation 8rial in 11892E;00( 8he purported search
incident to arrest of Coughlin's H8C G2 smart phone, his !amsung flip phone, and a micro sd card
*the data #as #iped from the smartphone and the micro sd card upon these items finally being
returned to Coughlin some 3F days later((( and it #as impermissible for the smartphone and data
card to be boo%ed into property on 0ebruary 2Fth, 2012 at the "ashoe County 2etention Center,
only to be retrie&ed the follo#ing day by the City of 9eno <arshals and returned to the 9<C(((that is
not a search incident to arrest, it is not close enough in time to the arrest, it occurred after the
property #as already boo%ed into property at the "C2C and there #as not ris% of spoliation of
Be&idenceB, particulary #here neither <arshal Harley, @udge :ash Holmes, nor City Attorney Allison
Crmaas has been re7uired to say much of anything on the record to establish the probable cause for
conducting such an unla#ful search indicent to arrest, or the rationale for such an arrest any#ay,
beyond a seemingly prete4utal finding that Coughlin committed Bsummary criminal contemptB, made
one second after Coughlin uttered the testimony: B!argent 8arter lied #hen he said that((((B and
made $ust minutes after Coughlin's return from a restroom brea% #here @udge :ash Holmes ordered
the City of 9eno <arshals to accompany Coughlin into the restroom, and upon returing @udge :ash
Holmes immediately, sua sponte, began interrogating Coughlin and attempting to coerece consent
from Coughlin to an impermissible &iolation of Coguhlin's 0ourth and 0ifth Amendment rights, and
#here @udge :ash Holmes later made the erronoues and complete unsupported by specific facts or
e&idence finding that Coughlin BliedB or Bprobably liedB #ith respect to 7uestioning by @udge :ash
Holmes as to #hether Coughlin #as recording the proceeding( "C!C +atricia 5ec%man pro&ide
Coughin a hand#ritten note at the "C2A indicating, but unsigned that Bper @udges Crders, contact
9<C <arshal 2ayton *2eighton, sic,B in response to Coughlin's point 7uestionings regarding the
chain of custody and possession of the the smartphone and micro sd card boo%ed into Coughlin's
personal property by the "C2C staff on 0ebruary 2Fth, 2012, and apparently retrie&e the follo#ing
day by the City of 9eno <arshalls, an impermissible attempt at conducting a search incident to arrest
for Bsummary criminal contemptB that #as in no #ay, at least on paper, related to any actions by
Coughlin conscerning any purported BrecordingB or Brecording de&icesB but rather, perhaps
prete4ually, to Coughlin's Bpersisting in lines of in7uiry after being admonished by the Court to cease
doing soB and other fairly innocuous sounding allegations that apparently #arranted a summary
day incarceration of then attorney Coughlin, despite his indication that his client's interests may be
pre$udiced by the lac% of any stay at all, and #here W100 in bail #as retained by the 9<C, despite
Coughlin not being released a day early as agreed to( 8hat 0ebruary 2Fth, 2012 !tatus Conference
in 9C92012?0EE30, occurring outside 2ogan's client's presence, #hich started at appro4imately
3:00 pm after @udge :ash Holmes #as finally located by her assistant(((and curiously close in time to
the clandestine 0ebruary 2Fth, 2012 !tatus Conference bet#een "C+2 5iray 2ogan and 22A Lach
=oung *#hich Coughlin had been pro&ided notice, in #riting, on 0ebruary 26th, 2012, to the effect
that that !tatus Conference in that matter 9C92012?0EE30 #as continued to <arch 29th, 2012 in
light of a scheduling conflict #ith Coughlin's 9<C traffic citation 8rial *incident to 9+2 !argent
8arter's :o&ember 1th, 2011 order for some other officer #ho #asn't e&en there that 8arter called in
$ust to #rite the tic%et, strangely, upon 8arter telling Coughlin to lea&e 9ichard G( H)ll, Ds7('s officer,
- 211/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
#here Coughlin had gone see%ing his state issued dri&er's license, #allet, %eys, and client's filed
upon being release from 3 days in custody incident to a custodial trespass arrest o& :o&ember 13th,
2011 by 9+2 Chris Carter, #hom lied in his police report regarding #hether Coughlin indicated a
resistance to lea&ing the premises after being told to, or gi&en a #arning *and Carter's lies are
confirmed by the &ery &ideo tapes of the interactions that 9ichard G( H)ll propounded to the 9eno
City Attorney's Cffice, not that that stopped Chris HaAlett?!te&ens from suborning H)ll's per$ury,
similar to +amela 9oberts suborning the per$ury of 9!)C Cfficer Kameron Cra#ford incident to the
"al?<art candy bar petty larceny 8rial on :o&ember 30th, 2011 *#here Coughlin #as denied a
continuance e&en #here H)ll #as applying an unla#ful rent distraint to e4cuplatory &ideos belong in
to Coughlin re&ealing an e4press retaliatory intent by "al?<art managers and A+ Associates prior to
the !eptember 9th, 2011 petty larceny arrest of Coughlin by Cfficer Cra#ford, for conduct allegedly
occuring after Fpm, outside the officer's presence( Cra#ford had to lie at 8rial in testifying that
Coughlin failed to produce his dri&er's license, to get around the statutory prohibition for ma%ing such
a custodial arrest for a misdemeanor *Cra#ford #asn't able to fudge the &alue of the item 7uite li%e
old 9+2 :icholas 2uralde did incident to an arrest on August 20th, 2011 for the alleged petty larceny
of an i+hone that Cory Goble has testified in 9C920110?0E3361 #as o&er three years old at the time
of the arrest and purchased for W300 ne# in @une 200;(((9+2 2uralde made smug retaliatory
statements to Coughlin #ith respect to the misconduct he #as committing *prete4tual o&ercharging to
get around the 0ourth Amendment and :9! dictates against custodial arrests for conduct occuring
after F pm and not in the officer's presence,(
<r( -eslie, you recently #rote: B0inally, at this point, after ha&ing again re&ie#ed the documents and
e&idence in the petit larceny case as #ell as ha&ing again re&ie#ed your &arious emails
communications, demands, threats, and suggestions *including those #ith merit and those lac%ing
merit,, it is my intention if ) continue to be your attorney that upon resumption of petit larceny trial )
#ill call upon you to decide #hether or not you #ill testify *to date, despite my repeated efforts, you
ha&e e&aded pro&iding a straight ans#er to that 7uestion and ha&e e&en e&aded my attempts to help
prepare you for testimony should you decide to testify,( )f you do not clearly state your desire to
testify, then the presumption #ill be that you #ish to rely on your 0ifth Amendment right not to be
compelled to testify and upon that presumption you #ill not be called as a #itness for your defense(
Cther than you, ) anticipate no defense #itnesses at this point in time, although ) continued to gi&e
that 7uestion consideration and re?e&aluation on an ongoing basis along #ith re&ie# and re?re&ie# of
the file and testimony thus far adduced(

Any dates prior to the 10S22S12 competency hearing in your case #ith <r( 2ogan #ill also need to be
reset to a date on or after 10S22S12, since, as noted abo&e, no court action can be ta%en pending the
official court determination of competency(B
@im, you ha&e been pro&ided plenty of reasons to get those #itnesses ser&ed subpoenas and to
Aealously ad&ocate, #ith reasonable diligence and competency, yet you continue to appear to be
doing your B"ee%end at @eremy'sB routine, please cease that approach( And your characteriAations
of your Battempts to helpB me prepare for 8rial or to testify *no real efforts &is a &is the !uppression
Hearing, huh', are laughable(((if by Bhelp you prepareB you mean Bstormed out of meetings and hung
up phone calls li%e a mid?career 2iana 9oss?style di&aB then, uh, yeah, ) guess you could say you
BhelpB a scintilla or t#o, oh and don't forget to credit yourself for managing not to utiliAe incredibly
strong e4culpatory e&idence, or material #itnesses, or the reams of e4cellent legal analysis and
research ) ha&e pro&ided you((((if you consider that BhelpB, that is( Get those subpoenas and
subpoena duces tecum ser&e, please, <r( -eslie(
8he "C+2 has a duty to continue representing me during this time, and that includes all the 9ules of
+rofessional Conduct, you may #ant to go through them #ith a fine tooth comb as you are ma%ing
this really, really easy for me(((practically li%e ta%ing candy from a baby, and ) #ould prefer to see the
"C+2 pro&ide at least ade7uate representation here, rather stubbornly persist in its current course
of conduct(
- 212/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!incerely,
Lach Coughlin
+C 5CY 39E1
9eno, :1 ;90
8el FF 33; ;11;
0a4 969 EEF F602
LachCoughlinXhotmail(com
0rom: @leslieX#ashoecounty(us
8o: AachcoughlinXhotmail(com
!ub$ect: Coughlin: 9C911?0E3361 *+etit -arceny, and 9C912?0EF9;0 *9esisting,
2ate: 8hu, 11 Cct 2012 1F:6:03 [0000
<r( Coughlin:

+lease ta%e note that in your petit larceny case the competency hearing has been mo&ed from
10S1S12 to 10S22S12 at 10:00 a(m( and the trial in that petit larceny case has been reset to 11S19S12
at ;:30 a(m(

+lease also ta%e note that in your resisting case, the misdemeanor pretrial hearing is reset for
10S22S12 at 10 a(m( "e are resetting the pretrial hearing on the 12?0EF9;0 case to coincide #ith the
10S22S12 10 a(m( competency hearing, since under la# #e cannot hold an earlier pretrial in that case
until competency in the petit larceny case is determined by the court upon the -a%es report(

"e are also sending regular mail notification of these date changes in addition to this email
notification(
8he reason for the change of dates is that ) am una&ailable on 10S1S12(

Additionally, gi&en your repeated complaints and repeated e4pressions of lac% of satisfaction about
the performance of any and all attorneys assigned to you, and gi&en that the feedbac% #e are
recei&ing from -a%es Crossing is that you are legally competent and are able to assist and cooperate
#ith counsel, should you so choose, it is my intention to as% the court on 10S22S12 to relie&e our
office and permit you to self?represent( +lease note that as a courtesy to you ) had the resumption of
trial in the petit larceny case pushed out past the competency hearing, so that if you are permitted to
self?represent you #ill ha&e inter&ening time to prepare for resumption of trial, recei&e any materials
from our office that are appropriate to a self?representation hand?off, and pursue any motions you
deem appropriate against the stateJs case prior to resumption of trial(

)f, ho#e&er, you oppose self?representation, ) #ill as% the court to cease entertaining any and all
further complaints by you against counsel, since by opposing self?representation you #ill ha&e
decided to remain represented by your assigned counsel( !ince -a%es reports that you are
competent and able to interact #ith counsel li%e a normal person, assuming you &oluntarily choose to
so conduct yourself, there are no remaining e4cuses for your beha&ior and certainly no e4cuses
based on mental inability, deficiency, or incompetency(

0inally, at this point, after ha&ing again re&ie#ed the documents and e&idence in the petit larceny
case as #ell as ha&ing again re&ie#ed your &arious emails communications, demands, threats, and
suggestions *including those #ith merit and those lac%ing merit,, it is my intention if ) continue to be
your attorney that upon resumption of petit larceny trial ) #ill call upon you to decide #hether or not
you #ill testify *to date, despite my repeated efforts, you ha&e e&aded pro&iding a straight ans#er to
that 7uestion and ha&e e&en e&aded my attempts to help prepare you for testimony should you
decide to testify,( )f you do not clearly state your desire to testify, then the presumption #ill be that
you #ish to rely on your 0ifth Amendment right not to be compelled to testify and upon that
- 213/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
presumption you #ill not be called as a #itness for your defense( Cther than you, ) anticipate no
defense #itnesses at this point in time, although ) continued to gi&e that 7uestion consideration and
re?e&aluation on an ongoing basis along #ith re&ie# and re?re&ie# of the file and testimony thus far
adduced(

Any dates prior to the 10S22S12 competency hearing in your case #ith <r( 2ogan #ill also need to be
reset to a date on or after 10S22S12, since, as noted abo&e, no court action can be ta%en pending the
official court determination of competency(

8han% you,

@ames 5( -eslie, Ds7(
Chief 2eputy +ublic 2efender
"ashoe County +ublic 2efenderJs Cffice
30 !outh Center !treet
0ifth 0loor
9eno, :1 ;909
1?;00?FE2?;031
2irect 2ial: FF?33F?6;2;
0a4: FF?33F?6;E
Dmail: $leslieX#ashoecounty(us

0rom: AachcoughlinXhotmail(com
8o: bdoganX#ashoecounty(us> $boslerX#ashoecounty(us> $leslieX#ashoecounty(us
!ub$ect: misue of 911 case
2ate: 8hu, 20 !ep 2012 02:20:22 ?0F00
<r( 2ogan,


Ch, loo% at that, there is the <HC contract #ith Coughlin that fails to e4clude the medication
Coughlin #as ta%ing and #hich the <HC and 5iondo cited as their rationale for e4pelling Coughlin,
libelling him, in fact( :ot that old @ennifer 9ains #as going to ad&ocate anything about that' ) ha&e
no idea #hat the purpose of e&en ha&ing an attorney there is' And @udge Dlliot #as really thro#n
for a loop #hen 5iray mentioned a Bsocial #or%erB on staff at the "C+2, in that transcript of the April
2Fth, 2011 Hearing that ) finally gots my hands on(



) am curious to hear yoru theory of the case *#hether the charge be resisting or obstructing arrest or
#hate&er it #as =oung sought to amend the Complaint to *something more in line #ith a 'Berious
crimeB &is a &is a !C9 111*E, analysis, or if the charge remaisn misue of emergency ser&ices(
+lease pro&ide me #ith any no&el legal research you culled for this case( Additionally, yoru #ere
already pro&ided these &ideos, but here they are again, &ideos of both arrests made or ordered by
!argent !ifre *#ho gets W1;K a year and about our age, 5iray, #ithin a 3E hour period of each
other, #ith an inter&ening pullo&er by Cfficer 2uralde and other 9+2 personnel late at night after
Coughlin bonded out on the custodial arrest for $ay#al%ing on @anuary 12th, 2012(
5iray, some people might say that 22A =oung has used you, the "C2A Cffice has used you, the
9<C and @udge :ash Holmes ha&e used you, and perhpas e&en that <r( 5osler and <r( -eslie are
using you( <aybe you li%e it( <aybe you li%e being used( <aybe you li%e being pushed around(
<aybe you lo&e it( <aybe that is #hat you are good at(
- 214/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28


5iray, please tell me ho# true any of the follo#ing stri%es you as being:

!C9 111*E,: B2efinition of Hserious crime(I 8he term Hserious crimeI means *1, a felony and *2, any
crime less than a felony a necessary element of #hich is, as determined by the statutory or common?
la# definition of the crime, improper conduct as an attorney, interference #ith the administration of
$ustice, false s#earing, misrepresentation, fraud, #illful failure to file an income ta4 return, deceit,
bribery, e4tortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to
commit a Hserious crime(I

Coughlin's "C+2, 5iray 2ogan, Ds7( and 22A =oung, in the 9@C prosecution for Bmisuse of
emergency ser&icesB *911 calls,, #hen considering their lac% of candor to the tribunal, fairness to
opposing counsel *gi&en Coughlin filed a :otice of Appearance and has the right to represent
himself, and is an attorney,, 22A=oung's repeated instances of &iolating :9! #ith respect to all
matters being stayed upon an Crder for Competency D&aluation being entered against a party, such
a Coughlin, and the failure of 2ogan to alert Coughlin to, or pro&ide any copy of *depsite Coughlin's
repeated #ritten demands, the @uly 31st, 2012 <otion to Amend Complaint *that, upon @udge
!ferraAAa 7uerrying 22A =oung as to #hether the 2A e&en needed see% an Crder allo#ing it to so
amend such a Complaint, responded that the 2A did not, but that he #as $ust see%ing one Bfor
purposes of %eeping the record 'clean'B, #hate&er in the #orld that means( "hen &ie#ed #ith 2ogan,
=oung and -eslie's attempts to shuffle Coughlin on through the <!C process *22A =oung indicated,
to @udge !ferraAAa, on the record, #hile attempting to chec% of the <!C bo4 minutes before the
!tart of the August 29th, 2012 i+hone petty larceny 8rial, that he anticipated the <!C Bonly ta%ing a
couple minutes, at mostB and felt it #as Coughlin's BobstructionistB and BdifficultB attitude of Bnon?
complianceB that #as pre&enting him from effecting his stated goal( 22A =oung clearly subscribes to
the 9+2 9on 9osaS:ic% 2uralde school of BHo#'s that runnin' for yaB style retaliation, intimidation,
and misconduct(
<ost troubling about 2ogan and 22A =oung's apparent conspiracy to get an Crder for Competency
D&aluation against Coughlin during their clandestine <!C of 2S2FS12 *#hich, again, Coughlin #as
noticed, in #riting, had been continued out to <arch 29th, 2012,, including impermissible
communications to the 9<C and @udge :ash Holmes *#ho arguably &iolated :9! by continuing on
#ith the traffic 8rial $ust minutes after being made a#are of the 2S2FS12 Crder for Competency
D&aluation in the 9@C by 2ogan and, perhaps, by 22A =oung as #ell, is 2ogan's failure to inform
Coughlin of 22A =oung's 9+C 3(; &iolating <otion to Amend Criminal Complaint, #herein 22A
=oung see%s to alter the charge to one that #ould in&o%e a mandatory !C9 111 +etition in light of
!C9 111*E,'s definition of a Bserious crimeB and the Bstatutory or common la# definitionB of the crime
for #hich 22A =oung, though lac%ing Bprobable causeB sufficient to satisfy his 9+C 3(; duty, sought
to ha&e so amended to an Bobstructing or resisting a public officerB charge, #hich of course fits
s7uarely in the Bserious crimeB definition set forth in !C9 111*E,( !o, no, @udge !ferraAAa, Coughlin
#as not Bo&er?la#yering itB on August 29th, 2012 during the Bonly ta%e a minute at mostB <!C 2ogan
and 22A =oung *and -eslie, sought to slip past @udge !ferraAAa right before the big i+hone petty
larceny trial that may #ell decide #hether Coughlin can e&er practice la# again *including as a patent
attorney before the /!+8C,( Coughlin, on the record, ris%ed going to $ail #hen he indicated that #hat
2ogan has $ust said #ith respect to #hether Coughlin ob$ected to the !tate's so amending the
Complaint #as not #hat Coughlin had indicated to his counsel, in 9C92012?0EE30 from a gross
misdemeanor Bmisuse of 911B charge to a misdemeanor Bobstructing and resisting a public officer
chargeB( Coughlin responded to @udge !ferraAAa's incredulity at his ob$ecting to amending to a lesser
charge *Coughlin indicated doing so, ho#e&er counter?intuiti&e, Bmay someho# inureB to his benefit,,
then @udge !ferraAAa indicated Coughlin BdefinitelyB #as Bo&er?la#yering itB(((but then +eter @( #ent
+eter @(, li%ely sensing an attempt to pull the #ool o&er one's eyes, and because Bgame recogniAe
- 215/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
game, real recogniAe realB(((@udge !ferraAAa decided to not countenance 2ogan and =oung
attempts to lead the 9@C and Coughlin blindly *and in a <!C that Bshould only last a minute or t#o at
mostB per 22A =oung, through their tired, tac%y, hac%neyed, sordid little plan( 8here is a reason
@udge !ferraAAa is often mentioned as the best of all the fine 9@C @udges by long time local
attorneys( 2ogan and =oung, despite being #ell a#are of the !eptember th, 2012 Crder for
Competency D&aluation still ha&e failed to &acate the <otion Hearing set for Cctober 2nd, 2012 in
that regard(

<aybe old Lach =oung gonna gi&e his buddy 5iray 2ogan a $ob pic%ing up his dry cleaning or
somethin' #hen 2ogan's get disbarred on account of the primrose path he got led on do#n by ol' nice
ol' Lach =oung, #hom is the BniceB and BfairB one compared to Halstead and(((remember saying that
5?8o#n' He nicin' you into bar grie&ances and stic%y #ic%ets a plenty(
Lach Coughlin
0rom: Lach Coughlin *AachcoughlinXhotmail(com,
!ent: "ed 10S1FS12 1:66 +<
8o:$leslieX#ashoecounty(us
@im,
CC/GH-): HA! :C8 "A)1D2 8HD A88C9:D= C-)D:8 +9)1-DGD(
-i%e you al#ays say to me #hene&er ) as% you for a clear ans#er to a clear 7uestion: Byou $ust can't
portend #hat #ill happen #hen you go into courtB(((in #hich case your approach is to be ready for
nothing((((by doing no prep, and clearly being una#are of the differences bet#een 9ob 2a#son
chec% s#inging a s%ateboard at my head and Cory Goble *the alleged &ictim #hom failed to sho# up
for the 8rial on @uly 1E, 2012, that you referred to as Bsome sort of hearingB, at #hich 8empleton and
2a#son and perhaps :icole "atson sho#ed up(((and "atson li%ely sho#ed up on August 29th or
!ept th, 2012, something the @udge mentioned on the record, #hich you carefully attempted to s%irt,
in a manner consistent #ith your repeated attempts to establish a citiAen's arrest *most all of your
cross of Goble #as directed to#ards $ust that, e&en though your client's interests and the facts as
established by the &ideosSaudios and 911 tapes *and li%ely the dispatch tapes that you ha&e failed to
secure, clearly sho# that no citiAen's arrest too% place, and therefore, an impermissible arrest for a
misdemeanor *and you ha&e failed to in&estigate or 7uery Goble, or document any such efforts
@im please respond in #riting to the follo#ing:
1( "hat statements and documentary e&idence or prior testimony, in your &ie#, support Coughlin's
contention that no BcitiAen's arrestB too% place'
2( "hat has Goble indicated to the "C+2 and in his testimony and any documentary e&idence that
he indicated to the 9+2 regarding the present mar%et &alue of the i+hone he alleges #as his on
August 20th, 2012(
3( Ho# has Larate's and Cfficer 2uralde's testimony at 8rial contradicted each other, especially, &is
a &is, the !tatements by Larate regarding #hat e4actly he told the 9+2 prior to and follo#ing the
arrest, #hat Larate admitted to in the in&estigatory &ideos that Coughlin s#ears under penalty of
per$ury, pursuant to :9! 3(06 that he too% and has not altered in any #ay *including the audio in
those &ideos,, the &ideo and audio of the arrest itself' "hat contradicted #hat e4actly and #hy are
such contradictions of material rele&ance to materials facts in dispute and elements the !tate needs
to pro&e in this matter' +lease be specific, #ith citations to the rele&ant 8rial record, the documents
on file *including any that the @udge has purported to stri%e or that -eslie has indicated the B"C+2
does not $oin in onB *despite pre&ious filings by Goodnight to the opposite effect and despite 22A
=oung &iolating :9! 1F;(60 in filing, at 2: pm, a fugiti&e document, filed during the pendency of
Crder for Competency D&aluation by @udge Clifton *despite @udge !chroeder being listed on the
- 216/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
doc%et as presiding o&er the Bhearing and motion sho#ing good causeB by 2ogan, in con$unction
#ith 22A =oung *and the 9<CS@udge :ash Holmes as admitted to in her <arch 16th, 2012 letter
regarding Coughlin to the !tate 5ar of :e&ada, something the "C+2 has been particularly e&asi&e
and non?responsi&e in regards to(((0urther, -eslie has a super&isory role o&er 2ogan, as does
0ortier, and 5osler, and all ha&e failed to address the fact that 2ogan has failed to communicate #ith
Coughlin in any #ay, or other#ise fulfill his duties of competence and to communicate #ith the client
and ad&ocate Aealously on his behalf( 2ogan has not pro&ided a shred of legal ad&ice to Coughlin
in defense of the Bmisuse of 911B case, nor has he e&er pro&ided Coughlin the @uly 31st, 2012
<otion to Amend Criminal Complaint by 22A =oung that see%s to amend a dificult to maintain
Bmisue of 911 by allegedly calling 911 to report police and emergency dispatcher misconduct chargeB
*though the information in the Complaint itself is particulary insufficient, #ith a Bresisting and or
ma%ing a false statement to a public officerB charge that impermissilby retaliates against Coughlin
#hile affording the 2A more le&erage &ia the language of !C9 111*E, necessarily being e4pressly
implicated by such an amending of the original Complaint( -eslie has repeatedly purported to be
counsel super&ising 2ogan on 9C92012?0EE30, so he is responsible for such failures of 2ogan
and those by himself in that case as #ell,(
6( @im, please pro&ide me, by email and fa4, a copy of any letter, fa4, or email, by anyone at the
"C+2 Cffices purporting to notify Coughlin of the August Eth, 2012 Bcombo?hearingB date #herein
matters directed to#ards Coughlin's defense #ere BheardB during a BhearingB at #hich -eslie's
Bad&ocacyB pre&ented Coughlin Bbeing remanded into custodyB, in&ol&ing the "C+2's defense of
Coguhlin in 9C92011?0E3361, 9C92012?0EE30, and 9C92012?0EF9;0 *the last matter, for #hich,
a 8rial date of !eptember 1;th, 2012 #as set, despite Coughlin's later ob$ection to the failure to
afford him any sort of pre?trial hearing, and despite -esie failure to notify Coughlin of the fact that on
August 23rd, 2012, the !tate pro&ided notice of 2uane @a%ob, :orth#ind's <anager being listed as a
#itness it intends to call, e&en #here Coughlin has repeatedly demanded that the "C+2 copy
Coughlin on any and all filings in any matter it represents Coughlin on, by email and fa4 *digitally
&erifiable means of transmission,( 8he "C+2 has ne&er once indicated that it sent Coughlin any
sort of communication, #ritten or other#ise, informing Coughlin of the August Eth, 2012 combo?
hearing date *or the communications that -eslie has #ith the Court resulting in an August 9th Bnote
CrderB *on a yello# post?it, purporting to reclassify the August 29th, 2012 Hearing date on the
<otion to !uppress *as rendered during the @uly 1Eth, 2012 8rial date in 9C92011?0E3361, #herein
#itnesses #ere Bheld to their subpoenasB, despite 9ob "atson later admitting that -eslie told him he
didn't ha&e to sho# up((((,( +lease be sure to as% -inda Gray #hat she told Coughlin in her
communications #ith Coughlin follo#ing Coughlin's receipt of -eslie's misleading email to Coughlin
follo#ing the August Eth, 2012 Hearing date and -eslie's testimony during the BHearingB on the issue
of #hether a conflict e4isted bet#een -eslie and Coughlin pre&enting -eslie from ad&ocating on
Coughlin's behalf effecti&ely(
( @im, please detail, in #riting, the instances #here you ha&e purported to BtestifyB on Coughlin's
behalf, as to matters such as BCoughlin refused to ans#er the officer's 7uestionB *Actually, @im,
Coughlin did not e4pressly refuse to ans#er any officer's 7uestion, and @udge !ferraAAa pointed this
out at 8rial, noting that the Cfficer actually told Coughlin B$ust don't tal% anymoreB, something -eslie
failed to le&erage at trial, particularly #ith respect to the e4tent to #hich Coughlin's compliance or
cooperati&e #ith respect to commands and orders gi&en by the officers #as of material rele&ance,
including, but not limited to, both the reasonable suspicion pat?do#n analysis and the probable cause
for arrest issue, as #as -eslie attempt to indicate on Coughlin's behalf that Coughlin has pre&iously
threatened to sue 2uralde and the 9+2 *#hich is contradicted by much e&idence, including
Coughlin's &arious emails #herein he indicates the opposite, as #ell as by 2uralde's testimony,
much to -eslie's dismay, that he had ne&er heard any such thing,(
E( <r( -eslie, please indicate in #riting, #hile citing to the record and other materials, the e4tent to
#hich Goble's allegations respecting Bsetting the i+hone do#n on a ledgeB is contradicted by Larate's
testimony and indications in other materials respecting the characteriAation of #here, e4actly, the
i+hone #as placed, #ith particular emphasis on ho# this affects the abanonded, lost, or mislaid
- 217/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
property analysis *delineating bet#een all three distinct classifications thereof #ith aid pro&ided by
the specific legal research materials Coughlin has pre&ioulsy pro&ided to the "C+2,(
F( <r( -eslie, please indicate the state of the la#, in :e&ada especially, concerning the e4tent to
#hich the !tate has repeatedly sought to rely upon hearsay testimony to pro&e facts in issues
*regardless of #hat =oung attempts to classify as the reason for his as%ing 7uestions calling for such
testimony,, #ith specific legal citations to statute and case la# related to the impermissibility thereof,
and a Honigsber grid style analysis of the failure of -eslie to ad&ocate on Coughlin's behalf #ith
respect to each instance of the !tate doing so, including #here the !tate fraudulently purports to
incorporate matters from the Hearing on the <otion to !uppress *testified there for one purpose, for
a completely different purpose at 8rial, an impermissible purpose( +lease be sure to cite to the
record and case la# and indicate your plan of attac% and the legal citation you intend to present(
Lach Coughlin
+C 5CY 39E1
9eno, :1 ;90
8el and 0a4 969 EEF F602
LachCoughlinXhotmail(com
0rom: @leslieX#ashoecounty(us
8o: AachcoughlinXhotmail(com
!ub$ect: Coughlin:
2ate: 8ue, 1E Cct 2012 20:2F:2 [0000
<r( Coughlin:

) tried your suggestion, e&en before you made it( After your email, ) tried again, including #ith my
slee&es rolled up per your polite commentarySsuggestion( 8he attachments still #ill not open( 8hey
also do not appear to gi&e the Hopen #ithI option, at least not at my end(

2o you #ant to try redoing on your end and resend'

Also, your emails seem inconsistent #ith your longstanding e4pressed desire to represent yourself( )
thin% an argument can be made that the court should ha&e allo#ed you to self?represent in the petit
larceny trial( Can you gi&e me a clear indication of your position on representing yourself &ersus
&oluntarily %eeping your assigned counsel' 8he competency hearing is ne4t <onday(

8han% you,


@ames 5( -eslie, Ds7(
Chief 2eputy +ublic 2efender
"ashoe County +ublic 2efenderJs Cffice
30 !outh Center !treet
0ifth 0loor
9eno, :1 ;909
1?;00?FE2?;031
2irect 2ial: FF?33F?6;2;
0a4: FF?33F?6;E
Dmail: $leslieX#ashoecounty(us

9D: Coughlin:
0rom: Lach Coughlin *AachcoughlinXhotmail(com,
- 218/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
!ent: <on 10S1S12 1:1 +<
8o:-eslie, @im *@leslieX#ashoecounty(us,> $boslerX#ashoecounty(us
=ou are going to ha&e to loo% at the file type and find a player for it or get a codec pac% 2ino((((#ay
to roll the old slee&es up(
?????Criginal <essage?????
0rom: -eslie, @im
!ent: 1 Cct 2012 1:1:10 G<8
8o: AachcoughlinXhotmail(com
!ub$ect: Coughlin:
<r( Coughlin:

=our se&eral latest emails to me appear to ha&e attachments, but #hen ) tried to open them they do
not #or%(

8han% you,

@ames 5( -eslie, Ds7(
Chief 2eputy +ublic 2efender
"ashoe County +ublic 2efenderJs Cffice
30 !outh Center !treet
0ifth 0loor
9eno, :1 ;909
1?;00?FE2?;031
2irect 2ial: FF?33F?6;2;
0a4: FF?33F?6;E
Dmail: $leslieX#ashoecounty(us

