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EXHIBIT 1

EXHIBIT 1
FW: DV09-01168 issues
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 8/22/13 12:50 PM
To: rhill@richardhillaw.com (rhill@richardhillaw.com)
29 attachments
5 28 09 email from Michelle.Purdy@washoecourts.us 0204 01168
54844 - Copy.pdf (31.3 KB) , 6 28 11 0204 01955 RE Rejection of
email to 2JDC whether Elliott CAAW Assignement in 01955 was truly
random.pdf (148.6 KB) , 5 20 09 0204 01168 email from
cindy.fladager to michelle.purdy@washoecourts.us dv08-01168
email.pdf (14.6 KB) , 5 20 09 0204 ocr 0434 0435 62337 Reply to
Opposition 28 pages DV08-01168-1083206 (Reply...).pdf (853.7 KB)
, 5 21 09 0204 01168 2JDC L Gardner's Order Denying Request for
Reconsideration.pdf (353.6 KB) , Judges and Court Clerks Violate the
Law when Your Court Filings are Denied or Disappear.pdf (797.2
KB) , 1 29 2012 letter to Clerk of Court Orduna Hastings regarding
Eflex rejections with attachments 41 pages total.pdf (957.8 KB) , 6 19
09 0204 62337 ocrd 01955 01168 FOFCOLDOD Final Order or
Decree of Divorce in Joshi 01168 overrides FHE3 4 13 09 Ord.pdf
(166.4 KB) , 11 14 12 0204 62337 Transcript Order Delivery for
170008.zip (1586.5 KB) , 11 14 12 0204 Transcript of Hearing with
Index 170008ch-Full.pdf (697.8 KB) , 1 15 10 Isakson D14 L.
Gardner and Springgate WLS Client DV09-00163 0204 01168 01955
54844 reduced.pdf (1123.5 KB) , DV09-00163 - GASPAR ISAKSON
VS NANETTE ISAKSON (D14) 0204 DOCKET SPRINGGATE BK
APPROACH LOOKIN' SOLID 01168.pdf (132.1 KB) , 5 1 09 email
and attached WLS Elcano letter citing L. Gardner Order as sole reason
for firing 60302.pdf (75.5 KB) , 5 7 09 0204 01955 WLS Elcano
termination letter zachcoughlin040709.pdf (23.2 KB) , 4 20 09 0204
01955 54844 Coughlin's email Employment Complaint of Zach
Coughlin, Esq to kathy@kbreckenridgelaw.com Breckenridge.pdf
(66.6 KB) , 4 19 09 personal and confidential email to Elcano 752pm
60302 0435.pdf (29.9 KB) , 4 24 09 email from Breckenridge 0204
01955 WLS needs attach.htm (9.5 KB) , 4 20 09 0204 01168 WLS
Elcano's letter to Coughlin placing on administrative leave serious
allegation professional misconduct 0204.pdf (426.2 KB) , 5 26 09
0204 01168 email from 2JDC Fladager responding to Coughlin's
inquiry of 5 24 09 re 5 20 09 filing not filed prior to 5 21 09 Order.pdf
(221.6 KB) , 5 26 09 email from Springgate 0204 54844 0204 re wdcr
9 proposed final decree he says he did his discovery in the 16.1.htm
(11.7 KB) , 10 28 09 0204 62337 54844 20 page Petition for Writ of
Mandamus Coughlin v 2JDC, Judge Linda Gardner sanction WLS fires
Coughlin 26405 her brother RMC 26800 60302 01955.pdf (20.7 KB) ,
5 28 09 email to 2JDC RE DV08-01168 0204.pdf (207.7 KB) , 5 28
09 0204 62337 01168 Coughlin email to WLS Ashley fw wdcr 9
Proposed detailing alimony BK issues.pdf (118.7 KB) , 5 14 09 0204
62337 01168 WDCR 23 violating WLS
mashley@washoelegalservices.org 0204 01955 01168.pdf (188.5
KB) , 5 21 09 Springgate's Prop FOFCOLDOD 0204 01168 01955
email Springgate w 5 21 12 Req Sub Prop Ord spare sanct compare 4
10 09 Ord.pdf (128.0 KB) , 5 24 09 email to Springgate 0204 01168
WDCR 9 Proposed Final Decree, RE discovery requests.pdf (15.4
KB) , 5 27 09 DV08-01168_1084475 WLS's Ashley's Mtn to Correct
Proposed Decree 0204 0435 60302 62337 .pdf (98.6 KB) , 6 18 12
26405 transcript 4 per page 0204 bw.pdf (1194.8 KB) , 11 7 12 0204
62337 bates 3018 to 3043 2JDC Judge Linda Gardner NG12-0435
grievance fileocrd.pdf (2.4 MB)
Dear Mr. Hill,
I am not sure it is required, but to avoid any appearance of ex parte
communications, I am copying you on this.
Sincerely,
Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667
7402 ZachCoughlin@hotmail.com
From: zachcoughlin@hotmail.com
To: cindy.fladager@washoecourts.us
CC: joey.hastings@washoecourts.us; jgarin@lipsonneilson.com; judge.hardy@washoecourts.us;
david.hardy@washoecourts.us; aocmail@nvcourts.nv.gov; bhutchins@judicial.state.nv.us;
dfsarnowski@judicial.state.nv.us; kpickering@nvcourts.nv.gov
Subject: DV09-01168 issues
Date: Thu, 22 Aug 2013 12:47:50 -0700
Ms. Fladager,
I have a couple of questions.
I am writing to complain about the fact that the WCDA DDA Young has had greater access to the ROA in
several cases, including CR13-0614 than I, a non efiler, have been accorded. Whereas Young has access to
a digital copy of the over 500 page ROA in CR13-0614 Coughlin has been refused a digital copy thereof,
and, despite the fact that numerous counter clerks have indicated to Coughlin that all criminal
defendants are entitled to one free copy of every filing in their cases, Michelle Purdy and Julie Wise have
order clerks not to allow Coughlin such a free copy of filings in his cases, including the ROA (or "Justice
Court Appeal") in CR13-0614.
As to DV08-01168, and the removal of Coughlin from the list of those afforded eFlex access during a very
exigent time, how does such comport with WDCR 23:
WDCR Rule23.Appear ances; substitutions; withdr awal or change of attor neys....
2.Counsel in any case may be changed:
(a)When a new attorney is to be substituted in place of the attorney withdrawing, by the written consent of both
attorneys and the client, all of which shall be filed with the court and served upon all parties or their attorneys who have
appeared in the action; or
(b)By order of the court, upon motion and notice as provided in these rules, when no attorney has been retained to
replace the attorney withdrawing;
(1)If such motion is made by the attorney, counsel shall include in an affidavit the address, or last known
address, at which the client may be served with notice of further proceedings taken in the case in the event the application
for withdrawal is granted, and counsel shall serve a copy of such motion and supporting papers upon the client and all
other parties to the action or their attorneys; or
(2)If such motion is made by the client, the client shall state therein the address at which the client may be served
with notice of all further proceedings in the case in the event the application is granted, and shall serve a copy of the
application upon the attorney and all other parties to the action or their attorneys.
3.Any form of order permitting withdrawal of an attorney submitted to the court for signature shall contain the
address at which the party is to be served with notice of all further proceedings.
4.Except for good cause shown, no application for withdrawal or substitution shall be granted if a delay of the trial
or of the hearing of any other matter in the case would result. Discharge of an attorney may not be grounds to delay a trial
or other hearing.
5.A corporation may not appear in proper person.
Asst. Clerk of Court Wise and Michelle Purdy (and, formerly Appeals Clerk Lori Matheus) take an incredibly strict (and,
inventive, even) approach to technical rules when it comes to Coughlin, yet, the WCDA's Officer and Inside Baseball
power players like Washoe Legal Services Elcano, get a pass, some might say. Why is WLS able to have Coughlin
"substituted out" without the "signature of both attorneys" without any motion, etc.?
Further, problematic is the fact that the eflex number accorded to Coughlin's 5/20/09 Reply in that Joshi matter is
numerically subsequent to the Order denying the Motion. And, there does not seem to be a Request to Submit sufficient
to have Coughlin's 4/30/09 Motion and Springgate's 5/12/09 Opposition put to Judge L. Gardner, and certainly not soon
enough for her to craft a 7 page Order. Additionally, Coughlin's 5/20/09 Opposition (which was filed using the dropbox
required by WDCR 10 that the 2JDC continues to fail to provide in what some might say is an impermissible arm twisting
attempt to make litigants sign up for eFlex) has two file stamps on it, one crossed out.
Additionally, can you please indicate why you sent Coughlin an email of 6/28/09 requesting that he resubmit his
Complaint against Washoe Legal Services and indicate whether there was some impermissible attempt to game the random
assignment of cases sufficient to result in 2JDC Judge Elliott being assigned CV11-01955 in Coughlin's lawsuit against
CAAW and WLS where Judge Elliott sat on CAAW's Executive Board, and never disclosed such to Coughlin and failed
to recuse himself? Certainly, these peculiarities in DV08-01168 and the ensuing wrongful termination litigations in CV11-
01896 and CV11-01955 are noteworthy given the spate of Eflex rejections of Coughlin' filing in the first quarter of 2012 (19
of 23 filings rejected at one point, many of which were of an exigent nature and submitted in the two Coughlin v. WLS
wrongful termination suits) combined with the Washoe County Sheriff's Office failure to timely serve the defendants in
CV11-01896 despite Coughlin having an IFP on file, where 60302 (and 60317) reveal the extent to which those cases were
largely gutted due to such failure to timely serve the defendants where Coughlin's Motions for Extension of Time To
Serve (which both took approximately five attempts to get Appeal Clerk Lori Matheus to accept for filing) were denied, to
Coughlin's extreme prejudice (no matter whether the Order indicated such dismissals were "without prejudice" where the
running of the 90 days from "receipt of EEOC right to sue letter" occurred in the interim and arguably, effectively
foreclosed Coughlin's refiling such Complaints.
Interestingly, that same "receipt" concept became exceedingly relevant incident to the Washoe County Sheriff's Office
numerous burglaries of Coughlin's former home law offices and rentals (see Rev2011-001708, Rev2012-000374, Rev2012-
001048, RCR2012-067980, RMC 12 CR 12420, etc) given the "within 24 hours of receipt of the order" language in NRS
40.253(5)(a) with respect to how lockouts are to be carried out in the context of a summary removal order within a summary
eviction case.
Perhaps not so surprisingly, 2JDC Judge L. Gardner's brother RMC Judge W. Gardner, did not find Coughlin's arguments
compelling in the criminal trespass case against Coughlin (see 61901 SCR 111(4) Petition in N. S. Ct) incident to opposing
counsel in CV11-03628 burglarizing Coughlin former home law office with the WCSO in tow on 11/1/11, and again, but with
the RPD along for the fun, on 11/13/11. Russell v. Kalian, 414 A.2D 462. Iorio v City of New York, 96 Misc.2D 955. Mayes
v. UVI.
Speaking of NCJC Canon 2, Rule 2.15 and reporting misconduct (there by RMC Judge W. Gardner) to an "appropriate
authority", 2JDC Judge L. Gardner's apparent failure to contact the SBN or otherwise take "appropriate action" (well,
unless one counts poisoning the well of RMC Judges via impermissible extra judicial communications against Coughlin in
11 CR 22176 (see 60838), 11 CR 26405, 11 TR 26800 (see 62337), 12 CR 00696, 12 CR 12420 as taking "appropriate action", to
whatever extent passing the 4/13/09 Order After Trial (FHE3 at Coughlin's 11/14/12 formal disciplinary hearing) to her own
brother (an "appropriate authority"?)
Further, a really detailed review of the Certificates of Mailing in all filings in DV08-01168 subsequent to Coughlin's removal
from the list of those allowed to access it on eFlex reveals some rather, uh, interesting, things.
Additionally, the docket entry in FV09-00886 Uribe v. Valdez, indicating Washoe Legal Services Board President K.
Breckenridge ordered, on 4/10/09 the audio recording of a 3/12/09 TPO hearing wherein Coughlin represented a male
victim of domestic violence (where Coughlin complained to Elcano that WLS's Sternlicht told a room full of individuals
seeking services, which included two males, that "males cannot be victims of domestic violence"), which is particularly
interesting timing considering WLS's Exec. Director Elcano's indications in his letters to Coughlin on 5/1/09 and 5/7/09 as
to exactly why (with limiting language) Coughlin was suspended and then fired on 5/14/09. Interestingly, despite 2JDC
Judge L. Gardner's 6/19/09 Order vitiating Elcano's rationale for firing Coughlin where such order vacating the attorney fee
sanction that Springgate was able to garner in invoking NRS 7.085 in his closing argument (the incorporation of NRCP 1
therein making problematic Springgate's failure to serve any filing ready sanctions motion, much less allow the passing of
the required 21 day safe harbor). Of course, Hill's and Baker's burglary entails an RPC 8.3 burden as well.
However, Elcano still showed up to Coughlin's 11/14/12 formal disciplinary hearing (where the SBN violated SCR 105(2)(c)
in only constructively noticing Coughlin that Elcano was to be a witness the day before the hearing, rather than providing
the required "30 days written notice) and testified as though the 4/13/09 Order After Trial had not been superseded by the
6/19/09 Final Decree of Divorce.
Interestingly, another case involving Coughlin, Springgate, and 2JDC Judge L. Gardner illustrates one of the very reasons
why entering into the proposed settlement agreement that Springgate accused Coughlin of being "vexatious" for failing to
coerce his client into accepting. Isakson, DV09-00163.
Somehow between Springgate's 5/21/09 Proposed Decree and Request for Submission thereof (in which Springgate, whom
failed to serve such on Coughlin indicates that WLS saw no problems with such 5/21/09 Proposed Decree, which includes
an attorney's fee sanction and failed to award Mrs. Joshi alimony (whether Coughlin is not considered a "party" under
WDCR 9 does not stop the SBN from attempting to apply offensive collateral estoppel to a vacated 4/13/09 Order After
Trial, sufficient to "prove" by "clear and convincing evidence" that Coughlin violated a multitude of Rules of Professional
Conduct incident to successfully obtaining alimony for Mrs. Joshi.
I appreciate your response to these matters.
Sincerely,
Zach Coughlin
--Forwarded Message Attachment--
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WLS
From:
Kathy Breckenridge (kathy@kbreckenridgelaw.com) You moved this message to its current
location.
Sent: Fri 4/24/09 9:27 AM
To: zachcoughlin@hotmail.com
1 attachment
Coughlin ltr Apr23, 09.pdf (4.4 KB)
--
Kathleen T. Breckenridge, Esq.
Kathleen T. Breckenridge, Ltd.
462 Court Street
Reno, NV 89501
(775) 786-5055
(775) 786-8449 (fax)
This email is confidential and may be privileged and may be
privileged attorney-client communication intended only for the
person(s) named in this email. Examination, use, copying or
dissemination of these materials by person(s) other than the intended
recipient(s) is strictly prohibited. If you received this
communication in error, please contact Kathleen T. Breckenridge,
Ltd., by telephone and return the original message to such firm by
mail. We will gladly reimburse all telephone and postage expenses.
--Forwarded Message Attachment--
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Re: WDCR 9 Proposed Final Decree, RE: discovery requests
From:John Springgate (springgatelaw@sbcglobal.net) You moved this message to its current location.
Sent: Tue 5/26/09 5:14 PM
To: zachcoughlin@hotmail.com
1 attachment
20090526171158758.pdf (345.0 KB)
1. The proposed order was filed May 21. I have attached a copy via
pdf. I kept it very sparse on the sanctions.
2. The bankruptcy concerns are not your issue, she is not your
client.
3. I did my discovery in the 16.1.
/s/ John
Zach Coughlin wrote:
> Hi Jon,
> Have you submitted a Final Decree or Findings of Fact yet? Will you
> be providing me a copy. Apparently, I am not able to access efile
for
> this case, so I assume that means you could not serve me such a
> document via efile. Do you intend to assert that I am not entitled
> to a copy of the proposed order, pursuant to WDCR 9? If I am, I
have
> 5 days to object to it, etc...I know we previously discussed
language
> for bankruptcy concerns in our settlement discussion, but I feel it
is
> important for the final order to specify what is for what so that
any
> 523-a-15 or 523-a-5 issues do not become problematic; granted she
is
> WLS's client...However, to the extent that the Final Decree spells
out
> the sanctions, I believe I am entitled to 5 days to review any
> proposed Final Decree prior to your submitting it. Please let me
know
> what you intend to do. Hopefully you received my Reply to your
> Opposition. Can you respond to my earlier question, see below,
> regarding whether you ever sent any discovery requests to Ms.
Joshi?
> Sincerely,
> Zach Coughlin
>
> -------------------------------------------------------------------
-----
> From: zachcoughlin@hotmail.com
> To: springgatelaw@sbcglobal.net
> Subject: discovery requests
> Date: Mon, 18 May 2009 09:43:17 -0700
>
> Hi John,
> Do you have any record of sending any discovery requests to Bharti
> Joshi? If so, could you indicate what they were and when and
provide
> a copy?
> Sincerely,
> Zach Coughlin, Esq.
>
>
>
>
> -------------------------------------------------------------------
-----
> Insert movie times and more without leaving Hotmail. See how.
> <http://windowslive.com/Tutorial/Hotmail/QuickAdd?
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WLS
From:
Kathy Breckenridge (kathy@kbreckenridgelaw.com) You moved this message to its current
location.
Sent: Fri 4/24/09 9:27 AM
To: zachcoughlin@hotmail.com
1 attachment
Coughlin ltr Apr23, 09.pdf (4.4 KB)
--
Kathleen T. Breckenridge, Esq.
Kathleen T. Breckenridge, Ltd.
462 Court Street
Reno, NV 89501
(775) 786-5055
(775) 786-8449 (fax)
This email is confidential and may be privileged and may be
privileged attorney-client communication intended only for the
person(s) named in this email. Examination, use, copying or
dissemination of these materials by person(s) other than the intended
recipient(s) is strictly prohibited. If you received this
communication in error, please contact Kathleen T. Breckenridge,
Ltd., by telephone and return the original message to such firm by
mail. We will gladly reimburse all telephone and postage expenses.
--Forwarded Message Attachment--
Close Print
Re: WDCR 9 Proposed Final Decree, RE: discovery requests
From:John Springgate (springgatelaw@sbcglobal.net) You moved this message to its current location.
Sent: Tue 5/26/09 5:14 PM
To: zachcoughlin@hotmail.com
1 attachment
20090526171158758.pdf (345.0 KB)
1. The proposed order was filed May 21. I have attached a copy via
pdf. I kept it very sparse on the sanctions.
2. The bankruptcy concerns are not your issue, she is not your
client.
3. I did my discovery in the 16.1.
/s/ John
Zach Coughlin wrote:
> Hi Jon,
> Have you submitted a Final Decree or Findings of Fact yet? Will you
> be providing me a copy. Apparently, I am not able to access efile
for
> this case, so I assume that means you could not serve me such a
> document via efile. Do you intend to assert that I am not entitled
> to a copy of the proposed order, pursuant to WDCR 9? If I am, I
have
> 5 days to object to it, etc...I know we previously discussed
language
> for bankruptcy concerns in our settlement discussion, but I feel it
is
> important for the final order to specify what is for what so that
any
> 523-a-15 or 523-a-5 issues do not become problematic; granted she
is
> WLS's client...However, to the extent that the Final Decree spells
out
> the sanctions, I believe I am entitled to 5 days to review any
> proposed Final Decree prior to your submitting it. Please let me
know
> what you intend to do. Hopefully you received my Reply to your
> Opposition. Can you respond to my earlier question, see below,
> regarding whether you ever sent any discovery requests to Ms.
Joshi?
> Sincerely,
> Zach Coughlin
>
> -------------------------------------------------------------------
-----
> From: zachcoughlin@hotmail.com
> To: springgatelaw@sbcglobal.net
> Subject: discovery requests
> Date: Mon, 18 May 2009 09:43:17 -0700
>
> Hi John,
> Do you have any record of sending any discovery requests to Bharti
> Joshi? If so, could you indicate what they were and when and
provide
> a copy?
> Sincerely,
> Zach Coughlin, Esq.
>
>
>
>
> -------------------------------------------------------------------
-----
> Insert movie times and more without leaving Hotmail. See how.
> <http://windowslive.com/Tutorial/Hotmail/QuickAdd?
ocid=TXT_TAGLM_WL_HM_Tutorial_QuickAdd1_052009>
> -------------------------------------------------------------------
-----
> Windows Live: Keep your life in sync. Check it out.
> <http://windowslive.com/explore?
ocid=TXT_TAGLM_BR_life_in_synch_052009>
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PERSONAL AND CONFIDENTIAL
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 4/19/09 7:52 PM
To: Paul Elcano (pelcano@washoelegalservices.org); zcoughlin@washoelegalservices.org
THIS MESSAGE IS INTENDED FOR PAUL ELCANO ONLY, PLEASE DO NOT READ UNLESS YOU ARE THE INTENDED
RECIPIENT.
Paul Elcano, Executive Director
Washoe Legal Services
299 S. Arlington Ave.
Reno, NV 89501
April 15
th
, 2009
Dear Paul,
I wish to make another formal complaint alleging a hostile work environment that includes harassment, sexual
harassment, workplace bullying, discrimination and other prohibited conduct directed towards due to my race, gender,
religion, national origin, political affiliation, sexual orientation, and age.
I have been harassed, sexually harassed, and discriminated against by employees of Washoe Legal Services on many
occasions. This is ongoing. I have informed you and others at our workplace of this harassment many times. Some, but
not all, of the prohibited behavior directed towards me includes inappropriate sexually charged comments, racially
charged comments, gender discrimination, screaming, the use of disparaging and foul language, bullying, and
intimidation. Much of this conduct has focused on my gender, sexual orientation, national origin, political affiliation or
viewpoint, race and other immutable characteristics. This conduct has continued to occur and is presently ongoing. Marc
Ashley, Karen Sabo, and J ohn Sasser were definitely made aware of this by me in one of our sit down meetings and I
informed them of my wish to file a formal complaint at that time, though I do not believe my request was followed up on.
I recently filed a formal complaint approximately two months ago but have yet to hear back from anyone with Washoe
Legal Services regarding that complaint.
I am in no way going to detail every single inappropriate or prohibited act by a Washoe Legal Services employee directed
at me in this communication. It is my firm desire that we all just get along, serve our clients well, and make efficient use
of the grants bestowed upon us, and I would hate to see anyone lose their job without a real opportunity to address these
issues. This inappropriate conduct has included a variety of activities, not all of which I will be able to fully detail in this
complaint but will be able to provide details at an appropriate time.
I would like a copy of this and my other complaints placed in my employment file. I request that the formal complaint
and grievance process begin soon.
Sincerely,
00001
Zach Coughlin, Esq.
Rediscover Hotmail: Get e-mail storage that grows with you. Check it out.
00002
Paul Elcano, Executve Director
Marc Ashley, Esq.
Larry Belasco, Esq.
Sarah Class, Esq.
Zach Coughlin, Esq.
Erin Chng, Esq.
FfI,
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1 OfBS fBB
BDO, NV
BBfZBCD,
Melissa anaracina,Esq.
Karen P er, Esq.
Karen Sa 0, Esq.
Caryn St cht, Esq.
Jon Sasse , Esq.
Wasoe
Legl
Services
UB O SBfIOUS BBgBIODS O fOB SIODB RISCODDUC, yOU DBVB DBBD BCBD OD
BDRIDISfBIVB BBVB WID By BBC IVB IRRBDIBBy.
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299 South Arlington Ave. Reno, Nevada 89501
Fa: 775.324.5509
00003
Close Print
employment complaint of Zach Coughlin, Esq.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 4/20/09 4:30 PM
To: kathy@kbreckenridgelaw.com
2 attachments
Letter to Board President Breckenridge.doc (39.0 KB) , Complaint for Washoe Legal Services
Board.doc (26.0 KB)
NB: attachments contain the same as that which is pasted below:

Kathleen T. Breckenridge, Esq.
Board President, Washoe Legal Services
Kathleen T. Breckenridge Ltd.
462 Court Street
Reno, NV 89501

April 20
th
, 2009

Dear Kathleen,

Normally I would not write to you at this juncture in the process, however, you apparently are already aware of
some situation now existing between Washoe Legal Services and myself. I do not know whether you are aware
that I had already filed complaints and or grievances with Washoe Legal Services and am awaiting a response.
This communication is intended to make sure that you are aware of this.
I am concerned for my clients and wish to have access to my office and files so that I may comply with the Rules
of Professional Responsibility. Further, one case, the Bharti Joshi matter contains a ruling that orders me to
personally pay attorneys fees to the opposing party. Reconsideration of this Order after Trial must be sought
immediately and I would like some indication from Washoe Legal Services as to whether I am allowed to seek
such reconsideration. I intend to seek to have this order reconsidered and would like some direction as to whether
you, the Board, or Washoe Legal Services intends to continue to, in some way, prevent me from having a chance
to have my personal liability in that case reconsidered in addition to preserving the clients avenues for
reconsideration.

Paul Elcano, Executive Director of Washoe Legal Services, has directed me to have no involvement in any of my
cases, and to refrain from entering the building at 299 S. Arlington Avenue regardless of any duty I may have
00004
under the Rules of Professional Responsibility or otherwise. He indicates this is the Boards directive as well.
He further indicates that he and the Board have decided that I will not be allowed to retrieve anything from my
office until further notice, including my personal belongings. I would like some indication, in writing, that that is
the case, as I feel I have a responsibility to my clients to protect their interests to the fullest extent possible and
that it is impossible to do so while obeying these directives.

I still have yet to be told what it is I am being accused of, or by whom, and I have not been interviewed or
questioned in that regard prior to implementation of the Boards apparent decision to suspend me. Further, the
employment complaints and grievances (and there is more than one) that I filed prior to any such suspension have
yet to be responded to in any way that I am aware of. Whether any retaliation for my complaints is occurring is
certainly up for debate.

I request that I am given proper written notice of what is alleged against me and by whom, that I be in all
appropriate ways included in this process, and that I am allowed to retrieve my personal belongings and take the
appropriate steps to assure the protection of my clients interests.

With regard to being ordered to personally pay attorneys fees in the Joshi divorce matter, I feel I have quite a
strong argument for overturning that Order. Basically, the award of attorneys fees relates to my refusal to accept
a settlement offer whereby my client would agree to taking $1.00 of alimony for five years in exchange for the
opposing party agreeing to be responsible for about $30,000 of consumer debt. This consumer debt was largely
incurred on the opposing partys credit cards, to which my client was not a co-signer or authorized user and was
never allowed to examine any sort of itemized statement of the charges incurred (despite my written requests to
opposing counsel and indication that allowing her to do so would further settlement negotiations). While these
credit card debts were presumptively community property and my client could have her share of the community
property (for which there was none, they are paycheck to paycheck people who dont own a house) used to satisfy
the community credit card debt, she faced no personal liability. This was a 21 year marriage with a $12,000 yearly
income disparity favoring the opposing party. My client had been the primary caregiver to their now 20 year old
children.
I argued against accepting such a settlement (though I certainly informed my client that the decision to go to trial
was largely hers). I anticipated the trial would result in an alimony award to my client of roughly $500 per month,
potentially for over 10 years. Should my client have been ordered to pay half the community credit card debt (for
which her personal property probably could not be used to satisfy as she was not a cosigner on the account), any
subsequent failure on her part to do so could arguably not be used as a proper basis to set off any alimony award
received.
It seems I was ordered to personally pay attorneys fees for failing to accept the settlement and pursuing an
argument that the court did not feel was warranted by existing law. However, as detailed below, there does appear
to be a good deal of existing law supporting the position we took in rejecting the settlement offer. I in no way
told my client to disobey any order of the court. Like many domestic violence cases, the settlement offered
exerted a good deal of inappropriate power and control (a la the Duluth model) over my client and her
rights and I objected to that and am proud for having done so in the face of much arm twisting.

The court in each of the following cases determined that an offset against an arrearage of alimony for payments to
various third parties on behalf of a former spouse, including tuition and sums spent in satisfaction of a bank loan
or credit card charges, would not be permitted.
00005

The court in Morel v Morel (1982, La App 5th Cir) 425 So 2d 1289, cert den (La) 430 So 2d 99, refused to allow
as an offset against delinquent alimony pendente lite and child support several noncomplying expenditures by the
husband, including the payment of the children's tuition, a community debt, when the amount expended could be
recovered by him at the time of the settlement of the marital community, and the payment was not made pursuant
to the spouses' agreement. A request by the wife that the husband make such payments during a later time period
was found irrelevant to the instant indirect payments.
Where the wife testified that she used the credit card to "balance out" household expenses for herself and the
children while the couple was separated, the court in Youngberg v Youngberg (1986, La App 4th Cir) 499 So 2d
329, would not permit an offset against post-divorce permanent alimony and child support arrearages for one-half
of the credit card charges. The husband had been ordered to pay alimony pendente lite and child support during
the period in which the charges were made, but was current in his payments at that time, and asserted that the wife
made the charges without the his permission. The wife maintained that the credit card charges were for expenses
for which the husband was responsible. The court concluded that neither spouse intended such a credit when the
husband paid the credit card account balance, denying the offset apparently based on the lack of evidence of an
agreement between the parties.

In Gottsegen v Gottsegen (1987, La App 4th Cir) 508 So 2d 162, the court disallowed credit against past-due
permanent alimony for pre-award payments made on veterinarian and cable television bills when those items
could not be considered necessary for the wife's support, pursuant to La.R.S. 9:310, which provided for the
retroactive effect of such awards subject to credit for any support provided.
Credit card charges for the purchase of luggage and an airline ticket by the wife immediately prior to separation,
which apparently fell to the husband to pay, were not offset against arrears in alimony pendente lite by the court in
Rauch v Rauch (1988, La App 5th Cir) 535 So 2d 1317, when the husband's claim was not "liquidated" within the
meaning of LSA-C.C. art. 1893, the statutory setoff provision.
Although affirming the lower court's postponement of a decision respecting the husband's right to credit until the
divorce trial because this aspect of the decision was not appealed, the court in Keff v Keff (1983, 3d Dept) 95 App
Div 2d 888, 464 NYS2d 29, remarked that a judgment requiring the husband to pay the full amount of the claimed
arrears in temporary maintenance and child support would have been appropriate, notwithstanding a claimed setoff
for amounts paid by him for attorney's fees owed by the wife. The court noted that the husband neither moved for
relief of the support order, nor proffered any reason for his neglect, and his unilateral reduction of support was
improper.

The court in Gluck v Gluck (1987, 2d Dept) 134 App Div 2d 237, 520 NYS2d 581, concluded that a husband's
payment of the spouses' credit card bills, apparently prior to divorce, could not be offset against arrears in
(temporary) maintenance and child support owed to his wife.

In Bruner v Bruner (1978, La App 2d Cir) 356 So 2d 1101, cert gr (La) 358 So 2d 641, it was held that the trial
court erred in allowing a husband credit or an offset against a claimed arrearage of alimony pendente lite for
payments made by him to third parties on his wife's behalf where the evidence did not show that the payments
were made at the request of, or with the consent of, his wife.
A husband was not entitled to credit against arrears in pendente lite maintenance and child support for voluntary
payments he made to third parties for his wife's and children's benefit, according to the court in Krantz v Krantz
(1991, 2d Dept) 175 App Div 2d 865, 573 NYS2d 738, on the ground that several of the payments also satisfied
00006
the husband's contractual obligations.
Remanding the case for a new trial to determine whether the wife consented to certain payments to third parties in
lieu of alimony and child support arrearages due under a separation agreement, the court in Lopez v Lopez (1980,
App) 125 Ariz 309, 609 P2d 579, observed that support payments, whether for the wife's or child's support, are to
be disbursed by the supported spouse as she sees fit, and the supporting spouse ordinarily is not entitled to credits
against past-due support for monies that he paid to third parties on his own accord and without her consent, unless
equitable exceptions so demand and such an allowance would not do an injustice to the supported spouse. The
husband had requested credit for payments made by him through his insurance company, to doctors and dentists
on behalf of his wife and children, and one-half of the payment made on a lot purchased by him in both parties'
name.

And, in Kerpen v Kerpen (1991, 2d Dept) 172 App Div 2d 496, 567 NYS2d 849, the court refused to credit a
husband with voluntary payments made on behalf of his wife for "club and other items" toward the sum of money
owed by him for maintenance and child support under a pendente lite order.

I feel strongly that existing law did indeed warrant the position we took at trial. The court also took some issue
with my repeated objections to opposing counsel entering exhibits into evidence without providing a copy to me at
the time they were being introduced (indicating that the documents were produced at an earlier stage of the
litigation). However, the courts own Pre-Trial Order indicated that should more than ten exhibits be used at trial,
the introducing party is to provide opposing counsel with copies that are bound, tabbed, and indexed. I believe
more than ten exhibits were introduced into evidence.
There are a number of pressing matters relating to my clients and cases that must be dealt with at once. Further, it
is impossible for me to identify all such matters while being denied access to my files and office. For instance,
Lidia Davenport, your former client, has a deadline of today, I believe, for which to submit a subpoena duces
tecum to the various lenders that Mr. Davenport was able to convince to give him approximately $2,000,000 in
loans (despite his current contention that he is a flat broke ski instructor , even considering the NINJA loan
economic climate of the time), otherwise she will be barred from introducing any evidence related to that request
at trial. We seek to obtain copies of the loan applications filled out by Mr. Davenport for purposes of establishing
his income, which is relevant to both the alimony and property distribution issues. Further, a deadline is fast
approaching to seek reconsideration of Judge Hardys Interim Order after Settlement Conference whereby Mrs.
Davenports monthly spousal support award was reduced to $500.00 and no specific performance, even on a
temporary basis, of the Affidavit of Support obligation was ordered. My research indicates that Mr. Davenport has
a contractual obligation that Mrs. Davenport can seek specific performance of in state court, pursuant to the
language of 8 U.S.C.A. 1183a(e)(1) and the Younis, Cheshire, Stump, and Davis cases. This is true regardless
of whether Mrs. Davenport is seeking to be employed, and perhaps even where she is employed, and even
where such parties have divorced. Am I allowed to file such a motion for reconsideration, according to Washoe
Legal Services?

Further, I would like to file some sort of Summary Judgment Motion in this Davenport case seeking to find out
whether Judge Hardy will rule on the Affidavit of Support obligation as to liability and damages prior to trial in
hopes of avoiding the possibility of having another award personally requiring me to pay attorneys fees.
I request that a copy of all the employment complaints I have provided Washoe Legal Services be included in my
employment file. Also, I request that I be provided a copy of my employment file, to be mailed to my home
address, or that arrangements are made which will allow me to make such a copy.
I regret that I feel the need to send a communication such as this to you and certainly appreciate and respect the
00007
altruistic contributions you make to our community in serving as the Board President for Washoe Legal Services.

Sincerely,

Zach Coughlin, Esq.



From: zachcoughlin@hotmail.com
To: pelcano@washoelegalservices.org;
Subject: PERSONAL AND CONFIDENTIAL
Date: Sun, 19 Apr 2009 19:52:41 -0700
Paul Elcano, Executive Director
Washoe Legal Services
299 S. Arlington Ave.
Reno, NV 89501
April 15
th
, 2009

Dear Paul,
I wish to make another formal complaint alleging a hostile work environment that includes harassment, sexual
harassment, workplace bullying, discrimination and other prohibited conduct directed towards due to my race,
gender, religion, national origin, political affiliation, sexual orientation, and age.

I have been harassed, sexually harassed, and discriminated against by employees of Washoe Legal Services on
many occasions. This is ongoing. I have informed you and others at our workplace of this harassment many
times. Some, but not all, of the prohibited behavior directed towards me includes inappropriate sexually charged
comments, racially charged comments, gender discrimination, screaming, the use of disparaging and foul language,
bullying, and intimidation. Much of this conduct has focused on my gender, sexual orientation, national origin,
political affiliation or viewpoint, race and other immutable characteristics. This conduct has continued to occur
and is presently ongoing. Marc Ashley, Karen Sabo, and John Sasser were definitely made aware of this by me in
one of our sit down meetings and I informed them of my wish to file a formal complaint at that time, though I do
not believe my request was followed up on. I recently filed a formal complaint approximately two months ago
but have yet to hear back from anyone with Washoe Legal Services regarding that complaint.
00008

I am in no way going to detail every single inappropriate or prohibited act by a Washoe Legal Services employee
directed at me in this communication. It is my firm desire that we all just get along, serve our clients well, and
make efficient use of the grants bestowed upon us, and I would hate to see anyone lose their job without a real
opportunity to address these issues. This inappropriate conduct has included a variety of activities, not all of
which I will be able to fully detail in this complaint but will be able to provide details at an appropriate time.

I would like a copy of this and my other complaints placed in my employment file. I request that the formal
complaint and grievance process begin soon.
Sincerely, /sig/
Zach Coughlin,
Esq.
Windows Live: Keep your life in sync. Check it out.
00009
Close Print
WLS
From: Kathy Breckenridge (kathy@kbreckenridgelaw.com) You moved this message to its current location.
Sent: Fri 4/24/09 9:27 AM
To: zachcoughlin@hotmail.com
1 attachment
Coughlin ltr Apr23, 09.pdf (4.4 KB)
- -
Kat hl een T. Br eckenr i dge, Esq.
Kat hl een T. Br eckenr i dge, Lt d.
462 Cour t St r eet
Reno, NV 89501
( 775) 786- 5055
( 775) 786- 8449 ( f ax)
Thi s emai l i s conf i dent i al and may be pr i vi l eged and may be pr i vi l eged at t or ney- cl i ent
communi cat i on i nt ended onl y f or t he per son( s) named i n t hi s emai l . Exami nat i on, use, copyi ng
or di ssemi nat i on of t hese mat er i al s by per son( s) ot her t han t he i nt ended r eci pi ent ( s) i s
st r i ct l y pr ohi bi t ed. I f you r ecei ved t hi s communi cat i on i n er r or , pl ease cont act Kat hl een T.
Br eckenr i dge, Lt d. , by t el ephone and r et ur n t he or i gi nal message t o such f i r m by mai l . We
wi l l gl adl y r ei mbur se al l t el ephone and post age expenses.
00010

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WLS
From: Paul Elcano (pelcano@washoelegalservices.org) You moved this message to its current
location.
Sent: Fri 5/01/09 8:52 AM
To: zachcoughlin@hotmail.com
Cc: Kathy Breckenridge (kathy@kbreckenridgelaw.com)
1 attachment
ltrCoughlin2ndDraft.doc (30.5 KB)
Letter attached.
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Dear Zach,
I have been authorized by the Board to handle this matter.
1. Your current suspension was a result of the order entered by J udge Gardner in
the J oshi matter;
2. Suspension means that you are no longer to participate as a lawyer in any case
assigned to you by WLS until further notice. You may appear on your own
behalf to litigate the order of sanctions entered by J udge Gardner. If any
lawyer contacts you about a WLS case you must refer them to Caryn
Sternlicht or Marc Ashley;
3. According to the Courts order, you were sanctioned for arguing incessantly,
being unprepared, making sarcastic and derogatory remarks to the Court, and
for rude and disrespectful conduct. You were personally fined $934 as a result
of this conduct;
4. I could not evaluate your conduct at trial until I received the tape of the
hearing; this tape was promptly ordered, and was finally received on
Thursday, April 23
rd
. I have not yet reviewed this tape in its entirety.
5. You have requested a copy of your personnel file. This has been made
available to you;
6. We have delivered a copy of the tape of the J oshi matter to you;
7. You requested a formal response to your complaint concerning Rhonda. This
was investigated by me within 48 hours of your complaint. There is no
question that your office behavior (which included yelling, and calling her a
hall monitor, etc.) upset her, and as a direct result she made a comment to you.
She was counseled as to the type of language she used, and specifically told
that even though she was upset this language (bite me) was not appropriate
for the workplace. I did not realize you wanted a formal response to this
incident. Please consider this your formal response. I am unaware of any
specific written complaints other than the one you made to me about Rhonda.
Please provide me with copies of all other written complaints sent by you to
me prior to the entry of J udge Gardners order. Please make sure they are
dated. I will review them and indicate to you what the disposition of those
matters may be.
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8. Counseling for difficulties in office interaction had already been scheduled
when I received J udge Gardners order. You did not appear for the mandatory
meeting at which I announced this counseling;
9. We have received a copy of a 50 page motion for reconsideration you filed in
the J oshi matter. I will review this in its entirety. If there is any other written
material you want me to review in determining whether or not your
employment should continue with WLS you must provide it to me by 5:00 pm
Monday, May 4
th
. I will be happy to pick up any such material at a reasonable
time and place if you are not comfortable emailing it to me.
Based on the forgoing I will be taking the following action:
1. I will review the tape in the J oshi matter, your fifty page motion for
reconsideration and any other written material you provide to me. If your conduct
was as represented by J udge Gardner you will be terminated. This termination
will be based exclusively on the manner in which you conducted this hearing, and
will not be related to any ultimate outcome regarding the sanctions order. WLS
can not maintain an employment relationship with a lawyer who argues
incessantly, appears unprepared and makes sarcastic and derogatory remarks to
the court, and otherwise conducts his or her case in a rude and disrespectful
manner. This determination will be made by me by 10:00 am Wednesday
morning, May 6, 2009.
2. If the hearing tape does not justify J udge Gardners order WLS will require you to
participate in the previously referred to employee counseling pursuant to the
directives of our industrial psychologist. This counseling is currently going on
with other employees at WLS. The counselor will determine the extent to which
you will participate and maintain a case load. You will maintain your employment
status, and will receive pay and benefits throughout this course of counseling.
3. If you wish to discuss any resolution of this matter between now and Wednesday
morning at 10 am I will be available to meet with you at any convenient time and
place, including this weekend. You may bring any person you would like to a
resolution discussion. I will come alone unless you request otherwise.
This has been sent to you by email. Please advise me as to the address to which a hard
copy of this transmittal should be delivered.
Sincerely,
Paul Elcano
00013
May 7, 2009
Zach Coughlin
945 W. 12
th
Street
Reno, NV 89509
Dear Mr. Coughlin,
I have reviewed the following:
1. The Joshi hearing CD
2. Your fifty page Motion for Reconsideration before Judge Gardner
3. Your seventeen page letter to me
4. Each and every one of your emails and attachments to date, including your e-mail of
May 7, 2009 sent at 1:45 am.
5. The Joshi file
In an attempt to resolve this matter I have tried to schedule a meeting with you. I have
left you voicemails asking you to call me, and I have indicated that I would meet you at any
convenient time and place to discuss resolution. For whatever reason, you have not scheduled
such a session. In addition, I have attempted through independent means to schedule meetings
with you. This involved discussion with persons I believe to be your mentors prior to and during
your employment here. It is my understanding that they also have been unable to schedule a
meeting with you.
I have reviewed the hearings in detail and have concluded that your conduct in these two
hearings warrants termination. The judges findings that you argued incessantly, made rude and
sarcastic remarks, and refused to heed the Courts admonitions were well founded. Your conduct
obstructed the hearing process. You refused to or were unable to follow the simplest instructions
from the Judge. Washoe Legal Services cannot employ an attorney who repeatedly conducts
himself with such lack of civility and professionalism in court.
Your performance in the second hearing was virtually a repeat of the first, even though
the hearings were five days apart. I have therefore concluded that heat of the battle was not a
significant factor in your inappropriate conduct. Judge Gardner was not rude or antagonistic. She
repeatedly explained how she wanted you to handle matters and you refused to conform your
conduct to her wishes. The hearing CD speaks for itself: so I will not analyze it any further in the
body of this letter.
00014
Your employment termination is effective as of Monday, May 11, 2009 at 5:00 pm. Your
final paycheck will be available Monday, May 11, 2009 at 5:00 pm. It will be made by direct
deposit unless you request otherwise. Your medical benefits will terminate in conformity with
this letter, and applicable law. You may schedule a time with me outside of business hours to
pick up your personal effects. Computer contents will be handled as discussed in my previous
email. If you wish to resign from your employment to avoid an involuntary termination on your
employment records, you must meet with me prior to Monday, May 11, 2009 at 5:00 pm to
discuss this issue.
Sincerely,
Paul Elcano
Executive Director
PE:bw
Sent by e-mail.
Hard copy sent to:
945 W. 12
th
Street,
Reno, NV 89509
00015
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BIIARTIJO
CODE: 4075
Marc Ashley, Esq.
Nevada Bar No. 8326
WASHOE LEGAL SERVICES
299 South Arlington A venue
Reno, NY 89501
Telephone: (775) 785-5712
Facsimile: (775) 324-5509
Attorneys for De/endamlColnterciaimom
IN THE FAMILY DIVISION
I 3
: 33
,-.5
Simoson
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IN THE SECOND JUDICIAL DISTRIC COURT OF THE STATE OF
NEVADA I AND FOR THE COUNTY OF WASHOE
ASHwrN JOSHI,
II
vs.
PlaintiffCounterddendant,
12 BHART! JOS ... ,
13
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Defendant/Cou n lerclaiman1.
Case No.: DV08-0 1168
Dept. No.: 14
NOTICE OF SUBSTITUTIO OF STAFF COUNSEL
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BHARTI JOSHI. DefendanlfCounterclaimant. in the abovcentitJed maner. understands thnt she
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is bing represented by Washoe Legal Services. and thus, agrees and consents to the substitution of
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MARC ASIILEY, ESQ .. as S1afT counsel for Washo Legal crvices, in the place and stead of
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ZACHARY COUGHLIN, ESQ., who is no longer employed by Washoe Legal crvices, as a staff
attorey_ I do not wish to appeal the Court's order in this case. I would like the fn decree to be
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entered as soon as possible S its temlS can be enforced.
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DATED this.day of May, 2009.
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III
III
III
III
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MARC ASHLEY. ESQ. does hereby consent to his substitution a staff counsel in place of
2 ZACHARY COUGHLIN, ESQ., a the attorey of record for Defendant/Counterclaimant. BHARTI
3 JOSHI, in the above entitled matter.
4 AFFIRMATION IURSUANT TO RS 239B.030
The undersigned does hereby afnn that the preceding document does not contain the
6 social security number of any person.
7 DATED this 1'1 day of May, 2009.
8 WASHOE LEGAL SERVICES
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MARC ASHLEY, ES .
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CERTIFICATE OF SERVICE BY MAIL
Pur-;a to NRCP 5(b). I hereby certify that I a an employee of Washoe Legal Services, and that
on the i day of May, 2009, I sered the foregoing:
NOTICE OF SUBSTITUTION OF STAFF COUNSEL
by depositing with the United States Postal Service. pstage prepaid, at Reno, Nevada, a true and correct
copy of the within document addressed to:
Law Offces of
John P. Springgate, Esq.
203 South Arlington Avenue
Reno, NY 8950 I
Debrah Pringle, CP
An employee of Washoe Legal Serices
3
00018
Close Print
DV08-01168
From: Fladager, Cindy (Cindy.Fladager@washoecourts.us) You moved this message to its current location.
Sent: Wed 5/20/09 4:18 PM
To: Purdy, Michelle (Michelle.Purdy@washoecourts.us)
Cc: zachcoughlin@hotmail.com
Hello Michelle:
Forwarded to you for a Filing Office response.
Zach Coughlin, bar 9473, stated he is still attorney on case DV08-01168 and should be able to view
images, however, he has been ended as attorney of record and cannot access documents in eFlex.
ASHWIN JOSHI VS. BHARTI JOSHI.
I copying him on this email and suggested that he phone you at 328-3107 directly for resolution.
Thank you,
Cindy
Cindy Fladager
Business Systems Analyst II
Court Technology
Second Judicial District Court
75 Court Street
Reno NV 89501
775-328-3087
cindy.fladager@washoecourts.us
00019
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Bar No. 9473
945 W.12th St.
Reno, NV 89503
Phone 775 338 8118
Atorey for Zach Coughlin
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I TH FAMILY DIVISION OF TH SECOND JUDICIAL
DISTRICT COURT OF THE
ST ATE OF NEVADA I A FOR
TH COUNTY OF WASHOE
Ashwin Joshi,
No.; \ V ( 0 \ \ 6
Plaintif
\P' It
vs
.--'
Bharti Joshi,
Defendant
RPLY TO OPPOSITION
Comes Now, Zach Coughlin, Esq. , to fle this Reply to Opposition to
Motion For Reconsideration of the Order After Trial. This Reply to Opposition is
made and based upon the attached Memorandum of Points and Authorities, Exhibit,
and all the papers and pleadings on fle in this action
DATED this 20m day of May, 2009.
ach Coughlin, Esq
Page I
000020
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MEMORANDUM OF POINTS AND AUTHORITIES
2
Mr. Joshi's counsel's Opposition to Motion for Reconsideration presents and
J
opportunity to really clarif some of the salient points at issue in this litigation. The

decision in this case is clearly erroneous. Mr. Springgate incorrectly asserts that two
Settlement Conferences occurred in this case. That is patently incorrect. The argument Mr.
6 Spring gate leads with is that past due alimony is far diferent than soon to be due alimony
7 and therefore the multitude of case ofered in support of denying a set of for debts to third
8 party creditors with alimony are not relevant.
9
Further, Mr. Springgate makes another misstatement when on page 3 of his
Opposition he claims to quote from Mr. Coughlin's Motion for Reconsideration, citing that
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"creditors of such community debt are unafected by anything in a divorce decree from
12
pursuing either of the parties for repayment. See Marine Midland Bank v. Monroe, 1 04
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Nev. 307, 756 P2d 1 193 ( 1 988) (bank is free to pursue wife for delinquent joint credit
l
card debt despite divorce cour' s order for husband to pay such debt)." (Emphasis added).
This is true, perhaps, were both spouses are signatories and on the credit applications.
16
Indeed, the portion Mr. Springgate quotes refers to a situation involving a joint credit card
17
account, that is where both spouses are signatories. The point Mr. Springgate seems to be
18
making is not so true where, as here, only Mr. Joshi is a signatory to the credit accounts at
19
issue. Perhaps this was an another innocent mistake on Mr. Springgate's part. However,
the very next sentence, on page 17 of the Reconsideration Motion points out that it "is
21
typically very difcult to pursue a spouse who is not a cosigner with respect to using that
21
spouses separate property covers any community debt. " Mr. Springgate is curiously silent
23
as to where the law falls in that respect. Given the years and years of experience that Mr.
H
Springgate reminded the Court he possesses (at one point, during the Trial he mentioned
that "while Mr. Coughlin was not practicing in those unfortunate days where fault was still
16
a factor in an alimony analysis, I was . . . ") it would be very desirable for Mr. Springgate to
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provide his input ,vith regard to what creditors might do to execute upon Ms. Joshi's
1
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Mr.
property in this situation. In fact, Mr. Springgate did, as will be discussed, make some
vague arguments with respect to the doctrine of necessaries.
2
Mr. Springgate attempts to encapsulate what he believes Mr. Coughlin's argument to
J
have been when, in his Opposition, on page 3, that Mr. Coughlin's position "was based on a

fawed premise. He seemed to be arguing for a equal distribution of debt, with the
knowledge that Ms. Joshi would essentially be judgment proof because of her limited assets
6 and income." Here, again, Mr. S pringgate curiously fails to address the more pressing issue
7
that stems from the fact that his client is the sole signatory on all the credit accounts at
8
issue. Perhaps it is the weakness of the doctrine of the necessaries application the facts of
9
this case present that result in Mr. Springgate's failing to pursue such a line of argument and
instead focus on relative non sequiturs, such as Ms. Joshi's post-divorce income or near
II
complete lack of assets. Instead, Mr Springgate reverts to a tactic he seems to employ just
12
about every time his arguments come up short, that of accusing opposing counsel of "bad
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faith", and usually, calling for sanctions. To the extent that no real precedent is offered in
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support of such an assessment, Mr. Springgate's argument are veering, regrettably to the ad
hominem.
16
Again, on line 28, page 3 of his Opposition, Mr. Springgate misstates Nevada law, in
17
spite of his many, many years of experience. With regard to the assertion that any failure on
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Ms. Joshi's part to flfll an obligation to pay a third party creditor stemming from a divorce
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decree could not be properly used to set of a spousal support obligation, Mr. Springgate
not only brings in an argument that is only relevant to situations where both spouses are
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signatories on a credit account and application, but he goes on to seemingly misstate
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Nevada law as it relates to the Court's ability to reduce a supported spouses alimony award
2
where the supported spouse failed to flfill some debt distribution term in a decree.
24
Springgate states that his client could "move the Court for a modifcation of his alimony
award to reduce the same" Mr. Springgate may have been able to get some opposing party
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or opposing counsel to agree to some settlement along those lines, but Nevada law would
17
seemingly prevent (or at least strongly argue against) those Nevada District Courts bound
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by Upton-Wheeler from entering such a modifcation under such circumstances.
discussed in more detail, infa.
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trial .".
This is
Mr. Coughlin does admit that he is not sure the extent to
which U pton-Wheeler would prevent a court from entering a modification of an alimony
award based on a supported spouses failure to comply with a debt distribution, however,
the precedent does seem to preclude an ofset. The diference between an "ofset" and a
"modifcation" seem dubious, or at least, dificult to fully understand.
Pursuant to NRS 7. 085, if a court finds that an attorney has: "(a) filed, maintained or
defended a civil action or proceeding in any court in this State and such action or defense is
not well-grounded in fact or is not warranted by existing law or by an argument for
changing the existing law that is made in good faith; or (b) unreasonably and vexatiously
extended a civil action or proceeding before any court in this State, the court shall require
the attorney personally to pay the additional costs, expenses and attorney's fees reasonably
incurred because of such conduct." Neither basis is supported by the record with regard to
the sanction issued.
The Court ' s Order Aer Trial is not suficiently detailed nor specific enough to be
upheld. The Court's Order, with respect to attorney's fees (set forth below), gives a broad
indication of what it was Mr. Coughlin did that it found objectionable I does not
specifically identif which actions violated NRS 7. 085(a) or which violated NRS 7.085(b).
Further, the Court improperly relied on 'testimony' by opposing counsel Springgate. M.
Springgate was never sworn in, nor did he provide any afdavits to support his various
assertions, including the extent to which Mr Coughlin conducted discovery, the amount
and dificulty of the work Mr. Sprngate performed, the extent to which Mr. Springgate
himself sent out any discovery, etc.
The notes that Mr. Coughlin "made sarcastic, derogatory remarks .. throughout th
However, aside from quoting Mr. Coughlin in one instance where Mr. Coughlin
correctly pointed out that Mr Springgate was not in compliance with court rules with
respect to his attempts to enter exhibits into evidence at trial, the Court never provides any
specificity or detail with regard to how Mr. Coughlin's conduct was "sarcastic" or
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"derogatory". This allows little to no transparency and permits an impermissible amount of
unfettered discretion to the Court. The potential for abuse is simply to high to uphold a
sanction where only mere broad, general, and conclusory basis are ofered as the Cour's
for the sanctions. The potential for sanctions being handed down because of a mere
diference of philosophy, political ideology, viewpoint, or other impermissible characteristic
must be strongly curtailed.
This is particularly true in family court where tempers run hot, the subject matter is
quite emotional and personal, and the demands on the Court, attorney's, and litigants are
high. Attorney's liability under state law for opposing party's counsel fees, 56 A.L.RAth
486 See Annotation: What conduct constitutes multiplying proceedings unreasonably and
vexatiously so as to warrant imposition ofliability on counsel under 28 U S. C. A. 1927 for
excess costs, expenses, and attorney fees, 8 1 A.L. R. Fed. 36 (the Committee Minutes from
the Nevada Legislature's discussions ofNRS 7. 085 indicate that this federal statute and
FRCP Rule II played a significant role in the formulation ofNRS 7. 085, see Exhibit #1)
(This Court ofen references the legislative history of statutes and amendments to statutes,
to verit the intended objects and goals of legislation, and ofen makes reference to the
proposed objective of statutory amendments, and the comments of those proposing the
changes, to ensure that the interpretation of statutes is consistent with legislative intent
See, e g. , Steward v. Steward, III Nev. 295, 890 P.2d 777 (1995) (exploring bill draf and
quoting committee minutes at length to ensure that the Court's interpretation was
"consistent with the intent of the legislature" in enacting the provision), Joseph F. Sanson
Investment v. 286 Limited, 106 Nev. 429, 795 P 2d 493 (1 990) (noting that committee
minutes would be reviewed to discer legislative intent and purpose if such minutes
existed), Wheeler v. Upton-Wheeler, 1 13 Nev. 1 1 85,946 P. 2d 200 (1 997) (same);
McKellar v. McKellar, 1 1 0 Nev. 200, 871 P. 2d 296 (1994) (reviewing 1987
amendment to child support statute for legislative intent). Mr. Springgate's Opposition
makes mention of the clear intent of the legislature with regard to NRS 7. 085. It is not
clear from where or with what Mr. Springgate was able to divine the intent ofthe
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legislature Exhibit A, attached hereto, is a comprehensive collection of all relevant
Committee Minutes and other documentation related to the Legislatures creation and
2
subsequent amendments to NS 7. 085.
There is a wealth of authority to support a requirement of specifc and detailed
fndings in a Court's ordering sanctions. In the following cases, the courts held or
recognized that specifc findings by the trial court were required before an attorey could be
6 assessed with his opponent's fees. Major v First Va. Bank (1993) 97 Md App 520, 631
7 A2d 1 27 (RICO claim; $25,000 for counsel fees).
8
In O'Brien v Cseh (1983, 2dDist) 148 Cal App 3d 957, 196 Cal Rptr 409 ( 12[b]), the
9
court found that an order by the trial court assessing attorney fees against counsel and
10
giving only "good cause appearing" as a reason for the sanction failed to meet the statutory
II
requirement of a detailed recital of the circumstances justifing the imposition of sanctions.
12
The court reversed an award of fees against an attorney that was imposed by the trial
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court without any fnding as to the actual costs incurred by the opposing parties, in City of
14
El Monte v Takei ( 1 984, 2d Dist) 1 58 Cal App 3d 244, 204 Cal Rptr 559 ( 9[a]). The case
15
was remanded for a hearing to determine reasonable expenses and counsel fees, since under
16
the applicable court rules the sanctions were limited to that amount.
17
In Charles v Charles ( 1 986, Dist Col App) 505 A2d 462 ( 4[aJ), the court reversed an
18
assessment of attorey fees against an attorney, where the trial court had failed to make a
19
specific fnding of bad faith. The court stated that it is within the inherent authority of trial
20
courts to assess attorney fees against an attorey who has acted in bad faith, if the sanction
21
is imposed afer fair notice and an opportunity for a hearing on the record. But although
21
counsel's conduct in this case made an assessment of fees appropriate, and there had been
23
fair notice and a hearing on the plaintiffs motion for attorney fees, the court decided that
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the absence of a specific finding of bad faith required reversal and remand for a new hearing
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directed to that issue.
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Before a proper finding of a frivolous claim may be made under a statute authorizing fee
17
awards against attorneys on that basis, it is necessary for the trial court to fnd that the
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attorney knew that the action was without any reasonable basis in law and could not be
supported by a good-faith argument for an extension, modification, or reversal of existing
law, held the court, in Radlein v Industrial Fire & Casualty Ins. Co. ( 1 984) 1 1 7 Wis 2d 605,
345 NW2d 874. The court stated a two-pronged test for determining an attorney's
responsibility in sanctions for commencing a frivolous action: first, is the law ready for an
extension, modification, or reversal; and if not, then second, was the argument for such
change made in good faith even though not successful. Frivolous action claims are an
especially delicate area, said the court, since the ingenuity, foresightedness, and competency
of the bar should be encouraged and not stifled. In this case, however, the court decided
that a special hearing before the trial court on the issue of frivolousness was not necessary,
because the attorney had been placed on notice to defend his position both in the trial court
and on appeal. The court afirmed the award against the attorey, observing that there was
no possible reasonable argument for his theory.
See Williams v Capps Trailer Sales, Inc. (1992, Ala App) 607 So 2d 1272, 6[a].
Trial court did not satisf requirements for exercising its inherent authority to impose
attorney fees against an attorney for bad faith conduct when it ordered husband's counsel to
remit one half of his fees received to wife's counsel, where trial court did not permit
husband' s counsel to present witnesses or other evidence in his defense, trial court did not
make an express finding of bad faith or findings justifing the relief ordered, and order did
not show how the fees awarded directly related to the fees incurred as a result of the alleged
bad faith conduct by husband's counsel. Finol v. Finol, 912 So. 2d 627 (Fla. Dist Ct. App.
4th Dist. 2005), related reference, 2005 WL 2373889 (Fla. Dist Ct. App. 4th Dist. 2005)
and reh'g denied, (Nov. 7, 2005).
Petitioner's request for costs and expenses ofJitigation, including attorney fees, did not
provide notice to respondent's attorney that she could be held liable for attorney fees under
statute that awarded fees in situations where an attorey brought or defended an action that
lacked substantial justification; there was no motion requesting attorney fees from attorney,
there was no mention that the trial court was considering an award against attorey, and the
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notice of the hearing contained no reference to the statute that awarded fees against
attorneys for bringing or defending an action that lacked substantial justifcation or to the
possibility that attorney could be assessed attorney fees for her conduct; overruling Cohen
Feldman, 21 9 Ga.App. 90, 464 S. E. 2d 237 West's Ga.Code Ann. 9- 1 5- 14(b). Williams
v, Cooper, 625 S,E.2d 754 (Ga. 2006). See Kukui Nuts of Hawaii, Inc v R Baird & Co.
( 1990, Hawaii App) 789 P2d 50 I.
Further, it cannot be said that Mr. Coughlin unreasonably and vexatiously extended a
civil action or proceeding before any court in this State. In Eberly v Eberly (1985, Del Sup)
489 A2d 433, a divorce action, the court assessed attorney fees against a lawyer who has
acted in bad faith or willflly abused the judicial process, sanctioning the wife's attorey for
tactics that unreasonably and vexatiously prolonged the proceedings and increased the cost
of representation to both parties. These tactics included fIing repeated motions to hold the
husband in contempt for failure to pay alimony on time, even though the husband was
hospitalized and had explained to the trial court the good faith eforts he was making to
meet his obligations, and advising his client to deny that the marriage was irretrievably
broken even though she had made such an allegation herself, in order to delay the
proceedings. The cour ordered the amount of the husband's reasonable attorey fees
attributable to such tactics, both at trial and on appeal, to be determined on remand and
assessed against the wife's attorey personally.
The extent to which the Court deemed Mr, Coughlin conduct to be vexatious or
unreasonably prolonging the proceedings in this action seems to rest on a fi nding that M.
Coughlin "argued incessantly with the Court throughout trial and made sarcastic,
derogatory remarks to the Court, Mr. Springgate, and Mr. Joshi throughout trial. The
Court notes that there were well over 40 objections during four (4) hours of trial." Mr.
Coughlin is obliged to make such objections given that his failure to do so will prevent the
preservation of the various issues for appeal, Attorney's in Nevada's District Courts are
not obligated to take a continuing objection and contemporaneous objections are
supportable conduct under all applicable rules, One of Mr Coughlin's arguments with
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Rodriguez,
Rodriguez
Buchanan,
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respect to an objection concerned the admissibility of evidence of abuse or domestic
violence for the purposes of establishing monetary damages to be considered in the property
or debt distribution as well as any alimony determination There is Nevada case law that
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arguably sets the precedent that the admission of evidence of such conduct for the purpose
4
ofered is mandatory. See Catherine Mazzeo, Note, Rodriguez v Rodriguez: Fault as a
Determinative Factor in Alimony Awards in Nevada and Other Community Property
6 Jurisdictions, 2 NY. LJ. 1 77, 1 82-83 (2002). The economic consequences of spousal
7 abuse or marital misconduct can provide compelling reasons for unequal disposition of
8
community property. Wheeler v. Upton-Wheeler, 1 1 3 Nev. 1 1 85, 946 P. 2d 200 ( 1 997).
9
In the Nevada Supreme Court added example of factors that "conceivably could
from time to time be relevant as well" such as "repetitive acts of physical or mental abuse"
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by one spouse "causing a condition in the injured spouse which generates expense or afects
12
that person's ability to work" In Wheeler, the Nevada Supreme Court "recognized that
13
sometimes marital misconduct results in adverse economic consequences for one of the
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parties." 1!3 Nev. at 1 1 90, 946 P. 2d at 203. "We determined that a district court may
consider evidence ofthe economic consequences of marital misconduct in determining
16
whether an unequal division of community property is warranted." See id.
Further, the Court seemed to suggest that evidence of spousal abuse could
factor in to an alimony analysis, not so much as a fault factor, but as a part of an analysis of
the factors specifcally set forth by statute or Buchanan. "Moreover, an exception is
unnecessary. Nevada has well settled case law that provides guidelines for the trial court to
21
consider when making a just and equitable alimony award. So, for example, if one spouse
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commits repetitive acts of physical or mental abuse against the other, causing a condition in
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the injured spouse which generates expense or afects that person's ability to work, the
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physical andlor mental condition caused by the misconduct can be taken into account in two
ways: first, as a compelling reason to make an unequal distribution of property or second,
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without considering evidence of fault or misconduct, the court in deciding alimony will,
17
per take that spouse's physical and mental condition into account when
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examining his or her financial condition, health and ability to work " rd. at 998-99.
Mr. Coughlin sought to have this issue introduced at trial for both debt distribution and
alimony, however the Court rled against it. To the extent that the sanctions issued relate
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to a lack of evidence presented, documentary or otherwise, such an inadmissibility ruling
4
presents a Catch-22 Mr. Coughlin should not be sanctioned in such a situation.
Mr. Springgate seemingly misstated the holding ofthe Nevada Supreme Court in
Rodriguez to the Court. Mr. Coughlin should not be sanctioned for arguing objections
7 based on mandatory precedent in support of his position at trial. A similar argument exists
g
for Mr. Coughlin objecting to Mr. Springgate's violation ofWCR 5 and the Court's own
9
Pre-Trial Order with respect to attempting to have exhibits introduced into evidence
10
without properly identiting such exhibits previously and where Mr. Springgate failed to
II
comply with court rules by neglecting to provide an appropriate copy of such exhibits at the
12
appropriate time.
13
The Court's Order Aer Trial is instructive in pointing out the diference between
14
providing a copy of a document ad providing a copy of an appropriately identified and
15
marked exhibit. "When asked ifhe had the copy of the document, M. Coughlin stated, "I
16
do not know 1 could spend my time and mental energy looking around for Mr. Springgate's
17
document like 1 am his assistant, or we could ask Mr. Springgate to provide a copy at the
18
time he is seeking admission like 1 believe the rule states. " Mr. Coughlin cited no rule and
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then proceeded to interrupt the proceedings twice approximately fi ve (5) minutes and
20
twelve(12) minutes post ruling to re-argue the point. Mr. Springgate replied to the
21
arguments by referencing when exactly the copy had been provided to Mr. Coughlin during
22
discovery and where the copy could be located. The Court had to admonish Mr. Coughlin
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to quit arguing the point and reiterated that the exhibit had been admitted." (Emphasis
1
added).
There is a significant diference between a document and an exhibit. A inappropriate
1
advantage is granted a party who can deliver a large quantity of documents in the 16.2
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production, only to subsequently fail to ever properly mark or identit which of these
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documents it chooses to make exhibits, and who then refuses to provide a copy of the
exhibit at the time its introduction is sought at trial. This places an inappropriate burden on
the receiving party to index, categorize, and maintain the 16. 2 production of the party
seeking introduction of a document as an exhibit. WCR 5 was enacted for a reason, and
this very situation argues in favor of enforcing WDCR 5 and the Court's own Pre-Trial
Granting Mr. Springgate such an advantage is unfair, particularly where Mr.
Springgate never fled a Case Management Conference Statement, fled his Settlement
Conference Statement at 5 p m. the day before trial (in contravention of WDCR 5 as well),
improperly indicated in his Opposition to the Motion for Reconsideration that two
Settlement Conferences had taken place in this case when only one existed (and the one
Settlement Conference was actually combined with the frst day bf trial in deference to Mr.
Springgate's request and suggestion that the parties do so in the interest of judicial
economy and, presumably, to keep Mr. Springgate's fees down for his client's beneft), and
where M. Springgate failed to comply with the Court's direction that he draf a Final
Decree fom the Court' s Order Afer Trial within 20 days of that Order's date of entry.
Mr. Springgate holds opposing counsel to an extraordinarily high standard considering
some of the areas in which his own execution is lacking. Further, Mr. Springgate actually
tried to argue that opposing counsel's prudence in seeking to ascertain the availability. of
having Mr. Joshi's passport put in the Court's custody pending the resolution of this matter
or the state of the law with regard to the propriety of a spouse retaining the other spouse's
passport during a divorce proceeding was tantamount to extorion. Mr. Springgate was
threatening sanctions even at that early stage of this litigation. Surprisingly Mr. Springgate
did not assert a RICO or FDCPA claim at that time as well. Mr. Joshi's failure ever contact
anyone in his family with regard to returing Ms. Joshi's "woman's wealth" or Mr. Joshi's
dubious inability to remember anything about his culture's customs in this regard seemingly
were not relevant to Mr. Springgate's passport issue analysis.
Regardless, Judge Schumacher did not see fit to enter sanctions, as such, the law of the
case doctrine bars Judge Gardner from relying on that issue to support the present sanction.
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I is simply in poor taste for counsel to constantly use the threat of sanctions i n lieu of
actually producing some written legal authority or precedent to support the positions M
Springgate seeks to maintain. It seems Mr. Springgate would rather prefer to attempt to
intimidate, threaten calling for sanctions, or suggest what a small little community the family
law bar is and how quickly word gets around, as opposed to present cogent legal analysis.
The Court's Order Afer Trial further notes that "Mr. Coughlin filed an Answer and
Counterclaim on Ms. Joshi's behalf that included allegations unsupported by law." Page 1 3
"The parties have two children, both of whom are now adults. Although Mr. Y oshi ( sic)
has no obligation to support said children any longer pursuant to NRS 1 2S. 5I0(9)(b), Ms.
Yoshi (sic) requests the financial assistance ofMr. Yoshi (sic) so as to provide for the
children's continuing education. (Answer, pg. 2, Jines 16-18)" Id. at page 2 M Coughlin
clearly stated, on several occasions, during the Settlement Conference, to Ms. Joshi and
Judge Gardner, that there was little support for the claim Ms. Joshi continued to urgently
implore Mr. Coughlin to present, that of support for the continuing education of the party's
children, who both recently reached the age of majority. Mr. Coughlin counseled Ms. Joshi,
in front of Judge Gardner and out loud, that there was little to no chance that Judge
Gardner would rule favorably to Ms. Joshi on that issue. Mr. Coughlin's Motion for
Reconsideration, however, does establish that there is a basis in law for seeking such a
contribution. As such, sanctions are inappropriate to the extent they are based on this issue,
an issue which not a second of court time at trial was spent. Judge Gardner was present
and across the table when Mr. Coughlin implored his client to accept Judge Gardner's
strong indication that the ongoing child support or educational costs contribution issue for
the adult children was a dead end that would likely try the court's patience.
"At trial, Mr. Springgate stated that Mr Coughlin had conducted no discovery in this
case. In addition, Mr Coughlin failed to present one documentary piece of evidence at trial
on behalf of Ms. Joshi's claims. Mr. Coughlin argued incessantly with the Court throughout
Page 1 2
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trial and made sarcastic, derogatory remarks to the Court, Mr. Springgate, and Mr Joshi
throughout trial. The Court notes that there were well over 40 objections during four (4)
hours of trial. Mr Springgate's objections were well-founded and continuously sustained
except in one instance. Mr. Coughlin was overrled on every objection except one and
argued with the Court over most rlings. Mr Coughlin was admonished approximately 1 5
times by the Court to quit arguing, to ask specifc questions, to discontinue asking
questions calling for a legal conclusion, and to refrain from making degrading remarks to
both Mr.Joshi and Mr. Springgate. The Cour notes that at one point, afer an exhibit had
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been admitted, Mr. Coughlin could not fnd the copy provided by Mr. Springgate in
discovery. Mr. Coughlin demanded a copy be provided at trial, stating"am I supposed to be
rifling through my papers? My understanding is that you are supposed to provide a copy. "
When asked if he had the copy of the document, Mr. Coughlin stated, " 1 do not know. I
could spend my time and mental energy looking around for Mr. Springgate's document like
I am his assistant, or we could ask M. Springgate to provide a copy at the time he is
proceeded to interrupt the proceedings twice approximately tlve (5) minutes and twelve( 1 2)
minutes post ruling to re-argue the point. Mr. Springgate replied to the arguments by
referencing when exactly the copy had been provided to Mr. Coughlin during discovery
and where the copy could be located. The Court had to admonish Mr. Coughlin to quit
arguing the point and reiterate that the exhibit had been admitted M. Coughlin tlled an
Answer and Counterclaim on Ms. Joshi's behalf that included allegations unsupported by
law; and tlled an Opposition to the request for return of Mr. Joshi's passport without any
factual or legal basis. Further, at trial, Mr. Coughlin presented almost no evidence to
suppor Ms. Joshi's requests and claims.
The most troubling aspect of this case was Mr. Coughlin's rude, sarcastic and
disrespecttul presentation at trial; Mr. Coughlin's inability to understand a balance sheet; his
failure to conduct discovery; and his lack of knowledge with regard to the rules of evidence
and trial procedure. All of this was compounded with a continuously antagonistic
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seeking admission like I believe the rule states. " Mr. Coughlin cited no rle and then
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It should
presentation of the case that resulted in a shif from a fairly simple divorce case to a
contentious divorce trial lasting an excessive amount of time.
2
For all these reasons, the Court finds that Mr. Coughlin's presentation of the case and
l
arguments in support thereof to be unfounded in fact, unwarranted by existing law,
4
unreasonable, and vexatious throughout this entire proceeding."
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Mr. Joshi's counsel' s actions did not unreasonably and vexatiously extend a civil action
8
or proceeding before any court in this State.
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Mr. Coughlin presents a wealth of legal precedent and authority in support of the
13
position taken at trial, much coming from community property jurisdictions. Indeed, the
14
sum of American jurisprudence suggests the majority rule with respect to a of set of
alimony and joint obligations to third parties is in line with the position argued by Mr.
16
Coughlin at trial.
17
For example, the request to ofset the husband's payment ofa pre-existing joint
18
obligation against a support obligation was denied when categorized by the cour as a
19
request by the husband for contribution of the wife's share of a pre-existing joint obligation.
Maloof v Maloof 1991 Ohio App LEXIS 523 (Ohio App, Cuyahoga Co 1991).
21
be noted that the court also found that the spouses did not agree to the ofset. Id.
22
It is debatable whether the credit card debt Mr. Joshi asked the court to consider in
23
failing to award alimony is a "joint obligation". Mr. Joshi was the sole signator on all the
24
credit accounts for which he presented debt at trial. While Nevada's community property
law presumes such debts were incurred for the beneft of the community, and as such, joint
26
obligations, the Fair Debt Collection Practice Act and Nevada's common law "doctrine of
27
necessaries" arguably do not expose Ms. Joshi to any liability for these debts on the facts
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presented, and certainly there is little chance of personal liability being attributed to Ms.
Joshi. Further, the ability of these third party creditors to actually get and enforce any sort
of judgment against Ms. Joshi is arguably infinitesimally small, if not barred by federaJ law
and or the FDCPA See, " Articles or services for husband personally as "family expenses"
or "necessaries, " within statute making wife liable therefore," 13 AL R. 1396.
In an action by a hospitaJ against a wife to recover the reasonable value of hospital
services frnished during the last illness of her late husband, who died leaving no property,
and who had not abandoned or deserted his wife or secured a decree of separate
maintenance, the court held in Swogger v Sunrise Hospita, Inc., 88 Nev 300, 496 P2d 751
( 1 972) , that i n view of a statute providing that a wife must support her husband out of her
separate property when he had no separate property, they had no community property, and
he could not support himself the wife's separate property was liable for the hospital debt
incurred by her husband. It accordingly afrmed a judgment of the lower court in favor of
the hospital. As a general rule, the court explained, the separate property of a wife is not
liable for the debts of her husband. It pointed out, however, that the statute in question was
an exception to the rule. The duty to support as provided i n the statute, the court explained,
necessarily ran to the beneft of creditors, such as the hospital, who supplied necessaries of
life to an infirm, impecunious husband.
The facts presented in the marital dissolution at bar do not support finding Ms. Joshi
liable on a doctrine of the necessaries analysis, as Mr. Springgate suggested at (rial and
throughout this litigation Mr. Joshi is currently an able bodied and employed adult. There
was no showing that MR Joshi could not support himself
The court in Keck v Keck (1933) 21 9 Cal 316, 26 P2d 300, reversed an order which in
effect allowed a husband to offset a pre-existing judgment debt in his favor against accrued
alimony owed his former wife, saying that alimony was founded on the maritaJ duty of a
husband to support his wife and not an ordinary debt, and the two demands did not by
operation of law compensate and discharge one another under Califoria Code of Civil
Procedure 440. Consequently, the court decided that the husband could not, in the
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manner of an ordinary judgment debtor, as a matter of right, and by motion, avail himself of
the remedy provided for by the statute. The judgment against the wife, who had been
appointed as guardian of her husband for a period of years during the marriage, arose as the
result of a settlement of guardianship accounts.
Upon the wife's order to show cause, the court in Williams v Williams ( 1 970, 1 st Dist) 8
Cal App 3d 636, 87 Cal Rptr 754, ruled that a husband could not automatically set of,
under California Code of Civil Procedure 440, his former wife's portion of a net deficit
resulting from the operation of a community property apartment house against either
alimony or child support arrearages for the reason that a support obligation was not an
ordinary debt but rather was a court-imposed marital duty. The husband had made none of
the support payments provided for in a divorce decree, but managed, by agreement, the
apartment house, discharging the loss incurred in its operation by paying taxes, trust deed
payments, and for repairs and improvements, subsequently arguing that the past-due
support obligations and the apartment house defcit were "cross demands" within the
purview of the Code which should be deemed satisfed so far that they were equal. The
court ruled that to allow the set of of a wife's portion of a net deficit resulting from the
operation of a community property apartment house against the husband's alimony
arrearages would amount to a retroactive alteration of the alimony debt which had accrued,
in violation California Code of Civil Procedure 139.
Many courts adopt a view that the support recipient's control of support funds is a
consideration in determining other spouse's right to set of The courts in the following
cases expressed or recognized the view that a set off would not be permitted where the
supporting spouse usurped the right of the recipient of support to control those funds, but
allowed the requested set of or found it supportable, where the supported spouse, by
agreeing to an alterative means of paying the support owed, was found to have controlled
the disbursement of the funds.
Observing that support payments, whether for the wife's or child's support, are to be
disbursed by the supported spouse as she sees fi t, and the supporting spouse ordinarily is
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alimony.
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Wheeler v.
not entitled to credits against past-due support for monies that he paid to third parties on his
own accord, the court in Lopez v Lopez, ( 1 980, App) 1 25 Ariz 309, 609 P2d 579,
remanded the case for a new trial to detennine whether the wife had consented to allow
certain indirect payments, made to doctors and dentists and others, to substitute for
payments to her of alimony and child support, and the grant of the requested credits
consequently allowable.
Where, as the result of a dispute between the spouses, the husband made direct
mortgage payments on a community property, those payments could not be set of against
alimony due his wife according to the court in Van Morkhoven v Kleiner, ( 1 965, La App 3d
Cir) 180 So 2d 601 , under the rule that the wife was entitled to spend her alimony as she
chooses. It was shown that soon afer a judgment of separation, a dispute arose as to
whether the wife was required to pay from an award of alimony the monthly mortgage
payment on the community home which she occupied, which she refused to do. Thereupon,
the husband made the payments directly to the mortgage holder, deducting the same
amount from the alimony due her. The court applied the general test to determine what
payments made by the husband should be credited to alimony: whether the wife had the
unrestricted right to determine how the fnds were disbursed. DisalIowing credit for the
mortgage payments, the court found a clear restriction as to how the wife spent her
Nevada case law supports the view that a Nevada cour has no authority to permit set
of of a supported spouse's debt which was discharged in bankruptcy.
1 \3 Nev 1 185, 946 P 2d 200 ( 1 997). Also, it was decided in the case related
below that it was beyond the authority of the court to enter a judgment against a spouse to
whom support was to be paid, subsequent to bankruptcy proceedings, in order to efect an
ofset against the support obligation for marital debts, avoided by the spouse in bankruptcy,
that the supporting spouse was required to satisf.
Where the wife's obligations, assumed as par of the property division pursuant to the
divorce, were discharged in bankruptcy, and those debts could in no way be considered
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nondischargeable alimony or support, it was decided in v ( 1 986, Wyo) 71 4
P2d 774, that the court had no authority to enter a post-bankruptcy judgment for the
husband, to be ofset against past-due child support, for payments he had paid, as co-
debtor, or might ultimately be required to pay in satisfaction of the marital debts. The
divorce decree ordered the husband to pay child support, and awarded to the wife a van, the
family home, and a floral business, all subject to the indebtedness incurred against them, and
required her to pay approximately $1 3, 650 in other debts, including certain credit card bills.
The wife was discharged in bankruptcy with respect to all of these debts. However, most of
the arrears in child support accrued when the husband deducted payments made on the
credit card debts Iom the ordered child support. The judgment appealed by the wife
allowed the husband to recover for all payments made on the discharged debts, then and i n
the fture. The court voided most of the provisions of the judgment due to the supremacy
of the federal bankruptcy law, the purpose of which was to aford the debtor a new
opportunity in life unhampered by pre-existing debt. Moreover, the court enjoined the
husband, as a creditor named in the bankruptcy proceedings, from trying in any fashion to
ofset the debts in the future. The husband was allowed to recover for post-visitation air
fare he had paid in order to return the children to the wife when this obligation might be
categorized as nondischargeable support owed by the wife under the bankruptcy laws. The
court also was infuenced in small measure by the principle that child support is for the
benefit of the children and only administered in trust for them by the wife.
And see, in the context of this discussion, Re Marriage of Mills ( 1 989, Iowa App) 441
NW2d 41 6, in which the court refsed to allow the ofset, against support arrears, of a lien
on the marital home owed to the husband under the terms of the decree, which survived
bankruptcy proceedings, based in some part on equitable grounds, when that wife lost the
home through foreclosure, rather than profited from its sale. However, the Court in the
present case seemed to fnd even the impression that Mr. Coughlin might somehow
contemplate such an application was sanctionable. "Mr Coughlin cited an ALR article
regarding community debt and stated his client "does not have much for the creditors to
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take " He requested that his client assume one-half the community debt and that the Court
find Plaintifs two $5,000 debts to family members and friends as Mr. Joshi's separate debts
Mr. Coughlin stated his client is being asked to "foot the bill" for Plaintif's debts . .. " Order
Afer Trial, Page 7.
The court i n Maloof v Maloof, 1991 Ohio App LEXS 523, ( 1 991 , Ohio App,
Cuyahoga Co), did not believe that it was error to deny a husband credit against his support
obligation for money paid in satisfaction of a defciency judgment arising trom the
foreclosure sale of the marital home, in some measure, because the original mortgage loan
for the property was undertaken by the spouses prior to their divorce and, as such, the debt
was not made on the credit of alimony awarded to the wife subsequently. Consequently,
according to the court, the husband, as an assignee standing in the shoes of the lending
institution, the assignor, could not attach alimony and child support payments to collect on
the judgment when the lending institution could not have done so.
Where the husband sought credit for one-half the payments of debts on various jointly
owned properies, the court in Hanshaw v Hanshaw, ( 1 988, W Va) 377 SE2d 470, held it
was proper to refse to of set unpaid temporary alimony owed to the wife by such
payments when the debts were incurred prior to the spouses' separation.
The court in Morel v Morel (1982, La App 5th Cir) 425 So 2d 1 289, cert den (La) 430
So 2d 99, ruled that payments, not in compliance with the support order, on a community
obligation incurred to purchase an automobile in possession of the wife were not available
to reduce arrears in alimony pendente lite and child support when those payments were
recoverable by the husband at the time of the settlement of the marital community, and the
wife did not agree that they should be made in lieu of support payments. The wife's later
request that the husband make the payments, together with several other indirect payments,
was found insuficient to prove an ofset against arrears that accrued during the period at
Issue.
A husband who had paid community automobile loan payments was properly denied
credit for his wife's share of such payments against his accrued alimony obligation to her
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where the parties had not "clearly agreed" that the husband's payments on the vehicle were
in lieu of part of the alimony obligation, according to the court in Thompson v Thompson
(1 983, La App 1st Cir) 428 So 2d 858. The rule applied by the court was that an alimony or
child support judgment remains in force until the party liable applies to the court and
obtains a modification, unless the party to whom payments are made requests or consents to
indirect payments or waives the payments. Although the wife had been aware that the
husband was making payments on the vehicle because she called the lender each month to
ask if he had, and she would have used any equivalent amount paid directly to her to
discharge the same debts, the cour found that, at most, the wife had merely acquiesced in
the husband's payments on the vehicle rather than agreed to an alternative method of
alimony payment The court also noted that the husband admitted that there was no mention
of alimony at the time he expressed the desire to provide his wife with transportation The
court did agree that the results in this case were inequitable, and that a tacit understanding
between two adults as the parties here obtained should be permissible in law in those cases
not involving child support. The court suggested that the husband was free to seek
appropriate credit for discharging a community obligation in a property settlement with his
wife, but rejected the argument that she was personally liable to him for the amount paid
under a theory of quasicontract.
Some courts have refused an ofset when the obligation associated with an automobile
or residence was incurred prior to the divorce and, thus, the payment benefted the spouse
obligated to pay support as welL
Where the wife testified that she used the credit card to "balance out" household
expenses for herself and the children while the couple was separated, the court in
Youngberg v Youngberg ( 1 986, La App 4th Cir) 499 So 2d 329, would not permit an
ofset against postdivorce permanent alimony and child support arrearages for one-half of
the credit card charges. The husband had been ordered to pay alimony pendente lite and
child support during the period in which the charges were made, but was current in his
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payments at that time, and asserted that the wife made the charges without the his
permission. The wife maintained that the credit card charges were for expenses for which
the husband was responsible. The court concluded that neither spouse intended such a
credit when the husband paid the credit card account balance, denying the ofset apparently
based on the lack of evidence of an agreement between the parties.
In the following cases, in which the particular type of payment or debt was not
disclosed by the court or at issue, it was decided that a spouse was not entitled to the
requested set of against accrued alimony.
In Bruner v Bruner ( 1 978, La App 2d Cir) 356 S0 2d 1 1 01 , cert gr (La) 358 So 2d 641 ,
it was held that the trial court erred in allowing a husband credit or an ofset against a
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claimed arrearage of alimony pendente lite for payments made by him to third parties on his
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wife' s behalf where the evidence did not show that the payments were made at the request
of, or with the consent of, his wife. Had Ms. Joshi consented to the settlement agreement
she was so urgently implored to accept, she could not avail herself of this argument. A
15
husband was not entitled to credit against arrears in pendente lite maintenance and child
support for voluntary payments he made to third parties for his wife's beneft, according to
the court in Krantz v Krantz ( 1 991 , 2d Dept) 1 75 App Div 2d 865, 573 NYS2d 738, on the
ground that several of the payments also satisfied the husband's contractual obligations.
Credit Matters:
2
Things are less than cheery for creditors pursuing premarital debt, or a debt incurred by
21
only one of the spouses afer marriage. This is not Mr. Coughlin's fault and he should not
22
be sanctioned on account of this. Nevada does, however, recognize "the doctrine of
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necessaries." NRS 1 23. 090 provides:
24
"If the husband neglects to make adequate provision for the support of his wife, any
other person may in good faith supply her with articles necessary for her support, and
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recover the reasonable value thereof from the husband. The separate property of the
husband is liable for the cost of such necessities if the community property of the spouses is
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not suficient to satisf such debt."
See Rodgers v. Rodgers, 1 10 Nev 1 370, 887 P. 2d 269 ( 1 994); Lewis v. Hicks, 108
2 Nev. 1 1 07,
J
1 6; 843 P 2d 828 ( 1 992), contra, Phillips v. Morrow, 104 Nev 384, 760 P. 2d l i S
4
( 1 988).
However, a curious duality existed in the Joshi Trial. The Court seemed to be upset
6 with Mr. Coughlin, implying some bad faith to the extent that the position Me Coughlin
7 argued might somehow take advantage of the creditors dificulty in forcing Ms. Joshi to pay
8
them on accounts to which Me Joshi is the sole signatory. The Court's consternation in
9
this regard was in strange incongruity to the claims ofMr. Springgate that the doctrine of
necessaries would necessarily aid these creditors in executing upon Ms. Joshi's property. It
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would seem one cannot have it both ways.
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NRS 1 23 1 to states a diferent standard for when husbands must be supported by
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wives:"The wife must support the husband out of her separate property when he has no
14
separate property and they have no community property and he, fom infirmity, is not able
or competent to support himself"
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This statutory exception to the protection of separate property only applies if a creditor
17
supplies goods or services "necessary" for the life of the other spouse. Although the limits
18
ofthis have not been defined, the Nevada Supreme Court has held that a husband cannot be
19
held personally liable under NRS 123 090 for the debts of his wife which were incurred
pursuant to a contract to rent an automobile Ferreira v. P. c. H. Inc., 105 Ney. 305, 774
11
P2d 1041 ( 1 989) Thus, it is likely that the word "necessary" will be narrowly construed by
22
the Nevada courts, therefore providing protection for the personal property of spouses.
23
The facts of the case at bar do not support holding Ms Joshi personally liable for Mr.
24
Joshi' s attorney' s tees, as Mr. Springgate state the law required, nor do they support
precluding Ms Joshi an appropriate alimony award in light of the fact that Mr. Joshi chose
to be the sole signator on all his credit accounts. Me Joshi wanted the power and control
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ofbeing a sole signator, he should not be rescued by the doctrine of the necessaries.
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Regardless, Mr. Coughlin should not be sanctioned for failing to agree to such a rescue of
Mr. Joshi.
By way of analogy, Nevada case law has expressed the burden of proof as one of clear
and certain evidence that a lender or vendor primarily relied on that spouse's separate
personal property to secure the credit - rather than on that spouse's earning capacity - to
establish that loan proceeds are separate property. This is known as the "intent of the
lender" test See Schulman v. Schulman, 92 Nev. 707, 71 6- 1 7, 558 P. 2d 525, 530-3 1
( 1 976). Conversely, the argument can be made that Mr. Joshi ' s the debts on the accounts
to which Mr. Joshi is the sole signatory should not be viewed as community debts given that
the lender apparently did not consider Ms. Joshi ' s status at all. Further, federal law may
prevent such consideration in the event Mr. Joshi qualifed for credit on his own. Creditors
thus need to have the signature of both parties on an application for credit in order pursue
collection of the credit debt from both parties.
As a theoretical matter, creditors would appear to be restricted to collection against the
person (or property of the person) incurring the obligation, either during the marriage, or
afer the divorce. At least when the creditor is someone other than a former spouse of one
of the parties to the marriage, as in Greear v. Greear, supra, 303 F. 2d 893 (9th Cir. 1 962).
As a practical matter, this restriction appears to provide no barrier; banks do not typically
care about the source of money in accounts being garnished, but only the name on the
account (See, also, Dimick v. Dimick, 1 1 2 Nev. 402, 91 5 P 2d 254 ( 1 996) (husband' s
signature of both spouses' names on a trade-out purchase agreement, and both parties'
signatures on "vesting instructions" that would have made them joint tenants of the
property at the close of escrow, did not actually transfer any property interest to the wife .
One notable exception - by which one spouse can create a debt that becomes an
obligation of the other spouse as a matter oflaw - is through "the doctrine of necessaries,",
discussed above, although the stated statutory grounds for when husbands' property is
liable for the support of wives is diferent from that in which wives' property is liable for the
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wife's car
of the
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decree
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Marine
suppor of husbands.
The only appellate case discussing the 1 873 statute for a husband' s payment of
"necessaries" for a wife indicates that the terms "necessary for her support" and
"necessities" will be construed
somewhat closely. In one such Nevada case, a husband was found not liable for his
rental for "failure to provide adequately for her support" where there was no conversion
automobile and no proof of community purpose in its rental. This argues in favor of the
position Mr. Coughlin argued at trial. Ferreira v. P. c. H. Inc. , 1 05 Ney. 305, 774 P. 2d 1 041
( 1 989); see, also, United Fire Ins. Co. v. McClelland, l OS Nev. 504, 780 P. 2d 1 93 ( 1 989).
NRS 1 23 . 1 1 0 states a gender-based standard for when husbands must be supported by
The wife must support the husband out of her separate property when he has no
separate property and they have no community property and he, from infrmity, is not able
or competent to support himself
If a debt is incurred during marriage and owed by both spouses, nothing in the divorce
prevents the creditor from chasing whichever spouse it chooses for payment.
Midland Bank v. Monroe, 1 04 Nev. 307, 756 P 2d 1 1 93 ( 1 988). Whether one must be a
signatory for the debt to be "owed" is somewhat dependant on who is doing the enforcing,
the creditor or a Family Court Judge and whether or not more than one spouse was a
signatory on the credit application. Ofcourse, where such a creditor chases one spouse for
a debt allocated to the other upon divorce, the spouse saddled
with the other's adjudicated debt has recourse to the divorce courts to obtain
reimbursement See, e. g. , Putterman v. Putterman, supra, 1 13 Nev 606, 939 P.2d 1047
(1 997) (upholding the trial court' s unequal division of community property for, among
other things, the husband's violation ofa joint preliminary injunction by charging several
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thousands of dollars i n credit card debt afer the separation, which the wife paid).
Strangely, while spouses cannot do so directly, to some extent the duty of support can
be enforced indirectly, but this seems primarily to beneft creditors, not a market-
disadvantaged spouse. Under the doctrine of necessaries the untitled spouse, in theory, is
allowed to pledge the other spouse' s credit to purchase a necessary. A creditor-but not a
spouse-may have the right to sue to enforce the duty and collect the debt. For a recent
article arguing that the necessaries doctrine and the community property regime more
broadly, may place creditors' rights above spouses, see Andrea Carroll, The Superior
Position of the Creditor in the Community Property Regime: Has the Community Become a
Mere Creditor Collection Device?, SANTA CLARA L. RV. 1 (2007)
Creditors do rely on the support doctrine quite regularly, particularly medical care
providers. A typical example i s where medical care is provided with the assumption that the
patient spouse will pay, but then does not. At that point (frequently after the death of the
patient spouse), the medical care provider attempts, ofen successflly, to establish liability
of the non-patient spouse based on the necessaries doctrine. The non-patient spouse is ofen
held accountable for the medical bills, and even non-marital wealth can be reached. See,
e.g. , Jersey Shore Med. Ctr Fitkin Hosp. v. Estate of Baum, 41 7 A. 2d 1 003, 1 01 0 (N.J.
1 980). Courts have recently grappled with whether liability is sole, joint, or primary and
secondary. The trend seems to be toward primary liability for the debtor spouse and
secondary for the non-debtor Mr Joshi's sole signatory debts are largely very poor
candidates for a doctrine of the necessaries approach towards Ms. Joshi by the various
creditors. Mr. Joshi did have about $7,000 of medical debt for a surgery, but to the extent
that Mr. Joshi seemingly had no idea what surgery was performed or why, it was arguably
not a necessary procedure. The fact that the hospital or medical provider apparently
"wrote-of' nearly $50,000 of the debt would argue against such an application as well
The third party creditors in this case (especiaJly considering the bulk of the debt is not
medical debt) likely reaJize it is not at all clear they will have a right to get paid by Ms.
Joshi, and even if they do, it likely will take costly litigation to determine liability. See, e. g. ,
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Marie T. Reilly, You and Me Against the World: Marriage and Divorce from Creditors'
Perspective, in RECONCEIVING THE FAMILY 1 95, 1 96 (Robin Fretwell Wilson ed.,
I
2006).
2
Mr. Joshi' s arguments concerning his sole signatory credit debts largely based on the
4 illusory promise of the necessaries doctrine For further discussion and citations regarding
the merchant's burden of proof see id. See, also, Mistaking Marriage for Social Policy,
6 Vivian Eulalia Hamilton, William & Mary Law School, Virginia Journal of Social Policy and
7 the Law, Vol. 1 1 , p. 307, Spring 2004. The Settlement ofered to Ms. Joshi was, therefore,
8
largely a chimera. Mr. Coughlin indicated as much in court. He should not be sanctioned
9
for that. Actually, one may consider Mr. Coughlin's recognition of such an arcane wrinkle
in the law to be fairly impressive for an attorney being paid at the low end of salaries for one
J
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in the legal profession. Such analysis does not come without substantial dedication. This
12
seemingly would not be a reason to levy a sanction. Wherefore, the Order should not be
maintained, the Request for Reconsideration granted.
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Isignaturel
CERTIFICATE OF SERVICE AND MAILING
Pursuant to NRCP 5(b), I certif that I am an agent of Zach Coughlin, Esq and that on
the 1 2
th
Day of May, 2009, I electronically fled at Reno, Nevada, a true copy of the
within to fully addressed to.
John Springgate, Esq.
Attorney for Ashwin Bharti
203 S Arlington Ave.
Reno, NV 89501
AFFIRMATION PURSUANT TO NRS 239B030
11 The undersigned does hereby afirm that the preceding document does not contain the
12 social security number of any person.
th
Dated this 20 Day of May, 2009.
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Melissa Ulloa
Melissa Ulloa
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Agent of Zach Coughlin, Esq.
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L Exhibit # 1 - Thiry (30) pages long
INDEX TO EXHIBITS
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CODE:
FILED
Electronically
05-21 - 2009: 11:27:19 AM
Howard W. Conyers
Clerk of the Court
Transaction # 785777
IN THE FAMILY DIVISION
OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
ASHWIN JOSHI,
Plaintiff, Case No. DV08-01168
V .
Dept. No. 14
BHARTI JOSHI,
Defendant.
ORDER DENYING REQUEST FOR RECONSIDERATION
Upon review of the pleadings and papers filed herein, the Court finds and Orders
as follows.
Initially, the Court would like to clarify it has taken under deliberation only those
portions of the motion which are relevant to the award of attorney's fees. Based upon the
'Notice of Substitution of Counsel' filed May 14, 2009, Ms. Joshi has chosen to retain
Washoe Legal Services to represent her for the remainder of this case in the place and
stead of Mr. Coughlin, and requests a final decree of divorce entered as soon as possible.
(Notice, 1:15-21).
A party moving for reconsideration must do so within ten (10) days of the notice of
entry of the order at issue.
WDCR 12(8). If timely filed, motions for reconsideration are
only appropriately granted when the court has misapprehended or made a mistake
regarding a pertinent case fact or issue of law.
Harvey's Wagon Wheel, Inc. v. MacSu?een, 96
Nev. 215, 606 P. 2d 1095 (1980). This type of motion may not be used to present new
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information or to reargue a previously litigated issue. In Re Ross, 99 Nev. 657,688 P.2d
1089 (1983); see also DCR 13(7).
A'Notice of Entry of Order' was filed April 13, 2009. Pursuant to WDCR 12(8),
Mr. Coughlin should have filed the request for reconsideration by April 27, 2009.
Mr. Coughlin filed a 'Request for Adjustment of Filing Date or Extension of Time' on
April 29, 2009, in which he indicates he "attempted to file a timely Request for
Reconsideration on eFile, however, a technical deficiency regarding the signature line
resulted in a rejection of the filing." (Request, 1:17-1:19). This pleading was never
submitted to the Court for a decision and Mr. Coughlin was never granted leave to file his
motion. Mr. Coughlin then proceeded to file a 'Request for Reconsideration; Request for
Extension of Time to Respond' on April 30, 2009.
Despite the procedural deficiencies, the Court finds a review of the substantive
argument presented herein is warranted in consideration of the grave nature of the Court'
holding that Mr. Coughlin is to personally pay opposing counsel's trial fees.
(1) Counsel defended a civil action or proceeding in this Court where such action or
defense was not warranted by existing law, or there was no good faith ar men
for a modification of existing law -
Mr. Coughlin urges the Court to reconsider its ruling that he maintained and
defended this action without existing law, or made no good faith argument to change
existing law. Mr. Coughlin contends his position throughout this case was that his client is
I
entitled to more than $1.00 in alimony per year in exchange for Mr. Joshi taking on over
$20,000.00 of consumer debt. (Request, 9:23-9:27). Mr. Coughlin cites to various opinions
submitted by courts across the country to support the proposition that a "debt to a third
party creditor may not be used to properly offset an alimony obligation." (Request, 1:18 -
11:21,15:11-21:7). The persuasive authority presented herein was never submitted to the
Court prior to this time and thereby cannot be taken into account as it attempts to present
new evidence to support an already litigated issue.
III
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The Court understands from this motion that Mr. Coughlin's position was that his
client was willing to take on community debt so long as she also received an alimony
award. It has become apparent that Mr. Coughlin's underlying intent was to create a
'judgment proof client in that she would ultimately not be able to pay the community
debt allocated to her, but her alimony payments would remain intact. Mr. Coughlin asks
"[w]hat should or would happen if Ms. Joshi was granted alimony and subsequently
moved to discharge her share of the community debt in bankruptcy or simply just failed to
pay these debts?" (Request, 19:21-19:25). Mr. Coughlin's answer to this question is that "a
support obligation (alimony too, not just child support) should be upheld even where the
supported party has failed to live up to the debt distribution terms of a Court's divorce
decree." (Request, 20:1-20:3). Mr. Coughlin advocated for this position although he knew
third party creditors could, and likely would, ultimately go after Mr. Joshi when his client
failed to pay the community debt allocated to her in the decree of divorce. (Mr. Coughlin
states "creditors of such community debt are unaffected by anything in a divorce decree
from pursuing either of the parties for repayment... [and] it is typically very difficult to
pursue a spouse who is not a cosigner with respect to using that spouses separate property
[to] cover any community debt" and "[s]hould Ms. Joshi have been ordered to pay half of
the community credit card debt (for which her personal property probably could not be
used to satisfy as she was not a cosigner on nearly all of the accounts), any subsequent
failure on her part to do so could likely not be used as a proper basis to set off any alimony
award received." (Request 10:24-10:27;17:3-17:11).
Mr. Springgate contends Mr. Coughlin's position lacks merit pursuant to
NRS 125.150 and Siragusa v. Siragusa, as it is well established that this Court has
jurisdiction to modify an award of alimony when one party fails to pay their attributed
share of the community debt. 108 Nev. 987,843 P.2d 807 (1992). Mr. Springgate specifies it
has been Mr. Coughlin's position that Ms. Joshi preferred an equal distribution of debt in
addition to an award of alimony so that she could continue to collect alimony even if she
failed to pay her half of the community debt. Mr. Springgate contends Mr. Coughlin's
3
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pursuit of this matter was vexatious and frivolous "in that it was not grounded under
existing law, and in fact, was essentially urging a distribution of debts and assets in bad
faith." (Opp. 5:11-5:13).
Mr. Coughlin has presented various decisions by courts throughout the United
States in support of his position on alimony and the distribution of community debts.
However, as stated above, the argument and case law presented herein were never
presented to the Court prior to this time. As such, there is no valid argument that the
court has misapprehended or made a mistake regarding a pertinent case fact or issue of
law when Mr. Coughlin is presenting argument and persuasive authority for the first time
in an attempt to re-litigate the issue. Not only did Mr. Coughlin fail to present any of the
argument contained herein at trial, he also failed to present any relevant Nevada law
regarding alimony at trial to sustain the contention that his client was entitled to such
support.
Overall, this portion of Mr. Coughlin's motion lends credence to this Court's
finding that his presentation of the case and arguments in support thereof were
unfounded in fact, unwarranted by existing law, unreasonable, and vexatious (Order,
13:11-13:13). At no point does Mr. Coughlin demonstrate that any of the information
contained herein was presented at trial for the Court to take into consideration. Further,
Mr. Coughlin acknowledges he advocated for a'judgment proof' client and ultimately
contemplated placing Mr. Joshi in such a position that he would be pursued by third party
creditors should Ms. Joshi have been allocated any of the community debt in the decree of
divorce.
Based on the foregoing, the Court denies reconsideration of the award of attorney's
fees.
(2) The Court's 'Order After Trial' is sufficiently detailed and specific to support an
award personally requiring counsel to pay opposing side's attorney's fees -
Mr. Coughlin argues the Court failed to be sufficiently detailed and specific in its
Order with regard to Mr. Coughlin's sanctionable behavior, and with regard to the
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reasonableness of attorney's fees as the Court did not require an affidavit pursuant to
W iller v . W ilfong. ( Request, 11:22 - 21:7; 22:10; 24:16).
The Court would direct Mr. Coughlin to review pages 11-13 of its'Order After
Trial' for specific instances as to why this Court awarded attorney's fees to Mr . Springgate.
As for the contention that Miller was not satisfied, Mr. Coughlin' s assertion of Miller
is unmeritorious under these circumstances . The Supreme Court specified that parties
seeking attorney fees in family law cases must support their fee request with affidavits or
other evidence that meets the factors in Brunzell and Wright. 112 Nev. At 623-624.
The Court witnessed first hand any and all evidence required under Brunzell during the
trial as it observed the qualities of the advocate, the character and difficulty of the work
performed, the actual work performed by the attorney, and the result obtained.
As Mr. Springgate is requesting attorney's fees for only that time spent at trial, there is no
need for any additional evidence to support the reasonableness of Mr . Springgate's fees.
Further, the requirement that the Court take into account the disparity in income pursuant
to W right is nonsensical as the Court is not requiring the fees to be paid by a litigant.
Based upon the foregoing, the Court denies Mr. Coughlin's request for
reconsideration.
(3) Request for extension of time is denied -
Mr. Coughlin requests he be granted "more time to more fully develop this Motion
for Reconsideration and to access the necessary materials from Washoe Legal Services to
do so, including relevant file , work product, video of trial, and record of correspondences
between opposing counsel and Mr. Coughlin. " (Request, 49:24- 50:1).
This Court has substantively considered Mr. Coughlin's 50 page motion despite its
procedural deficiencies . No good cause appears to grant Mr. Coughlin further lenience on
1l!
/ / /
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this.matter. Accordingly, Mr. Coughlin's request for an extension of time to more fully
develop his request for reconsideration is denied.
GOOD CAUSE APPEARING, IT IS SO ORDERED.
Dated: May 2009.
District Court Judge
6
00053