&r
0rom: Lach Coughlin *AachcoughlinXhotmail(com,
!ent: <on 10S1S12 12:0F A<
8o:$leslieX#ashoecounty(us
1 attachment
data?2012?10?1?00?0?39(3gp *10E(E K5,
8itle:-eslie citiAen arrest
Lach Coughlin FF33;;11; +C 5o4 39E1 ;90B
0rom: Lach Coughlin *AachcoughlinXhotmail(com,
!ent: "ed 10S1FS12 1:E +<
8o:$goodnightX#ashoecounty(us
2ear @oe,
"e could really use your help on the defense of this matter, especially considering that you accepted
a paychec% for doing so for almost one year, then abruptly disappeared the morning of the 8rial, for
#hich neither you, not your superiors ha&e pro&ided any rationale in support thereof( 9eally, such
representation, particularly gi&en the incompetence of -eslie and lac% of preparation he has e&inced,
re&eals professional misconduct on your part, @oe, but ) #ant to gi&e you a chance to ma%e it right(
+lease do so and pro&ide me the fruits of your labor in #riting( Ch, also, could you e4plain the
follo#ing to me, in #riting:
- 219/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1( 2id Goodnight &iolated :9! 1F;(60 by setting a 8rial date of <ay Fth, 2012 *resetting the
0ebruary 29th, 2012 8rial date follo#ing the clandestine status conference bet#een 22A =oung and
2ogan in 9C92012?0EE30, and others(((#hich resulted in a 0ebruary 2Fth, 2012 1:31 pm file
stamped Crder for Competency D&aluation of Coughlin, #here the Crder follo#ing Competency
D&aluation of @udge Dlliot in C912?03FE #as not file stamped and entered until <ay 9th, 2012'
2( )n the minutes prior to the 8rial in 9C92011?0E3361, #hy did Goodnight admit that he had not
&ie#ed se&eral %ey e4culpatory &ideos pro&ided by Coughlin, and does such an admission pro&ide
all that #ould be necessary to find Goodnight has committed both professional misconduct and
malpractice'
3( 8o #hat e4tent is Goodnight guilty of professional misconduct and malpractice in connection #ith
his bro%ering a deal bet#een Coughlin and the <ental Health Court in&ol&ing a list of e4cluded
medications *#hich did not include, to any e4tent, the medication for #hich 9eno 5iondo, !haron
2ollardhide, and the <CH cited to Coughlin's use of as $ustify his e4pulsion from the <CH,,
especially #here Goodnight e4pressly indicated an un#illingness to ad&ocated on Coughlin's behalf
follo#ing Coughlin's e4pulsion from the <CH'
6( Ho# did Goodnight's <otion to !uppress e&ince a lac% of competency regarding its utter failure to
preser&e or ma%e argument directed to#ards the issue of #hether the fruits of any search incident to
arrest should be e4cluded or #ere supported by probable cause e&en #here the Court might rule the
pat do#n e4cluded' +lease attempt to correct any such failure on your part, #hile you still ha&e time
considering the pendency of this matter, #hich specific citation to the e4tent to #hich %no#ledge or
materials gathered in any sort of connection to the e4cluded pat do#n may not be relied upon in any
analysis of #hether there #as probable cause sufficient to support a search incident to arrest'
+-DA!D 9D!+C:2 ): "9)8):G(
!incerely,
Lach CoughlinB
8he duty to be a Aealous ad&ocate re7uires counsel representing a con&icted citiAen to search for
appealable issues if the client #ishes to appeal( !ometimes the issues are ob&ious, such as #hen the %ey
issue in the case #as #hether %ey e&idence should be suppressed as the fruit of an illegal search or seiAure
and, after the denial of an arguable suppression motion, the client pled guilty( )n that case, a logical place to
begin researching the suppression issue #ould be the !DA9CH A:2 !D)L/9D section of the manual( )n that
section the la#yer #ould find that under the !e&enth CircuitJs decision in /nited !tates &( -iss, 103 0(3d E1F
*Fth Cir( 199F, factual findings are generally re&ie#ed for clear error #hile, under /nited !tates &( Green, 111
0(3d 1 *Fth Cir(,, cert( denied, 11; !(Ct( 62F *199F,, the district courtJs conclusions of la# are re&ie#ed de
no&o( )f the issue in&ol&ed #hether the police had a legal basis for an in&estigatory stop, /nited !tates &(
8homas, ;F 0(3d 909 *Fth Cir(,, cert( denied, 11F !(Ct( 609 *199E, teaches that the 7uestion of #hether the
stop #as $ustified by Hreasonable suspicionI is re&ie#ed only on the basis of the information a&ailable to the
police at the time of the stop( 8o determine #hether the particular facts in the case rose to the le&el of
Hreasonable suspicion,I counsel might start #ith the 8homas case, and either use the headnotes and the
0ederal 2igest or use either "estla# or -e4is to search for cases that ha&e more similar facts to determine if
they amount to Hreasonable suspicion(I At other times the appealable issues are not as ob&ious( 8his manual
is intended to help ma%e you a#are of both the ob&ious issues and a number of the less common issues( 0or
e4ample, many defense la#yers and prosecutors seem una#are of the limits on #hat a prosecutor may argue
in closing argument( )f after re&ie#ing the trial transcript, counsel is concerned that the prosecutorJs
statements of fact in his closing #ere not supported by the testimony at trial, the section on
- 220/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
+9C!DC/8C9)A- <)!CC:2/C8 #ould re&eal that in /nited !tates &( Catton, ;9 0(3d 3;F *Fth Cir( 199E,,
the !e&enth Circuit found that re&ersal is re7uired if the prosecutor misstates the e&idence in his closing and it
cannot be determined that the &erdict #ould ha&e been the same absent the misstatements of fact( !o far, at
least in the !uppression Hearing, =oung has misstated the testimony and other#ise displayed a concerning
lac% candor to the tribunal( 59A2= P&( <A9=-A:2Q: As a matter of due process, the prosecution must
disclose to the defendant any e&idence in its possession, or that is reasonably obtainable, that tends to
e4culpate the defendant( E 9e&ie# of 5rady determinations *#hether 5rady #as &iolated by go&ernment
nondisclosure of e4culpatory e&idence,: abuse of discretion( /nited !tates &( Ashley, 6 0(3d 311, 312?313
*Fth Cir(,, cert( denied, 11E !(Ct( 232 *199,( 8est for 5rady challenge: *1, that the prosecution suppressed
e&idence> *2, that the e&idence #as fa&orable to the defense> and *3, that the e&idence #as material to an
issue at trial( /nited !tates &( !il&a, F1 0(3d EEF, EF0 *Fth Cir( 199,*citing /nited !tates &( "hite, 9F0 0(2d
32;, 33F *Fth Cir( 1992,,( D&idence is material only if there e4ists a Hreasonable probabilityI that its disclosure
#ould ha&e changed the result of the trial( /nited !tates &( !il&a, F1 0(3d EEF, EF0 *Fth Cir( 199,*citations
omitted,( A reasonable probability of a changed result e4ists #here the suppression of e&idence Hundermines
confidence in the outcome of the trial(I /nited !tates &( !il&a, F1 0(3d EEF, EF0 *Fth Cir( 199,*citing Kyles &(
"hitley, 11 !(Ct( 1, 1EE *199,*7uoting /nited !tates &( 5agley, 6F3 /(!( EEF, E;2 *19;,,( 9e&ie# of
5rady determinations on grounds of materiality: abuse of discretion( /nited !tates &( !il&a, F1 0(3d EEF, EF0
*Fth Cir( 199,( 8est to e&aluate pre$udicial impact of prosecution failing to turn potentially e4culpatory
e&idence o&er to the defendant in &iolation of 5rady &( <aryland: #hether, absent improprieties there is a
reasonable probability that defendants #ould ha&e been ac7uitted( /nited !tates &( 5oyd, 0(3d 239, 26
*Fth Cir( 199,( 9e&ie# of district courtJs decision about #hether to hold a 5rady hearing: abuse of discretion(
/nited !tates &( Austin, 6 0(3d 396, 601 *Fth Cir( 199,( /nder the 0ourteenth Amendment, Bit is #ell settled
that the go&ernment has the obligation to turn o&er e&idence in its possession that is both fa&orable to the
accused and material to guilt or punishment(B /nited !tates &( Hach, 1E2 0(3d 93F *Fth Cir( 199;,*7uoting
+ennsyl&ania &( 9itchie, 6;0 /(!( 39, F *19;F,*citing /nited !tates &( Agurs, 62F /(!( 9F *19FE,,( 8he !tate
and 22A =oung appear to be #ithholding other 911 calls, the dispatch recordings *and they do and or did
e4ist, and B#atch dispatch told the officersB has, ob&iously become of material rele&ance in this 8rial, and
more than te4t logs is re7uired, and Coughlin's recording of the arrest ma%es clear the Cfficer's had radio
contact( "hile the Bgo&ernment has an obligation to tender to the defense all e4culpatory records in its
possession, it has no obligation to see% out such information from third parties(B /nited !tates &( Hach, 1E2
0(3d 93F *Fth Cir( 199;,( Dmergency 2ispatch !er&ices is not a Bthird?partyB( 0urther, the 9+2 custodian of
records response to Goodnight's records re7uest and subpoena is o&erly limited in that is only purports to
ans#er as to #hether those officer's had recordings, not #hether anyone arguably a part of the B!tateB *ie, not
a third party, has them or other 5rady ready documentation(
INEFFECTIVE ASSISTANCE OF COUNSEL: -he 6e;enth Circuit has re"eatedl! Barned
a""ellate counsel that ine11ecti;e assistance o1 counsel claims should not Ae raised on direct a""eal, Aut
rather "resented in a "etition 1or a Brit o1 haAeas cor"us "ursuant to 0*
5.6.C. Q 00++. 6ee e.g., 5nited 6tates ;. 9acD, (39 ..3d ((70, ((7' 7th Cir. (99*#. -he reason 1or this
rule is that the "resentation o1 an ine11ecti;e assistance claim Bill almost ine;itaAl! require re;ieB o1
e;idence outside the record on a""eal. 5nless the Aasis 1or the claim a""ears 1ull! in the record, a""ellate
counsel should 1olloB the 6e;enth CircuitMs ad;ice +9
and sa;e ine11ecti;e assistance claims 1or a haAeas "etition. (See also--Habeas Corpus and
its federal counterpart.)
De1endant re"resented A! di11erent counsel on a""eal ma! raise claim o1 ine11ecti;e assistance o1
trial counsel on direct a""eal: hoBe;er, Court o1 8""eals Bould onl! re;ieB counselMs
"er1ormance Aased on record at trial, and the de1endant Bould Ae "rohiAited 1rom challenging
trial counselMs "er1ormance in "ost>con;iction "roceeding. 5nited 6tates ;. ?adoch, (,* ..3d
7'(, 7'+ 7th Cir. (997#.
- 221/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
%n direct a""eal de1endantMs claim o1 ine11ecti;e assistance o1 counsel Bas not ri"e Bhere record did not
"ro;ide clear e;idence su""orting claim. 5nited 6tates ;. <arrett, 9, ..3d 0(,, 0(4>0(+ 7th Cir. (99'#.
8 de1endant Aears a hea;! Aurden Bhen seeDing to estaAlish an ine11ecti;e assistance o1 counsel claim.
5nited 6tates ;. ?onigan, (0* ..3d ',9, '(( 7th Cir. (997#citing 4ones ;. $age, 7' ..3d *3(, *4, 7th
Cir.#, cert. denied, ((7 6.Ct. 3'3 (99'##.
-o estaAlish claim 1or ine11ecti;e assistance o1 counsel, a de1endant must "ro;e that: (#
an attorne!Ms "er1ormance 1ell AeloB an oACecti;e standard o1 reasonaAleness: and 0# the
attorne!Ms de1icient "er1ormance "reCudiced the de1ense. 5nited 6tates ;. ?onigan, (0*
..3d ',9, '(( 7th Cir. (997#citing 6tricDland ;. 7ashington, 4'' 5.6. ''*, '*7 (9*4##.
-o satis1! the 1irst "art o1 the 6tricDland test, a de1endant must identi1! acts or omissions o1 counsel that
1orm the Aasis o1 his claim o1 ine11ecti;e assistance. 5nited 6tates ;. ?onigan, (0* ..3d ',9, '(( 7th
Cir. (997#.
Concerning the second "rong, Gthe de1endant must shoB that there is a "roAaAilit! that, Aut 1or counselMs
un"ro1essional errors, the result o1 the "roceeding Bould ha;e Aeen di11erent.G 5nited 6tates ;. ?onigan,
(0* ..3d ',9, '(( 7th Cir. (997#citing 6tricDland ;. 7ashington, 4'' 5.6. at '((#.
2ne11ecti;eness claims Aased on a counselMs "er1ormance in connection Bith a motion to
su""ress e;idence do not constitute the t!"e o1 "reCudice contem"lated A! Stricland.
E;idence that should ha;e Aeen su""ressed Aut 1or counselMs incom"etence retained all
indicia o1 reliaAilit!, Bhile "reCudice in the Stricland sense re1ers to un"ro1essional
errors that are so egregious that the trial Bas rendered un1air and the ;erdict rendered
sus"ect. 5nited 6tates ;. 4ones, (+0 ..3d '*,, '** 7th Cir. (99*#. ',
8 de1endant Bho desires to BithdraB his "lea Aecause counsel rendered ine11ecti;e
assistance must shoB that ad;ice he recei;ed Bas not Bithin the range o1 com"etence
demanded o1 attorne!s in criminal cases and that there is a reasonaAle "roAaAilit! that Aut
1or counselMs un"ro1essional errors, the result Bould ha;e Aeen di11erent. Com"etence in
this situation requires the de1ense counsel: (# Glearn all the 1acts o1 the case and . . . maDe
an estimate o1 a liDel! sentenceG: 0# Gcommunicate the results o1 his anal!sis o1 the caseG
to the de1endant: and 3# Gthe scrutin! must Ae undertaDen in good 1aith.G -he attorne!Ms
anal!sis need not "ro;ide a "recisel! accurate "rediction o1 the sentence, Aut 1ailure to
"ro;ide good 1aith ad;ice aAout the sentencing consequences o1 a guilt! "lea can shoB a
de1icient "er1ormance. 5nited 6tates ;. <BiaEdEinsDi, (4( ..3d 7*4, 79, 7th Cir. (99*#
quoting 5nited 6tates ;. Barnes, *3 ..3d 934, 939 7th Cir. (99'##.
7hen anal!Eing "reCudice in the conte/t o1 ine11ecti;e assistance o1 counsel during "lea negotiations the
court should consider Bhether the de1endant estaAlished (# through oACecti;e e;idence that 0# there is a
reasonaAle "roAaAilit! that he Bould ha;e acce"ted the allegedl! "ro"osed "lea agreement aAsent de1ense
counselMs ad;ice. $aters ;. 5nited 6tates, (+9 ..3d (,43, (,4+>4' 7th Cir. (99*#citing -oro ;. .airman,
94, ..0d (,'+ 7th Cir. (99(##.
2ne11ecti;e assistance o1 counsel due to a con1lict o1 interest arises Bhen a de1ense attorne! is required to
maDe a choice o1 ad;ancing his oBn interest to the detriment o1 his client. <ra!>Ae! ;. 5nited 6tates, (+'
..3d 733, 73* 7th Cir. (99*#.
2n order 1or a de1endant to estaAlish that he Bas denied e11ecti;e assistance o1 counsel, he
must demonstrate hoB an alleged con1lict o1 interest ad;ersel! a11ected his laB!erMs
"er1ormance. <ra!>Ae! ;. 5nited 6tates, (+' ..3d 733, 73* 7th Cir. (99*#.
- 222/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 de1endant is required to demonstrate Aoth an actual con1lict o1 interest and an
ad;erse im"act on the laB!erMs "er1ormance in the de1ense o1 his client. <ra!>Ae!
;. 5nited 6tates, (+' ..3d 733, 739 7th Cir. (99*#.
2n order to estaAlish "reCudice resulting 1rom mistaDes made A! counsel at sentencing the de1endant must
shoB that the sentencing "roceeding Bas unreliaAle or 1undamentall! un1air such that the error "roduced
a signi1icant e11ect on his sentence. $aters ;. 5nited 6tates, (+9 ..3d (,43, (,4' 7th Cir. (99*#citing
Durri;e ;. 5nited 6tates, 4 ..3d +4*, ++,>+( 7th Cir. (993##. '(
2n a death "enalt! case, the de1endantMs laB!er is required to conduct a reasonaAle in;estigation into the
"ossiAilities 1or "ro;ing mitigating 1actors that might "ersuade the Cur! not to im"ose the death "enalt!.
-homas ;. <ilmore, (44 ..3d +(3, +(+ 7th Cir. (99*#citing 6tricDland ;. 7ashington, 4'' 5.6. ''*,
'9( (9*4##.
G8 reasonaAle in;estigation is not, hoBe;er, the in;estigation that the Aest criminal de1ense
laB!er in the Borld, Alessed not onl! Bith unlimited time and resources, Aut also Bith the
inestimaAle Aene1it o1 hindsight, Bould conduct.G -homas ;. <ilmore, (44 ..3d +(3, +(+ 7th Cir.
(99*#citing PoDoraleis ;. <ilmore, (3( ..3d '90, '9' 7th Cir. (997##.
-he Court o1 8""ealsM re;ieB o1 counselMs "er1ormance is highl! di11erential, "resuming reasonaAle
Cudgment and declining to second guess strategic choices. 5nited 6tates ;. ?onigan, (0* ..3d ',9, '((
7th Cir. (997#. PRE-TRIAL MOTIONS *,
)n limine motion must Ae reneBed at trial or the oACection is Bai;ed. 7ilson ;. 7illiams, ('( ..3d (,7*
7th Cir. (99*#o;erruling .a;ala ;. CumAerland EngMg. Co., (7 ..3d 9*7 7th Cir. (994#.
8 motion in limine is merel! s"eculati;e in e11ect, and Ga district Cudge is 1ree, in the e/ercise o1
silent Cudicial discretion, to alter a "re;ious in limine ruling.G 7ilson ;. 7illiams, ('( ..3d (,7*
7th Cir. (99*#quoting =uce ;. 5nited 6tates, 4'9 5.6. 3*, 4(>40 (9*4##.
5"on reneBal o1 oACections to e;idence at trial that had Aeen "re;iousl! addressed in a motion in limine,
de1ense counsel ma! asD 1or a Gcontinuing oACectionG s"eci1ic enough to reach the e;idence in dis"ute 1or
"ur"oses o1 "ossiAle a""eal. 7ilson ;. 7illiams, ('( ..3d (,7* 7th Cir. (99*#.
N 8 continuing oACection ser;es . . . to oA;iate re"eated oACections to e;idence admitted Bithin the sco"e o1 courtMs
s"eci1ic e;identiar! ruling.G 7ilson ;. 7illiams, ('( ..3d (,7* 7th Cir. (99*#quoting 5nited 6tates ;.
<omeE>Norena, 9,* ..0d 497, +,, n.0 9th Cir. (99,##.
8 de1endant Bai;es his right to a""eal a Gtrial courtMs "re>trial ruling that a "rior con;iction can Ae used
A! the "rosecution 1or "ur"oses o1 im"eachment Bhen the de1endant himsel1 Arought out the 1act o1 the
"rior con;iction in his direct testimon!.G 7ilson ;. 7illiams, ('( ..3d (,7* 7th Cir. (99*#quoting
5nited 6tates ;. De$riest, ' ..3d (0,(, (0,9 7th Cir. (993##.
PROSECUTORIAL MISCONDUCT: $rosecutorial misconduct can taDe man! 1orms, intimidating
"otential de1ense Bitnesses, commenting on a de1endantMs silence, or attacDing de1ense counsel during
closing argument. 21 the "rosecution engages in un1air tactics a""ellate counsel should raise the issue on
a""eal.
-he G"ur"ose o1 an o"ening statement is to state Bhat e;idence Bill Ae "resented, to maDe it
easier 1or the Curors to understand Bhat is to 1olloB, and to relate "arts o1 the e;idence and
testimon! to the Bhole.G 5nited 6tates ;. 3all, ('+ ..3d (,9+ 7th Cir. (999#quoting -esta ;.
Village o1 ?undelein, 2ll., *9 ..3d 443, 44+ 7th Cir. (99'##.
- 223/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2n o"ening statements, it Bould Ae a Grare situation Bhere it Bould Ae a""ro"riate 1or a "rosecutor
to comment on antici"ated de1ense e;idence Aecause a de1endant is under no oAligation to "ut
1orBard e;idence on his or her oBn Aehal1.G 5nited 6tates
;. 3all, ('+ ..3d (,9+ 7th Cir. (999#. *(
2t is re;ersiAle error Bhen "rosecutor intentionall! 1orces oBn Bitness to in;oDe BitnessesM .i1th
8mendment "ri;ilege against sel1>incrimination, resulting in an un1a;oraAle in1erence against the
de1endant. 3armon ;. ?cVicar, 9+ ..3d '0,, '04 7th Cir. (99'#.
6hoBing that "rosecutorMs introduction o1 1alse testimon! need not rise to the le;el o1 constitutional
;iolation on direct a""eal: it is enough that the Cur! ma! ha;e reached a di11erent ;erdict aAsent the 1alse
testimon! or i1 the Cur! had DnoBn the testimon! Bas 1alse. 5nited 6tates ;. Catton, *9 ..3d 3*7, 3*9
7th Cir. (99'#.
$rosecutorMs misstatements o1 1act in closing argument, and the 1alse testimon! A! his Bitness, require a
neB trial onl! i1 the! Bere "reCudicial. 5nited 6tates ;. Catton, *9 ..3d 3*7, 3*9 7th Cir. (99'#.
$rosecutorial errors are Beighed Cointl!. 5nited 6tates ;. Catton, *9 ..3d 3*7, 3*9 7th Cir. (99'#.
8lthough an! error, de1ect, irregularit! or ;ariance Bhich does not a11ect suAstantial rights shall Ae
disregarded .ed.).Crim.$. +0a##, the de1endant "re;ails Bhen the e11ect o1 the error is a close question.
5nited 6tates ;. -alAott, 7* ..3d ((*3, ((** 7th Cir. (99'#.
-he court em"lo!s a tBo "art test 1or assessing Bhether "rosecutorial remarDs are im"ro"er. .irst a court
looDs to determine Bhether the comments, looDed at in isolation, Bere im"ro"er. 21 the remarDs Bere
im"ro"er, the court then looDs at the remarDs in the light o1 the entire record to determine Bhether the
de1endant Bas de"ri;ed o1 a 1air trial. 5nited 6tates ;. Cusimano, (4* ..3d *04, *3( 7th Cir. (99*#.
21 "rosecutorsM remarDs are 1ound to Ae im"ro"er, a 1i;e>1actor e;aluation o1 the misstatements
determines i1 the "rosecutorMs im"ro"er comments de"ri;ed the de1endant o1 a 1air trial: (# the nature and
seriousness o1 the misconduct: 0# the e/tent to Bhich the comments Bere in;ited A! the de1ense: 3# the
e/tent to Bhich an! "reCudice Bas ameliorated A! the courtMs instruction to the Cur!: 4# the de1enseMs
o""ortunit! to counter an! "reCudice: and +# the Beight o1 the e;idence su""orting the con;iction. 5nited
6tates ;. Cusimano, (4* ..3d *04, *3(>30 7th Cir. (99*# citing 5nited 6tates ;. <ranados, (40 ..3d
(,(', (,0(>00 7th Cir. (99*##: 5nited 6tates ;. Pell!, 99( ..0d (3,*, (3(+ 7th Cir. (993#citing
Darden ;. 7ainright, 477
5.6. ('*, (*0 (9*'##. *0
-he 6e;enth Circuit has stated that there is a si/th 1actor in e;aluating Bhether a "rosecutorMs im"ro"er
comments de"ri;ed de1endant o1 a 1air trial, namel! Bhether the de1endant had an o""ortunit! to reAut
the "rosecutorMs comments. 6Bo11ord ;. DoAucDi, (37 ..3d 440, 44+ 7th Cir. (99*#citing Darden ;.
7ainBright, 477 5.6. ('*, (*(>*0 (9*'# and re1erring to 5nited 6tates ;. ?cClinton, (3+ ..3d ((7*,
((**>*9 7th Cir. (99*##.
-he si/ 1actors are not the onl! rele;ant considerations in assessing the 1airness o1 the de1endantMs
trial: the! are onl! hel"1ul guides in ansBering the ultimate question o1 GBhether the "rosecutorMs
comments Yso in1ected the trial Bith un1airness as to maDe the resulting con;iction a denial o1 due
"rocess.MG 6Bo11ord ;. DoAucDi, (37 ..3d 440, 44+ 7th Cir. (99*#citing Darden ;. 7ainBright,
477 5.6. ('*, (*(>*0 (9*'#quoting Donnell! ;. DeChristo1oro, 4(' 5.6. '37, '43 (974##.
)e;ieB o1 im"ro"er remarDs in closing argument: aAuse o1 discretion. 5nited 6tates
;. =o;elace, (03 ..3d '+,, '+4>'++ 7th Cir. (997#, cert. denied, ZZ6.Ct.ZZ, (997 7= *(,7(9 (99*##.
- 224/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5nder Nin;ited res"onseO doctrine, "rosecutor ma! maDe reasonaAle Aut otherBise im"ro"er res"onse to
im"ro"er de1ense argument. 5nited 6tates ;. 4ohnson>Di/, +4 ..3d (09+, (3,+ 7th Cir. (99+#.
-he issue on a""eal under the Nin;ited res"onseO doctrine is Bhether the "rosecutorMs in;ited
res"onse taDen in conte/t un1airl! "reCudiced the de1endant. 5nited 6tates ;. 4ohnson>Di/, +4
..3d (09+, (3,+ 7th Cir. (99+#.
-est to determine Bhether "rosecutorial misconduct Bas harmless: trial is ;ieBed as a Bhole and Court o1
8""eals re;ieBs strength o1 "rosecutionMs case, Bhether curati;e instruction Bas gi;en to Cur!, Bhether
im"ro"er details Bere argued to Cur! during "rosecutionMs closing argument, and length and com"le/it!
o1 trial. 5nited 6tates ;. )oAinson, * ..3d 39*, 4(( 7th Cir. (993#.
-he trial court ma! e/ercise Aroad discretion in controlling closing arguments and in ensuring that
argument does not stra! undul! 1rom the marD. 5nited 6tates ;. 7aAles, 73( ..0d 44,, 449 7th Cir.
(9*4#.
-o assess allegations o1 im"ro"er ;ouching in closing argument, the Court o1 8""eals 1irst considers the
"rosecutorMs remarDs in isolation. 21 the remarDs are im"ro"er in the aAstract, the Court o1 8""eals then
re;ieBs them in the conte/t o1 the entire *3
record and asDs Bhether the! denied the de1endant a 1air trail. 5nited 6tates ;. 8le/ander, ('3 ..3d 40'
7th Cir. (99*#5nited 6tates ;. 4ohnson>Di/, +4 ..3d (09+, (3,4 7th Cir.##.
2n re;ieBing allegations o1 im"ro"er ;ouching, the Court o1 8""eals e;aluates se;eral 1actors: (# the
nature and seriousness o1 the statement: 0# Bhether the de1ense counsel in;ited it: 3# Bhether the district
court su11icientl! instructed the Cur! to disregard it: 4# Bhether de1ense counsel had the o""ortunit! to
res"ond to the im"ro"er statement: and +# Bhether the Beight o1 the e;idence Bas against the de1endant.
5nited 6tates ;. 8le/ander, ('3 ..3d 40' 7th Cir. (99*#.
)e;ieB o1 the denial o1 a motion 1or neB trial on the grounds o1 im"ro"er ;ouching: aAuse o1 discretion.
5nited 6tates ;. 8le/ander, ('3 ..3d 40' 7th Cir. (99*#.
*riffin error comment on de1endantMs 1ailure to testi1!#:
8 "rosecutorMs direct re1erence to a de1endantMs 1ailure to testi1! ;iolates the de1endantMs "ri;ilege
against com"elled sel1>incrimination. <ri11in ;. Cali1ornia, 3*, 5.6. ',9 (9'+#.
*riffin ;iolation is re;ieBed using a tBo>ste" anal!sis: the "rosecutor must ha;e made im"ro"er remarDs
and, in light o1 the entire record, the remarDs must ha;e de"ri;ed the de1endant o1 a 1air trial. 5nited
6tates ;. 6enn, (09 ..3d **' 7th Cir. (997#: 6ee also 5nited 6tates ;. Butler, 7( ..3d 043, 0+4 7th Cir.
(99+#.
-he .i1th 8mendment 1orAids direct Gcomment A! the "rosecution on the accusedMs silence or
instructions A! the court that such silence is e;idence o1 guilt.G 5nited 6tates ;. ?cClellan, ('+ ..3d +3+
7th Cir. (999#quoting <ri11in ;. Cali1ornia, 3*, 5.6. ',9, '(+ (9*+##.
-he .i1th 8mendment also "rohiAits indirect commentar! on the de1endantMs decision not to testi1!.
5nited 6tates ;. ?cClellan, ('+ ..3d +3+ 7th Cir. (999#.
2ndirect comment on the de1endantMs decision not to testi1! occurs Bhere the go;ernment
characteriEes its o11er o1 e;idence o1 as GuncontradictedG, GundeniedG, GunreAuttedG, Gundis"utedG,
GunchallengedG, or Guncontro;ertedG and the onl! "erson ca"aAle o1 contradicting, den!ing,
reAutting, dis"uting, challenging, or contro;erting the e;idence at issue is the de1endant. 5nited
6tates ;. ?cClellan, ('+ ..3d +3+ 7th Cir. (999#. *4
- 225/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Interference with attorney-client relationship:
21 "rosecutorial misconduct denies de1endant right o1 counsel or an! other 1undamental right o1 a
criminal de1endant, including the right to an im"artial Cudge or to trial A! Cur!, it is re;ersiAle
error regardless o1 Bhether it Bas "reCudicial or harmless. 5nited 6tates ;. DiDomenico, 7* ..3d
094, 099 7th Cir.#, cert. denied, ((7 6.Ct. +,7 (99'#.
7hen "rosecutorMs closing argument Bas a constitutional ;iolation in this case, indirect comment on
de1endantMs 1ailure to testi1! and im"ro"erl! ;ouching 1or "rosecution Bitnesses#, "rosecution must "ro;e
Ae!ond a reasonaAle douAt that de1endant Bould ha;e Aeen con;icted aAsent "rosecutorMs
unconstitutional remarDs. 5nited 6tates ;. Cotnam, ** ..3d 4*7, 499>+,, 7th Cir.#, cert. denied, ((7
6.Ct. 30' (99'#.
2m"ro"er G"rosecutorial remarDs standing alone cannot Custi1! a neB trial unless the! Yundermined the
1airness o1 the trial and contriAuted to a miscarriage o1 Custice.MG 5nited 6tates ;. 3all, ('+ ..3d (,9+ 7th
Cir. (999#quoting 5nited 6tates ;. 9oung, 47, 5.6. (, (' n. (4 (9*+# and citing 5nited 6tates ;. ?eal!,
*+( ..0d *9,, 9,3 7th Cir. (99*#recogniEing that Ge;en i1 the "rosecutor engaged in im"ro"er conduct,
Be must re>e/amine the im"ro"er remarD in light o1 the entire record to determine Bhether the remarD
de"ri;ed the de1endant o1 a 1air trial.G##.
-he 6e;enth Circuit Bill not Glightl! o;erturn a con;iction Yon the Aasis o1 a "rosecutorMs comment
standing alone, 1or the statements or conduct must Ae ;ieBed in conte/t: onl! A! so doing can it Ae
determined Bhether the "rosecutorMs conduct e11ected the 1airness o1 the trial.MG 5nited 6tates ;. 3all, ('+
..3d (,9+ 7th Cir. (999#quoting 5nited 6tates ;. 6aadeh, '( ..3d +(,, +0( 7th Cir. (99+#quoting
5nited 6tates ;. 9oung, 47, 5.6. (, (( (9*+##.
-o determine Bhether a "rosecutorMs remarDs amount to "reCudicial error, a court Gmust consider the
"roAaAle e11ect the "rosecutorMs Aeha;ior Bould ha;e on the Cur!Ms aAilit! to Cudge the e;idence 1airl!.G
5nited 6tates ;. 3all, ('+ ..3d (,9+ 7th Cir. (999#quoting 5nited 6tates ;. 9oung, 47, 5.6. (, (0
(9*+##.
$rosecutorMs comments to Cur! during closing arguments Bere im"ro"er in that the! a""ealed to CurorsM
emotions and in;ited the Cur! to consider the social consequences o1 its ;erdict: "rosecutor im"ro"erl!
"ut the Curors in the citiEen BitnessM "lace A! asDing hoB the Curors Bould 1eel i1 the Curors Bere called
liars Bhen the! attem"ted to hel" in the a""rehension and "rosecution o1 the de1endant. -he "rosecutor
also im"lied that i1 the Cur! disAelie;ed the citiEen Bitness, "eo"le Bould Ae more reluctant *+
to come 1orBard to testi1! 1or 1ear that the! too Bould Ae called liars. 5nited 6tates
;. ?organ, ((3 ..3d *+, 9, 7th Cir. (997#.
$rosecutorial ;indicti;eness: 6ee V2ND2C-2VE $)%6EC5-2%N
6E8)C3 8ND 6E2Z5)E: 6earch and seiEure issues are go;erned A! the .ourth 8mendment. 8lthough the
Court o1 8""eals re;ieBs a district courtMs 1inding o1 historical 1acts 1or an aAuse o1 discretion, the district
courtMs legal determinations are re;ieBed de no;o. -hus, donMt Ae a1raid to challenge a district courtMs re1usal to
su""ress e;idence on a""eal.
Contrar! to DD8 9oungFs assertions, Coughlin is challenging e;er!thing, including the legalit! o1 the Gsto"G or
Gdetenti Bere onG, that the call to the i$hone Bas a search, Bhether there e/isted su11icient G"roAaAle causeG e;en i1
an!thing connect to the "at>doBn is throBn out to maDe and arrest and conduct a search incident thereto =eslie tries to
throB aBa! these arguments des"ite Coughlin demanding that he not do so. G6hoelessG 4im =eslie...CoughlinFs 0H(+H(0
$re>-rial ?otions Bas not some hacD CoA, it Bas good BorD, and Bas onl! 99 "ages, Bith 77 "ages o1 an E/hiAit, and the
- 226/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
;er! things 4udge 61erraEEa asDed 1or at -rial actual e/am"les o1 -err! st!le rulings in the laB# Bere meticulousl! culled
A! Coughlin Bho is a Borld class legal researcher, in 1act, e;en 4udge 61erraEEa admitted CoughlinFs gra"s o1 the
minutieua is GBithout equalG, and, contrar! to elections sa;e Bush ;. <ore#, one little detail could turn the Bhole case, so
there is no G1orest 1rom the treesG analog! to Ae made here, and e;en i1 there Bas, !ou DnoB Coughlin Bould Ae that gu!
li;ing in a tree>house Bith Bi>1i gi;ing the loggers the Ausiness and 1iling Veri1ied Com"laints 1or 2llegal =ocDout.
And, arguably, Coughlin being handcuffed well after any "weapons check pat down" had been done
sufficient to dispel any sense of danger, and thereby preventing Coughlin from checking more tactilely whether
Duralde had removed the iPhone from Coughlin's left front short's pocket (and there is plenty of evidence to
suggest that he did, including the statements of Coughlin at the 3:45 mark (do you have a right to be searching my
pockets right now?") on the video of the arrest and those made by Goble at the 4:45 ish mark (related to the
iPhone not being in Coughlin's left front short's pocket). If the phone was not off already, Coughlin could have
arguably turned it off or prevented Duralde from taking the iPhone from Coughlin's pocket (pre-arrest) and then
later "remixing" the order of things for his PC Sheet. But the biggest problem for Duralde and the State is there
just aint no sound of an iPhone vibrating in the audio from the video Coughlin took of the arrest (and the arrest is
announced along with the "how's that?" tagline by Duralde at the 5:05 mark, AND COUGHLIN SWEARS
UNDER PENATLY OF PER1URY THAT HE DID NOT ALETER THE AUDIO OR VIDEO OF THE
ATTACHED AND PREVIOUSLY PROVIDED TO THE STATE AND PUBLIC DEFENDER ARREST VIDEO
IN ANY WAY...and there just ain't no vibrating sound, period, and the HTC G2 smart phone Coughlin used to
record teh arrest was top of the line at that time, and recording audio and video in HD, better than CD quality
audio, and it shows, as a great deal of variety and detail is heard on the audio rendered with the video of the arrest
(and the visuals are largely a black screen considering Coughlin put the G2 in his pocket shortly into Officer
Duralde's arrival. Further, it is highly doubtful that one of these youth's ("we all have iPhones states Rob Dawson
in VIDEO0099) did not make some recording of the arrest of an attorney whom they clearly detested, yet Evo
Novak and the WCPD, and 1im Leslie failed to send out a single subpoena duces tecum despite Coughlin's
numerous requests.
.urther, =eslie, and e;en <oodnight, clearl! 1ailed to maDe an!thing other than a tri"le Aoge! on the
6u""ression ?otion, 1ailing to in an!Ba! maDe argument or citation 1or the "osition that in1ormation gleaned 1rom an
im"emissiAle "at doBn or e/tended detention is necessaril! ine/tricaAle 1rom an! "roAaAle cause anal!sis that "ur"orts to
e/cise the 1ruits o1 such an im"ermissiAle -err! 6to" and .risD.
222. $)%6EC5-%)28= ?26C%ND5C- 8ND EV2DENCE %. <52=- ..................... 7+4 8. -he PnoBing 5se o1
$erCured -estimon!..................................... 7+' 22. $)%6EC5-%)28= 2N-EN- 8ND -3E DEC262%N 8B%5- 73%
8ND 738- -% $)%6EC5-E...................................................................................... 730 4ustice 4acDson, in a 1amous
address gi;en in (94, Bhen he Bas the 8ttorne! <eneral, noted that NRBShile the "rosecutor at his Aest is one o1 the most
Aene1icent 1orces in our societ!, Bhen he acts 1rom malice or other Aase moti;es, he is one o1 the Borst.O', -he "roAlem
Bith "rosecutorial discretion is oA;ious: insulating a "rosecutorMs actions 1rom Cudicial re;ieB can lead to ;iolations o1
citiEensM rights through the arAitrar! or, Borse, male;olent e/ercise o1 authorit!.'(',. )oAert 3. 4acDson, -he .ederal
$rosecutor, 04 4. 8?. 45D2C8-5)E 6%CM9 (* 4une (94,#. '(. 6ee PENNE-3 C5=$ D8V26, D26C)E-2%N8)9
456-2CE: 8 $)E=2?2N8)9 2N@52)9 (*9 (9'9# NE;en i1 Be assume that a "rosecutor has to ha;e a "oBer o1
selecti;e en1orcement, Bh! do Be not require him to state "uAlicl! his general "olicies and require him to 1olloB those
"olicies in indi;idual cases in order to "rotect e;enhanded CusticeIO#. .ranDl!, it is Cust 1lat emAarassing the e/tent to
Bhich Coughlin has Aeen Cailed 1or a total o1 (3 da!s this !ear A! area Cudges on summar! contem"t charges alone, all in
connection Bith Coughlin merel! tr!ing to Eealousl! ad;ocate on his oBn Aehal1 6econd 4udicial Dist. Ct. 4udge 6te;en
Elliot, and )?C 4udges Nash 3olmes and Penneth 3oBard>and, reall!, gi;en the ruling at the 4ul! +th, 0,(0 Aail
hearing, )?C 4udge <ardner should ha;e (* da!s more incarceration attriAuted to him in the log o1 CoughlinFs
"unishment A! local Cudges 1or attem"ting to actuall! access Custice, so that Bould Ae 34 da!s o1 incarceration this !ear
1or Coughlin Aased alone on Cudicial 1indings o1 summar! contem"t Bhere Coughlin ado;ocated "ositions that might tend
to sloB doBn the Aill collection "rocess, er, administration o1 Custice in courts in 7ashoe Count!# all dis"la!ed certain
qualities that 1ear o1 re"risal alone "re;ent Coughlin 1rom uttering an assessment o1#. No Cudge is throBing DD8 9oung
in Cail, and he commits misconduct regularl!. 6o does 42m =eslie, and mal"ractice to Aoot. -he legitimac! o1 7ashoe
Count! Courts is liDel! u" 1or "uAlic deAate to the e/tent there is such an une;enhandedness a""lication 1o the summar!
contem"t state, N)6 00.,3,. 21 Bould Ae interesting to DnoB i1 DD8 9oung is related to the "rosecutor sanctioned 1or
contem"t in 9oung ; Douglas Count!. 8. Vindicti;e $rosecutions: 2snMt -hat 7hat 9ouMre $aid .orI........ 734 V2.
$)%6EC5-%)28= ?26C%ND5C- 8ND -3E $)%B=E? %. )E?ED9.... B. 6anctioning $rosecutors
Directl!...........
- 227/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-he PnoBing 5se o1 $erCured -estimon!: 8""arentl! DD8 9oung does not Bant to let the Cit! o1 )eno
"rosecutors liDe Christo"her 3aElett>6te;ens, $amela )oAerts, 8llison %rmaas, and, "erha"s, 4ill DraDe# ha;e all the
1un...as DD8 9oung himsel1 got in on the act and committed the PnoBing 5se o1 $erCured -estimon!, es"eciall! in light
o1 the e/cul"ator! ;ideos Coughlin "ro;ided 9oung the D8Fs o11ice res"onse to those ;ideos, and the one o1 <oAle
"roCected a lit cigarette into CoughlinFs should 1rom tBo 1eet aBa! consideted o1 threating Coughlin Bith a Gdissuading a
BitnessG charge, and, "erha"s, taDing some action that contriAuted to CoughlinFs laB license Aeing sus"ended on 4une 7th,
0,(0, a mere + hours a1ter sending DD8 9oung and D8 <ammicD the ;ideo Coughlin ca"tured o1 <oAle "roCecting that
lit cigarette into CoughlinFs shoulder 1rom tBo 1eet aBa!, in addition to some commentar! A! Coughlin directed to the
iniquit! o1 the )eno $olice De"artment 1ailing to in;estigate arrest and her "rosecute all such an act "articularl! Bhere at
that time o1 her nine months o1 District 8ttorne!Fs %11iceFs resources had Aeen de;oted to and retaliator! "ersecution or
"rosecution, that is, o1 Coughlin. Coughlin sent D8 <ammicD and DD8 9oung the email on 4une 7th, 0,(0 at ((:3* am,
and recei;ed electronic notice o1 a tem"orar! sus"ension o1 his laB license A! a "anel o1 three 4ustices A! 3:3, "m that
da!.#. -he gross misdemeanor "rosecution in our C) 0,(0 \ ,'+'3, Bhere Coughlin Bas actuall! granted to "rotection
orders against a domestic ;iolence connected to the roommates un"rom"ted CoughlinFs called 9(( u"on the
disa""earance o1 his dog is "articularl! indicati;e o1 a retaliator! animus selecti;e "rosecution ;is>f>;is Coughlin Bere
<oAle called 9(( o;er a "hone in the "olice in these "arts res"ond aB1ull! quicDl! 7almart hollers aAout a cand! Aar or
Bhen )ichard 3ill 1eels ominous tres"ass it Bould )ichard 3ill admits to taDing a ladder 1rom CoughlinFs 1ormer home
o11ice "articularl! Bhere such latter Bas necessar! to aid in CoughlinFs remo;ing his "ersonal "ro"ert! during the scant
time accorded him under the courtFs order the )eno $olice De"artment 1ails to "rosecute re1ises to do so...
6electi;e $rosecution: 9ou CanMt <et -here .rom 3ere
8 ;indicti;e "rosecution claim "uts a court in an uncom1ortaAle "osition Aecause it "its the "rosecutorMs Aroad discretion
against the Cudicial 1unction o1 ensuring Custice rather than sim"l! ser;ing as a ruAAer stam" 1or the e/ecuti;e Aranch. 8
claim o1 selecti;e "rosecution, on the other hand, "ermits Cudges to Ba/ eloquent aAout the need 1or 1air administration o1
Custice under the Equal $rotection ClauseMs clear limit on a "rosecutorMs discretion. -he 6u"reme Court has noted on
more than one occasion that Na "rosecutorMs discretion is YsuACect to constitutional constraints,MO((3 and a "rosecution
NAased u"on Yan unCusti1iaAle standard such as race, religion or other arAitrar! classi1icationMO cannot Ae "ermitted.((4
-he constitutional "edigree o1 the Equal $rotection ClauseMs "rohiAition on selecti;e "rosecutions is im"eccaAle, reaching
AacD to the CourtMs (**' decision in 9icD 7o ;. 3o"Dins.((+ -hat case o;erturned the denial o1 a Brit o1 haAeas cor"us
1or a de1endant Bho su11ered 1rom the sheri11Ms en1orcement o1 a munici"al ordinance onl! against laundries oBned A!
Chinese>8mericans and not others. 9icD 7oMs language has Aecome the standard 1or measuring unequal a""lication o1 a
laB:
-hough the laB itsel1 Ae 1air on its 1ace, and im"artial in a""earance, !et, i1 it is a""lied and administered A! "uAlic
authorit! Bith an e;il e!e and an unequal hand, so as "racticall! to maDe unCust and illegal discriminations AetBeen
"ersons in similar circumstances, material to their rights, the denial o1 equal Custice is still Bithin the "rohiAition o1 the
actual ;indicti;eness#: 6tate ;. 3alling, '70 $.0d (3*', (3** %r. Ct. 8"". (9*3# indicating that "rosecutorMs statement
linDing neB charges to de1endantMs re1usal to "lead guilt! e11ecti;el! admitted ;indicti;e moti;e#.
((0.
$ro1essor )eiss notes that, a1ter BordenDircher and <oodBin, Nit is sim"l! unclear Bhat actual "rosecutorial
;indicti;eness is . . . . -hus, man! entirel! legitimate "rosecutorial actions could Ae said to Ae "uniti;el! or retaliatoril!
moti;ated.O )eiss, su"ra note 0', at (3*7.
((3.
5nited 6tates ;. 8rmstrong, +(7 5.6. 4+', 4'4 (99'# quoting 5nited 6tates ;. Batchelder, 440 5.6. ((4, (0+ (979##.
((4.
2d. quoting %!ler ;. Boles, 3'* 5.6. 44*, 4+' (9'0##.
((+.
((* 5.6. 3+' (**'#.
constitution.(('
2n the late (9',s, the selecti;e "rosecution door o"ened Arie1l!, Bhen 1our loBer court decisions 1ound that the
go;ernment had Aased its decision to "rosecute on im"ro"er criteria. -he cases are interesting mainl! 1or their historical
character, re;ealing that Cudges Bere caught u" in the "olitical tenor o1 the era: three o1 these cases in;ol;ed acts o1 ci;il
disoAedience and one re1lected the groBing "erce"tion that laB en1orcement agents used o;erBrought in;estigator!
tactics against 1ringe grou"s.((7
2n 5nited 6tates ;. .alD,((* the 6e;enth Circuit re;ersed the con;iction o1 a dra1t resistance leader 1or selecti;e ser;ice
;iolations.((9 -he court Bas trouAled A! the a""arent selection o1 the de1endant 1or his "rotest acti;ities, 1inding the
circumstances sus"ect Aecause a numAer o1 high>ranDing De"artment o1 4ustice o11icials re;ieBed and a""ro;ed the
decision to Aring charges.(0,
- 228/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6imilarl!, in 5nited 6tates ;. CroBthers,(0( the .ourth Circuit o;erturned con;ictions 1or creating a disturAance at the
$entagon during a "ra!er ser;ice "rotesting the Vietnam Bar.(00 -he court 1ound an Equal $rotection ;iolation Aecause
the go;ernment had not "rosecuted "artici"ants in si/teen other e;ents that had Aeen sanctioned A! the go;ernment Aut
had the same disru"ti;e e11ect as the de1endantsM conduct.(03
2n 5nited 6tates ;. 6teele,(04 the Ninth Circuit o;erturned the con;iction o1 an anti>go;ernment acti;ist 1or re1using to
1ill out a census 1orm Bhen the go;ernment could not shoB an! other de1endants Bho had Aeen charged Bith the same
crime, asserting that NRaSn en1orcement "rocedure that 1ocuses u"on
(('.
2d. at 373>74.
((7.
2n;ol;ement in anti>Bar acti;ities, hoBe;er, did not insulate one 1rom criminal "rosecution, as shoBn A! the success1ul
"rosecutions o1 $hili" Berrigan and EliEaAeth ?c8lister, tBo "rominent acti;ists. 6ee 5nited 6tates ;. Berrigan, 4*0 ..0d
(7( 3d Cir. (973# u"holding con;iction 1or smuggling items into 1ederal "rison a1ter trial in Bhich district court re1used
to "ermit de1endants to call "rosecutors as Bitnesses to estaAlish selecti;e "rosecution de1ense #.
((*.
479 ..0d '(' 7th Cir. (973# en Aanc#.
((9.
6ee id. at '04.
(0,.
6ee id. at '00 N2t is di11icult to Aelie;e that the usual course o1 "roceedings in a dra1t case requires such care1ul
consideration A! such a distinguished succession o1 o11icials "rior to a 1ormal decision to "rosecute.O#. 2t is equall!
di11icult to com"rehend hoB care1ul re;ieB o1 a case demonstrates im"ro"er selecti;it! in the e/ercise o1 "rosecutorial
discretion. 6uch a "rocess should diminish the "ossiAilit! o1 un1air use o1 authorit!, not increase it.
(0(.
4+' ..0d (,74 4th Cir. (970#.
(00.
6ee id. at (,*(.
(03.
-he court stated, N2n choosing Bhom to "rosecute, it is "lain that the selection is made not A! measuring the amount o1
oAstruction or noise Aut Aecause o1 go;ernmental disagreement Bith ideas e/"ressed A! the accused.O 2d. at (,79.
(04.
4'( ..0d ((4* 9th Cir. (970#.
the ;ocal o11ender is inherentl! sus"ect.O(0+
.inall!, in 5nited 6tates ;. )oAinson,(0' a district court o;erturned the con;iction o1 a "ri;ate detecti;e 1or using an
illegal Bireta" Aecause go;ernment agents had s!stematicall! ;iolated the same statute in in;estigations o1 le1t>Bing
organiEations Bithout e;er Aeing "rosecuted. -he district court cited to a numAer o1 articles and AooDs detailing
go;ernmental aAuses o1 ci;il liAerties through electronic sur;eillance, leading to the conclusion Nthat there has Aeen
s!stematic discrimination in the en1orcement o1 the act against the de1endant in this case . . . .O(07
-hese 1our cases, decided during a relati;el! Arie1 "eriod o1 signi1icant "olitical turmoil, re"resent the sum total o1
re"orted selecti;e "rosecution cases decided in a de1endantMs 1a;or. -he ;irtual im"ossiAilit! o1 "ro;ing a selecti;e
"rosecution claim can Ae traced to the sentiment e/"ressed in %!ler ;. Boles,(0* in Bhich the 6u"reme Court recogniEed
that Nthe conscious e/ercise o1 some selecti;it! in en1orcement is not in itsel1 a 1ederal constitutional ;iolation.O(09
7hile recent decisions rea11irm the constitutional "rohiAition on unequal a""lication o1 the laB in deciding Bho to
"rosecute, the Court also has eliminated an! meaning1ul Cudicial inquir! into the "rosecutorMs actual moti;ations.
8lthough grounded on di11erent constitutional "ro;isions, the conclusions reached in selecti;e and ;indicti;e "rosecution
cases are striDingl! similar: the Court Bill not com"el "rosecutors to Custi1! their decisions A! 1orcing them to disclose
the reasons 1or charging a de1endant Aecause those statements are unliDel! to 1urnish an! use1ul in1ormation and ma! in
1act Ae less than 1orthright.
2n 7a!te ;. 5nited 6tates,(3, the Court shoBed a decided lacD o1 s!m"ath! toBard equal "rotection claims in;ol;ing the
e/ercise o1 "rosecutorial discretion, ado"ting an a""roach that diminished signi1icantl! a de1endantMs chance o1 success
in raising a claim that the "rosecutor singled him out 1or criminal charges Aased on an im"ermissiAle criterion. -he Court
in 7a!te, re;ealing hoB attitudes had changed since the Vietnam Bar era, reinstated the indictment o1 a de1endant Bho
re1used to register 1or the dra1t des"ite e;idence that the go;ernment selected him 1or "rosecution under a "olic! that
made ;ocal
(0+.
2d. at ((+0.
- 229/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(0'.
3(( ..6u"". (,'3 7.D. ?o. (9'9#.
(07.
2d. at (,'+.
(0*.
3'* 5.6. 44* (9'0#.
(09.
2d. at 4+'.
(3,.
47, 5.6. +9* (9*+#.
"ro"onents o1 non>registration more liDel! to Ae charged.(3( -he Court held that, to demonstrate selecti;e "rosecution, a
de1endant must shoB that the go;ernmentMs decision Nhad a discriminator! e11ect and that it Bas moti;ated A! a
discriminator! "ur"ose.O(30 $roo1 o1 discriminator! intent required a de1endant to demonstrate Nthat the go;ernment
"rosecuted him Aecause o1 his "rotected acti;ities,O not Cust that his in;ol;ement in "rotected s"eech Bas one reason 1or
the decision to "rosecute.(33 2n im"osing a high threshold 1or "roo1 o1 a selecti;e "rosecution claim, the Court
em"hasiEed the "roAlem Bith Cudicial scrutin! o1 the go;ernmentMs reasons 1or choosing to "ursue a "articular de1endant.
-he Court stated that NReS/amining the Aasis o1 a "rosecution dela!s the criminal "roceeding, threatens to chill laB
en1orcement A! suACecting the "rosecutorMs moti;es and decision maDing to outside inquir!, and ma! undermine
"rosecutorial e11ecti;eness A! re;ealing the <o;ernmentMs en1orcement "olic!.O(34
-he Aurden estaAlished A! 7a!te 1or a selecti;e "rosecution claim Bas hea;! Aut certainl! not insurmountaAle i1
de1endants had some means o1 ascertaining the "rosecutorMs moti;es. -he Court, hoBe;er, made ascertaining
"rosecutorsM moti;es nearl! im"ossiAle in 5nited 6tates ;. 8rmstrong.(3+ -he 8rmstrong Court ;irtuall! ruled out the
a;ailaAilit! o1 disco;er! to determine Bhether an im"ermissiAle criterion su""lied the "rimar! reason 1or selecting the
de1endant. -he district court dismissed an indictment 1or selling cracD cocaine a1ter the 5nited 6tates 8ttorne!Ms %11ice
re1used to com"l! Bith an order requiring it to "ro;ide in1ormation regarding "rosecutions 1or similar o11enses and Nto
e/"lain its criteria 1or deciding to "rosecute theRS de1endants 1or 1ederal cocaine o11enses.O(3'
(3(.
6ee id. at ',3. ?oreo;er, the de1endant Bas among a rather e/clusi;e grou" o1 !oung men numAering less than 0, out o1
a total o1 a""ro/imatel! '74,,,, non>registrants "icDed 1or "rosecution. 6ee id. at ',4 W n.4.
(30.
2d. at ',*.
(33.
2d. at '(, citing $ersonnel 8dministrator o1 ?assachusetts ;. .eene!, 440 5.6. 0+', 079 (979##. 6ee also Barr! =!nn
Creech, Note, 8nd 4ustice 1or 8ll: 7a!te ;. 5nited 6tates and the De1ense o1 6electi;e $rosecution, '4 N.C. =. )EV.
3*+, 4,* (9*'# N.rom the maCorit!Ms equal "rotection anal!sis, it a""ears that a de1endant must introduce a ;irtuall!
direct shoBing o1 discriminator! moti;e to estaAlish a "rima 1acie case o1 selecti;e "rosecution.O#.
(34.
7a!te, 47, 5.6. at ',7.
(3+.
+(7 5.6. 4+' (99'#.
(3'.
2d. at 4+9. -he de1endants had mo;ed to dismiss the indictment Aecause the! claimed that 1ederal "rosecutors selected
them Aecause o1 their race. 8ccording to the de1endants, the 1ederal go;ernment "rosecuted onl! 81rican>8mericans 1or
cracD o11enses. 8ccording to in1ormation 1rom the 1ederal de1enderMs o11ice, all o1 the 04 cracD cocaine cases de1ended A!
that o11ice in (99( in;ol;ed a AlacD de1endant. 6ee id. -he go;ernment re1used to com"l! Bith the disco;er! order,
leading the district court to dismiss the indictment. 6ee id. at 4'(.
7ithout considering the merits o1 the selecti;e "rosecution claim, the 6u"reme Court 1ocused on Bhether the de1endants
had made the requisite shoBing to oAtain disco;er! o1 the "rosecutionMs moti;es. 2t Aegan A! noting the NAacDground
"resum"tionO 1or a selecti;e "rosecution claim Nthat the shoBing necessar! to oAtain disco;er! should itsel1 Ae a
signi1icant Aarrier to the litigation o1 insuAstantial claims.O(37 -he standard ado"ted indeed created a signi1icant Aarrier.
N2n order to dis"el the "resum"tion that a "rosecutor has not ;iolated equal "rotection, a criminal de1endant must "resent
Yclear e;idence to the contrar!.MO(3* 8rmstrong e11ecti;el! required "roo1 o1 an equal "rotection ;iolation Ae1ore a court
could alloB the de1endant to engage in disco;er! o1 the "rosecutionMs moti;e. 6uch disco;er! Bould then Ae used to
estaAlish the equal "rotection ;iolation.
-he circularit! o1 the 8rmstrong standard could not ha;e Aeen lost on the Court, des"ite its assertion that the high
threshold 1or estaAlishing in;idious discrimination Ndoes not maDe a selecti;e>"rosecution claim im"ossiAle to
- 230/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"ro;e.O(39 $erha"s not im"ossiAle, Aut 8rmstrong maDes the standard o1 "roo1 necessar! Cust to oAtain disco;er! so
rigorous that it is di11icult to see hoB raising such a claim can Ae an!thing Aut an e/ercise in 1utilit!.(4, 7ithout
e/"licitl! sa!ing so, the Court made "rotection o1 "rosecutor moti;es "aramount to the de1endantMs aAilit! to assert a
selecti;e "rosecution claim.(4(
(37.
6ee id. at 4'3>'4.
(3*.
2d. at 4'+ quoting 5nited 6tates ;. Chemical .oundation, 070 5.6. (, (4>(+ (90'##.
(39.
2d. at 4''.
(4,.
6ee 8ndreB D. =ei"old, %ACecti;e -ests and 6uACecti;e Bias: 6ome $roAlems o1 Discriminator! 2ntent in the Criminal
=aB, 73 C32.>PEN- =. )EV. ++9, +74>7+ (99*# NR-Shere is no douAt that 8rmstrong cri""les a de1endantMs aAilit! to
attacD race>Aased decisionmaDing Bhen it occurs.O#: )ichard 3. ?c8dams, )ace and 6electi;e $rosecution: Disco;ering
the $it1alls o1 8rmstrong, 73 C32.PEN- =. )EV. ',+, '4, (99*# N-he 8rmstrong holding and the im"lications o1 its
reasoning create a Aarrier to disco;er! that, 1or the great maCorit! o1 criminal cases, is insu"eraAle.O# em"hasis in
original#: 8nne BoBen $oulin, $rosecutorial Discretion and 6electi;e $rosecution: En1orcing $rotection 81ter 5nited
6tates ;. 8rmstrong, 34 8?. C)2?. =. )EV. (,7(, (,79 (997# NRDSes"ite the CourtMs reassuring language to the
contrar!, the Ycontrol grou"M and Msimilarl! situatedM requirement "oses an insurmountaAle Aarrier 1or man!
de1endants.O#: 6te"hen D. Cl!mer, 5nequal 4ustice: -he .ederaliEation o1 Criminal =aB, 7, 6. C8=. =. )EV. '43, '*3
(997# N8lthough theoreticall! stringent, the "rohiAition on discriminator! selecti;e "rosecution is largel! meaningless
in "ractice Aecause courts require that a de1endant raising such a claim "ro;e Aoth discriminator! e11ect and
discriminator! intent, Aurdens that are all Aut im"ossiAle to satis1!.O#: )eiss, su"ra note 0', at (373>74 N8 de1endant
seeDing to raise a selecti;e "rosecution claim is thus "laced in a Catch>00 t!"e Aind. 6he cannot oAtain disco;er! unless
she 1irst maDes a threshold shoBing . . . o1 selecti;e "rosecution. . . . 9et maDing a su11icient "reliminar! shoBing o1
discriminator! intent ma! Ae im"ossiAle Bithout some disco;er!.O#.
(4(.
C1. ?c8dams, su"ra note (4,, at '4( n.(,9 N2 do not thinD it is "lausiAle to de1end 8rmstrong A! claiming that the harm
o1 unnecessar! disco;er! greatl! e/ceeds the harm o1 undetected raciall! selecti;e "rosecution, unless one raises the
oACection to dismissal Ras the remed! 1or a ;iolationS.O#.
C%5<3=2N 3E)EB9 $)E6E)VE6 .%) 8$$E8= -3E 2665E )E=8-ED -3E 5ND5E $)E45D2CE -%
C%5<3=2NF6 DE.EN6E 7)%5<3- B9 4%E <%%DN2<3-6 E=EVEN-3 3%5) E&2- .)%? -3E C86E,
$8)-2C5=8)9 73E)E <%%DN2<3-6 786 )E$=8CE B9 =E6=2E, 73%? C%5<3=2N 38D 8=)E8D9
38D 8 -E))2B=E )E=8-2%N632$ 72-3, EVEN 73E)E %N=9 =2?2-ED 2N-E)8C-2%6N 38D %CC5)ED,
%NE 2NC=5D2N< 8 62-58-2%N 73E)E =E=62EF6 )E.568= -% D% 326 4%B )E65=-ED 2N 8 )4C B82=2..
38V2N< 8 -$% .2=ED 8<82N6- 32? 73E)E 3E )8N 2N-E).E)ENCE .%) =E6=2E 8ND -3)E8-ENED
-% $5- 326 G.%%-G 5$ C%5<3=2NF6 G866G, all said in 1ront o1 =eslie.
-he PnoBing 5se o1 $erCured -estimon!
-he a""lication o1 the due "rocess "rotection to disco;er! o1 the "rosecutionMs e;idence traces its roots to ?oone! ;.
3olohan,(+* a case in Bhich the de1endant, a laAor agitator, 1iled a "etition 1or a Brit o1 haAeas cor"us alleging that the
go;ernment ;iolated his constitutional rights A! introducing 1alse e;idence that he detonated a AomA in a croBd in 6an
.rancisco.(+9 8lthough the Court reCected the "etition on "rocedural grounds, it "aused to note that due "rocess could
ne;er Ae satis1ied Nthrough the "retense o1 a trial Bhich in truth is Aut used as a means o1 de"ri;ing a de1endant o1 liAert!
through a deliAerate dece"tion o1 court and Cur! A! the "resentation o1 testimon! DnoBn to Ae "erCured.O(', Because the
Court did not grant the de1endant an! relie1, it did not need to consider Bhat test should a""l! to determine Bhether the
go;ernment ;iolated due "rocess in "resenting 1alse testimon!.
6imilarl!, in $!le ;. Pansas,('( the Court im"lied that using 1alse testimon! ;iolated due "rocess, in re;ieBing an
allegation that the go;ernment used "erCured testimon! to con;ict the de1endant. 8s in ?oone!, the de1endant sought a
Brit o1 haAeas cor"us Aased on the "rosecutorMs intentional use o1 "erCur! to
(+7.
6ee id. at *7.
(+*.
094 5.6. (,3.
(+9.
- 231/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.or a discussion o1 the 1acts underl!ing ?oone!, see Note, -he $rosecutorMs Constitutional Dut! to )e;eal E;idence to
the De1endant, 74 98=E =.4. (3', (3' (9'4#. 8 later in;estigation o1 the ?oone! "rosecution 1ound that the
go;ernmentMs Bitnesses had lied at the instigation o1 the 6an .rancisco District 8ttorne!. 2d.
(',.
094 5.6. at ((0.
('(.
3(7 5.6. 0(3 (940#.
oAtain a con;iction.('0 -he Court, hoBe;er, onl! 1ound that the de1endantMs allegations, i1 true, Bould su""ort granting
the Brit, and did not discuss due "rocess Ae!ond a "er1unctor! acDnoBledgment o1 the "rotection.('3 -he CourtMs
re1erences in ?oone! and $!le to testimon! NDnoBn to Ae "erCuredO and 1alse e;idence NDnoBingl! usedO indicated that
the "rosecutorMs DnoBledge, and not Cust that o1 the l!ing Bitness, Bas im"ortant to determining Bhether the de1endantMs
due "rocess right had Aeen ;iolated.('4
?oone! and $!le in;ol;ed allegations that the go;ernment manu1actured e;idence A! ha;ing its Bitnesses testi1! 1alsel!
to con;ict innocent men. 8lcorta
;. -e/as stated that 1alse testimon! includes not onl! a11irmati;e misstatements, Aut also the 1ailure o1 a Bitness to Ae
entirel! truth1ul.('+ -he de1endant in 8lcorta o11ered a Nheat o1 "assionO de1ense to a charge o1 murdering his Bi1e,
contending that he Aecame enraged Bhen he saB her Dissing one CastilleCa in a "arDed car.('' 8t trial, CastilleCa testi1ied
that he Bas Cust a 1riend o1 the de1endantMs Bi1e and Bas dro""ing her o11 at home a1ter BorD.('7 81ter trial, CastilleCa
admitted to ha;ing had a se/ual relationshi" Bith the Bi1e, and that the "rosecutor Ntold him he should not ;olunteer an!
in1ormation aAout such intercourse Aut i1 s"eci1icall! asDed aAout it to ansBer truth1ull!.O('* -he Court re;ersed
8lcortaMs con;iction Aecause the testimon! created a N1alse im"ression,O and Aecause the "rosecutor alloBed the Bitness
to testi1! DnoBing the actual relationshi" o1 the "arties Aut ne;er disclosing it to the de1endant or eliciting the truth at
trial.('9 6imilarl!, in Na"ue ;. 2llinois,(7, the Court re;ieBed the "rosecutorMs DnoBing use o1 "erCured testimon! that
created a misleading im"ression o1 the BitnessM "otential Aias. -he go;ernmentMs "rinci"al
('0.
6ee id. at 0(+>('.
('3.
-he de1endant in $!le also alleged that the go;ernment had su""ressed 1a;oraAle e;idence, see id. at 0(4, and the Court
did not distinguish AetBeen DnoBing use o1 "erCured testimon! and go;ernmental su""ression o1 1a;oraAle e;idence. 2t is
unclear Bhether $!le held that these claims in comAination estaAlished a constitutional ;iolation, or Bhether either one
Bould Ae su11icient to estaAlish a constitutional ;iolation.
('4.
2n ?esarosh ;. 5nited 6tates, 3+0 5.6. ( (9+'#, the Court relied on its su"er;isor! "oBer to re;erse a con;iction and
grant a neB trial Aased on the "erCured testimon! gi;en A! a go;ernment Bitness e;en though there Bas no suggestion
that the "rosecutor DneB the Bitness testi1ied 1alsel! during the trial. 6ee id. at 9 N-he dignit! o1 the 5nited 6tates
go;ernment Bill not "ermit the con;iction o1 an! "erson on tainted testimon!.O#.
('+.
3++ 5.6. 0* (9+7#.
(''.
6ee id. at 0*>09.
('7.
6ee id. at 09.
('*.
6ee id. at 3,>3(. -he Court noted that the "rosecutor admitted to maDing this statement to the Bitness. 6ee id. at 3(.
('9.
2d. at 3(>30.
(7,.
3', 5.6. 0'4 (9+9#.
Bitness denied on Aoth direct and cross>e/amination that he testi1ied against the de1endant in e/change 1or a
recommendation o1 lenienc! at sentencing, Bhen the "rosecutor in 1act had "romised lenienc!.(7( Em"hasiEing that the
"rosecutor DneB the Bitness "erCured himsel1, the Court held that due "rocess Ndoes not cease to a""l! merel! Aecause
the 1alse testimon! goes onl! to the crediAilit! o1 the Bitness.O(70
-he "rosecutorMs DnoBledge o1 the "erCur! Bas not at issue in an! o1 these cases. ?oone! and $!le acce"ted the
allegations o1 the de1endants as true, Bhile the "rosecutors in 8lcorta and Na"ue essentiall! admitted their DnoBledge o1
the untruth1ul testimon! a1ter the con;ictions. 2t is not sur"rising that the Court 1ound "rosecutorial misconduct Bhen the
"rocedural "osture o1 the case or the go;ernmentMs admissions estaAlished at the outset that the "rosecutor DneB o1 the
- 232/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
testimon!Ms 1alsit!. -he more im"ortant question raised A! these cases concerns Bh! the "rosecutorMs DnoBledge Bas an
element o1 the due "rocess anal!sis. 8nsBering this question requires an understanding o1 the limits on the Cudiciar!Ms
authorit! to o;erturn a con;iction on the ground o1 neBl! disco;ered e;idence. -he "erCurious nature o1 testimon!
generall! does not come to light until a1ter con;iction.(73 %nce disco;ered, the de1endant ma! seeD a neB trial 1ree 1rom
the tainted e;idence i1 he can shoB that a neB trial Bould liDel! "roduce a di11erent result.(74 2n ?esarosh ;. 5nited
6tates,(7+ hoBe;er, the
(7(.
6ee id. at 0'+.
(70.
2d. at 0'9. 2n his suAsequent "etition to reduce the BitnessM sentence, the "rosecutor stated that he had N"romisedO to
recommend reduction in e/change 1or the trial testimon!. 6ee id. at 0''. 7hen called to testi1! at the hearing on Na"ueMs
haAeas cor"us "etition, hoBe;er, the "rosecutor denied that such a 1irm agreement had Aeen reached, stating that his
earlier statements regarding a N"romiseO had N"roAaAl! used some language that he should not ha;e used . . . .O 2d. at 0'7.
(73.
-he ;ast maCorit! o1 cases in Bhich the "rosecutor uses 1alse e;idence at trial in;ol;e 1alse testimon!. ?ost commonl!,
Bitnesses testi1! 1alsel! aAout their recollection o1 the e;ents or 1ail to disclose in1ormation that Bould undermine their
crediAilit!. E;en cases in Bhich a "rosecutor suAmits adulterated or counter1eited "h!sical e;idence usuall! in;ol;e 1alse
testimon! aAout the nature o1 the item, the circumstances regarding its disco;er!, and its relation to the de1endantMs guilt
i.e., rele;ance#. 5nder the .ederal )ules o1 E;idence, the "ro"onent o1 e;idence must authenticate it NA! e;idence
su11icient to su""ort a 1inding that the matter in question is Bhat its "ro"onent claims.O .ED. ). EV2D. 9,(a#. $h!sical
e;idence is commonl! authenticated through testimon!. 6imilarl!, records o1 a Ausiness come Bithin an e/ce"tion to the
hearsa! rule Bhen a Ncustodian or other quali1ied BitnessO testi1ied regarding the "re"aration and maintenance o1 the
records. .ED. ). EV2D. *,3'#. .urthermore, the go;ernment ma! call e/"ert Bitnesses to testi1! aAout "h!sical
e;idence in order to e/"lain tests "er1ormed on the item. 6ee .ED. ). EV2D. 7,0. 7hether the "roAlem is 1alse testimon!
regard the BitnessM recollection, 1ailure to res"ond truth1ull! to a question, or the creation or adulteration o1 "h!sical
e;idence, all entail "erCur! A! a Bitness.
(74.
6ee 5nited 6tates ;. 9oung, (7 ..3d (0,(, (0,3 9th Cir. (994# ordering a neB trial Aecause the "rosecutor used an
o11icerMs 1alse testimon! and outcome "roAaAl! Bould ha;e Aeen di11erent aAsent the testimon!#: 5nited 6tates ;. Caro,
9'+ ..0d (+4*, (++* (,th Cir. (990# den!ing motion 1or neB trial Aecause neBl! a;ailaAle testimon! o1 co>cons"irator
Bas unliDel! to change result Bhen coCourt
noted that neBl! disco;ered e;idence NBhich is merel! cumulati;e or im"eaching is not . . . an adequate Aasis 1or the
grant o1 a neB trial.O(7' ?oreo;er, e;en Bith the re;elation o1 "erCur!, a motion 1or a neB trial Aased on neBl!
disco;ered e;idence must Ae made Bithin a limited "eriod a1ter the entr! o1 the 1inal Cudgment o1 con;iction.(77
21 a de1endant learns o1 "erCur! onl! a1ter the "eriod in Bhich he ma! 1ile a neB trial motion, the onl! "rocedural a;enue
a;ailaAle is a collateral attacD on the con;iction alleging that the use o1 "erCured testimon! rose to the le;el o1 a
constitutional ;iolation. -o decide the constitutional issue, a court cannot sim"l! trans1orm the neBl! disco;ered
e;idence standard 1or a neB trial into the due "rocess anal!sis. -hat a""roach Bould circum;ent the time limits A!
alloBing a de1endant to rel! on the neBl! disco;ered e;idence as "roo1 o1 the constitutional ;iolation Bithout com"l!ing
Bith the statutor! requirements. Due "rocess must entail something greater than the standard 1or a neB trial, i.e., more
than Cust the e/istence o1 "erCured testimon!. )eliance on the "rosecutorMs DnoBledge o1 the "erCur! "ro;ides the
additional element that raises questions regarding the 1undamental 1airness o1 the "roceeding Ae!ond Cust the "roAati;e
;alue o1 the neBl! disco;ered e;idence.(7* <i;en the lacD o1 an! real contro;ers! regarding the "rosecutorsM DnoBledge
in the ?oone! line o1 "erCured testimon! cases, the Court did not ha;e to consider hoB much inquir! into the
go;ernmentMs intentions it should "ermit to "ro;e a due "rocess ;iolation.
-he DnoBing use o1 "erCured testimon! is "roAaAl! quite rare Aecause it
cons"irator had earlier made statements incul"ating the de1endant#. 2n addition to shoBing that a neB trial Bould liDel!
"roduce a di11erent outcome, a de1endant must shoB that N(# the e;idence Bas disco;ered a1ter trial: 0# the 1ailure to
learn o1 the e;idence at the time o1 trial Bas not due to the de1endantMs lacD o1 diligence: 3# the e;idence is material to
the issues in;ol;ed: RandS 4# the e;idence is authentic . . . .O 8ndreB ?oriart! et al., $roCect, -Bent!>6i/th 8nnual
)e;ieB o1 Criminal $rocedure, *+ <E%. =.4. (4'3, (4'4>'+ (997#.
(7+.
3+0 5.6. ( (9+'#.
(7'.
2d. at 9 internal quotation marDs omitted#.
(77.
- 233/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6ee, e.g, .ED. ). C)2?. $. 33 motion must Ae made Bithin three !ears a1ter the ;erdict or 1inding o1 guilt#. 6ome states
require a de1endant to mo;e 1or a neB trial Bithin a 1airl! Arie1 "eriod. 6ee, e.g., ?2C3. C%?$. =876 Q 77,.0 6ec. 0(#
(9*0# NR8S motion 1or a neB trial shall Ae made Bithin ', da!s a1ter entr! o1 the CudgmentO#. 8lso, the 6u"reme Court
has held that a -e/as statute "ro;iding onl! 3, da!s to 1ile the motion Aased on neBl! disco;ered e;idence does not
;iolate 1undamental 1airness. 3errera ;. Collins, +,' 5.6. 39,, 4(( (993#.
(7*. 2n elaAorating on the CourtMs due "rocess anal!sis in Na"ue ;. 2llinois, one student commentator notes:
R-She RNa"ueS Court did not e/"lain hoB this "articular lie "reCudiced the de1endant. Nonetheless it held
that there had Aeen a denial o1 due "rocess. -he onl! e/"lanation is that the Court concerned itsel1 Bith
the "rosecutorMs conduct more than Bith the de1endantMs harm, Bith a "rotection o1 the criminal "rocess
rather than Bith the "ossiAilit! that the lie in1luenced the de1endantMs con;iction.
Note, su"ra note (+9, at (3*>39.
in;ol;es multi"le "artici"ants Bho must Dee" their shared secret 1ore;er: ultimatel!, someone ma! re;eal the truth.
8Asent the t!"e o1 clear e;idence a;ailaAle in 8lcorta and Na"ue, the de1endant Bould ha;e a di11icult time shoBing the
"rosecutorMs actual intent. 21 the e/tent o1 the due "rocess right concerning "rosecutorial use o1 e;idence Bere limited to
Cust those clear cases that in;ol;ed a DnoBing introduction o1 1alse testimon!, then the Constitution "ro;ided onl! a ;er!
narroB "rotection. -he lacD o1 an! constitutional right to disco;er! means that a "rosecutorMs intentional Bithholding o1
e;idence 1rom the de1endant, Bhich is di11erent 1rom "erCur!, Bould not Ae a constitutional ;iolation. 21 a "rosecutor need
not "ro;ide an! e;idence to a de1endant, then hoB can a DnoBing re1usal to re;eal it Ae im"ro"er and ;iolate due
"rocessI -he "roAlem Bith limiting due "rocess to onl! those cases in;ol;ing 1alse testimon! Bas that Bithholding
e;idence can BorD as great an inCur! on the truth>seeDing 1unction o1 a criminal trial as "erCur!. -he due "rocess anal!sis
that addressed neBl! disco;ered e;idence o1 "erCur! reached onl! an egregious, Aut com"arati;el! rare, instance o1
"rosecutorial misconduct in the use o1 e;idence.
B. E/tending Due $rocess to 5ndisclosed E;idence
-he "roAlems in 8lcorta and Na"ue Bould ha;e Aeen a;oided had the go;ernment Aeen required to turn o;er e;idence o1
its BitnessesM con1licts, i.e., the "ersonal relationshi" Bith the ;ictim and the "romise o1 lenienc! in return 1or testimon!.
?oreo;er, i1 the Bitnesses had ne;er Aeen asDed the questions to Bhich the! res"onded 1alsel!, there Bould ha;e Aeen no
"erCur! to 1orm the Aasis o1 a due "rocess ;iolation. -he Court Aegan to address the matter o1 "rosecutorial su""ression o1
rele;ant e;idence in 4encDs ;. 5nited 6tates,(79 holding that the go;ernment had to "roduce Britten re"orts "re"ared A!
tBo in1ormants regarding conduct in;ol;ing the de1endant.(*, -he Court relied on its su"er;isor! "oBer, stating that
Custice Nrequires no lessO than "ro;iding the de1ense access to the re"orts to decide Bhether the! Bould assist in
discrediting the go;ernmentMs Bitnesses.(*( 4encDs had a limited reach, hoBe;er, Aecause the
(79.
3+3 5.6. '+7 (9+7#.
(*,.
6ee id. at ''*>'9.
(*(.
2d. -he de1endant in 4encDs had Aeen con;icted o1 1iling a 1alse a11ida;it regarding his "artici"ation in the Communist
$art!, and the "rinci"al Bitnesses Bere tBo $art! memAers Bho Bere co;ert in1ormants. 2d. at '+9. Congress o;erturned
the CourtMs Aroad disclosure requirement shortl! a1ter the decision A! ado"ting the 4encDs 8ct, (* 5.6.C. Q 3+,, (994#,
Bhich limits disclosure o1 re"orts to onl! those "re"ared or ado"ted A! Bitnesses, and then onl! a1ter the Bitness has
testi1ied. 6ee (* 5.6.C.
1ederal courts could not rel! on their su"er;isor! "oBer to re;ieB instances o1 su""ressed e;idence A! "rosecutors in
state courts.
2n Brad! ;. ?ar!land,(*0 the Court e/"anded due "rocess to "rohiAit Nthe su""ression A! the "rosecution o1 e;idence
1a;oraAle to an accused . . . Bhere the e;idence is material either to guilt or to "unishment, irres"ecti;e o1 the good 1aith
or Aad 1aith o1 the "rosecution.O(*3 -he Court relied on the ?oone! line o1 cases 1or the "ro"osition that a""l!ing due
"rocess to the "rosecutorMs su""ression o1 e;idence Nis not "unishment o1 societ! 1or misdeeds o1 a "rosecutor Aut
a;oidance o1 an un1air trial to the accused.O(*4 -he o"inion did not discuss Bh! "rosecutorial intent Bas irrele;ant, e;en
though it had Aeen the De! element in the due "rocess anal!sis o1 "erCured testimon! since ?oone!. 8lthough unstated,
the CourtMs reason is clear: reliance on "rosecutorial intent Bould create an undul! narroB rule that could maDe Cudicial
ascertainment o1 the go;ernmentMs moti;es "aramount to an assessment o1 the 1airness o1 the trial. Brad! cited ?oone!
and its "rogen! to reach a result that 1undamentall! changed the due "rocess anal!sis o1 "rosecutorial misconduct,
escheBing an assessment o1 "rosecutorial intent 1or a Aroader re;ieB o1 the o;erall 1airness o1 the "roceeding.(*+ B!
a;oiding the distraction o1 questioning Bh! the "rosecutor did not re;eal e;idence, Brad! signaled a suAstantial de"arture
1rom the 1alse testimon! cases A! measuring the e11ect o1 "rosecutorial misconduct on the outcome o1 the trial Bithout
- 234/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
regard to either the "rosecutorMs stated or actual underl!ing moti;e. $rosecutorial intent Bas sim"l! irrele;ant Bhen the
go;ernmentMs 1ailure to disclose e/cul"ator! e;idence made the "roceeding un1air.(*'
B! eliminating "rosecutorial intent as an element o1 the due "rocess anal!sis,
Q 3+,,a#.
(*0.
373 5.6. *3 (9'3#.
(*3.
2d. at *7 em"hasis added#.
(*4.
2d.
(*+.
6ee Note, su"ra note (+9, at (40>44. 8s the student commentator notes: 7hen courts do not concern themsel;es Bith the
"rosecutorMs misconduct the constitutional rationale Aased on 1raud has no a""lication. 2nstead Brad! 1ocuses u"on
"reCudice to the de1endant . . . . -he 1actor Bhich di11erentiates the su""ression cases and gi;es them constitutional
dimension is that the! groB out o1 a situation Bhich maDes a 1air trial 1or man! de1endants nearl! im"ossiAle.
2d.
(*'. %ne student commentator has "ointed out the di11icult! Bith gi;ing "rosecutors the res"onsiAilit! o1 determining
Bhich e;idence 1its the de1inition o1 materialit!. 6ee 6te"hen $. 4ones, Note, -he $rosecutorMs Constitutional Dut! to
Disclose E/cul"ator! E;idence, 0+ 5. ?E?. =. )EV. 73+, 7'+ (99+# N-he tension is a""arentVa "rosecutor cannot
decide that the 1ailure to disclose e;idence in his "ossession Bould ;iolate due "rocess and undermine the correctness o1
a guilt! ;erdict and retain the good 1aith Aelie1 that the de1endant is guilt!.O# em"hasis in original#.
DD8 9oung need e/"lain Bh! the materials 1rom around No;emAer 3,th, 0,(( Bhere turned o;er onl! Bhen
the! Bere, and not sooner.
in;iolaAle
.rom: Eachcoughlin]hotmail.com
-o: laura"]n;Aar.org: "atricD]n;Aar.org: rosec]n;Aar.org: glennm]n;Aar.org: da;idc]n;Aar.org:
tsusich]n;detr.org: com"laint]n;Aar.org: com"laints]n;Aar.org: shornsA!]n;detr.org
6uACect: =2-2<8-2%N 3%=D N%-2CE re;0,((>,,(7,* c;((>,3'0*, ',33( '(3*3, 6BN ;. Coughlin C86E N5?BE)
N<(0>,0,4, N<>,43+, N< ,434
Date: 7ed, (7 %ct 0,(0 (':+9:+7 >,7,,
Dear %11ice o1 Bar Counsel, 2n;estigator $eters, Chairman 6usich, et al,
$lease 1ind im"ortant attachments su""orting the assertions herein here:
htt"s:HHsD!dri;e.li;e.comHredirIresidJ43,*4'3*.30.+.0*K3+*7
$lease donFt tr! to old Gm! 2- gu! said 2 couldnFt o"en it, Aecause o1 ;iruses and stu11G. -hat is
no more "lausiAle an e/cuse 1or re;ieBing materials material to !our in;estigation than Bould
Ae suggesting !our 1ear o1 Ganthra/G "otentiall! Aeing mailed to !ou "re;ents !ou 1rom o"ening
!our "a"er mail...9ou ha;e m! "ersonal guarantee that there is no ;irus or other harm1ul items
in an! emails 2 send !ou or an! "a"er mail, either, 1or that matter.

- 235/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8lso, Bill !ou "lease ha;e the N<> grie;ance or case numAers 1or all o1 the grie;ances and
com"laints 2 ha;e 1iled this !ear "ro;ided to me in Briting, including the neB grie;ances 1ound
herein against )ichard <. 3ill, Case! BaDer, and Christo"her 3aElett>6te;ensI
note: "lease 1orBard this Britten corres"ondence on to Bar Counsel Ping and 2n;estigator, ClerD
o1 Court $eters in light o1 their a""arent and sudden, someBhat technical GissuesG Bith emails
1rom Coughlin, Bhich in no Ba! is inter"reted as "ro;iding indications that the! noB seeD to
sull! the 6BNFs image A! attem"ting to add Coughlin to their AlocDed sender list or otherBise
"re;ent an! 1urther dut! accruing on their "art to actuall! in;estigate CoughlinFs claims, in some
manner that at least a coloraAle argument can Ae made that the 6BN treats CoughlinFs and others
allegation Bith an!Bhere near the urgenc! it treats those o1 4udge Nash 3olmes or )ichard <.
3ill, Esq. in contrast to the Bhole GattacD dog 1or the rich and "oBer1ulG image the 6BN has
Auilt u"....
2t is ironic, that 3ill and BaDerFs oBn Briting in their No;emAer 0,th, 0,(( %""osition to
CoughlinFs No;emAer ('th, 0,(( ?otion to Contest $ersonal $ro"ert! lien ma! noB Ae used
against them, in light o1 the staleness, ;oidness, and in;alidit! o1 the %ctoAer 0+th, 0,(( and
%ctoAer 07th, 0,(( E;iction Decision and %rder and .indings o1 .act, Conclusions o1 =aB and
%rder 1or 6ummar! E;iction in )4C )e;0,((>,,(7,*. 6ee 7illiams ; Nagel, '43 N.E. 0d *('
and 7ol1>=illie, +,4 .. 6u"" (. BaDer Brote on 3illFs Aehal1:
G3ere, Coughlin 1iled his 1irst motion "ursuant to N)6 ((*8>4', on No;emAer (',0,((. -hat
motion Bas timel!. 3oBe;er, Bhen the court attem"ted to set the hearing, Coughlin re1used to
coo"erate or communicate Bith the court to get the hearing on calendar, des"ite re"eated
requests 1rom ?erlissF counsel that he do so. 8s a sole and direct result o1 ?r. CoughlinFs re1usal
to coo"erate Bith the court to set his oBn hearing, that hearing ne;er ha""ened. -he (, da!s in
Bhich to hold the hearing under N)6 4,.0+3*# ha;e noB e/"ired. ?r. CoughlinFs motion is
stale, and the relie1 he seeDs is noB time>Aarred. Because he aAandoned that motion, it Bas,
e11ecti;el!, denied.G
$lease indicate in Briting Bhat !ou ha;e done to in;estigate )ichard <.
3illFs allegations, as set 1orth in his 4anuar! (4th, 0,(0 grie;ance against
me, in Briting, including, Aut not limited to 3illFs allegations ;is a ;is the
criminal tres"ass arrest o1 me in on No;emAer (3th, 0,((, leading to a
custodial arrest, and three tra11ic citations A! )$D 6argent -arter 1olloBing
m! release on No;emAer (+th, 0,(( Bhen 2 ;entured to 3illFs o11ice to
retrie;e m! state issued dri;erFs license, Ballet credits card, mone!#, and
m! client's 1iles and m! oBn 1iles and hard dri;es and other materials. -his
- 236/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
is a 1ormal, Britten grie;ance against )ichard 3ill and Case! BaDer, in
com"liance Bith m! )$C *.3 oAligations res"ecting their 1ailure to turn
o;er m! hard dri;es, dri;erFs license, clientFs 1iles and m! oBn 1iles, their
im"ermissiAl! in1luencing the )4C to 1ail to gi;e me a hearing on m!
No;emAer ('th, 0,(( 1iling o1 a ?otion to Contest $ersonal $ro"ert! lien
Bithin the (, da!s required A! N)6 4,.0+37#>*# hearing onl! tooD "lace
a1ter )ichardFs si/ BeeD ;acation, on DecemAer 0,th, 0,((, in accord Bith
)ichardFs Britten indication to me that he Bould Ae aAle to get the )4C to
Bait that long on his account..., an im"ermissiAle suggestion A! )ichard
that he could im"ro"erl! in1luence a triAunal, as Bas )ichard threats that he
Bould ha;e me gi;en the 4ordan ;. 6tate G;e/atious litigantG treatment i1 2
De"t u" m! o""osition to his ne1arious aims:
G$ersonal "ro"ert! ] ri;er rocD
.rom: )ichard 3ill rhill]richardhillaB.com#
6ent: -hu ((H04H(( 9:,9 8?
-o: Eachcoughlin]hotmail.com
?). C%5<3=2N > 2 Bill "roAaAl! regret this email, Aut 2 Cust canFt hel" m!sel1.
9ou sa! !ou Bant !our "ro"ert!.
-rust me, neither m! client nor 2 Bant !our "ro"ert!.
9ou ha;e acDnoBledged that !our intention is to Cust cherr!>"icD through the house,
and lea;e Aehind the ;ast quantities o1 trash that !ou ha;e hoarded not Aeing
Cudgmental, Cust realistic > are !ou reall! going to taDe u" all the car"et outside, or
taDe all the dead -V sets W other GtreasuresG !ou ha;e accumulated II.........tr! to Ae
honest Cust once.#. -he onl! securit! that Dr. ?erliss has are the 1eB items o1
oACecti;e ;alue 2 assume at least some o1 the -VFs BorD#, and the things 1or Bhich
!ou are Aargaining. %nce he releases those items to !ou, he Bai;es his securit!,
gi;ing u" his statutoril! granted recourse to the "ro"ert! !ou C3%6E to lea;e in the
house a1ter !ou Bere e;icted. -hat stands against Bhat is certainl! going to Ae at
least L3,+,, to Cust clear out !our unBanted things. -hat 1igure doesnFt include AacD
rent, 1ees, or other damages to the home.
7h! donFt !ou "a! BhatFs oBed > see m! last email, and o11er him some additional
securit!I 21 Be are Brong, and !ou reall! do taDe all the stu11, or, i1 Be can get !our
lea;ings out more chea"l!, Bho DnoBs...... 7e Bill, o1 course, ha;e to estaAlish
some VE)9 C=E8) <)%5ND )5=E6 Ae1ore !ou Bill Ae authoriEed to Ae at the
"ro"ert!. authoriEation 1or !ou to Ae there.....co"s......time to get Bhat !ou
Bant...agreeing Bhat Be can start throBing aBa! noB....those Dinds o1 things.#
- 237/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Let's try to make a deal, and stop the posturing & bluffing. You might want to
take a look at jordan v state, 121 nev 44(2005) - that's where you are heading!
21 Bhat !ou sa! is true, that !ou reall! do ha;e an! clients, "a!ing or otherBise, !ou
ha;e duties to co>o"erate and mitigate: neither o1 Bhich seem to enter !our thought
"rocesses. -here is also the issue o1 !our com"arati;e conduct to consider. 7h! did
!ou aAort the hearing that !ou requestedI 9ou Bant !our stu11I 2t isnFt going to get
an! Aetter than this. -r! to Aring !oursel1 to deal Bith some realities. )ghG
G.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: ?on ((H0(H(( 0:,7 $? -o:
Eachcoughlin]hotmail.com Cc: cdAaDer]richardhillaB.com
the court is tr!ing to get ahold o1 !ou to hear !our motion on the landlordFs lien
tomorroB.
if you don't contact them, you won't get a hearing & your stuff will just stay
where it is until late december, because our schedule is blocked until then.
"lease contact the court 30+>'+,(
rghG
-herein aAo;e )ichard <. 3ill, Esq im"lies an aAilit! to im"ro"erl! in1luence a
triAunal.
"Subject: RE: WCSO Deputy Machem's "personally served" Affidavit of
11/1/2011
Date: Tue, 7 Feb 2012 11:40:39 -0800
From: LStuchellwashoecounty.us
To: zachcoughlinhotmail.com
CC: mkandarasda.washoecounty.us
Mr. Coughlin
Our records indicate that the eviction conducted on that day was personally
served by Deputy Machen by posting a copy of the Order to the residence. The
residence was unoccupied at the time.
Liz Stuchell, Supervisor
WCSO Civil SectionG
$lease see the attached emails 1rom )ichard 3ill incident to the e;iction matter in
)4C re;0,((>,,(7,* Bhich Bas ongoing at the time o1 the arrest in the i$hone "ett!
larcen! matter noB Ae1ore this Court. -herein one can 1ind the 1olloBing
- 238/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"ro1essional misconduct and or criminal laB ;iolations A! )ichard <. 3ill and
Case! BaDer, Esq.:
G.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: .ri ((H(*H(( ':49 8? -o:
Eachcoughlin]hotmail.com
mr coughlin > 1or a moment there, i thought that !ou Bere going to hold it together.
!ou need to res"ond to m! email o1 !esterda!, Bhich is "asted AeloB. it adequatel!
descriAes Bhat !ou need to do and "a!. see "artagra"h 4KK m! o11er to retrie;e !our
Ballet is still o"en, and it e/tends to !our Gclient 1iles,G e;en though !ou had a
residential lease that did not contem"late !ou running an unlicensed Ausiness. i1 !ou
continue the game that !ou did not get m! emails, then i thinD that !ou "ut the
contents o1 !our com"uters at issue, and Be need to Ae concerned aAout issues such
as s"oliation...
...4> !ou can get !our "ossessions out 8N9-2?E, B5- %N=9 %N -3E
.%==%72N<
C%ND2-2%N6:
a- you owe & must pay, in cash, $30 per day ($900/30 $30)starting November
1, 2011,...
...A> because of your repeated break-ins, Bhich com"romised the securit! o1 the
home, !ou need to also "a! the L(,,', that the contractor charged to secure the
home and its contents !our ;aluaAle "ossessions#. that "rice does not include the
Aasement door that Bas destro!ed in the "rocess o1 getting !ou out Bhen !ou Bere
arrested. Aut, i1 !ou "a! the other related costs, Be Bill recommend that Dr. ?erliss
Bai;e the damaged door. c> !ou Bill N%- Ae alloBed to taDe !our com"uters W
drugs and lea;e all the rest o1 the mass o1 CunD 1or us to clean u" at the house. !ou
need to coo"erate.
d> !ou Bill need to demonstrate the 1inancial aAilit! and adequate man"oBer to get
suAstantiall! e;er!thing out in one da!. Be suggest that means a u>haul, or
something similar, and some man"oBer to assist. Be ?89 Ae Billing to alloB !ou
more time, de"ending on !our de"ortment, !our sincerit! and !our e11orts. to date,
!ou ha;e Aeen sorel! lacDing on all 1ronts.G
2t is im"ortant to note that in one o1 the ;ideoFs 3ill tooD on No;emAer (3th, 0,(( Bhen he Bas
tres"assing at CoughlinFs laB o11ice and uttered 1alse statements leading to CoughlinFs custodial
arrest 1or tres"ass 3ill also attem"ted to get Coughlin charged Bith a G1elon!G 1or GAreaDing and
enteringG, Aut )$D %11icer Carter BouldnFt co>sign it, to Bhich 3ill is heard re"l!ing on the ;ideo
titled GZachFs arrest ,,((G G2 donFt do an! criminal stu11...!ou canFt Alame a gu! a 1or tr!ing
chortle, chortle#G# 3ill is heard sa!ing, on the ZachFs arrest ,,,7 ;ideo that the door has Aeen
unlocDed and that Coughlin must ha;e gotten in through the AacD!ard BindoB A! mo;ing a
BindoB unit air conditioner on the Aedroom 1loor that 3ill trains his ;ideo camera on...at Bhich
"oint Dr. ?erliss GBe;erl! 3illFs DocG# mentions that a BindoB in the Aathroom is unlocDed as
- 239/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Bell, and ?erliss is seen in other ;ideos he and 3ill 1ilmed that da! ins"ecting another BindoB unit
air conditioner in the 1ront li;ing room that 1aces Court 6t. and is a AlocD 1rom the =aDemill =odge
and across the street 1rom a 6ection * Cit! Center housing "roCect# an noting that it is secured in the
BindoB onl! A! Gta"eG. 8lso, a cursor! re;ieB o1 teh L(,,', Aill 1rom 3illFs contractor, $hil
6teBart, re;eals an itemiEed charge 1or G1i/ing a leaD in the AasementG and Gchanging the locDsG
again, a""arentl!, considering the 6heri11 t!"icall! has a locDsmith Bith them during locDouts#. 2t
is in this conte/t that 3ill made the aAo;e demands 1or L(,', to GsecureG the "ro"ert!G in light o1
CoughlinFs GAreaD insG, des"ite 3ill charging the same rent, L9,, "er month 1or such GstorageG that
Coughlin Bas charged 1or the G1ull use and occu"anc!G, Bhich, under the 6tandard )ental
8greement, alloBed 1or CoughlinFs commercial use o1 the "remises as his home laB o11ice.
.urther, "rior to 3illFs success1ul e11orts to get Coughlin taDen to Cail 1or a custodial arrest 1or
Ca!BalDing on 4anuar! (0th, 0,(0, 3ill had made threats on No;emAer ('th, 0,(( to ha;e
Coughlin arrested 1or standing on a "uAlic sideBalD. 6uch an e/tortionate threat and 3illFs later
1olloBing through on it is tantamount to 1iling a 1alse "olice re"ort and contriAuting to a 1alse
im"risonment.
.urther, Coughlin hereA! states, under "enalt! o1 "erCur! the 1olloBing Bhich Bas also sent
to 3ill sometime ago#:
G6o, to Ae clear, regarding an! emails m! o11icial BBB.n;Aar.org email account,
Eachcoughlin]hotmail.com, recei;ed 1rom !our rhill]richardhillaB.com, 2 did
recei;e !our tBo emails 1rom ((H(*H((, one at ':+( a.m. and one at 0:(4 ".m. Be!ond
that the onl! email recei;ed 1rom !our o11icial email address to mine Bas !our
introductor! email o1 *H('H(( at 4:33 ".m., to me alerting me to !our undertaDing the
re"resentation o1 Dr. ?erliss Bith res"ect to the matter to Bhich 2 had alread! Aegun
to Ninitiate or de1end againstO ;is a ;is N)6 ((*a.+(,. 6o, 2 assure !ou 2 Bill ha;e no
"roAlem testi1!ing to, signing an a11ida;it, or otherBise "ro;ing that 2 did not recei;e
an! emails 1rom !our rhill]richardhillaB.com o11icial email address at an!time
AetBeen the illegal locDout on or aAout No;emAer ( u" to the email !ou sent me on
((H(*H(( at ':+( a.m.. 6o, "lease adCust !our "leadings to re1lect that !our email
address did not success1ull! transmit an! emails to m! email address, and that !ou do
not ha;e an! Britten su""ort 1or !our contentions that !ou did recei;e con1irmation o1
an! such success1ul email transmission 1rom !our email address to mine, much less an
email related to alloBing me to access to or the aAilit! to remo;e m! "ro"ert!.G
2t is im"ortant to note that 3ill lied to ;arious courtFs res"ecting his Go11erG to alloB
Coughlin to get his clientFs 1iles. 3ill ne;er did actuall! let Coughlin get his clientFs 1iles aAsent
Coughlin signing o11 on his damage de"osit, "a!ing some unlaB1ul rent distraint under N)6
((*8.+0, dressed u" as a "ersonal "ro"ert! lien under N)6 ((*8.4', re"lete Bith 1raudulent Aills
1or securing a "ro"ert! that Bas later easil! roAAed gi;en 3ill and his contractor, Aesides Ailling
Coughlin L(,,', 1or GsecuringG a "ro"ert! that 3ill Bas alread! charging Coughlin L9,, a month
1or one Bould thinD that Bould include a secure "ro"ert! to Aegin Bith# 1ailed to remo;e the
BindoB unit air conditioner held in "lace A! Gta"eG see ;ideo o1 ?erliss noting this, though the
1ront door seemed to Ae DicDed in during the Aurglar! o1 DecemAer (0th, 0,(( or thereaAouts,
Bhich included remo;ing a '0 inch D=$ tele;ision set and other items, Bhich Bas to Ae e/"ected
- 240/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
gi;en 3illFs Aoarding u" o1 the AacD "orch "rett! much "ut a sign on the "lace sa!ing GnoAod! here,
Aut all that 1urniture and stu11 !ou can see in the BindoBsI <o Fhead and roA it...G 8nd roA it the!
did, a""arentl! 1eeling secure enough in the tenor o1 the neighAorhood and lacD o1 "olicing therein
to taDe there time remo;ing a '0 inch tele;ision set and a good deal other "ro"ert!, as the "lace Bas
torn asunder Bhen Coughlin Bas 1inall! granted access to retrie;e Bhat remained though Coughlin
Bas required to "a! L4*, 1or the (7 da!s AetBeen the locDout o1 No;emAer (, 0,(( and the
No;emAer (7th, 0,(( 1iling o1 a ?otion to Contest $ersonal $ro"ert! =ien A! Coughlin, des"ite
3ill 1ailing to itemiEe to Coughlin Bhat had Aeen stolen incident to the DecemAer (0th, 0,((
Aurglar!, Bhich Coughlin did 1ile a "olice re"ort 1or.
But, the thing that the 6BN and the Courts, "erha"s, should Ae most o11ended A! is 3ill
treating CoughlinFs clientFs 1iles liDe a "aBn, to Bit:
rhill]richardhillaB.com
-o: Eachcoughlin]hotmail.com
6uACect: )E: issues
Date: .ri, (* No; 0,(( ,':+(:4( >,*,,
mr coughlin > 1or a moment there, i thought that !ou Bere going to hold it together. !ou
need to res"ond to m! email o1 !esterda!, Bhich is "asted AeloB. it adequatel!
descriAes Bhat !ou need to do and "a!. see "artagra"h 4KK m! o11er to retrie;e !our
Ballet is still o"en, and it e/tends to !our Gclient 1iles,G e;en though !ou had a
residential lease that did not contem"late !ou running an unlicensed Ausiness.
.rom: )ichard 3ill rhill]richardhillaB.com#
6ent: 6un ((H0,H(( (0:40 $?
-o: Eachcoughlin]hotmail.com
?r. Coughlin > !ou continue to lie. 9ou W 2 ha;e s"oDen se;eral times. 9ou call W
rant at m! secretar! W then hang u" Ae1ore 2 can get on the line. $lease go AacD and re>
read m! emails to !ou. 9ou Bill not Ae alloBed to cherr!>"icD the "ro"ert! W lea;e us
Bith se;eral thousand dollars Borth o1 clean>u". ?a! 2 suggest that a good starting
"oint Bould Ae 1or !ou to arrange a dum"ster and throB all the cra" in the AacD!ard
into itII 21 !ou Bish to do that, as a starting "oint, and to demonstrate !our good 1aith,
"lease contact me and Be Bill get !ou Britten authoriEation 1or that "ur"ose. 5ntil !"u
ha;e that authoriEation, "lease do not go to the "ro"ert!. Nice touch on the G!ard sale G
signs. 2 thinD that there are useaAle 1inger "rints on the ta"e. 7eFll let !ou DnoB on
that. 8s Ae1ore, m! o11er to get !our Ballet W 1iles remains o"en )ghG
- 241/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.rom: )ichard 3ill rhill]richardhillaB.com#
6ent: ?on ((H0(H(( 0:+( $?
-o: Eachcoughlin]hotmail.com
?r coughlin >this con1irms a ;oicemail le1t 1or !ou 2 noB ha;e !our dri;ers license W
Bhat 2 thinD are !our client 1iles. DonFt DnoB, didnFt looD that closel! > !our "ri;ac! W
all. 7ill release them to !ou at the hearing tomorroB. $lease con1irm that the hearing
is on calendar )ghG
.rom: Zach Coughlin
6ent: ?onda!, No;emAer 0(, 0,(( 3:(+ $?
-o: rhill]richardhillaB.com
6uACect: )E: )i;er rocD
)ich, !ou are aBare that G1ilesG can include things on hard dri;es, rightI Zach
Coughlin, Esq.G
.rom: rhill]richardhillaB.com
-o: Eachcoughlin]hotmail.com b
CC: cdAaDer]richardhillaB.com b
6uACect: %ur con;ersation b
Date: ?on, 0( No; 0,(( (4:03:04 >,*,, b b
?r. Coughlin > this con1irms our con;ersation o1 a 1eB moments ago. b 9ou need to
call )eno CusticeFs court W con1irm that the hearing on !our b motion is on 1or
tomorroB. b %nce !ou ha;e done that, W the hearing is on calendar, call me AacD, W
Be b Bill ha;e a suAstanti;e con;ersation b b 2 Bant !ou to set !our hearing, Aecause
!ou are not going to get e;er!thing b !ou Bant, and Bant !ou to ha;e had a hearing. b
8s a laB!er, !ou DnoB the rules. b b $lease "roceed res"onsiAl!. b 8lso, "lease do not
Ae "utting Bords in m! mouth Bhen Be s"eaD. b 2 choose m! Bords Bith !ou as
care1ull! as 2 can b b )gh
.rom: Zach Coughlin Rmailto:Eachcoughlin]hotmail.comS
6ent: ?onda!, No;emAer 0(, 0,(( 3:(4 $?
-o: rhill]richardhillaB.com: cdAaDer]richardhillaB.com: Dstancil]Bashoecount!.us
6uACect: )E: %ur con;ersation
Dear )4C, ?s. 6tancil:
- 242/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
$lease note that m! tem"orar! address 1or noB is: Zach Coughlin, Esq. cHo 6il;er
Dollar ?otel *(7 N. Virginia 6t., 5nit ^ 0 )eno, NV *9+,(
2 do ha;e a 1a/ numAer, Aut 2 Bould "re1er i1 !ou didnFt use it Aecause it is someBhat
tied to the com"uters that )ichard 3ill is a""l!ing Bhat 2 Aelie;e to Ae an unlaB1ul rent
distraint to.
2 donFt reall! ha;e a reliaAle tem"orar! "hone numAer. )ichard 3ill re1uses to gi;e me
AacD m! state issued identi1ication, Ballet, cell "hone, De!s, etc. 2 also need m! client
1iles ;er! Aadl!, 1or their saDe and mine#.
Dear ?r. 3ill,
5suall! courts send some notice in Briting aAout hearings, not ha;e the o""osing
attorne! claim there is one in an email, nor alloB the o""osing attorne! to condition his
return o1 someoneFs state issued identi1ication and or e/igent client materials and laB
"ractice equi"ment u"on the other attoren! assenting to a Bai;er o1 the notice and
ser;ice requirements a""licaAle to the matter....7hat rules a""l! to "rocedural notice
requirements in these casesI Nothing in 4C))- according to 4C))- )ule 0, not much
1ound in N)6 4, or ((*a. 4C)C$ ) *3 1orAids the Ghouse rulesG that !ou seeD to taDe
ad;antage o1, Bhere the! are neither "uAlished nor a""ro;ed A! the NV 6. Ct....."lus
!ou ha;e 1orAidden me to get m! mail 1rom the "ro"ert! and !ou ha;e e;en attem"ted
to get me arrested and threatened to do so 1or m! standing in "uAlic "laces not reall!
doing much o1 an!thing# and the 56$6 "roAaAl! has not "rocessed m! change o1
address !et. 2 need to get m! "ro"ert!, not hel" !ou circum;ent the "rocedural
"rotection o1 notice and ser;ice o1 hearings. 2 DnoB, !ou are so used to some "eo"le
Aending o;er AacDBards to hel" !ou get things done quicDl! that !ou get all craAA! and
tucDered out Bhen !ou actuall! ha;e to role u" !our slee;es and do BorD. But, Cust
rela/, get !oursel1 a CuiceAo/ and a =unchaAle or something, and taDe it one thing at a
time....liDe 1ind a Aasis 1or notice 1or these hearings, etc....maDe sure that it doesnFt stem
1rom some un"uAlished, una""ro;ed A! the N. 6. Ct. Ghouse ruleG o1 the )4C, and lets
go 1rom there. 2n the meantime, get some in1ormed consent 1rom !our client, Aecause
that 6chi11 case "uts !our client in danger o1 losing his house o;er a retaliator! re1usal
to stand Aehind a cou"le hundred AucDs o1 rent deductions he agreed to or to 1ail to
1olloB the notice o1 ins"ection "ro;isions he agree to in Briting in the =ease
8greement.
8gain, 2 ha;e a standing ca;eat in this case that 2 Bill not res"ond to or re1ute e;er!
Aaseless allegation or attem"t at recounting 1acts that !ou maDe in Briting or otherBise,
it Bould Cust Ae too Aurdensome. 6o all !our Gthis email memorialiEes, Bhate;er,
Bhate;er,G !ou can sa;e.
Zach Coughlin, Esq.G
.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: ?on ((H0(H(( 4:04 $? -o: FCase!
BaDerF cdAaDer]richardhillaB.com#: Eachcoughlin]hotmail.com
...
told !ou > Ballet at hearing
- 243/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
no hearing, lien sta!s in "lace
!our call.
rghG
Notice that 3ill 1ails to mention the clientFs 1iles, Aut instead starts to 1ocus on the Ballet
and state issued dri;erFs licenseHidenti1ication# once it Aecomes clear that li;ing u" to his Go11erG to
"ro;ide Coughlin his clientFs 1iles might necessaril! include turning o;er hard dri;es and or
com"utersHla"to"s, smart "hones tools o1 the attorne! trade that hold clientFs 1iles these da!s, and
Bhich are "rett! much 1air game 1or laB en1orcement to co"! and ri1le through u"on a Gsearch
incident to arrestG, e;en one liDe the custodial arrest 1or Ca!BalDing that 3ill suACected Coughlin to
on 4anuar! (0th, 0,(0.
)E: unlaB1ul rent distraint. 3oB much do 2 need to "a! to get m! identi1ication,
client 1ilesI 3oB much 1or other "ro"ert!I
.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: ?on ((H0(H(( 4:4( $? -o:
Eachcoughlin]hotmail.com Cc: FCase! BaDerF cdAaDer]richardhillaB.com#
Bho is 6C32..II
Bhat are !ou taliDng aAoutI
do !ou DnoBI
Bill gi;e !ou Ballet W "a"ers > no charge.
did not see an! cell "hones.
Bhat do !ou "ro"ose that Dee"s !ou aBa! 1rom me, m! o11ice W m! sta11II
.rom: Zach Coughlin Rmailto:Eachcoughlin]hotmail.comS 6ent: ?onda!,
No;emAer 0(, 0,(( 4:3' $? -o: cdAaDer]richardhillaB.com:
rhill]richardhillaB.com 6uACect: unlaB1ul rent distraint. 3oB much do 2 need to
"a! to get m! identi1ication, client 1ilesI 3oB much 1or other "ro"ert!I
?r. 3ill and ?r. BaDer,
3oB much do 2 need to "a! !ou toda! to get access to m! "ro"ert!. 2 Bish to do so.
21 toda! is no good, "lease tell me, in itemiEed detail, hoB much 2 need to "a!, and
1or Bhat. 8re !ou continuing to re1use to "ro;ide me Bith m! Ballet and state issued
identi1ication, Bhich 2 ha;e clearl! indicated to !ou is in the Aasement on the taAle
ne/t to the mattressI 8re !ou 1urther, in recDless aAandon o1 the dictates o1 6chi11,
re1using to "ro;ide m! client 1iles and laB "ractice materialsI $lease let me DnoB
hoB much mone! !ou Bant and 1or Bhat, and 2 Bill deal Bith !our unlaB1ul rent
distraint at a later time, reser;ing m! right to.
6incerel!,
Zach Coughlin, Esq.G
- 244/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: ?on ((H0(H(( +:(+ $? -o:
gEachcoughlin]hotmail.comb Eachcoughlin]hotmail.com# Cc:
gcdAaDer]richardhillaB.comb cdAaDer]richardhillaB.com#
6ta! aBa! 1rom the house.
8ddress m! questions.
6ta! aBa! 1rom me, m! o11ice, m! sta11 W that house on ri;er rocDKK Clear enough
1or !ouI
9ou get the Ballet W the "a"ers 2 Bas aAle to gather, thatFs 2-. -hatFs Bh! 2 told !ou
to set the
hearing.
21 that stu11 disa""ears 1rom the house, !our email alone is enough "roAaAle cause
1or a search Barrant.
DonFt add Aurglar! W "ossession o1 stolen "ro"ert! to !our re"ertoire.
8ddress the issuesK
6ent 1rom m! i$hone "roAaAl! Bhile di;ing.
)<3G
%n No; 0(, 0,((, at 4:+* $?, Zach Coughlin gEachcoughlin]hotmail.comb Brote:
2 can meet someAod! o;er there at +:(+ "m toda! i1 that BorDs or 2 could come o;er
noB and "icD u" a De! or something, use it and return it. %therBise, i1 !ou Bill
"ro;ide "ermission to do so, 2 could "roAaAl! "r! o11 a "iece o1 "l!Bood m!sel1 and
get into the Aasement and get these materials, then hammer the "l!Bood AacD in
"lace. -hat Bould alle;iate the need 1or a De! to the u"stairs 1or noB. 9ou ha;e this
Briting indicating 2 Bould maDe a good 1aith e11ort to restore the "l!Bood to its
"re;ious 1ortress liDe state a1ter remo;ing m! "ro"ert!, and !ou do ha;e the aAilit!
to call the "olice should 2 or an!one else Ae 1ound there a1ter some a""ointed time.
3oB aAout this, agree in Briting that 2 can do that toda! AetBeen noB and midnight.
21 toda! is no good, agree to tomorroB.
6o, are !ou re1using to gi;e me the client 1iles that are 1ound onl! on hard dri;es
Bithin the desDto" $C, the la"to"s, the cell "hone checD ne/t to the microBa;e
AeloB the hanging taAle, ne/t to the mattress in the Aasement 1or the "hone, Bhich
contains laB "racticeHclient 1iles on it#. 2 also ha;e client 1iles on the Brother ?.C
+49,cn scanner all in
one machine near the same taAle in the Aasement#. 2t Bould Ae Aest 1or me to ha;e
access to the Aasement at least to gather the ;arious client 1iles. 2 realiEe !ou seem to
thinD 2 ha;e Aarel! an! clients, Aut that is not the case. )egardless, 2 need their 1iles,
some are in hard co"!, some are in electronic 1ormats on hard dri;es, etc. 2 realiEe
!ou are asserting some real need to secure the "ro"ert! and that !ou ha;e s"ent some
L(,', "a!ing a contractor to do so, hoBe;er, 2 Bould lo;e to DnoB hoB that
com"orts Bith !our lea;ing the BindoB air conditioning unit one can see on the
- 245/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
southern side o1 the house in "lace, Bith aAsolutel! nothing "re;enting one 1rom
"ushing that BindoB unit inside and entering through the BindoBI 21 it hel"s, 2 can
"roAaAl! get A! Bithout getting into the u"stairs at all 1or the time Aeing to access
materials. 21 !ou alloB me sa! no more than 0, minutes in the Aasement to gather
that Bhich is e/igent and or 2 ha;e an immediate right to, then 2 Bould imagine Be
can litigate the rest in an orderl! 1ashion. 2 donFt DnoB i1 that includes letting !ou go
on ;acation until DecemAer, Aut, its u" to !ou. 2 ha;e no intention o1 damaging the
"ro"ert! or causing Dr. ?erliss trouAle.
6incerel!,
Zach Coughlin, Esq.G
9our stu11
.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: -ue ((H00H(( ((:43 8? -o:
Eachcoughlin]hotmail.com Cc: FCase! BaDerF cdAaDer]richardhillaB.com#
?r coughlin > this con1irms that !ou ha;e !our Ballet > and Bhate;er Bas in it. 2 also
released tBo Aags o1 "a"ers to !ou. DonFt DnoB Bhat is in them 21 !ou Bant to
discuss the "rotocol 2 ha;e laid out 1or !ou to get the rest o1 !our stu11, 1eel 1ree. 2t is
not Britten in stone, Aut !ou DnoB the "arameters that !ou Bill need to meet. 21 !ou
are going ramAle, Cust maDe demands or re1use to recogniEe realit!, donFt Aother.
)ghG
G.7: .2=2N< )E8D9 68NC-2%N ?%-2%N 8--8C3ED: DE?8ND .%)
)E-5)N %. $)%$E)-9 .rom: )ichard 3ill rhill]richardhillaB.com# 6ent: -hu
((H04H(( +:+7 8? -o: Eachcoughlin]hotmail.com
?r. Coughlin > the "rocess to get !our stu11 is clearl! and sim"l! set 1orth in
paragraph 4 of my November 17,2011 email > AeloB. "lease let me DnoB Bhen W
hoB !ou Bish to "roceed. considering !our dill!>dall!ing, getting a dum"ster o;er
there, or maDing an! real "rogress, on thanDsgi;ing Bill Ae di11icult. "lease note Be
ha;e set out Bhat !ou must do. means W method, suACect to ;eri1ication W securit!
in e;er! sense o1 the Bord# are o"en. Bhen !ou email W call me, a1ter Ausiness
hours, DnoBing that Be Bill Ae out, does not create the Dind o1 "a"er trail !ou are
looDing 1or. !our antics are "rett! trans"arent. also, the cute calls during the da!,
Bhen !ou "retend to Ae someAod! else, onl! ser;e to re>in1orce our concerns aAout
!our mental staAilit! W the cautions Be must taDe Bhen dealing Bith !ou. this is the
res"onse to !our email o1 last e;ening ((H03H0,(( ] *:4*"m# rghG
-he No;emAer (7th, 0,(( email, 3ill re1erences aAo;e, at "aragra"h 4 reads:
G4> !ou can get !our "ossessions out 8N9-2?E, B5- %N=9 %N -3E
.%==%72N< C%ND2-2%N6: a> !ou oBe W must "a!, in cash, L3, "er da! L9,,H3,
J L3,#starting No;emAer (, 0,((, 1or storage. there is no requirement that Be mo;e
!our stu11. !ou "icD the date and "a! through that date > BE.%)E !ou get !our stu11.
- 246/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
=%%P 8- -3E 6-8-5-EK !es, Be could "a! L0,,,, to mo;e !our hoard o1 goods
into a storage 1acilit!. hoBe;er, Bhile the rent might Ae chea"er, the total Bould Ae 1ar
more than Cust lea;ing it Bhere 9%5 =E.- 2-. Be are mitigating !our damages, and
actuall! maDing it chea"er 1or !ou to get !our stu11 released 1rom the statutor! lien.
A> Aecause o1 !our re"eated AreaD>ins, Bhich com"romised the securit! o1 the home,
!ou need to also "a! the L(,,', that the contractor charged to secure the home and its
contents !our ;aluaAle "ossessions#. that "rice does not include the Aasement door
that Bas destro!ed in the "rocess o1 getting !ou out Bhen !ou Bere arrested. Aut, i1
!ou "a! the other related costs, Be Bill recommend that Dr. ?erliss Bai;e the
damaged door.
c> !ou Bill N%- Ae alloBed to taDe !our com"uters W drugs and lea;e all the rest o1
the mass o1 CunD 1or us to clean u" at the house. !ou need to coo"erate.
d> !ou Bill need to demonstrate the 1inancial aAilit! and adequate man"oBer to get
suAstantiall! e;er!thing out in one da!. Be suggest that means a u>haul, or something
similar, and some man"oBer to assist. Be ?89 Ae Billing to alloB !ou more time,
de"ending on !our de"ortment, !our sincerit! and !our e11orts. to date, !ou ha;e Aeen
sorel! lacDing on all 1ronts.
i1 !ou Bant to maDe a "ro"osal, "ut it in an email W send it AacD. hoBe;er, "lease Dee"
it real. !ou are not in control > on man! le;els.G
6o, reall!, once 3ill 1ound out CoughlinFs clientFs 1iles Bere, in "art, onl! to Ae 1ound on
CoughlinFs ;arious hard dri;es, his Bhole Go11erG to release those clientFs 1iles Gno chargeG ;anished,
and instead Aecame suACect to Coughlin 1ul1illing G"aragra"h 4G o1 3illFs No;emAer (7th, 0,((
email meaning, 1or Coughlin to get his clientFs 1iles, some o1 Bhich Bere onl! located on the
;arious hard dri;es, Coughlin Bould ha;e had to "a! 3ill, cash, on No;emAer 0+th, 0,(( L3, / 0+
"lus L(,,', 1or the contractorFs Aill to GsecureG the "ro"ert!, all su""osedl! "remised u"on some
N)6 ((*8.4', GreasonaAle storage, mo;ing, and in;entor!ingG e/"enses "ersonal! "ro"ert! lien
theor!, $=56, Coughlin Bould ha;e to meet 3illFs requirements that, "rior to Aeing alloBed on the
"ro"ert!, Coughlin "resent Bith a 5>3aul, a rented dum"ster, and a GcreB o1 mo;ersG su11icient to
mo;e an entire home laB o11iceFs contents out Bithin an * hour "eriod, the da! Ae1ore
-hanDsgi;ing, oh, and all that mo;ing Bould ha;e to occur through the home o11iceFs 1ront door
onl!, according to 3ill# though 3ill did hand o;er to Coughlin GtBo Aags o1 "a"ersG:
G.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: -ue ((H00H(( ((:43 8? -o:
Eachcoughlin]hotmail.com
?r coughlin > this con1irms that !ou ha;e !our Ballet > and Bhate;er Bas 2in it. I also
released two bags of papers to you. Don't know what is in them 21 !ou Bant to discuss
the "rotocol 2 ha;e laid out 1or !ou to get the rest o1 !our stu11, 1eel 1ree. 2t is not Britten
in stone, Aut !ou DnoB the "arameters that !ou Bill need to meet...G
8ctuall!, 3ill s"ells out Bhat, e/actl!, o;er and aAo;e an! reasonaAle reading o1 N)6
((*8.4',Fs Gmo;ing, storage, and in;entor!ing e/"ensesG "ersonal "ro"ert! lien
"ro;ision entitles him to, that 3ills demands Ae "aid 8ND D%NE Ae1ore Coughlin Bould
- 247/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ae a11orded access to those clientFs 1iles o1 his that Bere to Ae 1ound onl! on CoughlinFs
hard dri;es:
G3E)EF6 -3E DE8= .rom: )ichard 3ill rhill]richardhillaB.com# 6ent: .ri ((H0+H((
7:4' 8? -o: Eachcoughlin]hotmail.com ?r. Coughlin > these are the terms under Bhich
!ou Bill Ae alloBed onto the ri;er rocD "ro"ert! and into the house 1or -%D89 W toda!
onl!. -3E6E -E)?6 8)E N%- %$EN -% NE<%-28-2%N > 8- 8==
(> !ou said !ou had cashierFs checDs to "a! 1or the lien 1ees. -he! must Ae "a!aAle to me
and draBn on a recogniEaAle local AanD. 21 not, then cash, Aut that com"licates things, and
that cuts into !our time. -he amount is L(,,', 1or the necessar! re"airs to secure the
"ro"ert! a1ter !our re"eated AreaD>ins. 8lso, L3,Hda! 1or storage. -oda! is the 0+, that
means !ou "a! 1or 04 da!s L3, / 04 J L70,# -%-8= >>L(,7*,. Be understand that !ou
contest the lien.
0> the aAo;e 1igure taDes !ou at !our Bord that !ou Bill use !our Aest e11orts to remo;e as
much o1 !our "ro"ert! 1rom the "remises as "ossiAle toda!. 21 !ou maDe reasonaAle
"rogress, reasonaAle accommodations Bill Ae made to alloB !ou 1urther access
3>N%NE o1 the securit! "oints at the home are to Ae disturAed >8- 8==. -326
6$EC2.2C8==9 ?E8N6 -38- -3E B%8)D6 %N -3E B8CP $%)C3 )E?82N W
8)E N%- -8?$E)ED 72-3, )E?%VED, %) C%?$)%?26ED 2N 8N9 789.
4> !ou Bill ha;e !our creB and ;ehicle 1or trans"ort o1 !our goods there at 9 a.m. No
creB or inadequate ;ehicle > no deal. 9our W !our agentsF authoriEation to Ae at the
"ro"ert! e/"ires at 4:4+".m. -%D89. -hat means that !ou and the! Bill Ae gone A! that
time. 9ou W the! agree not to come AacD to the "ro"ert! Bithout "rior authoriEation. 9ou
and !our agents Bill "rint !our names and sign W date a co"! o1 this email Bhich Bill Ae
gi;en to me BE.%)E !ou get into the house
+>B9 62<N2N< BE=%7, 9%5 8ND 9%5) 8<EN-6 3E)EB9 )E=E86E D)
?E)=266 326 -)56-#, ?E W ?9 .2)?, 2N 8DV8NCE, .ROM ANY AND ALL
IN1URIES, FROM ANY SOURCE & OF ANY KIND, 8)262N< %5- %. 9%5)
%) -3E2) $)E6ENCE %N -3E $)%$E)-9 -%D89 %) 2N -3E .5-5)E
8665?2N< .5-5)E 85-3%)2Z8-2%N .%) 68?E#. 9%5, $E)6%N8==9,
8<)EE -% 2NDE?N2.9 56 .)%? 8N9 65C3 =%66, C%6- %) D8?8<E,
2NC=5D2N< .EE6. B9 62<N2N< BE=%7, 9%5 8<)EE -% 8== %. -3E
.%)E<%2N< $)2N- N8?E6 D8-E 62<N
Finally, your computer & 2 laptops, that were previously placed in storage, will be
released when your compliance with the foregoing has been verified. Please confirm
your agreement Do I need to have the cops there?I )ghG
6o, 1inall! 3ill admits that his Aig, generous "rior o11ers to "ro;ide Coughlin his clientFs 1iles
Bere nothing more than a chimera:
- 248/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
G.7: 3E)EF6 -3E DE8= .rom: )ichard 3ill rhill]richardhillaB.com# 6ent: .ri
((H0+H(( 9:4* 8? -o: Eachcoughlin]hotmail.com ?r coughlin > 2 sent !ou the emails
AeloB Aecause !ou said !ou Banted to "a!, alAeit under "rotest, that !ou had a creB W
;ehicle W Banted to get !our stu11. NoB, !ou change !our stor! W are AacD to !our
mantra...."give it to me for free" Part of the reason I could not find what you claim
are client files, is because you would not cooperate, and your living quarters in the
basement were not exactly conducive to any kind of organiztion At this point, all
offers are revoked. 8""arentl!, !ou Bill need to Ae seeing the Cudge, Aecause !ou are
clearl! more interested in hassling than in getting on Bith li1e. 6ta! aBa! 1rom m! o11ice
W me. Do not call. 9ou are stalDing me W m! sta11. 6-%$ 2-K rghG
.rom: )ichard 3ill rhill]richardhillaB.com# 6ent: .ri ((H0+H(( ((:,+ 8? -o:
Eachcoughlin]hotmail.com
... 2 met !our mother. 2 Aet sheFs in tears W has Aeen 1or !ears, courtes! o1 !ou. the e/>
girl1riend...oA;iousl! 1led....G
3ill also has addressed Coughlin on the "hone "re;iousl! A! sa!ing: G2s this BacD! ZacD!
on cracD!IG .urther, )ichard <. 32ll, Esq. threatened Coughlin at the (0H0,H(( 3earing on
CoughlinFs ?otion to )elease $ersonal $ro"ert! Bhere Coughlin as charged the outrageous sum
o1 L3, "er da! GstorageG and 1orced to "a! a lien 1or the contents o1 his 1ormer laB o11ice a1ter
)ichard <. 3ill, Esq.Fs negligence cause it to Ae AurglariEed on DecemAer (0, 0,((, something 1or
Bhich 3ill noB seeDs to ha;e Coughlin "a! 1or in his ridiculous ?emorandum o1 Costs on a""eal
in D7 in CV((>,3'0*# Bhen 3ill e/claimed to Coughlin, in 1ront o1 Baili11 )e!es and Chie1 Baili11
6e/ton Bhom has also made threatening commentar! to Coughlin on multi"le occasions seeDing
to "re;ent Coughlin 1rom 1iling documents Bith the )4C incident to e/igent e;iction matters# that
3ill, too, GBould liDe to sticD something u" CoughlinFs assG. 3ill said this in a loud ;oice
a""ro/imatel! 0, 1eet 1rom Coughlin, Bith Baili11 )e!es and Chie1 Baili11 6e/ton standing near
3ill, all three gentlemen sharing a good laugh, during a recess, Aut Bhile in the courtroom, in )4C
)e;0,(>,,(7,*Fs (0H0,H(( 3earing. 4udge 61erraEEa Bas in1ormed o1 this on the record.
-he attached emails AetBeen 3ill, Coughlin, and )4C Ci;il .iling %11ice 6u"er;isor Paren
6tancil re;eal that 3ill ne;er actuall! intended to gi;e Coughlin his clientFs 1iles, Aut rather, Cust a
Aag o1 trash, and that the notion that clientFs 1iles could Ae located on hard dri;es Bas Cust too much
1or 3ill to Aear, as he ;ieBed CoughlinFs com"uters as items that Coughlin Bished to Gcherr! "icDG
1rom the Gmostl! CunDG on the "ro"ert! that 3ill recommended Coughlin Grent a dum" trucD 1orG.
CoughlinFs clients Bould ha;e to Bait until DecemAer 00nd, 0,(( 1or 3ill to 1inall! turn o;er the
1iles. Coughlin shoBed u" to the )4C 1or the noticed No;emAer 00nd, 0,(( 3earing on the ?otion
to Contest $ersonal $ro"ert! =ien, Aut 3ill 1ailed to. -he 3earing Bas reset 1or DecemAer 0,th,
0,((, and not matter Bhat an!one sa!s, an %rder Bas issued, one that Coughlin a""ealed or sought
to a""eal, and in no Ba! did Coughlin GagreeG to such %rder, Bhich 1olloBed ' hours o1 a hearing
litigating the matter.
- 249/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8dditionall!, this is a grie;ance against 3ill and BaDer concerning their l!ing under oath at the 4une (*th, 0,((
criminal tres"ass 1rom m! 1ormer laB o11ice trial in )?C (( C) 0'4,+. $lease re;ieB the ClaiAorne decision 1or
su""ort 1or the contention that neither Bar Counsel Ping, 6BN 2n;estigator $eters, or the 6BN Bill 1ind a;ailing an!
argument that no in;estigation Bas required on their "art res"ecting those allegations "articularl! during the + months
"eriod AetBeen 3illFs 4anuar! (4th, 0,(0 Britten, Aut unsigned, grie;ance to $at Ping and the con;iction on 4une (*th,
0,(0...certainl!, the 6BN has taDen an interest in m! pending criminal matters...#. 2n ClaiAorne, the 6BN Bas taDen to
tasD 1or maDing such a suggestion that no dut! to in;estigate on their "art Bas "resent, Bhere the Court ruled it clearl!
Bas...
$lease re;ieB the sBorn Declaration A! 3ill attached to his No;emAer 0,th, 0,(( %""osition to CoughlinFs ?otion to
Contest $esonal $ro"ert! =ien and that %""osition itsel1, es"eciall! the Ait in 3illFs Declaration Bhere he 1ails to allege
the )$D identi1ied themsel;es as laB en1orcement or issued an GlaB1ul orderG 1or Coughlin to Gemerge 1rom theG
GAasementG Bhich ne;er had an outside locD to Aegin Bith# prior to landlord ?erliss DicDing the door doBn and isnFt is
interesting that the )$D did not 1eel it had authorit! to DicD a door doBn...suggesting the! also 1elt the! did not ha;e
authorit! to issue a GlaB1ul orderG or Barning, "ursuant to )?C *.(,.,(, to Coughlin to lea;e the "remises. 2 am
com"laining o1 an unlaB1ul tres"ass and in;asion A! 3ill, BaDer, and ?erliss, es"eciall! Bhere in the other ;ideos
"ro;ided to )eno Cit! 8ttorne! Chris 3aElett>6te;ens and this is a 1ormal grie;ance against 3aElett>6te;enFs as Bell,
es"eciall! considering the e/tent to Bhich he "ut on "erCured testimon!, 1ailed to hold 3ill to a suA"oena, in ;iolation o1
CoughlinFs right to a s"eed! trial during the same ' BeeD ;acation A! 3ill that resulted in the )4C 1ailing to gi;e
Coughlin a timel! 3earing on his No;emAer ('th, 0,(( 1iling o1 a ?otion to Contest $ersonal $ro"ert! =ien in the
e;iction matter 1rom CoughlinFs 1ormer home laB o11ice in the )4C, )EV0,((>,,(7,*...a ?otion 1or Continuance Bas
1iled A! cit! attorne! Christo"her 3aElett>6te;ens, Bhich CoughlinFs then )?C a""ointed de1ense Counsel =eB -aitel
1ailed to timel! in1orm Coughlin o1 and agree to des"ite Coughlin, at that time, ha;ing 1iled a laBsuit against Ne;ada
Court 6er;ices, on %ctoAer (9th, 0,(( in CV>,3,+(, CV((>,3,+( Z8C3 C%5<3=2N V6. ?8-- ?E)=266 E- 8=
D(#. (9>%C->0,((.
0urther, any #ritings or filings by 5ar Counsel King and or Chairman !usich *#hether !usich's @une 1;th,
2012 !C9 11F 2isability +etiton against Coughlin in E09F or in Kings August 23rd, 2012 !5: & Coughlin
!C9 10 Complaint that suggest or indicate Coughlin committed a Bbrea%ing and enteringB of his former la#
office, or that the Bloc%s #ere bro%enB is totally unsupported and rec%less and contradicted e4plicitly by the
&ideos Hill himself filmed and his statements therein *the !C9 10 Complaint filed by King is comprised of
:G12?0206, Hill's @anuary 12th, 2012 grie&ance against Coughlin, :G12?0636, @udge :ash Holmes' <arch
16th, 2012 grei&ance against Coughlin, #hich she purports to file on behalf of herself and all other 9<C
@udges, e&en one's Coughlin has ne&er been before, e&en pro tempore @udges, and :G12?063, the
Bimmaculate conceptionB grie&ance filed by, #ell,um(((@udge :ash Holmes on behalf of @udge "illiam Gardner
and Bthe other 9<C $udgesB after @udge "illiam Gardner passed the April 2009 Crder of his sister @udge
-inda Gardner, gi&en to him by his sister, Judge Linda Gardner to @udge :ash Holmes, #ho then filed it #ith
her <arch 16th, 2012 grie&ance against Coughlin #ith the !tate 5ar of :e&ada, and therein sought to ha&e
Coughlin declared Bmentally incompetentB, a fact #hich did not pre&ent @udge "illiam Gardner, despite his
%no#ledge of this, from plo#ing ahead in an desperate attempt to get the criminal trespass matter from
Coughlin's former home la# office completed in a &ery e4peditious manner *after the 9<C granted a si4 #ee%
continuance to Hill, on account of his being on &acation, in that trespass matter, 11 C9 2E60, on :o&ember
30th, 2011(((#hich is the e4act same day that the 9<C's @udge Kenneth Ho#ard denied Coughlin's re7uest
for a continuance in 11 C9 221FE of the B"al?<art candy barB trial that is the sole basis for Coughlin's no#
o&er four month long temporary suspension of his la# license, e&en #here Coughlin alleged Hill #as applying
an unla#ful rent distraint, &erboten under :9! 11;A(20, to e4culpatory &ideos ta%en by Coughlin that pro&e
that "al?<art had threatened to ha&e Coughlin Bbanned from all the "al?<artsB in retaliation for Coughlin
arguing #ith "al?<art's Assistant !tore <anagers and Customer !er&ice personnel concerning the e4tent to
#hich "al?<art con&eniently BforgetsB its 9eturn +olicy *the one that has dri&en most other retailers out of
business, #hen it benefits the <anagers to do so *depsite ha&ing had the same $ob for 10 years and being
paid W10,000 a year to do it,( Cn @uly Fth, 2011 "al?<art's Assistant !tore <anager @ohn Dllis and a Asset
+rotection Associate threatened Coughlin by indicating they #ere going to retaliate against him for his arguing
about the 9eturn +olicy by ha&ing him Bbanned from all "al?<artsB( Hill #as #ithholding a &ideo of that and
other misdconduct by "al?<art of an e4culpatory 7uality from Coughlin under some unla#ful rent distraint
#hen 9<C @udge Kenneth Ho#ard denied Coughlin a continuance, on :o&ember 30th, 2011 *in fact, @udge
Ho#ard %ept his entire court staff #or%ing at o&ertime pay until 9 pm that night because he, apparently, #as so
- 250/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
eager to pre&ent Coughlin from being able to access such e4culpatory materials during the pendency of the
8rial should it not be concluded in one day,( +rior to the !eptember 9th, 2011 custodial arrest of Coughlin for
petty larceny of Ba candy bar and some cough dropsB that he allegedly consumed #hile shopping for and
paying for some W;3(;2 #orth of groceries )n that "al?<art case, the search incident to arrest conducted by
the 9eno !par%s )ndian Colony Cfficer Kameron Cra#ford found once half of one pac%age of 2uract Cough
<elts, and despite "al?<art's 8homas 0rontino and Cfficer Cra#ford's testimony to the contrary, the receipt
for the W;3(;2 #orth of groceries Coughlin purchase that day did, in fact, contain an entry for the same /+C
for the same 2uract Cough <elts that they alleged Coughlin consumed #hile shopping( Cfficer Cra#ford
committed per$ury on the #itness stand, suborned by 9eno City Attorney +amela 9oberts, #here he e4cused
his conducting a custodial arrest and search incident thereto, for a misdemeanor arrest, for alleged conduct
occurring outside the officer's presence, after F pm, and #here "al?<art's 0rontino admitted that "al?<art did
not effect a BcitiAen's arrestB upon Coughlin, all a &iolation of :9! 1F;(13E, #ith Cfficer Cra#ford channeling
the o&ercharging the alleged lost, mislaid, or abandoned three year old i+hone as a felony grand larceny
Bho#'s that'B prete4tual, retaliatory histrionics of one Cfficer :icholas 2uralde by lying that Coughlin failed to
gi&e Cfficer Cra#ford his dri&er's license, #hich, too bad for Cfficer Cra#ford, the )nterrogation 9oom &ideo's
pro&ided by "al?<art to 9eno City Attorney's Cffice prosecutor +amela 9oberts clearly do sho# Coughlin
handing Cfficer Cra#ford Coughlin's dri&er's license *and further support for that fact is found by Cra#ford
calling in the dri&er's license number to his dispatch to run a chec% for priors, by Cra#ford copying information
off Coughlin's dri&er's license to his 2eclaration of +robable Cause and Arrest 9eport, and by the "C2C
boo%ing personal property in&entory sheet for Coughlin sho#ing that Coughlin did, in fact, ha&e his :e&ada
dri&er's license #ith him at the time, all of #hich #as %no#n to prosecutor +am 9oberts, much li%e 22A =oung
has been pro&ided &ideoSaudio e&idence that sho#s Larata, Goble, and Cfficer 2uralde ha&e lied repeatedly
throughout this 8rial in 9C92011?0E3361,(((this one consists of the April 2009 Crder After 8rial by 9<C @udge
"illiam Gardner's sister, 0amily Court @udge -inda Gardner, that, pursuant to :9! F(0; sanctioned Coughlin
W1,000 personally and #as the Bsole reasonB for Coughlin being fired from "ashoe -egal !er&ices in <ay
2009, according to "-! D4ecuti&e 2irector +aul Dlcano( Dlcano had told Coughlin in 0ebruary 2009 that both
@udge -inda Gardner, <aster !ue Ddmondson, and one other @udge had gi&en Coughlin a Bthumbs upB for his
#or% as a domestic &iolence attorney for "-!, and that @udge -inda Gardner Bo#edB Dlcano Ba big fa&or