FACT,
LAW,


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CODE: 1745
2
JOHN P. SPRINGGATE, ESQ.
Nevada Bar #1350
3
4
203 South Arlington Avenue
Reno, NV 89501
Telephone: 775.323.8881
Attorey for Plaintif
5
IN THE FAMILY DIVISION
6
I THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
7
IN AND FOR THE COUNTY OF WASHOE
8
* * * * *
9 ASHWIN JOSHI,
10 Plaintif, CASE NO.: DV08-01168
11 vs.
DEPT. NO.: 14
12 BHARTI JOSHI,
13 Defendant.
1
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FINDINGS OF
CONCLUSIONS OF
16 AND DECREE OF DIVORCE
17 The above-entitled matter came on for trial before this COUli on March 11, 2009 and
18 March 12, 2009. ASHWIN JOSHI, Plaintiff, was present and represented by his counsel, JOHN
P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
20 counsel, ZACH COUGHLIN, ESQ. The Court issued its Order Afer Trial which was filed on
21 April 13, 2009.
22 FINDINGS OF FACT
23 I. Plaintiff is a resident of the State of Nevada, and for a period of more than six (6)
weeks before commencement of this action has resided and been physically present and domiciled
in the State of Nevada.
26 2. Defendant is a resident of the State of Nevada, and for a period of more than six
27 (6) weeks before commencement of this action has resided and been physically present and
28 domiciled in the State of Nevada.
00054
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12 JRISDICTION.
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3.
5.
4.
Plaintif and Defendant were married on May 11, 1987 in Bombay, India, and ever
4. There are two children of this maniage, both of whom are now adults.
since that date have been, and now are, Husband and Wife.
Defendant is not pregnant at this time.
6. Plaintif and Defendant have become, and continue to be, incompatible in
marriage, and no reconciliation is possible.
7. The current address of Plaintiff is 1644 Fieldcrest Drive, Sparks, N 89434.
8. The current address of Defendant is 260 Booth Street, Apt. Q, Reno, NV 89509.
9. The Court adopts, as Findings of Fact, each and every Conclusion of Law below,
which by this reference are expressly incorporated herein.
CONCLUSIONS OF LAW
1.
the subject matter herein.
2.
grounds of incompatibility.
3.
This COUli has jurisdiction of Plaintif and Defendant, and of
GROUNDS. Plaintiff is entitled to a Decree of Divorce from Defendant on the
CHILD SUPPORT/ADULT CHILDREN'S EDUCATION. Mr Joshi will not be
held responsible for the continuing education of the adult children of this marriage.
COMMUNITY PROPERTY/DEBT.
Women's Wealth: The "women's wealth" at issue herein is the sole and separate A)
propert of the Defendant. Plaintiff is to contact any and all relatives who may
have this propeliy and immediately ask them to retur said property to the
Defendant as soon as possible.
B) Mr. Joshi's Vehicle: The 2005 Chevrolet Blazer shall be considered as Plaintifs
sole and separate propeliy and Plaintiff shall be responsible for the debt remaining
thereon. Since the car is wOlih about $10,910.00 and there is $15,009.75 due and
owing on the vehicle, M. Joshi's assumption of this asset is to be considered as
an undertaking of community debt of approximately $4, I00.00.
-2-
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Daughter's
Communt
Computer:
Buy

H)
K)
C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
property and she shall be responsible for any debt remaining thereon. Since no
evidence was presented to the COUlt as to the value of the auto, either positive or
negative, there is no value for this community asset.
D) Son's Vehicle: This vehicle is not considered as an asset and will not be divided
among the community.
E) Vehicle: This vehicle is not considered as an asset and will not be
divided among the community.
F) London Bank Account: There is no factual basis to support that this account exists
and therefore it is not being considered a community asset.
G) Bank Accounts: There is no factual basis to SUppOlt that community
bank accounts exist and therefore the same is not being considered a community
asset.
I
The computer which was purchased at Best Buy is awarded to Mr
Joshi.
Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
Said television is currently in Ms. Joshi's possession and shall be deemed her sole
and separate propert.
J) General Credit Card Debt: There is general debt of approximately $15,650.00
which has been expended for community purposes. Mr. Joshi has agreed to be
responsible for this debt and the same shall be considered as his sole and separate
responsibility.
Best Credit Card Debt: There is an approximately balance of $1,314.00
outstanding for the purchase of the television and computer. Mr. Joshi has agreed
to be responsible for this debt and the same shall be considered as his sole and
separate responsibility.
III
III
-3-
00056
Family
Communit
Wolfv. Wolf,









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L) Medical Debt: There is a debt due to St. Mmy's Hospital for $6,735.00 and a debt
due to REMSA for $500.00. Mr. Joshi has agreed to be responsible for these debts
and the same shall be considered as his sole and separate responsibility.
M
Debt: There is a debt due to Ashik Nanaby and a $5,000.00 debt due to
Rod and Meena Fowler. M. Joshi has agreed to be responsible for these debts and
the same shall be considered as his sole and separate responsibility.
N
General Debt: There was no evidence to establish community debt.
Mr. Joshi has agreed to take the remaining community debt in his name that is
outstanding and the debt shall be his sole and separate responsibility. I should be
noted that M. Joshi has likely incurred an unequal distribution of the community
debt of the parties and the Court finds his testimony to be a compelling reason for
making an unequal distribution of the community debt.
SPOUSAL SUPPORT: The COU1t has found that M. Joshi is 51 and Ms. Joshi is
46 and the pmties ear roughly equivalent amounts and that, afer consideration of net income,
deduction of taxes, including the amount paid on paying of community debt, as set fOlth above,
and in light of the fact the parties ha ve been married for twenty-one (21) years and Ms. Joshi has
always been employed during that time, inclusive of the fact that she obtained a college degree
prior to marriage, both parties being healthy and able to work, the Court does not believe that Ms.
112 Nev. Joshi is entitled to an award of alimony, pursuant to NRS 125.15(1)(A),
1355, 929 P.2d 196 (1996), and Shydler v. Shydler, 194 Nev. 192, 196,954 P.2d 37,39 (1988).
6. ATTORNEY'S FEES: The Court has the discretion to award attorey's fees in a
divorce action, pursuant to NRS 125.150(3), and Love v. Love, 114 Nev. 572, 959 P.2d 523
(1998). There is fther authority for fees pursuant to NRS 18.01 0(2)(B), and NRS 7.085. Based
on the above and foregoing, former counsel for the Defendant is ordered to pay attorney's fees in
the amount of $934.00 within thirty (30) days of this Order and Decree.
JDGMENT AND DECREE OF DIVORCE
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJDGED, AND DECREED
that:
00057
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__










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1 1. Plaintif, ASHWIN JOSHI be, and he is, finally and absolutely divorced fom
2 Defendant, BHARTI JOSHI, and that the bonds of matrimony heretofore existing between
3 Plaintif, ASHWIN JOSHI, and Defendant, BHARTI JOSHI, be, and they hereby are, dissolved,
4 and the paliies hereto are restored to the status of single and unmalTied persons.
2. The Defendant's name shall be restored to that ofBHARTI R. DAVE.
6 3. The matter, as set forth in the preceding Findings of Fact, Conclusions of Law, and
7 Decree of Divorce, is hereby ratifed, adopted, and approved, and the paliies are ordered to comply
8 with the terms of such.
9 IT IS SO ORDERED.
DATED this day of 2009. .
11
12
13 DISTRICT COURT JUDGE
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-5-
00058
Close Print
WDCR 9 Proposed Final Decree, RE: discovery requests
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 5/24/09 7:19 PM
To: springgatelaw@sbcglobal.net
Hi Jon,
Have you submitted a Final Decree or Findings of Fact yet? Will you be providing me a copy.
Apparently, I am not able to access efile for this case, so I assume that means you could not serve me
such a document via efile. Do you intend to assert that I am not entitled to a copy of the proposed
order, pursuant to WDCR 9? If I am, I have 5 days to object to it, etc...I know we previously discussed
language for bankruptcy concerns in our settlement discussion, but I feel it is important for the final
order to specify what is for what so that any 523-a-15 or 523-a-5 issues do not become problematic;
granted she is WLS's client...However, to the extent that the Final Decree spells out the sanctions, I
believe I am entitled to 5 days to review any proposed Final Decree prior to your submitting it. Please
let me know what you intend to do. Hopefully you received my Reply to your Opposition. Can you
respond to my earlier question, see below, regarding whether you ever sent any discovery requests to
Ms. Joshi?
Sincerely,
Zach Coughlin
From: zachcoughlin@hotmail.com
To: springgatelaw@sbcglobal.net
Subject: discovery requests
Date: Mon, 18 May 2009 09:43:17 -0700
Hi John,
Do you have any record of sending any discovery requests to Bharti Joshi? If so, could you indicate
what they were and when and provide a copy?
Sincerely,
Zach Coughlin, Esq.
Insert movie times and more without leaving Hotmail. See how.
Windows Live: Keep your life in sync. Check it out.
00059
2/26/13 Outlook Print Message
https://bay002.mail.live.com/mail/PrintMessages.aspx?cpids=1c8e275f-061f-44a6-8b13-2f8641bf6fa4,m&isSafe=false&FolderID=66666666-6666-6666-6666-666 1/3
RE: DV08-01168
From: Fladager, Cindy (Cindy.Fladager@washoecourts.us) You moved this
message to its current location.
Sent: Tue 5/26/09 1:04 PM
To: Purdy, Michelle (Michelle.Purdy@washoecourts.us); WebFiling
(filing@washoecourts.us); Prince, Teresa
(Teresa.Prince@washoecourts.us)
Cc: zachcoughlin@hotmail.com; Franden, Craig
(craig.franden@washoecourts.us)
Hello Teresa:

I am forwarding this to you for response from the Filing Office - as
Michelle is out of the office today and tomorrow.

Note to Zach: You may wish to contact Teresa Prince directly regarding
this issue at 328-3103.

Thank you,
Cindy

Cindy Fladager
Business Systems Analyst II
Court Technology
Second Judicial District Court
75 Court Street
Reno NV 89501
775-328-3087
cindy.fladager@washoecourts.us

From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Sunday, May 24, 2009 1:01 AM
To: Purdy, Michelle; WebFiling; Fladager, Cindy
Subj ect: RE: DV08-01168
00060
2/26/13 Outlook Print Message
https://bay002.mail.live.com/mail/PrintMessages.aspx?cpids=1c8e275f-061f-44a6-8b13-2f8641bf6fa4,m&isSafe=false&FolderID=66666666-6666-6666-6666-666 2/3
Dear Michelle, Cindy, and Filing Office,
Thank you for your reply. I should point out that I do not believe I said I was still the attorney of record
for Ms. Joshi when I called about this. I am not her attorney anymore. However, I am still affected by this
case, and as such, it seems like it would be fair for me to have access to these files on efile.
One thing that I need to inquire about it that I filed a Reply to Mr. Springgate's Opposition to my Motion
for Reconsideration on May 20th. I got a call on Friday from Jenna at the filing office indicating she
needed to speak to me about this. I have not been able to talk with her about this yet. I see on Court
Connect that my Reply, filed on May 20th, does not appear as an entry. I see Judge Gardner filed an
Order denying the Motion for Reconsideration on May 21st. I would like my Reply to be part of the
record, even if Judge Gardner had already ruled. District Court Rules provide that I had 5 judicial days to
file a Reply to Springgate's Opposition, and mine was filed within that time frame. Even if Judge Gardner
does not consider my Reply, it can become part of my Appeal/Mandamus on this issue, and that is my
reasoning for wishing to see that it is filed and reflected in the record. If I am continued to be denied
efile access to this file, will I be, for instance, mailed Judge Gardner's Order. Will I have the 3 days for
mailing rule applied rather than service counting, in relation to me, upon Mr. Springgate or someone else
filing something in this case (that affects me) on eFile?
I appreciate your reply.
Sincerely,
Zach Coughlin, Esq.
tel 338 8118
Subject: RE: DV08-01168
Date: Thu, 21 May 2009 07:41:18 -0700
From: Michelle.Purdy@washoecourts.us
To: Cindy.Fladager@washoecourts.us
CC: zachcoughlin@hotmail.com
Mr. Coughlin was substituted out of the case by Washoe Legal Services on May 14, 2009.
Michelle Purdy
Deputy Clerk III
2nd Judicial Distr ict Court, Filing Offi ce
75 Court Str eet, Room 131
Reno, NV 89501
(775)328-3107
Michelle.Purdy@washoecourts.us
_____________________________________________
From: Fladager, Cindy
Sent: Wednesday, May 20, 2009 4:18 PM
To: Purdy, Michelle
Cc: 'zachcoughlin@hotmail.com'
Subject: DV08-01168
Hello Michelle:
Forwarded to you for a Filing Office response.
Zach Coughlin, bar 9473, stated he is still attorney on case DV08-01168 and should be able to view
images, however, he has been ended as attorney of record and cannot access documents in eFlex.
ASHWIN JOSHI VS. BHARTI JOSHI.
I copying him on this email and suggested that he phone you at 328-3107 directly for resolution.
00061
2/26/13 Outlook Print Message
https://bay002.mail.live.com/mail/PrintMessages.aspx?cpids=1c8e275f-061f-44a6-8b13-2f8641bf6fa4,m&isSafe=false&FolderID=66666666-6666-6666-6666-666 3/3
Thank you,
Cindy
Cindy Fladager
Business Systems Analyst II
Court Technology
Second Judicial District Court
75 Court Street
Reno NV 89501
775-328-3087
cindy.fladager@washoecourts.us
Hotmail has ever-growing storage! Dont worry about storage limits. Check it out.
00062
Close Print
Re: WDCR 9 Proposed Final Decree, RE: discovery requests
From: John Springgate (springgatelaw@sbcglobal.net) You moved this message to its current location.
Sent: Tue 5/26/09 5:14 PM
To: zachcoughlin@hotmail.com
1 attachment
20090526171158758.pdf (345.0 KB)
1. The proposed order was filed May 21. I have attached a copy via
pdf. I kept it very sparse on the sanctions.
2. The bankruptcy concerns are not your issue, she is not your client.
3. I did my discovery in the 16.1.
/s/ John
Zach Coughlin wrote:
> Hi Jon,
> Have you submitted a Final Decree or Findings of Fact yet? Will you
> be providing me a copy. Apparently, I am not able to access efile for
> this case, so I assume that means you could not serve me such a
> document via efile. Do you intend to assert that I am not entitled
> to a copy of the proposed order, pursuant to WDCR 9? If I am, I have
> 5 days to object to it, etc...I know we previously discussed language
> for bankruptcy concerns in our settlement discussion, but I feel it is
> important for the final order to specify what is for what so that any
> 523-a-15 or 523-a-5 issues do not become problematic; granted she is
> WLS's client...However, to the extent that the Final Decree spells out
> the sanctions, I believe I am entitled to 5 days to review any
> proposed Final Decree prior to your submitting it. Please let me know
> what you intend to do. Hopefully you received my Reply to your
> Opposition. Can you respond to my earlier question, see below,
> regarding whether you ever sent any discovery requests to Ms. Joshi?
> Sincerely,
> Zach Coughlin
>
> ------------------------------------------------------------------------
> From: zachcoughlin@hotmail.com
> To: springgatelaw@sbcglobal.net
> Subject: discovery requests
> Date: Mon, 18 May 2009 09:43:17 -0700
>
> Hi John,
> Do you have any record of sending any discovery requests to Bharti
> Joshi? If so, could you indicate what they were and when and provide
> a copy?
> Sincerely,
> Zach Coughlin, Esq.
>
>
>
>
> ------------------------------------------------------------------------
> Insert movie times and more without leaving Hotmail. See how.
> <http://windowslive.com/Tutorial/Hotmail/QuickAdd?
ocid=TXT_TAGLM_WL_HM_Tutorial_QuickAdd1_052009>
> ------------------------------------------------------------------------
> Windows Live: Keep your life in sync. Check it out.
> <http://windowslive.com/explore?ocid=TXT_TAGLM_BR_life_in_synch_052009>
00063
00064
00065
00066
FW: WDCR 9 Proposed Final Decree, RE:
discovery requests
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 5/28/09 10:46 AM
To: Marc Ashley (mashley@washoelegalservices.org);
dpringle@washoelegalservices.org;
csternlicht@washoelegalservices.org
1 attachment
20090526171158758.pdf (345.0 KB)
Dear Washoe Legal Services,
Please see my concerns in the emails below. The proposed Decree submitted by Mr. Springgate presents
real problems for Ms. Joshi. Specifically the debt distribution is in no way referred to as being
characterized as in lieu of alimony or given any similar treatment. There is a wealth of authority, some of
which I have provided and some of which is contained in my emails to Mr. Springgate during the pre-trial
phase of the Joshi litigation that spells out why this is disadvantageous to Ms. Joshi. Bankruptcy law
specifically 532a(15) could potentially see Mr. Joshi, upon the requisite showing, be discharged of the
debt distributed in the decree and not forced to pay alimony.
Sincerely,
Zach Coughlin, Esq.
> Date: Tue, 26 May 2009 17:13:54 -0700
> From: springgatelaw@sbcglobal.net
> To: zachcoughlin@hotmail.com
> Subject: Re: WDCR 9 Proposed Final Decree, RE: discovery requests
>
> 1. The proposed order was filed May 21. I have attached a copy via
> pdf. I kept it very sparse on the sanctions.
>
> 2. The bankruptcy concerns are not your issue, she is not your client.
>
> 3. I did my discovery in the 16.1.
>
> /s/ John
>
> Zach Coughlin wrote:
> > Hi Jon,
00067
> > Have you submitted a Final Decree or Findings of Fact yet? Will you
> > be providing me a copy. Apparently, I am not able to access efile for
> > this case, so I assume that means you could not serve me such a
> > document via efile. Do you intend to assert that I am not entitled
> > to a copy of the proposed order, pursuant to WDCR 9? If I am, I have
> > 5 days to object to it, etc...I know we previously discussed language
> > for bankruptcy concerns in our settlement discussion, but I feel it is
> > important for the final order to specify what is for what so that any
> > 523-a-15 or 523-a-5 issues do not become problematic; granted she is
> > WLS's client...However, to the extent that the Final Decree spells out
> > the sanctions, I believe I am entitled to 5 days to review any
> > proposed Final Decree prior to your submitting it. Please let me know
> > what you intend to do. Hopefully you received my Reply to your
> > Opposition. Can you respond to my earlier question, see below,
> > regarding whether you ever sent any discovery requests to Ms. Joshi?
> > Sincerely,
> > Zach Coughlin
> >
> > ------------------------------------------------------------------------
> > From: zachcoughlin@hotmail.com
> > To: springgatelaw@sbcglobal.net
> > Subject: discovery requests
> > Date: Mon, 18 May 2009 09:43:17 -0700
> >
> > Hi John,
> > Do you have any record of sending any discovery requests to Bharti
> > Joshi? If so, could you indicate what they were and when and provide
> > a copy?
> > Sincerely,
> > Zach Coughlin, Esq.
> >
> >
> >
> >
> > ------------------------------------------------------------------------
> > Insert movie times and more without leaving Hotmail. See how.
> > <http://windowslive.com/Tutorial/Hotmail/QuickAdd?
ocid=TXT_TAGLM_WL_HM_Tutorial_QuickAdd1_052009>
> > ------------------------------------------------------------------------
> > Windows Live: Keep your life in sync. Check it out.
> > <http://windowslive.com/explore?ocid=TXT_TAGLM_BR_life_in_synch_052009>
Insert movie times and more without leaving Hotmail. See how.
00068
Close Print
RE: DV08-01168
From: Purdy, Michelle (Michelle.Purdy@washoecourts.us) You moved this message to its current
location.
Sent: Thu 5/28/09 10:59 AM
To: zachcoughlin@hotmail.com
Cc: Prince, Teresa (Teresa.Prince@washoecourts.us)
Mr. Coughlin:

If you wish to have access, you would need to file a Notice of Appearance as a Real Party In Interest in
the matter and tender a $88.00 first appearance fee. As was stated earlier, Washoe Legal Service
substituted you out as the attorney so therefore you were ended as a party.

Michelle Purdy
Deputy Clerk III
2nd Judicial District Court, Filing Office
75 Court Street, Room 131
Reno, NV 89501
(775)328-3107
Michelle.Purdy@washoecourts.us

From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Thursday, May 28, 2009 10:52 AM
To: Purdy, Michelle
Subject: RE: DV08-01168
Hello Ms. Purdy,
I am still affected by this case considering the attorney fee's sanction that was levied against me
personally. Additionally, I have filed an Appeal/Mandamus Petition in that regard. I feel it is arguably
fair and or necessary that I continue to have access to all materials in this file via eFlex and ask that
you consider granting me such access.
Sincerely,
Zach Coughlin, Esq.
Tel: 775 338 8118
945 W. 12th St.
Reno, NV 89503
Subject: RE: DV08-01168
Date: Thu, 21 May 2009 07:41:18 -0700
From: Michelle.Purdy@washoecourts.us
To: Cindy.Fladager@washoecourts.us
CC: zachcoughlin@hotmail.com
00069
Mr. Coughlin was substituted out of the case by Washoe Legal Services on May 14, 2009.
Michelle Purdy
Deputy Clerk III
2nd Judicial District Court, Filing Office
75 Court Street, Room 131
Reno, NV 89501
(775)328-3107
Michelle.Purdy@washoecourts.us
_____________________________________________
From: Fladager, Cindy
Sent: Wednesday, May 20, 2009 4:18 PM
To: Purdy, Michelle
Cc: 'zachcoughlin@hotmail.com'
Subject: DV08-01168
Hello Michelle:
Forwarded to you for a Filing Office response.
Zach Coughlin, bar 9473, stated he is still attorney on case DV08-01168 and should be able to view
images, however, he has been ended as attorney of record and cannot access documents in eFlex.
ASHWIN JOSHI VS. BHARTI JOSHI.
I copying him on this email and suggested that he phone you at 328-3107 directly for resolution.
Thank you,
Cindy
Cindy Fladager
Business Systems Analyst II
Court Technology
Second Judicial District Court
75 Court Street
Reno NV 89501
775-328-3087
cindy.fladager@washoecourts.us
Hotmail goes with you. Get it on your BlackBerry or iPhone.
00070
RE: DV08-01168
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 5/28/09 10:51 AM
To: michelle.purdy@washoecourts.us
Hello Ms. Purdy,
I am still affected by this case considering the attorney fee's sanction that was levied against me
personally. Additionally, I have filed an Appeal/Mandamus Petition in that regard. I feel it is arguably
fair and or necessary that I continue to have access to all materials in this file via eFlex and ask that you
consider granting me such access.
Sincerely,
Zach Coughlin, Esq.
Tel: 775 338 8118
945 W. 12th St.
Reno, NV 89503
Subject: RE: DV08-01168
Date: Thu, 21 May 2009 07:41:18 -0700
From: Michelle.Purdy@washoecourts.us
To: Cindy.Fladager@washoecourts.us
CC: zachcoughlin@hotmail.com
Mr. Coughlin was substituted out of the case by Washoe Legal Services on May 14, 2009.
Michelle Purdy
Deputy Clerk III
2nd Judicial Distr ict Court, Filing Offi ce
75 Court Str eet, Room 131
Reno, NV 89501
(775)328-3107
Michelle.Purdy@washoecourts.us
_____________________________________________
From: Fladager, Cindy
Sent: Wednesday, May 20, 2009 4:18 PM
To: Purdy, Michelle
Cc: 'zachcoughlin@hotmail.com'
Subject: DV08-01168
Hello Michelle:
Forwarded to you for a Filing Office response.
Zach Coughlin, bar 9473, stated he is still attorney on case DV08-01168 and should be able to view
00071
images, however, he has been ended as attorney of record and cannot access documents in eFlex.
ASHWIN JOSHI VS. BHARTI JOSHI.
I copying him on this email and suggested that he phone you at 328-3107 directly for resolution.
Thank you,
Cindy
Cindy Fladager
Business Systems Analyst II
Court Technology
Second Judicial District Court
75 Court Street
Reno NV 89501
775-328-3087
cindy.fladager@washoecourts.us
Hotmail goes with you. Get it on your BlackBerry or iPhone.
00072
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CODE: 1745
JOHN P. SPRINGGATE,ESQ.
NevadaBar#1350
203 SouthArlingtonAvenue
Reno, NV 89501
Telephone: 775.323.8881
Attorneyfor Plaintiff
INTHEFAMILYDIVISION
IN THESECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INAND FORTHECOUNTYOFWASHOE
*****
ASHWINJOSHI,
Plaintiff, CASENO.: DV08-01168
vs. DEPT.NO.: 14
BHARTIJOSHI,
Defendant.
____________----'1
FINDINGSOFFACT,
CONCLUSIONSOFLAW,
AND DECREEOFDIVORCE
The above-entitled mattercame on for trial before this Court on March 11, 2009 and
March 12,2009. ASHWINJOSHI,Plaintiff,waspresentandrepresentedbyhiscounsel,JOHN
P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
counsel, ZACHCOUGHLIN, ESQ. The Courtissuedits OrderAfterTrial whichwas filed on
April 13,2009.
FINDINGSOFFACT
1. Plaintiff is a residentof the Stateof Nevada, and for a periodof more than six (6)
weeksbeforecommencementofthisactionhasresidedandbeenphysicallypresentanddomiciled
inthe StateofNevada.
2. Defendantisaresidentofthe State ofNevada,and foraperiodof more thansix
(6) weeks before commencement ofthis action has resided and been physically present and
domiciledinthe Stateof Nevada.
5
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15 FACT,
LAW,
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F I L E D
Electronically
06-19-2009:09:57:23 AM
Howard W. Conyers
CODE: 1745
Clerk of the Court
JOHN P. SPRINGGATE, ESQ.
Transaction # 846216
Nevada Bar #1350
203 South Arlington Avenue
Reno,N 89501
Telephone: 775.323.8881
Attorey for Plaintiff
IN THE F AMIL Y DIVISION
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
*****
ASHWIN JOSHI,
Plaintiff, CASE NO.: DV08-01168
11 vs. DEPT. NO.: 14
12 BHARTIJOSHI,
13 Defendant.
14
FINDINGS OF
CONCLUSIONS OF
16 AND DECREE OF DIVORCE
17 The above-entitled matter came on for trial before this Court on March 11, 2009 and
18 March 12,2009. ASHWIN JOSHI, Plaintiff, was present and represented by his counsel, JOHN
P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
counsel, ZACH COUGHLIN, ESQ. The Court issued its Order Afer Trial which was fled on
21 April 13, 2009.
22 FINDINGS OF FACT
23 1. Plaintiff is a resident of the State of Nevada, and for a period of more than six (6)
24 weeks before commencement of this action has resided and been physically present and domiciled
in the State of Nevada.
26 2. Defendant is a resident of the State of Nevada, and for a period of more than six
27 (6) weeks before commencement of this action has resided and been physically present and
28 domiciled in the State of Nevada.
00073
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3. Plaintiffand Defendant were married on May 11, 1987 in Bombay, India, and ever
sincethatdate have been, andnoware, Husbandand Wife.
4. There aretwo childrenofthismarriage,bothofwhomare now adults.
5. Defendantisnotpregnantatthis time.
6. Plaintiff and Defendant have become, and continue to be, incompatible in
marriage,and noreconciliationispossible.
7. The currentaddressofPlaintiffis 1644FieldcrestDrive, Sparks,NV 89434.
8. The currentaddressof Defendantis260BoothStreet, Apt. Q, Reno, NV 89509.
9. The Courtadopts,asFindingsof Fact, each and everyConclusionof Lawbelow,
whichbythis referenceareexpresslyincorporatedherein.
CONCLUSIONSOFLAW
1. JURISDICTION. This CourthasjurisdictionofPlaintiffand Defendant,and of
the subjectmatterherein.
2. GROUNDS. Plaintiffis entitledto aDecreeofDivorcefromDefendanton the
grounds ofincompatibility.
3. CHILDSUPPORT/ADULTCHILDREN'SEDUCATION. MrJoshi willnotbe
held responsibleforthe continuingeducationofthe adult childrenofthis marriage.
4. COMMUNITYPROPERTY/DEBT.
A) Women'sWealth:The"women'swealth"atissuehereinisthe sole andseparate
propertyofthe Defendant. Plaintiffisto contactany and all relativeswho may
have this property and immediately ask them to return said property to the
Defendantassoon aspossible.
B) Mr.Joshi'sVehicle: The 2005 ChevroletBlazershall beconsideredasPlaintiff's
soleandseparatepropertyandPlaintiffshallberesponsibleforthedebtremaining
thereon. Sincethecarisworthabout$10,910.00andthere is$15,009.75dueand
owingon the vehicle,Mr. Joshi'sassumptionofthis asset istobe consideredas
anundertakingofcommunitydebt ofapproximately$4,100.00.
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which by this reference are expressly incorporated herein.
11 CONCLUSIONS OF LAW
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12 1. JURISDICTION. This Court has jurisdiction of Plaintiff ad Defendant, and of
13 the subject matter herein.
14 2. Plaintiff is entitled to a Decree of Divorce from Defendant on the
15 grounds of incompatibility.
16 3. CHILD SUPPORT/ADULT CHILDREN'S EDUCATION. Mr Joshi will not be
17 held responsible for the continuing education of the adult children of this marriage.
18 4.
GROUNDS.
COMMUNITY PROPERTY/DEBT.
property of the Defendant.
Defendant as soon as possible.
3. Plaintiff and Defendant were maried on May 11, 1987 in Bombay, India, and ever
since that date have been, ad now are, Husband and Wife.
4. There are two children of this marriage, both of whom are now adults.
5. Defendant is not pregnant at this time.
6.
Plaintiff and Defendant have become, and continue to be, incompatible in
marriage, ad no reconciliation is possible.
The current address of Plaintiff is 1644 Fieldcrest Drive, Sparks, N 89434.
8.
The current address of Defendant is 260 Booth Street, Apt. Q, Reno, N 89509.
The Court adopts, as Findings of Fact, each and every Conclusion of Law below,
A) Women's Wealth: The "women's wealth" at issue herein is the sole and separate
20 Plaintiff is to contact any and all relatives who may
21 have this property and immediately ask them to return said property to the
22
23 B) Mr. Joshi's Vehicle: The 2005 Chevrolet Blazer shall be considered as Plaintif's
sole and separate property and Plaintiff shall be responsible for the debt remaining
thereon. Since the car is worth about $10,910.00 and there is $15,009.75 due and
26 owing on the vehicle, Mr. Joshi's assumption of this asset is to be considered as
27 an undertaking of community debt of approximately $4,100.00.
28
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C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
2
property and she shall be responsible for any debt remaining thereon. Since no
3
evidence was presented to the Court as to the value of the auto, either positive or
4
negative, there is no value for this community asset.
D) Son's Vehicle: This vehicle is not considered as an asset and will not be divided
6 among the community.
7
E) Daughter's Vehicle: This vehicle is not considered as an asset and will not be
8 divided among the community.
9
F) London Bank Account: There is no factual basis to support that this account exists
and therefore it is not being considered a community asset.
11 G) Community Bank Accounts: There is no factual basis to support that community
12 bank accounts exist and therefore the same is not being considered a community
13 asset.
14 H) Computer: The computer which was purchased at Best Buy is awarded to Mr
Joshi.
16 I) Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
17 Said television is currently in Ms. Joshi's possession and shall be deemed her sole
18 and separate property.
19 J) General Credit Card Debt: There is general debt of approximately $15,650.00
which has been expended for community purposes. Mr. Joshi has agreed to be
21 responsible for this debt and the same shall be considered as his sole and separate
22 responsibility.
23 K) Best Buy Credit Card Debt: There is an approximately balance of $1,314.00
24 outstanding for the purchase ofthe television and computer. Mr. Joshi has agreed
to be responsible for this debt and the same shall be considered as his sole and
26 separate responsibility.
27 III
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Daughter'S
Communit
Computer:
Buy
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E)
K)
C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
2 property and she shall be responsible for any debt remaining thereon. Since no
3 evidence was presented to the Court as to the value of the auto, either positive or
4 negative, there is no value for this community asset.
D) Son's Vehicle: This vehicle is not considered as an asset and will not be divided
6 among the community.
Vehicle: This vehicle is not considered as an asset and will not be
8 divided among the community.
9 F) London Bank Account: There is no factual basis to support that this account exists
and therefore it is not being considered a community asset.
11 G) Bank Accounts: There is no factual basis to support that community
12 bank accounts exist and therefore the same is not being considered a community
13 asset.
14 H) The computer which was purchased at Best Buy is awarded to Mr
Joshi.
16 I) Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
17 Said television is currently in Ms. Joshi's possession and shall be deemed her sole
18 and separate property.
19 J) General Credit Card Debt: There is general debt of approximately $15,650.00
which has been expended for community purposes. Mr. Joshi has agreed to be
21 responsible for this debt and the same shall be considered as his sole ad separate
22 responsibility.
Best Credit Card Debt: There is an approximately balance of $1,314.00
24 outstanding for the purchase of the television and computer. Mr. Joshi has agreed
to be responsible for this debt and the same shall be considered as his sole and
26 separate responsibility.
27 III
28 III
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L) Medical Debt: There isadebtduetoSt.Mary'sHospital for$6,735.00andadebtto
REMSA for$500.00. Mr.Joshihasagreedtoberesponsible forthesedebtsandthe
sameshallbeconsidered ashissoleandseparateresponsibility.
M) Family Debt: ThereisadebtduetoAshikNanaby anda$5,000.00 debtduetoRod
andMeena Fowler. Mr.Joshihasagreedtoberesponsible forthesedebtsandthe
sameshallbeconsidered ashissoleandseparateresponsibility.
N) General CommunityDebt: Therewasnoevidencetoestablish community debt. Mr.
Joshiagreedtotaketheremainingcommunity debt inhisnamethatisoutstanding
andthedebtshallbehissoleandseparateresponsibility. ItshouldbenotedthatMr.
Joshihas likely incurred an unequal distributionof the community debtof the parties
andtheCourtfindshistestimonytobeacompelling reasonformakinganunequal
distributionof thecommunitydebt.
5. Spousal Support: TheCourthasfoundthat Mr.Joshi is51andMs.Joshiis46;the
partiesearnroughly equivalent amounts;thepartieshavebeenmarried 21yearsbutMs.Joshihas
alwaysbeenemployed duringthattime;Ms.Joshihasacollegedegree; bothpartiesareableto
work; and after considerationof the net income, deduction of taxes, and the amount paid in
communitydebtbyMr.Joshi, anawardofalimonyintheamount ofonedollar($1.00)shallbe
awardedtoMs.JoshipursuanttoNRS 125.150,Wolffv. Wolff 112Nev. 1355,929P.2d 196,and
Shydler v. Shydler, 194Nev. 192,196,954P.2d37,39(1988).
III
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Family
Community
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L) Medical Debt: There is a debt due to St. Mary's Hospital for $6,735.00 and a debt to
RMSA for $500.00. Mr. Joshi has agreed to be responsible for these debts and the
same shall be considered as his sole and separate responsibility.
M) Debt:
General Debt:
distribution of the community debt.
There is a debt due to Ashik Nanaby and a $5,000.00 debt due to Rod
and Meena Fowler. Mr. Joshi has agreed to be responsible for these debts and the
same shall be considered as his sole and separate responsibility.
N) There was no evidence to establish community debt. Mr.
Joshi agreed to take the remaining community debt in his name that is outstanding
and the debt shall be his sole and separate responsibility. It should be noted that Mr.
Joshi has likely incurred an unequal distribution of the community debt of the paies
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and the Court fnds his testimony to be a compelling reason for making an unequal
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5. The Court has found that Mr. Joshi is 51 and Ms. Joshi is 46; the
paries ear roughly equivalent amounts; the paies have been married 21 years but Ms. Joshi has
always been employed during that time; Ms. Joshi has a college degree; both paies are able to
work; and afer consideration of the net income, deduction of taxes, and the amount paid in
16
community debt by Mr. Joshi, an award of alimony in the amount of one dollar ($1.00) shall be
17
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awarded to Ms. Joshi pursuant to NRS 125.150, H5gv. H5g112 Nev. 1355,929 P.2d 196, and
19
Sayd|crv. Sayd|cr,194 Nev. 192, 196,954 P.2d 3 7, 39 (1988).
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JUDGEMENTANDDECREEOF DIVORCE
NOW,THEREFORE,IT ISHEREBYORDERED,ADJUDGED,ANDDECREED 1.
Plaintiff,ASHWINJOSHIbe, and he is,finally and absolutelydivorcedfrom Defendant,
BHARTIJOSHI,and that the bonds ofmatrimonyheretoforeexistingbetweenPlaintiffASHWIN
JOSHI, and Defendant,BHARTIJOSHI,be,and theyherebyare, dissolved,and thepartieshereto
arerestoredtothe statusofsingleandunmarriedpersons.
2. There Defendant'snameshall berestoredtothat ofBHARTIR.DAVE.
3. The matter,assetforthin theprecedingFindingsof Fact, ConclusionsofLaw, and
DecreeofDivorce,isherebyratified, adopted,and approved,and thepartiesare
Orderedto complywith thetermsofsuch.
GOODCAUSEAPPEARING,IT IS SOORDERED.
Dated: June1
lui
.
,1 \ /
.' .:
Lin M. Gardner
DistrictCourtJudge
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1 -09.
JUDGEMENT AND DECREE OF DIVORCE
2 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED 1.
3 Plaintif, ASHWIN JOSHI be, and he is, fnally and absolutely divorced from Defendant,
4
BHARTIJOSHI, and that the bonds of matrimony heretofore existing between Plaintiff ASHWIN
JOSHI,and Defendant,BHARTIJOSHI,be, and they hereby are, dissolved, and the parties hereto
6
are restored to the status of single and unmarried persons.
7
2. There Defendant's name shall be restored to that of BHARTI R. DAVE.
8
3. The matter, as set forthin the preceding Findings of Fact, Conclusions of Law, and
9
Decree of Divorce, is hereby ratifed, adopted, and approved, and the parties are
Ordered to comply with the terms of such.
11
GOOD CAUSE APPEARING, IT IS SO ORDERED.
12
13
Dated: JlUle
14
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Lin
17 District Court Judge
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AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affirm that the preceding document
does not contain the social security number of any person.
Dated this 26th day of October, 2009.
Zach Coughlin, Esq.
9
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Petition for Writ of Mandamus Page 18
00078
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THE FAY DIVISION
THE SECOND JICIAL DISTRICT COUT OF THE STATE OF NEVADA
P FOR TH COUY OF WASHOE
Case No.
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copy of the relevant portion of the Order i8attached to tis Motion.
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00079

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24
POINTS AND AUTHORITIES FOR MOTION FOR OTHER TO SHOW CAUSE
0 Nevada Revised !8Iul0 1.210(3) states that `[I|h0 LOuHha the power to compel
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obedience to its orders." Nevada Revised bI8l0I022.010(3) provides that the "refusal to dbId0b
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00081
Report Selection Criteria
Case ID: DV09-00163
Docket Start Date:
Docket Ending Date:
Case Description
Case ID: DV09-00163 - GASPAR ISAKSON VS NANETTE ISAKSON (D14)
Filing Date: Tuesday , Jaua!y "#$%, "009
Type: DO - DIVOR&E - NO &'I(DREN
Status: &(OSED - &ase &)*sed
Related Cases
No related cases were found.
Case Event Schedule
No case events were found.
Case Parties
Seq # Assoc Expn Date Type ID Name
1 Jud+e D14 A!DNE!" #$N$!A%&E
&INDA
Address: P, O, -O. 300/3
RENO NV /90"0
Aliases: 'ARPSTER, R'ONDA (EANN

" P)a1$122 3110#003 ISA'S$N" AS(A!
Address: unavailable Aliases: ISAKSON, GASPAR -4&A5AN

4 De2eda$ 3110#004 ISA'S$N" NANETTE
Address: unavailable Aliases: none

6 3,/ P)a1$1226&*u$e!-De2$ 3110#003 ISA'S$N" AS(A!
Address: unavailable Aliases: ISAKSON, GASPAR -4&A5AN
169
00082

# 0,9 De2eda$
&*u$e!7)a18a$
3110#004 ISA'S$N" NANETTE
Address: unavailable Aliases: none

Docket Entries
Filing Date Description Name )onetary
"#-JAN-"009
03910 P:
;;&1<1) &*<e! S%ee$
Entry: none.

"#-JAN-"009
03911 P:
=&*8>)a1$-D1<*!7e N* &%1)d!e ISAKSON, GASPAR
Entry: GASPAR ISAKSON

"#-JAN-"009
03911 P:
A221da<1$ *2 Res1de$ ?1$ess ISAKSON, GASPAR
Entry: ARISTOT(E -4&A5AN

"#-JAN-"009
0391" P:
;; Su88*s Issued
Entry: 1

"#-JAN-"009
03913 P:
;;Pay8e$ Re7e1>$ed
Entry: A Pay8e$ *2 -=160,00 @as 8ade * !e7e1>$ D&D&""3#00,

"9-JAN-"009
0"9"/ P:
;; EA%1B1$(s) ,,,
Entry: E.'I-IT 1 TO &O:P(AINT COR DIVOR&E

1/-CE--"009
1090/ A:
C1a71a) De7)a!a$1* ,,, ISAKSON, GASPAR
"69
00083
Entry: S'ORT COR: GASPAR ISAKSON

1/-CE--"009
10909 A:
'!+ EA%1B1$s :a1$d 1 C1)e ISAKSON, GASPAR
Entry: E.'I-IT 1 TO ANS?ER COR DIVOR&E

1/-CE--"009
10909 A:
D1<*!7e &ase :+$ &*2 S$a$8$ ISAKSON, GASPAR
Entry: GASPAR ISAKSON

1/-CE--"009
1"9"4 P:
N*$17e *2 &ase :+$ &*2e!e7e
Entry: none.