because ) did something for her a long time ago(((B, +lease correct any such filings and alert the Court to your
transgressions(
NRS 171.1255 Arrest by officer or agent of Bureau of Indian Affairs or police officer
employed by Indian tribe.
(. E/ce"t as otherBise "ro;ided in suAsection 0, an o11icer or agent o1 the Bureau o1 2ndian
811airs or a "erson em"lo!ed as a "olice o11icer A! an 2ndian triAe ma! maDe an arrest in oAedience
to a Barrant deli;ered to him or her, or ma!, Bithout a Barrant, arrest a "erson:
a# .or a "uAlic o11ense committed or attem"ted in the o11icer or agentMs "resence.
A# 7hen a "erson arrested has committed a 1elon! or gross misdemeanor, although not in the
o11icer or agentMs "resence.
c# 7hen a 1elon! or gross misdemeanor has in 1act Aeen committed, and the o11icer or agent
has reasonaAle cause 1or Aelie;ing the "erson arrested to ha;e committed it.
d# %n a charge made, u"on a reasonaAle cause, o1 the commission o1 a 1elon! or gross
misdemeanor A! the "erson arrested.
e# 7hen a Barrant has in 1act Aeen issued in this 6tate 1or the arrest o1 a named or descriAed
"erson 1or a "uAlic o11ense, and the o11icer or agent has reasonaAle cause to Aelie;e that the "erson
arrested is the "erson so named or descriAed.
1# 7hen the "eace o11icer has "roAaAle cause to Aelie;e that the "erson to Ae arrested has
committed a Aatter! u"on that "ersonMs s"ouse and the "eace o11icer 1inds e;idence o1 Aodil! harm
to the s"ouse.
- 251/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0. 6uch an o11icer or agent ma! maDe an arrest "ursuant to suAsection ( onl!:
a# 7ithin the Aoundaries o1 an 2ndian reser;ation or 2ndian colon! 1or an o11ense committed on
that reser;ation or colon!: or
A# %utside the Aoundaries o1 an 2ndian reser;ation or 2ndian colon! i1 the o11icer or agent is in
1resh "ursuit o1 a "erson Bho is reasonaAl! Aelie;ed A! the o11icer or agent to ha;e committed a
1elon! Bithin the Aoundaries o1 the reser;ation or colon! or has committed, or attem"ted to
commit, an! criminal o11ense Bithin those Aoundaries in the "resence o1 the o11icer or agent.
h .or the "ur"oses o1 this suAsection, N1resh "ursuitO has the meaning ascriAed to it in N)6
(7(.(+'.
N)6 (7(.(3' 7hen arrest ma! Ae made:...
0. 21 it is a misdemeanor, the arrest cannot Ae made AetBeen the hours o1 7 ".m. and 7 a.m.,
e/ce"t:
A# 7hen the o11ense is committed in the "resence o1 the arresting o11icer:
c# 7hen the "erson is 1ound and the arrest is made in a "uAlic "lace or a "lace that is o"en to
the "uAlic and:
(# -here is a Barrant o1 arrest against the "erson: and
0# -he misdemeanor is disco;ered Aecause there Bas "roAaAle cause 1or the arresting
o11icer to sto", detain or arrest the "erson 1or another alleged ;iolation or o11ense:
d# 7hen the o11ense is committed in the "resence o1 a "ri;ate "erson and the "erson maDes an
arrest immediatel! a1ter the o11ense is committed:
6ec. *.(,.,4,. > $etit larcen!.
N2t is unlaB1ul 1or an! "erson to taDe or carr! aBa! the "ro"ert! o1 another Bith the intent to
de"ri;e the oBner o1 his "ro"ert! therein, in an! ;alue less than L0+,.,,, and 1or his con;iction
there1or, he shall Ae 1ined in an amount not more than L(,,,,.,, andHor Ae incarcerated not more
than si/ months. 2n addition to an! other "enalt!, the court shall order the "erson to "a!
restitution.O
-he arrest in this matter 1ails on e;er! element o1 N)6 (7(.(0'0#A#>d#. .urther, Bhile it
is quite questionaAle to in1er e;idence o1 guilt Aased u"on the 1ruit o1 an im"ermissilAle search o1
CoughlinFs "ocDets Bhich allegedl! re;ealed one hal1 o1 the contents o1 one "acDage o1 Duract
Cough ?elts ' melts in a 1oil sheet#, es"eciall! Bhere Coughlin had Cust "aid 1or and the recei"t
1or L*3.*0 con1irms this# a "acDage o1 the e/act "roduct allegedl! consumed, the Duract Cough
?elts 5$C ,7300('3,,93#. -his is "articularl! true Bhere there Bas not e;idence in the record
or testimon! o11ered that the contents o1 CoughlinFs sho""ing Aag 1rom the L*3.*0 Borth o1 items
- 252/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"aid 1or, did or did not include an o"ened and or hal1 1ull "acDage o1 those ;er! Duract Cough
?elts#. -o the e/tent that )?C 4udge 3oBard re1used to let Coughlin testi1! on his oBn Aehal1 at
trial, such an utter "aucit! o1 e;idence to su""ort the allegations, comAined Bith the m!riad
instances Bhere the testimon! o1 7al>?artFs .rontino and that o1 )62C $olice %11icers CraB1ord
and BraunBorth, is "articularl! trouAling, es"eciall! to the e/tent that the Cit! o1 )eno and the
)eno ?unici"al Court arguaAl! ha;e a ;ested interest in limiting the costs associated Bith
"ro;iding de1ense counsel to indigent "arties Coughlin Bas denied his 6i/th 8mendment )ight to
Counsel under 8rgersinger, Bhere, as here, even the possibility o1 Cail time e/ists> and Coughlin
ser;ed 3 da!s in Cail in connection Bith this trial court matter Cit! 8ttorne! $am )oAerts:
8rgersinger ;. 3amlin, 4,7 5.6. 0+ (970## and collecting the 1ines associated Bith con;ictions.
-his 1irst o11ense allegation o1 sho"li1ting, 1or some L(4.,, o1 merchandise, resulted in a L4,, 1ine
and 3 da!s in Cail, all Bith no 6i/th 8mendment de1ense counsel costs attendant to the "rosecution.
2t Bould Ae 1alse to sa! the 7al>?art loss "re;ention associate -homas .rontino made an
arrest himsel1, and es"eciall! duAious to assert that .rontio met the requirement o1 . -here Bas no
allegation o1 that at the trial. -he )62C %11icers CraB1ord and BraunsBorth made the arrest, as
such, N)6 (7(.(0' is ina""licaAle. E;en i1 it Bere a""licaAle, 7al>?artFs .rontinoFs testimon!
Bas so ri1e Bith unsu""orted, contradictor!, and disengenous statements as to ;itiate an! su""ort
1or an! allegation that .rontino Bas entitled to arrest Coughlin, under N)6 (7(.(0'(# 1or Na
"uAlic o11ense committed or attem"ted in the "ersonFs "resenceO.he N"ersonall! BitnessedO
Coughlin taDe a refrigerated ice cream bar o11 the shel1 in the cand! isle and consume it Bas
sho""ing 1or other itemsI .rontino could see he admitted he could not hear Bhat Bas said
AetBeen Coughlin and the 7al>?art cashier, Bhom 7al>?art 1eigned an inaAilit! to locate or
determine the identi1! o1# every item rung up by the cashier and off the top of his head now that
- 253/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
none of those items bore a +,' with the same number as the !uract 'ough Melts -rontino
alleged 'oughlin consumed while shopping.""".urther, .rontinoFs testimon! aAout hoB he
N"ersonall! Bitnessed Coughlin consume the cough dro"s Bhile sho""ingO is inconsistent Bith his
testimon! that 7al>?art "olic! did not "ermit .rontino to 1olloB Coughlin into the restroom at
7al>?art and that, there1ore, .rontino lacD a Aasis 1or maDing 1urther attem"ts to in;estigate an!
sus"icion he had Bith res"ect to the Duract Cough ?elts, there1ore lea;ing 7al>?art and .rontino
to hinge their ho"es o1 le;eraging the )62C $olice to conduct an unlaB1ul search o1 Coughlin. -o
the e/tent that .rontino admitted neither he or an!one 7al>?art ma! ha;e sought to testi1! at trial
could hear Bhat Bas said AetBeen Coughlin and the cashier, .rontinoFs ;antage "oint does not
meet the Nin the "ersonFs "resenceO standard required A! N)6 (7(.(0'(#, though .rontino still
signed the Criminal Com"laint sBearing that he had such a Aasis 1or maDing his allegations.
N)6 (7(.(0'(# : N 8rrest A! "ri;ate "erson. 8 "ri;ate "erson ma! arrest anotheCit! 8ttorne!
$am )oAerts: (. .or a "uAlic o11ense committed or attem"ted in the "ersonMs "resence.O
)62C %11icer CraB1ordFs Britten re"ort demonstrates a "ro1ound lacD o1 a""reciation 1or
the "roAaAle cause requirement, Bhile at the same time, dis"la!ing a cunning, and cra1t! a""roach
to s"inning the ne/us AetBeen "roAaAle cause, detaining a sus"ects, citiEenFs arrest, 1ourth
amendment e/ce"tions, and N)6 (7(.(03. 2n his Britten re"ort included in the attached E/hiAit
0, a collection o1 the disco;er! "ro"ounded A! the Cit! o1 )eno, 1inall!, Bell o;er one month a1ter
the arrest and a1ter Coughlin had made numerous attem"ts to get a co"! o1 such materials, 1rom,
and in "erson and A! Briting, the )62C $olice 1orce meeting Bith 6argent 8;ansino and Aeing
re1used such documentation#, the )eno ?unici"al Court, the Cit! o1 )eno Cit! 8ttorne!Fs %11ice>
on a""ro/imatel! 6e"temAer (+
th
, 0,(( Coughlin s"oDe Bith De"ut! Cit! 8ttorne! Christo"her
3aElett>6te;ens and inquired as to the a;ailaAilit! o1 such Bitness statements, "olice re"orts, or an!
- 254/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
other materials 1rom 7al>?art, the )62C, or an!one else and Bas told A! 3aElett>6te;ens that the
Cit! 8ttorne!Fs %11ice had not and Bould not recei;e such materials until a1ter the arraignment in
this matter, Bhich Bas set 1or some 3, da!s a1ter the arrest 6e"temAer 9
th
, 0,(( to %ctoAer (,
th
,
0,(0#...Coughlin "leaded Bith 3aElett>6te;ens to Cust NdouAle checDO and asD e;er!one else in the
o11ice i1 an! such disco;er! or documentation had Aeen "ro;ided to the Cit! 8ttorne!Fs %11ice and
3aElett>6te;ens indicated he Bould, and therea1ter con1irmed to Coughlin that no such items had
Aeen recei;ed, and 1urther, that Coughlin had not right to them "rior to the arraignment, in an!
e;ent, either 1rom the Cit! 8ttorne!Fs %11ice, the )?C, or the )62C $olice De"artment. 3oBe;er,
the 1a/ headers and dates on the disco;er! later "ro;ided A! the Cit! 8ttorne!Fs %11ice certainl!
seems to indicate that such materials Bere 1a/ed to the Cit! 8ttorne!Fs %11ice A! the )62C $olice
De"artment on 6e"temAer (3
th
, 0,((, hoBe;er, the "age numAers and "age counts Bould seem to
indicate some materials Bere not "ro"ounded#.
2n his N8rrest )e"ort and Declaration o1 $roAaAle CauseO 1rom 6e"temAer 9
th
, 0,((, )62C
%11icer CraB1ord Brites:O%n 9H9H(( at aAout 0(:0( hours 2 res"onded to 040+ E. 0
nd
6t., )eno, NV
*9+,0 1or a $etit =arcen!. 5"on m! arri;al 2 met Bith 8sset $rotection 8ssociate -homas
.rontino, Bhom made a citiEens arrest 1or $etit =arcen!. .rontino Bas in "ossession o1 the stolen
items.O .rontinoFs testimon! at trial, hoBe;er, clearl! indicated he had onl! asDed Coughlin to
meet Bith him, not that .rontino had Nimmediatel!O made a NcitiEenFs arrestO right a1ter the
commission o1 the alleged crime. .urther, i1 .rontino had made such a NcitiEenFs arrestO and NBas
in "ossession o1 the stolen itemsO, then Bh! did it taDe 1i;e minutes o1 interrogation A! the )62C
%11icers and a "at doBn Ae1ore the technical "oint o1 arrest A! CraB1ord, and Bh! did CraB1ord
need to e/"lain his decision to arrest, and conduct a search incident to arrest, and Aasis 1or "roAaAle
cause 1inding to do so, u"on some alleged 1ailure A! Coughlin to "ro;ide his dri;erFs licenseI -he
- 255/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
disco;er! "ro"ounded a month later still did not ha;e an! ?agistrate or 4udicial %11icerFs signature
a""ro;ing the "roAaAle cause 1inding, des"ite the 4* hour requirement that such Ae issued.
3oBe;er, in his N2ncident )e"ortO, made a da! later, )62C %11icer CraB1ord Brites:
N%n 9H9(0, (( at a""ro/imatel! 0 (0( hours, %11icer BraunBorth and 2 Bere
dis"atched to 040+ East 6econd 6treet )eno, N9 *9+,0 1or a re"ort o1 a "etit
larcen!. 5"on our arri;al Be met Bith 7a2>?art 8sset $rotection 8ssociate
-homas .rontino Bho stated, he observed a white male adult, identified as
Zachary Coughlin, walking through the store opening various items and
discarding them in the garbage can. .rontino stated, he also observed
Coughlin eat a candy bar while walking through the store. Coughlin "assed
all "oints o1 sale inside o1 7al>?art and e/ited. Coughlin Bas then detained A!
.rontino 1or "etit larcen!. $lease re1er to .rontinoFs 6tatement 1or 1urther
in1onnation. %11icer BraunBorth asDed Coughlin i1 he had an! Bea"ons on his
"erson and Coughlin stated, he did not. 2 asDed Coughlin i1 2 could ha;e
"ermission to search his "erson 1or Bea"ons. Coughlin ga;e me consent, Aut
stated do not go into m! "ocDets. l searched the outer clothing o1 Coughlin and
1ound no Bea"ons on him. 2 then "roceeded to asD Coughlin questions "ertaining
to issuing him a citation 1or "etit larcen!.
Coughlin hoBe;er, re1used to ansBer m! questions relating to a citation and
Aecame uncoo"erati;e. Coughlin Bas then "laced under arrest 1or "etit larcen!. 2
Aegan m! search incident to arrest on Coughlin and 1ound cough dro"s still
Bra""ed in his "ocDets. .rontino Bas aAle to con1irm the! Bere the same cough
dro"s that came 1rom the o"ened cough dro" Ao/es 1rom inside the store that
Bere un"aid 1or. 8t a""ro/imatel! 00,, hours, 2 trans"orted Coughlin to the
7ashoe Count! Detention .acilit! and AooDed him 1or )eno ?unici"al Code
*.(,.,4, "etit larcen!. 8t a""ro/imatel! 0(00 hours, 2 cleared the incident Bith
no 1urther incidentO
%11icer CraB1ord testi1ied at trial that Coughlin re1used to "ro;ide his dri;erFs license,
hoBe;er, this 2ncident )e"ort merel! mentions Coughlin allegedl! re1using to NansBer m!
questions "ertaining to issuing a citationOI 7h! the remi/ come trial timeI Could it Ae thata
sus"ectFs allegedl! 1ailing to "ro;ide an %11icer a res"onse to his querr! o1 NBhom do !ou BorD
1orO does not quite Custi1! the older N2 had to arrest him under N)6 (7(.(03 Aecause 2 couldnFt Ae
sure o1 his identi1!O a""roach, es"eciall! Bhere the %11icer Bas gi;en the sus"ectFs dri;erFs license,
and ran a NC26 checD on it A! calling his dis"atch, Brote the dri;erFs license numAer doBn on his
- 256/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
contem"oraneous 8rrest )e"ort and Declaration o1 $roAaAle Cause, and Bhere the %11icer is
clearl! seen Aeing handed the dri;erFs license A! Coughlin in the 7al>?art interrogation room
;ideoI 8n! Bh! is it that no other ;ideo e/ists to su""ort an! o1 7al>?art and .rontinoFs
allegation o1 Coughlin consuming this or that or o"ening this or that, or throBing this or that aBa!.
21 this had Aeen a sli" and 1all case !ou can Aet 7al>?art Bould ha;e ;ideos 1rom more angles than
a re"la! o1 a great catch in the 6u"er BoBl, Bith their stores ha;ing literall! hundreds o1 those
ceiling mounted camers e;enl! dis"ersed throught the store and clearl! ;isiAle to all. %h, and,
su"rise, sur"rise, there is no audio on either o1 the 2nterrogation )oom ;ideos "ro;ided A! 7al>
?art, des"ite their loss "re;ention associates carr!ing around recording de;ices throughout the
entire incident, and the )62C 1ailed to "ro;ide an! such recordings as Bell and indicated none
e/ist.
3oB e/actl! Bas .rontino aAle to Ncon1irm the! Bere the same cough dro"s that came 1rom
the o"ened cough dro" Ao/es 1rom inside the storeOI Did these Ncough dro"sF ha;e a serial numAer
attached to themI ?a!Ae the in1erence is that these Ncough dro"sO Bere o1 the t!"e one Bould
1ind in a Ao/ Bith the 5$C that a""ears on Aoth recei"ts in E/hiAit ( the recei"t 1or L(4.70
containing the entries 1or the items allegedl! consumed Bhile sho""ing 1or an! "a!ing 1or the
entries on the recei"t 1or L*3.*0#, hoBe;er, at trial, testimon! Bas the unsu""ortaAle and
disengenous "osition that .rontino DneB the! Bere the e/act Ncough dro"sO that Bere 1ormerl! in
the Ao/es that .rontino had gathered, and not 1rom the Ao/ o1 the same Duract Cough ?elts again,
Aearing the same 5$C# that a""eared on CoughlinFs L*3.*0 recei"t.
=acDing an! real "roAaAle cause to arrest, es"eciall! 1or the alleged misdemeanor not
committed in the %11icerFs "resence, a1ter 7 ".m., see, AeloB, N)6 (7(.(04(#a###, )62C %11icer
CraB1ord, a trainee Aeing o;erseen A! %11icer BraunBorth, Bho could Aarel! rememAer his oBn
- 257/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
name on the Bitness stand at trial, Bas le1t to the duAious at Aest allegation that he had to maDe an
arrest Aecause Coughlin 1ailed to "ro;ide his dri;erFs license this assertion Bas duAious at Aest,
and 1raudulent "olice misconduct done under color o1 state laB Aest, considering this occurred at a
retail "ro"ert! oBned A! the same entit!, the )eno 6"arDs 2ndian Colon!, that oBns and runs the
)62C "olice 1orce, and Bhich "artners Bith and rents to land on Bhich this 7al>?art sits, to its
Ausiness "artner, 7al>?art, considering that the interrogation room ;ideos "ro"ounde A! the Cit!
o1 )eno itsel1, and 1ilmed A! 7al>?art clearl! shoB %11icer CraB1or Aeing handed CoughlinFs
dri;erFs license A! Coughlin and CraB1ordFs Britten re"ort has, in CraB1ordFs oBn handBriting, the
e/act dri;erFs license numAer Aelonging to Coughlin on the Nsus"ects in1ormationO "ortion o1 the
re"ort, in addition to other in1ormation taDen directdl! o11 o1 the dri;erFs license Coughlin "ro;ided
to CraB1ord#. .urther, CoughlinFs attem"ts to oAtain the dis"atch calls and records and an! 9((
calls made A! 7al>?art, Bhere met Bith contradictor! res"onses and oA1uscation. Nonetheless,
u"on in1ormation and Aelie1, such records Bould shoB Bhat the interrogation room ;ideo shoBs,
ie, %11icer CraB1ord using his radio to call into dis"atch and run a checD 1or "riors on Coughlin
utiliEing CoughlinFs dri;ers license numAer. 2ndeed, the NC26 re"orts and records liDel! are
required to shoB Bhen such a re"ort Bas run and A! Bhom, and %11icer CraB1ordFs suAsequent
mincing assertion on the Bitness stand that the 7ashoe Count! 4ail "ro;ided him CoughlinFs
dri;erFs license numAer is not onl! counter to "ri;ac! laBs and 7ashoe Count! 4ail "olic! and
"rocedure, it is also Alatantl! 1alse and a "athetic attem"t to game the s!stem under color o1 state
laB. -o the e/tent that Cit! o1 )eno De"ut! $rosecutor $amela )oAerts, Esq., Bas in "ossession o1
these interrogation room ;ideos and continue to 1acilitate %11icer CraB1ordFs a""arent "erCur!, or,
at least, glaring Nmis>rememAeranceO, it should mitigate an! anger or retaliation made against
Coughlin 1or attachign as an e/hiAit to a "retrial motion the ;arious laB re;ieBs related to
- 258/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"rosecutorial misconduct that 1ormer "rosecutor, )?C 4udge 3oBard, seemed to 1ind so o11ensi;e
and o11"utting.
8 minute A! minute chronolog! re;eals that the L*3.*0 recei"t Bas issued at 0(:(4 on
6e"temAer 9
th
, 0,((. -he L(4.74 recei"t that 7al>?art created to su""ort its ;aluation o1 the items
allegedl! consumed Bhile sho""ing Aut not "aid 1or Bas created some ten minutes later at 0(:04
militar! time, 04 hour clocD#. -he )62C $olice %11icers Cameron CraB1ord and -he time
stam"ing on the tBo 2nterrogation )oom ;ideos "ro;ided A! 7al>?art indicate the interrogation
ran 1rom 0(:(7 to 0(:39. Coughlin "ro;ided )62C %11icer CraB1ord his dri;erFs license at
a""ro/imatel! 0(:03 the ' minute 49 second marD o1 the 2nterrogation )oom ;ideo#. CraB1ords
2ncident )e"ort indicates he trans"orted Coughlin at 00:,, to the 7ashoe Count! 4ail. -he
2nterrogation )oom ;ideos made A! 7al>?art the oneFs Bhere .rontino is seen high 1i;ing a 7al>
?art cohort, and seen gi;ing the )62C o11icers a cdHd;d, des"ite the 1act that later on Aoth 7al>
?artFs .rontino and the )62C %11icers CraB1ord and BraunBorth testi1ied that other than the tBo
2nterrogation )oom ;ideos, no other ;ideos Bere "ro;ided to the )62C $D, nor Bas an! other
rele;ant action caught on ;ideo 1rom that night. 7al>?artFs -homas .rontinoFs 6u""lemental
7itness 6tatement .orm is dated 6e"temAer 9
th
, 0,(( Bith a time o1 00:(3 and lists his N)esidence
8ddressO as 040+ E. 6econd 6t., )eno *9+,0, Bhich is the address gi;en 1or the 7al>?art as Bell,
in ;iolation o1 the 6i/th 8mendment )ight o1 Con1rontation.
7al>?artFs -homas .rontino, =oss $re;ention 8ssociateFs N6u""lemental 7itness
6tatement .orm o1 6e"temAer 9
th
, 0,((, Bith a time com"leted handBritten in as 00:(3 (,:(3
".m.# reads:
N%n ,9H,9(0,(( at aAout *:4+ $? 2 noticed a male customer Bho 2 had
"re;ious encounters Bith Bho Be had 1olloBed 1or sus"icious acti;ities
in the "ast. 8s 2 1olloBed him around the store he made his Ba! AacD and
- 259/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1orth across the store. 3e selected ;arious items such as cand! and cough
medicine and some ;arious other 1ood items. 3e o"ened tBo "acDages o1
cough dro"s and concealed the contents inside his "ocDets. 3e then threB
the "acDaging to the cough dro"s in tBo di11erent garAage cans in the
store. %ne in the cand! aisle and one in the soda aisle.
3e also selected a chocolate Aar Bhich he "roceeded to o"en and eat
throughout the store. 7hen he Bas 1inished sho""ing he Bent to register
(7 and "aid 1or the rest o1 the merchandise that he had selected. 3e did
not hoBe;er maDe an! attem"t to "a! 1or the chocolate Aar and cough
dro"s he had selected. 3e concealed the Bra""er to the cand! in the cart
and co;ered it Bith sanitiEer Bi"es. 3e then e/ited the 1acilit! ;ia the
grocer! doors.
%nce com"letel! outside the 1acilit!, 2 a""roached him Bith 6tanle!
Cunningham and identi1ied m!sel1 as 7al>mart asset "rotection and
in1ormed him that 2 needed him to reenter the 1acilit! so that Be Bould Ae
aAle to com"lete our in;estigation. 3e Bas com"liant at this time and
1olloBed us to the o11ice. 8t this time Aecame non com"liant. -he "olice
arri;ed on scene and tooD o;er the in;estigation. 7hen asDed A! the
o11icers i1 he Bould consent to a "at doBn he com"lied. 8lso a1ter he Bas
"laced under arrest A! the o11icer his Aelongings Bere em"tied 1rom his
"ants "ocDets and Be Bere also aAle to reco;er some o1 the cough dro"s
that he had concealed on his "erson. 3e then Aecame ;er! non>com"liant
Bith the o11icers questioning. 3e Bas arrested and remo;ed 1rom our
1acilit!. 3e Bas also tress"ased at this time 1rom all 7al>?art 1acilities.
Video e;idence Bill also Ae com"iled.O
N)6 (7(.(04(#a##:8rrest A! "eace o11icer or o11icer o1 Drug En1orcement
8dministration.
(. E/ce"t as otherBise "ro;ided in suAsection 3 and N)6 33.,7, and 33.30,,
a "eace o11icer or an o11icer o1 the Drug En1orcement 8dministration designated
A! the 8ttorne! <eneral o1 the 5nited 6tates 1or that "ur"ose ma! maDe an arrest
in oAedience to a Barrant deli;ered to him or her, or ma!, Bithout a Barrant,
arrest a "erson:
a# .or a "uAlic o11ense committed or attem"ted in the o11icerMs "resence.
N)6 (7(.(03 -em"orar! detention A! "eace o11icer o1 "erson sus"ected o1
criminal Aeha;ior or o1 ;iolating conditions o1 "arole or "roAation: =imitations.
(. 8n! "eace o11icer ma! detain an! "erson Bhom the o11icer encounters
under circumstances Bhich reasonaAl! indicate that the "erson has committed, is
committing or is aAout to commit a crime.
3. -he o11icer ma! detain the "erson "ursuant to this section onl! to ascertain
the "ersonMs identit! and the sus"icious circumstances surrounding the "ersonMs
- 260/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"resence aAroad. Any person so detained shall identify himself or herself, but
may not be compelled to answer any other inquiry of any peace officer.
N)6 (7(.(03( 8rrest i1 "roAaAle cause a""ears. 8t an! time a1ter the onset
o1 the detention "ursuant to N)6 (7(.(03, the "erson so detained shall Ae
arrested i1 "roAaAle cause 1or an arrest a""ears. 21, a1ter inquir! into the
circumstances Bhich "rom"ted the detention, no "roAaAle cause 1or arrest
a""ears, such "erson shall Ae released.
N)6 (7(.(03 -em"orar! detention A! "eace o11icer o1 "erson sus"ected o1 criminal
Aeha;ior or o1 ;iolating conditions o1 "arole or "roAation: =imitations.
(. 8n! "eace o11icer ma! detain an! "erson Bhom the o11icer encounters under
circumstances Bhich reasonaAl! indicate that the "erson has committed, is committing or is
aAout to commit a crime.
0. 8n! "eace o11icer ma! detain an! "erson the o11icer encounters under circumstances
Bhich reasonaAl! indicate that the "erson has ;iolated or is ;iolating the conditions o1 the
"ersonMs "arole or "roAation.
3. -he o11icer ma! detain the "erson "ursuant to this section onl! to ascertain the "ersonMs
identit! and the sus"icious circumstances surrounding the "ersonMs "resence aAroad. 8n!
"erson so detained shall identi1! himsel1 or hersel1, Aut ma! not Ae com"elled to ansBer an!
other inquir! o1 an! "eace o11icer.
4. 8 "erson must not Ae detained longer than is reasonaAl! necessar! to e11ect the
"ur"oses o1 this section, and in no e;ent longer than ', minutes. -he detention must not
e/tend Ae!ond the "lace or the immediate ;icinit! o1 the "lace Bhere the detention Bas 1irst
e11ected, unless the "erson is arrested.
8dded to N)6 A! (9'9, +3+: 8 (973, +97: (97+, (0,,: (9*7, ((70: (99+, 0,'*#
N)6 (7(.(03( 8rrest i1 "roAaAle cause a""ears. 8t an! time a1ter the onset o1 the
detention "ursuant to N)6 (7(.(03, the "erson so detained shall Ae arrested i1 "roAaAle cause
1or an arrest a""ears. 21, a1ter inquir! into the circumstances Bhich "rom"ted the detention,
no "roAaAle cause 1or arrest a""ears, such "erson shall Ae released.
7al>?artFs .rontinoFs sBorn Criminal Com"laint, hoBe;er, 1ails to maDe an! indication o1
Cust hoB he DneB or Bh! he Aelie;ed Coughlin ;iolated )?C *.(,.,4,. -o the e/tent that .rontino
Brites, in his oBn hand, that the items NtaDen or carried aBa!O des"ite .rontino, i1 not the ;arious
neBs outlets co;ering this case, actuall! testi1!ing that he NBatched Coughlin consume the chocolate
AarO Bhile sho""ing# included a Nchocolate AarO Bhen the 5$C o1 the recei"t 1or the allegedl! stolen
items, "ro;ided A! 7al>?art, actuall! re;eals that 5$C to Aelong to a N?agnum DouAle Caramel
- 261/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2ce Cream BarO, the Com"laint 1ails to "led Bith the sort o1 s"eci1icit! necessar to sustain a
"rosecution, much less the tem"orar! sus"ension o1 oneFs laB license. 8ttorne!Fs conduct in
continuing to cross>e/amine "olice o11icer a1ter Cudge had ruled that "olice log Bas not admissiAle
Bas not contem"t Bhere attorne! claimed that he Bas tr!ing to im"each BitnessesF memor!, not la!
1oundation 1or admission o1 log, so that his conduct could not Ae said to Ae Bill1ul. 5nited 6tates ;
<io;anelli (99,, C80 N9# *97 .0d (007. )esort to summar! dis"osition o1 criminal contem"t
"roceeding under )ule 40a#, .ederal )ules o1 Criminal $rocedure, is "ermissiAle onl! Bhen e/"ress
requirements o1 rule are met and Bhen there is com"elling reason 1or immediate remed! or Bhen
time is o1 essence. -hus, attorne!Fs con;iction 1or criminal contem"t in "ursuing line o1 questioning
1orAidden A! court Bould Ae re;ersed, since record shoBed that there Bas no com"elling need 1or
immediate remed! "ro;ided A! )ule 40a#, .ederal )ules o1 Criminal $rocedure, and that trial court,
A! its oBn actions, did not consider time to Ae o1 essence: trial court should ha;e oAser;ed GnormalG
"rocedureG o1 notice and hearing, "ro;ided A! )ule 40A#, .ederal )ules o1 Criminal $rocedure. 5.6.
;. ?oschiano, '9+ ..0d 03', (0 .ed. ). E;id. 6er;. (04 7th Cir. (9*0#. 6ee 5nited 6tates ; -urner
(9*7, C8(( 8la# *(0 .0d (++0, Q (4.
N)6 (7(.(,0 Com"laint de1ined: oath or declaration required. -he
com"laint is a Britten statement o1 the essential 1acts constituting the "uAlic
o11ense charged. 2t must Ae made u"on:
(. %ath Ae1ore a magistrate or a notar! "uAlic: or
0. Declaration Bhich is made suACect to the "enalt! 1or "erCur!.
2n his testimon! during the No;emAer 3,
th
, 0,(( trial, -homas .rontino a""arentl!
realiEed that he needed to sa! something to the e11ect that he N"ersonall! BitnessedO Coughlin
NconsumingO the cough dro"s in the store. 6o, -homas .rontino testi1ied, under oath, the he
"ersonall! Bitness Coughlin consuming the cough dro"s throughout the store N3e o"ened tBo
- 262/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"acDages o1 cough dro"s and concealed the contents inside his "ocDets...O#. 3oBe;er, in his
6u""lemental 7itness 6tatement .orm, .rontino does not sa! that. -here is no mention o1 seeing
Coughlin consume an! cough dro"s throughout the store. 2n 1act, at trial, .rontino sli""ed u" and
had to admit that o11icial 7al>?art "olic! "re;ented him 1rom 1olloBing Coughlin into the restroom
Bhile he Bas sho""ing, Bhich Bas un1ortunate, according to .rontino, Aecause he Banted to see i1
Coughlin did an!thing Bith the cough dro"s in the restroom, Aut could not. 8t trial, .rontino decided
it Bould Cust Ae more e/"editious and accom"lish his goals quicDer to sa! that he N"ersonall! e!e
Bitnessed Coughlin consuming the cough dro"s Bhile sho""ingO.
.rontino then goes on to indicate that Coughlin Nalso selected a chocolate Aar Bhich he
"roceeded to o"en and eat throughout the store.O 8t trial .rontino tooD great care to maDe clear that
he N"ersonall! e!e BitnessedO Coughlin select Nthat e/act chocolate AarO 1rom the Ncand! isleO.
.rontino Bas non"lussed Bhen, on cross e/amination, it Bas "ointed out to him that the 5$C 1or the
Nchocolate Aar 1rom the cand! isleO Bas actuall! the 5$C 1or an ice cream Aar 1rom the
re1rigeratedH1roEen 1ood isle.
.rontino then indicates that Coughlin Ndid not hoBe;er maDe an! attem"t to "a! 1or the
chocolate Aar and cough dro"s he had selected.O 3oBe;er, at -rial, .rontino had to admit that he
Bas too 1ar aBa! 1rom Coughlin and the cashier to hear Bhether or not Coughlin made an! attem"t to
"a! 1or either the Nchocolate AarO or the Ncough dro"sO. .rontino Bas sure to attest, under oath, at
trial, that he Bas aAsolutel! sure and com"letel! aAle to tell 1rom his ;antage "oint some
a""ro/imatel! 3, !ards 1rom register (7 Bhere Coughlin "aid 1or the items he selected Bhile
sho""ing to ascertain that none o1 the items the cashier rang u" had the same 5$C as, sa!, the cough
dro"s. 3oBe;er, E/hiAit ( clearl! shoBs that .rontino Bas, NBrongO aAout that gi;en that Aoth the
recei"t 1or L(4.70 and the recei"t 1or L*3.*0 ha;e an entr! 1or the same Duract Cough ?elt Ncough
- 263/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
dro"sO containing (0 loEenges 0 se"arate 1oil sheet Bith ' loEenges on each sheet# Bith 3, mg
De/trometho"han 3Br D&?# in them.
7al>?artFs .rontino then Brites that N3e concealed the Bra""er to the cand! in the cart and
co;ered it Bith sanitiEer Bi"es.O 3oBe;er, .rontino then testi1ied that there Bas aAsolutel! no ;ideo
e;idence su""orting that accusation, des"ite the 1act that the areas around cashiers are t!"icall!
suACect to "articularl! high ;ideo scrutin!. .rontino testi1ied that he re;ieB the ;ideo 1rom all
cameras Bherein Coughlin a""eared in the store that da! and that nothing Bas ca"tured on ;ideo.
.rontino cannot Ae said to ha;e made an arrest Nimmediatel! a1terO the alleged in1raction
occurred Bhere, in his 6u""lemental 7itness 6tatement he Brites: Nin1ormed him that 2 needed him
to reenter the 1acilit! so that Be Bould Ae aAle to com"lete our in;estigation. 3e Bas com"liant at
this time and 1olloBed us to the o11ice. 8t this time Aecame non com"liant. -he "olice arri;ed on
scene and tooD o;er the in;estigation.O
.rontinoFs Britten statement is noticeaAl! de;oid o1 an! assertions concerning the questioning
A! the )62C %11icers and the "roAaAle cause anal!sis and inquir! attendant thereto. .rontino
Fs Britten 6tatement concludes A! noting that N;ideo e;idence Bill also Ae com"iled.O 2ndeed, in the
2nterrogation )oom ;ideo .rontino is seen handing a c;Hd;d to the )62C %11icers.
7ith res"ect to these Duract Cough ?elt Ncough dro"sO... 6o, each "acDage Bould contain
3',mg o1 D&?, Bhich, i1 ingested ra"idl! Bould gi;e oneFs Arain the dissociati;e e11ects attendant
to drinDing an entire large Aottle o1 cough s!ru", hoBe;er, gi;en the 1act that such Duract Cough
?elts are a cand! liDe loEenge that literall! dissol;es in second, the method o1 deli;er! o1 such a
high dosage o1 D&? could "otentiall! result in se;ere inca"acitation and or mental im"airment, o1 a
dissociati;e nature, quite ra"idl!, so much so, that this sort o1 item Bas "ulled 1rom the shel;es
se;eral !ears ago Bhen Zicam originall! manu1acture and distriAuted them. D&? is used in clincial
- 264/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
trials to treat "atients Bith conditions ranging 1rom 1iArom!algia to $-6D, and is included in the
class o1 medications DnoBn as dissociati;es that Cam"ral is in as Bell. Cam"ral acam"rosate# is a
medication "rescriAed to alcoholics that is intended to lessen or curA the N"henomenon o1 cra;ingO
associated Bith alcoholism. 8cam"rosate is thought to staAiliEe the chemical Aalance in the Arain
that Bould otherBise Ae disru"ted A! alcoholism, "ossiAl! A! antagoniEing glutamatergic N>meth!l>
D>as"artate rece"tors and agoniEing gamma>aminoAut!ric acid <8B8# t!"e 8 rece"tors. 7illiams,
63. 0,,+#. G?edications 1or treating alcohol de"endenceG. 8merican .amil! $h!sician 70 9#:
(77+\(7*,. $?2D ('3,,,39. htt":HHBBB.aa1".orgHa1"H0,,+((,(H(77+.html.
htt":HHen.BiDi"edia.orgHBiDiHDe/tromethor"han
NDe/tromethor"han has also 1ound other uses in medicine, ranging 1rom "ain relie1 to "s!chological
a""lications....D&? is also used recreationall!. 7hen e/ceeding laAel>s"eci1ied ma/imum dosages,
de/tromethor"han acts as a dissociati;e hallucinogen. 2ts mechanism o1 action is ;ia multi"le e11ects,
including actions as a nonselecti;e serotonin reu"taDe inhiAitorR3S and a sigma>( rece"torR4SR+S
agonist and the action o1 its maCor metaAolite de/tror"han as an N?D8 rece"tor antagonist,
"roducing e11ects similar to those o1 the controlled suAstances Detamine and "henc!clidine $C$#,R'S
as Bell as the acti;e metaAolite 3>metho/!mor"hinan, Bhich "roduces local anesthetic e11ects in rats
Bith a "otenc! aAo;e de/tror"han Aut AeloB de/tromethor"han itsel1. 3ou, C: -Eeng, 4: Chen, 9:
=in, C: =in, ?: -u, C: 7ang, 4 0,,'#. GDe/tromethor"han, 3>metho/!mor"hinan, and de/tror"han
ha;e local anaesthetic e11ect on sciatic ner;e AlocDade in ratsG. Euro"ean 4ournal o1 $harmacolog!
+44 (>3#: (,\'. D%2:(,.(,('HC.eC"har.0,,'.,'.,(3. $?2D ('*44(,9...5ncom"etiti;e N?D8
rece"tor $C$ site# antagonist...During the (9',s and (97,s, de/tromethor"han Aecame a;ailaAle in
an o;er>the>counter taAlet 1orm A! the Arand name )omilar. 2n (973, )omilar Bas taDen o11 the
shel;es a1ter a Aurst in sales Aecause o1 1requent misuse, and Bas re"laced A! cough s!ru" in an
- 265/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
attem"t to cut doBn on aAuse. 6ee, 7hite, 7illiam. G-he D&? E/"erienceG.
htt":HHBBB.eroBid.orgHchemicalsHd/mH1aqHd/mZe/"erience.shtml. )etrie;ed DecemAer 0(,
0,(,: 84 <iannini. Drugs o1 8Ause>>6econd Edition. =os 8ngeles, $ractice ?anagement
2n1ormation Cor", (997.O# 6ee, also:
htt":HHBBB.us"harmacist.comHcontentHdH1eatureHiH(+,,HcH0*0*0H 4amero, D. -he emerging role o1
N?D8 8ntagonists in $ain ?anagement. +S ,harmacist. 0,((. 4oAson $uAlishing. $osted to
?edsca"e.com on 'H00H0,((.
Coughlin has "ro;ided the 6tate Bar o1 Ne;adaFs Bar Counsel though ?r.6usich and ?r.
PingFs recent 6C) ((7 "etition do not seem to acDnoBledge that, and 1urther misstate a numAer o1
;er! material 1acts, liDe this suddenl! neB allegation that the locDs to CoughlinFs 1ormer laB o11ice
Bere AroDen Bhen Coughlin Bas arrested 1or criminal tres"ass in the quasi Aasement under the
house, a NAasementO Bhich ne;er had an! locDs....Aut in the 6C) ((7 Ping and 6usich maDe it sound
liDe the locDs to the interior o1 the 1ormer home laB o11ice had Aeen AroDen into, Bhich has ne;er
Aeen alleged "re;iousl! or su""orted A! an! 1actual allegations or s"eci1ics#, and his 1ather, Dr.
-imoth! D. Coughlin, ?D, a 1amil! "ractitioner Aased in )eno, NV, Bith a "ractice em"hasis on
addiction medicine and a 1ormer $resident o1 the Ne;ada 3ealth $ro1essionals 8ssistance .oundation
and "ast $resident o1 the Ne;ada 8cadem! o1 .amil! $h!sicians, and ;arious im"aired "h!sicianFs
di;ersion "rograms# Bith a com"lete certi1ied "rescri"tion histor! dating AacD to late 0,,7 Bhich
shoBs that Coughlin did not 1ill his Bu"ro"rionHanti>de"ressant "rescri"tion Aoth in 8"ril 0,,9
Bhen Coughlin, a 1ormer domestic ;iolence unit attorne! 1or legal aid non>"ro1it 7ashoe =egal
6er;ices, and 7=6 "arted Ba!s# and that Coughlin sto""ed 1illing his Bu"ro"rion "rescri"tion in
8ugust 0,((, and that suAsequentl! Coughlin Bas tBice charged Bith "etit larcen! Bithin a "eriod o1
(9 da!s 1irst on 8ugust 0,
th
, 0,(( A! the )eno $olice De"artment, 1or Bhich Coughlin s"ent
- 266/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
roughl! 7 da!s in Cail aBaiting a release on his oBn recogniEance# and against in the matter
under"inning this 1iling, the arrest at 7al>?art on 6e"temAer 9
th
, 0,((. CoughlinFs domestic "artner
o1 1our and hal1 !ears and he "arted Ba!s sometime in 4une 0,(( and Coughlin Aecame aBare o1
se;eral months rent allegedl! Aeing oBn their neurosurgeon landlord, Dr. ?attheB 4. ?erliss, ?D,
sometime in mid>8ugust.
7hile in Cail incident to the 8ugust 0,
th
, 0,(( arrest 1or, essentiall!, "ossession o1 lost or
mislaid i$hone as "etit larcen!, a matter 1or Bhich Coughlin asserts his innocence and 1or Bhich a
;ideo 1o the arrest and e/cul"ator! e;idence has Aeen a;ailaAle all !ear on !outuAe.com# Coughlin
Bas ser;ed Bith a No Cause 6ummar! E;iction Notice 1or his 1ormer home laB o11ice. N)6 4,.0+3
e/"licitl! 1orAids utiliEing summar! e;iction "roceedings against commercial tenants unless the non>
"a!ment o1 rent is alleged and a Non>$a!ment o1 )ent E;iction Notice is ser;ed. =andlord ?erliss,
and his attorne!Fs )ichard 3ill, Esq., and Case! BaDer, Esq., decided to "roceed Bith a No Cause
e;iction Notice rather than Ae required to litigate the haAitaAilit! issues 1or Bhich a "a"er trail e/ists
and 1or Bhich ?erliss 1ailed to address issues related to a"ro"riatel! ser;ed (4 da! notice to cure
haAitaAilit! issues com"laints and other matters.
Coughlin has attended =aB!erFs Concerned 1or =aB!ers since earl! 0,,3 and is acti;e in the
reco;er! communit!, though there has Aeen some di11icult! in straddling the line AetBeen the old
school hard line 88Fers and those in the "s!chiatric communit! Bho recogniEe the danger in sa!, not
treating adult 8D3D Bith an!thing other than a (0 ste" "rogram, and instead 1acing the risD o1 sel1
medicating ;ia aAusing suAstances not necessaril! indicated as a""ro"riate treatment modalities and
outside the setting o1 a trained "ro1essional such as CoughlinFs current "s!chiatrist, Dr. 6uat 9asar,
Bhom tooD o;er CoughlinFs treatment 1rom Dr. ?uCahid )asul, Bhom "assed aBa! in 6e"temAer
0,(,, and Bhom Coughlin has made aBare o1 his ;arious arrests and di11iculties this !ear and Bhom
- 267/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
taDes an acti;e role in seeing that Coughlin continues "rogressing his reco;er! 1rom Bhat has
admittedl! Aeen a disa""ointing and regrettaAle !ear.
Coughlin regularl! recei;es treatment 1rom Dr. 6uat 9asser and has resumed the treatment
modalities that Bere !ielding e11icacious results "rior to the une/"ected mone! trouAles that resulted
in Coughlin not Aeing aAle to a11ord either o1 his medications Aeginning in earl! 8ugust 0,((.
Coughlin, at that time, did maDe se;eral inquiries Bith Ne;ada 8dult ?ental 3ealth N8?36# Aut
one o1 the medications Coughlin taDes Bas not one 1or Bhich N8?36 Bould Ae aAle to "ro;ide
an!thing in the Ba! o1 1inancial hel" gi;en Audget constraints, and the other medication Bas not so
e/"ensi;e such that it seemed all that BorthBhile to go through a someBhat in;asi;e and "ri;ac!
threatening intaDe "rocess at N8?36 rather than to attem"t to continue to "a! out o1 "ocDet 1or that
medication Bhich incidentall! and ine/"licaAle, tri"led in "rice shortl! therea1ter des"ite our
sagging econom! and its long o11 "atent statuts#.
Coughlin maintains his innocence Bith res"ect to the 8ugust 0,
th
, 0,(( "etit larcen! charge
Ni$honeO 1ound on ground A! man, man threatens to throB a "hone he "icDed u" in the ri;er i1
someone doesnFt claim it right aBa!, Coughlin therea1ter attacDed A! a gang o1 sDateAoarders
claiming the i$hone to Ae theirs#, and Bill shortl! 1ace trial in that matter, gi;en the intransigence
dis"la!ed A! the District 8ttorne!Fs %11ice and the ?ental 3ealth Court ;is a ;is some o1 the issue
e/"licated aAo;e and des"ite the 1act that the i$honeFs oBner, a Cor! <oAle, 04, o1 )eno, NV,
recentl! Aattered Coughlin Bith a lit cigarette in a "arDing lot Bhere <oAle had accosted Coughlin,
une/"ectedl!, and des"ite the 1act that a multitude o1 ;ideo e;idence e/ists tending to indicate that
<oAle and his associates lied on numerous occasions to 9(( o"erators and the "olice in order to ha;e
Coughlin arrested Bhere, quite arguaAl!, Coughlin did not commit a crime. 7hile s"ending 7 da!s
in Cail Aeginning 8ugust (9
th
, 0,((, and returning home to an im"ermissiAle summar! e;iction 1rom
- 268/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
his 1ormer home laB o11ice a commercial tenanc! e/"licitl! alloBed under the =ease 8greement in
question# ma! ha;e created a set o1 circumstances maDing it tem"ting to sho"li1t 1ood or necessaries
1rom 7al>?art, Coughlin maintains that he is not guilt! o1 the alleged "etit larcen! 1rom 7al>?art
and is currentl! "ursuing an a""eal o1 the matter Bith the Ne;ada 6u"reme Court in case numAer
','3,.
7ith res"ect to matters Bhich ma! Aring into douAt the ;alidit! o1 the con;iction in the trial
court Cudgment in )?C (( C) 0'*,,: 2n the a""eal to the District Court in C)((>0,'4, 4udge
Elliot utiliEed a ci;il statute in e/cusing the )?C 1rom its 1ailure to 1orBard to the District Court a
co"! o1 the transcri"t o1 the audio recording o1 the trial and to 1orBard such to the District Court
Bithin ten da!s o1 the 1iling o1 the Notice o1 8""eal. .urther, Coughlin made numerous attem"ts to
order such a transcri"t and Bas thBarted in his attem"ts to do so A! the )?CFs e/"ress dictate that
onl! the )?CFs transcri"tionist o1 choice, $am Dongoni, Bould Ae "ermitted to "er1rom the
transcriAing duties, and ?s. Dongoni hung u" the "hone on Coughlin and re1used to "ro;ide
in1ormation related to Bhere and in Bhat method o1 "a!ment Coughlin could "a! 1or the transcri"t
and assure its "roduction. .urther, the )?C re1used to timel! "ro;ide Coughlin a co"! o1 the audio
recording o1 the trial until Bell a1ter the deadline 1or 1iling tolling motions or a Notice o1 8""eal had
"assed, and 1urther, the )?C 1ailed to notate in the certi1ied docDet Bhich is not a;ailaAle to
litigants during these matters, and attem"ts A! Coughlin to so oAtain such a docDet has resulted in the
Cit! o1 )eno ?arshals threatening Coughlin and 1orcing him to lea;e the courthouse and Briting
disengenous letters to Bar Counsel. -he )?C ?arshals Bere also in;ol;ed in a scenario Bherein
CoughlinFs smart"hone Bas NAooDed into e;idenceO 1or 37 da!s and returned Bith all the data
"re;iousl! on it Bi"ed clean, Bith the interim seeing ;arious contradictor! statements regarding the
chain o1 custod! o1 the "hone and data thereon AetBeen the )?C, 7C6%, and Cit! o1 )eno
- 269/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
?arshals, and 7ashoe Count! District 8ttorne!Fs %11ice# incident to a 1i;e da! incarceration o1
Coughlin, stemming 1rom a summar! contem"t committed in the "resence o1 the Court in a traffic
;iolation -rial, (( -) 0'*,, 3 mo;ing ;iolations Bere issued to Coughlin u"on Coughlin Aeing told
A! the )eno $D to lea;e the o11ice o1 o""osing counsel in the e;iction 1rom his 1ormer laB o11ice
)ichard <. 3ill, Esq., o""osing counsel to Bar Counsel Ping recentl! in the ?ilsner ; Carstar"hen
decision o1 this Court issued in ?arch 0,(0, and Bhom 1iled a grie;ance Bith Bar Counsel in a letter
to Ping dated .eAruar! (4
th
, 0,(0 Bherein 3ill details an arrest o1 Coughlin that had not "roceeded
to trial, much less a con;iction 1or Bhich Coughlin Bould Ae required to re"ort under 6C) (((, and
in Bhich 3ill maDes Aaseless accusations o1 NghostBritingO A! Coughlin 1or one 1or Bhom Coughlin
Bas listed as attorne! o1 record. .urther, the recent, and e/tremel! "reCudicial and inaccurate
con1idential 6C) ((7 DisaAilit! $etition A! Bar Counsel and or ?r. 6usich is seemingl! largel!
criAAed 1rom 3illFs ?otion 1or 8ttorne!Fs .ees incident to the a""eal o1 the summar! e;iction 1rom
CoughlinFs 1ormer home laB o11ice a NBrong site surger!O o1 the courtroom ;ariet! 3ill litigated on
Aehal1 o1 his Cali1ornian Be;erl! 3ills neurosurgeon client, Bherein 3ill "roceeded Bith a summar!
e;iction against a commercial tenant Bhere the non>"a!ment o1 rent Bas not alleged nor Bas an!
e;iction notice "ro;ided other than a No Cause E;iction Notice#. 2n that ?otion 1or 8ttorne!Fs .ees,
3ill somehoB attem"ts to at once claim CoughlinFs 1ilings in the a""eal in CV((>,3'0* Bere at once
so Aaseless as to Ae sanctionaAle, !et, also, at the same time, a""arentl! Bell 1ounded enough to
require 3ill to run u" some L43,,,, in attorne!Fs 1ees charged to ?erliss 1or the "eriod o1 time
1olloBing the No;emAer 3, 0,(( 1iling o1 a Notice o1 8""eal o1 the %rder o1 6ummar! E;iction in
)4C 0,((>,,(7,*#, on to" o1 the L0,,,,, in attorne!Fs 1ees 3ill and BaDer sought to reco;er
NmistaDenl!O citing to an attorne!Fs 1ees in a landlord tenant conte/t statute related onl! to situations
Bhere a tenant Bas manu1acturing controlled suAstances at the rental, rather than admitting that N)6
- 270/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'9.,3, 1orAid 3ill and BaDer 1rom getting attorne!Fs 1ees in a landlord tenant trial court matter, much
less a summar! e;iction, much less L0,,,,, Borth o1 them#. Bar Counsel Ping dis"la!ed a
"articularl! trouAling resistance to countenancing an! o1 the grie;ances against other attorne!s
Coughlin then asserted, !et stead1astl! continued to de;ote Bar resources to addressing )ichard <.
3ill, Esq.Fs duAious Aasis 1or 1iling multi"le grie;ances against Coughlin, contriAuting one o1 the legs
to a 1our "art quadru"le Ceo"ard! a""roach 3ill tooD, Bherein 3ill 1iled ?otion 1or %rders to 6hoB
Cause Ae1ore 4udge 61erraEEa in the -rial Court, Ae1ore 4udge .lanagan on 8""eal, 1iled a -)% Bith
4udge 6chroeder in 4ustice Court, and had Coughlin arrested 1or Ca!BalDing and criminal tres"ass
the tres"ass arrest on No;emAer (0
th
, 0,(( resulted in the resetting o1 the -rial in the )?C case
resulting in the "etit larcen! con;iction in;ol;ed in the 6C) ((( Bar Counsel $etition Bhere
Coughlin Bas not told to lea;e or NBarnedO to lea;e the 1ormer home laB o11ice and Bhere the
7ashoe Count! 6heri11Fs %11ice lied in a sBorn Britten a11ida;it in attesting to ha;e N"ersonall!
ser;edO Coughlin the %rder o1 6ummar! E;iction De"ut! ?achem, No;emAer 7
th
, 0,(( 811ida;it
on 1ile# onl! to later ha;e 7C6% 6u"er;isor =iE 6tuchell admit that her o11ice considers it N"ersonal
ser;iceO 1or De"ut! ?achem to ta"e a document to oneFs door Bhen the! are not home. N)6 4,.0+3
requires either "ersonal or constructi;e ser;ice.
N-he court ma! thereu"on issue an order directing the sheri11 or constaAle o1 the count! to
remo;e the tenant Bithin 04 hours a1ter recei"t o1 the order...O is ina""licaAle to this situation, Bhere
an %rder <ranting 6ummar! E;iction Bas signed A! %ctoAer 07th, 0,((. -hat language is onl!
1ound in situations ina""licaAle to the current one. N)6 4,.0+33#A#0#, and N)6 4,.0+3+#a# are
the onl! sections o1 N)6 4, Bhere this NBithin 04 hoursO language occurs, and those situations onl!
a""l! Bhere, in:
4,.0+33#A#0#: N 3. 8 notice ser;ed "ursuant to suAsection ( or 0 must: ...A# 8d;ise
- 271/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the tenant: [. 0# -hat i1 the court determines that the tenant is guilt! o1 an unlaB1ul
detainer, the court ma! issue a summar! order 1or remo;al o1 the tenant or an order
"ro;iding 1or the nonadmittance o1 the tenant, directing the sheri11 or constaAle o1 the
count! to remo;e the tenant Bithin 04 hours a1ter recei"t o1 the orderO
and,
4,.0+3+#a#: N+. 5"on noncom"liance Bith the notice: a# -he landlord or the
landlordMs agent ma! a""l! A! a11ida;it o1 com"laint 1or e;iction to the Custice court
o1 the toBnshi" in Bhich the dBelling, a"artment, moAile home or commercial
"remises are located or to the district court o1 the count! in Bhich the dBelling,
a"artment, moAile home or commercial "remises are located, Bhiche;er has
Curisdiction o;er the matter. -he court ma! thereu"on issue an order directing the
sheri11 or constaAle o1 the count! to remo;e the tenant Bithin 04 hours a1ter recei"t o1
the order.O
-he Ba! these summar! e;iction orders are Aeing carried out and Nser;edO in 7ashoe Count!
"resentl! shocDs the conscience and ;iolates Ne;ada laB. -here is not Aasis 1or e11ectuating a
locDout the Ba! 7C6%Fs De"ut! ?achem did in the case o1 the undersignedFs 1ormer home laB
o11ice. -he aAo;e tBo sections containing the NBithin 04 hours o1 recei"tO language are ina""licaAle,
as those situations do not in;oDe the "resent circumstances, Bhere the -enant did 1ile an 811ida;it
and did contest this matter to a degree not o1ten seen. -o require Ne;adaFs tenants to get u" and get
out NBithin 04 hoursO o1 Nrecei"t o1 the orderO Bhat does that e;en meanI -he use o1 terms liDe
NrenditionO, NrenderedO, Nnotice o1 entr!O, N"ronouncedO, is aAsent here, and this Nrecei"t o1 the
orderO language is something rarel! 1ound elseBhere in Ne;ada laB>see attached D?V statutor!
citations, and in em"lo!ment laB litigation Bhere one must 1ile a Com"laint Bithin 9, da!s o1
Nrecei"tO o1 a )ight -o 6ue =etter, a situation Bhich 1olloBs N)C$ +A#, and N)C$ 'e# in im"uting
recei"t o1 such a letter, Bhen actual recei"t is not shoBn, A! a""l!ing a Nconstructi;e noticeO
standard that relies u"on the da!s 1or mailing e/tension o1 time 1or items ser;ed in the mailing, etc.#.
2n 8Araham ;. 7oods 3ole %ceanogra"hic 2nstitute, ++3 ..3d ((4 (st Cir. 0,,9#, the record did not
re1lect Bhen the "lainti11 recei;ed his right>to>sue letter. -he letter Bas issued on No;emAer 04,
0,,'. -he court calculated that the 9,>da! "eriod commenced on No;emAer 3,, 0,,', Aased on three
da!s 1or mailing a1ter e/cluding 6aturda!s and 6unda!s. 2n order to Aring a claim under either -itle
V22 or the 8D8, a "lainti11 must e/haust administrati;e remedies and sue Bithin 9, da!s o1 recei"t o1
a right to sue letter. 6ee 40 5.6.C. Q 0,,,e>+1#(#. 6ee BaldBin Count! 7elcome Center ;. BroBn,
4'' 5.6. (47, (4* n.(, (,4 6.Ct. (703, *, =.Ed.0d (9' (9*4#granting "lainti11 an additional three
da!s 1or mailing "ursuant to )ule '#.
7ith res"ect to an! mention o1 N04 hoursO and the a""licaAilit! o1 the 4C)C$ to cases liDe
these, N)6 4,.4,, )ules o1 "ractice, holds that :O-he "ro;isions o1 N)6, Ne;ada )ules o1 Ci;il
$rocedure and Ne;ada )ules o1 8""ellate $rocedure relati;e to ci;il actions, a""eals and neB trials,
so 1ar as the! are not inconsistent Bith the "ro;isions o1 N)6 4,.00, to 4,.40,, inclusi;e, a""l! to
the "roceedings mentioned in those sections. 8s such N)C$ 'a#,e# a""lies to the %rder o1
6ummar! E;iction that 7C6% De"ut! ?achem alleged, under "enalt! o1 "erCur!, that he
G"ersonall! ser;edG u"on me on No;emAer (, 0,((.
5a%er lied and &iolated :9C+ 11 in his :C&ember 21st, 2011 Cpposition #here he alleged the 9+2
identified themsel&es as la# enforcement and issued a la#ful order for Coughlin to emerge from the
BbasementB or lea&e the property:
- 272/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BE;en though he had a BeeD to do so, Coughlin did not remo;e his "ersonal
Aelongings 1rom the "ro"ert! "rior to the locDout. 2n 1act, he did not e;en remo;e himsel1
1rom the "ro"ert!. 5nAeDnoBnst to ?erliss or his counsel, Coughlin continued to li;e in
the Aasement o1 the "ro"ert! until he Bas disco;ered squatting there on No;emAer (3. 0,((
> nearl! tBo BeeDs a1ter he Bas legall! locDed out. Coughlin had Aarricaded himsel1, his
dog, and some o1 his "resumaAl! more cherished "ossessions in the Aasement. When
Coughlin refused to emerge from the basement after being ordered to do so by the police,
Merliss was forced to kick down the door to gain access to his own property. Coughlin was
arrested and charged with trespassing. Due to CoughlinFs criminal acti;ities, the securit!
o1the house Bas com"romised. 8s a result, ?erliss Bas 1orced to incur costs in the amount
o1 L(,,',.,, to secure the "ro"ert! in order to "rotect it and CoughlinFs Aelongings. 8 true
and correct co"! o1 the Aill 1rom the contractor is attached hereto as E&32B2- 0.G
BaDers N)C$ (( ;iolation in his 1iling o1 No;emAer 0,th, 0,(( in )4C )e;0,((>,,(7,* occurs at "ages (>3, Bhere he
attem"ts to mislead the triAunal in suggesting that Coughin 1ailed to coo"erate in setting a 3earing on the ?otion to
Contest $ersonal $ro"ert! =ien, e;en Bhere Coughlin res"onded to 3illFs then email in1orming him o1 such a hearing, A!
Coughlin emailing 3ill G)ich, !ou are aBare the 1iles can Ae on hard dri;eFs, rightIG in res"onse to 32llFs email o1 a
3earing Coughlin suAsequentl! re;oDed and had made e/"ress "re;iousl! Britten indication that no such acce"tance o1
such electronic ser;ice or notice Bould Ae a;ailing res"ecting communications Bith Coughlin, and 32ll Bas added to
CoughlinFs GAlocDed sender listG on CoughlinFs 3otmail account, as such, Coughlin did not recei;e 3illFs emails 1rom
%ctoAer an! im"licit authorit! 3ill ma! assert to "ro;ide Coughlin notice ;ia electronic means, and therein is ;itiated an!
o1 3illFs testimon! at the tres"ass trial that the GBarningG against tres"ass Bas rela!ed in 3illFs ;arious attem"ts at
emailing Coughlin during the 1irst 1eB BeeDs o1 No;emAer, including the "eriod Bhere BaDer Bas on ;acation and
somethings a""ear to ha;e sli""ed through the cracDs at the 3ill laB 1irm res"ecting noti1!ing Coughlin in an acce"ted
means o1 ser;ice#. Coughlin did not recei;e an! emails 1rom 3illFs rhill]richardhillaB.com address AetBeen 3illFs email
o1 8ugust ('th, 0,(( and No;emAer (*th, 0,((, this Coughlin sBears "ursuant to N)6 +3.,4+ under "enalt! o1 "erCur!:
.rom: Zach Coughlin Rmailto:Eachcoughlin]hotmail.comS
6ent: ?onda!, No;emAer 0(, 0,(( 3:(+ $?
-o: rhill]richardhillaB.com
6uACect: )E: )i;er rocD
)ich, !ou are aBare that G1ilesG can include things on hard dri;es, rightI
Zach Coughlin, Esq.
(0( )i;er )ocD 6t.
)eno, NV *9+,(
77+ 33* *((*
=icensed in Ne;ada
b .rom: rhill]richardhillaB.com
b -o: Eachcoughlin]hotmail.com
b 6uACect: )i;er rocD
b Date: ?on, 0( No; 0,(( (4:+3:,3 >,*,,
b
b ?r coughlin >this con1irms a ;oicemail le1t 1or !ou
b 2 noB ha;e !our dri;ers license W Bhat 2 thinD are !our client 1iles.
b DonFt DnoB, didnFt looD that closel! > !our "ri;ac! W all.
b
b 7ill release them to !ou at the hearing tomorroB.
b $lease con1irm that the hearing is on calendar
b
b )ghG
- 273/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Coughlin a""eared at the )4C 1or the 3earing he Bas noticed on 1or No;emAer 00nd, 0,(( "ursuant to the
No;emAer ('th, 0,(( 1iling A! Coughlin o1 the ?otion to Contest $ersonal $ro"ert! lien in )4C )EV0,((>,,(7,*. 3ill
1ailed to a""eared. .urther, 3ill continued to lie aAout his Go11ering to "ro;ide CoughlinG his client 1iles, including those
1iles on CoughlinFs hard dri;es. .urther, at least one o1 CoughlinFs hard dri;es, u"on their 1inall! Aeing returned to
Coughlin on DecemAer 00nd, 0,(( Bith one o1 the e/"ensi;e la"to" screens com"letel! cracDed...# indicated a ;ideo
card dri;er Bas loaded to the hard dri;e, including one on DecemAer 'th, 0,((, during the "eriod 1rom CoughlinFs arrest
o1 No;emAer (3th, 0,(( to 3illFs and BaDerFs 1inall! returning CoughlinFs clientFs 1iles and hard dri;es to him on
DecemAer 00nd, 0,(( unless !ou count the instance Bhere 3ill "la!1ull! set doBn a Aag o1 trash and indicated to
Coughlin Ghere is !our clientFs 1ilesG at the time Bhen 3ill finally returned CoughlinFs state issued dri;erFs license one 1ull
BeeD a1ter Coughlin had demanded it, on No;emAer 00nd, 0,((, something that 3ill lied to the courts and the "olice
aAout his Billingness to do so u" to that time aAsent a coerci;e demand that Coughlin sign aBa! his rights, including
those to his damage de"osit. .urther 3ill ;iolated Ne;ada laB in "lacing demands u"on Coughlin that Coughlin remo;e
his "ro"ert! in the e/act manner and order that 32ll demanded 3ill required Coughlin to a""ear Bith certain ;ehicles and
a GcreBG o1 mo;ers, and insisted Coughlin must remo;e all the "ro"ert! on the 1ormer home laB o11iceFs e/terior "rior to
Coughlin Aeing alloBed to Gcherr! "icDG the items Bithin that Bere o1 the most ;alue, requirements 1or Bhich there e/ists
no su""ort in Ne;ada laB 1or 3ill to maDe, including Bithin N)6 ((*8.4',, all to the detriment o1 CoughlinFs clientFs
concerns and the re"utation o1 the Bar in Ne;ada and Ae!ond. -he )4C ne;er needed CoughlinFs "ermission "re;iousl!
to set 3earings, including the one on No;emAer 7th, 0,(( that Coughlin Bas ser;ed an im"rom"tu notice o1 Bhile he Bas
at the 1iling o11ice on No;emAer 3rd, 0,((, nor did the )4C need CoughlinFs "ermission to to set the %ctoAer (3th, 0,((
summar! e;iction "roceeding date, the %ctoAer 0+th, 0,(( G-rialG, or the DecemAer 0,th, 0,(( 3earing date.
.urther recDless and lacDing in 1oundation mentions o1 GAreaDing intoG the 1ormer laB o11ice and GAroDen locDsG des"ite
the 1act that no 1actual su""ort e/ists 1or such an allegation, there Bere no GAroDen locDsG e;er mentioned A! an!one and
i1 3ill is Billing to maDe u" 1inding a GAag o1 Beed and cracD "i"eG along Bith descriAing Bhat 3illFs oBn ;ideos shoB to
Ae ;itamins as a Glarge quantit! o1 "illsG, then !ou DnoB )ichard <. 3ill, Esq. Bould ha;e Aeen all o;er an! GAroDen
locDsG at the 1ormer home laB o11ice, !et, there sim"l! Bere none, not that that Bould sto" $at Ping or 4. -homas 6usich
1rom coAAling together such an allegation in the 6C) ((7 $etition in ',97+# along Bith something aAout Coughlin Aeing
suACect to a custodial arrest 1or GCa!BalDingG A! the )eno $olice De"artment Bhile Coughlin Bas 1ilming )ichard <. 3ill,
Esq.Fs contractorFs creB loading u" a dum" trucD Bith items o1 "ersonal "ro"ert! then located in CoughlinFs 1ormer home
laB o11ice the arrest occurred shortl! a1ter Coughlin disco;ered that 3illFs contractor, $hil 6teBart, had used CoughlinFs
oBn distincti;e "l!Bood to GsecureG or GAoard u" the "ro"ert!G in DecemAer 0,((, 1or Bhich the landlord Bas ultimatel!
aBarded costs, L(,,', o1 Bhich Bere Aased u"on 6teBartFs in;oice 1or Gsecuring the "ro"ert!G, Bhich included the cost o1
"l!Bood, and G1i/ing a leaD in the AasementG des"ite N)6 ((*8.4', onl! alloBing costs 1or Gmo;ing, storing, and
in;entor!ingG a tenantFs "ersonal "ro"ert!#, Bhich Coughlin Bas unaAle to remo;e during the scant (3 hours he Bas
a11orded to do so A! the )eno 4ustice CourtFs %rder 1olloBing a 3earing on CoughlinFs No;emAer ('th, 0,(( ?otion to
Contest $ersonal $ro"ert! =ien the 3earing Bas not set or conducted Bith the G(, da!sG required A! N)6 4,.0+37#>*#
Aecause )ichard <. 3ill, Esq. needed to go on a si/>BeeD ;acation shortl! a1ter CoughlinFs No;emAer ('th, 0,(( 1iling
in a matter noB on a""eal in 6C) ',33( and '(*3*, Bherein, somehoB, a commercial tenant, Coughlin Bhom Bas
Aoth running a laB "ractice and Coughlin ?emor! .oam, a 1oam mattress Ausiness 1rom his home, Bhich Bas "re;iousl!
utiliEed 1or commercial "ur"oses A! a drug and alcohol rehaAilitation counseling Ausiness and is Eone 1or mi/ed use
"ur"oses# Bas summaril! e;icted Aased u"on a No Cause E;iction Notice onl! ie, the non>"a!ment o1 rent Bas neither
noticed, "led, nor argued A! the landlord# des"ite the clear dictate against the use o1 summar! e;iction "roceedings
against commercial tenants not Aased u"on the non>"a!ment o1 rent Bench BooD stu11# set 1orth in N)6 4,.0+3. -he
DecemAer 0(st, 0,(( %rder G)esol;ingG CoughlinFs ?otion to Contest $ersonal $ro"ert! =ien actuall! required Coughlin
to "a! the e/act same amount o1 rent 1or (7 da!s No;emAer ( to No;emAer (7th, 0,((#, L4*, ie, "ro>rated 1rom the
L9,, "er month rental agreement# as Coughlin Bould ha;e under a G1air rental ;alueG, 1or the G1ull use and occu"anc! o1
the "remisesG des"ite the 1act that 3ill somehoB signed a Criminal Com"laint 1or -res"ass 8gainst Coughlin, on
No;emAer (3th, 0,(( des"ite an! 6ummar! E;iction %rder not Aeing ser;ed in accordance Bith N)6 4,.4,, and
there1ore N)C$ + and 'e# ;is a ;is the GBithin 04 hoursG o1 Grecei"tG o1 the locDout order, and, there1ore, an! such
locDout that had occured Aeing rendered a nullit! or "ursuant to a ;oid %rder# and Bhere the 7ashoe Count! 6heri11Fs
%11ice Ci;il $rocess 6er;ice 6u"er;isor =iE 6tuchell has admitted in Briting that the 811ida;it o1 6er;ice 1iled No;emAer
7th, 0,(( A! De"ut! ?achen, attesting to ha;ing G"ersonall! ser;edG the 6ummar! E;iction %rder on No;emAer (st,
0,((, Bas, in 1act, "ur"ortedl! merel! "osted to the door o1 CoughlinFs 1ormer laB o11ice Bhile Coughlin Bas not home,
- 274/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
at Bhich "oint a 6oldal ;. CooD Count! ;iolating illegal locDout occurred. 2n a .eAruar! 7th, 0,(0 Britten
corres"ondence to Coughlin, 6tuchell Brote: G?r. Coughlin, %ur records indicate that the e;iction conducted on that da!
Bas "ersonall! ser;ed A! De"ut! ?achen A! "osting a co"! o1 the %rder to the residence. -he residence Bas unoccu"ied
at the time. =iE 6tuchell, 6u"er;isor 7C6% Ci;il 6ectionG. -he te/t o1 N)6 4,.0+3 s"eaDs to ser;ice o1 =ocDout %rders:
N-he court ma! thereu"on issue an order directing the sheri11 or constaAle o1 the count! to remo;e the tenant Bithin 04
hours a1ter recei"t o1 the order...O is ina""licaAle to this situation, Bhere an %rder <ranting 6ummar! E;iction Bas
signed A! %ctoAer 07th, 0,(( though not mailed to Coughlin until a1ter the No;emAer (, 0,(( locDout had allegedl!
alread! occured#. -hat language is onl! 1ound in situations ina""licaAle to the one incident that in the summar! e;iction
1rom CoughlinFs 1ormer home laB o11ice. N)6 4,.0+33#A#0#, and N)6 4,.0+3+#a# are the onl! sections o1 N)6 4,
Bhere this NBithin 04 hoursO language occurs, and those situations onl! a""l! Bhere, in: 4,.0+33#A#0#: N 3. 8 notice
ser;ed "ursuant to suAsection ( or 0 must: ...A# 8d;ise the tenant: [. 0# -hat i1 the court determines that the tenant is
guilt! o1 an unlaB1ul detainer, the court ma! issue a summar! order 1or remo;al o1 the tenant or an order "ro;iding 1or
the nonadmittance o1 the tenant, directing the sheri11 or constaAle o1 the count! to remo;e the tenant Bithin 04 hours a1ter
recei"t o1 the orderO and, 4,.0+3+#a#: N+. 5"on noncom"liance Bith the notice: a# -he landlord or the landlordMs agent
ma! a""l! A! a11ida;it o1 com"laint 1or e;iction to the Custice court o1 the toBnshi" in Bhich the dBelling, a"artment,
moAile home or commercial "remises are located or to the district court o1 the count! in Bhich the dBelling, a"artment,
moAile home or commercial "remises are located, Bhiche;er has Curisdiction o;er the matter. -he court ma! thereu"on
issue an order directing the sheri11 or constaAle remo;e the tenant Bithin 04 hours a1ter recei"t o1 the order.O -he Ba!
these summar! e;iction "roceedings are Aeing carried out in )eno 4ustice Court "resentl! shocDs the conscience and
;iolates Ne;ada laB. -here is not Aasis 1or e11ectuating a locDout the Ba! 7C6%Fs De"ut! ?achem did in this case. -he
requirements attendant to ser;ing 6ummar! E;iction %rders and conducting locDouts are 1ound in N)6 4,.0+3 in tBo
sections containing the NBithin 04 hours o1 recei"tO language are ina""licaAle, as those situations do not in;oDe the
"resent circumstances, Bhere the -enant did 1ile an 811ida;it and did contest this matter to a degree not o1ten seen. -o
require Ne;adaFs tenants to get u" and get out NBithin 04 hoursO o1 Nrecei"t o1 the orderO Bhat does that e;en meanI -he
use o1 terms liDe NrenditionO, NrenderedO, Nnotice o1 entr!O, N"ronouncedO, is aAsent here, and this Nrecei"t o1 the orderO
language is something rarel! 1ound elseBhere in Ne;ada laB>see attached D?V statutor! citations, and in em"lo!ment
laB litigations Bhere one must 1ile a Com"laint Bithin 9, da!s o1 Nrecei"tO o1 a )ight -o 6ue =etter, a situation Bhich
1olloBs N)C$ +A#, and N)C$ 'e# in im"uting recei"t o1 such a letter, Bhen actual recei"t is not shoBn, A! a""l!ing a
Nconstructi;e noticeO standard that relies u"on the da!s 1or mailing e/tension o1 time 1or items ser;ed in the mailing,
etc.#. 2n 8Araham ;. 7oods 3ole %ceanogra"hic 2nstitute, ++3 ..3d ((4 (st Cir. 0,,9#, the record did not re1lect Bhen
the "lainti11 recei;ed his right>to>sue letter. -he letter Bas issued on No;emAer 04, 0,,'. -he court calculated that the
9,>da! "eriod commenced on No;emAer 3,, 0,,', Aased on three da!s 1or mailing a1ter e/cluding 6aturda!s and
6unda!s. 2n order to Aring a claim under either -itle V22 or the 8D8, a "lainti11 must e/haust administrati;e remedies
and sue Bithin 9, da!s o1 recei"t o1 a right to sue letter. 6ee 40 5.6.C. Q 0,,,e>+1#(#. 6ee BaldBin Count! 7elcome
Center ;. BroBn, 4'' 5.6. (47, (4* n.(, (,4 6.Ct. (703, *, =.Ed.0d (9' (9*4# granting "lainti11 an additional three
da!s 1or mailing "ursuant to )ule '#....O .urther, as seen in the 8n;ui case, there is some argument res"ecting not
e11ecting a locDout 1or at least + da!s Bhere a lease has not e/"ired A! its terms, as CoughlinFs arguaAl! had not.
3oBe;er, in his 4anuar! 0,th, 0,(0 6econd ?otion 1or %rder to 6hoB Cause, )ichard <. 3ill, Esq. did not get all
Aogged doBn in legal research and stu11, instead he Cust "ointed out: G.8C-6 63%72N< C%N-E?$- %. C%5)- '.
E&32B2- ( the 6ummar! E;iction =ocDout %rder# Bas ser;ed on Coughlin on No;emAer (, 0,(( A! the 7ashoe
Count! 6heri11s De"artment in its customar! manner, A! "osting same on the 1ront door o1 the "ro"ert! in the manner
customar! 1or e;ictions in 7ashoe Count!. -he locDs to the "remises Bere changed at that time, thereA! eCecting and
dis"ossessing Coughlin o1 "ossession o1 the $ro"ert!.G 3ill Bent on to lie again in that 4anuar! 0,th, 0,(0 ?otion Bhen
he equated his o11er to let Coughlin get some o1 the "ersonalt! Coughlin Bas unaAle to remo;e, due largel! to 3ill 1ailing
to remo;e the chain linD "adlocD 1rom the AacD!ard gate that 3ill had onl! Cust installed in time 1or the (3 hours
Coughlin had to remo;e his "ro"ert! in e/change 1or Coughlin Bai;ing his rights to the L7,, damage de"osit Coughlin
"ro;ided u"on mo;ing in, Bhere 3ill s"ins it: G(0. %n .rida!, DecemAer 03, 0,((, Coughlin had a creB o1 hel"ers, and
made "rogress. Nonetheless, Coughlin 1ailed to remo;e all o1 his Aelongings 1rom the $ro"ert!. Coughlin 1ailed to
remo;e his things des"ite ha;ing Aeen gi;en additional time to do so a1ter i the time set A! the )eno 4ustice Court in its
order o1 DecemAer 0(, 0,(( E&32B2- 0# had e/"ired.G 8""arentl!, to 3ill, at least one has G 1ailed to remo;e all o1 his
Aelongings 1rom the $ro"ert!. Coughlin 1ailed to remo;e his things des"ite ha;ing Aeen gi;en additional time to do soG
Bhere 3ill threatens to ha;e one arrested 1or criminal tres"ass or larcen! o1 their oBn stu11, arguaAl!# i1 one is on the
"ro"ert! one minute "ast + ".m., unless one Bai;es an! right to their damage de"osit Bhich neither 3ill nor the =andlord
e;e did return, nor did the! com"l! Bith the requirement that the! "ro;ide an itemiEed statement indicating an
a""lication thereo1 Custi1!ing such a 1ailure to return such de"osit Bithin 3, da!s....and 3ill does not Bant to get into
Bhether his conduct is ;iolati;e o1 the .DC$8 or Bhether he is licensed a as deAt collector#. 2n that ?otion, 3ill
- 275/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
continued on: G(3. %n DecemAer 3,, 0,((, Coughlin mo;ed this Court 1or a tem"orar! restraining order to "re;ent
?erliss 1rom dis"osing o1 the items he Coughlin# had aAandoned on the $ro"ert!. CoughlinFs motion Bas 1ull! Arie1ed,
and the Court entered its order den!ing the motion on 4anuar! ((, 0,(0. 8 true and correct co"! o1 this CourtFs 4anuar!
((,0,(0 order is attached hereto as E&32B2- 3. (4. %n -hursda!, 4anuar! (0, 0,(0, in accordance Bith E&32B2- 0 and
E&32B2- 3, a licensed contractor hired A! ?erliss Aegan cleaning u" the $ro"ert! and dis"osing o1 the aAandoned items
still remaining there. (+. Earl! that a1ternoon, Bhile the contractor Bas hauling the 1irst o1 se;eral loads o1 aAandoned
"ro"ert! to the trans1er station dum"# 1or dis"osal, Coughlin sto""ed the contractor in tra11ic and attem"ted to "re;ent
him 1rom carr!ing out his tasD. ('. 6"eci1icall!, Coughlin stood in 1ront o1 the contractorFs ;ehicle in an e11ort to "re;ent
him 1rom "roceeding to the trans1er station. Coughlin threatened to sue the contractor. Coughlin climAed u" on the
contractorFs ;ehicle. Coughlin then called the "olice and 1alsel! told them that the contractor had stolen his "ossessions,
and that the contractor had tried to run him o;er. CoughlinFs acts Bere s"eci1icall! calculated to "re;ent the contractor
1rom dis"osing o1 the aAandoned "ro"ert!, and to 1rustrate and inter1ere Bith ?erlissF com"liance Bith this CourtFs
4anuar! ((, 0,(0 order. (7. 7hen ?r. 3ill o1 the undersignedFs o11ice Bas noti1ied o1 the 1oregoing, he Bent to the
trans1er station and "resented E&32B2- 0 and E&32B2- 3 to the "olice. -he contractor Bas then alloBed to "roceed. (*.
3oBe;er, Ae1ore the contractor could return to the )i;er )ocD $ro"ert!, Coughlin Bas there. 3e had his ;ideo camera
and Bas BalDing u" and doBn the street screaming and !elling at the "olice, the contractor, and ?r. 3ill, once ?r. 3ill
arri;ed. 8t the instruction o1 the "olice, ?r. 3ill then oAtained a tem"orar! "rotecti;e order G-$%G# against Coughlin
1rom the )eno 4ustice Court. Coughlin ended u" Aeing arrested and taDen to Cail that da! as a result o1 his antics at the
trans1er station and the $ro"ert!.G
-he thing is, and Coughlin Bould sure liDe to get the 9(( ta"es or, more liDel!, Bith 3ill, an! recordings that ma! e/ist
o1 3ill calling someAod! in "articular he ma! ha;e had in mind Bith the )$D# o1 calls A! Coughlin and i1 7al>?art can
call 9(( o;er a cand! Aar, or a sDater Aoard o;er an i$hone he seems to ha;e set doBn on the concrete ground in
doBntoBn )eno, then sDaterAoarded o11 some (,, !ards aBa! 1or su11icientl! long "eriod o1 time to seem to ha;e Aeen
"rett! much the onl! "erson not to ha;e heard someAod! Bho "icDed it u" threaten to throB it is in the ri;er i1 it Bent
unclaimed can call 9(( and maDe u" a Aunch o1 lies on the s"ot 1or the "ur"ose o1 mani"ulating the "olice into assuages
the sDateAoarders oBn negligence ;is a ;is the i$hone# is it unreasonaAle 1or Coughlin to call 9(( u"on ha""ening, totall!
A! chance, to cross "aths Bith 3illFs contractor Bhile dri;ing, catching site o1 a huge dum" trucD 1ull o1 CoughlinFs
"ersonal "ro"ert! headed toBards the toBn dum"I 3ill admits the %rder den!ing CoughlinFs ?otion 1or a -$% and he!,
1amil! heirlooms are "rett! 1ungiAle, rightI 7ho needs a -$% 1or thatI 8nd its not liDe the landlord could Cust acce"t rent
in the meantime, or that the "ro"ert! still remains unrented to this da!, some (( months a1ter the locDout, and a""arentl!,
some L',,,,, Borth o1 attorne!Fs 1ees "aid to 3ill 1or a tBo Aedroom home that a""raises at around L9,,,,, currentl!, i1
that. 8nd 3illFs 1antastic legal BorD GBrong site surger!G and all# Bas surel! Borth the risD o1 a Brong1ul e;iction
laBsuit and checD out those "otential damages under 7inchell ;. 6chi11, (04 Ne;. 93*, (93 $.3d 94' 0,,*#, not that the
loss o1 a "atent attorne!Fs career could amount to all that much#. )egardless, its not all that coloraAle 1or 3ill to allege
Coughlin Bas ;iolating some %rder entered on 4anuar! ((th, 0,(0 A! CoughlinFs conduct o1 4anuar! (0th, 0,(0 Bhen
N)C$ 'e# "ro;ides that 3 da!s 1or mailing is to Ae accorded to account 1or the ser;ice o1 1ilings, e;en 1ilings
electronicall! ser;ed on registered e1ilers liDe Coughlin. 2ts similar to 3ill Banting a criminal tres"ass arrest Bhere N)C$
'e#Fs three da!s 1or mailing Bhere no "ersonal ser;ice Bas accom"lished A! Ba! o1 N)6 4,.4,,# and 3illFs et al did not
e;en com"l! Bith the constructi;e ser;ice requirements o1 mailing the summar! e;iction locDout order "rior to 3illFs
AreaDing into CoughlinFs 1ormer home laB o11ice on No;emAer (st, 0,((, Bith the hel" o1 the 7C6%, in ;iolation o1
6oldal ;. CooD Count! Bhere Coughlin Bas not accorded the G04 hoursG cushion a1ter CoughlinFs Grecei"tG o1 the locDout
order mentioned in this CourtFs oBn "acDets on the ser;ice o1 =ocDout %rders, Bhich 3ill himsel1 attached as a
suAsequent e/hiAit recentl!...2t gets 1unnier. -he ci;il di;ision o1 the 4ustice Court and the 6heri11Fs %11ice thinD that
Bhole GBithin 04 hoursG language in N)6 4,.0+3 means GBithin 04 hoursG o1 the 6heri11Fs Grecei"tG o1 the %rder 1rom the
4ustice Court...7hile otherFs thinD it is GBithin 04 hoursG o1 the tenantFs recei"t o1 the %rder 1rom the 6heri11...and this
CourtFs o11icial 1orms and instructions seem to im"l! that Gat least 04 hoursG 1rom Grecei"tG o1 the locDout %rder must Ae
accorded to a tenant. 7ho DnoBsI But, it is not clear, as 3ill suggests, that the Gusual custom and "ractice o1 the 7ashoe
Count! 6heri11Fs %11iceG is AlacD letter laB u"on Bhich Bar grie;ances, custodial criminal tres"ass arrests, multi"le
?otion 1or %rder -o 6hoB Cause, tens o1 thousands o1 dollars in attorne!Fs 1ees sanctions against a "ro se a""ellant, etc.
are Barranted. 6omehoB the District Court 1ound a Ba! to sanction Coughlin Bith L4,,,+, Borth o1 attorne!Fs 1ee in that
a""eal o1 the summar! e;iction Bithout holding a single hearing, Bell, other than the 3earing on 3ills %rder to 6hoB
Cause, Bhich Bas denied Bhen Coughlin destro!ed 3illFs contractor $hil 6teBart on cross>e/amination. )eall!, $hilI
)eall!I 9ou could 1ell Ga de"ressionG in !our 0 ton loaded to ca"acit! dum" trucD u"on Coughlin allegedl! GclimAing u"
on itG, though !ou indicated !ou had alread! Galighted 1rom the ;ehicleG, Aut, Bait, !ou could see CoughlinFs head aAo;e
the tailgate Balls in !our rear ;ieB mirror Bhich doesnFt seem to Ae there on an! the man! ;ideos o1 the e;ents o1 that
da!. 8nd e;en i1 such a mirror Bhere "resent on 6teBartFs trucD, that doesnFt reall! e/"lain hoB all the "ersonalt! stacDed
- 276/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
u" so high in the trucD Aed re"lete Bith s"ecialiEed add>on high stacD retaining Balls# BouldnFt oAscure an! "ur"orted
;ieB o1 CoughlinFs head high aAo;e the area aAo;e the s"ecialiEe h!draulic dum" trucDFs tailgate, con1irming 6teBartFs
mere sus"icion that Coughlin climAed on his trucD. Coughlin sBears under oath he did not climA on 6teBartFs trucD. 3ill
needed a little G1actG to s"ice u" his ?otion to 6hoB Cause Cust enough, and GCoughlin climAed u" on the trucDG Bas
GCust the ticDetG, and 6teBart did not mind going along 1or the ride, so long as... 8nd none o1 the man! ;ideos 1rom that
da! actuall! shoB an! o1 the 9osemite 6am cartoon ;illian t!"e Aeha;ior 3ill attriAutes to Coughlin in his Bonder1ull!
imaginati;e ?otion 1or %rder to 6hoB Cause and or 8""lication 1or %rder o1 $rotection concerning the e;ents in;ol;ed
in the Ca!BalDing custodial arrest 3ill had Coughlin suACected to on 4anuar! (0th, 0,(0.
?uch liDe 3illFs contractor, $hil 6teBart, 1lat out l!ing in an a11ida;it Bhen he sBore Coughlin GclimAed u" onG his trucD,
3ill similarl! lied in an a11ida;it aAout Coughlin, a""arentl! Bhile GengragedG maDing G"h!sical contactG Bith 3ill. %n
$age 0 o1 3illFs 811ida;it attach to his ?otion 1or %rder to 6hoB Cause, 4anuar! 0,th, 0,(0, 3ills attests: G+. %n .rida!,
DecemAer 03, 0,((, Be unlocDed the house at 9:,, a.m. as ordered. 7e o;erlooDed the chain on the AacD gate. -here Bas
noAod! at the house Bhen Be Bere there. 8t a""ro/imatel! noon, m! sta11 in1ormed me that an enraged ?r. Coughlin
had called the o11ice screaming that he could not get in the AacD !ard. 7hen 2 1inished the meeting 2 Bas in, 2
immediatel! Bent o;er and unlocDed the AacD gate. Coughlin had a small creB. 3e charged at me and made "h!sical
contact. 3e Bas enraged. 7e le1t. 7hen Be returned at +:,, ".m., ?r. Coughlin Bas screaming and !elling oAscenities.
3e dro;e o11 in a small 5 >3aul. 3is creB remained. 7e BalDed the "ro"ert! Bith them. -he inside .ground 1loor Bas
mostl! cleared o1 all Aut a Aig -V. -he Aasement had Aeen cleared someBhat, Aut there Bas still a lot o1 GCunD. G 7e
could not access the attic. 7e Bent outside. 2 told CoughlinFs creB the! could remo;e an!thing and e;er!thing outside, i1
the! Bould onl! tr! to rehang the gate that ?r. Coughlin had taDen o11 the hinges Ae1ore Be could get o;er to unlocD it. 2
told them 2 Bould locD the gates in the morning.
-hat is reall! interesting. Com"are the aAo;e to the 1olloBing e/cer"t 1rom "age 3 o1 3ills 4anuar! 3rd, 0,(0 %""osition
in CV((>,3'0*, the a""eal o1 the summar! e;iction %rder: G(0. 7hile at the "ro"ert! to remo;e the "adlocD, Coughlin,
on more than one occasion, screamed "ro1anities at ?erlissF counsel, and, at one "oint, charged ?r. 3ill and attem"ted to
"h!sicall! intimidate him. 8t least the audio o1 this incident Bas ca"tured on ta"e. (3. Ne;ertheless, at +:,, ".m. on
.rida!, DecemAer 03,0,((, counsel granted Coughlin and his agents additional, un1ettered, and unlimited access to the
outside o1 the "ro"ert! to remo;e an! remaining items.G 7hereas in his 4anuar! 0,th, 0,(0 sBorn Declaration 3ill goes
so 1ar as to indicate Coughlin Gmade "h!sical contactG Bhich is a damn lie an!Ba!s#, in 3illFs then associate Case!
BaDer, Esq.Fs N)C$ (( signed 4anuar! 3rd, 0,(0 %""osition, 32llFs associate BaDer Bill onl! go so 1ar as to sa! that
Coughlin, Gat one "oint, charged ?r. 3ill and attem"ted to "h!sicall! intimidate him.G BaDer Bas standing directl! ne/t
to 3ill during the interacation Bherin 3ill sBore, under "enalt! o1 "erCur!, that Couglhin Gmade "h!sical contactG Bith
3ill#. 6ounds liDe Case! BaDer, Esq. Bas not quite Billing to Gs"ice u"G the stor! line as 3ill himsel1 Bas. Case!
"roAaAl! did not ha;e enough reason to sign on to the lies aAout Coughlin GclimAing onG the contractorFs trucD. 2n 3illFs
8""lication 1or a $rotection %rder against Coughlin 3ill sli"s u" and claims that Coughlin Bas GclimAing on the
contractorFs trucD, "icDing through the contentsG AacD at CouglinFs 1ormer home laB a1ter the interaction at the Gtrans1er
stationG toBn dum"#, Bhereas 3illFs contractor indicated in his 811ida;it that the alleged GclimAingG on his trucD
occurred at the Gtrans1er stationG. 3oBe;er, Aoth 3ill and his contractor, $hil 6teBart indicate that the )eno $olice
De"artment GrequestedG that 3ill 1iled a $rotection %rder 8""lication against Coughlin. 21 that is true, its im"ro"er. -he
)$D can "ro;ide indi;iduals in1ormation aAout seeDing one, Aut Bhen the )$D goes a ste" 1urther and starts urging
indi;iduals to 1ile "rotection order a""lications, or, as has recentl! Aeen the case Bith )$D %11icer 8lan 7ea;er and
6argent %li;er ?iller, Bhom, u"on in1ormation and Aelie1, urged NorthBindFs a"artment maintenance man ?ilan PreAs
to sign a 1raudulent criminal com"laint against Coughlin 1or GdisturAing the "eaceG on 4ul! 3rd, 0,((, and again urged
6u"erior ?ini 6torageFs ?att <rant to sign a similar Aaseless GdisturAing the "eaceG criminal Com"laint against Coughlin
on a""ro/imatel! 6e"temAer 0(st, 0,(0 then there is more than a little indication that the )$D is out o1 control and
attem"ting to incite memAers o1 the "uAlic to sign 1raudulent criminal com"laints Aased u"on a retaliator! animus A! the
)$D toBards Coughlin. %11icer 7ea;er and 6argent D!e shoBed u" to an unnoticed 4ul! +th, 0,(0 Aail hearing 1or
Coughlin, "resided o;er A! 4udge =inda <ardnerFs Arother )?C 4udge 7illiam <ardner Bhom recei;ed CoughlinFs
timel! Notice o1 8""eal o1 the criminal tres"ass con;iction, under N)6 (*9.,(,, !et 1ailed to 1orBard it on to the District
Court, Bhich someBhat recentl! dismissed CoughlinFs a""eal in that matter, Bherein 6argent D!e and %11icer 7ea;er
testi1ied under oath, Bith Cit! 8ttorne! 4ill DraDe singing AacDu", the the e11ectd that, des"ite Aail onl! Aeing ;alid Aased
u"on one reason in Ne;ada to secure the de1endantFs attendance at trial# the G"uAlic health and sa1et!G dictated
increasing the cash required to Aail out Couglin -EN.%=D, 1rom a AondaAle L(,4(+ to a C863 %N=9 L3,,,,.
Consequentl!, u"on 4udge <ardner so im"ermissiAl! raising CoughlinFs Aail, alleging a G"uAlic health and sa1et!G
rationale 1or so doing, Couglin Bas 1orced to s"end (* da!s in Cail, Bherein the o""ortunit! to timel! contest the L4,,,+,
attorne! 1ees aBard to )ichard 3ill incident to the summar! e;iction a""eal ran, all Bhile Coughlin Bas denied an!
o""ortunit! to access Custice or 1ile documents 1rom Cail, and Bhere Coughlin sustained sign1icant damages, 1inancial
- 277/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and otherBise, and Bhere the Cail re1used to trans"ort Coughlin to a hearing on a landlord tenant matter Bherein he Bas a
named "art!. -he e/tent to Bhich local laB en1orcement is Billing to "la! GDicD the canG Bith an attorne!, "articularl!
Bhere Bar Counsel $at Ping is so Billing to Coin the chorus, is trouAling, and indicates the Cudiciar! need issue a clarion
call out to announce the e/tent to Bhich such misconduct can not, and Bill not, Ae tolerated. 6uch a retaliator! animus
toBards Coughlin A! the )$D is liDel! due to his 6e"temAer 7th, 0,(( Com"laint Bith res"ect to a Brong1ul, retaliator!,
and 1raudulent arrest A! )$D %11icer Nicholas Duralde, Bhich Bas accom"anied A! e/tortionate threats A! )$D %11icer
)on )osa that i1 Coughlin didnFt coo"erate the! Bould Gcall the Ne;ada Bar and let them DnoB hoB !ou coo"erated Bith
our in;estigation. 3oBFs that runninF 1or !aIG 7hile Duralde testi1ied that he did not hear or recall )osaFs coerci;e threats
to Coughlin Cust "rior to the arrest, the 1act that Duralde echoed those threats A! sa!ing GNoB, 2 can arrest !ou 1or
larcen!. NoB, 2 can do a search incident to arrest. 3oBFs thatIG tends to undermine DuraldeFs contention that Ghe doesnFt
recallG hearing an!thing liDe Bhat %11icer )osa Bas ca"ture on ta"e sa!ing to Coughlin Cust "rior to the arrest. 5"on
maDing a .ourth 8mendment ;iolating arrest com"letel! lacDing in "roAaAle cause, and smugl! GCoDingG to Coughlin
aAout the GAene1itsG associated Bith charging Coughlin Bith a G1elon!G, at the time o1 the 8ugust 0,th, 0,(( arrest, the
1elon! larcen! amount limit Bas L0+, and aAo;e# com"ared to a misdemeanor under some hal1 AaDed Ggrand larcen!G o1
an allegedl! lost or mislaid or aAandoned three !ear old i$hone 3< that the alleged ;ictim testi1ied Bas onl! then Borth
GaAout L*,>(,,G on eBa! or Craigslist#, ie, search incident to custodial arrest "ossiAle Bhere "roAaAle cause lacDing to
arrest, or e;en reasonaAle sus"icion missing to do a "at doBn, Bhere alleged crime occured outside o11icerFs "resence,
a1ter 7 ".m., and no citiEens arrest immediatel! e11ectuated, "articularl! Bhere Coughlin himsel1 made a 9(( call "rior to
%11icerFs arri;ing and Bhere ;ideo 1rom minutes "rior to o11icer arri;ing re;eal Coughlin suggesting the *>(0 hostile late
teens to earl! tBenties sDater Aoarders rela/, sta! "eace1ul, re1rain 1rom assaulting and Aattering Couglin, and Bait 1or the
"olice arri;e so a laB1ul, "eace1ul resolution could Ae attained Bith Coughlin e;en cautioning the !ouths aAout a then
recent tragic death occurring not 1ar 1rom that location#.
.urther 3ill Cust 1lat out lies in his 4anuar! 3rd, 0,(0 %""osition to 8mended ?otion 1or Emergenc! )estraining %rder.
7ell, he did tell the truth Bhen he Brote, on "age 3: G((. %n .rida!, DecemAer 03,0,((, counsel 1or ?erliss neglected to
remo;e the "adlocD to the AacD gate o1 the "ro"ert!.G -hat is true, he did do that, and it did "re;ent Coughlin 1rom
remo;ing all his "ro"ert! during the scant (3 hours Coughlin had to mo;e it. But, Bhen 3ill sBears, on "age 3, that:
GCoughlinFs access to the house itsel1 Bas ne;er hindered.:G he is Cust Gsi""inF dranDG or something, as, oA;iousl! 1ailing
to remo;e a locD on a gate gonna tend to ha;e that e11ect, noB...and Bhen 3ill sBears: G (3. Ne;ertheless, at +:,, ".m. on
.rida!, DecemAer 03,0,((, counsel granted Coughlin and his agents additional, un1ettered, and unlimited access to the
outside o1 the "ro"ert! to remo;e an! remaining items. -he onl! condition "laced on that access Bas that CoughlinFs
hel"ers agreed to re"lace the gate on its hinges as Aest the! could. Coughlin and his agents 1ailed to remo;e the remainder
o1 CoughinFs "ro"ert! 1rom the !ard that night, and 1ailed to "ut the gate AacD on the hinges.G Coughlin Bas ne;er made
aBare o1 an! such Go11erG A! 3ill, and, e;en i1 he had Aeen, he!, itFs the Goutside o1 the "ro"ert!G, )ich, "eo"le generall!
"ut their ;aluaAles inside, !ou DnoBI
-hen the 32ll "re;arication and oA1uscation e/"ress DicDs into o;erdri;e, Bhen, in his 4anuar! 3rd, 0,(0 %""osition
he continues on: GC. Coughlin is Not Entitled to 8 6ta! Coughlin claims to ha;e de"osited L0+, Bith the CusticeFs court
"ursuant to N)6 4,.3*+, although he has not "ro;ided an! "roo1 in su""ort o1 his claim. 8ttached hereto as E&32B2- (,
is a true and correct co"! o1 the CusticeFs courtFs docDet as o1 DecemAer (9, 0,((. -hat docDet shoBs that Coughlin "aid
a 1iling 1ee 1or his a""eal on DecemAer (0, 0,((, in the amount o1 L0('.,,.G 7ell, actuall!, 4udge 61erraEEa Bai;ed the
4ustice CourtFs L04.,, 1iling 1ee, and the L0('.,, re"resents the District CourtFs 1iling 1ee, and its not reall! clear Bhether
that date is Bhen the checD Bas cashed A! the District Court, or Bhether the 4ustice Court held on to the checD 1or quit4e
aBhile Ae1ore shi""ing it along Bith the )%8 to the District Court, etc., etc. 3ill continues: G2t is entirel! unclear 1rom
the 1olloBing entries o1 that docDet Bhether or Bhen Coughlin e;er "aid an additional L0+,.,, under N)6 4,.3*+.G -hat
might, technicall! Ae true, )ich, to the e/tent that !ou Brote it on 4anuar! 3rd, 0,(0, and are sneaDil! indicating that !ou
are looDing at an old docDet 1rom the 4ustice Court 1rom DecemAer (9th, 0,(0, e;en though Coughlin made a Aig deal to
!ou and the 4ustice Court, in Briting, that he Bas de"ositing the L0+,.,, su"ersedeas Aond mentioned in N)6 4,.3*+, on
DecemAer 00nd, 0,((, a 1act Bhich 3ill himsel1 mentions in his oBn 1ilings...6o, Dind o1 a lacD o1 candor to the triAunal
there to maDe all this argument Aased u"on some old docDet and the e/tent to Bhich it 1ails to re;eal or GmaDe clearG
matters to Bhich 3ill had read! Britten notice o1 ;ia his oBn e>.le/ account and ser;ice o1 1ilings u"on him connected
thereto, in addition to CoughlinFs 1a/es, emails, and there might ha;e e;en Aeen a ser;ice o1 a Notice o1 $osting
6u"ersedeas Bond need to checD on that more#, etc. in connection Bith the de"ositing on DecemAer 00nd 0,(0, the L0+,
required 1or a sta! during a""eal o1 a summar! e;iction in N)6 4,.3*+. 8nd, actuall!, 3ill sli""ed u" a Ait there, in light
o1 the 1olloBing: 8nd, actuall!, 3ill, in his 4anuar! 0,th, 0,(0 1iling, admitted that Coughlin sent him that DecemAer
00nd, 0,(( email noti1!ing him o1 the "osting o1 the L0+, su"ersedeas Aond seeDing a sta!, Bhen he admits, on "age 3:
G((. $ursuant to E&32B2- 0, Coughlin Bas "ro;ided access to the $ro"ert! on -hursda!, DecemAer 00, 0,((. -hat da!,
Coughlin sent an email to the undersigned and 4udge 61erraEEa, in Bhich he essentiall! announced that he Bas entitled to
- 278/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a sta!, and to return to and continue in "ossession o1 the $ro"ert!. 4udge 61erraEEa quicDl! res"onded A! email, and
reminded ?r. Coughlin that the sta! had Aeen denied.G .ound in E/hiAit ( is the DecemAer 00nd email to 3illFs %11ice
that alerts them to the "osting o1 L0+, , s"eci1ied as a Gsu"ersedeas AondG, Bith a citation to N)6 4,.3*+:
3illFs 4anuar! 3rd, 0,(0 %""osition continues, on "age *: GE;en i1 Coughlin e;entuall! "aid some amount toBard an
a""eal Aond, it Bas not in time to sta! the e;iction during this a""eal. -o do that, a "ro"er motion must Ae made and
granted, and the Aond "osted, "rior to the locDout. -he locDout here occurred on No;emAer (, 0,((. B! the time
Coughlin managed to 1ind that statute and "a! an! mone! to the court, he had Aeen locDed out o1 the "ro"ert! 1or si/
BeeDs. 8s such, an! request 1or a sta! Bas, and is, moot. 8t this "oint, Coughlin does not ha;e an! rights in either the
real or "ersonalG. %ddl!, 8n;ui saB a sta! granted a1ter a locDout Bas conducted, and 3ill )$C 3.( Gmeritorious
contentionG issues# cites to no legal authorit! 1or his contention that Gto sta! the e;iction during this a""eal...a "ro"er
motion must Ae made and granted, and the Aond "osed, "rior to the locDout.G CitationI None.
Des"ite 3illFs strange a""roach o1 not actuall! indicating that his o11ice did not get an DecemAer 00nd,
0,(( email noti1!ing them o1 the "osting o1 L0+, 1or a su"ersedeas Aond seeDing a sta! under N)6 ((*8.3*+ Aut rather,
3ill 1ocuses on Bhat one cannot glean 1rom looDing at a dated docDet...#, 3illFs %11ice Bas made aBare o1 such matters, in
Briting, in the 1olloBing DecemAer 00nd email to 3illFs %11iee: G....urther, this is all moot at this "oint as 2 ha;e 1iled a
6u"ersedeas Bond o1 L0+,, and according to N)6 4,.3*+, 2 automaticall! get a sta! o1 e;iction and am entitled to return
to the "ro"ert! and continue in "ossession. -he statute sets the 6u"ersedeas Bond Bhich !ields a sta!# at L0+, i1 rent is
under L(,,,, unless the Court Bishes to rule that 2 am a commercial tenant. 3oBe;er, i1 the court does rule that 2 am a
commercial tenant, the No Cause E;iction Notice in this case, under N)6 4,.0+3 maDes a 6ummar! E;iction
$roceeding im"ermissiAle, as 6ummar! E;iction $roceedings are not alloBed against commercial tenants Bhere onl! a
No Cause E;iction Notice is 1iled. 2ts one or the other, Aut ?r. 3ill and BaDer cannot ha;e it Aoth Ba!s. .urther, the
Courts %rder o1 DecemAer 0(, 0,(( is Cust that, and %rder, its not an agreement, its not a settlement, etc, etc. and the
audio record clearl! re1lects that. N)6 4,.3*+ 6ta! o1 e/ecution u"on a""eal: dut! o1 tenant Bho retains "ossession o1
"remises to "a! rent during sta!. 5"on an a""eal 1rom an order entered "ursuant to N)6 4,.0+3: (. E/ce"t as otherBise
"ro;ided in this suAsection, a sta! o1 e/ecution ma! Ae oAtained A! 1iling Bith the trial court a Aond in the amount o1
L0+, to co;er the e/"ected costs on a""eal. 2n an action concerning a lease o1 commercial "ro"ert! or an! other "ro"ert!
1or Bhich the monthl! rent e/ceeds L(,,,,, the court ma!, u"on its oBn motion or that o1 a "art!, and u"on a shoBing o1
good cause, order an additional Aond to Ae "osted to co;er the e/"ected costs on a""eal. 8 suret! u"on the Aond suAmits
to the Curisdiction o1 the a""ellate court and irre;ocaAl! a""oints the clerD o1 that court as the suret!Fs agent u"on Bhom
"a"ers a11ecting the suret!Fs liaAilit! u"on the Aond ma! Ae ser;ed. =iaAilit! o1 a suret! ma! Ae en1orced, or the Aond
ma! Ae released, on motion in the a""ellate court Bithout inde"endent action. 0. 8 tenant Bho retains "ossession o1 the
"remises that are the suACect o1 the a""eal during the "endenc! o1 the a""eal shall "a! to the landlord rent in the amount
"ro;ided in the underl!ing contract AetBeen the tenant and the landlord as it Aecomes due. 21 the tenant 1ails to "a! such
rent, the landlord ma! initiate neB "roceedings 1or a summar! e;iction A! ser;ing the tenant Bith a neB notice "ursuant
to N)6 4,.0+3. 6incerel!, Zach Coughlin, Esq.G. %h, and 3ill and 6teBart admit to this in a ;ideo. )ichard 3illFs
contractor, 1or some strange reason, remo;ed a ladder Coughlin oBns 1rom the "ro"ert!, "re;enting CoughlinFs access to
the attic u"on his Aeing alloBed that scant (3 hours to remo;e his "ro"ert! and the attic had Aeen reno;ated to alloB 1or
storage o1 a consideraAle amount o1 "ro"ert!. 21 Coughlin Bas 3ill he Bould ha;e called the )$D to re"ort the Glarcen!G
o1 his ladder A! 3ill, in a )2C% thing Bith his contractor. But 3ill esca"ed "rosecution that time, o;er the! Bhole ladder
deal. 2t ne;er Bas made clear Bh! the contractor remo;ed the ladder 1rom the "ro"ert!, other than, "erha"s, liDe the
a""l!ing o1 a locD to the AacD!ard gate, maDe it e;en more unliDel! that Coughlin Bould Ae aAle to remo;e all he needed
to, es"eciall! gi;en the limited 1unds 1or mo;ing ;ehicles and hired hel", in the scant (3 hours alloBed under the
DecemAer 0(st, 0,(0 %rder.
Also, this is a complaint against Hill and his contractor for petty larceny of the ladder from Coughlin's former
law office, admitted to on tape on December 22nd, 2011 by Hill (though the issue of whether they intended to
"permanently deprive" Coughlin of the use and enjoyment thereof may be grounds for debate, Hill should get to
spend the next 12 months defending himself as Coughlin has from the onslaught of SBN, WCDA, and City of Reno
prosecutor investigation...otherwise...gee, doesn't it kinda being to mind Coughlin's question to RPD Officer Chris
Carter, 1r. while Coughlin was in cuffs during the custodial arrest of November 13th, 2011 when Coughlin asked
Officer Carter: "are you on Richard Hill's payroll too?". Coughlin has 1aith1ull! re"orted on e/actl! Bhat %11icer
CarterFs res"onse Bas, hoBe;er ill>ad;ised a sarcastic res"onse he ma! claim it to ha;e Aeen. 3ill has 1ailed to 1aith1ull!
re"ort on Cust Bhat he meant Bhere he 1iled documents attesting to ha;e 1ound Ga cracD "i"e and a Aag o1 BeedG, a G;ial
o1 some sortG, and Ga large quantit! o1 "illsG and GdrugsG in CoughlinFs 1ormer home laB o11ice.
- 279/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)es"ecting CoughlinFs Britten communications to 32llFs o11ice concerning CoughlinFs e/"ress re1usal to acce"t electronic
notice or ser;ice o1 an!thing 1rom 32llFs %11ice, includes the 1olloBing:
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Monday, November 21, 211 !:1 "M
To: cdba#er@richardhilla$.com
Subject: %&: Merli'' v. Coughlin