03-:AR-"009
1093" A:
A221da<1$ *2 Se!<17e ISAKSON, GASPAR
Entry: NANETTE :ONTEJO ISAKSON SERVED ON 0"6"4609

04-:AR-"009
0"930 P:
Va7a$ed-Rese$
Entry: RESET TO APRI( 1#, "009 3 10930 A,:,

04-:AR-"009
0"93# P:
O!de! ,,,
Entry: RESETTING &ASE :ANAGE:ENT &ONCEREN&E

16-:AR-"009
04901 P:
S$a$e8e$ ,,, &*u+%)1, EsD,, Ea7%a!y
Entry:
STATE:ENT OC (EGA( AID REPRESENTATION (P4RS4ANT TO NRS 1",010)
NANETTE ISAKSON

16-:AR-"009
04903 P:
As@e! ad &*u$e!7)a18 &*u+%)1, EsD,, Ea7%a!y
Entry: VERICIED ANS?ER AND &O4NTER&(AI: NANETTE ISAKSON

369
00084
16-:AR-"009
04903 P:
C1a71a) De7)a!a$1* ,,, &*u+%)1, EsD,, Ea7%a!y
Entry: GASPAR -4&A5AN ISAKSON

"6-:AR-"009
0"9"/ P:
N*$17e *2 A>>ea!a7e S>!1++a$e, EsD,, J*% P,
Entry:
JO'N SPRINGGATE, ESF COR P(TC - T!asa7$1* 6#3#"4 - A>>!*<ed -y9 AS:IT' 9 03-
"6-"00991490/910

"6-:AR-"009
0"9"/ P:
As@e! $* &*u$e!7)a18-D1<*!7e S>!1++a$e, EsD,, J*% P,
Entry: T!asa7$1* 6#3#"4 - A>>!*<ed -y9 AS:IT' 9 03-"6-"00991490/910

30-:AR-"009
049"6 P:
D1<*!7e &ase :+$ &*2 S$a$8$ &*u+%)1, EsD,, Ea7%a!y
Entry:
DECENDANT6 &O4NTER&(AI:ANTGS &ASE :ANAGE:ENT &ONCEREN&E
STATE:ENT

31-:AR-"009
09904 A:
Va7a$ed - S$1>u)a$1* H O!d
Entry: none.

31-:AR-"009
049"3 P:
ReDues$ 2*! SuB81ss1* S>!1++a$e, EsD,, J*% P,
Entry:
STIP4(ATION AND ORDER REGARDING RES&'ED4(ING OC EAR(5 &ASE
:ANAGE:ENT &ONCEREN&E

0"-APR-"009
01906 P:
S$1> ad O!de!,,,
Entry:
REGARDING RES&'ED4(ING OC EAR(5 &ASE :ANAGE:ENT &ONCEREN&E -
T!asa7$1* 6/#314 - A>>!*<ed -y9 NOREVIE? 9 04-0"-"009913906943

0"-APR-"009
01910 P:
ReDues$ 2*! SuB81ss1* &*8>)e$
Entry: none.

469
00085
14-APR-"009
1"903 P:
P!**2 ,,, S>!1++a$e, EsD,, J*% P,
Entry:
PROOC OC SERVI&E - S4-POENA D4&ES TE&4: - -I(( GOCC - 04611609 -
T!asa7$1* #09901 - A>>!*<ed -y9 :P4RD5 9 04-14-"00991391094/

30-APR-"009
0990/ A:
D1<*!7e &ase :+$ &*2 S$a$8$ S>!1++a$e, EsD,, J*% P,
Entry:
EAR(5 &ASE :ANAGE:ENT &ONCEREN&E STATE:ENT - T!asa7$1* #4"36# -
A>>!*<ed -y9 :P4RD5 9 04-30-"009910910919

30-APR-"009
04940 P:
O!d A2$e! 'ea!1+,,,
Entry: &ASE :ANAGE:ENT &ONCEREN&E SET COR 0610609 AT 3900 P:

30-APR-"009
04940 P:
'ea!d - &*$1ued
Entry: &ONTINED AT REF4EST OC -OT' &O4NSE(, :&A,

30-APR-"009
00900 P:
;;;:1u$es
Entry: none.

10-:A5-"009
00900 P:
'ea!d-Se$$)ed
Entry: JAVS R: 4I :&A

10-:A5-"009
00900 P:
;;;:1u$es
Entry: none.

"1-:A5-"009
1"9"0 P:
SuBs$1$u$1* *2 &*use) As%)ey, EsD,, :a!7
Entry:
:AR& AS'(E5 ESF S4-STIT4TING O-O DECENDANT IN P(A&E OC EA&'AR5
&O4G'(IN, ESF

"1-:A5-"009 ReDues$ 2*! SuB81ss1* S>!1++a$e, EsD,, J*% P,
069
00086
04906 P:
Entry:
DO&4:ENT TIT(E9 CINDINGS OC CA&T, &ON&(4SIONS OC (A?, DE&REE OC
DIVOR&E PART5 S4-:ITTING9 JO'N P SPRINGGATE, ESF, DATE S4-:ITTED9
06"1609 S4-:ITTED -59 &PARS(E5 DATE RE&EIVED J4DGE OCCI&E9

04-J4N-"009
1091# A:
;; N*$es ,,,
Entry:
&D -4RNED 'EARING DATE 00-10-"009 REF4ESTED -5 JO'N SPRINGATE
&A((ED COR PI&K 4P 06-04-"0096JA

00-J4N-"009
0990# A:
De7!ee *2 D1<*!7e
Entry: T!asa7$1* /106#4 - A>>!*<ed -y9 NOREVIE? 9 06-00-"00990990#906

00-J4N-"009
09936 A:
De71s1* ?1$% 'ea!1+
Entry: none.

00-J4N-"009
119"1 A:
N*$17e *2 E$!y *2 De7!ee S>!1++a$e, EsD,, J*% P,
Entry:
NOTI&E OC ENTR5 OC CINDINGS OC CA&T, &ON&(4SIONS OC (A? AND DE&REE
OC DIVOR&E - T!asa7$1* /16"00 - A>>!*<ed -y9 AS:IT' 9 06-00-"009911906940

00-J4N-"009
119"1 A:
N*$17e ?1$%d!a@a) *2 A$$*!ey S>!1++a$e, EsD,, J*% P,
Entry:
JO'N SPRINGGATE, ESF 6 ?IT'DRA?S CRO: P(TC - T!asa7$1* /16"00 - A>>!*<ed
-y9 AS:IT' 9 06-00-"009911906940

00-J4N-"009
039"0 P:
ReDues$ 2*! SuB81ss1* &*8>)e$
Entry: none.

0/-J4N-"009
0493" P:
?1$%d!a@a) *2 &*use) As%)ey, EsD,, :a!7
Entry: :AR& AS'(E5, ESF

669
00087
10-JAN-"010
0"906 P:
P!**2 *2 Se!<17e ISAKSON, NANETTE
Entry: none.

10-JAN-"010
0"906 P:
:$ O!d $* S%*@ &ause ISAKSON, NANETTE
Entry: :OTION COR ORDER TO S'O? &A4SE REGARDING &ONTE:PT

"9-JAN-"010
0190/ P:
ReDues$ 2*! SuB81ss1* ISAKSON, NANETTE
Entry:
DO&4:ENT TIT(E9 :OTION COR ORDER TO S'O? &A4SE REGARDING
&ONTE:PT PART5 S4-:ITTING9 NANETTE ISAKSON DATE S4-:ITTED9 016"9610
S4-:ITTED -59 J5OST DATE RE&EIVED J4DGE OCCI&E9

"9-JAN-"010
0190/ P:
P!**2 *2 Se!<17e ISAKSON, NANETTE
Entry: none.

"9-JAN-"010
0"93# P:
;; &ase Re*>eed
Entry: none.

10-:AR-"010
0"903 P:
O!d $* S%*@ &ause
Entry: T!asa7$1* 13#0"66 - A>>!*<ed -y9 NOREVIE? 9 03-10-"010914903906

10-:AR-"010
0"900 P:
P!**2 *2 E)e7$!*17 Se!<17e
Entry: T!asa7$1* 13#0"69 - A>>!*<ed -y9 NOREVIE? 9 03-10-"0109149009"6

10-:AR-"010
0"906 P:
ReDues$ 2*! SuB81ss1* &*8>)e$
Entry: none.

01-APR-"010
04906 P:
Re$u!
#69
00088
Entry:
RET4RNED :AI( - ORDER TO S'O? &A4SE - CI(ED :AR&' 13, "010 - T!asa7$1*
140/4#6 - A>>!*<ed -y9 NOREVIE? 9 04-01-"01091690/903

01-APR-"010
04911 P:
P!**2 *2 E)e7$!*17 Se!<17e
Entry: T!asa7$1* 140/010 - A>>!*<ed -y9 NOREVIE? 9 04-01-"01091691"903

03-:A5-"010
10930 A:
'ea!d ,,,
Entry:
J, 'OGEN, &(ERK6 &D &TR:4 :R, ISAKSON CI(ED COR -ANKR4PT&5-NO
&ONTE:PT CO4ND,

03-:A5-"010
10943 A:
O!d A2$e! 'ea!1+,,,
Entry: T!asa7$1* 146""39 - A>>!*<ed -y9 NOREVIE? 9 00-03-"010910944913

03-:A5-"010
10940 A:
P!**2 *2 E)e7$!*17 Se!<17e
Entry: T!asa7$1* 146""06 - A>>!*<ed -y9 NOREVIE? 9 00-03-"01091094093#

03-:A5-"010
119"1 A:
;;;:1u$es
Entry: T!asa7$1* 146"046 - A>>!*<ed -y9 NOREVIE? 9 00-03-"0109119""90/

03-:A5-"010
119"4 A:
P!**2 *2 E)e7$!*17 Se!<17e
Entry: T!asa7$1* 146"06# - A>>!*<ed -y9 NOREVIE? 9 00-03-"0109119"6911

03-:A5-"010
03906 P:
;; &ase &)*sed
Entry: none.

03-CE--"011
119"4 A:
Ca81)y &*u!$ I2* S%ee$
Entry: T!asa7$1* "010/90 - A>>!*<ed -y9 NOREVIE? 9 0"-03-"0119119"#93"
/69
00089

03-CE--"011
119"9 A:
P!**2 *2 E)e7$!*17 Se!<17e
Entry: T!asa7$1* "010906 - A>>!*<ed -y9 NOREVIE? 9 0"-03-"01191193"93/

969
00090
Zach Coughlin, Esq.
1422 E. 9
th
St. #2
Reno, NV 89512
tel: 5 !!8 8118
"a#: 949 $$ 4%2
&icense' in Ne(a'a an' the )nite' States *atent an' +,a'e-a,. /""ice
0oe1 /,'una 2asting
Cle,. o" Cou,t
Secon' 0u'icial 3ist,ict Cou,t, 4ashoe Count1
sent 51 e-ail to: 6oe1.hastings78ashoecou,ts.us, cou,ta'-in78ashoecou,ts.us,
0anua,1 29
th
, 2%12
3ea, Cle,. o" Cou,t /,'una 2astings,
2ello an' cong,atulations on 1ou, ,ecentl1 5eco-ing Cle,. o" Cou,t "o, the Secon' 0u'icial
3ist,ict Cou,t. 9t 8as nice to 5,ie"l1 -eet 1ou outsi'e the "iling o""ice last +hu,s'a1, 0anua,1 2$, 2%12.
:ou 5,ing such a 8ealth o" e#;e,ience 8ith 1ou to such a challenging ;osition, inclu'ing 1ou, ti-e
8ith <o(e,no, San'o(al=s /""ice, as the >ssistant Cle,. o" Cou,t o" the Secon' 0u'icial 3ist,ict Cou,t,
as &iaison?@anage, o" the @o'el Cou,ts 3i(ision National Council o" 0u(enile an' Aa-il1 Cou,t
0u'ges B8he,e 9 thin. 8e -a1 ha(e -et one long agoC, an' in 1ou, stu'ies at <onDaga )ni(e,sit1
School o" &a8 an' the )ni(e,sit1 o" Ne(a'a B8he,e 8e 5oth 8e,e stu'ents in 199C.
9 a- 8,iting to see. cla,i"ication an' action in ,elation to so-e issues 9 ha(e encounte,e' in
5oth -1 ,e;,esentation o" clients in the Secon' 0u'icial 3ist,ict Cou,t BEthe Secon'FC. 9 ho;e to get
so-e 8,itten ,es;onse ",o- 1ou ;,io, to ta.ing u; an1 o" 1ou,s, -ine, o, -1 client=s ti-e in
;a,tici;ating in a -eeting li.e the one 1ou ha(e suggeste'. 2o;e"ull1 1ou ha(e ha' so-e access to
co,,es;on'ence 9 ha(e ;,e(iousl1 sent "o,-e, Cle,. o" Cou,t Con1e,s an' Cou,t >'-inist,ation. 9"
not, ;lease let -e .no8.
NRCP RULE 5. SERV9CE >N3 A9&9N< /A *&E>39N<S >N3 /+2ER
*>*ERS....NRC* 5BeC, Ailing 4ith the Cou,t 3e"ine': E+he "iling o" ;lea'ings an'
othe, ;a;e,s 8ith the cou,t as ,equi,e' 51 these ,ules shall 5e -a'e 51 "iling the-
8ith the cle,. o" the cou,t, e#ce;t that the 6u'ge -a1 ;e,-it the ;a;e,s to 5e "ile' 8ith
the 6u'ge, in 8hich e(ent the 6u'ge shall note the,eon the "iling 'ate an' "o,th8ith
t,ans-it the- to the o""ice o" the cle,.. > cou,t -a1 51 local ,ule ;e,-it ;a;e,s to 5e
"ile', signe' o, (e,i"ie' 51 elect,onic -eans that a,e consistent 8ith technical
stan'a,'s, i" an1, that the 0u'icial Con"e,ence o" the )nite' States esta5lishes. > ;a;e,
signe' 51 elect,onic -eans in co-;liance 8ith the local ,ule constitutes a 8,itten
;a;e, ;,esente' "o, the ;u,;ose o" a;;l1ing these ,ules. The clerk shall not refuse to
accept for filing any paper presented for that purpose solely because it is not
presented in proper form as reuired by these rules or any local rules or
practices.F NRC* 5BeC.
*lease "in' 5elo8 a co;1 o" an e-ail 9 ,ecei(e' ",o- then >cting Cou,t >'-inist,ato, C,aig
1
00091
A,an'en, 8ho ,e;lie' to -1 inqui,1 as to the Ea"te, hou,s ',o; 5o#F ,equi,e' 51 43CR 12B1%C Ban'
s;eci"icall1, the cu,ious ti-ing o" the 'isa;;ea,ance o" the ',o; 5o# in ,elation to the t,i;ling o" E"le#
su5sc,i;tion "ees on 0ul1 1, 2%11. Rules o" *,actice "o, the Secon' 0u'icial 3ist,ict Cou,t o" the
State o" Ne(a'a, Rule 12B1%C ;,o(i'es:
G 43CR 12B1%C. 3,o; 5o# "iling.
BaC *a;e,s eligi5le "o, "iling. >ll ;a;e,s an' ;lea'ings, inclu'ing -otions, o;;ositions an' ,e;lies
-a1 5e "ile' in the ',o; 5o# locate' outsi'e the Cou,t Cle,.Hs /""ice, 8ith the e#ce;tion o" "ilings
8hich ,equi,e the ;a1-ent o" "iling "ees. Ailings 8hich ,equi,e the ;a1-ent o" "iling "ees -ust 5e
-a'e 'i,ectl1 8ith the Cou,t Cle,.Hs /""ice.
B5C *,oce'u,e. *a;e,s -a1 5e "ile' in the ',o; 5o# 'u,ing all hou,s the cou,thouse is o;en. *a;e,s
-ust 5e 'ate an' ti-e sta-;e' ;,io, to 5eing ;lace' in the ',o; 5o#. 3,o; 5o# "ilings shall 5e 'ee-e'
"ile' as o" the 'ate an' ti-e note' on the ;a;e, o, ;lea'ing. 9" a ',o; 5o# "iling has not 5een 'ate an'
ti-e sta-;e', the ;a;e, o, ;lea'ing shall 5e 'ee-e' "ile' at the ti-e it is 'ate an' ti-e sta-;e' 51 the
Cou,t Cle,..G
*e,ha;s the ,eason the Secon' has 'one a8a1 8ith the ,equi,e' ',o; 5o# is that so-e the,e
8ish to ,etain the a5ilit1 to 'en1 ce,tain ;eo;le the a5ilit1 to access 6ustice in those situations 8he,e a
',o;I5o# 8oul' 5e una5le, technologicall1 to 'isc,i-inate against ce,tain litigants o, othe,8ise ca,,1
out the 8ishes o" those hol'ing ;e,sonal g,u'ges in a setting 8he,e 'oing so is (e,5oten. /ne -ight
thin. that, gi(en the ci,cu-stances o" a "o,-e, "iling o""ice e-;lo1ee a;;a,entl1 5eing a5le to
e-5eDDle se(e,al hun',e' thousan' 'olla,s ",o- the ;u5lic "isc, inc,e'i5l1, 8ithout an1 othe,
e-;lo1ees o, su;e,(iso,s .no8ing o, cont,i5uting in that un'e,ta.ing, the Secon' 8oul' 5e es;eciall1
'iligent in see.ing -aintain the a;;ea,ance o" "ai,ness an' ;,o;,iet1 in all -atte,s the "iling o""ice is
in(ol(e' in. +he a'age that E6ustice is 5lin'F is -eant to "u,the, the s;i,it o" the la8 5eing a;;lie'
e(enl1 to e(e,1one, an' not engaging in a ,etaliato,1 a;;lication o" 43CR 1% to those not hel' in
"a(o, 51 the "iling o""ice, an' not to ena5le one=s coI8o,.e,s to e-5eDDle a goo' 'eal o" -one1 8hile
ca,,1ing out the ;e,"o,-ance o" thei, 'uties 8hile o;e,ating in a ;osition o" t,ust "o, the ;u5lic,
;a,ticula,l1 8he,e so -an1 a,e out o" 8o,. an' 'o not ha(e the sala,ies o, 5ene"its that those 8o,.ing
"o, 4ashoe Count1 en6o1.

ESu56ect: RE: Re6ection Notice: :ou, "iling, Re: >RJ%9I%%1% I >,5it,ation I >Z I Not?Sta1 *en' JK
Not >ll 3e"t, 8as ,e6ecte'
3ate: @on, 28 No( 2%11 12:5%:51 I%8%%
A,o-: c,aig.",an'en78ashoecou,ts.us
+o: Dachcoughlin7hot-ail.co-
CC: 0ulie.4ise78ashoecou,ts.usL >n',e8.Zion78ashoecou,ts.us
@,. Coughlin,
9 ha(e attache' >'-inist,ati(e /,'e, 2%%I%!, a'o;ting >3K+ 4%4 "o, 1ou,
,e(ie8. *lease see Rule 8 B5C allo8ing "o, ,e6ection o" 'ocu-ents.
>lso, 'iscussion ,ega,'ing ,e-o(al o" the ',o; 5o# 5egan in @a,ch 2%1% M 'ue
to the 'i-inishe' use. Rule 1% states that the ',o; 5o# -a1 5e use'. 9t is not
state' that the Cou,t shall ;,o(i'e a ',o; 5o# "o, 1ou, use.
2
00092
+han. 1ou,
C,aig A,an'en, >cting Cou,t >'-inist,ato,F
9 8oul' li.e an u;'ate ,es;onse ",o- Cou,t >'-inist,ation in this ,ega,' gi(en the inte,i-
natu,e o" @,. A,an'en=s ;osition 8hen he -a'e this ,es;onse. Au,the,, @,. A,an'en=s ,eliance u;on the
te,- EshallF actuall1 a,gues st,ongl1 in "a(o, o" -1 inte,;,etation that NRC* 5BeC "o,5i's the "iling
o""ice cle,.s ,e6ections o" -1 "ilings B8ithout e(en getting into an1 o" the 'is;a,ate t,eat-ent, 'is;a,ate
i-;ace, ;,ete#tual, o, ,etaliation 5ase' a,gu-ents that one -ight -a.e in ,elation to such ,e6ectionsC.
+o 8it: NRCP RULE 5. SERV9CE >N3 A9&9N< /A *&E>39N<S >N3 /+2ER
*>*ERS....NRC* 5BeC, Ailing 4ith the Cou,t 3e"ine': EThe clerk shall not refuse to accept for filing
any paper presented for that purpose solely because it is not presented in proper form as
reuired by these rules or any local rules or practices.F NRC* 5BeC.
So, ho;e"ull1 @,. A,an'en=s a,gu-ent u;on the i-;o,t o" the a;;ea,ance Bo,, in A,an'en=s
a,gu-ent, the non a;;ea,ance o" the te,- EshallFC 8ill hol' 6ust as -uch 8eight 8ith Cou,t
>'-inist,ation 8he,e such an a;;lication -a1 ,equi,e -o,e o" the Cou,t >'-inist,ation o, 8he,e it
-a1 cu,tail the le(el o" in"luence the "iling o""ice has in 'eci'ing 8hethe, o, not one can access 6ustice.
>3K+ 4%4 -a.es the Ne(a'a Rules o" Elect,onic Ailing BNEARC a;;lica5le to the Secon'.
Au,the,, 9 a- a;;ea,ing in a nu-5e, o" cases on a ;,o se 5asis, 1et, es;eciall1 in those cases, 9
ha(e ha' legion o" ;lea'ings su5-itte' "o, "iling 'es;ite the 'ictates o" NEAR Rule 5. Elect,onic "iling
s1ste- ,equi,e-ents....NE!R Rule 5"k# $pecial needs of users. : G9n 'e(elo;ing an' i-;le-enting
elect,onic "iling, a cou,t -ust consi'e,G the nee's o" in'igent, self%represented, non EnglishIs;ea.ing,
o, illite,ate ;e,sons an' the challenges facing persons lacking access to or skills in the use of
computers...G
9 notice that, a;;a,entl1 B;lease see attache' ;age o" E"le# Noti"icationsC of my last &'
attempts to file something through Efle() $econd *udicial +istrict Court ,ppeals Clerk Lori
-atheus has re.ected /0 of them or nearly all. *,e(ious to that 9 ha' 24 st,aight atte-;ts to "ile
so-ething on E"le# "ile' 8ithout a single ,e6ection. @an1 o" these ,e6ections o" -1 atte-;te' "ilings
ha(e ,esulte' in an inte,(ening 'ea'line to "ile so-e -otion o, o;;osition ;a;e, o, othe, i-;o,tant
;lea'ing ha(ing la;se' o, ,un ;,io, to an1 ,easona5le o;;o,tunit1 to cu,e 8hate(e, (iolation o" 43CR
1% o, so-e othe, uni'enti"ie' ,ule 8as cite' in the E"le# ,e6ection notice.
4oul' 1ou ;lease in'icate, in 8,iting, the o""icial ;olic1 "o, the Secon' 8ith ,es;ect to ho8
"iling 'ate a,e acco,'e' to su5-issions that a,e ,e6ecte', "i#e' Bo, atte-;te' to 5e "i#e'C, then
,esu5-itte'N 9 a- inte,este' in .no8ing 8hethe, the "iling 'ate o" the "i,st atte-;t to su5-it the "iling
is a;;lie' to the 'ocu-ent in 8hate(e, inca,nation o" it is ulti-atel1 acce;te' "o, "iling, inclu'ing
8hethe, an1 E,elation 5ac.F 'oct,ine o, a;;lication is a;;lie' "o, ;u,;oses o" 'oc.eting an' "ile
sta-;ing.
4oul' 1ou ;lease in'icate 8h1 @s. @atheus, >;;eals Cle,., is ;e,"o,-ing the ,e(ie8 o" each
an' e(e,1 atte-;t 9 -a.e to "ile so-ething th,ough E"le#, an' 8h1 the -a6o,it1 o" the ,e6ections she
,ules on in he, ,ole as a 6u'ge ,elate to -atte,s that a,e not e(en on a;;eal, an' the,e"o,e, 8oul' not
see- to co-e 8ithin ;a,a-ete,s o" he, ,ole as >;;eals Cle,.. @s. @atheus sto,-e' o"" "u,iousl1 last
+hu,s'a1 B;,io, to -eeting 1ouC 8hen 9 inqui,e' a5out so-ething in the "iling o""ice accusing -e,
!
00093
co-;letel1 out o" the 5lue an' "o, ,easons that a,e totall1 unclea, to -e, o" 8ea,ing a E8i,eF o,
E,eco,'ing he,F o, so-ething li.e that. 9 'o not .no8 8h1 she 8oul' sa1 that, 5ut ,ega,'less, she
8o,.s 8ith the ;u5lic in an i-;o,tant ca;acit1 an' in a situation 8he,e t,ans;a,enc1, accounta5ilit1,
an' "ai,ness a,e usuall1 atten'ant the,eto, so it is cu,ious that the i'ea o" the,e e#isting a ,eco,'ing o"
he, an' o, ho8 she has 5een han'ling things 8oul' engen'e, such a ',a-atic an' ang,1 ,es;onse ",o-
he,. Ve,1 cu,ious, in'ee'. Rega,'less, all these ,e6ections, -ost o" 8hich a,e co-;letel1 out o" line
8ith the t,eat-ent o" ;,e(ious "ilings Ban' "o, 8hich no a'(ance notice 8as gi(en 8ith ,es;ect to this
su''en u5e,?h1;e, a'he,ence to stan'a,'s "o, ,e6ecting "ilings 8hich -a1 o, -a1 not 5e 5ase' in "act
o, la8C ha(e se(e,el1 'a-age' -1 la8 ;,actice an' ;,e6u'ice' -1 client=s -atte,s. >''itionall1, 9
ha(e s;ent ;,o5a5l1 u;8a,'s o" !% hou,s a'',essing this su''en onslaught o" ,e6ec'tions. 9 8oul'
a;;,eciate the cou,t co-;ensating -e "o, -1 ti-e lost an' othe, 'a-ages 51 settling this -atte, in the
"o,- o" a O25,%%% chec. -a'e out to -e.
9 'o not .no8 8hat 9 ha(e 'one that see-s to ha(e u;set he,. *e,ha;s it ,elates to one instance
8he,e 9 atte-;te' to "ile so-ething at a;;,o#i-atel1 4:55 ;- in the "iling o""ice Bie, not on E"le#C an'
@s. @atheus ,e"use' to allo8 -e to "ile, citing that the "iling o""ice 8as close', 'es;ite the o""icial
)nite' States go(e,n-ent ti-e in'icating that it 8as "i(e -inutes to the o""icial 43C closing ti-e o"
5;-. Ao, quite so-e ti-e the "iling o""ice has ha' a cloc. on the 8all that is noticea5l1 "aste, than the
o""icial ti-e at 888.ti-e.go( 51 si# -inutes. 9 ha(e in"o,-e' nu-e,ous e-;lo1ees o" the "iling
o""ice o" this an' NRC* 5BeC. 9n one instance 8he,e 9 8as ,e"use' in -1 atte-;ts to "ile so-ething in
the "iling o""ice 8he,e 9 ;,esente' the ;lea'ing an' -1sel" in line, ;,io, to 5 ;-, in the Secon' "iling
o""ice an' 8as ,e"use', 9 le"t an' use' the ,est,oo-, an' ,etu,ne' to the line ho;ing to "in' so-eone to
as. i" 9 coul' as. a su;e,(iso, a question a5out this. 4hile 8aiting, t8o e-;lo1ees 5ehin' the cu5icle
8all 8e,e tal.ing a5out -e, an' -uch inte,esting co--enta,1 8as hea,'. 9 calle' out to these t8o
e-;lo1ees an' -entione' that 9 8oul' li.e to as. a su;e,(iso, a question. 9nstea', a 3e;ut1 8as
calle' in 8ho tol' -e to E8atch -1 ste;F in a th,eatening an' o-inous tone.
9" @s. @atheus has 5een 'i,ecte' 51 he, su;e,(iso,s o, Cou,t >'-inist,ation to ,e(ie8 each
an' e(e,1 one o" -1 "ilings, 9 8oul' li.e to .no8 that, ;lease, in a''ition to so-e e#;lanation as to
8h1 such an a,,ange-ent has 5een ;ut in ;lace an' a co;1 o" an1 co,,es;on'ence, 8,iting, o, othe,
'ocu-entation ,elate' the,eto. +he,e a,e othe, instances si-ila, to the one 9 ha(e -entione' a5o(e,
5ut 9 'o not 8ish to go into the- at this ti-e, o,, ;e,ha;s, e(e,. 9 -e,el1 8ant to ;,actice la8 an'
atte-;t to ea,n a li(ing 'oing it. 9 un'e,stan' the,e a,e ,easons "o, 43CR 1% an' that the o,'e,l1 an'
e""icient a'-inist,ation is a (e,1 no5le an' i-;o,tant goal. 2o8e(e,, so is the e(en an' -easu,e'
a;;lication o" such ,ules in a nonI,etaliato,1 -anne,.
*lease "in' attache' to this co,,es;on'ence ;,intouts o" the E"le# ,eco,' o" ,ecent Noti"ications
in a''ition to the e-ail ,e6ection notices 9 ha(e ,ecei(e' ",o- E"le#, inclu'ing so-e that in'icate that
9n Ao,-a *au;e,is a;;lications -a1 not 5e su5-itte' (ia E"le# B'es;ite the "act that the ',o; 'o8n
-enus on E"le# contain choices 5a,ing such 'esignationsC. Au,the,, it see-s so-e o" the ,e6ections
notice ,ationales that 9 ha(e 5een ;,o(i'e' a,e 5ase' u;on -atte,s not "oun' in 43CR 1%, an'
,equests 9 ha(e -a'e to 5e ;,o(i'e' citation to 8hat, i" an1 ,ule, such ,e6ections 8e,e 5ase' ha(e gone
un,es;on'e' to. *lease in'icate 8hethe, the Secon' has so-e ;osition in this ,ega,', inclu'ing
8hethe, the,e a,e ce,tain un8,itten o, un;u5lishe' Ehouse ,ulesF that a,e 5eing a;;lie'.
S;eci"icall1, so-e o" the ,e6ection notices 9 ha(e ,ecei(e', inclu'ing -an1 o" those sent 51 @s.
@atheus, 'o not see- to ,est u;on an1 8,itten ,ule, as 'esc,i5e' 5elo8 an' in the attache' collection
4
00094
o" EIAle# ,e6ection notices 9 ha(e ,ecei(e'. >''itionall1, 9 ha(e ,e(ie8e' all a;;lica5le ,ules that 9 can
"in' an' ha(e not co-e ac,oss an1thing ,elate' to the ;osition 1ou an' @s. @atheus 'esc,i5e' last
+hu,s'a1 ,elate' to ho8 C3?3V3=s -a1 5e su5-itte' "o, "iling an' o, attache' as e#hi5its B1ou an'
@s. @atheus in'icate' that a ESu;;le-entalF ha,' co;1 ;lea'ing -ust 5e su5-itte' 8he,ein a
C3?3V3 is attache' as an E#hi5it to the Su;;le-ental ;lea'ing, 8hich 8oul' 5e a Su;;le-ental to
8hate(e, ;lea'ing one o,iginall1 8ishe' to attach a C3?3V3 toC.
>''itionall1, 9 a- he,e51 ,equesting in 8,iting that the Secon' co,,ect the "iling 'ate an'
acce;t "o, "iling all su5-issions 9 ha(e -a'e that 8e,e ,e6ecte' i-;e,-issi5l1 in acco,'ance 8ith
NEA+ 15. NEAR Rule 15: ES1ste- o, use, "iling e,,o,s. BaC Aailu,e o" elect,onic "iling o, se,(ice:
4hen elect,onic "iling 'oes not occu, 'ue to technical ;,o5le-s, the court clerk may correct the
problem. +echnical ;,o5le-s inclu'e: B1C >n e,,o, in the t,ans-ission o" the 'ocu-ent to the
elect,onic "iling s1ste- o, se,(e' ;a,t1 that 8as un.no8n to the sen'ing ;a,t1L B2C , failure to
process the electronic document 1hen recei2ed by the electronic filing systemL B!C E,,oneous
e#clusion o" a ;a,t1 ",o- the se,(ice listL o, B4C 3ther technical problem e(perienced by the filer
1ith the electronic filing system. B5C Time of filing of delayed transmission. Unless the technical
failure pre2ents timely filing or affects .urisdiction) the court must deem a filing recei2ed on the
day 1hen the filer can satisfactorily demonstrate that he or she attempted to file or ser2e the
document. The time for response is calculated from the time4 the document is correctly
transmitted. 4hen the technical "ailu,e ;,e(ents ti-el1 "iling o, a""ects 6u,is'iction, the issue shall
co-e 5e"o,e the cou,t u;on notice an' o;;o,tunit1 to 5e hea,'. +he cou,t -a1 u;on satis"acto,1 ;,oo"
ente, an o,'e, ;e,-itting the 'ocu-ent to 5e "ile' as o" the 'ate an' ti-e it 8as "i,st atte-;te' to 5e
sent elect,onicall1.F
4hat "ollo8s inte,s;e,ses so-e o" the ,e6ection ,ationale 9 ha(e 5een o""e,e' in EIAle# notices
8ith e#ce,;ts ",o- 43CR 1%:
G4ashoe 3ist,ict Cou,t Rules B43CRC, Rule 1%, Ao,- o" ;lea'ings...1. >ll ;lea'ings an' ;a;e,s
;,esente' "o, "iling -ust 5e "lat, un"ol'e', "i,-l1 5oun' togethe, at the to;, on white paper of
standard uality, not less than 1$Il5. 8eight an' 8 1?2 # 11 inches in siDe. >ll ;a;e,s -ust 5e
t1;e8,itten o, ;,e;a,e' 51 so-e othe, 'u;licating ;,ocess that 8ill ;,o'uce clea, an' ;e,-anent
co;ies equall1 legi5le to ;,inting.F
IE@on 1?2!?12 2:!9 *@ @tn to Set >si'e 3ec,ee, 8as ,e6ecte' 51 Secon' 0u'icial 3ist,ict Cou,t I
State o" Ne(a'a. Case Nu-5e,: CV11I%189$ ... ReasonBsC "o, ,e6ection: +he 'ocu-ent is 5eing
,e6ecte' 'ue to the use o" g,een "ont, as the font is not legible upon reproduction of the filed
document. *lease ,esu5-it 'ocu-ent 8ith a legi5le 5lac. "ont. 9n a''ition, the E#hi5it &ist 9n'e#
'is;la1s on 5lac. 5ac.g,oun' 8ith g,een "ont. *lease ,esu5-it the E#hi5it &ist 9n'e# on 8hite
;lea'ing ;a;e, 8ith 5lac. "ont. >n1 questions ;lease call &o,i at !28I!114.F B+he sa-e ,ationale 8as
o""e,e' 8ith a ,e6ection in 2%12I%1I22 %!:11:%2.% Su56ect: :ou, elect,onic "iling, Re: CV11I%189$ I
E-;lo1-ent +o,ts B4,ong"ul te,-inationC I 4+ I@tn "o, E#tension o" +i-eCC.
4hile 43CR 1%B1C 'oes -ention E8hite ;a;e,F, 9 su5-itte' the a5o(e "iling in elect,onic
"o,-at, an' the,e"o,e, no ;a;e, 8as in(ol(e'. Au,the,, 9 can "in' no ,ule that sets "o,th that one -a1
not ;,int out e#actl1 8hat 9 "ile' on 8hite ;a;e, Bie, a ;iece o" 8hite ;a;e, can 5e ;,inte' out to ,e"lect
g,een te#t on a 5lac. 5ac.g,oun'C.
5
00095
...43CR 1%B$C. ... >ll e#hi5its attache' to ;lea'ings o, ;a;e,s -ust 5e ;,ece'e' 51 an 9n'e# o"
E#hi5its in'icating the e#hi5it nu-5e,, e#hi5it 'esc,i;tion, an' the length o" each e#hi5it Bnu-5e, o"
;agesC....F
@atheus has ,e6ecte' a nu-5e, o" e#t,e-el1 ti-e sensiti(e "ilings B-an1 o" 8hich she ha'
;,e(iousl1 ,e6ecte' "o, so-e othe, ,easonC 5ase' u;on he, ;osition that the 9n'e# to E#hi5its -ust 5e
on ;a;e, 8ith line nu-5e,s. 2o8e(e,, 43CR 1%B$C an' 43CR 1%B1C -a.e clea, that an 9n'e# to
E#hi5its 'oes not co-e 8ithin those ite-s to 8hich those that ,ule a;;lies, "u,the,, 9 ha(e ha' a "ilings
acce;te' ;,e(iousl1 containing an 9n'e# to E#hi5its that 'oes not ha(e line nu-5e,s on it.
IEReasonBsC "o, ,e6ection: 3ocu-ent 'oes not con"o,- 8ith 4C3R 1% . +he a""i,-ation -a1 5e the
last sentence 5e"o,e the signatu,e line on the 'ocu-ent, stating that the 'ocu-ent 'oes not contain the
social secu,it1 nu-5e, o" an1 ;e,son. 9" 1ou ha(e an1 questions, ;lease contact &o,i at !28I!114.F
>ctuall1, 43CR 1%B!CB"C ;,o(i'es that: EB"C *lea'ings o, ;a;e,s ;,esente' "o, "iling shoul' 5e in the
"ollo8ing o,'e,: P *lea'ing o, 'ocu-ent inclu'ing "ile,=s signatu,e P >""i,-ation P Ce,ti"icate o"
Se,(ice P 9n'e# o" E#hi5its "ollo8e' 51 the E#hi5its, i" an1...F Au,the,, 43CRB1%C4 s;eci"ies:
E*u,suant to NRS 2!9J.%!%B4C, the Secon' 0u'icial 3ist,ict Cou,t ,equi,es that an >""i,-ation -ust 5e
attache' as the last ;age o" each 'ocu-ent ;,esente' "o, "iling an' 5e"o,e an1 attache' e#hi5its, o, the
>""i,-ation -a1 5e the last sentence 5e"o,e the signatu,e line on the 'ocu-ent, stating that the
'ocu-ent 'oes not contain the social secu,it1 nu-5e, o" an1 ;e,son.F Eithe, 43CR 1%B!CB"C an'
43CR 1%B4C a,e cont,a'icto,1 o, -1 su5-ission 8as in co-;liance 8ith 43CR 1%. 9 'o not 5elie(e
this ,e6ection 8as ;,o;e, an' ti-e 8as o" the essence 8hen it 8as su5-itte'. +he >""i,-ation 8as
Eattache' as the last ;age o"F the E'ocu-ent ;,esente' "o, "iling an' 5e"o,e an1 attache' e#hi5itsF.
+he /;;osition to @otion to @o'i"1 8as the E'ocu-entF ;,esente' "o, "iling an' the >""i,-ation 8as
attache' as the last ;age.
Au,the,, 8oul' 1ou ;lease in'icate 8hethe, so-e s;ecial t,eat-ent is gi(en to ,e6ecte' "ilings
8hich a,e Ecu,e'F then su5sequentl1 su5-itte' ",o- the section o" EIA"le# lin.e' to 5elo8, in
co-;a,ison to 8he,e an e"ile, -e,el1 ,esu5-its such a "iling a"te, co,,ecting it 51 a -eans that 'oes
not s;,ing ",o- the lin. o, section he,e: htt;s:??8ce"le#.8ashoecou,ts.co-?8o,.list .
EReasonBsC "o, ,e6ection: Signatu,e on 'ocu-ent -ust a;;ea, on the sa-e 'ocu-ent as the te#t. 9" 1ou
ha(e an1 questions, ;lease call &o,i at !28I!114.F No citation to a ,ule 8as ;,o(i'e' an' 9 ha(e not
"oun' one that su;;o,ts this ,ationale "o, 'oing so-ething ,athe, se,ious, ,e6ecting a 'ocu-ent
su5-itte' "o, "iling. A,an.l1, 9 "eel quite st,ongl1 that cle,.s li.e @atheus "ail to un'e,stan' ho8
se,ious 8hat the1 a,e 'oing is an' the e#t,e-el1 ha,sh ,e;e,cussion such ,e6ections -a1 ha(e on
citiDen=s legal -atte,s. +he,e a,e a ;letho,a o" cases 8he,e litigants 8e,e ;,e6u'ice' in the e#t,e-e in
-atte,s such as these an' 8he,e a cou,t 'i' not set asi'e the o,'e, o, 6u'g-ent ",o- 8hich ;,e6u'ice
ste--e', eithe, 5ecause the cou,t "elt the ,e6ection 8as a;;,o;,iate, 'i' not un'e,stan' ho8 the
,e6ection 8as i-;e,-issi5le, o, 8he,e the cou,t assu-e' such a ,ule allo8ing "o, so ,e6ecting
'ocu-ents 8as 5eing a;;lie' "ai,l1 an' e(enl1 to all litigants an' not 'ue to so-eone ha(ing a
;e,sonal a# to g,in'.
EReasonBsC "o, ,e6ection: +he case nu-5e, on the ;lea'ing 'oes not -atch the case ca;tion. *lease
,esu5-it 1ou, 'ocu-ents 8ith the co,,ect case nu-5e,. 9" 1ou ha(e an1 questions, ;lease call &o,i at
!28I!114.F 9 actuall1 ha(e a @otion to Set >si'e a8aiting a ,uling cu,,entl1 in CV%8I%1%9 0
C>R*EN+9ER, E+>&? >>@ES A)N39N< C/R*., E+>&B3C that is 5ase', in ;a,t, on such an
$
00096
a;;a,ent e,,o,. 2o8e(e,, 9 can "in' no a;;lica5le ,ule that such a -atte, ;,o(i'es a ;,o;e, 5asis "o,
,e6ecting a "iling.
EReasonBsC "o, ,e6ection: +he 'ocu-ent is 5eing ,e6ecte' 'ue to the use o" an illegi5le 5lac. "ont . +he
"ont is not legi5le u;on ,e;,o'uction o" the "ile' 'ocu-ent. *lease ,esu5-it 'ocu-ent 8ith a legi5le
5lac. "ont. 9n a''ition, the *,oo" o" Se,(ice 'is;la1s on 5lac. 5ac.g,oun'. *lease ,esu5-it the *,oo" o"
Se,(ice on 8hite ;lea'ing ;a;e, 8ith 5lac. "ont. >n1 questions ;lease call &o,i at !28I!114.F 9 'o not
this ,e6ection is a;;,o;,iate. +he Eillegi5le 5lac. "ontF 8as legi5le u;on ,e;,o'uction. 9t -ight not
ha(e 5een as 'a,. a sha'e o" 5lac. o, g,e1 as one -ight li.e, 5ut it 'i' not ;,esent a ;,o;e, 5asis "o,
,e6ecting -1 "iling an' e#;osing -e to -al;,actice lia5ilit1 o, -1 client=s to ;,e6u'ice. +his ,e6ection,
li.e -an1 liste' he,e, occu, on nu-e,ous occasions an' 9 as. that all 5e co,,ecte'. +he s;eci"ic
occasions can 5e asce,taine' 51 ,e(ie8ing the attache' collection o" ,e6ection notices.
EReasonBsC "o, ,e6ection: @,. Coughlin, 1ou, "iling is 5eing ,e6ecte' as it 'oes not co-;l1 8ith 4C3R
1%B9C I > 'ocu-ent cannot contain -ulti;le 'ocu-ents in one "iling unless the 'ocu-ent is 5eing ;le'
in the alte,nati(e. 9" 1ou ha(e an1 questions ;lease call &o,i at !28I!114F. 9 as.e' @atheus an'
>ssistant Cle,. o" Cou,t 4ise "o, so-e e#;lication in ,ega,'s to 8hat is -eant 51 43CR1%B9C=s:
E>n1 -otion, o;;osition, ,e;l1, etc., -ust 5e "ile' as a se;a,ate 'ocu-ent unless it is ;lea'e' in the
alte,nati(e.F No insight 8as ;,o(i'e' othe, than @s. 4ise in"o,-ing -e o" the e#istence o" la8
li5,a,ies. 2o8e(e,, that hel;"ul 5it o" in"o,-ation 'oes not ,eall1 ;,o(i'e -e an1 in'ication o" 8hat
e#actl1 @s. 4ise an' he,e sta"" a,e using to 'eci'e 8hethe, so-ething is in co-;liance 8ith 43CR
1%B9C.
EReasonBsC "o, ,e6ection: :ou, e#hi5it one nee's to 5e its o8n ;'" "ile, then attache' as a continuation
to 1ou, su;;le-ent. So a"te, 1ou ente, in 1ou, su;;le-ent in e"le# 1ou 5,o8se an' attach 1ou,
su;;le-ental *3A an' then ;,ess a'' then go 5ac. u; to; to 1ou, 'ocu-ent catego,1 ',o; 'o8n an'
;ic. Gothe,sG then in the 'ocu-ent t1;e 8ill 5e GcontinuationG then 1ou 5,o8se an' attach 1ou, e#hi5it
one 8ith co(e, ;age then ;,ess a'' an' then su5-it 1ou, "iling. also 1ou can loo. on ou, 8e5site an'
'o8nloa' the use, gui'e "o, the e"le#. >n',e8 7 !28I!115F >,e -atte,s 'iscusse' in the EIAle#
A>Qs o, +,aining <ui'e gi(en "o,ce o" la8 su""icient to entitle cle,.s to ,e6ect one=s "iling shoul' the1
not co-;l1 8ith the sa-eN
EReasonBsC "o, ,e6ection: Signatu,e on 'ocu-ents -ust a;;ea, on the sa-e 'ocu-ent as the te#t. &ines
o" ;ages -ust 5e nu-5e,e' in the le"t -a,gin o, on legal ;lea'ing ;a;e,. *age 1 BNote: *age 1 is the
9n'e# to E#hi5itsC is not nu-5e,e' in the le"t -a,gin. 9" 1ou ha(e an1 questions, ;lease call &o,i at
!28I!114F
EReasonBsC "o, ,e6ection: 9n 1ou, 5o'1 1ou ha(e *ete, East-an I he is not ;a,t o" this case ;lease
u;'ate "o, "iling. >n',e8 7 !28I!115F 9" 51 E5o'1F @,. Zion is ,e"e,,ing to the Ca;tion o" the case,
that sa-e ,ationale 'i' not ;,e(ent J,ian <onsal(es, Esq. A,o- a;;ea,ing "o, +ahoe 4o-en=s Se,(ices
BC,isisC in CV11I%189$ 'es;ite the "act that +4S 8as not e(en a na-e' ;a,t1 in the case. Rega,'less,
9 'o not 5elie(e this ,ationale ;,o(i'es a 5asis "o, ,e6ecting the "iling. 9t -a1 5e hel;"ul an' ;oint out
so-e e,,o,s, 5ut 9 5elie(e secu,ing "iling 'ates an' a(oi'ing the e#;ense an' necessit1 o" "iling NRC*
59 o, NRC* $% -otions an' litigating 8hat is E-ista.e, ina'(e,tence, o, e#cusa5le neglectF shoul'
'ictate sen'ing the e"ile, a notice an' suggesting co,,ection ,athe, than ,e6ecting a "iling. Au,the,, in
anothe, case 9 a- atto,ne1 o" ,eco,' on, CV%8I%1%9 0 C>R*EN+9ER, E+>&? >>@ES A)N39N<
C/R*., E+>&B3C, the 8,ong cou,t na-e, case nu-5e,, an' 'e;a,t-ent 8as liste' in (a,ious ca;tions,