Ca'ey, couldn(t o)en them, and even i* + could, + don(t con'ent to 'ervice by email o* )leading', nor by *a,. +
have told you that many time'. + $ill *ile a Motion *or -anction' i* you do not cea'e attem)ting to circumvent
the )rocedural )rotection' accorded tenant'. .he only matter *or $hich + con'ent to having you or your
o**ice contact me by email, i' to tell me i* and $hen + can get my e,igent client/la$ )ractice material'/'tate
i''ued identi*ication, etc. + re*u'e to acce)t 'ervice o* )leading' and motion' you $i'h to 'ling through the
court' at $ar) ')eed $hile $ithholding my mail and $allet. Come on0 1our better than thi'0
Zach Coughlin, Esq.
.rom: Eachcoughlin]hotmail.com
-o: "atricDD]n;Aar.org: da;idc]n;Aar.org: n;scclerD]n;courts.n;.go;
6uACect: =2-2<8-2%N 3%=D N%-2CE re;0,((>,,(7,* c;((>,3'0*, ',33( '(3*3
Date: ?on, (+ %ct 0,(0 (7:,3:34 >,7,,
?r. Ping,
-his Briting memorialiEes, in "art, our con;ersation aAout !our 1ailure to
in;estigate, in an! real Ba!, the criminal tres"ass allegations, in ;iolation o1
the ClaiAorne decision. 5"on m! asDing !ou "ointed questions, !ou
hurriedl! 1iled a 6C) ((( $etition in an attem"t to e/cuse !our 1ailure to
asD an! o1 the "ointed questions 2 ha;e "re;iousl! "ut 1orth to !ou
regarding that criminal tres"ass matter, 1urther !ou admitted to Aeing
unaBare allegedl!# o1 the 1amilial relation AetBeen 4udge 7illiam <ardner
and 4udge =inda <ardner des"ite that Aeing quite clear in m! recent 1ilings
to !ou#.
9ou might Bant to looD at 8B00' and the Committee on the 4udiciar! notes 1rom ?arch 3(, 0,((.
-his corres"ondence reminds !ou o1 and 1urther "laces !ou on notice o1
that the 1act that !ou ha;e Aeen "laced on a =2-2<8-2%N 3%=D N%-2CE.
- 280/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3E V2DE% .2=?ED B9 )2C38)D 32== %. -3E )EN% $%=2CE
DE$8)-?EN-F6 C3)26 C8)-E) 8ND 68)<EN- =%$EZ 2N -3E
-2?E $)2%) -% -3E =8ND=%)D, ?E)=266 8==E<ED=9
P2CP2N< D%7N -3E D%%), 26 %. ?8-E)28==9 )E=EV8NCE -%
6EVE)8= C2V2= =87652-6 8ND C)2?2N8= $)%CEED2N<6.
)2C38)D =2ED 2N C%5)-, 5NDE) %8-3 73EN 3E -E6-2.2ED
-38- -3E )$D 8NN%5NCED -3E?6E=VE6 86 =87
EN.%)CE?EN- 8ND %)DE)ED C%5<3=2N -% C%?E %5- %.
-3E B86E?EN- $)2%) -% -3E D%%) BE2N< P2CPED 2N.
)2C38)D 6END6 -3E 6-8-E B8) %. NEV8D8 =E--E)6 %N
.5)-3E), %..2CE) C8)-E)F6 $%=2CE )E$%)- 26
DE?%N6-)8-ED -% BE .5== %. =2E6 B9 -3E VE)9 V2DE%6
-38- 32== $)%$%5NDED -% -3E C2-9 %. )EN%
$)%6EC5-%)6, $8)-2C5=8)=9 72-3 )E6$EC- -% 73E-3E)
C%5<3=2N )E.56ED -% =E8VE 8.-E) BE2N< 78)NED %)
-%=D -% D% 6% 8ND -3E E&-EN- -% 732C3 C8)-E) 786
5N8B=E -% 2665E 8 C2-8-2%N %) )E=9 %N 8 62?$=E
78)N2N< 2N =2<3- -3E)E%.. C%5<3=2N 8C-58==9 86P6
C8)-E) 2N -3E V2DE% 32== .2=?ED 739 3E D%E6NF- 456-
2665E 65C3 8 78)N2N< %) C2-8-2%N. -hen, Carter goes on to
attem"t to o11er his ;ieBs on Gser;iceG, hoBe;er rudimentar! the! ma! Ae.
Aeing care1ul to note to Coughlin G!ouFre not the ;ictim here.G -o the
e/tent that 3ill and ?erliss tres"ass into CoughlinFs 1ormer laB o11ice on
this date, Bith the hel" o1 the )$D, 6oldal ; CooD Count! has Aeen
;iolated, and Carter and =o"eE ha;e ;iolated 7heeler ; Coss.
8n! E;iction %rder signed A! 4udge 61erraEEa Bas stale in light o1 the
1ailure to ha;e the locDout order ser;ed u"on Coughlin and a locDout
"er1ormed GBithin 04 hoursG o1 the 6heri11Fs recei"t o1 the %rder o1 Aoth
%ct 0+th, 0,(( the sim"le one "age %rder signed A! 4udge 61erraEEa and
notated in his oBn handBriting# and or the %ctoAer 07th, 0,(( .indings o1
.act, Conclusions o1 =aB, and %rder 1or 6ummar! E;iction# Aoth o1 Bhich
Bere recei;ed A! the 7C6% Bell o;er 04 hours 1rom Bhen the locDoutFs
Bere conducted, and there1ore, Aoth such %rders Bere stale, and there1ore,
- 281/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)ichard <. 3ill, Esq. committed tres"ass u"on CoughlinFs 1ormer home laB
o11ice, threB aBa! a great deal o1 CoughlinFs "ersonalt! some o1 it ;er!
sentimental#, and Aoth 3ill and BaDer ha;e lied re"eatedl! in court 1ilings
in indicating that Coughlin Bas served the 6ummar! E;iction %rder on
No;emAer (st, 0,(( Bere the! also admit that Coughlin Bas not at his
1ormer home laB o11ice at the time 7C6% De"ut! ?achen "osted it on the
door thereo1 and e11ectuated a locDout and ?achen lied under oath in his
No;emAer 7th, 0,(( 1iled 811ida;it o1 6er;ice attesting to ha;e G"ersonall!
ser;edG Coughlin the 6ummar! E;iction %rder on No;emAer (st, 0,((
7C6% Ci;il Di;ision 6u"er;isor admitted as much to Coughlin in Briting:
N)6 4,.0+3:
+. 5"on noncom"liance Bith the notice:
a# -he landlord or the landlordMs agent ma! a""l! A! a11ida;it o1 com"laint 1or
e;iction to the Custice court o1 the toBnshi" in Bhich the dBelling, a"artment, moAile
home or commercial "remises are located or to the district court o1 the count! in Bhich
the dBelling, a"artment, moAile home or commercial "remises are located, Bhiche;er
has Curisdiction o;er the matter. The court may thereupon issue an order directing
the sheriff or constable of the county to remove the tenant within 24 hours after
receipt of the order. The affidavit must state or contain:
(# -he date the tenanc! commenced.
0# -he amount o1 "eriodic rent reser;ed.
3# -he amounts o1 an! cleaning, securit! or rent de"osits "aid in ad;ance, in
e/cess o1 the 1irst monthMs rent, A! the tenant.
4# -he date the rental "a!ments Aecame delinquent.
+# -he length o1 time the tenant has remained in "ossession Bithout "a!ing rent.
'# -he amount o1 rent claimed due and delinquent.
7# 8 statement that the Britten notice Bas ser;ed on the tenant in accordance
Bith N)6 4,.0*,.
*# 8 co"! o1 the Britten notice ser;ed on the tenant.
9# 8 co"! o1 the signed Britten rental agreement, i1 an!.
A# E/ce"t Bhen the tenant has timel! 1iled the a11ida;it descriAed in suAsection 3
and a 1ile>stam"ed co"! o1 it has Aeen recei;ed A! the landlord or the landlordMs agent,
and e/ce"t Bhen the landlord is "rohiAited "ursuant to N)6 ((*8.4*,, the landlord or
the landlordMs agent ma!, in a "eaceaAle manner, "ro;ide 1or the nonadmittance o1 the
tenant to the "remises A! locDing or otherBise.
- 282/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.urther Bhere is m! damage de"osit either L+,,, or, arguaAl! L7,, gi;en
the e/tent to Bhich the 6tandard )ental 8greement a11orded me the choice
Bith res"ect to hoB cleaning Bas to Ae done and the e/tent to Bhich 3ill
and BaDer ha;e 1ailed to com"l! Bith
?r. BaDer, !ou ha;e committed "ro1essional misconduct and 3ill 1iled a
grie;ance against me in a letter to the 6BN dated 4anuar! (4th, 0,(0
"ur"orting to Ae sent on !our Aehal1 in G1ul1illing !our )$C 3.*
oAligationG...sim"! "ut, ?r. BaDer, in !our %""osition to ?%tion to
constest $ersonal $ro"ert! =ien in )e;0,((>,,(7,*, on "age +, !ou lie
Bhere !ou Brite GBhen Coughlin re1used to emerge 1rom the Aasement a1ter
Aeing ordered to do so A! the "olice, ?erliss Bas 1orced to DicD doBn the
door to gain access to his oBn "ro"ert!G. 9ou DnoB that that is not true.
-he )eno $olice De"artment did not identi1! themsel;es as laB
en1orcement or otherBise issue an laB1ul %rders directing Coughlin to
Gemerge 1rom the AasementG. 9ou ha;e demonstrated a lacD o1 candor to
the triAunal in that regard in cons"irac! Bith )ichard 3ill. 2n a ;ideota"ed
inter;ieB, )$D 6argent =o"eE admits that neither she nor %11icer Carter,
nor an!one else that da!, identi1ied themsel;es in an! Ba! to Coughlin in
the GAasementG or otherBise issued him an! sort o1 GBarning to lea;eG or
Gorder to emergeG o1 an! sort, Bhatsoe;er. ?r. BaDer, !ou Bere not e;en
there. 9et, !ou ;ieBed the ;ideo taDen A! )ichard 3ill o1 the moments in
question Bhere the )$D Bere at the Aasement door "rior to Dr. ?erliss
DicDing it doBn, including those moments Bhere Dr. ?erliss is seen in one
;ideo Bhis"ering to )ichard 3ill. 21 there reall! Bas all this identi1!ing
themsel;es as laB en1orcement and issuing Coughlin an order to emerge
Bhich Bent unheeded, then Bh! the Bhis"eringI 7h! did )ichard 1ail to
include the he tooD o1 the moments Bhere the )$D Bere at the GAasementG
door an 1ailed to identi1! themsel;es or issue an! laB1ul %rdersI 3oB
Bould Coughlin DnoB that an! ;oices that ma! ha;e Aeen audiAle did not
sim"l! Aelong to more o1 the goons 3ill and BaDer routinel! hire 1rom
Ne;ada Court 6er;ices to tres"ass Aehind CoughlinFs 1ormer home laB
o11iceFs AacD!ard gate, ;isiting in "airs, threes times a da!, one ringing the
door Aell re"eatedl! 1or 3, minutes at a time, Bhile the other ). 7ra!, 4oel
- 283/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Durden, and other licensed "rocess ser;ers# tres"asses Aehind a a latched
AacD!ard gate and Aangs on BindoBs and "eers through closed Alinds Bhile
issuing threats intended to indicate the! are Aeing made A! someone Bith
color o1 laB Aehind their Bords, Bhile dressed u" in an out1it s"eci1icall!
intended to con1use the "uAlic into thinDing these "rocess ser;ers are
6heri11Fs De"utiesI
)egardless, the real 1l! in the ointment is the 1act that )$D 6argent =o"eE
admitted that neither she, nor Carter, nor an!one else identi1ied themsel;es
as laB en1orcement and or issued Coughlin an order to emerge 1rom the
GAasementG. 2ndeed, in 3illFs Declaration in )E;0,((>,,(7,*, 1iled a scant
7 da!s a1ter the arrest, 3ill certainl! 1ails to mention an! such alleged
moment Bhere the )$D identi1! themsel;es as laB en1orcement and issue
Coughlin an order to emerge "rior to ?erliss DicDing the door in. 3ill
Brites letters to the 6BN accusing Coughlin o1 ha;ing a GcracD "i"e and Aag
o1 BeedG and Glarge quantit! o1 "illsG the ;ideos 3ill tooD that da! re;eal
those G"illsG are ;itamins, something 3ill 1ails to clari1! Bith the 6BN, and
3ill ne;er has "ro;ided an! sort o1 indication o1 Bhat the GcracD "i"e and
Aag o1 BeedG looDed liDe e/actl!, nor has he res"onded to requests 1or
"hotogra"hs thereo1, or made indication Bh! he did not call the "olice,
gi;en the 1act that he has in;ol;ed laB en1orcement at e;er! other "ossiAle
turn.
3ill and BaDer ha;e continued to 1ail to deli;er CoughlinFs securit! de"osit,
and in doing so, Bhere the! 1ailed to "ro;ide the requisite corres"ondence
Bithin 3, da!s o1 an! such e;iction, ha;e ;iolated Ne;ada laB:
NRS 118A.242 Security: Limitation on amount or value; surety bond in lieu of security; duties and liability of
landlord; damages; disputing itemized accounting of security; prohibited provisions.
(. -he landlord ma! not demand or recei;e securit! or a suret! Aond, or a comAination thereo1, including the last
monthMs rent, Bhose total amount or ;alue e/ceeds 3 monthsM "eriodic rent.
0. 2n lieu o1 "a!ing all or "art o1 the securit! required A! the landlord, a tenant ma!, i1 the landlord consents, "urchase
a suret! Aond to secure the tenantMs oAligation to the landlord under the rental agreement to:
a# )emed! an! de1ault o1 the tenant in the "a!ment o1 rent.
A# )e"air damages to the "remises other than normal Bear and tear.
c# Clean the dBelling unit.
3. -he landlord:
a# 2s not required to acce"t a suret! Aond "urchased A! the tenant in lieu o1 "a!ing all or "art o1 the securit!: and
A# ?a! not require a tenant to "urchase a securit! Aond in lieu o1 "a!ing all or "art o1 the securit!.
4. 5"on termination o1 the tenanc! A! either "art! 1or an! reason, the landlord ma! claim o1 the securit! or suret!
Aond, or a comAination thereo1, onl! such amounts as are reasonaAl! necessar! to remed! an! de1ault o1 the tenant in the
- 284/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"a!ment o1 rent, to re"air damages to the "remises caused A! the tenant other than normal Bear and to "a! the reasonaAle
costs o1 cleaning the "remises. -he landlord shall "ro;ide the tenant Bith an itemiEed Britten accounting o1 the
dis"osition o1 the securit! or suret! Aond, or a comAination thereo1, and return an! remaining "ortion o1 the securit! to
the tenant no later than 3, da!s a1ter the termination o1 the tenanc! A! handing it to the tenant "ersonall! at the "lace
Bhere the rent is "aid, or A! mailing it to the tenant at the tenantMs "resent address or, i1 that address is unDnoBn, at the
tenantMs last DnoBn address.
+. 21 a tenant dis"utes an item contained in an itemiEed Britten accounting recei;ed 1rom a landlord "ursuant to
suAsection 4, the tenant ma! send a Britten res"onse dis"uting the item to the suret!. 21 the tenant sends the Britten
res"onse Bithin 3, da!s a1ter recei;ing the itemiEed Britten accounting, the suret! shall not re"ort the claim o1 the
landlord to a credit re"orting agenc! unless the suret! oAtains a Cudgment against the tenant.
'. 21 the landlord 1ails or re1uses to return the remainder o1 a securit! de"osit Bithin 3, da!s a1ter the end o1 a
tenanc!, the landlord is liaAle to the tenant 1or damages:
a# 2n an amount equal to the entire de"osit: and
A# .or a sum to Ae 1i/ed A! the court o1 not more than the amount o1 the entire de"osit.
7. 2n determining the sum, i1 an!, to Ae aBarded under "aragra"h A# o1 suAsection ', the court shall consider:
a# 7hether the landlord acted in good 1aith:
A# -he course o1 conduct AetBeen the landlord and the tenant: and
c# -he degree o1 harm to the tenant caused A! the landlordMs conduct.
NRS 118A.360 Failure of landlord to comply with rental agreement or maintain dwelling unit in habitable
condition where cost of compliance less than specified amount.
(. 21 the landlord 1ails to com"l! Bith the rental agreement or his or her oAligation to maintain the dBelling unit in a
haAitaAle condition as required A! this cha"ter, and the reasonaAle cost o1 com"liance or re"air is less than L(,, or an
amount equal to one monthMs "eriodic rent, Bhiche;er amount is greater, the tenant ma! reco;er damages 1or the Areach
or noti1! the landlord o1 the tenantMs intention to correct the condition at the landlordMs e/"ense. 21 the landlord 1ails to
use his or her Aest e11orts to com"l! Bithin (4 da!s a1ter Aeing noti1ied A! the tenant in Briting or more "rom"tl! i1
conditions require in case o1 emergenc!, the tenant ma! cause the BorD to Ae done in a BorDmanliDe manner and a1ter
suAmitting to the landlord an itemiEed statement, the tenant ma! deduct 1rom his or her rent the actual and reasonaAle
cost or the 1air or reasonaAle ;alue o1 the BorD, not e/ceeding the amount s"eci1ied in this suAsection.
0. -he landlord ma! s"eci1! in the rental agreement or otherBise that BorD done under this section and N)6
((*8.3*,must Ae "er1ormed A! a named "erson or 1irm or class o1 "ersons or 1irms quali1ied to do the BorD and the
tenant must com"l! Bith the s"eci1ications. 21 the "erson quali1ied to do the BorD is una;ailaAle or unaAle to "er1orm the
re"airs the tenant shall use another quali1ied "erson Bho "er1orms re"airs.
3. 8 tenant ma! not re"air at the landlordMs e/"ense i1 the condition Bas caused A! the deliAerate or negligent act or
omission o1 the tenant, a memAer o1 the tenantMs household or other "erson on the "remises Bith his or her consent.
4. -he landlordMs liaAilit! under this section is limited to L(,, or an amount equal to one monthMs "eriodic rent,
Bhiche;er amount is greater, Bithin an! (0>month "eriod.
+. 8 tenant ma! not "roceed under this section unless the tenant has gi;en notice to the landlord that the dBelling is
not in a haAitaAle condition as required A! this cha"ter.
NRS 118A.355 Failure of landlord to maintain dwelling unit in habitable condition.
1. &,ce)t a' other$i'e )rovided in thi' cha)ter, i* a landlord *ail' to maintain a d$elling unit in a habitable
condition a' re2uired by thi' cha)ter, the tenant 'hall deliver a $ritten notice to the landlord ')eci*ying each
*ailure by the landlord to maintain the d$elling unit in a habitable condition and re2ue'ting that the landlord
remedy the *ailure'. +* a *ailure i' remediable and the landlord ade2uately remedie' the *ailure or u'e' hi' or
her be't e**ort' to remedy the *ailure $ithin 1! day' a*ter recei)t o* the notice, the tenant may not )roceed
under thi' 'ection. +* the landlord *ail' to remedy a material *ailure to maintain the d$elling unit in a habitable
condition or to ma#e a rea'onable e**ort to do 'o $ithin the )re'cribed time, the tenant may:
3a4 .erminate the rental agreement immediately.
3b4 %ecover actual damage'.
3c4 5))ly to the court *or 'uch relie* a' the court deem' )ro)er under the circum'tance'.
- 285/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3d4 6ithhold any rent that become' due $ithout incurring late *ee', charge' *or notice or any other charge
or *ee authorized by thi' cha)ter or the rental agreement until the landlord ha' remedied, or ha' attem)ted in
good *aith to remedy, the *ailure.
2. .he tenant may not )roceed under thi' 'ection:
3a4 7or a condition cau'ed by the tenant8' o$n deliberate or negligent act or omi''ion or that o* a member
o* hi' or her hou'ehold or other )er'on on the )remi'e' $ith hi' or her con'ent9 or
3b4 +* the landlord8' inability to ade2uately remedy the *ailure or u'e hi' or her be't e**ort' to remedy the
*ailure $ithin 1! day' i' due to the tenant8' re*u'al to allo$ la$*ul acce'' to the d$elling unit a' re2uired by
the rental agreement or thi' cha)ter.
:. +* the rental agreement i' terminated, the landlord 'hall return all )re)aid rent and 'ecurity recoverable
by the tenant under thi' cha)ter.
!. 5 tenant may not )roceed under thi' 'ection unle'' the tenant ha' given notice a' re2uired by
'ub'ection 1, e,ce)t that the tenant may, $ithout giving that notice:
3a4 %ecover damage' under )aragra)h 3b4 o* 'ub'ection 1 i* the landlord:
314 5dmit' to the court that the landlord had #no$ledge o* the condition con'tituting the *ailure to
maintain the d$elling in a habitable condition9 or
324 ;a' received $ritten notice o* that condition *rom a governmental agency authorized to in')ect *or
violation' o* building, hou'ing or health code'.
3b4 6ithhold rent under )aragra)h 3d4 o* 'ub'ection 1 i* the landlord:
314 ;a' received $ritten notice o* the condition con'tituting the *ailure to maintain the d$elling in a
habitable condition *rom a governmental agency authorized to in')ect *or violation' o* building, hou'ing or
health code'9 and
324 7ail' to remedy or attem)t in good *aith to remedy the *ailure $ithin the time )re'cribed in the
$ritten notice o* that condition *rom the governmental agency.
5. u!tice court! !hall e!tabli!h b" local rule a mechani!m b" which tenant! ma" de#o!it rent
withheld under #aragra#h $d% of !ub!ection 1 into an e!crow account maintained or a##ro&ed b"
the court. A tenant doe! not ha&e a defen!e to an e&iction under #aragra#h $d% of !ub!ection 1
unle!! the tenant ha! de#o!ited the withheld rent into an e!crow account #ur!uant to thi!
!ub!ection.
?rFs. BaDer and 32ll, Bould !ou not sa! it more accurate to characteriEe the situation in re;0,((>,,(7,* as one
1itting under the N)6 ((*8.3++ heading, "articular! Bhere the )4C, at the time o1 that summar! e;iction G-rialG had,
according to 4udge 61erraEEa, no Glocal ruleG or Gmechanism A! Bhich tenants ma! de"osit rent Bithheld under
"aragra"h...G and ther1ore acDnoBledging the Arilliance in CoughlinFs 4C)=V )ule 44 corollar! in the )4C argumentI
Certainl!, under the N)6 ((*8.3++ anal!sis, a1ter one stri"s aBa! the agreed to L3+, 1or Beeds maintenance Bhich
Dind o1 amounts to a Bai;er o1 term in the 6tandard )ental 8greement that 4udge 61erraEEa inter"rets to require such
GcareG o1 the GlaBn and surrounding groundsG Bhich, to the Court, a""arentl!, included GBeedsG#, doesnFt itI#, and the
agreed u"on credit 1or 1i/ing the stairs, Bell, then, and other amounts 1it quite nicel! into the G1i/ and deductG a""roach
set 1orth in N)6 ((*8.3',. But, regardless, !ou "roceeded under a No Cause E;iction Aasis, Aut against a commercial
tenant, a 1act !ou are stucD Bith, as the -enantFs 8nsBer, numerous "hone calls to BaDer, and man!, man! instances
throughout the 1ilings in that matter maDe clear thta this Bas CoughlinFs home laB o11ice, a commercial lease Bhich the
6tandard )ental 8greement s"eci1icall! alloBs 1or. 8nd taDe a looD at that 0,,* 7inchell ; 6chi11 sea1ood Ausiness goes
under Aecause o1 Brong1ul e;iction case Bherein damages accounting 1or the loss o1 oneFs entire Ausiness and Bhat is a
"atent attorne!Fs Ausiness Borth, do !ou thinD, Dr. ?erlissI# are alloBaAle under Ne;ada laB. $lease remit L4+,,,,, to
me Bithin 7 da!s o1 this email Aeing sent to !ou in satis1action o1 this dis"ute against !ou, Dr. ?erliss. )ichard and
Case!, 2 Bill deal Bith !ou later, Aut !our liaAilit! is on "ar Bith Dr. ?erlissFs, no douAt, and that is Ae1ore the .DC$8
stu11 and the 1act that !our o11ice is not licensed as a Aill collector.G
Zach Coughlin
-o Cleslie]Bashoecount!.us, CAolser]Bashoecount!.us, Cgoodnight]Bashoecount!.us
3otmail 8cti;e VieB
* attachments total 0(.* ?B#
- 286/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)oA DaBso...m"3
DoBnload+.( ?B#
0 (+ (0 e...htm
(7.7 PB#
all email..."d1
DoBnload(',(.4 PB#
DoBnload all as Ei"
)an into )oA DaBson at 6tarAucDs the other da!. 3e said 4im either 1ailed to indicate to him that he Bas under
suA"oena or otherBise required, or e;en asDed, to shoB u" 1or the continuation o1 the -rial on 6e"temAer +th, 0,(0 and
des"ite, in ?r. BoslerFs "resence on 4ul! ('th, 0,(0, 4udge 61erraEEa %rdering those Bitnesses )oAert DaBson and
Colton -em"leton# to a""ear at the court date set 1or 8ugust 09th, 0,(0 Bhich, a""arentl!, onl! on 6e"temAer 9th, 0,(0,
a1ter some unin1ormed a""arent "rom"ting A! ?r. =eslie that he do so, 4udge 61erraEEa entered some GnoteG indicating
that the 8ugust 09th, 0,(0 date Bas a -rial date in comAination Bith a 3earing on the ?otion to 6u""ress#. Des"ite m!
"lease that he do so, ?r. =eslie 1ailed to mo;e 1or a continuance and the 1ailure to a""ear A! those under suA"oena is a
Aright line acce"ted reason 1or a continuance# Aased u"on the contem"t o1 -em"leton and DaBson in 1ailing to a""ear.,
1urther, =eslie 1ailed to "ro;ide an! rationale 1or Bh! he so 1ailed to mo;e 1or a continuance, aside 1rom his constant
re1rain that he Bas seeDing to taDe aBa! m! in;iolaAle right to decide Bhether or not to testi1! A! re1using to utiliEe an!
o1 the e/cul"ator! ;ideosHmedia, in this matter aAsent m! Bai;ing such a right A! testi1!ing as to their authenticit! and
"ro;iding a 1oundation 1or such materials, des"ite 4udge 61erraEEa indicating an!Aod! Bho Bas there could. .urther,
4udge 61erraEEa seemed to indicate that Nicole 7atson did shoB u" in Court on 8ugust 09th, 0,(0 or checDed in# and
still =eslie 1ailed to utiliEe her as a Bitness and to the e/tent the ta"e and other ;ideos "ro;e that the Gman Bith a si/
"acDG did hold alo1t the i$hone and threaten to GthroB it in the ri;erG, she is a material Bitness, es"eciall! Bhere an
aAandonment o1 the "hone or other argument directed toBards the oBnershi" o1 something that is sa;ed 1rom imminent
destruction a1ter said "ro"ert! is either lost, mislaid, or aAandoned and those are three distinct legal conce"ts all
accorded a di11erent treatment in a larcen! setting htt":HHen.BiDi"edia.orgHBiDiH=ost,Zmislaid,ZandZaAandonedZ"ro"ert! #.