00097
1et those -ista.es 'i' not ,esult in ,e6ecte' "ilings, 5ut ,athe,, the o;;osing ;a,ties 8e,e a5le to secu,e
"iling 'ates "o, thei, "ilings, -an1 o" 8hich 8e,e o" the ti-e is o" the essence (a,iet1, an' then a5le to
late, a,gue a8a1 Bo, atte-;t toC these Esc,i(ene,=s e,,o,sF.
EReasonBsC "o, ,e6ection: 1.C E#hi5its nee' to 5e sent o(e, as continuations. 2.C Since the e#hi5its nee's
to 5e attache' into 2 continuation "iles ;lease attach a secon' Ne#hi5it oneN co(e, ;age on the secon'
continuation. +han. 1ou, @atthe8 7!28I!115.F +his E,eason "o, ,e6ectionF -a1 cite an EIAle#
;olic1, 5ut 9 'o not 5elie(e is ;,o(i'es a legal 5asis "o, ,e6ecting -1 "iling. Au,the,, 9 ha(e seen -an1,
-an1 )9AS> "ilings 51 3e;ut1 3ist,ict >tto,ne1s that attach au'its o, sche'ule o, a,,ea,s that lac. not
onl1 an 9n'e# to E#hi5its 5ut also an1 o" the co(e, ;age "o, such e#hi5its, -uch less continuation
;ages.
EReasonBsC "o, ,e6ection: Zach, ;lease go to Reno 0ustice Cou,t ;a1 to the O21$ "o, the "iling "ee, see
Ka,en Stancil. +he1 in tu,n 8ill sen' the -one1 an' the a;;eal to 3ist,ict Cou,t "o, "iling. >n1
questions call >nnie 7 !28I!112.F
ESu--ons Aile' ReasonBsC "o, ,e6ection: *ages 8ithin 'ocu-ents -ust 5e o,ginial. *lease ,esu5-it
Su--ons 8ith o,iginal Ga""i'a(it o" se,(iceG attache'. >n1 questions call >nnie 7 !28I!112.F 4oul'
1ou ;lease ;,o(i'e a citation "o, the ,ule that allo8s "o, ,e6ecting -1 "iling on this 5asisN
EReasonBsC "o, ,e6ection: @,. Coughlin, /n A,i'a1 12?1$?11, the cou,t -a'e an e#ce;tion "o, the "iling
o" 1ou, e#hi5it in CV11I%1955. +he cou,t 'i' not ,ecei(e the C3 51 noon as in'icate' in 1ou, CV11I
%1955 "iling. 9t 8ill 5e necessa,1 "o, 1ou to su5-it the a;;,o;,iate ;a;e, "iling in the "iling o""ice that
contains 1ou, C3...F 9 8ish to 5e ;,o(i'e' so-e in'ication in 8,iting as to ho8 one can "ile
elect,onicall1 a 'ocu-ent that attaches as an e#hi5it a C3?3V3.
EReasonBsC "o, ,e6ection: +his is 5eing ,e6ecte' "o, the "ollo8ing: ...:ou cannot EIA9&E an 9A*. 9t nee's
to 5e ;a;e, "ile'... I @ia !28I!148F
EReasonBsC "o, ,e6ection: +he 'ocu-ent 'oes not co-;l1 8ith 4C3R 1%... ;age 2 o" E#hi5it 2 is not
legi5le, ;age 245 o" E#hi5it 2 is scanne' u;si'e 'o8n an' a nu-5e, o" the 'ocu-ents 8ithin E#hi5it 2
a;;ea, to ha(e 5een scanne' at an angle. *lease co,,ect 1ou, "iling an' ,esu5-it "o, a;;,o(al. 9" 1ou
ha(e questions, ;lease call &o,i at !28I!114.F 9 ha(e t8o cases 8he,ein the legi5ilit1 o" the
'ocu-ents attache' as e#hi5its has 5een litigate' e#tensi(el1, an' none o" the o;;osing counsel=s
e#hi5its a;;ea, to ha(e 5een ,e6ecte' on the 5asis set "o,th a5o(e, "u,the,, it is not clea, ho8 one coul'
no8 8hethe, a ;age has 5een Escanne' at an angelF o, 8hethe, the ;age ",o- the e#hi5it as ;,esente'
is the onl1 ,e;,esentation o" that ;age that e#ists, 8hethe, it a;;ea,s that 8a1 'ue to a scanning e,,o,, a
a ;,inting e,,o,, the scanning o" the onl1 co;1 o" a ;age that 8as scanne' in 8ith that e,,o,, etc.
EReasonBsC "o, ,e6ection: ... *age is 8$ o" the 'ocu-ent is 5lan.. 9s the 'ocu-ent su5-itte' "o, "iling
co-;lete o, a,e 1ou -issing a ;ageN 9" not ;lease ,e-o(e the 5lan. ;age 8$. >n1 questions, ;lease call
&o,i at !28I!114.F +his is not a ;,o;e, 5asis "o, ,e6ecting a "iling, no, is an1 ,ule cite' to in su;;o,t o"
this ,e6ection.
EReasonBsC "o, ,e6ection: ...+he *,oo" o" Se,(ice 'oes not co-;l1 8ith 4C3R 1%B1C &ines o" ;ages
-ust 5e nu-5e,e' in the le"t -a,gin o, on legal ;lea'ing ;a;e,. *age 1$ o" the 'ocu-ent contains an
9n'e# o" E#hi5itsL ho8e(e,, no e#hi5it 8as su5-itte' 8ith this "iling. >n1 questions, ;lease call &o,i at
8
00098
!28I!114F +he ,ationale cite' he,e -ight ;,o(i'e goo' suggestions, 5ut the1 si-;l1 a,e not a 5asis
"o, ,e6ecting -1 "ilings an' ;,e(enting -1 su5-issions "o, secu,ing a "iling 'ate, ;a,ticula,l1 8he,e
ti-e is o" the essence. Au,the, a *,oo" o" Se,(ice o, Ce,ti"icate o" Se,(ice is not a ,equisite to a ;a;e,
5eing "ile' BNRC* 5B'CB4C: E*,oo" o" se,(ice -a1 5e -a'e 51 ce,ti"icate o" an atto,ne1 o, o" the
atto,ne1Hs e-;lo1ee, o, 51 8,itten a'-ission, o, 51 a""i'a(it, o, othe, ;,oo" satis"acto,1 to the cou,t.
Aailu,e to -a.e ;,oo" o" se,(ice shall not a""ect the (ali'it1 o" se,(ice.FC. Au,the, 43CR 1%B1C 'oes
not e(en a;;l1 to a *,oo" o" Se,(ice o, Ce,ti"icate o" Se,(ice: E43CR Rule 1%. Ao,- o" ;lea'ings...
&ines o" ;ages -ust 5e nu-5e,e' in the le"t -a,gin o, on legal ;lea'ing ;a;e,.F > Ce,ti"icate o"
Se,(ice -a1 co-e a"te, a ;lea'ing. Aailu,e to attach a Ce,ti"icate o" Se,(ice is not a 5asis "o, ,e6ecting
a ;lea'ing "o, "iling. Si-ila,l1, is it i-;e,-issi5le to ,e6ect a "iling 5ase' u;on the lac. o" line
nu-5e,s on a Ce,ti"icate o" Se,(ice.F
Au,the,, the use o" the te,- E*lea'ingF can 5e a 5it con"using. NRC* R)&E . E*&E>39N<S
>&&/4E3L A/R@ /A @/+9/NS BaC *lea'ings. +he,e shall 5e a co-;laint an' an ans8e,L a ,e;l1
to a counte,clai- 'eno-inate' as suchL an ans8e, to a c,ossIclai-, i" the ans8e, contains a c,ossI
clai-L a thi,'I;a,t1 co-;laint, i" a ;e,son 8ho 8as not an o,iginal ;a,t1 is su--one' un'e, the
;,o(isions o" Rule 14L an' a thi,'I;a,t1 ans8e,, i" a thi,'I;a,t1 co-;laint is se,(e'. No other pleading
shall be allo1ed, e#ce;t that the cou,t -a1 o,'e, a ,e;l1 to an ans8e, o, a thi,'I;a,t1 ans8e,.F So,
-otions, a ce,ti"icate o" se,(ice, an o;;osition, etc a,e not inclu'e' in 8hat is consi'e,e' a E;lea'ingF.
43CR Rule 1% a;;ea,s as: ERule 1% Ao,- o" ;lea'ings 1. >ll ;lea'ings an' ;a;e,s ;,esente' "o,
"iling...F So, 43CR ,elates to the "o,- o" E;lea'ingsF. 4hile it is t,ue that the te#t o" that ,ule o"ten
,e"e,s to E;a;e,s ;,esente' "o, "ilingF, etc., it 'oes not Ban' is not cu,,entl1 5eing a;;lie' in this
-anne,C a;;l1 to e(e,1thing su5-itte' "o, "iling to the cou,t. Ao, instance, one 'oes not nee' to ha(e
the ;a;e,s inclu'e' in an e#hi5it ;,esente' on ;lea'ing ;a;e, o, 8ith line nu-5e,s. >s such, gi(en
that a Ce,ti"icate o" Se,(ice is not a ;lea'ing, an' nothing in an1 othe, a;;lica5le ,ule ,equi,es line
nu-5e,s on ;a;e,s that a,e not ;lea'ings. 43CR is (e,1 s;eci"ic as to 8hat is a;;lies to, ta.ing g,eat
;ains to ,e;eat o(e, an' o(e,, 8he,e it inten's to a;;l1, the ;,hase Eall ;lea'ings an' ;a;e,s...F. 4he,e
the ;h,ase Eall ;lea'ings an' ;a;e,sF 'oes not a;;ea,, the 'ictates o" 43CR 1% onl1 a;;l1 to that
8hich the na-e o" the ,ule in(o.es, ie, E;lea'ingsF. <i(en that the 'e"inition o" a E;lea'ingF 'oes not
inclu'e a Ce,ti"icate o" Se,(ice o, an 9n'e# to E#hi5its, the EIAle# ,e6ections 5ase' u;on the "ailu,e o"
such 'ocu-ents to ha(e line nu-5e,s B8hich is onl1 ,equi,e' in 43CR 1% "o, E;lea'ingsFI43CR
1%B1C states that E+he lines o" each ;age -ust 5e 'ou5le s;ace', e#ce;t that 'esc,i;tions o" ,eal
;,o;e,t1 -a1 5e single s;ace'. *ages -ust 5e nu-5e,e' consecuti(el1 at the 5otto-. &ines o" ;ages
-ust 5e nu-5e,e' in the le"t -a,gin o, on legal ;lea'ing ;a;e,...F 8ithout ;,e"acing those 'ictates,
8ith Eall ;lea'ings an' ;a;e,sF o, an1 si-ila, language. Au,the,, 43CR 1%B2CB"C -a1 s;eci"1 an
o,'e, "o, things, 5ut it 'oes not ,equi,e, sa1, an 9n'e# to E#hi5its. 9n'ee', -an1 E;lea'ingsF an' e(en
so-e E;a;e,s ;,esente' "o, "ilingF 'o not ha(e an 9n'e# to E#hi5its. &i.e8ise, the,e is no ,equi,e-ent
that a Ce,ti"icate o" Se,(ice 5e "ile' 8ith a E;lea'ing o, ;a;e,F ;,esente' "o, "iling. Aailu,e to inclu'e
a Ce,ti"icate o" Se,(ice -a1 ha(e consequences to one=s litigation, ho8e(e,, nothing in an1 a;;lica5le
,ule allo8s "o, ,e6ecting one=s "ilings in that ,ega,', an' ce,tainl1 not an1thing in 43CR 1%. &i.e8ise,
no ,ule allo8s "o, ,e6ecting one=s "iling si-;l1 5ecause an attache' 3ecla,ation 'oes not 5a,e the
o,iginal signatu,e o" the 3ecla,ant
NRC* 5 o""e,s "u,the, insight as to 8hat is a ;lea'ing "o, 43CR 1% ;u,;oses. ENRC* R)&E
5. SERV9CE >N3 A9&9N< /A *&E>39N<S >N3 /+2ER *>*ERS BaC Se,(ice: 4hen Requi,e'.
E#ce;t as othe,8ise ;,o(i'e' in these ,ules, e(e,1 o,'e, ,equi,e' 51 its te,-s to 5e se,(e', e(e,1
;lea'ing su5sequent to the o,iginal co-;laint unless the cou,t othe,8ise o,'e,s 5ecause o" nu-e,ous
9
00099
'e"en'ants, e(e,1 ;a;e, ,elating to 'isco(e,1 ,equi,e' to 5e se,(e' u;on a ;a,t1 unless the cou,t
othe,8ise o,'e,s, e(e,1 8,itten -otion othe, than one 8hich -a1 5e hea,' e# ;a,te, an' e(e,1 8,itten
notice, a;;ea,ance, 'e-an', o""e, o" 6u'g-ent, 'esignation o" ,eco,' on a;;eal, an' si-ila, ;a;e, shall
5e se,(e' u;on each o" the ;a,ties.
@s. @atheus has ,ecentl1 ,e6ecte' se(e,al e#t,e-el1 ti-e sensiti(e ;lea'ings 9 ha(e su5-itte'
in asse,ting that the 9n'e# to E#hi5its -ust ha(e line nu-5e,s on the ;age on 8hich such an' 9n'e#
a;;ea,s. 9 'o not 5elie(e 43CR 1%, o, an1 othe, a;;lica5le ,ules ,equi,es this B43CR 1%B1C: GRule
1%. Ao,- o" ;lea'ings... *ages -ust 5e nu-5e,e' consecuti(el1 at the 5otto-. &ines o" ;ages -ust 5e
nu-5e,e' in the le"t -a,gin o, on legal ;lea'ing ;a;e,...G 2o8e(e,, 43CR 1%B$C clea,l1 esta5lishe'
that an 9n'e# to E#hi5its ;age is not consi'e,e' ;a,t o" the G;lea'ingG itsel". +he,e"o,e, ;lease ,et,act
the ,e6ection o" all "ilings ,e6ecte' 5ase' u;on that -is,ea'ing o" 43CR 1% an' ale,t the ,es;ecti(e
3e;a,t-ents as to the 'ela1 atten'ant to those "ilings an' co,,ect the 'oc.ets to ,e"lect the co,,ect
"iling 'ates, as so-e o" those cases ha(e seen 'ea'lines ,un 8ithout ,es;onse B8hich -a.es the
o;;osing si'es a,gu-ents an' @otion 'ee-e' a'-itte' un'e, the *ol.C 'ue to 8hat 9 5elie(e is an
i-;e,-issi5le ,e6ection o" the atte-;t to access 6ustice, not onl1 in light o" NRC* 5BeC, 5ut 8ith
,es;ect to 1ou, -is,ea'ing o" 43CR 1%.
9 8oul' li.e -1 EIAle# elect,onic "iling su5sc,i;tion cha,ges 8ai(e' o, ,e"un'e' in light o" the
Cou,t=s "ailu,e to co-;l1 8ith 43CR 12B1%C an' 'ue to the othe, issues ;,esente' he,ein. *lease let
-e .no8 in 8,iting the 'ecision on that ,equest.
Au,the,, NRC* 5BeC hol's that: GBeC.. The clerk shall not refuse to accept for filing any paper
presented for that purpose solely because it is not presented in proper form as reuired by these
rules or any local rules or practices.G

4ith ,ega,' to the 43C "iling o""ice? eAle# sta"" ,e"using to "ile ;a;e,s su5-itte' "o, "iling,
;lease consi'e,:
Sulli(an (. Eighth 0u'icial 3ist. Cou,t 9n an' Ao, Count1 o" Cla,., 9%4 *.2' 1%!9, 111 Ne(.
1!$ BNe(., 1995C: E+his ;,o;e, ;e,son ;etition "o, a 8,it o" -an'a-us see.s an o,'e, ",o- this cou,t
'i,ecting the Eighth 0u'icial 3ist,ict Cou,t to "ile ;etitione,=s a;;lication to ;,ocee' in "o,-a ;au;e,is
an' his ci(il co-;laint. 1 /n 0ul1 25, 1995, 8e o,'e,e' the state to "ile an ans8e, to this ;etition. +he
state=s ans8e, 8as "ile' on >ugust 11, 1995. 2 3ocu-entation su5-itte' 51 ;etitione, to this cou,t
esta5lishes that ;etitione, su5-itte' to the cle,. o" the 'ist,ict cou,t "o, "iling an a;;lication to ;,ocee'
in "o,-a ;au;e,is an' a ci(il co-;laint on @a1 15, 1995. >lthough the a;;lication "o, lea(e to ;,ocee'
in "o,-a ;au;e,is 8as in ;,o;e, "o,- an' 8as s8o,n to un'e, ;enalt1 o" ;e,6u,1, the cle,. o" the
'ist,ict cou,t 'i' not "ile that a;;lication. ! +he "ailu,e to "ile the a;;lication 8as in (iolation o" the
clea, statuto,1 -an'ate that such an a;;lication 5e "ile'. NRS 12.%15B1C ;,o(i'es that GRaSn1 ;e,son ...
-a1 "ile an a""i'a(it Rsee.ing lea(e to ;,ocee' 8ithout ;a1-ent o" "eesS.G Au,the,, 8e ha(e ,e;eate'l1
inst,ucte' the cle,. o" the Eighth 0u'icial 3ist,ict Cou,t that such 'ocu-ents -ust 5e "ile'. See
Jo8-an (. 3ist,ict Cou,t, 1%2 Ne(. 44, 28 *.2' 4!! B198$C Bcle,. has a -iniste,ial 'ut1 to acce;t
an' "ile 'ocu-ents i" those 'ocu-ents a,e in ;,o;e, "o,-L cle,. -ust not e#e,cise an1 6u'icial
'isc,etionCL Ja,nes (. 3ist,ict Cou,t, 1%! Ne(. $9, 48 *.2' 48! B198C B;,isone,=s ,ight o" access to
cou,t cannot 5e 'enie' on 5asis o" in'igenc1CL 2ue5ne, (. State, 1% Ne(. !28, 81% *.2' 12%9 B1991C
Bcle,. -ust c,eate an accu,ate ,eco,' o" all ;lea'ings su5-itte' "o, "iling, 8hethe, o, not the
'ocu-ents a,e actuall1 "ile'CL 4hit-an (. 4hit-an, 1%8 Ne(. 949, 84% *.2' 12!2 B1992C Bcle,. has no
1%
00100
autho,it1 to ,etu,n 'ocu-ents su5-itte' "o, "ilingL instea', cle,. -ust sta-; 'ocu-ents that cannot 5e
i--e'iatel1 "ile' G,ecei(e',G an' -ust -aintain such 'ocu-ents in the ,eco,' o" the caseCL 3onoho (.
3ist,ict Cou,t, 1%8 Ne(. 1%2, 842 *.2' !1 B1992C Bthe cle,. o" the 'ist,ict cou,t has a 'ut1 to "ile
'ocu-ents an' to .ee; an accu,ate ,eco,' o" the ;,ocee'ings 5e"o,e the cou,tCL <,e1 (. <,e1, 111 Ne(.
!88, 892 *.2' 595 B1995C Bcle,. o" 'ist,ict cou,t a'-onishe' "o, "ailu,e to .ee; accu,ate ,eco,' o"
'ocu-ents su5-itte' "o, "ilingC.
*etitione, alleges that the 'ist,ict cou,t has ,e"use' to "ile his a;;lication an' has ,etu,ne' it
8ith 'i,ections to ;,o(i'e -o,e in"o,-ation ,ega,'ing e-;lo1-ent. 9n'ee', ;etitione, has attache' to
his ;etition "o, a 8,it in this cou,t his o,iginal a;;lication as it 8as ,etu,ne' to hi-. >ttache' to the to;
o" the 'ocu-ent is a G;ostIitG note 8ith the han'8,itten notation: Ga;;lication 'enie' inco-;lete in"oI
e-;lo1-ent cu,,entl1.G 4 +he state in"o,-s us that the note 8as 8,itten 51 Gthe chie" 6u'ge.G 9n
a''ition, ;etitione, alleges, an' the allegation is a;;a,entl1 t,ue, that along 8ith his G'enie'G
a;;lication "o, lea(e to ;,ocee' in "o,-a ;au;e,is, his ci(il co-;laint 8as ,etu,ne' to hi- un"ile'.
Ainall1, ;etitione, alleges, an' has attache' 'ocu-entation to su;;o,t the allegation, that 6u'ges= la8
cle,.s o"ten ,etu,n to ;,isone,s un"ile' -otions along 8ith lette,s ;u,;o,ting to ,ule on the legal
su""icienc1 o" those -otions. +he state a,gues in its ans8e, to this ;etition that G;etitione,=s a;;lication
... 8as 'enie' on the 5asis that the a'',ess o" the *etitione, 8hich 8as late, gi(en to the Cou,t 51
*etitione, ... 'i' not a;;ea, to 5e a 6ail an' that such in"o,-ation 8as cont,a,1 to the in"o,-ation
sho8n in the a;;lication 8hich state' that the *etitione, 8as in ;,ison. +he =out o" 6ail= a'',ess
suggeste' an a5ilit1 o" the *etitione, to 5e e-;lo1e'.G +his (ague ,e"e,ence to an Gout o" 6ailG a'',ess
is not e#;laine' in the 'ocu-ents 5e"o,e this cou,t. Ne(e,theless, the state=s asse,tion that ;etitione,=s
a;;lication 8as 'enie' is inco,,ect. +he han'8,itten notation on ;etitione,=s un"ile' a;;lication clea,l1
'oes not constitute a ;,o;e, 6u'icial 'is;osition o" that a;;lication. Au,the,, the action o" the cle,. o"
the 'ist,ict cou,t in ,etu,ning ;etitione,=s a;;lication an' ci(il co-;laint to hi- un"ile' is in 'i,ect
(iolation o" this cou,t=s inst,uctions to the cle,. o" the 'ist,ict cou,t in 4hit-an (. 4hit-an, 1%8 Ne(.
949, 84% *.2' 12!2 B1992C. +his cou,t has se(e,al ti-es con"i,-e' the a5solute o5ligation o" the
'ist,ict cou,ts to "ile 'ocu-ents su5-itte' to the- an' to ;,ese,(e the ,ight o" citiDens to access to the
cou,ts, 8hethe, in'igent o, not. Ja,nes (. 3ist,ict Cou,t, 1%! Ne(. $9, 48 *.2' 48! B198CL 2ue5ne,
(. State, 1% Ne(. !28, 81% *.2' 12%9 B1991C.
9n'ee', in 3onoho (. 3ist,ict Cou,t, 1%8 Ne(. 1%2, 842 *.2' !1 B1992C, a case 'i,ectl1
analogous to this case, 8e hel' that the cle,. o" the 'ist,ict cou,t (iolate' the ,ights o" an in'igent ;a,t1
8hen she neglecte' to "ile a -otion "o, lea(e to ;,ocee' in "o,-a ;au;e,is an' a -otion "o, ,elie" ",o-
a 'e"ault 6u'g-ent. S;eci"icall1, 8e state': GR+She cle,. Ro" the 'ist,ict cou,tS ha' an a5solute 'ut1 to
"ile the -otion "o, lea(e to ;,ocee' in "o,-a ;au;e,is an' to clea,l1 sta-; the 'ate o" ,ecei;t o" the
othe, 'ocu-ents on the 'ocu-ents. Au,the,, the cle,. ha' a 'ut1 to .ee; an accu,ate ,eco,' o" the case
;en'ing 5e"o,e the 'ist,ict cou,t.G 9'. at 1%29, 842 *.2' at !! Bcitation o-itte'L e-;hasis a''e'C.
+hus, ;etitione,=s a;;lication "o, lea(e to ;,ocee' in "o,-a ;au;e,is -ust 5e "ile'. 9", on su5sequent
,e(ie8 o" the a;;lication, the 'ist,ict cou,t 'ete,-ines that ;etitione, has not sho8n he is in'igent, the
'ist,ict cou,t -a1 o,'e, ;etitione, to ;,o(i'e "u,the, in"o,-ation o, -a1 'en1 the a;;lication in an
a;;,o;,iatel1 "ile' 8,itten o,'e,. 9", on the othe, han', the 'ist,ict cou,t g,ants the a;;lication, the
'ist,ict cou,t -ust then ;,ocee' to ,equi,e the "iling o" ;etitione,=s othe, 'ocu-ents an' to consi'e,
the- in 'ue cou,se. 3onoho, 1%8 Ne(. at 1%!%, 842 *.2' at !!. /" cou,se, "o, statute o" li-itations
;u,;oses, the co-;laint 8oul' ha(e to 5e consi'e,e' "ile' on the 'ate o" actual ,ecei;t 51 the cle,. o"
the 'ist,ict cou,t. +o continue the anal1sis, 8ith ,es;ect to ;etitione,=s ci(il co-;laint 8hich he is
atte-;ting to "ile concu,,entl1, the 'ist,ict cou,t cle,. ha' an a5solute o5ligation to sta-; the
11
00101
'ocu-ent G,ecei(e'G an' to ,eco,' the 'ate on 8hich the 'ocu-ent 8as in "act ,ecei(e' at the
cou,thouse. See 2ue5ne, (. State, 1% Ne(. !28, 81% *.2' 12%9 B1991C. +his the cle,. o" the 'ist,ict
cou,t 'i'. 2o8e(e,, the cle,. then ha' a 'ut1 to -aintain a co;1 o" the ,ecei(e' 'ocu-ent in the ,eco,'
o" the case, 8hethe, o, not the 'ocu-ent is e(e, "ile'. 4hit-an (. 4hit-an, 1%8 Ne(. 949, 84% *.2'
12!2 B1992C.
+his, the cle,. neglecte' to 'o. 4hile 2ue5ne, 'ealt 8ith the ti-eliness o" a notice o" a;;eal,
the ,ationale co-;elling this cou,t=s ,uling in 2ue5ne,, that all 'ocu-ents -ust 5e -a,.e' ,ecei(e' an'
'ate', a;;lies 8ith equal "o,ce to a ;a,t1=s su5-ission o" a co-;laint. G+he legal ,ights o" the ;a,ties to
litigation, 8hethe, acting in ;,o;e, ;e,son o, th,ough counsel, o"ten tu,n on the 'ate o" ,ecei;t 51 the
cle,. o" the 'ist,ict cou,t o" 'ocu-ents an' ;lea'ings.G 2ue5ne,, 1% Ne(. at !!%, 81% *.2' at 1211. >s
8ith a notice o" a;;eal, the unti-el1 "iling o" a co-;laint -a1 ;,e(ent the cou,t ",o- hea,ing the
-atte, on its -e,its. 9t is the ,es;onsi5ilit1 o" the cle,. o" the 'ist,ict cou,t to .ee; an accu,ate ,eco,'
o" all 'ocu-ents su5-itte' to he,, 8hethe, o, not the1 a,e "ile'. >s in 2ue5ne,, a-5iguities ,ega,'ing
8hen 'ocu-ents 8e,e ,ecei(e' o, "ile' -ust ulti-atel1 5e ,esol(e' in "a(o, o" the ;a,t1 su5-itting
the-. 9'. at !!2, 81% *.2' at 1212. +he issue ;,esentl1 5e"o,e this cou,t is not 8hethe, ;etitione,=s
-otion "o, lea(e to ;,ocee' in "o,-a ;au;e,is is su""icient to esta5lish ;etitione,=s in'igence. Au,the,,
8e a,e not no8 conce,ne' 8ith the -e,its o" ;etitione,=s ci(il co-;laint. 4e a,e (itall1 conce,ne',
ho8e(e,, 8ith the ;,ese,(ation o" the constitutional ,ight o" access to the cou,ts an' 8ith the ;,otection
o" the constitutional ,ight to 'ue ;,ocess o" la8. > 8,it o" -an'a-us is a(aila5le to co-;el the
;e,"o,-ance o" an act 8hich the la8 ,equi,es as a 'ut1 ,esulting ",o- an o""ice, t,ust o, station. NRS
!4.1$%. +he cle,. o" the 'ist,ict cou,t has an a5solute 'ut1 to "ile ;etitione,=s a;;lication an' to
;,o;e,l1 ,ecei(e an' .ee; a ,eco,' o" ;etitione,=s co-;laint. >cco,'ingl1, 8e g,ant this ;etition "o, a
8,it o" -an'a-us. $ +he cle,. o" this cou,t shall se,(e a co;1 o" ;etitione,=s a;;lication an' co-;laint
on the cle,. o" the 'ist,ict cou,t "o,th8ith. +he cle,. o" this cou,t shall also issue a 8,it o" -an'a-us
co-;elling the cle,. o" the 'ist,ict cou,t to "ile ;etitione,=s a;;lication, an' to ,ecei(e ;etitione,=s
co-;laint. +hese 'ocu-ents 8ill 5e consi'e,e' to ha(e 5een "ile' an' ,ecei(e' on @a1 15, 1995.
IIIIIIIIIIIIIII 1 *etitione, also see.s a 8,it o" ;,ohi5ition en6oining the 'ist,ict cou,t, the cle,. o" the
'ist,ict cou,t an' he, e-;lo1ees ",o- 'en1ing ;,isone,s access to the cou,ts in the "utu,e. 4e 'en1
;etitione,=s ,equest "o, a 8,it o" ;,ohi5ition. 2 Cause a;;ea,ing, 8e g,ant ;etitione,=s ;,o;e, ;e,son
,equest "o, lea(e to "ile a ,e;l1 to the state=s ans8e,. +he cle,. o" this cou,t shall "ile the ,e;l1, entitle'
G;etitione,=s ,e;l1 to ;etition "o, 8,its o" -an'a-us an' ;,ohi5ition,G 8hich 8as ,ecei(e' 51 this cou,t
on >ugust 21, 1995. ! >lthough the 'ocu-ent 8as entitle' Ga;;licationG ,athe, than Ga""i'a(it,G it 8as
s8o,n to un'e, ;enalties o" ;e,6u,1, ;,o(i'e' in"o,-ation conce,ning ;etitione,=s "inancial con'ition
an' clea,l1 sought a 6u'icial ,uling ,ega,'ing the question o" 8hethe, ;etitione, 8oul' 5e allo8e' to
;,ocee' 8ith a ci(il action 8ithout the ;a1-ent o" "ees. +hus, an1 'e(iation as to "o,- 8as not
signi"icant enough to 6usti"1 the cle,.=s "ailu,e to "ile the 'ocu-ent. +he cle,. o" the cou,t has no
'isc,etion to -a.e an1 6u'icial ,uling ,ega,'ing the legal su""icienc1 o" a 'ocu-ent. 4hen a 'ocu-ent
in ;,o;e, "o,- is su5-itte' to the cle,., the cle,. has a -iniste,ial 'ut1 to "ile that 'ocu-ent. 4 4e
note that ;etitione, is ;,esentl1 an in-ate at the Ne(a'a State *,ison, an' that his a""i'a(it "ile' in this
cou,t in su;;o,t o" this ;etition states that he is cu,,entl1 une-;lo1e' an' has no ;,ison 6o5. 2e also
a(e,s that his onl1 asset is O$.5 in his ;,ison account. 5 /ne such lette, ",o- a la8 cle,. to an in-ate
states: G>ttache' ;lease "in' 1ou, @otions to *,ocee' in Ao,-a *au;e,is 8hich 1ou ,ecentl1
su5-itte'. NRS 12.%15 ,equi,es an in'igent litigant to set "o,th =8ith ;a,ticula,it1 "acts conce,ning his
inco-e, ;,o;e,t1, an' othe, ,esou,ces ...= :ou, a;;lication to ;,ocee' sets "o,th this in"o,-ation (e,1
gene,all1.G G*lease ,esu5-it the @otion 8ith a -o,e ;a,ticula, state-ent ,ega,'ing 1ou, "inances an'
an1 ;,o;e,t1 1ou o8n....G >lthough this lette, 'oes not 'i,ectl1 'en1 the -otion, it clea,l1 has the
12
00102
e""ect o" 'en1ing the -otion 8ithout "iling. /" cou,se, li.e the cle,. o" the 'ist,ict cou,t, a 6u'ge=s la8
cle,. lac.s 6u'icial autho,it1. $ +he state ,e;,esents that Gthe 3ist,ict Cou,t 8ill "ile the *etitione,=s
co-;laint u;on su5-ittal 51 the ;etitione,.G +his state-ent 8as 5ase' on the state=s (ie8 that 8e
'ete,-ine' in ou, /,'e, to Sho8 Cause that ;etitione, shoul' 5e allo8e' to ;,ocee' in "o,-a ;au;e,is.
4e, ho8e(e,, e#;,ess no o;inion ,ega,'ing the -e,its o" ;etitione,=s a;;lication o, co-;laint. 4e
-e,el1 'ete,-ine that the a;;lication shoul' ha(e 5een "ile' an' 6u'iciall1 ,esol(e', an' the co-;laint
shoul' ha(e 5een ;,o;e,l1 ,ecei(e'. 4e note that ;etitione, has sent the o,iginal 'ocu-ents to this
cou,t, an' thus -a1 not 5e in a ;osition to ,esu5-it the-. >lso, "o, statute o" li-itations ;u,;oses, the
'ocu-ents -ust 5e consi'e,e' "ile' as o" the 'ate o" o,iginal ,ecei;t. +hus, 8e ha(e 'ete,-ine' that
this ;etition -ust 5e g,ante'.F >nothe, (e,1 i-;o,tant an' inst,ucti(e case is 4hit-an (. 4hit-an,
1%8 Ne(. 949, 84% *.2' 12!2 BNe(., 1992C: E/n ,ehea,ing, a;;ellant has su5-itte' 'ocu-ents that
conclusi(el1 'e-onst,ate that a;;ellant su5-itte' a ti-el1 notice o" a;;eal to the cle,. o" the 'ist,ict
cou,t.
>lthough the cle,. o" the 'ist,ict cou,t sta-;e' the notice o" a;;eal G,ecei(e'G on 3ece-5e,
!%, 1991, the cle,. 'i' not "ile the notice o" a;;eal. 9nstea', the cle,. o" the 'ist,ict cou,t ,etu,ne'
a;;ellant=s notice o" a;;eal to a;;ellant 5ecause it 8as not acco-;anie' 51 a "iling "ee an', although
the notice 8as acco-;anie' 51 a -otion "o, lea(e to ;,ocee' on a;;eal in "o,-a ;au;e,is, a;;ellant=s
a""i'a(it in su;;o,t o" that -otion 8as a;;a,entl1 not signe'. Consequentl1, the,e is no ,eco,' o" the
su5-ission o" a;;ellant=s ti-el1 notice o" a;;eal. 4e note that the cle,. o" the 'ist,ict cou,t "ile'
a;;ellant=s -otion "o, lea(e to ;,ocee' on a;;eal in "o,-a ;au;e,is on the 'ate o" ,ecei;t, 3ece-5e,
!%, 1991, an' that the 'ist,ict cou,t e(entuall1 g,ante' that -otion. 4e ha(e ;,e(iousl1 state' that Git is
e#t,e-el1 i-;o,tant that the cle,. o" the 'ist,ict cou,t .ee; an accu,ate ,eco,' o" the 'ate o" ,ecei;t o"
e(e,1 'ocu-ent su5-itte' to the cle,., ,ega,'less o" 8hethe, the 'ocu-ent is in the a;;,o;,iate "o,-.
9n'ee', it is a g,oss 'e,eliction o" 'ut1 "o, the cle,. o" the 'ist,ict cou,t to neglect this -iniste,ial 'ut1.G
2ue5ne, (. State, 1% Ne(. !28, !!%, 81% *.2' 12%9, 1211 B1991C B"ootnote o-itte'C. 9n this case, the
cle,. o" the 'ist,ict cou,t has "aile' to .ee; an1 ,eco,' o" the 'ate o" ,ecei;t o" a;;ellant=s notice o"
a;;ealL instea', the cle,. sta-;e' the 'ocu-ent G,ecei(e'G an' ,etu,ne' it to a;;ellant. +he cle,. o"
the 'ist,ict cou,t ha' no autho,it1 to ta.e such action.
>lthough the cle,. o" the 'ist,ict cou,t ha' no 'ut1 to "ile a;;ellant=s notice o" a;;eal 5e"o,e
a;;ellant ;ai' the ,equisite "iling "ee o, 8as ,elie(e' o" the 'ut1 to ;a1 the "iling "ee 51 o,'e, o" the
'ist,ict cou,t, see NRS 19.%1!B2C, the cle,. ha' a 'ut1 to ,ecei(e the 'ocu-ent an' to .ee; an accu,ate
,eco,' o" the case ;en'ing 5e"o,e the 'ist,ict cou,t. *a,ticula,l1 in this case it 8as essential that the
notice o" a;;eal 5e ,etaine' in the ,eco,', 5ecause 8e ha(e hel' that a notice o" a;;eal is e""ecti(e on
the 'ate o" ,ecei;t 51 the 'ist,ict cou,t cle,.. See 2ue5ne, (. State, R1%8 Ne(. 952S 1% Ne(. !28, 81%
*.2' 12%9 B1991C. Rathe, than ,etu,ning the notice o" a;;eal to a;;ellant, the cle,. o" the 'ist,ict cou,t
shoul' ha(e ,etaine' the notice o" a;;eal in the ,eco,', an' shoul' ha(e in"o,-e' a;;ellant 51 lette, o"
an1 ;e,cei(e' 'e"iciencies in the 'ocu-ent. 4 >;;ellant coul' then ha(e ta.en 8hate(e, action 8as
a;;,o;,iate to ;u,sue his a;;eal. 9n light o" the "o,egoing, 8e conclu'e that a;;ellant ti-el1 su5-itte'
to the cle,. o" the 'ist,ict cou,t a notice o" a;;eal ",o- an a;;eala5le o,'e, o" the 'ist,ict cou,t, an'
that a;;ellant=s ti-el1 notice o" a;;eal is not containe' in the ,eco,' 'ue to the ina;;,o;,iate action o"
the 'ist,ict cou,t cle,.. >cco,'ingl1, 8e g,ant a;;ellant=s ;etition "o, ,ehea,ing, an' 8e ;,ocee' to
a'',ess the -e,its o" this a;;eal.F 9'. >t 12!2I12!4. See, also, Ja,nes (. Eighth 0u'icial 3ist. Cou,t o"
State o" Ne(., 9n an' Ao, Cla,. Count1, 48 *.2' 48!, 1%! Ne(. $9 BNe(., 198C.F

1!
00103
&astl1, the /,'e, g,anting the 9n Ao,-a *au;e,is >;;lication 9 "ile' in CV11I%189$ 8as
g,ante'. 2o8e(e,, that case has 5een 'is-isse' 'ue to ;,o5le-s associate' 8ith getting the 4ashoe
Count1 She,i""=s /""ice to ca,,1 out se,(ice o" ;,ocess in acco,'ance 8ith the te,-s o" that /,'e,. Can
1ou ;lease state the Secon'=s ;osition, in 8,iting, 8ith ,es;ect to the ,es;onsi5ilit1 o" ;,o se litigants
8ho ha(e 5een g,ante' an /,'e, assigning the- in "o,-a ;au;e,is status 8ith ,es;ect to -a.ing co;ies
o" thei, Co-;laint, Su--ons, etc. an' 'eli(e,1 such to the 4ashoe Count1 She,i""=s /""ice an' o,
;,o(i'ing inst,uctions "o, se,(ice. *lease ;,o(i'e an e#;lanation o" those ;ositions a"te, co-;a,ing
those ;olicies o, ;ositions 8ith the "ollo8ing hol'ing: G+he 'e"ect in se,(ice Bthat the ;hotoco;1 o"
the co-;laint ;,o(i'e' 8as too "aintC 8as not att,i5uta5le to the ;lainti"", 5ut to cou,t ;e,sonnel, 8ho
a,e ,es;onsi5le "o, -a.ing co;ies o" the initial ;lea'ings "o, 9A* litigantsG. @cKENZ9E (. >@+R>K
@ /A E, A.Su;;. 1119.

Since,el1,

Zach Coughlin, Esq.
14
00104
eFlex
file:///D|/...%20firefox/eflex%20noticfications%20between%2011%2021%2011%20and%201%2028%2012%20for%20Zach%20Coughlin%20Esq.htm[1/29/2012 1:33:16 AM]
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Zach Barker Coughlin, Esq. Filings
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My Filings Between 01/28/2012 and 11/01/2011
Filing ID Client # Court Case # Date Submitted Document Type Status

1309046
FV11-03779 01-27-2012:12:56:53 AM Obj to Master's Recommendation Rejected

1309045
DV10-00545 01-27-2012:12:32:38 AM Opposition to Mtn Rejected

1309044
CV11-01955 01-26-2012:11:46:37 PM Mtn for Extension of Time Rejected

1307491
FV11-03779 01-26-2012:06:03:39 AM Obj to Master's Recommendation Rejected

1307490
CV11-01896 01-26-2012:01:34:56 AM Mtn to Set Aside Decree Filed
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user: Zach Barker Coughlin, Esq.
00105
01/28/2012 11/01/2011
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file:///D|/...%20firefox/eflex%20noticfications%20between%2011%2021%2011%20and%201%2028%2012%20for%20Zach%20Coughlin%20Esq.htm[1/29/2012 1:33:16 AM]

1307489
CV11-01955 01-26-2012:12:50:41 AM **Continuation Rejected

1307484
DV10-00545 01-25-2012:11:53:54 PM Opposition to Mtn Rejected

1305862
FV11-03779 01-25-2012:05:21:58 AM Obj to Master's Recommendation Rejected

1305861
CV11-01955 01-25-2012:12:01:40 AM Opposition to Mtn Filed

1305860
CV11-01955 01-24-2012:11:50:19 PM Mtn to Retax Costs Filed

1305859
CV11-01896 01-24-2012:08:50:29 PM Mtn for Extension of Time Rejected

1305858
CV11-01896 01-24-2012:08:35:22 PM Mtn to Set Aside Decree Rejected

1305855
CV11-01955 01-24-2012:08:19:41 PM Mtn for Extension of Time Rejected

1305854
CV11-01955 01-24-2012:08:11:35 PM Mtn for Extension of Time Rejected

1304286
CV09-00710 01-23-2012:06:30:42 PM Request for Submission Filed

1304285
CV09-00710 01-23-2012:06:22:36 PM Request for Submission Rejected

1304283
CV11-01955 01-23-2012:06:04:23 PM Mtn to Set Aside Decree Rejected

1304282
CV11-01955 01-23-2012:06:01:04 PM Mtn for Extension of Time Rejected

1304281
CV11-01896 01-23-2012:05:59:48 PM Mtn to Set Aside Decree Rejected

1304280
CV11-01896 01-23-2012:05:56:40 PM Mtn for Extension of Time Rejected

1302624
CV11-01955 01-22-2012:03:52:57 AM Mtn for Extension of Time Rejected

1302623
CV11-01896 01-22-2012:03:11:02 AM Mtn for Extension of Time Rejected

1302622
CV11-01896 01-22-2012:02:59:11 AM Mtn to Set Aside Decree Rejected

1302617
FV12-00188 01-21-2012:02:37:55 PM Proof of Service Filed

1301031
CV11-01955 01-20-2012:07:26:28 AM Mtn to Set Aside Decree Filed

CV11-03628 01-13-2012:11:49:06 PM Supplemental ... Filed
00106
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file:///D|/...%20firefox/eflex%20noticfications%20between%2011%2021%2011%20and%201%2028%2012%20for%20Zach%20Coughlin%20Esq.htm[1/29/2012 1:33:16 AM]
1296427

1296426
CV11-03628 01-13-2012:11:41:47 PM Opposition to Mtn Filed

1295293
CV08-01709 01-13-2012:07:18:30 AM Supplemental ... Filed

1293591
CV08-01709 01-11-2012:04:00:01 PM Reply to/in Opposition Filed

1292459
CV11-03051 01-11-2012:05:59:53 AM Request for Submission Filed

1292458
CV11-03051 01-11-2012:05:44:52 AM Mtn Clarification of Ord Filed

1292457
FV11-03779 01-11-2012:04:20:45 AM Points&Authorities Support Filed

1292456
FV05-04296 01-11-2012:01:47:03 AM Mtn to Set Aside Decree Filed

1291151
CV11-03051 01-10-2012:05:16:50 AM Notice of Appearance Filed

1291150
CV11-03628 01-10-2012:01:44:55 AM Notice of Appearance Filed

1291149
CV11-03126 01-10-2012:01:33:41 AM Mtn Proceed Forma Pauperis Filed

1291148
CR11-2064 01-10-2012:01:10:58 AM Notice of Appearance Filed

1289509
CV11-01896 01-06-2012:11:42:11 PM Opposition to Mtn Filed

1288127
CV11-03628 01-05-2012:10:49:42 PM Notice of Appearance Filed

1288126
CV11-03628 01-05-2012:10:42:08 PM Reply Filed

1284291
CV08-01709 12-31-2011:04:27:28 PM Mtn to Set Aside Decree Filed

1283238
CV11-03628 12-30-2011:08:40:15 AM **Continuation Filed

1283207
CV11-03628 12-30-2011:08:30:08 AM Mtn for TRO Filed

1276753
CV11-01896 12-22-2011:04:37:01 AM Opposition to Mtn Filed

1276020
FV11-03779 12-21-2011:01:55:21 PM **Continuation Filed

1275168
CV11-01896 12-21-2011:01:33:01 AM Mtn for Extension of Time Rejected
00107

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file:///D|/...%20firefox/eflex%20noticfications%20between%2011%2021%2011%20and%201%2028%2012%20for%20Zach%20Coughlin%20Esq.htm[1/29/2012 1:33:16 AM]

1272290
CV11-01896 12-16-2011:10:24:24 PM Opposition to Mtn Rejected

1272233
CV11-01955 12-16-2011:04:46:46 PM Mtn to Set Aside Decree Filed

1271082
CV11-01955 12-16-2011:12:33:32 AM Opposition to Mtn Filed

1270200
CV11-01896 12-15-2011:01:19:24 PM Opposition to Mtn Filed

1270149
CV11-01955 12-15-2011:01:03:05 PM Opposition to Mtn Filed

1269410
CV11-01896 12-15-2011:03:58:20 AM Opposition to Mtn Rejected

1269409
CV11-01955 12-15-2011:03:55:07 AM Opposition to Mtn Rejected

1269407
CV11-01955 12-15-2011:12:12:26 AM Opposition to Mtn Rejected

1264734
CV11-01955 12-10-2011:04:29:30 AM Summons Filed Filed

1264733
CV11-01896 12-10-2011:04:28:10 AM Summons Filed Filed

1263487
CV11-01955 12-09-2011:06:25:37 AM Summons Filed Rejected

1263128
CV10-01341 12-08-2011:02:58:42 PM Notice Withdrawal of Attorney Filed

1263114
CV09-00710 12-08-2011:02:57:23 PM Mtn to Relieve Counsel Filed

1263108
ARB09-00710 12-08-2011:02:51:25 PM Errata Filed

1258270
cv1103051 12-05-2011:12:35:58 PM Appeal From Justice's Court Rejected

1252804
CV11-01955 11-30-2011:05:56:27 AM Opposition to Mtn Rejected

1252803
CV11-01896 11-30-2011:05:55:02 AM Opposition to Mtn Rejected

1252802
CV11-01896 11-29-2011:11:45:02 PM Opposition to Mtn Filed

1252801
CV11-01955 11-29-2011:11:43:31 PM Opposition to Mtn Filed

1251182
CV11-01955 11-29-2011:12:50:10 AM Notice of Appearance Filed

CV11-01896 11-29-2011:12:48:39 AM Notice of Appearance Filed
00108
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file:///D|/...%20firefox/eflex%20noticfications%20between%2011%2021%2011%20and%201%2028%2012%20for%20Zach%20Coughlin%20Esq.htm[1/29/2012 1:33:16 AM]
1251181

1251180
CV11-03051 11-29-2011:12:28:00 AM Notice of Appearance Filed

1251179
CV11-03126 11-29-2011:12:11:39 AM Request for Submission Rejected

1251178
CV11-03126 11-29-2011:12:00:26 AM Notice of Appearance Filed

1251177
CV11-03126 11-28-2011:11:50:01 PM Amended Answer Rejected

1250583
CV10-03675 11-28-2011:02:04:51 PM Errata Filed

1249687
FV05-04296 11-25-2011:12:21:16 AM Notice of Appearance Filed

1249686
CV10-01341 11-25-2011:12:05:21 AM Notice of Appearance Filed

1249685
CV09-00710 11-24-2011:11:50:08 PM Notice of Appearance Filed

1249684
CV10-03675 11-24-2011:11:45:07 PM Notice of Appearance Filed

1249683
ARB09-00710 11-24-2011:11:38:19 PM Not/Stay Pend BK Not All Deft Rejected

1249682
CV11-00820 11-24-2011:11:22:34 PM Notice of Appearance Filed

1246786
FV05-04296 11-22-2011:01:12:04 AM Mtn Ord Shortening Time Rejected

1246785
CV11-03051 11-21-2011:11:45:01 PM Mtn for Reconsideration Rejected
Number of Filings: 80
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00109

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From: eflex@washoecourts.us
Sent: Tue 6/28/11 10:24 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-06-28 00:17:27.0
Subject: Your electronic filing, Re: Filing ID 1102535 - Employment Torts (Wrongful termination) -
WT - Mtn Proceed Forma Pauperis, was rejected by Second Judicial District Court - State
of Nevada.

Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn Proceed Forma Pauperis
Document Type: Complaint - Civil
Reason(s) for rejection:
This is being rejected for the following: 1) An IFP for this case has already been filed as of
6/27/11, you cannot re-submit a new one. 2) You cannot E-FILE an IFP. It needs to be
paper filed. 3) When e-filing documents, they must come in separately. and 4) Your
exhibits in your complaint need to be scanned separately (with there cover sheet) and sent
over as continuations to your PDF document. - Mia 328-3148
From: eflex@washoecourts.us
Sent: Thu 7/21/11 4:07 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-07-21 15:32:37.0
Subject: Your electronic filing, Re: DV08-01168 - Marriage Dissolution Case: Divorce - Without
Children - DO - Master's Recommendation/Ord, was rejected by Second Judicial District
Court - State of Nevada.
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1 of 22 1/29/2012 12:39 AM
00110

Case Number: DV08-01168
Case Type: Marriage Dissolution Case: Divorce - Without Children - DO
Document Type: Master's Recommendation/Ord
Reason(s) for rejection:
Orders needs to be hand/paper delivered to court for Judge to sign - Andrew @
328-3115
From: eflex@washoecourts.us
Sent: Tue 11/22/11 9:12 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-21 23:45:01.0
Subject: Your electronic filing, Re: CV11-03051 - Appeal from Lower Court: Justice Court Civil
Appeal - CA - Mtn for Reconsideration, was rejected by Second Judicial District Court -
State of Nevada.