8n!Ba!s, 4im =eslie, as heard on the audio record o1 the 8ugust 09th, 0,(0 and had an e/tended discussion, on the
record, Bith 4udge 61erraEEa aAout holding -em"leton and DaBson i1 not 7atson as Bell# to their suA"oenas....-hen
6e"temAer +th, 0,(0 roles around and again DaBson and -em"leton do not shoB u", and again =eslie 1ails to mo;e 1or a
continuance, des"ite m! requests that he do so. Nicole 7atson, =uc! B!ington, )oAert DaBson, and Colton -em"leton
all a""ear in the ;ideo o1 the arrest scene and the moments minutes "rior to the "olice arri;ing. 2 1ilmed those ;ideos and
am aAsolutel! certain that the 1aces a""earing in the ;ideos and associated still "ictures 1rame ca"tures# and m! oBn e!e
Bitness recollections maDe certain that the! all are material "erci"ient Bitnesses Bho e!e Bitnessed matters o1 material
rele;ance to this trial. 8ll should Ae suA"oened, and all should Ae in Cail on contem"t charges 1or 1ailing to a""ear.
DaBson admitted to me that =eslie 1ailed to insure DaBsonFs a""earance at either the 8ugust 09th or 6e"temAer +th,
0,(0 ?otion to 6u""ressH-rial dates. -hat is mal"ractice and "ro1essional misconduct. $lease "lace a co"! o1 this
1ormal Britten com"laint in ?r. =eslie and ?r. BoslerFs em"lo!ment and "ersonnel 1iles. .urther, 2 demand to DnoB Bh!
4oe <oodnight Bas taDen o11 the case on the da! o1 trial, and thereA! "reCudicing m! case in the e/treme. $lease re"l! in
Briting.