Case Number: CV11-03051
Case Type: Appeal from Lower Court: Justice Court Civil Appeal - CA
Document Type: Mtn for Reconsideration
Reason(s) for rejection:
Missing case number and dept number on pleading and you have a page 30 that is blank,
are you missing a page if not please remove for filing. Andrew @ 328-3115
From: eflex@washoecourts.us
Sent: Tue 11/22/11 9:12 AM
To: zachcoughlin@hotmail.com
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
2 of 22 1/29/2012 12:39 AM
00111
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-22 01:12:04.0
Subject: Your electronic filing, Re: FV05-04296 - Support/Custody/Visitation - CU - Mtn Ord
Shortening Time, was rejected by Second Judicial District Court - State of Nevada.

Case Number: FV05-04296
Case Type: Support/Custody/Visitation - CU
Document Type: Mtn Ord Shortening Time
Reason(s) for rejection: Missing motion/opposition form - Andrew @ 328-3115
From: eflex@washoecourts.us
Sent: Mon 11/28/11 8:53 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-24 23:38:19.0
Subject: Your electronic filing, Re: ARB09-00710 - Arbitration - AZ - Not/Stay Pend BK Not All
Deft, was rejected by Second Judicial District Court - State of Nevada.

Case Number: ARB09-00710
Case Type: Arbitration - AZ
Document Type: Not/Stay Pend BK Not All Deft
Reason(s) for rejection:
In your body you have Peter Eastman - he is not part of this case please update for filing.
Andrew @ 328-3115
From: eflex@washoecourts.us
Sent: Tue 11/29/11 10:21 AM
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
3 of 22 1/29/2012 12:39 AM
00112
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-28 23:50:01.0
Subject: Your electronic filing, Re: CV11-03126 - Other Civil Filing: Other Civil Matters - GC -
Amended Answer, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-03126
Case Type: Other Civil Filing: Other Civil Matters - GC
Document Type: Amended Answer
Reason(s) for rejection:
Zach sorry but the black box that you put on the upper right hand side of the pleading is
covering the new file stamp. Please move the box for filing. Also through the efling system
we don't have the ablitiy to stamp or mark as received. Thanks Andrew @ 328-3115
From: eflex@washoecourts.us
Sent: Tue 11/29/11 10:57 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-29 00:11:39.0
Subject: Your electronic filing, Re: CV11-03126 - Other Civil Filing: Other Civil Matters - GC -
Request for Submission, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-03126
Case Type: Other Civil Filing: Other Civil Matters - GC
Document Type: Request for Submission
Reason(s) for rejection:
Zach when the motion is fixed please resubmit the request for submit - Andrew @
328-3115
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4 of 22 1/29/2012 12:39 AM
00113
From: eflex@washoecourts.us
Sent: Wed 11/30/11 8:29 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-30 05:55:02.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Opposition to Mtn, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Opposition to Mtn
Reason(s) for rejection:
Your exhibit one needs to be its own pdf file, then attached as a continuation to your
supplement. So after you enter in your supplement in eflex you browse and attach your
supplemental PDF and then press add then go back up top to your document category
drop down and pick "others" then in the document type will be "continuation" then you
browse and attach your exhibit one with cover page then press add and then submit your
filing. also you can look on our website and download the user guide for the eflex. Andrew
@ 328-3115
From: eflex@washoecourts.us
Sent: Wed 11/30/11 8:33 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-11-30 05:56:27.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Opposition to Mtn, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
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5 of 22 1/29/2012 12:39 AM
00114
Document Type: Opposition to Mtn
Reason(s) for rejection:
Please make exhibit one its own PDF file and attach as a continuation to your
supplemental - Andrew @ 328-3115
From: eflex@washoecourts.us
Sent: Mon 12/05/11 2:57 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-05 12:35:58.0
Subject: Your electronic filing, Re: cv1103051 - Appeal from Lower Court: Justice Court Civil Appeal
- CA - Appeal From Justice's Court, was rejected by Second Judicial District Court - State
of Nevada.

Case Type: Appeal from Lower Court: Justice Court Civil Appeal - CA
Document Type: Appeal From Justice's Court
Reason(s) for rejection:
Zach, please go to Reno Justice Court pay to the $216 for the filing fee, see Karen Stancil.
They in turn will send the money and the appeal to District Court for filing. Any questions
call Annie @ 328-3112.
From: eflex@washoecourts.us
Sent: Fri 12/09/11 11:02 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-09 06:25:37.0
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
6 of 22 1/29/2012 12:39 AM
00115
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Summons Filed, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Summons Filed
Reason(s) for rejection:
Pages within documents must be orginial. Please resubmit Summons with original
"affidavit of service" attached. Any questions call Annie @ 328-3112
From: eflex@washoecourts.us
Sent: Thu 12/15/11 8:49 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-15 00:12:26.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Opposition to Mtn, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Opposition to Mtn
Document Type: Non-Opposition
Document Type: Non-Opposition
Reason(s) for rejection:
1.) Exhibits need to be sent over as continuations. 2.) Since the exhibits needs to be
attached into 2 continuation files please attach a second ?exhibit one? cover page on the
second continuation. Thank you, Matthew @328-3115
From: eflex@washoecourts.us
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7 of 22 1/29/2012 12:39 AM
00116
Sent: Thu 12/15/11 9:29 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-15 03:55:07.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Opposition to Mtn, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Opposition to Mtn
Document Type: Non-Opposition
Reason(s) for rejection:
Each exhibit (with there cover page) needs to come over as a continuation. thanks - Mia
328-3148
From: eflex@washoecourts.us
Sent: Thu 12/15/11 9:29 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-15 03:58:20.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Opposition to Mtn, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Opposition to Mtn
Document Type: Opposition to Mtn
Reason(s) for rejection:
Each exhibit (with there cover page) needs to come over as a continuation. thanks - Mia
328-3148
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8 of 22 1/29/2012 12:39 AM
00117
From: eflex@washoecourts.us
Sent: Mon 12/19/11 2:12 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-16 22:24:24.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Opposition to Mtn, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Opposition to Mtn
Document Type: **Continuation
Document Type: **Continuation
Document Type: **Continuation
Document Type: **Continuation
Document Type: **Continuation
Reason(s) for rejection:
Mr. Coughlin, On Friday 12/16/11, the court made an exception for the filing of your
exhibit in CV11-01955. The court did not receive the CD by noon as indicated in your
CV11-01955 filing. It will be necessary for you to submit the appropriate paper filing in
the filing office that contains your CD. In addition, this filing is being rejected as it does
not comply with WDCR 10(9) - A docoument cannot contain multiple documents in one
filing unless pleaded in the alternative nor does your filing comply with WCDR 10(6) -
Exhibits must contain divider pagers - exhibit 4 does not have a cover sheet. If you have
any questions, please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Wed 12/21/11 1:12 PM
To: zachcoughlin@hotmail.com
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
9 of 22 1/29/2012 12:39 AM
00118
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-12-21 01:33:01.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Reason(s) for rejection:
Mr. Coughlin, your filing is being rejected as it does not comply with WCDR 10(9) - A
document cannot contain multiple documents in one filing unless the document is being
pled in the alternative. If you have any questions please call Lori at 328-3114
From: eflex@washoecourts.us
Sent: Mon 1/23/12 2:39 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-22 02:59:11.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Mtn to Set Aside Decree, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn to Set Aside Decree
Document Type: **Continuation
Reason(s) for rejection:
The document is being rejected due to the use of green font, as the font is not legible
upon reproduction of the filed document. Please resubmit document with a legible black
font. In addition, the Exhibit List Index displays on black background with green font.
Please resubmit the Exhibit List Index on white pleading paper with black font. Any
questions please call Lori at 328-3114.
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
10 of 22 1/29/2012 12:39 AM
00119
From: eflex@washoecourts.us
Sent: Mon 1/23/12 2:39 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-22 03:11:02.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Reason(s) for rejection:
The document is being rejected due to the use of green font, as the font is not legible
upon reproduction of the filed document. Please resubmit document with a legible black
font. In addition, the Proof of Service displays on black background with green font.
Please resubmit the Proof of Service on white pleading paper with black font. Any
questions please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Mon 1/23/12 2:39 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-22 03:52:57.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
11 of 22 1/29/2012 12:39 AM
00120
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Reason(s) for rejection:
The document is being rejected due to the use of an illegible black font . The font is not
legible upon reproduction of the filed document. Please resubmit document with a legible
black font. In addition, the Proof of Service displays on black background. Please resubmit
the Proof of Service on white pleading paper with black font. Any questions please call
Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Mon 1/23/12 2:59 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-22 03:52:57.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Reason(s) for rejection:
The document is being rejected due to the use of an illegible black font . The font is not
legible upon reproduction of the filed document. Please resubmit document with a legible
black font. In addition, the Proof of Service displays on black background. Please resubmit
the Proof of Service on white pleading paper with black font. Any questions please call
Lori at 328-3114.
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
12 of 22 1/29/2012 12:39 AM
00121
From: eflex@washoecourts.us
Sent: Tue 1/24/12 1:27 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-23 17:56:40.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Reason(s) for rejection:
Page 13 of the document is a declaration. The declaration needs to contain the original
signature of the declarant. The Proof of Service does not comply with WCDR 10(1) Lines of
pages must be numbered in the left margin or on legal pleading paper. Any questions,
please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Tue 1/24/12 1:27 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-23 17:59:48.0
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Mtn to Set Aside Decree, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
13 of 22 1/29/2012 12:39 AM
00122
Document Type: Mtn to Set Aside Decree
Document Type: **Continuation
Reason(s) for rejection:
Page 91 of the document is a declaration. The declaration needs to contain the original
signature of the declarant. The Proof of Service does not comply with WCDR 10(1) Lines of
pages must be numbered in the left margin or on legal pleading paper.
From: eflex@washoecourts.us
Sent: Tue 1/24/12 1:31 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-23 18:01:04.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Reason(s) for rejection:
Page 14 of the document is a declaration. The declaration needs to contain the original
signature of the declarant. The Proof of Service does not comply with WCDR 10(1) Lines of
pages must be numbered in the left margin or on legal pleading paper. Page 16 of the
document contains an Index of Exhibits; however, no exhibit was submitted with this filing.
Any questions, please call Lori at 328-3114
From: eflex@washoecourts.us
Sent: Tue 1/24/12 1:31 PM
To: zachcoughlin@hotmail.com
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
14 of 22 1/29/2012 12:39 AM
00123
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-23 18:04:23.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn to Set Aside Decree, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn to Set Aside Decree
Document Type: **Continuation
Reason(s) for rejection:
Page 83 of the document is a declaration. The declaration needs to contain the original
signature of the declarant. Page is 86 of the document is blank. Is the document submitted
for filing complete or are you missing a page? If not please remove the blank page 86.
Any questions, please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Tue 1/24/12 1:35 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-23 18:22:36.0
Subject: Your electronic filing, Re: CV09-00710 - Other Torts: Fraud/Misrepresentation - FM -
Request for Submission, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV09-00710
Case Type: Other Torts: Fraud/Misrepresentation - FM
Document Type: Request for Submission
Reason(s) for rejection:
The document does not comply with WCDR 10(1) Lines of pages must be numbered in the
left margin or on legal pleading paper. Any questions, please call Lori at 328-3114.
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
15 of 22 1/29/2012 12:39 AM
00124
From: eflex@washoecourts.us
Sent: Wed 1/25/12 11:47 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-25 05:21:58.0
Subject: Your electronic filing, Re: FV11-03779 - UIFSA Case (formerly URESA) - UF - Obj to
Master's Recommendation, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: FV11-03779
Case Type: UIFSA Case (formerly URESA) - UF
Document Type: Obj to Master's Recommendation
Document Type: **Continuation
Document Type: **Continuation
Reason(s) for rejection:
The document does not comply with WCDR 10. Social security numbers and any financial
account numbers must be redacted from any documents filed with the court. If a social
security or account number is needed for identification purposes, all but the last four
digits of that number must be redacted from the pleadings and documents. Exhibit 2 of
document contains social security numbers and financial account numbers. Please redact
before resubmitting. All exhibits must be separated by a divider page and clearly marked
with an exhibit number at the top and bottom of the page. In addition, page 2 of Exhibit 2
is not legible, page 245 of Exhibit 2 is scanned upside down and a number of the
documents within Exhibit 2 appear to have been scanned at an angle. Please correct your
filing and resubmit for approval. If you have questions, please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Wed 1/25/12 11:59 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-24 20:35:22.0
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
16 of 22 1/29/2012 12:39 AM
00125
Subject: Your electronic filing, Re: CV11-01896 - Employment Torts (Wrongful termination) - WT -
Mtn to Set Aside Decree, was rejected by Second Judicial District Court - State of Nevada.

Case Number: CV11-01896
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn to Set Aside Decree
Document Type: **Continuation
Reason(s) for rejection:
Document does not comply with WCDR 10. Lines of pages must be numbered in the left
margin or on legal pleading paper. If you have any questions, please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Wed 1/25/12 12:07 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-24 20:19:41.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Reason(s) for rejection:
Document does not comply with WCDR 10. Lines of pages must be numbered in the left
margin or on legal pleading paper. Exhibits must be separated by a divider page and
clearly marked with the exhibit number at the top and bottom of the page. If you have
any questions, please call Lori at 328-3114
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
17 of 22 1/29/2012 12:39 AM
00126
From: eflex@washoecourts.us
Sent: Wed 1/25/12 12:07 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-24 20:11:35.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Reason(s) for rejection:
Document does not comply with WCDR 10. Lines of pages must be numbered in the left
margin or on legal pleading paper. Exhibits must be separated by a divider page and
clearly marked with the exhibit number at the top and bottom of the page. If you have
any questions, please call Lori at 328-3114
From: eflex@washoecourts.us
Sent: Thu 1/26/12 9:11 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-26 06:03:39.0
Subject: Your electronic filing, Re: FV11-03779 - UIFSA Case (formerly URESA) - UF - Obj to
Master's Recommendation, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: FV11-03779
Case Type: UIFSA Case (formerly URESA) - UF
Document Type: Obj to Master's Recommendation
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
18 of 22 1/29/2012 12:39 AM
00127
Document Type: **Continuation
Document Type: **Continuation
Document Type: **Continuation
Reason(s) for rejection:
Document does not comply with WCDR 10. Social Security numbers and any financial
account numbers must be redacted from any documents filed with the court. If a social
security or account number is needed for identification purposes, all but the last four
digits of that number must be redacted from the pleadings and documents. Please refer to
page 17 of Exhibit 2. If you have any questions, please contact Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Thu 1/26/12 9:27 AM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-25 23:53:54.0
Subject: Your electronic filing, Re: DV10-00545 - Marriage Dissolution Case: Divorce - With
Children - DC - Opposition to Mtn, was rejected by Second Judicial District Court - State
of Nevada.

Case Number: DV10-00545
Case Type: Marriage Dissolution Case: Divorce - With Children - DC
Document Type: Opposition to Mtn
Reason(s) for rejection:
Document does not contain a Notice/Opposition form. If you have any questions, please
call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Thu 1/26/12 1:55 PM
To: zachcoughlin@hotmail.com
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
19 of 22 1/29/2012 12:39 AM
00128
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-26 00:50:41.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Document Type: **Continuation
Reason(s) for rejection:
Signature on documents must appear on the same document as the text. Lines of pages
must be numbered in the left margin or on legal pleading paper. Page 17 is not numbered
in the left margin. If you have any questions, please call Lori at 328-3114
From: eflex@washoecourts.us
Sent: Fri 1/27/12 4:23 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-27 00:56:53.0
Subject: Your electronic filing, Re: FV11-03779 - UIFSA Case (formerly URESA) - UF - Obj to
Master's Recommendation, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: FV11-03779
Case Type: UIFSA Case (formerly URESA) - UF
Document Type: Obj to Master's Recommendation
Document Type: **Continuation
Document Type: **Continuation
Document Type: **Continuation
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
20 of 22 1/29/2012 12:39 AM
00129
Reason(s) for rejection:
The case number on the pleading does not match the case caption. Please resubmit your
documents with the correct case number. If you have any questions, please call Lori at
328-3114.
From: eflex@washoecourts.us
Sent: Fri 1/27/12 4:39 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2012-01-26 23:46:37.0
Subject: Your electronic filing, Re: CV11-01955 - Employment Torts (Wrongful termination) - WT -
Mtn for Extension of Time, was rejected by Second Judicial District Court - State of
Nevada.

Case Number: CV11-01955
Case Type: Employment Torts (Wrongful termination) - WT
Document Type: Mtn for Extension of Time
Document Type: **Continuation
Document Type: **Continuation
Reason(s) for rejection:
Signature on document must appear on the same document as the text. If you have any
questions, please call Lori at 328-3114.
From: eflex@washoecourts.us
Sent: Fri 1/27/12 4:47 PM
To: zachcoughlin@hotmail.com
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
21 of 22 1/29/2012 12:39 AM
00130
Date: 2012-01-27 00:32:38.0
Subject: Your electronic filing, Re: DV10-00545 - Marriage Dissolution Case: Divorce - With
Children - DC - Opposition to Mtn, was rejected by Second Judicial District Court - State
of Nevada.

Case Number: DV10-00545
Case Type: Marriage Dissolution Case: Divorce - With Children - DC
Document Type: Opposition to Mtn
Reason(s) for rejection:
Document does not conform with WCDR 10 . The affirmation may be the last sentence
before the signature line on the document, stating that the document does not contain
the social security number of any person. If you have any questions, please contact Lori at
328-3114.
Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=7eb...
22 of 22 1/29/2012 12:39 AM
00131
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I M.HAZLE11-S1EVENS: !wasnot, YourHonor.
2 1HECO\K1: M.CoughIn, ddyouscrvcacopyotthaton
3 thcCty?
4 M.CO\GHL!N: \h,YourHonor-
1HECOLK1: Youcanhavcascat. Youdon`tnccdtostand.
6 1hat`saIrght,thanks.
7 MK.CO\GHL!N: !placcdoncn- !wcnttothcCtyAttomcy`s
& Occthcrcandthcrc`slkcamctaIdropbox. !tmghthavconIybccntor
9 ncsthough.
1HECO\K1: Okay, wcII,Ictmcdoths. !`mgongto- !
1I rcvcwcdthsndctaIandspcntsomctmcIastwcckgongovcrt.
12 Lctmcaddrcssthc- bccauscwc`rcmakngarccord,!wantto
Inshupthstcmotunnishcdbusncss.
I4 1hcMotontoContnuc,Mr. CoughIn, sthatamotonyou`rc
stlIdcsrousotpursungthsmomng?
16 M.COLGHL!N: Ycs, sr.
I 7 1HECO1: AIrght.
I & MK.CO\GHL!N: !wouIdn`tmnd.
I 9 1HECO\K1. AIrght,!undcrstandthat. LctmcmakcaIttlc
btotthcrccordhcrc,ntcrmsotthcbackgroundotthscasc, swhy!` m
21 makngarccord.
22 OnNovcmbcr I 3

',Z011,Mr.CoughInwasarrcstcdbythc
23 KcnoPoIccOcparmcntandchargcdwthonccountoftrcspassng.
24 OnNovcmbcr14'

,Z011,M.Coughlnwasarragncdand
pIcdnotguIty. 1raIwasthcnscttor Occcmbcr13

',Z0I I .
Pagc-5-
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OnNovcmbcrZ', Z , aMotontoContnucwasIIcdby
Z thcCqAttomcy,aHIImotonswhat!`IIcaIIt,bascdonanabscnt
J wtncss. bcIcvcuwasM.Hll,notrcIatcdtothcHIImoton.
4 M.HAZLE11-S1EVENS: 1hat`sthcorgnaImoton,ycs.
5 1HECO\K1: 1hatwasnotopposcdbyOcfcndant`scounsclat
6 thctmc. AndonNovcmbcrZ'", !cntcrcdanordcrcontnungthctraIthc
7 Irsttmc.
5 1hctraIwasthcnrcsctfor !anuary `", ZZ. On!anuaq`,
9 ZZ, aMotontoContnucwasIcdbyM.Pucntcs,yourattomcyatthc
l O tmc. 1hcCtyAttomcyddnotobjcct.
11 On!anuary1`", !-wcII,prortothat,bctorcthcruIngonthat
1Z moton,on!anuary `", M.Pucntcs lcdaMotontoWthdrawasyour
1J attomcy.
1+ OnlcbruaryZ, ZZ, schcduIcda(naudbIc)hcarngon
thcMotontoWthdraw. 1hcmotonwasgrantcd, andM.Loomswas
l 6 appontcd.
l 7 Onlcbruary `", ZZ, youIlcd,M.Coughln,aMotonto
15 Vacatc,aMotontor Kcconsdcratontor KccusaI.
I 9 On!cbruaryZZ`, ZZ, anOppostontothcMotonwasIcd
ZU bythcCtyAttomcy.
Z 1raI,thcn at thatpont,wasuItmatcIyrcscttor AprI !'",
ZZ ZZ. OnMarchJ`", Z Z, Mr. CoughIn,youIcdamotonactually
ZJ captoncd nthcOstrctCourt,buttmadctscIt- tddmakctsclt
Z+ appropratctoourIIc.
25 OnMarchZ`,youlcdanothcrMoton-thcCtyIcda
Pagc-6-
00133
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Motonto sukcyourmotonbascdonnoscrvcconthcCtyAttomcy.
On!anuaryZ`", Z Z, cntcrcdanordcr,numbcronc,
dcnyngyourmotonthatwasIlcdonlcbruary `", ZZ. OnMarchZ `,
ZZ, !cntcrcdasccondordcrdcnyngyourMotontoOsmssthatwas
IcdonMarch J`, ZZ.
AndthcnonAprI `", ZZ, !suspcndcdthcprocccdngs
bascdonacompctcncyssucthathadbccnrascdnthcOstrctCourt. And
thcnatthattmc,atyourrcgucst,M.Loomswasrclcvcdasyourattomcy.
OnAprIZO`", Z Z, nOstrctCourt,!udgcEIIot|toundyou
compctcnttostandtraI.
OnMay !V`", Z Z, !udgcEIIot|sgncdanOrdcrndngyou
compctcntandrcmandcdwhatcvcrcascwaspcndngnthc!ustccCourt
backtothc!ustccCourt,andthcn!rcscttral for !unc `", ZZ, today`s
datc.
OnMay1'", Z Z, !udgc Stcrrazzaassgncdthatcascnthc
!ustccCourttothcMcntaIHcalthCourt. OnMayZ+`", !udgcBrccn,thc
OstrctCourt!udgc,andthc!udgcrcsponsblctor thcadmnstraton- hm
and!udgcBIakc,oncofthctwo!udgcs,scntthccascbacktothcKcno
!ustccCourt.
1hcnon!uncJ', youIIcdthcmotonwc`rctalkngabout
now,ncIudngthcMotontoContnuc.
Sothscaschasbccnnowcontnucdtwcc. 1hcprocccdngs
havcbccnsuspcndcdoncc,aIInthcnormaIcourscandscopcotbusncss.
MotonsIcdbythcCty,motonsIcdbythcOctcndant.
lagc -7-
l 3
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24
25
I Whcn!conductcdmchcarngIasttmconMay'', wcwcrc
2 vcrycIcarthatabscntgct|ngthsmattcrrcsoIvcd,wcwcrc gongtoconduct
3 thctraItoday- today,on!unc ", atV: a.m. sctsomcIimtatonson
4 motons IIcdbythcpartcs. 1hoscmotonswcrcrcspcctcdand IcdtmcIy.
5 1crcsascrvccssuc|ha|wcdon`|nccd|oaddrcss|oday
6 bccausc-
7 M4 HAZLE11-S1EVENS. !`mhappytorcspondtowhatcvcr
& moton, but!wasnotscrvcdwtht.
9 1HECO\K1. !orthcrccord, Mr.HazIct|-Stcvcns,whatsthc
I O Cty`spostononthcMotontoContnuc?
11 M4 HAZLE11-S1EVENS: !udgc,thcCtyopposcsthcMoton
l 2 toContnuc. 1hscascsgcttngprcttyoIdnow. Wc`rcgcttng- /! s
thcottcnscdatc,and!thnkt`spropcrtoactuaIIyprocccdtotraItoday.
Wc`vcrcsctthsthngmany,manytmcs. You`rcrght,nthc
15 normaIcourscotthngs,thcrcwcrcappropratcrcasonstorcsctthsthng.
I6 1hcCqhastswtncsscsprcscnt,rcadytor traIthsmomng.
l 7 !thnkwcshouIdmovcon,andcIosc|hscascupwhatcvcrway tgocs.
l & 1HECO\K1: Okay,andM.CoughIn,brcI!y,wouIdyouIkc
I 9 torcspondtothcCty`soppostontoyourMotiontoContnuc? And!do
2O mcanbncJ
2 l M4 CO\GHL!N. Ycs,YourHonor.
22 1HECOK1: !`vcrcadaIIyourbrcts. !`vcrcadcvcqthng,
and!`vcrcvcwcdthclcatgrcatIcngth, soljustnccdtoknowwhatyou`d
IkctosayaboutthcMotontoContnuc.
8g0 -&-
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N4 CO\GHLN. !don`tknowtIcan(naudbIc)mcSxth
Amcndmcntrghttoaspccdy. Ycah,twouIdbcncctohavcaIttIcmorc
tmctoprcparc,buttJcandothat.
1HECO\K1. Okay, wcII,wc`vcbccngvcnaIotottmcto
prcparc. 1hcsccascsnccdtobchcardnatmclytashon. Agan,thctmc
dcIayhasbccnnthcnormaIbusncssotthscasc. 1hcMotontoContnuc
sdcncd. WcarcgongtohavcthctraItoday.
1hatIcavcsuswththcsccondssucrascd,yourMotonto
Osmss,Mr.Coughln.
EsscntaIIy,asrcadthcMoton,thcaIIcgatonprmarIys
thatthcCompIanttaIcdtocstablshprobabIccausc,thatthcrcwasa
wamnggvcnandthatbascdonthatrghtthatyoutccIthccascshouIdbc
dsmsscd.
!sthatsubstancccorrcct?
N CO\GHL!N: YourHonor,yousadthcrcwasnowamng
gvcn?
1HECO\K1. No,!`mrcadngyourIanguagctromyourlcgal
argumcntthatsays,A)thatpagctwoot yourMotontoOsmss,thatthc
ComplanttaIstocstabIshprobabIccauscbccauscittaiIstoallcgcthat
thcrcwassuccntwamngnottorcmanonthcpropcrtyahcrbcngtold
nottodoso,and/orthatCoughlnddnothavcarghttobcthcrc. 1hat`sthc
basstor thcMotontoOsmss?
M.CO\GHL!N. Ycs.
1HECOK1. N.HazIct|-Stcvcns?
l8gc --
25
M.HAZLL11-S1LYLNS: 1udgc,didnotrcccivcacopyo!
2

that. NoncthcIcss,!wllarguctoday.1hcCtyopposcsthcMotonto
3 Osmss,asyoumghtmagnc,andtor thsrcason, onMarch21 `, 2012,ths
4 CourtcntcrcdanOrdcrnrcgardtoaprorMotontoOsmssthcCrmnal
5 CompIantprcvousIy.
6 1hsssuchasaIrcadybccnhcardanddccdcdonbyYour
7 Honor. YouactuallyhtthcssuchcadononthcMarch12'
-
,20I 2March
& 21,20I 2,Ordcr.
9 YouwllrccaIlthatthcCqwasn`tscrvcdpropcrIywththat
l O onccthcr,andthcrcwasanssuc. !opposc- !movctostrkcthcMotonto
I I Osmssnthatcasc.
12 You sadnotwthstandngthcscrvcc ssuc,youwouldrcach
l 3 thc ssucontsmcrts,dcnymcMotiontoOismissonthcIackotthc
I 4 suHccncyotthcCrmnaIComplant.
I 5 Wc`vcaIrcadyhcardthsssuc. !t`salrcadybccndccdcdon,
16 and!don`tthnkt`srghttohavctwobtcsatthcsamcapplc,!udgc.
17 1HECOU1. AIrght,M.CoughIn,yourrcsponsctothat? !
ib mcan,!`vcgvcnyouacouplcotbrcaksbccauscnotwthstandngallcgatons
I 9 thatthcCtyAttomcywasn`tpropcrIyscrvcd,!stlladdrcsscdthcmcrtsot
2O thcMoton,gvngyouabrcaknthatrcgard, and!`mdongthc samcthng
21 todaygvcnthcaIIcgatonthc Cqwasn`tscrvcdwththsMoton. Whats
22 yourrcsponsctoMr.HazIctt-Stcvcns` argumcntthatthccascshouldnotbc
23 dsmsscd? Agan,wccanmakcthsbrctbccausc!`vcrcvcwcdndctaIalI
24 thcplcadngsyou`vclcdnthsCour|,boththsmomngandlast!rday,so
goahcad.
lagc -I O-
00134
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b.
M. CO\GHL!N. Ycs,sr,YourHonor. Mr.HazIct|-Stcvcnss
rccountngot yourOrdcrnrcsponsctomycarIcrMotontoOsmssdttcrs
somcwhathommyrccoIIccton,aIthougadmttcdIy, !wshcd!`drcvcwcd
thatOrdcraIttIcmorccIcarIy.
Buttsccmstomcthatyoupcrhapsddnotgcttothcmcrts,
orthattwasnot- sotaImostsccmsasthoughyousadN.Loomswas
myattomcyandt`s nappropratc tor mctounIatcraIIydccdc. !`mgong
toappontmyscItasco-counscI,andthcnprcscntaMotontoOsmss.
So,!don`tknowtthatsIawotthccasc,orsomcthngnthat
rcgard.
!dorccaIIrcadngyourOrdcr,andrcspccttuIIy,!` IIsayths,
!ustaIt|Icbt- !hadputsomctmcntothatMotontoOsmss,and
yourOrdcrsccmcdtoInd t somcwhattrvoIous.
1HECO\K1: Sowhcncvcr!cntcranOrdcr, aIIthcIawycrs
know. Whcncvcr!cntcrsomcthng,haItthcpartcsnvoIvcdarcn
dsagrccmcnt, orarcunhappyordscontcntcdwthmyOrdcr.
So,movngthatasdc- movngthatasdc,!`vccntcrcdthc
Ordcrs. 1hcbassotthcMoton- otmyordcrdcnyngthcMotonwasthat
uIackcdIcgaI mcrt. 1hat`sadccsonmadcbythcCour|whchs
obvousIy- !IvcwththctactthathaItthcpartcsarc ndsagrccmcntcvcry
tmc makcaruIng. 1hat` smccrosstobcaryouhavcasa!udgc. !`vc
gottcnuscdtothat.
1hcMotontoOsmssn ths casc s gongtobcdcncd
bccauscthss an aIIcgatonthatuItmatcIygocstothc uItmatcssucottact
nthscasc,andwIIrscandtaIIonthcproototthcCty,orthcIackotthc
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prooIonmcLity. WhcIhcrornotmcrcwassumcicnIwminginthiscasc,
whichisanclcmcntofthctrcspasscasc,wc'lldcalwithattrial.
So,thcMotiontoDismissagainisdcnicd. ThcMoIionto
Supprcss,whatisit,M.Coughlin,thatyou'rcdcsiringIosupprcss? Ircad
mat,andIcouldn`trcallygurcthatout. Ididn'tsccanycvidcnccthaIwas
scizcdillcgally. Inrcvicwingallyourmotions,wouldyoulikctoaddrcssthc
MotiontoSupprcssbricy?
M.COUGHLIN. Ycs,sir,YourHonor. Ibclicvc,dcpcndingupon
howonclooksatit,thismighthavcbccnaFour|hAmcndmcntviolaIion,or
scizurcofpcrsonmaybc,inthatcithcranythinginthcpoliccrcpor|,or
anything-IknowN.Hillwouldn'tncccssarilybcastatcactorinvoking
onco!IhcscconstiIuIionalconccms,buttothccxIcnIhc`ssomcwhatacting
inconccrtwiththcpolicc,orhc'sIhconcsigningthcCriminalComplaint.
I IatcnmtsIillhasalcgalrigttobcsomcwhcrc,Ihclandlord
docsnothavcalcgalrightIowalkin,andkickdownadoor,andinviIcthcir
somcpoliccoccrs.
THECOURT. Okay,whatisitthatwc'rcscckingtosupprcss?
IsitiIcmsoIcvidcnccthatyou'rcarguingthatwasillcgallyobtaincd,orwas
itstatcmcntsbyyouthatwcrcobtaincdinviolationofyourFihh
Amcndmcntprivilcgc,yourMirmdaissucs? BccauscI'mnotsccingany
cvidcnccinthiscascthatwc'rclookingtosupprcss.
M.COUGHLIN. ThccntircpoliccrcporI. Anyknowlcdgc
oImybcingIhcrc. AnytcsIimonythaIMr. HilIoranyothcrpcrcipicnt
witncsscsmighIwishIoproIIcr.
23 THECOURT. Okay,thatmoIionisgoingtobc -
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M.HAZLETT-STEVENS. 1udgc,lwouldlikctoputonthc
rccord-
THECOUT. Goahcad.
M. HAZLETT-STEVENS. -- myob|cctionbccauscl`dlikcto
makcanocrofprooffor thcob|cctionmcascofappcal.
I'lldrawYourHonor` sattcntiontothcOIuI8 0]^8Vudu V. Di//
Ncho/s. lt`saI 0casc. lt's I O6Ncv.65I , whcrcthcCourtsaid,"A
pcrsonwhoiscvictcdfromapropcrtynolongcrhasancxpcctationof
privacy." ThcrcisnoFourthAmcndmcntrightanymorcwhcnsomconcrc-
cntcrsapropcrtyacrcviction.
Itsays,"ThcStatccontcndsthatthcscarchrcspondcntno
longcrhadarcasonablccxpcctationofprivacyi nthcrcsidcnccaddrcss."
ThcStatcmaintainsthatrcspondcnt'ssubscqucntrc-cntrywasatrcspass.
It'svcry similartothiscasc,YourHonor,anddidnothingtorcstorcthc
rcasonablccxpcctationofprivacy. ThcCour|saidwcagrcc.
Thcrcisnocxpcctationof privacy. Ihardlycvcnthinkhchas
standingtobringthcissuc. Ccrtainly,thcrcisnoFour|hAmcndmcnt
violationhcrc,YourHonor.
THECOUT. I' mnotsccinganycvidcncc, andindccd,undcr

LnlI8dOIuI88 V. Lru, thcrcisnorcalsupprcssionofacriminaldcfcndantin


acriminalcasc.
So,thcMotiontoSupprcssisdcnicd.
ThctransfcrtoMcntalHcalthCourt,N. Coughlin,doyou
wanttoaddrcssthat? Ithinkwc'vcalrcadygoncdownthcroad- you'vc
alrcadybccndownthcroadwiththcMcntalHcalthCourtandthc1usticc
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Cour|. Isthatsomcthingthatwcshoulddiscusstodaybccauscyou`vcraiscd
itmyourprctrialmotion? 2
3 M. COUGHIN. Fcrhaps,YourHonor. I'vcat|cmptcdtoacccss
4 |usticcinthatrcgardwithrcspccttowhathappcncdinMcntalHcalthCour|.
Esscntially,youknow,youhavctwopmtics,andyouhavcanoffcr and
6 acccptancc,andthcycomctoanagccmcntontcrms,andthcycntcra
7 conuact,andthcnoncofthcmlatcrdccidcstounilatcrallychangcthc
conuact,usually,that'saducproccssproblcmoIsomcsor|oIcontractlaw.
9 THECOUT. Okay,howdocsthatrclatctothcMcntalHcalth
Court? Hcrc'swhcrcI'mgoingwiththis.
Wc,allalongatthclasthcaring,wcdiscusscdthcissucof I I
I 2 uansfcrtoMcntalHcalthCourt,whichnotwithstandingthcCityAttomcy's
I 3 positionatthattimc,I'mnotclcarwhatitwas,ultimatclywcdccidcdthat
I4 wasadccisionthatcouldbcmadcbythcCour|,andIwaswillingto
cntcrtainlookingintothat.
l 6 IhavcthcdiscrctiontotransfcrcascstoMcntalHcalthCourt,
I 7 transfcroriginal|urisdictionwiththcpcrmissionofthcDisuictCour|1udgc.
5 Hcaringnothingupuntiltoday,andmorcovcr,ndingthatinthcDistrict
l 9 Cour|cascnumbcrMI2-0032, 1udgcBrccn,onMay24
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transfcncdthc
1usticcCour|cascinvolving1udgcSfcrra aandyoursclfbacktothc1usticc
2 l Court,itwouldnotappcartobcinthcintcrcstofanybodyatthispointin
22 timctodclaythcprocccdingsmhcrbytransfcningthccasctothcMcntal
HcalthCour|.
You'vchadthatoppor|unitytogctovcrthcrconcc. Iwould
havcbccnvcryinclincdtotransfcrthiscasctothcMcntalHcalthCour|if
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l you wouId havc bccn acccptcd n dong wcII ovcr thcrc, but that ddn`t
2 happcn. So, thc Moton to 1ranstcr to McntaI HcaIth Court s a mattcr ot
J dscrcton tor ths Court, and t`s gong to bc dcncd.
4 lnaIIy, aIthough thc -
MK4 COLGHL!N. Your Honor, guckIy.
6 1H COLK1. Go ahcad.
7 M4 COLGHL!N: !t! couId just ntcrjcct. !t s my undcrstandng,
8 tor thc rccord, that l was acccptcd nto that progam, and thcn mcy changcd
9` thc tcnns ot t and dccdcd -
1H COLK1. Ycah, ! don`t know cxactIy what happcncd, Mr.
l I CoughIn. ! apprccatc that. !`m rcadng trom 1udgc Brccn` s Ordcr that
I 2 "1hc Octcndant bc rcmovcd om thc Mcntal HcaIth Frogam, and that you
I J bc rctumcd to thc Kcno 1ustcc Cour| tor aIl turc procccdngs.
l4 So, whatcvcr happcncd ovcr thcrc, whch I` m not prvy to, and
whch ! don`t thnk rca||y s rclatcd or rcIcvant to ths casc, wc`rc gong to
I 6 not dcIay thcsc procccdngs by scndng thc casc ovcr thcrc.
lnaIIy, that lcavcs thc ssuc otrccusal. You havc, whIc not
l 8 rascd n thc capton ot thc plcadng, t s dcntIcd n thc pIcadngs you
l 9 rascd, on pagc two, wc`vc addrcsscd ths ssuc bctorc n dctaI.
!`vc dcncd that Moton to Kccusc. 1hcrc`s nothng rascd that
2I cvcn (naudbIc) prcvcnts mc trom hcarng ths casc and bcng a tar,
22 dctachcd obscrvcr to thc tacts otIaw, so that wII bc dcncd.
2J M4 COLGHL!N: Your Honor, t! couId guckIy cntcr an objccton
24 tor thc rccord on that.
1H COLK1. Go ahcad.
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M. COLGHL!N: And just Io prctacc thaI by sayng cvcrybody
!`vc taIkcd to has ndcatcd you`rc an ouIsIandng 1udgc, Your Honor, and
compIctcIy tar, so thaI`s dcnIcIy gvcn mc a Iot ot conlidcncc n Ihc Court
n that rcgard.
But ! do bclcvc Ihcrc mght bc - ! don`t know tI`s ajudcaI
(naudbIc) or somcthng that says whcrc a 1udgc has IIgants bctorc hm
who havc a casc nvoIvng a tamIy mcmbcr ot thc 1udgc, n somc othcr
sphcrc. ! don`I know t that`s a mandato|] rccusaI, buI ! dd Ic a mandaIory
habcas acIon aganst your ssIcr, Ihc HonorabIc 1udgc Lnda Gardncr, n
IamIy Court n Z00. ! was lircd trom my job as a domcstc voIcncc
attomcy om Washoc Lcgal Scrvccs, and ! was told l was rcd bccausc ot
hcr - bccausc ot thc conduct by mc that rcsuIIcd n hcr ordcr onIy. !t`s Ihc
onIy rcason ! was rcd, accordng to Washoc Lcgal Scrvccs.
l dd liIc a Mandamus PcIIon. !I was prcIIy much a thrcc
judgc pancl, and thc Suprcmc Court tclt Hwasn`t worthy ot, ! gucss, morc
rcvcw or rcgurng a rcsponsc.
And thcn now Ihcrc s a gcvancc wIh Ihc Statc Bar. ! caII t
- noI to bc lIp, but ! caIl Hknd ot thc mmoIatc conccpIon grcvancc
bccausc nobody can IcII mc who Iilcd I, or how t bccamc a grcvancc.
But thaI ordcr trom Z00 sanctoncd mc rcgurng mc to pay
$I,000 attomcy` s tccs, NKS (naudbIc) .0B5. !n thc contcxI ot my bcng a
domcstc voIcncc IcgaI ad attomcy advocatng on bchaIt ot my cIcnt, a
battcrcd woman, Iqng Io gct hcr almony ncdcnt Io a Z0-ycar ma|1agc
wth two kds, whcrcn ! was ordcrcd to pay $I,000 out ot my pockct, that`s
now a gcvancc.
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!t`s upon ntonnaton and bcIct t bccamc a gcvancc wth thc
Statc Bar bccausc your sstcr, 1udgc Lnda Gardncr, gavc thc ordcr to you,
whcrcupon l bcIcvc you ndcatcd you gavc t to 1udgc Nash Holmcs,
whcrcupon 1udgc Nash HoImcs gavc t to bar counscl, along wth a numbcr
ot othcr matcrals that ! havc not bccn prvy to, cthcr n my attcmpts to
sccurc thcm trom thc Ing oHcc hcrc at thc Mun Cour|, or trom bar
counscI, M.Pauck Knncy.
!`vc madc numcrous attcmpts to gct thcsc rccordngs and thcsc
dlIcrcnt matcraIs. So, just to cntcr mat Ior thc rccord, Your Honor.
1HL COLK1: AIrght, thank you, M.CoughIn. And Ict mc
just tcII you ths. 1hat casc gocs back to thc IamIy Court, ! havc no rcaI
knowlcdgc, cxccpt ! havc rcad thc Ordcr. !t`s unrclatcd and rrcIcvant to ths
casc. ! havc not rcalIy dscusscd thc mcrts oI ths casc wth my sstcr who s
a 1udgc n thc lamIy Cour|.
1hcrc would bc no rcason to dscuss that casc, and cvcn tthat
wouId havc happcncd, wc havc not -thcrc` s rcaIIy no ncxus bcIwccn hcr
bcng a 1udgc and havng hcard a casc whcrc you`rc an aItomcy on, and my
bcng a Judgc somc thrcc ycars Iatcr on a casc whcrc you arc a Octcndant n.
So, thc Moton to Kccusc s dcncd. And ! thnk that dcntlcs
thc ssucs rascd n your Moton lIcd 1unc 5'
-
, 20I 2. !t looks Ikc now wc`rc
rcady to go to traI, s that corrcct, counscI?
M. HAZLL11 -S1LVLNS. 1hc Cty s rcady, Your Honor.
1HL COLK1: AIrght, Ict`s go ahcad and caII your lrst
wtncss, M.HazIctt-Stcvcns.
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stand.
ahcad.
M. HAZLL11-S1LVLNS: 1hc Cty calls Kchard HII to thc
M. COLGHLlN. And, Your Honor, l don`t know t l`m supposcd
to ntcqcct ths now, or not, but l bcIcvc l dd subpocna somc wtncsscs
who appcar (naudblc).
1HL COLK1. Kght, and wc`II addrcss that at thc appropratc
tmc. LItmatcIy, N.Coughln s a Iawycr. You know wc takc thcsc M.
HII, good momng.
M. HlLL: Good momng, sr.
1HL COLK1. Wc takc thcsc maI|crs stcp by stcp by stcp.
1hcrc`s no oIhcr way to do t, so wc`ll addrcss aII IcgaI ssucs as thcy show
up n thc duc coursc, and pursuant to protocoI at traI.
So, lct`s swcar n M.Hll.
(Wtncss duly swom).
1HL COLK1: Havc a scat, N Hll. Mr. HazIcII-Stcvcns, go
M. HAZLL11-S1LVLNS. 1hank you, Your Honor.
RLHAR HLL
caIIcd as a wtncss, havng bccn duIy swom,
tcstcd as toIIows.
OlKLC1 LXAMlNA 1ON
BY MK. HAZLL11-S1LVLNS.
' Good momng, can you pIcc statc your namc, and
spclI your Iast tor thc rccord?
l8gc -I8-
00136
1 1HL COUK1: You know, M.HazIctt-Stcvcns, and Mr. - Ict
2 mc makc onc Iast commcnt tor thc rccord.
J M. HAZLL11-S1LVLNS: FIcasc.
4 1HL COUK1. ! know IhaI Mr. CoughIn s an aItomcy.
5 NoncIhclcss, hc`s rcprcscnIng hmscl!
6 M.Coughln, lct mc tcII you what know about ths casc to
7 daIc. ! am Iookng aI a CrmnaI Complant Ihat aIIcgcs that on Novcmbcr
8 ", Z n thc Cq ot Kcno, at Z Kvcr Kock Strcct, Ihc Octcndant was
9 tound on thc propcrty ahcr bcng cvctcd on Novcmbcr Z .
l O 1hc onIy othcr ntormaton ! know about thc casc s that thc -
11 whaIcvcr was rascd n thc pIcadngs lcd, both by you and M.HazIcII-
l 2 Stcvcns.
lJ So, wIh that n mnd, go cad, M.HazIctt-Stcvcns.
I 4 MK. HAZLL11-S1LVLNS: 1hank you.
! BY M. HAZLL11-S1LVLNS:
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1hank you. Can you pIcasc statc your namc, and spcII
I 7 your IasI tor Ihc rccord?
I 8 A Kchard HII, H-!-L-L.
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Good, N. Hll, !`m gong to ask you -
2O MK. COUGHLlN: l`m sorq, l don`I mcan Io nIcrrupt you, Mr.
2l HazIcII-Stcvcns. !t! could jusI guckIy ntcrjcct, Your Honor, gvcn what
22 you just sad, to any cxtcnt, !`m rcgurcd Io broach Ihc topc ot any
2J dscussons you`vc had wth 1udgc Nash HoImcs wIh rcspcct to thcsc
24 maItcrs or -
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1HL COLK1: ! can tcII you that 1udgc Nash HoImcs and ! havc
not dscusscd ths casc wth anybody, wc havc not. 1hcrc has bccn no
dscussons bctwccn mc and thc 1udgc about your casc, thc trcspassng, sct
tor today.
M4 COLGHL!N. Or any othcr maI|crs rcIatcd to Kchard HII?
TCOLK1: Or any othcr maIIcrs. Wc`vc ncvcr dscusscd
any mattcrs rcIatcd to Kchard HII at aII.
M4 COLGHL!N. Okay, and whcn you sad you and your sstcr had
ncvcr dscusscd anythng about mc?
1HL COLK1: Not rcIatcd to ths casc.
M. COLGHL!N. ! bcIcvc carIcr you just sad you ncvcr
dscusscd anythng about mc at aII.
M4 HALL11-S1LVLNS: 1udgc, you`vc aIrcady rulcd on
ths. !` m gong to ask that you -
1HL COLK1: Wc havc ruIcd. Lct mc tcII you - Ict mc tcII you
what !`vc dscusscd. Wc havc dscusscd - ! havc not dscusscd wIh 1udgc
Nash HoImcs and ! aadvscd that bascd on somc stcps shc`s takcn, thcrc` s
bccn a mat|cr rctcrrcd to thc Statc Bar whch s undcr, I not - !`m awarc
that you havc bccn suspcndcd by thc Statc Bar, and that that`s subjcct to
rthcr rcvcw.
1o thc cxtcnt that 1udgc HoImcs has had a casc n hcr
dcpartmcnt, as has 1udgc Howard, and has mysclt, wc havc had dscussons,
gcncraI dscussons rcIatcd to thc Statc Bar mattcr.
As rclatcd to my convcrsatons wth cIhcr my sstcr, whch
havc bccn vcry Imtcd rcIatcd to you, and ccr|anIy nonc rcIatcd to your
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casc, cxccpt you had a casc ovcr hcrc, l`vc had no dscussons wth 1udgc
Howard, 1udgc HoImcs, Mr. HII, Mr. HazIctt-Stcvcns, or my sstcr
rcgardng ths trcspassng casc. And that`s by dcsg that was carcIIy
thought out so thcrc` s bccn no dscussons.
M+ COLGH!!N: And wth Ihc Statc Bar, ! know carlcr-
1HL COU1: ! havc had no convcrsatons wth thc Statc Bar.
M COLGHL!N: Okay, at our last hcarng though you madc a
statcmcnt, ! bcIcvc, thc dscplnary or thc Bar wll bc mcctng ncxt wcck to
mac a -
1HL COLK1: ! was advscd by 1udgc HoImcs that thc proccss
nvoIvng you and thc Statc Bar was n thc proccss whcrc thcy wcrc gong to
makc a dccson, whch uItmatcIy apparcntIy thcy dd. 1hosc wcrc thc
substanccs ot thosc convcrsatons, but nonc wcrc rcIatcd to ths casc, and !
can tcll you that nonc havc had any convcrsatons rcgardng thc wtncsscs n
ths casc that havc ncvcr comc up bctwccn any ot thc counscI. l` m not surc
thcy cvcn know who thc wtncsscs wcrc gutc hankIy.
M. COLGHL!N. Okay.
1H COLK1: Okay, thank you.
M+ COLGH!!N. 1hank you, Your Honor.
1HL COLK1: Okay, lcI`s go ahcad and procccd.
BY M. HALL11-S1LVLNS:
' 1hank you. M.HII, !`m gong to ask you to makc surc
you spcak up and not traI otI your answcrs at thc cnd. 1hs s bcng
rccordcd, so tor appcIIatc purposcs, or any othcr puqosc, !`d Ikc to gct a
good rccordng ot ths.
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1 M.HII, what`s your occupaton or protcsson?
2 A ! an attomcy practcng n Kcno, Ncvada.
J
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Okay, and what`s your arca ot tocus as an at|omcy hcrc
4 n Kcno?
A KcaI cstatc, cons0ucton, busncss Itgaton,
6 landlord/tcnant, cIdcr law.
7
'
Okay, as an attomcy, how Iong havc bccn Iccnscd, by
8 thc way, to practcc Iaw hcrc n Ncvada?
9 A JJ ycars.
'
As an attomcy, dd you havc any rcIaton to thc addrcss
!1 ot Z Rvcr Kock Strcct, that`s n Kcno, Ncvada, B5OJ?
l 2 A Ycs, sr.
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' How dd you gct assocatcd wth that pIacc?
I4 A !n August ot last ycar,l was contactcd by Or. Matthcw
McrIss. ! bcIcvc hc s a rcsdcnt ot Chco, CaItoma.
l 6 Hc cxplancd to mc that hc had a tcnant wth whom hc was
I 7 havng somc dHcuItcs, and hc`d had cnough, and hc wantcd us to cvct
I 8 hm.
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And dd you cntcr nto an agrccmcnt n ordcr to
cHcctuatc that?
2l A Ycs, sr, wc dd.
22
' And dd part ot that agrccmcnt cntaI you ntatng
2J cvcton procccdngs aganst thc occupcr ot Z Kvcr Kock Strcct?
24 A Ycs, sr, t dd.
'
!s Z Kvcr Kock n thc CIy oI Kcno?
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A Ycs,sir,itis.
'
AnddowcknowwhowaslivingatI 2I RivcrRockat
thcIimcyoustartcdthccvictionprocccdings?
A Wcll,Dr.McrlissidcnIicdthcindividualasN.
Coughlin,andinformcdmcthathcwasalawycr.
' Okay.
A AndthaIthcrchadbccnquitcabitofbackingandIor|h
- goingbackandIorIhbctwccnthcm,andhc'dhadcnough.
'
Andwaspar|oIthcbasisIor thaIcvictionIailurctopay
rcnt?
A ! wasinIormcdthatM.Coughlinhadnotpaidrcnt,at
thaIpoint, Iorsomc4or5months.
'
Okay.
A AndthatIhcrcwcrcproblcmsaIIhchousc. Thcrchad
bccnsomcdamagcobscrvcdandthaIN.Coughlinwasahoardcr,andas
wclatcrconIrmcd,hugcpilcsoIcarpms,tircs,dcadstcrcocquipmcnI,
dcadTV`s,outsidc.
AndthcnthaI'swhatwc(inaudiblc).
'
Now,soyoucnIcrcdintoanat|omcy/clicntrclationship
withMr.McrlissonoraboutAugusIoI2OI I , isthaIcorrccI?
A Ycs,sir.
'
AnddidyouacIuallyinitiatcthccvicIionprocccdings,
ordidyouhavcsomconcclscinyouro0ccdothat?
A l assigcdthattomyassociaIc,N.Bakcr.
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Okay,andwouldhchavcthcauthoritythcntoinitiatc
cvictionprocccdingsagainstthcoccupicroI Z RivcrRock?
A Absolutcly.
M.HAZLETT-STEVENS. 1udgc,that'sthconlyqucstionsI
havcIorMr.Hillatthistimc,subjccttorccall,oIcoursc.
THECOURT. Alright,Mr.Coughlin, cross-cxamination?
M.COUGHIN. Ycs,sir,YourHonor.
LHLbb-AAmDA1LD
Y mH. LL1LMD!
' Goodmoming,Mr. Hill. So,yourclicnt,howmany
Iccs- howmuchinIccs-whatamountoIIccsdocshcactuallyincur?
M.HAZLETT-STEVENS. Ob|cction,thatcxcccdsthcscopc
oIcross,ordircct,andit'sirrclcvant.
THECOURT. WatrclcvanccwouldM.Hill'sIcc
arrangcmcntwithhisclicnthavctoM.Hill'sdirccttcstimonytoday,M.
Coughlin? Whatisthcncxushcrcthatmakcsitrclcvant?
M. COUGHLIN: Ibclicvcitmaygotoamotivcanalysiswhcrcin
iIancxorbitantamountoIIccshasbccnuporincurrcd,ornccdstobc
prcscntcdas-
THECOURT: Jatmotionis-Mr. Hazlctt-Stcvcns'objcction
issustaincd. Idon'tfmdanyrclcvancctoN.Hills' Inancialarrangcmcnt
with hisclicnttothisucspassingcasc. Ican'timaginchowthatcouldbc
rclcvant.
So,lct'smovcon. I'mgoingtosustainthcob|cction.
l8gc -24-
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1 M. COUGHL|N. Oky, s|r, | bc||cvc on J|rcc|, ||omcy`s lccs
2 wcrc brough| ug nJ n rrngcmcn| ws -
J THL COUKT: I - you cn sk |l |hcrc ws rc|||onsh|g |h|
4 |nvo|vcJ Mr. H|| gc|||ng g|J, bu| I`m no| go|ng |o ||ow Jon`| m|nk |'s
rc|cvn| lor Mr. H||| |o go |n|o ny Jc|||s bou| sgcc|hc Jo||r moun|s, nJ
6 I`m no| go|ng |o ||ow |h| |ygc ol qucs||on|ng.
7 Go hcJ w||h ncw qucs||on.
8 M. COUGHLIN . Ycs, s|r, Your Honor.
9 BY MK. COUGHIN:
Q Mr. H|||, youjus| |cs||hcJ |h| |h|s c||cn|, Or. Mcr||ss,
1 con|c|cJ you |n Augus|7
12 A Th|`s wh| I |cs||cJ, s|r.
1J Q OlJII. Oky, nJ you |cs||hcJ |h| | |h| ||mc, ||
14 ws your unJcrs|nJ|ng |h| |hc |cnn| hJ l||cJ |o gy rcn| lor somc 4 or 5
mon|hs7
16 A Th| |s wh| I |cs||hcJ |o. I`m no| cxc||y gos|||vc s I
s|| hcrc |oJy how |ong gcr|oJ ol ||mc rcn| hJ no| bccn g|J, bu| | ws
18 subs|n|||.
19 Q So, |l you`rc no| cxc||y gos|||vc, why J|J you g|vc |h|
tigurc ol 4 or 5 mon|hs |n your cr||cr |cs||mony7
21 A My bcs| rcco||cc||on |oJy, s|r.
22 Q Oky, so |l || ws - |l |n Augus|, you sy rcn| hJn`|
2J bccn g|J lor, |c|`s sy 5 mon|hs, |h| wou|J bc Augus|, !u|y, 1unc, My,
24 Agr||. Wou|J |h| bc your unJcrs|nJ|ng ol wh| vc mon|hs |css Augus|
wou|J bc7
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A ! |h|nk your m|h |s corrcc|, sir.
Q Oky, nJ wh| rc you bs|ng |h| on7
A M|h7 Ol wh| you --
Q No, I mcn, JiJ your c||cn| c|| you ug anJ sy, "Wc||,
hc hsn`| giJ rcn| in vc mon|hs, or "Hc hsn`| giJ rcn| sincc Agri|, or
Jocs |h| jus| sounJ I|kc somc|h|ng |h| wou|J mkc mc sounJ ||kc bJ
gcrson (inuJib|c).
M HALLLTT-STLVLNS: Objcc||on, rgumcn||ivc.
Objcc|ion, rgumcn|||vc.
THL COKT: I |h|nk |hc qucs||on |h| cn bc skcJ, nJ |h|nk
you - lrmc H|s, you ask M. Hi||, nJ |hcn you bcgin |o go on w||h
comgounJ qucs|ion whc|hcr - wh| |nlorm||on J|J hc bsc h|s |cs||mony
|oJy |h| rcn| wasn`| giJ, wh| ws |hc sourcc ol |h| inlorm||on. AnJ I
|h|nk |h| qucs|ion, il you wan| |o sk ||, |s ||owb|c, bu| wc gc| in|o
comgounJ qucs||on nJ argumcn||ivc qucs||on, wh|ch I`m no| go|ng |o
||ow.
So, I`|| ||ow you |o sk |h| qucs||on anJ Jrcc| Mr. H||| |o
nswcr |h| qucs|ion |o |hc cx|cn| you wn| |o sk |h| qucs|ion, so go hcJ.
M= COUGHIN. Ycs, sir, Your Honor.
BY M.COGHIN.
Q M.H|||, |l you wou|J g|csc Jo |h|, I gucss, |o
simg|i[ |hc comgounJ qucs|ion.
Wh| s||cmcn|s or inlorm|ion |cJ you |o bc||cvc |h| rcn|
hJn`| bccn g|J lor !vc mon|hs s ol Augus|7
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A Iirs| ol ||, my convcrs|ions wi|h my c|icn| wcrc
grivi|cgcJ. | wi|| |c|| you |h| |hcrc wcrc Jiscussions |o |hc cUcc| |h| rcn|
hJ no| bccn giJ, nJ wc wcrc groviJcJ wi|h mny, mny cmi| s|rngs
bc|wccn you nJ Or. Mcr|iss |h| c|cr|y Jcmons|r|cJ |h| rcn| hJ no| bccn
giJ, nJ |h| you wcrc mnulc|uring rcsons |o jus|i[ no| gying rcn|.
' So, | JiJn`| hcr whcrc JiJ 4 or 5 mon|hs comc lrom,
|h| tigurc7 Why no| onc or |wo mon|hs7
M HA/LLTT-STLVLNS. !uJgc, hc`s |rcJy |cs|ihcJ |h|
|h|`s gro|cc|cJ by |hc ||omcy|c|icn| grivi|cgc.
M4 COGHL|N. AnJ | bc|icvc i| ws wivcJ |o |hc cx|cn| hc
u|i|icJ nJ |cvcrgcJ | cr|icr.
THL COKT. Wc||, why Jon`| you rclrin your gucs|ion nJ
rcsk |hc gucs|ion, Mr. Cough|in7 Go hcJ.
MK. COGHL|N: |`m no| surc | unJcrs|nJ |hc gis| ol -
1 COKT. Wc||, |`m going |o sus|in |hc objcc|ion, so why
Jon`| you rcghrsc |hc gucs|ion nJ sk Hgin, nJ wc` JJrcss |hc
nswcr nJ |hc rcsgonsc (inuJib|c), so go cJ.
BY M COGHL|N.
'
Oky, why JiJ you sy + or 5 mon|hs cr|icr7
A As | |o|J you, sir, |h|`s my bcs| rcco||cc|ion |oJy7
'
BscJ on wh|7
A BscJ on my bcs| rcco||cc|ion, M.Cough|in.
'
AnJ wou|J |h| - sgccihc||y, wh| Jocs |h|
rcco||cc|ion inc|uJc7 |s Hsomc|hing you hcrJ on |hc ghonc7 Ws i| in
wri|ing7 Somc|hing-
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I A I|`s coos|s|co| w||h |hc s|ory |h| you`vc |o|J
2
you.
subscquco||y bou| youog |Jy |k|og oll w||h - suggoscJ|y |k|og oll
J w||h rco| moocy.
4 ' Oky, bu| cr||cr you wcrco`| ||k|og bou| wh| I |o|J
5 You wcrc ||k|og bou| wh| your c||co| |o|J you, oJ how || ws
6 grivi|cgcJ, cxccg| Ior mc cx|co| |o wh|ch you (|ouJ|b|c) oJ |cvcrgcJ || by
7 sy|og 4 or moo|hs.
& So, oow you`rc bs|og your rcco||cc||oo ugoo somc|h|og7
9 You`rc sy|og I |o|J hcr - |s || wh| you s|J cr||cr, bou| how || ws bou|
1J s|J oJ Jooc subscquco||y.
I 4
' Oky, bu| cr||cr, you |cs||fcJ your rcco||cc||oo
1 s|cmmcJ hom wh| your c||co| hJ |o|J you. Co you |c|| mc wh| your
I 6 c||co| |o|J you7
l 7 A I |h|ok you --
l &
'
Wh| you rcmcmbcr bou| |h|!
I 9 A I`m sorry, s|r. I |h|ok your s||cmco| |s |ocorrcc|.
20
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Wc||, ||`s my uoJcrs|oJ|og |h| cr||cr you |cs||cJ
wh| your c||co| |o|J you7
A Mr. Cough||o, || I co Jo |s g|vc you my bcs|
rcco||cc||oo. Th| rcco||cc||oo hs bcco rc|olorccJ by |h|ogs |h| you hvc
2I |h| bscJ ugoo your rcco||cc||oos, rco| hJ oo| bcco g|J lor 4 or 5 moo|hs,
22 oJ |h| |hosc rcco||cc||oos wcrc bscJ ugoo your coovcrs||oos w||h your
23 c|co|.
THL COUT: ! bc||cvc |h|`s wh| M.H||| hs |cs||cJ |o, oJ
I |h|ok wc co cccg| |h| s lc|, so |c|`s movc oo.
Page-2&-
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1 BY M. COUGHL|N.
2
'
Oky, so now |`m sk|ng you sgcc|tc||y, ws |h|s
3 somc|hmg your c||cn| wro|c you7 O|J hc g|vc 4 or 5 mon|h tgurc7 O|J
4 hc ||k |o you bou| |h|s7 O|J hc mcn||on Agr||7
5 Why sy 4 or J mon|hs/ Why wsn`| | I or Z mon|hs/ How
6 J|J you comc ug w||h |h| tgurc7
7 M HALLLTT-STLVLNS: !uJgc, hc`s |rcJy |cs||tcJ |h|`s
8 h|s bcs| rcco||cc||on s |o wh| hc J|scusscJ w||h h|s c||cn|. Th|`s |hc |ssuc.
9 Th|`s |rcJy bccn subm|||cJ s lc|, !uJgc.
1O THL COUKT: I`m go|ng |o ovcrru|c |hc objcc||on. N. H|||, |o
11 |hc cx|cn| goss|b|c, why Jon`| you nswcr |hc qucs||on. Wh| ws |hc bs|s
12 |h| |hc 4 |o 5 mon|hs cmc |n|o g|y w||hou| comgrom|s|ng your
13 ||omcy|c||cn| rc|||onsh|gs7 !us| g|vc mc your bcs| nswcr |o |h|.
\4 N. H|LL: My bcs| rcco||cc||on |s bc|wccn wh| |hc c||cn|
15 |o|J mc, nJ |hc cm|| s|r|ngs |h| hc lorwrJcJ |o mc, |h| || hJ bccn Agr||
16 or My ws |hc |s| ||mc |h| ny rcn| hJ bccn g|J.
17 AnJ smcc |h| ||mc, |hcrc ws |o|s ol ob|usc sc|h|ng s |o
18 why |hc rcn| shou|Jn`| bc g|J.
!9 THL COUKT. Oky, |hnk you, N. H|||. Oky, M.Coug||n.
2O BY M COUGHL|N:
21
'
So cr||cr your |cs||mony ws |h| || hJ bccn 4 or 5
22 mon|hs s|ncc ny rcn| hJ bccn g|J7

23 A ! bc||cvc |h|`s wh| ! s|J, s|r.
'
Oky, bu| |l - now you jus| s|J || ws c||hcr Agr|| or
My ws |hc |s| ||mc.
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I A 1h| ||mc mc.
2
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^ny rcn| hJ bccn p|J. So, 1 pr||| rcn| hJ bccn
J p|J |n My, bu| your cr||cr s||cmcn| ws |h| s|ncc 'ny, |hcn |h| wou|J
4 |kc || Jown |o morc ||kc |wo mon|hs, wou|Jn`| ||7
M. HALLL11-S1LVLNS. !uJgc, I`m go|ng |o objcc| |o |h|s.
6 1h|s |s rc|ry|ng csc |h|`s |rcJy bccn |r|cJ.
7 1h|s |s s|mp|c m||cr ol |rcspss. A|| hc |cs||hcJ |o ws h|s
8 bcs| rcco||cc||on s |o how much, or |hc bs|s lor |hc cv|c||on. Hc hJ
9 u|hor||y | |h| po|n|. 1h|`s || |h| ws lor. I|`s no| |hc |ru|h ol |hc m||cr
sscr|cJ, |hc |rcspss, nJ I'J ||kc |o movc on, otI |h| qucs||on|ng, !uJgc.
I1 1HL COUK1. N.Cough||n7
I2 M. COUGHLIN. Your Honor, I`m no| ollcr|ng || lor |hc |ru|h ol
I3 |hc m||cr sscr|cJ. I| gocs |o h|s crcJ|b||||y nJ N. H|||- wh| I bc||cvc |hc
14 cs|b||shcJ prc||cc ol sp|on|ng |h|ngs, ||kc pcrhps gooJ ||omcy shou|J,
bu| sp|on|ng |hcm nonc|hc|css.
I6 1HL COUK1: I`m go|ng |o sus||n |hc objcc||on. 1hc Cour|
17 hs rccc|vcJ |nlorm||on, rc|cvn| |nlorm||on, |h| N. H||| hs
18 gucss||m|cJ nJ g|vcn h|s bcs| cs||m|c |h| rcn| hJ no| bccn p|J lor + or
I9 5 mon|hs, nJ || hJ comc lrom |nlorm||on prov|JcJ by h|s c||cn| lrom you,
nJ wc cn movc on |o |hc ncx| qucs||on. Go hcJ.
21 BY M. COUGHLIN.
22
' Oky, nJ you s|J |h| ny rcn| hJ bccn p|J bclorc7
M. HALL11-S1LVLNS: !uJgc, objcc||on. Hc`s |rcJy
24 |cs||tcJ |o |h|s, oJ |h|s |s |hc smc ||nc ol qucs||on|ng.
l8gc -JO-
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THL COUKT: I`m no| surc ||`s rc||y rc|cvn|. Il you wn| |o
sk qucs||on |o lo||ow ug on |h|, M.Cough||n, go hcJ. Mkc your
qucs||on sgccihc nJ Jircc|. M. H|||, Jo your bcs| |o nswcr |h| qucs||on.
Go hcJ, M.Cough|in.
BY M+ COGHIN.
'
Mr. H|||, Jo you hvc ny rcco||cc||on ol whc|hcr, sy,
gr||| rcn| hJ bccn g|J lor My7
A Mr. Cough||n, || rc||y J|Jn`| m||cr. Kcn| ws morc
mn Jo||r, nJ morc |hn Jy ||c.
Mo COGHLIN: Objcc|ion, Your Honor.
THL COUKT: You`vc skcJ |hc qucs|ion. You`vc skcJ |hc
qucs|ion, nJ you rc now going |o bc s|uck w||h |hc nswcr. Go hcJ, Mr.
Hi||.
THL W|TNLSS: N. Coug||n, || J|Jn`| m||cr. Thc rcn| ws
morc |hn Jo||r, nJ morc |hn Jy ||c. Th| is sumc|cn| unJcr
NcvJ |w |o movc |o |crmin|c |hc |cnncy.
In JJ|||on, you wcrc mon|h|omon|h |cnn| | |h| go|n| |n
||mc.
M. COUGHL|N: Objcc|ion, Your Honor. Hc`s ollcr|ng Icg|
oginion, which I Jon`| bc||cvc hc`s qu||hcJ |o mkc, nor hvc I skcJ h|m
|o mkc ||.
TH COUKT: You skcJ |hc qucs||on. I hcr |hc qucs||on. I`m
no| surc whc|hcr or no| you wcrc mon|h-|o-mon|h |cnn|. Thcrc`s rc||y, |l
ny, |cg| mcr|| |o Ihc |rcsgss|ng csc.
l8gc -JI-
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I wan| |o s|ay locuscJ, Mr. Cough||n, w||h somc qucs||ons |ha|
2 you`rc qucsI|on|ng oo cross-cxam|na||on obv|ous|y can bc J|rcc||y rc|a|cJ
3 |o |hc |nlorma||on, anJ I g|vc w||ncsscs anJ |hc |awycrs anJ |hc ||||gan|s a
4 gca| Jca| ol |ccway on cross-cxam|na||on.
Lc|`s kccg || rc|cv| nJ locuscJ on wha| wc`rc |a|k|ng abou|
6 hcrc, so go ahcaJ.
7 MK. COUGHLIN. Okay, ycs, s|r, Your Honor.
8 BY M. COUGHLIN.
9
' You sa|J |n your |cs||mony on J|rcc|, Mr. H|||, |ha| |hc
c||cn| haJ |o|J you |ha| |hc |cnan| was a hoarJcr |n Augus| whcn hc h|rcJ
11 you7
12 A I bc||cvc |ha| |og|c was J|scusscJ.
'
Can you grov|Jc somc morc backgrounJ on |ha|7
14 Whcn |ha| m|gh| havc bccn J|scusscJ anJ somc sgcc|tcs Jc|a|||ng why |ha|
J|agnos|s was grotIcrcJ7
16 A Mr. Cough||n, I`vc a|rcaJy |o|J you. I`vc a|rcaJy
17 answcrcJ |hc qucs||on.
18 M. COGHLIN: Objcc||on, Your Honor. Non-rcsgons|vc.
19 THL COUKT. M.H|||, M.Cough||n has askcJ you a qucs||on.
I`m go|ng |o J|rcc| you - hc`s askcJ |hc qucs||on. I|`s a la|r qucs||on on
21 cross-cxam on wha| |nlorma||on you`vc rccc|vcJ |o |hc conc|us|on |ha| hc
22 was a hoarJcr (|nauJ|b|c) answcr |ha| qucs||on.
23 THL WITNLSS: Thc |nlorma||on grov|JcJ |o mc a| ma| ||mc was
24 |ha| Mr. Cough||n was a hoarJcr.
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| subscqucn||y con!irmcJ |h| w||h v|su| obscrv||on hcr hc
ws cv|c|cJ. Thc bckyrJ, |hc s|c ol |hc rc |h| your s|ll nJ | rc
occugy|ng (|nuJib|c - bo|h ||king).
M COUGHL|N: Your Honor, objcc||on. Non-rcsgons|vc. |
kcJ you wh| h|s c||cn| |o|J h|m | |h| ||mc, no| wh| hc lounJ ou| ||cr
on.
THL COUT: Hc`s now -M.Cough||n, hc`s now - you`vc
skcJ |hc qucs||on. |`vc skcJ M. H||| |o nswcr ||, now hc`s nswcrcJ ||.
So, go hcJ, M. H|||.
THL W|TNLSS. || ws s|x loo| lcncc.
M COUGH|N: Hc`s no| nswcr|ng ||, Your Honor.
THL COUKT: M.Cough||n, |`vc skcJ hm |o nswcr |hc
qucs||on. Lc| h|m !in|sh. You skcJ |hc qucs||on.
MCOUGHL|N: Ycs, s|r.
TH COUKT: Thnk you. Go hcJ, Mr. H|||.
THL W|TNLSS: Thcrc |s s|x loo| lcncc rounJ |hc bckyrJ,
|hc s|c |h| |`vc |rcJy |nJ|c|cJ |o |hc Cour|.
H ws || |o |hc |og ol |hc lcncc w||h ||rcs, cr gr|s, JcJ
s|crco cqu|gmcn|, JcJ sgckcrs, JcJ b|g scrccn TV`s.
M COUGHL|N. Objcc||on, Your Honor, | skcJ bou| Augus|.
THL W|TNLSS: Trsh.
THL COUKT: Mr. Cough||n, you`vc skcJ |hc qucs||on, hc`s
nswcr|ng ||. Th|`s |hc cxc| qucs||on you skcJ |s wh| |nlorm||on hc
hJ |o comc |o |hc conc|us|on |h| you wcrc horJcr, wh|ch !`m no| surc
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how rclcvn| || |s |o |h|s csc |o s|r| w||h, bu| go hcJ nJ hn|sh - |h|
sums || up.
1HWI1LSS. 1h| complc|cs my nswcr.
1HL COUK1. Oky, |hcrc`s n nswcr |o |hc gucs||on.
M COUGHL|N. I gcc, Your Honor. I Jon`| |h|nk ||`s || |h|
rclcvn|, bu| |h|`s wh| K|chrJ H||| Jocs. Hc |hrows up bunch ol
|nnucnJo -
M HALLL11-S1LVLNS. 1uJgc, objcc||on. Il ||`s no|
rc|cvn|, lc|`s movc oll |h| ||nc ol gucs||on|ng.
1HL COUK1. M.Cough|n, |c|`s s|y locuscJ. You skcJ
gucs||on. Hc`s nswcrcJ ||. Lc|`s movc on |o our ncx| gucs||on.
M COUGHIN. Hc ||ks bou| IinJ|ng crck p|pcs nJ -
M HALLL11-S1LVLNS. Objcc||on, objcc||on.
(InuJ|b|c - || ||k|ng | oncc).
1HL COUK1. Mr. Cough||n, |c|`s s|y locuscJ. Ask h|m |hc
ncx| gucs||on. Go hcJ nJ sk |hc ncx| gucs||on.
BY M COUGHLIN.
Q So, bccusc - wh| J|J - |n Augus|, Mr. H|ll, now |ry,
|ry |o kccp your nswcr |||orcJ |o wh| I`m sk|ng you, M.H|||. F|csc
Jon`| |ry |o go oll on onc ol your |ngcn|s.
1HL COUK1. Mr. Cough||n, |c| mc |c|| you somc|h|ng r|gh|
now. I`m g|v|ng you grc| Jc| ol |ccwy. I Jon`| wn| you cngg|ng w||h
|hc w||ncsscs |n ny |ypc ol convcrs||on ny morc |hn I`m ||ow|ng M.
Hz|c||-S|cvcns.
l8gc -J4-
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You hvc r|gh| |o sk qucs||ons on cross-cxm|n||on. Go
cJ nJ sk |hosc qucs||ons. To |hc cx|cn| |hcy rc rc|cvn|, I`II mkc
ru||ngs, bu| |c|`s sk h|m qucs||on now. | Jon`| wn| you cngg|ng w||h
ny w||ncss |n ny |ygc ol qucs||on|ng, ny |ygc ol rgumcn|||vc J||r|bc.
So, go hcJ.
M4 COUGHLIN. Ycs, s|r, Your Honor.
BY MR.COUGHLIN.
Q M. H|||, |l somconc hJ 11Forschcs, wou|J |hcy bc
Forschc horJcr?
M4 HALLLTT-STLVLNS. !uJgc, objcc||on. Thcrc |s no bs|s
lor |h| qucs||on. ||`s |rrc|cvn| |o |h|s grocccJ|ng, nJ ||`s sgccu|||vc.
TH COUKT. Th| objcc||on |s sus||ncJ. I|`s |rrc|cvn|.
MR. COUGHLIN. | Jon`| - |hc subjcc| ol horJ|ng go| |n|roJuccJ
somchow on J|rcc|.
TH COUKT: I|`s |rrc|cvn|. M. H||| ws skcJ qucs||on.
You`vc grogcr|y nswcrcJ, bu| h|s bs|s ws |o comc |o |h| conc|us|on, nJ
now I |h|nk qucs||on rcgrJ|ng somconc`s u|omob||cs nJ horJ|ng |s
|rrc|cvn| |o wh| wc`rc ||k|ng bou| |oJy, so go hcJ nJ movc on.
M4 COUGHL|N. Ycs, s|r, Your Honor.
BY MR.COUGHL|N:
Q So, sgcc|hc||y |hough, jus| s ol Augus|, s you
|cs||hcJ cr||cr, wh| hJ your c||cn| or nyonc |o|J you |h| |cJ you |o
bc||cvc, s you |cs||hcJ unJcr o|h cr||cr, |h| s ol Augus| you hJ
J|scuss|ons bou| goss|b|c horJ|ng J|gnos|s.
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1 M. HALLLTT-STLVLNS. 1uJgc, I`m s|||| go|ng |o objcc|.
2 I|`s |rrc|cvn| | |h|s po|n|.
J THL CO!KT: Go hcJ, I`m go|ng |o ovcrru|c |h| objcc||on.
4 M.H||| cn nswcr |h| ||m||cJ qucs||on. As ot Augus|, wh| |ntorm||on
J|J you hvc, Mr. H|||7 I |h|nx you cn nswcr |h|. Mybc you cn.
THL WITNLSS: I`|| |ry, s|r.
7 TH COUKT. Oky.
8 THL WITNLSS. Th| ws gcncr||y pr| ot |hc ss|gnmcn| |h|
9 ws pr| ot |hc bckgrounJ |ntorm||on |h| |hc c||cn| hJ g|vcn mc |o |ry |o
|ntorm mc s |o wh| hc hJ bccn Jc||ng w||h.
I 1 BY M. COUGHLIN.
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AnJ wh| - so your c||cn|, hc ||cs|cJ |o hv|ng somc
pcrc|p|cn| rcco||cc||on ot |hc |ntorm||on |h| |cJ h|m |o |h| J|gnos|s7
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M. HALLLTT-STLVLNS: 1uJgc, now wc`rc gc|||ng |n|o
hcrsy, spccu|||on, nJ || sor|s ot objcc||on m|cr||.
THL COUKT. Mr. Cough||n7
M. COUGHLIN. I ottcr || tor |hc |ru|h ot |hc m||cr sscr|cJ.
THL CO!KT: How |s H rc|cvn|7
MK. COUGHLIN. Wc||, || gocs |o Mr. H|||`s -
THL CO!KT. Lc| mc jus| - wc`rc gc|||ng ott on n |ssuc
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rcgrJ|ng horJ|ng. I| hs comc up on J|rcc|. I| hs bccn cxp|orcJ on cross,
nJ |hc Cour|, qu||c nk|y, lmJs ny mr|hcr rctcrcnccs |o horJ|ng
mrg|n||y, |t no| |o|||y |rrc|cvn|, |o |h|s csc.
M. COUGHLIN: I gcc, Your Honor. Bu| yc| on J|rcc| -
THL CO!KT: Lc|`s movc on.
l8gc -J-
I 5
l N COUGHL|N. Wc hJ 4 or 5 months. Wc hJ horJ|ng. Wc
2 hJ || th|s grcjuJ|c|| |ntormt|on, nJ now |ht | scck to rcbut |t nJ show
3 N. H|||`s grct|cc, nJ wht hc Jocs, ||`s |rrcIcvnt.
4 J COUKT: Oky, ncxt gucst|on, Mr. Cough||n.
5 BY N COUGHL|N:
6 Q Mr. H|||, rc you b||||ng your c||cnt lor bc|ng hcrc
1 toJy7
& N HALLLTT-STLVLNS: !uJgc, objcct|on. |t`s |rrc|cvn|.
9 THL COUKT: Mr. Cough||n, how |s tht rc|cvn|? How |s |t
1O rc|cvn| to thc trcsgss|ng csc, wh|ch |s thc ncxus7
l l N COUGH|N: |t sccms |nt|m|c|y |n|cr|w|ncJ.
l 2 TH COUKT: Oky, go hcJ nJ nswcr thc gucst|on, N.
I3 H|||.

I 4 THL W|11LSS: No.


THL COUKT. Thnk you, thcrc`s |hc nswcr.
l 6 THL W|11LSS. | 0not chrg|ng Or. Mcr||ss tor my t|mc hcrc
I 1 |oJy.
l & THL COUKT: Thnk you, oky.
I 9 N COUGHL|N: Ycs, s|r, Your Honor.
2O BY N COUGHL|N:
2I Q O|J you cvcr hvc ny convcrs||on w|th your c||cnt
22 bout whcthcr th|s ws commcrc|| tcnnt |ht hc ws scck|ng to cv|ct7
23 A | Jon`| rcc|| |ht convcrst|on.
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Arc you awarc ol whc|hcr or no| |hcrc |s an cxgrcss
2 groh|b|||on aga|ns| us|ng (|nauJ|b|c) cv|c||on grocccJ|ngs aga|ns|
3 commcrc|a| |cnan|s whcrc |hc non-gaymcn| oI rcn| |s no| a||cgcJ or no||ccJ?
4 M.HALLLTT-STLVLNS. !uJgc, |`m go|ng |o objcc| as |ha|
ca||s lor a |cga| conc|us|on lor |h|s w||ncss.
6 THL COUKT: Wc||, | Jon`| know how ||`s rc|cvan| |s wha| |`m
7 - I unJcrs|anJ wha| you`rc say|ng, M. Haz|c||-S|cvcns.
& How |s |hc |ssuc ol whc|hcr somconc |s a commcrc|a| c||cn|,
9 or a commcrc|a| |cnan| ra|hcr, rc|cvan| |o |h|s casc, M.Cough||n?
MK. COUGHL|N. Wc||, Your Honor, | |h|nk ||`s goss|b|c |ha| cvcn
I l |l |hc C||y wcrc ab|c |o cs|ab||sh |ha| |hc cv|c||on orJcr was aggrogr|a|c|y
l 2 scrvcJ, wh|ch | Jo no| bc||cvc |hcy w||| bc ab|c |o Jo, |ha| nonc|hc|css, |ha|
OrJcr w||| bc vo|J anJ |ha| !uJgc SIcrraza J|J no| havc a jur|sJ|c||ona|
4 basis Ior rcnJcr|ng || anJ |ha| mcrc |s an cxgrcss groh|b|||on aga|ns| us|ng
(|nauJ|b|c) cv|c||on grocccJ|ngs |o cv|c| commcrc|a| |cnan|s.
I 6 Whcrc, as hcrc, |n |hc non-gaymcn| oI rcn|, was no| a||cgcJ.
17 Ocsg||c wha| M.H||| m|gh| bc say|ng hcrc, whcn || camc ||mc |o gu| || on
l & gagcr anJ lacc Ku|c I I , anJ gu| || |o |hc Cour|, Mr. H||| anJ M.Bakcr
l9 JJn`| wan| | o Jo |ha|. 1hcy jus| sa|J no -
THL COUKT. Okay, you arc |os|ng mc whcn you bcg|n |o
2I ramb|c on, N. Cough||n.
22 Sgcc|ca||y, my qucs||on was how |s |hc qucs||on as |o
23 whc|hcr or no| you arc a commcrc|a| |cnan| rc|cvan|? AnJ |hc morc you
24 wa on, thc morc | gc| - |`m no| an cxgcr| in |anJ|orJ anJ |cnan|, anJ
. bcg|n |o gc| Jc|achcJ om |hc |ssuc hcrc.
l8gc -3&-
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M4 COUCHLIN. Iundcrstand,YourHonor. That'swhat'sso
2 intcrcstingaboutthiscasc,YourHonor.
3 THECOURT. I|ustwantyoutotcllmchowit'srclcvant.
4 M. COUCHLIN. Iam,YourHonor.
THECO!?T. Mr.Coughlin,!|ustwantyoutotcllmchowit's
6 rclcvant.
7 M4 COUCHLIN. Iwill. Thisisacivilcvictionthatmcctscriminal
& ucspassncxushcrc. It'srclcvantinthatiIthccivilcvictionordcrlacksa
9 basis,a|urisdictionalbasis,Iorittobcordcrcd,itiswhat,undcr6O(b),void.
ThcrcIorc,tothccxtcntthcCityi stryingtosayawamingdidcxisti nthata
l l noticcwaspostcdoritwaspcrsonallyscrvcd. IIit'svoid,that'salcgal
l 2 impossibility.
l 3 THECOURT. Okay,I' mgoingtoallowyoutoaskacouplcoI
qucstionsaboutyourstatusasacommcrcialtcnantorarcsidcntialtcnant
(inaudiblc)omN. Hill,andMr.HiII,doyourbcstIoanswcrIhosc
l 6 qucstions.
l 1 I'mtryingtogivcM.CoughlinagrcatdcaloIlccwayhcrcon
l & cross-cxamination,inthcspiritoIgcttingallthccvidcnccIorthcCourt.
l 9 So,goahcad,Mr.Coughlin.
BYMo COUCHL!N.
2l
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YousaidyouspokcwithyourclicntinAugustandwcrc
22 awarcthatthctcnantwasanattomcy?
23 A Ycs.
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Didyouhavcanydiscussionastowhcthcrornotthc
lcascallowcdIorthctcnanttobcpracticinglawatthatlocation?
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A Thcrcsidcntiallcascdidnotprohibitit. Wcdidcomc
2 toundcrstandthatyoudidn'thavcabusincssliccnsc,sowcdidn'tIcclthat
3 youwcrclawllyconductingabusincssinprcmiscs.
4 HavingrcvicwcdvirtuallycvcingthatyouhavcIlcdin
thatcasc,M.Coughlin, it'smyundcrstanding-
6 MP COUCHLIN. I' mgoingtoaskyounottogoonhcrc.
7 THEWITNESS. Thatyoudidnotraisc-
& M.COUCHLIN. 1ustanswcrmyqucstion,sir.
9 M HALETT-STEVENS. Iwouldlikchimtoanswcr- I
wouldlikchimto- 1udgc. Iwouldlikcthcattomcynottointcrruptthc
l I answcrtothcqucstion.
I2 THECOURT. N. Coughlin,youaskthcscqucstionsoIa
I 3 witncsswhcrcthcyarcopcncdcndcdqucstions. Thcyarcnot-
I4 M. COUCHLIN. !t'snotablankchcck.
THECOURT. Listcn,listcn. Whcnyoumcaskingopcncndcd
I 6 qucstions,andyouarcnotutilizinglcadingqucstionsoncross-cxamination,
l 7 thcwitncssiscntitlcdtoanswcrthoscqucstions,andyou'rcgoingtobc
l & stuckwiththcanswcr,andIthinkyouundcrstandthat.
l 9 So,Mr.Hill,goahcadandbricynishupwhatyouwcrc
saying.
2I THEWITNESS. Thankyou,sir.
22 Mr.Coughlin,youraiscd-youdidnotasscrtthatargumcntin
23 thc1usticcCourt.YouhavcappcalcdthccasctothcDistrictCourt,andmc
24 appcalhasbccndccidcdadvcrsclytoyou.
Thatcascisovcr,you'rcbound. It'sdonc.
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THECOURT. Okay, thankyou,M.Hill. M.Coughlin,ncxt
qucstion.
MR.COUCHLIN. Ycs,sir,YourHonor. Iapprcciatcthcpointof
cxpcrtisconaskinglcadingqucstionsoncross. ThatwassomcthingIwas
notintcndingtodo.
BYM.COUCHLIN.
Q M.Hill,you|usttcsticdthatinAugust,yourclicnt
andyouhadadiscussionastowhcthcrornotthclcascallowcdIor a
commcrcalusc,isthatcorrcct?
A Mr.Coughlin,Irccallcxaminingthcdocumcntalmost
mmcdiatcly. WhcthcrIhadadiscussionornotwithmyclicntornot,I
don'trccall.
Q Ithoughtyoujusttcsticdthatyoudid,andyoutwo
|usttalkcdabouthowIdidn'thavcabusincssliccnsc. Wasthatnottruc?
A No,sir. No,sir. WhatIsaidwasthathc inIormcdmc
thatyouwcrcanattomcy. Atasubscqucnttimc,wccontactcdthcCityand
asccrtaincdthatyoudidnothavcabusincssliccnsc.
Q Okay,whcnyoucntcrcdthcpropcrtyinNovcmbcr-
M. HAZLETT-STEVENS. 1udgc,thatqucstioncxcccdsthc
scopcoI mydircctcxamination. Thcrcisnocvidcnccthathccntcrcdany
propcrtym Novcmbcr. Thatwas|ustnotpartofmydircctatthispoint.
THCOURT. Alright, Mr. Coughlin,M.Hill,insomc
substancc,hastcstiIcdthathcwascontactcdbyaclicnttocommcncc
cvictionprocccdingswhcrcyouwcrcarcsidcntbascdonanissucthat
primarilyconccmcdlackoIrcnt,andhcbcgantoIurthcruponthat
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aIIomcy|clicnIrclaIionshipbyinsIiIuIingcvicIionprocccdings,andhc
assigncdIhcmallcrIoM.Bakcrinhiso0cc.
ThaI'slhccxIcnIoIhiscross-cxaminaIion,oIhisdirccI
cxaminaIion,raIhcr,andyourcross-cxaminaIionshouldbclimiIcdIoIhc
inIormaIionraiscdondirccI. So,I'mgoingIosusIainM.HazlcIt-SIcvcns'
objccIion.
TryIokccpyouinquirylimiIcdIo,quiIcIrankly,Ihcvcry
amounIoIlimiIcdinIormaIionprovidcdbyN. HillIhismoming.
M COUCHLIN. Ycs,sir,YourHonor. I'llIryIowrapIhisup
givcnmaIdicIaIcmaI!kccpiIIowhalwasbroughIupondirccl.
BYM COUCHLIN.
' M.Hill,yousaidyoucommcnccdancvicIion
procccding,oryouhadyourassociaIc,Mr.Bakcr,doso. WhaIlypcoI
cvicIionwaspursucd?
A IniIially,youwcrcscrvcdwiIha5-dayIailurcIopay
rcnIcvicIionnoIicc. AndIbclicvcyouwcrcalsosimulIancouslyscrvcd
wilha3O-daynoIiccIo quiI.
' WasIhaIsubscqucnIlywhaIwaspursucd?
A Idon'IundcrsIandyourqucslion.
' Wcll,youIcsIiIcdIhaIasm arycvicIionordcrwas
subscqucnIlyprocurcdbyyouro0cc.
A Ycs.
M HALETT-STEVENS. Idon'I- goahcad.
THECOURT. MyundcrsIandisIhcqucsIionisaskcdwhaI
procccdingsdidhccommcncc,andhccommcnccda5-dayIaiurcIopay,
Page-42-
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andIbclicvcM.Hill(inaudiblc)contcmporancouslya3O-daynoticcto
quit,isthatcorrcct?
THEWITNESS. Thatiscorrcct,sir.
BYM. COUCHLD.
Q Didyouro0icccvcntuallyconvcrtthattoanocausc
noticc?
A Ycs,thatdccisionwasmadc.
Q Why?
A Bccauscof yourantics. Wcdctcrmincdthatwcwcrc
goingtoprobablydobcttcrandcircumvcntalotoIyourIabricatcd
argumcntsbygoingdownthcnocausccvictionpathrathcrthanhaggling
withyouovcrallthclittlcpcttyissucsyouwcrcraisingandfabricating.
Q Whcnyousaypctqissucs,arcyourcfcrringtohaving
thcdcbilityissucs- noticcs,noticctocurc,and l 4-daynoticcs,and
(inaudiblc)statutcs?
A Whatyoucallhavingdcbilityissucs,sir,which1usticc
SIcrrazzaultimatclydctcrmincddidnotcxist,andyoudidnotprovc.
Q SoyouromccconvcrtcdittoanocauscsMary
cvictionnoticc?
A Morcprcciscly,sir,thcdccisionwasmadctoIorcgothc
rcntcvictionandsimplydoa3O-daynocausc.
Q Okay,andifsubscqucntlythctcnantwasconsidcrcda
commcrcialtcnant,wouldthatnotbctantamounttosortofawrongsidc
lcgalsurgcq?
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A Wcll,Idon'tquitcundcrstandyourmctaphor,sir.But
thc IactoIthcmattcrisitwasarcsidcncc. ThcIactthatyouwcrcillcgally
conductingabusincssthcrc,asidcissuc,numbcronc.
Numbcrtwo,youdidn'traiscitinthc1usticcCourt.
'
Yousayitwasarcsidcncc. IsitzoncdIor|ust
rcsidcntialusc?
A Idon'thavcanyidca,sir.
'
Wcll,whydidyousayitwasarcsidcncciIyoudon't
havcsomcthingtobascthatupon?
A That'swhatthclcascsaid,andthcrcwasnolawml
busincssbcingconductcd.
'
Thclcascsaid- didthclcascsayacommcrcialuscwas
acccptablc?
A Idon'tknow,Mr.Coughlin.
'
Wcll,howcanyoutcsti[towhatthclcascsaidiIyou
don'trccall?
A I'mgivingyoumybcstrccollcction,Mr.Coughlin.
'
Okay,nowwhcthcrornotthclcasc-yousaidthc rst
thingyoudidwasyourcadthatlcasc.
A That'snotwhatI said.
'
Wcll,didyousaysomcthingsubstantiallysimilartothat
carlicrwhcnyouwcrctcsti[ing?
A IsaidIalmostccrtainlylookcdatthcdocumcntalmost
immcdiatcly.
Page-44-
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Okay, soyou- ahcryouromcchasbillcd6Ogrand,
2 youarcn'tsurcwhcthcrornotthclcascsaidsomcthingabouttbcing
3 commcrcialuscacccptablc?
4 Mw HALETT-STEVENS. 1udgc,hc'saskcdandanswcrcd
5 thatqucstionalrcady. Thcrc'snocvidcnccastothc6Ogrand(inaudiblc).
6 THECOURT. Ycah,that'sassumingafactnotincvidcncc.
7 I'mgoingtosustainthcob|cction.
& BYMw COUCHLIN.
9
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Didyouro0ccbillapproximatcly$6O,OOOto
lO (inaudiblc)?
l I Mw HALETT-STEVENS. Ob|cction,rclcvancc.
I2 THECOURT. Sustaincd. It'sirrclcvant,M.Cough|in. I'vc
I 3 addrcsscdthatissuc.M.Hill'snancialarrangcmcntwithhisclicntis
l 4 irrclcvanttothistrcspassingcasc.
l 5 I ' mrcallynotlcgallyintcrcstcdinthcamountofmoncyhc
I6 billcdnorrcccivcd. Ithinkit'sirrclcvant.
I 1 M COUCHLIN. I'mnotoffcringtoprovcthctruthofthcmatIcr
I & asscrIcdinwhathcbillcd. I' moffcringit-
I9 THECOURT. I'mtcllingyouit'sirrclcvant. That'sa
2O hcarsay issucwhcthcrit'sbccno0crcdtoprovcthctruth, andquitc frankly,
2I I' mmakinga|udicialdctcrminationthathisrclationshipwithhisclicnt
22 rclatcdtonanccsisirrclcvanttothistrcspassingcasc.
So,I' mgoingtonotallowanyqucstionsrclatcdtothatlincof
24 inquiry. So,lct'smovcontoourncxtqucstion.
25 M COUCHIN. Ycs,sir.
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YM4 LUUUHIN.
2 Q WasIhcissucoIwhcthcrornotthclcascallowcdIora
3 commcrcialuscavcryimportantissucinthatsummarycvictionprocccding
4 omwhichIhiscriminalIrcspass(inaudiblc)?
A ArcyouaskingwasthatanimporIantconsidcrationin
6 mybcingablctoundcrIakcIhcassignmcnI? Thcanswcrisno.
7 Astowhatcxactlyyoudidorsaid- (inaudiblc- bothtalking).
& Q No,I' maskingyouiIitwasimporIantastowhcthcror
9 notitwaspcrmissiblctopursucasm arycvictionprocccdingiIit'sa
commcrcialtcnantwhcrcyouarconlyallcgingnon-paymcntoIrcnt.
I I THECOURT. IIyoucananswcrthat,M.Hill,goahcad.
l2 THEWITNESS. Ididn'Ihcarit, andI'mnoIsurcthatIcan
l 3 undcrstandit. ButiIyou'dlikcIotqagain,!'II-
I4 THECOURT. CoahcadandrcphrascIhcqucstion,Mr.
Coughlin. SpcakloudlyandclcarlyandM.HillwilldohisbcstIoanswcr
l 6 thaIqucstion.
I 7 BYM= COUCHLIN.
I & Q Wasitanimportantconsidcrationtoyouro0ccinthc
l 9 courscoIrcprcscnIingDr.Mcrlisswhcthcrornotthclcascagrccmcnt
allowcdIoruscoIthcprcmiscsIoracommcrcia|usc?
2I A No.
22 Q Youarctcsti[ingthatyouro0cc'srcprcscntationoI
23 Dr.McrlissdidnotincludcacarcmlconsidcrationoIwhcthcrornotIhc
24 lcasc allowcdIoracommcrcialuscoIIhcprcmiscs?
Page-46-
00143
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l M4 HALETT-STEVENS. Askcdandanswcrcd,1udgc. Hc
2 saidno.
3 THEWITNESS. Thatwasn'tthcqucstion. Thcqucstionwas
4 whcthcr-
THECOURT. Igotthrccthingsgoingonhcrc,andwc'rc
6 makinganoralrccordsolct`strytokccpitciviltothccxtcntwc'rcablcto.
1 M.Hazlc|t-Stcvcnshasraiscdanob|cctiontothcqucstion.
& M.Coughlin,doyouwanttorcspondtothat?
9 MR.COUCHLIN. Ycs,sir. M.HazlcI|-Stcvcnssaiditwasaskcd
andanswcrcd,Ibclicvc?
l l M. HAZLETT-STEVENS. Ycs,thcrcwasanob|cctionaskcd
l 2 andanswcrcdahcrhcsaidnotothcprcviousqucstion,askcdslightly
l 3 diIIcrcntly.
THECOURT. What'syourrcsponsctoMr.Hazlctt-Stcvcns?
M4 COUCHIN. ItwasscckingclaricationbccauscIwas
l 6 surpriscdtohcarnotosuchanimpor|antissuc.
l 1 M4 HAZLETT-STEVENS. Surpriscdocsn'tovcrcomc.
l & THECOURT. Okay, asamaI|croIcIariIcation,sothcrccord
l 9 isclariIcd,askthcqucstionagain,andMr.Hill,lct'sscciIwccananswcr
thatqucstiontothcbcstoIyourability. Coahcad,M.Coughlin.
2l BYM+ COUCHLIN.
22
'
Mr.Hill,didyou|usttcsti[thatyoudidnotIcclitwas
23 animportantconsidcrationinrcprcscntingyourclicnttodctcrmincwhcthcr
24 ornotthclcascinqucstionwouldpcrmitcommcrcialusc?
A No, it'snotimportant. Wcwcrchircdtocvictyou, and
Page-41-
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thatwasthcassignmcnt.
Q Okay,soiIthclawhasancxprcssdictatcprohibiting
thcuscoIsM arycvictionprocccdingsagainstcommcrcialtcnantswhcrc
thcnon-paymcntoIrcntisnotallcgcdL scrvcdasancvictionnoticc,would
thatprcscntasituationwhcrcitwouldbcanimportantconsidcration?
A Mr.Coughlin,I'mhavingarcaltoughtimcIollowing
yourqucstion.
Q Okay.
THECOURT. Coahcadandrcphrascthcqucstion,M.
Coughlin.
THEWITNESS. You'vcmadcitinsmallpicccs.
THECOURT. Hangon,Mr.Hill. Rcphrascthcqucstion. Lct
mctcllyou,I'mgivingyouagcatdcaloIlccwayoncross-cxaminationin
Iaimcsstoyou,andwc`rcgcttingntoissucsmaIrcally,rcallycxcccdmc
scopcoIthcdircctcxamination.
AndI` mwillingtogivcyouagrcatdcaloIlccway,butat
somcpoint,thclccwaylimitationcomcstoancnd.
So,goahcadandaskoncmorcqucstionrclatcdtothis. Tryto
makcitspccic,mdIhcnM. HillwilldohisbcsItoanswcrmaIqucstion.
MR.COUCHLIN. Ycs,sir,YourHonor. 1ustquickly,I`malittlc
grccnonthis,buthcopcncdthcdoorquitcabit,too.
THECOURT. Coahcadandaskaqucstion,M.Coughlin.
BYM.COUCHLIN:
Q YoujusttcsticdthatyoudidnotIcclitwasan
imporIantconsidcrationwhcthcrornotthclcascallowcdIor commcrcial
l8gc -48-
I 5
23
I usc,corrccI?
2 A Ycah,iIwasnoIIhaIimportanI.
3 Q Okay,woudiIbccomcimportanIiIyourcnIirccasc,or
4 IhcordcrwhchyouprcpmcdIoryourcicnIwasvoidbccauscIhcrcsno
5 jurisdicIionabasisIorcnIcringsuchanordcr?
6 A IIyourprcsumpIionswcrccorrccI,whichIhcy'rcnoI,
7 IhcniIwoudbccomcimporIanI. BuIsinccyou'rcwrong,iIwasnoI
8 importanI.
9 BcsidcsIhaI,youdidn`IraisciI.
I 0 Q WasIhcIacIthaIIhcpropcrqwasbcinguscdIor a
I I commcrciapuqoscscIIor|hinIhcIcnanI'saIIdaviI?
I 2 A Idon'Iknow.
I 3 Q Youdon'Iknow?
I4 A IdonoIrcca.
Q You|usIIcsIicdthaIiIwasn'Iraiscd,sohowcoud
I 6 youdothaIwiIhasIraighIIacc,andIhcnanswcryoudon`Irccanow?
\7 THECOURT. M.Coughin,hc'sanswcrcdIhcqucsIionIhaIhc
I 8 docsn`Ircca . YourcommcnIsbccomcargumcnIaIivcsocI`s-
I 9 Wc'rcgcttinginIoanarcawhcrcI ` mnoIgoingIoiIigaIcin
20 IhisCour|IhcmcriIsoIIhcandord/IcnanIrcaIionship,northc- uIimaIcy
2I IhcbasisIormccvicIion.
22 Mr.HihasIcsIicdIoaimiIcddcgrccwhaIhc'sdonc,andiI
youhavcanythngrccvanIIowhaIhcsad,goahcadandaskI. IInoI,I
24 thinkiIwoudbcagoodIimcIoIcrminaIcyourcross-cxaminaIionuncss
25 youhavcanyothcrrccvanIqucsIions.
Page-49-