$lease maDe sure !ou ha;e re;ieB e;er! email 2 e;er sent to or recei;ed 1rom 4oe <oodnight in !our "re"aration, ?r.
=eslie, and all the linDed to or attached media therein.

%h, Nate Zarate Bill need to Ae there on %ctoAer (+th, 0,(0 at the -rialFs resum"tion in )C)0,((>,'334(, as Bell, in
"articular to e/"lain his testi1ing under oath that he "ersonall! e!e Bitnessed Coughlin recei;ing the i"hone 1rom the
Gman Bith a si/ "acDG Bhen, clearl!, on the attached ;ideos he admits that he did not "ersonall! e!e Bitness that, Aut
rather....BhatI -his is a quiE.

%h, ?r. =eslie, on the record at -rial, demonstrated that he Bas con1used in thinDing it Bas Core! <oAle Bho assaulted
Coughlin Bith a deadl! Bea"on A! checD sBinging a sDate Aoard at CoughlinFs heads more than once ca"tured on the
attached ;ideo#...actuall!, it Bas )oAert DaBson Bho checD sBung the sDate Aoard at Coughlin, and it Bas Core! <oAle
Bho 1licDed liDe a high s"eed "roCectile his lit cigarette 1rom the hand Bith ..5.C.P. tatooed on his DnucDles# at
CoughlinFs le1t should, 1rom 0 1eet aBa! also ca"tured, again A! Coughlin, on the attached ;ideo...all o1 these
e/cul"ator! media materials ha;e "re;iousl! Aeen "ro;ided =eslie, !et he re1uses to utiliEe them, Aut rather, as ca"ture on
- 287/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
audio 1rom the -rial, attem"ts to coerce 1rom Coughlin, CoughlinFs right to decide Bhether or not to testi1!, and, i1 so,
Bhen and to Bhat e/tent#.



6incerel!,
Zach Coughlin
)eno $olice De"artment
4++ E. 0nd 6treet
)eno, NV *9+,0
77+>334>0(7+
<eneral 2n1ormation
2ncident -!"e 3arassment
-em"orar! )e"ort NumAer -((,,+9+'
)e"ort Date ,9H,7H0,(( ,9:3' $?
)e"orting $erson 2n1ormation
Name cuoghlin, Each
3ome 8ddress (0( ri;er rocD 6treet, )eno, NV *9+,(, 56
3ome $hone 77+>33*>*((*
Email Eachcoughlin]hotmail.com
)ace 5nDnoBn
6e/ ?ale
D%B ,9H,(H(977
2ncident 2n1ormation
2ncident =ocation ( North center 6treet, )eno, NV *9+,(
2ncident -ime start# ,9H,0H0,(( ,9:(+ $?
2ncident -ime end# ,9H,0H0,(( ,9:++ $?
=ocation -!"e Vacant, Em"t! =ot
2ncident Descri"tion 2 Bas Aattered A! %11icer NicD Duralde on *H0,H(( at a""ro/ ((:3,"m. 3e
touched m! "enis, Aare sDins on his hands se;eral 1ingers touched m! "enis
during his 62-8. Duralde also slammed m! head doBn into the to" o1 the
trunD o1 his "olice car.
2 Bas arrested that night, hoBe;er, %11icer Duralde re1used to arrest an! o1 the
3 indi;iduals Bho assaulted and Aattered me on the Aridge leading to the
6iena, 1urther he re1used to collect identities o1 the other 0 main assailants in
addition to one, Cor! <oAle. -hese !oung men tried to steal m! AiDe and m!
dog and one attem"ted to reach into m! shortFs "ocDet and taDe something.
-he acted in the conte/t o1 a moA o1 !oung sDater !outh surrounding me on
the Aridge and AacDing me u" ;er! near the oncoming one Ba! tra11ic and
re1used m! "lease to let me mo;e Bith them AacD to the sa1er sDate "laEe,
considering m! dog, AiDe, and the oncomign tra11ic, and their moA liDe
Aeha;iour. -here Bere a""ro/imatel! 0, sDater !ouths surrounding me until
%11icer Duralde shoBed u" and started u" Bith his "enis touching and rights
tram"ling act. )oA DaBson Bas Bith one o1 these main assailants on 9H0H((
1or Bhich Durio and Barnes cite )((047(3,0
on 9H0H(( 2 Bas assaulted and Aattered A! a his"anic Boman, a""ro/. 0, !o,
Bhom %11icer Barnes inter;ieBed, a1ter 2 called 9(( Bhen 2 again came across
her on the street at ( N. Center 6t. sDate "laEe. Barnes admitted to me that the
assailant admitted 1licDing m! AaseAall ca" o11 m! head. Barnes admitted that
he 1ailed to asD the assailant i1 she hit me in the AacD o1 m! head as 2 Bas
- 288/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
retreating 1rom her onslaught o1 ;erAal threats and aggresi;e gesticulations.
Barnes said Gno, 2 didnFt asD her, it doesnFt matter an!Ba!sG. .urther, also in
the same sDate "laEe on 9H0H(( )oA DaBson, 0, o1 )eno made ;erAal threats
to me and assaulted me Bith a deadl! Bea"on, a sDate Aoard cocDed AacD and
checD sBung ;er! hard 0 1eet 1rom me re"eatedl!. 2 Cum"ed AacD se;eral 1eet
re"eatedl!.
$erson 2n1ormation
No 1
Name Cuoghlin, Zach
Em"lo!er Name Eachcoughlin]hotmail.com
3ome 8ddress (0( ri;er rocD 6treet, reno, NV *9+,(, 56
3ome $hone 77+>33*>*((*
Email Eachcoughlin]hotmail.com
$rint -his )e"ort
Close 7indoB
--Forwarded Message Attachment--
This incident has been reported to the
Reno Police Department
and is pending approval
)eno $olice De"artment
4++ E. 0nd 6treet
)eno, NV *9+,0
77+>334>0(7+
<eneral 2n1ormation
2ncident -!"e )esidential Burglar!
-racDing NumAer -(0,,,0(9
)e"ort Date ,(H,*H0,(0 ,(:3+ 8?
)e"orting $erson 2n1ormation
Name Coughlin, Zach
3ome 8ddress (400 East 9th 6treet, 0, )eno, NV *9+(0, 56
3ome $hone 77+>009>'737
Email Eachcoughlin]hotmail.com
Em"lo!er Name Zach Coughlin, Esq.
7orD 8ddress (0( )i;er )ocD 6treet, reno, NV *9+,(, 56
7orD $hone 77+>33*>*((*
)ace 5nDnoBn
6e/ ?ale
D%B ,9H,(H(97'
2ncident 2n1ormation
- 289/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2ncident =ocation (0( ri;er rocD 6treet, )eno, NV *9+,(
2ncident -ime start# (0H(0H0,(( ,(:0+ 8?
2ncident -ime end# ,(H,*H0,(0 ,(:0+ 8?
=ocation -!"e )etail 6tore
?ethod o1 Entr! 5nDnoBn
2ncident Descri"tion
i also Bant to re"ort a -res"ass A! 4oel Durden, "rocess ser;er 1or Ne;ada
Court 6er;ices on or aAout %ctoAer 0,th, 0,((. ?r. Durden and an associate
1rom Ne;ada Court 6er;ices assaulted m! laB "ractice and tres"assed Aehind
the AacD gate into the AacD !ard to Aang on AacD room BindoBs. 9ou gu!s 1elt
it necessar! to do a custodial arrest on me 1or tres"ass, Bell, hoB aAout 1or
themI 6ee attached "leading. Case! BaDer, Esq. re"orted the Aurglar! o1
a""ro/ (0 (0 (( to me in an email on (0 (4 ((, see attached "leading.
8lso, richard hill, esq. Bithheld m! 6tate o1 Ne;ada dri;erFs license 1rom
No;emAer (+th, 0,(( to No;emAer 00nd 0,(( and contriAuted to the 1alse
arrest against me 1or tres"ass 1rom No;emAer (0, 0,((, l!ing to %11icer Carter
and =o"eE aAout Bhether his o11ice had sent me a Aill 1or the 1ull rental ;alue
o1 the "ro"ert! 1or No;emAer 0,((. %11icer Carter indicated that )ichard 3ill,
Esq. "a!s him a lot o1 mone! and there1ore, %11icer Carter arrests Bho
)ichard 32ll sa!s to and does Bhat )ichard 3ill tells him to do.
8lso, 2 Bas arrested on 8ugust 0,th, 0,((, Brong1ull! and am hereA!
com"laining o1 the lies Nate Zarate told, %11icer Duralde touching m! "enis
and conducting an im"ermissiAle search "rior to a search incident to arrest,
%11icer )osa attem"ting to e/tort a consent to an im"ermissiAle search A!
threatening to de1ame me to the 6tate Bar o1 Ne;ada, etc. etc.
$ro"ert! 2n1ormation
No 1
-!"e CameraH$hoto Equi"ment
6uAt!"e 8uto 7inder .or Camera
3oB ?an! 0(
?arDet Value L# *,,,.,,
$ro"ert! Descri"tion "lease see attachments 1or detailes
CONCLUSION
-he undersigned hereA! request this Court consider these materials "resented herein in
deciding u"on this matter.
AFFIRMATION AND DECLARATION
- 290/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I declare, pursuant to NRS 53.045, under penalty of perjury under the laws of the State
of Nevada that the information contained herein is true and correct to the best of my
knowledge (though some assertions are made upon information and belief) and that this
document does not contain any social security numbers, pursuant to NRS 239B.030, an
affirmation to that effect this hereby is.
D8-ED this %ctoAer (*th, 0,(0:
ZHsH Zach Coughlin
Zach Coughlin, Esq.
De1endantH Co>Counsel 1or Coughlin
- 291/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
$)%%. %. 6E)V2CE
%n this date, 2 caused a co"! o1 the 1oregoing document s to Ae ser;ed u"on the 1olloBing A!
sending to their registered email address and 1a/ numAer as 1ound on BBB.n;Aar.org, and or hand
deli;er! to dro"slot or 1ront desD and or A! "lacing a true and correct co"! o1 the 1oregoing
document in the 5.6. mail addressed to:
Zachar! N. 9oung, Esq.
7ashoe Count! D8
( 6outh 6ierra $.%. Bo/ 3,,*3
)eno , NV *9+0,
$hone NumAer: 77+>30*>30,, .a/ numAer: 77+>30+>'7,3
Email: E!oung]da.Bashoecount!.us
4im =elsie, Esq.
7ashoe Count! $uAlic De1enderFs %11ice
$.%. Bo/ 3,,*3 )eno , NV *9+,9
$hone NumAer: 77+>337>4*'* .a/ numAer: 77+>337>4*+'
Email: Cleslie]Bashoecount!.us
D8-ED this %ctoAer (*th, 0,(0:
HsH Zach Coughlin
Zach Coughlin, Esq.
De1endantH Co>Counsel 1or Coughlin
- 292/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2Nde/ to E/hiAits
(. E/hiAit (: ;arious rele;ant materials, including V2DE%,,99 and V2DE%,(,,, all three 9(( calss
0 A! <oAle, one A! Coughlin#, three ;ideos A! Coughlin o1 night o1 arrest one including the 1irst
+:++ that %11icer Duralde Bas on the scene, the "olice re"orts and Bitness statemnts, in;estigator!
inter;ieB audio and ;ideo, documetnar! e;idence: ( CD and (,,(+ "ages o1 documents
a courtes! digital co"! o1 this 1iling and its e/hiAit is 1ound here: htt"s:HHsD!dri;e.li;e.comHredirI
residJ43,*4'3*.30.+.0*K3',,
- 293/293 -
?%-2%N .%) ?26-)28= 8ND ?E?%)8ND5? %. =87