4
7
8
you.
astorclcvancc.
M.COUCHLIN. Ycs,sir,andIapprcciatcyourfrustrationwith
2 thccxtcnttowhichcivicvictionlawsistakingupcriminalcourtrcsourccs,
3 andthat'sundcrscorcdinOIuI8 v. J0hn80n.
I 5
TCOURT. No,lctmctcllyou,Mr.Coughlin. Youarcnot
5 goingtomisquotcwhatI'msaying. I'mnotustratcdbythatproccssatall.
6 I'mjustsayingthatitbccomcsirrclcvantinmyCourtwhcnyouhcarthis
criminalmattcr,thcdctailswhichhappcncdinthc1usticcCourt,ona
landlord/tcnantmattcr,andI` mnotfrustratcdoncbit.
9 M.COUCHLIN. Ycs,sir.
l 0 JECOURT. Tothccxtcntmat|crsarcrclcvantinthccriminal
casc,I' mgoingtohcarthcm,butasthcygcttobcmarginallyirrclcvant,wc
I 2 bcgintotakcuptimcthat'snotbcstscrvcdinthcCourt.
I 3 So,iIyouhavcanyothcrdircctrclcvantqucstions,goahcad,
I4 anddon'luIopulwordsinmymouthaboutwhatI' mthinking. Thank
I 6 M. COUCHLIN. Ycs,sir,YourHonor. Iapologizc.
I 7 BYM.COUCHLIN.
I 8 Q Mr.Hill,arcyouawarcoIacasccallcdOIuI8 v.
l 9 J0hn80n, mat' sZ Wcstlaw+J\+OOO whcrci nsomcoflhcproblcms
20 associatcdwithco-optingapoliccIorcc-
Z M. HALETT-STIVENS. 1udgc,I`mgoingtoob|cctalrcady
22
23 THECOURT. LcthimInishthcqucstion. Coahcad,Mr.
24 Coughlin. Coahcadandnishyourqucslion. Mr.HatIc-Slvvcns,youcm
25 ob|cctatthcappropriatctimc.
l8gc -50-
00144
I 7
23
24
25
I M COUCHLIN. WhcrcinsomcofIhcproblcmsassociatcdwith
2 landlordco-opIingapoliccIorcctodocivillandlord/tcnanI-toaccr|ain-
3 ancIIcctoncivillandlord/tcnanIdisputcsisdiscusscdatlcngIh?
4 MR.HAZLETT-STEVENS. 1udgc, Iamgoingtoob|cct to
5 rclcvancc,andthcrc'snoIoundaIionIor IhcqucstioninthiscascaIallbascd
6 ondircctcxaminaIion.
7 THECOURT. Thatobjcctionissustaincd,M. Coughlin. I
8 don'tIhinkthaI' srclcvant.
9 MR.COUCHLIN. Ycs,sir,YourHonor. I` mtryingIowrapitup
I 0 hcrcwithaqucstionortwo,YourHonor.
I I IthinkIhaI'sallIhavc.
I 2 THECOURT. Thankyou,M.Coughlin. M.HazlcI|-Stcvcns,
I 3 anyrcdrccI?
I4 M4 HALETT-STEVENS. Nothing. Norcdircct,YourHonor.
I 5 THECOURT. M.Hill,mankyouvcrymuch. Youmayhavca
I 6 scat. Thankyou,sir. Alright.
MR.HALETT-STEVENS. ThcCitycallsCascyBakcr.
I 8
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20
2I
22
MR. COUCHLIN. YourHonor, iIIcan,amIIoolatcIoinvokcthc
rulcoIcxclusion?
THECOURT. I'mgoingto -
M HAZLETT-STEVENS. It'stoolatc,YourHonor.
THCOURT. No,I' mgongtogoahcad- isthataIact? Or
docsIhcCour|havc itsdiscrcIion?
M HAZLETT-STEVENS. IIis. IthastobcinvokcdaIIhc
bcginningoIthcIrial. Youcan'IhamsIringoncwiIncssandprc|udicconc
lQc -5I-
l siJc by ioVokiog i| miJwy hrough mc |r||. !| hs |o bc |ovokcJ | |hc
2 bcg|oo|og ol |r||, Your Hooor.
J 1 COUKT: M.Cough||o7
4 M COUGHL!N: Mr. H|c||-S|cvcos |s vcry cxgcr|coccJ
5 ||||g|or io |h|s rcgaJ, so ! Joo`| hvc oym|og |o rcbu| |h|. ! Joo`| koow
6 whc|hcr |h|`s Ihc csc or oo|.
7 TCOUKT: Oky, |hok you. Go hcJ. Th| rcgucs| wi||
8 bc Jco|cJ.
9 M.Bkcr, |c|`s gc| you swom |o.
I O (Wi|ocss Ju|y swom).
I I THL COUKT: Thok you, M.Bkcr. Hvc sc|. A|r|gh|,
I 2 M. H|cu-S|cvcos, go hcJ.
I3 MK. HALLLTT-STLVLNS: Thok you, Your Hooor.
I 4 CASEYAKEK
15 c||cJ s w|mcss, hv|og bcco Ju|y swom,
I 6 |cs||tcJ s lo||ows:
l 7 O!KLCT LXAM!NAT!ON
I 8 BY M4 HALLLTT-STLVLNS.
I 9
' GooJ momiog. Cou|J you g|csc s||c your omc, oJ
20 sgc|| your |s| lor |hc rccorJ7
2I A Cscy Bkcr, B-A-K-L-K.
22
' Arc you cmg|oycJ, sir7
2J A Ycs.
24 Wh|`s your grolcss|oo or occug|ioo7 '
25 A !`m o ssoci|c ||omcy |o KichrJ H|||`s oHcc.
Fc -52-
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Howlonghavcyoubccnanat|omcy,sir?
2 A SinccOctobcroIZJ.
3
'
Okay, andhowlonghavcyoubccnworkingwithM.
4 Hill?
A Istar|cdwithM.HilIwhcn Inishcdlawschoolin
6 1unc,ZJ. IwasthcrcIor thrccycars. IlcIor about1\ months,camc
7 back,andbccnthcrccvcrsincc.
8
'
Andwhat'syour- whatarcyourduticsasanassociatc
9 at|omcyatthcLawO0ccsoIRchardHill?
A WhcnM.Hillassigsmccascs,Ihandlcthosccascsto
! ! thcbcstoImyabili. hmdlcsomcoIthcintakcIorncwcascs,iIthccIicnt
I 2 contactsouro0ccorcontactsmcdircctly,andM.Hillisnotavailablc.
I 3 IassistM.HillwithsomcoIthccascshc'shandling.
' Okay,thankyou. AnddopartoIyourduticscntail
landlord/tcnantlaw?
l 6 A Ycs.
I 7
'
Whatpor|ionoIyourcasclaw- oryourcascloaddcals
I 8 withlandlord/tcnantissucs,doyouknow?
I 9 A Itvarics. Ccncrallyspcaking,whcnlandlord/tcnant
cascscomc intoouro0cc,thcyIndthcirwaytomc.
2I
'
Okay.
22 A Dr.Mcrliss'scascoccupicdasubstantialamountoImy
23 timcIor thcpastscvcralmonths.
24
'
Okay,whcnaboutdidyougct-wcrcyouassigcda
cascassociatcdwithDr.McrIiss?
Page-53-
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25
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I A
2
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3 RivcrRockSucct?
4 A
'
6 A
7
'
8 A
9
'
Ycs.
AndisthatcascassociatcdwiIhthcaddrcssoII 2I
Ycs.
IsthatinRcno?
Ycs.
WhcnabouIwcrcyouassigncdtohandlcIhaIcasc?
IbclicvcitwasthccndoIAugust,2OII .
Okay, andwhatwasyoursignmcnI? DidM.Hill
comcIoyouandassignIhaIcascIoyou?
I I A EvicIM.Coughlin.
l 2
'
Okay,okay. DidyouinitiaIcprocccdingstocvicIMr.
I 3 CoughlinomthaIrcsidcncc?
A Idid.
' HowdidyougoabouIdoingthat?
I6 A IIwasmyundcrstandingthatIhcrcwasrcntduc,pasI
I 7 duc,omM.Coughlin.
I 8
'
Okay.
I 9 A Ahcrrcvicwingthclcasc,IalsodctcrmincdIhatM.
CoughlinwamonIh-Io-monmIcnanIbccauschislcaschadcxpircd.
2I
' Okay.
22 A IbclicvcinFcbruaryoI2OI I . Undcrthosc
23 circumsIanccsandinthiscasc,gcncral pracIiccisIobcginbothprocccdings,
24 a5-daypayorgctoutprocccding,anda3O-daynocausc. ThaI'swhatIdid.
Page-54-
00145
I 4
!
'
SoyoudidbothoIthososimultanoously?
2 A Corroct.
3
'
Okay,didyoulothosopapors- didyousorvothoso
4 paporsonthorcsidoncoat Z RivorRock?
5 A Thowayitworks-thoanswortothoquostionisyos.
6
'
Howdoositwork? DoyoualsoIlosomothingm
7 CourI? IsmatwhonyoudothatsimuItanoously?
8 A ThowayHworksisyouhavothonoticossorvodIrst.
9
'
Okay.
I 0 A Forinstanco,withtho4-daypayorvacatonotico,tho
I I tonantthonhasvodaystocomodownandcommoncothoprocoodingintho
I 2 1usticoCour|byIlinganA0davit.
I 3
'
Okay.
A That'ssor|oIwhatM.Coughlindid.
I 5
'
Okay,andovontuallythiscasowoundupin1ustico
I 6 Cour|,corroct?
I 7 A That'scorroct. M.Coughlincontostod- Iboliovoho
I 8 contostodbothmattors.
I 9
'
Okay.
20 A Wohadashorthoaringwith1udgoSIonazaontho5-
2I daynon-paymontissuo.
22
'
Okay,whonwasthathoaring? Doyourocall? IIyou
23 rocall.
24 A ThatwasoarlyOctobor.
25
' Okay,goahoad.
Page-55-
I A WobackodoIIoIthat.
2
'
Okay.
3 A BocausoM.Coughlinwas, asMr.Hillstatod,howas
4 Iabricatingallthosoissuos. Wodidn'twanttodoalwiththat.
5
'
Okay.
6 A WodocidodthopathoIloastrosstanco,Iboliovoistho
7 tormwoactuallyusodinonooIourploadingpapors,wastosmplysotthat
8 asidoandcontinuowiththo3O-daynocauso.
9
'
Okay.
I 0 A Andthat'swhatwodid.
I I
'
Okay,ovontuallythat3O-daynocausoovictionwound
I2 upboIoroajudgointho1usticoCourt,corroct?
I 3 A 1udgoSIorrazza. Ourhoaringonthat, ourIrsthoaring
25
' Okay.
Page56
I A WhonMr.CoughlinattompIodtoraisothosoissuos
2
'
Yos?
3 A 1udgoSIorrazzagotintothostatutosandthostatuto
4 roquirosthatiIaIonanIisgoingtoassortadoIonsobasodonhabitabiliq,
5 thonthoIonantisroquirodtodopositrontintoaCourImaintainodoscrow
6 accountinordorIor himtoprocoodwiththosodoIonsos.
7 ThaIwasIhoordorthatcamooutoIthathoaring.
&
' Okay,soOctobor I 31udgoSIorrazzasays,"IIyou
9 wantIoaddrossthohabitabilityissuos,younoodtodoposit-younoodIo
I0 oscrowacortainamountoImonoyinordortoovonhavothoabiliIyIo
I I addrossthosoissuos."
I 2 IsIhaIbasicallywhathapponod?
I 3 A ThaIiscorrocI. And1udgoSIorrazzarIhorordorodiI
I 4 Mr.CoughlinworonoItodoposiIthatmonoy,thoovictionwouldbograntod.
I 5
I 6
'
Okay,didMr.CoughlindopositIhaImonoy?
I 7 A No,hodidn't.
I &
'
Okay,wasthoroanothorhoaringpursuantIoyourno-
I9 causooviction?
20 Yos. A
2I
' Whondidthatoccur?
22 A ThatoccurrodonOcIobor25!
,
23 THECOUT. I'msorry?
24 THEWITNESS. Octobor25!
.
25 1 COUT. Thankyou.
Page-57-
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25
BYMe HAZJETT-STEVENS.
'
Andcanyou|ustbrioygivothoCourIanovorviowoI
whaIactuallyhapponodatIhoOctobor25!" hoaring?
A Yos,IhopurposooIIhoOctobor25!
" hoaringwasto
allowM.CoughlntosubstantiatodoIonsoshohadrasodnthoOctobor
' RogardinghabiIability?
A Corroct.
'
Goahoad.
A So,thorulngwasthatiIM.CoughlnputsIhomonoy
intothooscrowaccounI,Ihonwo'rogoingIobobackonOcIobor25!
andho
canattompttosubstantiatoIhodoIonsoaIthattimobyphysicalovidonco.
'
Okay.
A WohadahoaringonOctobor25'" thaItookallday. At
thoondoI thohoaring,1udgoSIonazzatookashortbroak,thonhocamo
backintothoCouruoomwhorohoannouncodhisFindingsandFacts,
ConclusionoILaw,andgrantodIhooviction.
' Okay,wasMr.Coughlinprosontduringthatontiro
procooding?
A Yos,howas.
M8 COUGH!lN. Ob|oction,YourHonor,rolovancy.
Me HAZLETT-STEVENS. 1udgo,itgoostonoIico.
THECOURT. ltdoosgotonotico,M.Coughlin.
M. COUGHL!N. Noticoincriminallawsonsoorcivillawsonso?
Thissanovcton.
Page-5&-
00146
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23
I 1HL COUK1. WcII, !`m gong to tcII you rght now, t gocs to
2 notcc n thc crmnal Iaw scnsc as to whcthcr or not you had notcc ot thc
3 cvcton ordcr hcng cntcrcd.
4 That`s vcry rcIcvant, and !`m gong to aIIow that qucston Io
5 hc askcd and answcrcd.
6 - M. COUCHLIN. But notcc n a crmnal Iaw scnsc cnIals an
7 anaIyss ot whcthcr thc cvI notcc and scrvcc ruIcs wcrc sct torth suHccnt
& to ssuc a Icgtmatc wang.
9 THL COUK1. !n ths casc, thc ssuc - onc ot Ihc ssucs n ths
I O casc s whcthcr or noI you had notcc ot thc cvcIon that was ultmatcIy - t
I I sounds.Ikc was ordcrcd hy 1udgc Stcrrazza, and so I`s a drcct mportanI
I 2 ssuc n thc casc, and so !`m gong to aIIow thaI qucsIon to hc askcd and
I 3 answcrcd.
I4 BY MK. HALLTT-STLVLNS.
'
Mr. Bakcr, was Mr. CoughIn prcscnt dunng thc porton
I 6 otIhc hcarng acr 1udgc Stcrrazza rcIumcd to thc Courtroom and granIcd
I 7 Ihc cvcton?
I & A Ycs, hc was. Hc was sttng at thc samc tahIc hc`s
I 9 sIIng at now on IhaI sdc ot thc Couruoom.
2O M. COUCHL!N: !`m sorry, Your Honor, t ! couId just quckly
2I nIcrjcct. You`rc not making a ruIng - t's jusI t! can cIarq, on thc ssuc
22 ot - t sccmcd to mc, sr, that you sad t`s rcIcvanI, huI t ddn`I sccm
ncccssarly you madc a Iaw ot thc casc or a ruIng to say, a wamng s not
24 hascd upon a cvI sIandard ot scrvcc ot an cvcton noIcc. That s stlI a
25 maI|cr that`s up tor argumcnt.
Pagc -59-
5
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1hat`s whcrc wc arc rghI now.
1 COK1. My ruIng was s Ihat M. HazIcII-SIcvcns askcd
2 a qucstion Ihat was rclcvant, and got a rcIcvant answcr, and !`m not making
3 any ruIngs on anything cxccpI thc tact that thc answcr was you wcrc prcscnt
4 in thc 1usIicc CourI whcn 1udgc Stcrrazza madc a ruling.
Me COGHL!N. Okay, thank you, Your Honor.
6 1H COU1.
7 BY MK. HAZLL11-S1LVLNS.
&
'
Can you pIcasc dcscribc what M.CoughIn was
9 acIuaIIy dong n thc CourIroom whIc M.- cxcusc mc, 1udgc Stcrrazza
was ssuing hs ruIng?
l I A Hc was sttng at thc samc Iablc hc`s stIng aI now.
I 2
'
Okay.
I 3 A And siIIing back in his chair and Iistcning.
I 4
'
Was hc cngagcd in Istcnng to thc 1udgc?
A Hc was Istcnng. Hc was noI taking notcs. ! know Ihat
I 6 bccausc ! gIanccd ovcr. Hc wasn'I taking noIcs.
l 7
' Okay.
l & (lnaudbIc convcrsation).
l 9 Me HAZLL11-S1LVLNS. May Iapproach thc wtncss, Your
Honor?
2I 1HL COK1. You may.
22 BY Me HAZLL11-S1LVLNS.
23
'
M.Bakcr, can you Iakc a Iook aI that documcnt? !I`s
24 bccn markcd as C|`s I .
A Okay.
Page-6O-
23
25
I
'
o you rccogzc that documcnI?
2 A Ycs.
1
'
FIcasc IcII thc Court what IhaI documcnI is.
4 A This s thc Lvcton and ccson Ordcr signcd and
5 ssucd hy 1udgc S!crrazza on Octohcr 25'" aI 5: 1 p.m.
6
' And is Ihcrc any ndcation in IhaI Ordcr that thc
7 cvction was grantcd?
& A Ycs.
9
'
Okay.
l 0 A And I`s in CAFS. Thc rsI Inc, thc trst two words o!
I l thc sccond scntcncc arc Ihc dccision.
I 2
'
And whcn docs it announcc that thc cvcIon is
I 1 cHcctivc?
I 4 A L!!ccIvc Octohcr JI , 2O! ! , aI 5. OO p.m.
l 5 THL COKT. You said, !`m sony, OcIohcr ?
I 6 THL W!TLSS. Octohcr J !, 2O! I, aI 5:OO p.m.
! 7 THL COKT: Thank you.
I & BY MK. HAZLLTT-STLVLNS:
I9
'
Now, did M.CoughIin cvcr, durng that Iong all day
20 procccding, movc !or a stay acr 1udgc S!crrazza announccd mat thc
2I cvicIon was grantcd?
22 A ! hcIcvc thc (naudhIc).
'
!mmcdaIcIy?
A Ycs.
Page-6I -
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And docs thc Ordcr that you`rc hoIdng announcc any
2 dccson on whcthcr thc stay s cthcr gantcd or dcncd?
3 A Ycs, thc Iast lnc ot thc dccson says, "Tcnant`s vcrhaI
4 moton to stay, dcncd.
5 MR. HAZLLTT-STLVLNS. Thank you. Your Honor, thc Cty
6 movcs to admt what`s hccn markcd as Cty`s , and Imovc that nto
7 cvdcncc undcr 5O(h). !25. That`s a ccrt!cd puhIc documcnt, a scIt-
& authcntcatcd documcnt, !udgc.
9 THL COURT. M.Coughln, any ohjccton?
M4 COUCHL!N. Rclcvancy.
I I THL COURT. Okay, Ithnk t's vcry rcIcvant, and thc ohjccton
I 2 s ovcrrulcd, and Cty`s Lxhht No. ! wll hc admttcd nto cvdcncc.
M^ HAZLLTT -STLVLNS. Thank you, Your Honor.
BY MR. HAZLLTT-STLVLNS.
'
Now, dd 1udgc Stcrra//a ordcr anythng cIsc n that
procccdng aHcr hc grantcd thc moton - or thc cvcton?
A Ycs.
'
What dd hc ordcr?
l 9 A At that pont, whcn thc 1udgc announccd hs !ndngs
20 ot !act and ConcIusons ot Law, IoHcrcd, "1udgc wouId you Ikc mc to
2I prcparc thc Fndngs ot Iact and ConcIuson ot Law and Ordcr tor
22 Lvcton?
23 Iottcrcd that hccausc that s customary, and Ihclcvc thcrc s a
Z4 ruIc n strct Court, 1thnk t`s Rulc , that thc prcvaIng par prcparcs t.
25
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M.CoughIn objcctcd, and sad hc wanIcd Io prcparc hs own.
At that pont, 1udgc Stcrrazza sad, "!nc, you guys cach prcparc onc. Gct
thcm Io mc by noon on 1hursday, thc 2T'" and IwII sgn onc at Ihat tmc.
'
Okay, and dd you go abouI prcparng your !ndngs ot
!acts, ConcIusons ot Law, and Ordcr ot Summary LvcIon?
A Ycs, Idd.
' So, 1udgc Stcrrazza, wc ddn`t rcaIIy gct nto ths,
actuaIIy cnIcrcd !ndngs ot !acts and ConcIusons ot Law on thc rccord as
hc was announcng hs dccson?
A Ycs, hc dd.
MK. HAZLL11-S1LVLNS. Your Honor, may ! havc ths
markcd Cty`s 2?
1HL COUK1. Ycs.
(!naudbIc dscusson).
1HL COK1. Why don`t wc do this. 1ust go ahcad and makc -
M HAZLL11-S1LVLNS. You know, Your Honor, !`m happy
to provdc copcs. ! actuaIIy havc cxtras.
1HL COK1. Fcrtcct, thank you, Mr. HazIctt-Stcvcns.
M HAZLL11-S1LVLNS. CcrtanIy.
1HL COK1. 1hcsc wcrc prcvousIy provdcd n dscovcry?
M.HAZLL11-S1LVLNS. 1hcy wcrc prcvousIy provdcd n
dscovcq.
1HL COUK1. WcII, wc`II gvc hm anothcr copy today so wc
havc a copy. Grcat, thank you vcry much, M.Hazlctt-SIcvcns.
1HL COK1. CcrIanIy, 1udgc.
Pagc -63-
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I 9
l M.HAZLL11-S1LVLNS. Your Honor, may ! approach
2 agan?
3 1HL COU1. Ycs.
4 BY M.HAZLL11-S1LVLNS.
5
'
Mr. Bakcr, can you takc a Iook at whaI`s hccn markcd
6 as Cty`s 2?
7 A Okay.
&
'
o you rccognzc IhaI documcnI?
9 A Ycs.
l O
'
Can you plcasc tcll thc Court what IhaI documcnt s?
I l A 1hcsc arc thc !ndngs of !act, Conclusons of Law and
I2 Ordcr for SM ary LvicIon that ! prcparcd foIIowng thc Octohcr 27!
,
l 3 2OI I , hcaring.
l 4
'
o you rccall whcn ahouI you prcparcd that documcnI?
A ! hcIcvc t was on Ihc 2!
.
I 6
'
Okay.
l 7 A Bccausc 1udgc Sfcrrazza wanIcd it on thc 27!
,
I &
'
Okay, dd you prcparc thaI on your computcr?
A Ycs.
2O
'
d you scnd a copy to anyonc? !t couId cithcr hc of
2l cmaI, mail, or any othcr form of ths maIng?
22 A ! scnt an orgnaI down, or a copy, down to thc
23 Cour|housc Io 1udgc Sfcrrazza.
24
' Okay.
25
I8gc -64-
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I A l hcIicvc l scnt a mcmhcr oI our staII to takc t down.
'
sits today?
A
'
A
'
A
I2 SIcrrazza."
I3
'
l`m going to drcct your attcnton to pagc tvc oI that
I 4 documcnt.
A Okay.
'
And can you pIcasc dcscrihc what`s at thc hot|om oI
pagc tvc?
I 8 A 1hat, on approxmatcIy Inc Z , that`s whcrc t hcgns
I9 thc ordcr Ior summaq cvction.
2O
'
Okay, md on mc ncxt pagc, l`m going to draw your
2I attcnton to pagc sx, s thcrc a datc that`s givcn Ior thc cvcton, thc tnal
22 cvcton?
23 A Ycs, what l qpcd was mat Mr. CoughIn - ths is on
24 Iinc 4, M.Coughlin was to hc -or thc ShcrI was Io rcmovc anyonc Iound
25 thcrc hy no Iatcr than Octohcr J , Z . 1udgc SIcrrazza madc somc
Pagc -65-
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25
1 (naudhlc) whcrc hc crosscd out "latcr and wrotc "carIcr. And hc aIso
2 addcd "aI . p.m. And 1udgc S!crrazza nIaIcd hs changcs thcrc.
3 M.HAZLL11-S1EVLNS. 1hc CIy movcs Io admt what`s
4 hccn markcd as Cty`s 2,agan undcr 52. I25,nto cvdcncc.
1 COKT. M.CoughIn, any ohjccIon?
6 M.COCHLlN. No, Your Honor.
7 1HE COK1. Okay, thank you sr. Cty`s No. 2 wII hc
& admUcd nIo cvdcncc. 1hank you.
9 BY M.HAZLL11-S1EVLNS.
'
So, that documcnI actually gavc a daIc otthc cvcton
ii acr whch -s maI corrccI?
I 2 A That`s corrcct.
I3
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Acr whch Mr. CoughIn was no Iongcr aIIowcd Io hc
l 4 Ihcrc, s maI corrccI?
A 1hat`s corrcct.
16
'
So, Ihc !ndngs o! !acIs, Conclusons o! Law and
l 7 Ordcr o! LvcIon tound n your !avor, M. McrIss`s !avor, rathcr, and thc
l & daIc ot cvcIon was as ot Octohcr J ` aI J: p.m., corrcct?
I 9 A 1hat`s corrcct. 1hat`s whaI wc announccd n Court and
puI on maI !ndngs o! !acI.
2l
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And that Ordcr sad that anyonc thcrc acr IhaI datc
22 could hc rcmovcd, s IhaI corrcct?
23 A 1haI was mc command gvcn to 0c ShcrH.
24
' "Shall hc rcmovcd.
A Ycs.
Page-66-
00148
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DidyouscrvcthatdocumcntonM. Couglininany
2 Iashion? ANoIiccoIEntryoIOrdcrorany|hinglikcthat? Orwthat
3 scrvcdbyIhcCourIonhim?
4 A ThcwayitworksisthcCourI-ahcrthcCourtcntcrs
5 thcOrdcr,IhcCour|IorwardsittothcShcriII
6
'
Okay.
7 A AndthcShcriIIgocsoutandcnIorccsIhcordcr.
&
'
Okay,nowI' mgoingIodrawyouraItcnIiontothcdaIc
9 oINovcmbcr!J'", Z .
I 0 THECOURT. WhatwasthatdaIcagain?
I I M.HAZIETT-STEVENS. Novcmbcr J, Z , YourHonor.
I2 THECOURT: Okay,givcmcjusIasccond,counscl.
I 3 MR.HAZIETT-STEVENS. Ccrtainly,1udgc.
I 4 THECOURT: I' mmakingsomcnotcshcrcrcgardingsomc
I 5 daIcs.
I 6 M.HAZIETT-STEVENS. AndI' mgoingtowiIhdrawthat
I 7 qucsIion,YourHonor, soiIyoudon'twant to|oIIhaInotcdown,youdon't
I & havctoaIthispoinI.
I 9 THECOURT. Okay,I' mlookingatsomcthingclsc,okay. Co
20 ahcad. Thankyou,counscl.
2 I BY MR.HAZJETT-STVENS.
22
' I`mgoingtodrawyourat|cntiontothcdatcoI
23 NovcmbcrI'', Z . DoyourccallwhatyouwcrcdoingIhaIday?
24 A Ycs,IwasacIuallyoIIoIworkIhaIday. IwasaIhomc.
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Okay.
A BuI ! was hascaIIy on stand-hy hccausc ! kncw that thc
cvcIon was gong to happcn.
' Okay, and dd you acIuaIIy cvcnIuaIIy rcspond or havc
Io comc to thc arca ot !2! Kivcr Kock?
A Ycs.
' Why?
A 1hc way I works, agan, !`m sorry Io kccp dong ths.
' Flcasc, pIcasc, plcasc, you arc cducatng us all.
A You havc to wat tor thc ShcritI Io contact you.
'
Okay.
A 1hc ShcrtIs cputcs arc scnI ouI wIh scvcraI ot thcsc
thngs on thc days IhaI thcy do thcm, howcvcr, Ihcy do thcm cvcry day. You
can Iry Io shoot tor a spcctc tmc, hut you arc aI thc mcrcy ot thc ShcrtIs
cpuIy`s schcduIc. Somc Iockouts takc Iongcr than othcrs. 1hcy Iq to gvc
you Icad tmc.
! had spokcn wIh thc ShcrtIs cpuIy aIrcady, ! hcIcvc, on
!rday Ihc 28".
' Okay.
A ! hcIcvc. !t was cIhcr that, or ! contactcd hm on hs
cclI phonc. But ! camc hack n (naudhlc) do Ihc lockouts.
1HL COK1. !`m sorry?
1HL W!1NLSS. ! camc hack n so wc couId do thc IockouI, Io
mcct thc ShcrtIs cputcs at thc propcrg acr thc Shcrft cals.
'
Okay, and so you actuaIIy dd go to I 2I Kvcr Kock?
Pagc -6&-
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A Ycs.
' And wcrc Ihcrc ShcrtIs cputcs thcrc?
A ! got thcrc rst.
' Okay.
A Along wIh a mcmhcr ot our sIatt.
'
Okay.
A And thcn Iwo Shcrs cpuIcs arrvcd.
'
Okay.
A And mcn wc had to wat tor thc Iocksmth.
' Okay, whcn thc Shcrs cpuIcs arrvcd, dd thcy
havc any documcnIs n thcr hand?
A ! hcIcvc thcy had - ycs, thcy had thcr copcs ot thc
!ndngs ot !act, and Ordcr tor Summary Lvcton.
' Okay, and do you rccaII what thc dcputcs, or onc or
hoIh ot thosc dcputcs dd wth thc !ndngs ot !acts md Ordcr ot LvcIon?
A Ycs.
' PIcasc tcll.
A Oncc -Ihc short answcr s thcy takc you to thc door.
'
Okay.
A ! can tcII you thc proccss, t you wanI.
' PIcasc, IcII us whaI happcncd.
A Whcn thc locksmIh naIly arrvcd, thc Shcrtts hang
on thc door, announcc thcr prcscncc, "Opcn up, polcc, shcrH.
Thcrc was no rcsponsc. At that pont, cvcryhody stands hack.
Thcy gct thc Iocksmth to go ahcad and opcn thc door. Hc opcns thc door.
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1hc Shcrtts go n. 1hcy clcar Ihc propcrty, makc surc nohody is Ihcrc.
1hcn Ihcy camc hack ouI and thcy tapc I Io thc door.
'
Okay, and you sad Ihc locksmIh was Ihcrc, Ioo?
A CorrccI.
'
WhaI dd Ihc locksmIh do?
A Thc locksmth, hs rsI task was Io opcn Ihc tronI door.
'
Okay.
A ARcr hc dd thaI, and acr Ihc ShcrtI clcars Ihc
propcrty, Ihcn hc changcs thc locks, rc-kcys Ihc locks.
'
Okay.
A On thc tronI door and thc hack door.
'
Okay, and whaI dd thc - wcrc Ihcrc ncw kcys
assocaIcd wm rc-kcyng thc locks?
A Ycs.
'
WhaI dd Ihc locksmIh do wth Ihc ncw kcys?
A Gavc Ihcm Io mc.
'
Okay.
A !I was cIhcr mc, or Shcq Hll, who was also wIh mc
trom my occ. thnk hc gavc Io mc.
'
!'m sorq?
A ! Ihink hc gavc Ihcm Io mc.
'
Okay, and so thus, Ihc old kcys IhaI wcrc tormcrly
assocaIcd wiIh thaI lock would no longcr work, s IhaI conccI?
A ThaI`s my undcrsIandng.
Page-70-
00149
24
I
'
Okay, and hc rc-kcycd hoth thc hont door and thc hack
2 door?
3 A Concct.
4
'
Wcrc thcrc any olhcr doors, cntry doors, into thc
5 propcrg7
6 A 1hcrc wcrc no othcr outsidc cntq doors.
7
'
Now, did you -do you rccaII whcmcr thc Shcri
& cxccutcd any othcr documcnts whilc hc was thcrc? An Adavit ot Scrvicc
9 or anything Ikc that, do you rccall?
l O A I don`t know.
I I
'
So, it`s your tcstimony that thc Shcri!! s cputy postcd,
I2 tapcd on thc hont door, this -pagc !indings ot !act and ConcIusions ot
I 3 Law that`s aIrcady hccn admittcd into cvidcncc, thc City`s 2?
I 4 A 1hat`s corrcct.
I 5
'
Okay, did hc post it on thc tront door and thc hack
I6 door? Or just thc hont door? o you rccalI?
l 7 A !ust thc hont door.
I &
' Okay.
l 9 Mo HAZLL11-S1LVLNS. No rlhcr qucstions tor this
2O witncss, Your Honor.
2l 1HL COK1. AIrght, thank you.
22 M.CoughIin, any qucstions on cross-cxamination?
23 M4 COCHL!N. Ycs, sir, Your Honor.
lll
25 lll
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LHLbb-AAmA11LD
Y mH. LL1LM1D!
Q Cood aRcmoon, M.Bakcr. You just tcsticd that thc
Ordcr says that thc tcnant shaII bc rcmovcd at somc pont, is that corrcct?
A ! don`t think that was my tcstimony. ! thnk my
tcstmony was that thc Ordcr commands thc Shcrtt to rcmovc whocvcr hc
nds thcrc.
Q And by Ordcr, you mcan ths onc that you prcparcd and
1udgc Stcrrazza sgncd?
THE COUKT. Lct`s rctcr to thc documcnts that wc havc n
cvdcncc. ! bcIcvc, Mr. CoughIn, you arc rctcrrng to Cty`s Exhbt 2. !t
that`s not corrcct, Ict mc know. !tt`s on thc rccord, it`s cIcar. That makcs
spccc rctcrcncc to documcnts that arc n cvdcncc.
MK. COUCHL!N. Ycs, sr, Your Honor.
THE COUKT. Co ahcad and ask that qucston.
BY M. COUCHL!N.
Q So, that wouId bc Exhbt 2,!ndings ot !act,
ConcIuson ot Law and Ordcr tor Summary Evcton.
d you carIcr tcstq to mc cttcct that n that documcnt thcrc
s csscntaIIy a command to thc Shcrtt that thcy shaII - thc tcnant shaII bc
rcmovcd?
A ! bclicvc that was approxmatcIy how ! paraphrascd
Exhbt 2whcn ! handm t back to Mr. HazIctt-Stcvcns, ycs.
Q Okay, and just tor pont ot rctcrcncc, do you -whcrc on
pagc sx, Inc 2,onc, it says, "!t s hcrcby ordcrcd, adjudgcd and dccrccd as
Page-72-
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1 foIIows, that thc Shcrff ConstahIc of Kcno Townshp or onc of thcr duIy
2 authorzcd agcnts hc and hcrchy s drcctcd to rcmovc cach pcrson and cvcry
3 pcrson found upon or wthn thc rcntaI unt Iocatcd at Kvcr Kock.
4 A No, ! do not scc that. l do not havc thc documcnt n
5 front of mc.
6
'
Okay, wcll s that -
7 THL COKT. Lct mc ask you ths. WouId t hclp, Mr. Bakcr,
8 fI gavc you -Ict mc do ths so wc`rc vcry cIcar.
9 M.COGHL!N. Your Honor, ! havc anothcr copy.
l O THL COKT. No, that` s nc. Go ahcad, and thc orgnal,
1 Cty`s Lxhht 2, lct`s gvc to Mr. Bakcr so hc has rcfcrcncc to that
l 2 documcnt. Thank you, sr.
l 3 Now, docs that hclp to answcr thc qucston, M.Bakcr?
4 THL W!TNLSS. What was thc qucston? Can ! (naudhlc) thc
rst paragaph?
l 6 THL COKT. Hc csscntaIIy rcad vcrhatm thc trst paragraph
l 7 to you, and askcd f that`s what thc documcnt sad. l s that corrcct, M.
8 CoughIn?
l 9 M. COGHL!N. Ycs, sr, Your Honor.
20 1 COKT. Okay, thank you.
2l THL W!TNLSS. ! don`t havc your qucston n mnd, hut to thc
22 cxtcnt thc 1udgc says you`vc rcad thc rst paragaph on pagc sx -
23 BY MK. COGHL!N:
24
'
Okay, and was that what you wcrc rcfcrrng to whcn
25 you tcstcd carIcr ahout Ianguagc nvoIvng "shaII hc rcmovcd?
Page73
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A Ycs.
2
'
Okay, now docs t say anythng n thcrc about wantng
3 to lcavc?
4 A ocs l say anythng n that paragaph aboul wantng to
J Icavc?
6
'
Or wthn thc cnlrc Ordcr, or wmn any rcIcvanl
7 documcntaton nvoIvcd n ths procccdng tor thc cvcton ordcr?
& A You mcan a wang n addlon to whal 1udgc
9 Stcrrazza toId us at thc hcarng?
IO
'
WcII, l`m not rcfcrrng to thc hcmng just now. l' m
11 rctcrrng lo thc notcc that you say was poslcd - l mcan, lhs documcnt -
l2 Exhbt Z lhal you say was postcd.
And l gathcr you bcIcvc that ctfcclualcd scrvcc of t. l`m
l 4 askng you, s thcrc anylhng wlhn ths thal spcaks to a wang lo Icavc
l 5 smIar to what s tound n KMC 8. l O.O4O, thc trcspass sccton ot thc Kcno
16 Mun Codc?
I7 A l don`t know lhc Kcno Mun Courl -lhc Mun Codc. I
l & thnk thc bcst ! can do to answcr your qucston s to say that n thc
l 9 ntroduclory paragraph on pagc onc, rcctcs that on pagc 2l , that you wcrc
2O prcscnl and procccdcd n propcr pcrson at lhc lwo hcarngs rctcrcnccd on
2l that pagc, Oclobcr J J' and - cxcusc mc, Octobcr J'" and Octobcr ZJ'".
22 l don`t scc bg !lashng lcttcrs that say wamng" on thcrc, t
2J that` s your qucston.
24
'
Okay, so you'rc sayng thcrc`s nothng n thcrc thal
2J
Page -74-
00150
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24
25
I spcaks to a waming to lcavc, or puts onc on noticc that thcy`ll hc suhjcct to a
2 crminal trcspass prosccution?
3 A That`s not what ! said.
4
' Wcll, is thcrc anythng to that ctIcct n that Ordcr?
5 A ! don`t practicc crimnal law. l don`t know what you
6 thnk s sumccnt to wa you, hcsdcs a 1udgc tcllng you from thc hcnch
7 that you'rc gong to hc cvctcd.
& Idon`t know what you thnk s sucicnt to wa you that
9 you`rc going to hc cvctcd.
l 0
' Kight, and you`rc sayng cvict, and not prosccutcd !or
l I crmnal trcspass, right?
l 2 A Lkc ! sad, ! don`t practicc crminal law.
l3
'
Okay, hut l askcd you ahout whcthcr thcrc` s a wang
I4 rclativc to a crminal trcspass prosccuton, and your answcr rclatcd to a cvl
I 5 cvcton.
l 6 A Okay, mayhc thc hcst answcr s that you`rc asking mc
I 7 !or a lcgal concluson in rcspcct to a crmnaI law qucston, and ! don`t havc
I & an answcr to that.
l 9
' ls t your hclic! that wing was appropratcly ssucd
20 to lcavc to thc tcnant such that a crmnal prosccuton was justcd?
2I M.HZLL11-STLVLNS. 1udgc, l`m gong to ohjcct. 1hat`s
22 a mattcr of a lcgal concluson n ths casc, and t`s thc ultmatc concluson o!
ths casc. l don`t think Ihs wtncss can answcr that qucston.
Pagc -75-
I 5
I 6
I7
l 1HL COK1. 1hs wtncss cannot answcr a qucston that gocs
2 to thc uItmatc IcgaI concIuson. l`II makc that dctcrmnaton, so that
3 objccton s sustancd.
4 M. COCHLlN. Ycs, sr, Your Honor.
5 BY M. COCHLlN.
6 Q You sad you ddn`t scrvc any Notcc of Lntry of Ordcr
7 of Lxhbt 2,thc !ndngs of !act, that you prcparcd and 1udgc Sfcrrazza
& sgncd?
9 A Wc probabIy dd aRcrwards. But l ddn`t for thc
IO Iockout, l don`t thnk. Maybc.
l I Q Okay, bcforc thc Iockout, dd you cvcr mal, or anyonc
I 2 wim your organzaton, maI or othcrwsc pcrform constructvc scrvcc undcr
l 3 NKCF 6, of ths Ordcr?
l 4 A Wcll, n thcsc procccdngs (naudblc) by 1ustcc Cour|
ruIcs, not thc rulcs of thc (naudblc). 1hat`s numbcr onc.
Numbcr two, l don`t kow whcn my oHcc rcccvcd a sgcd
copy. So, l don`t - l can`t tcll you as l st hcrc today whcthcr wc scnt a
l & Notcc of Lntq. AIthough, l can tcII you, that`s my practcc, cspccaIIy n
l 9 your casc, to mmcdatcIy scnd a Notcc of Lntry.
2O Q Okay, and you sad "thcsc procccdngs" ths summary
2I cvcton procccdng, whch 1udgc Sfcrrazza also charactcrzcd as a traI, that
22 wouId bc rcconvcncd on Octobcr ZJ", but you sad thosc procccdngs/traI
23 arc not govcmcd by thc KuIcs o! CvI Froccdurc, NKCF?
24 A !rst, Iddn`I say "mosc procccdngs/uaI. \dd not
25 say that word. You sad t. And ycs, thcsc procccdngs, Lxhbt 2,wcrc n
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thc 1ustcc Court. 1hcy arc govcmcd by thc !ustcc Court KuIcs ot CvI
2 Froccdurc, and n tact, thcrc s a vcry smaII porton ot thosc ruIcs, ! thnk
3 thcy (naudbIc).
4 l don`t know. ! thnk KuIc 8(!) or so that havc to do wth
sM ary procccdngs, whch s what ths was. 1hat`s my answcr. 1hat`s thc
6 ruIcs that govcm thosc procccdngs. Casc RB2U I I UU I TU8.
7
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Okay, arc you awarc that NKS 4U.2U8U spcc!caIIy
& ndcatcs that thc Ncvada KuIcs ot CvI Froccdurc do appIy to summary
9 IandIord/tcnant procccdngs to thc cxtcnt that thc mattcrs not spokcn to by
thc statutcs tound n ! I 8(a) or thc rcIcvant por|ons ot 4U, arc sIcnt n thosc
l I rcgards?
l 2 A You`rc askng mc to tcII you what that statutc says? !
l 3 havc no dca what that statutc says (naudbIc).
' Arc you awarc that NKS 4U.2U8U spcccaIIy docs
makc NKCF appIcabIc to thcsc procccdngs?
l 6 A !`m awarc that you just toId mc that, but ! don`t know
that to bc thc casc wthout rcadng thc statutc.
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Okay, but carIcr, you sad that was not thc casc, just
l 9 now, corrcct?
A What ! sad was that thc ruIcs that wc wcrc opcratng
2I undcr n thc summary cvcton procccdng arc thc Ncvada 1ustcc Court
22 KuIcs ot CvI Froccdurc.
23 ! undcrstand thcrc s somc ntcrpIay n bctwccn thc ruIcs to thc
24 cxtcnt onc sct docs not covcr somcthng, you can Iook to thc othcr sct.
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But, arc wc talkng ahout suhsIIutc scrvcc sIII? ! don`t rcaIIy
know what your qucstons wcrc othcr than do ! know that statutc vcrhatm?
No, ! don`t.
'
Okay, so you`rc unawarc o! whcIhcr or not, ycs, Ihc
rulcs rcIatvc to suhstantivc - constructvc scrvcc -
1HE COU1. Mr. CoughIn.
M.HALE11-S1LVLNS. !`m gong to ohjcct.
1HE COU1. Lct mc tcII you somcthng. Wc arc gcttng way
out n an arca that, quitc !rankIy, !rom mc IcgaI pcrspcctvc, !` m not rcaIIy
ntcrcstcd or rclcvant whcrc ths is gong.
! think you wcrc makng somc ground, hcadway, askng somc
o!thc rclcvant qucstons ahout Ihc issuc n this casc, somc notcc, what was
contancd i n Ihc Ianguagc.
1hosc wcrc rpc qucstons !or cross-cxamination, and you
wcrc dong a good joh askng thosc qucstions.
But rcalIy, ! havc no ntcrcst lcgally, and ! thnk t`s "
rrcIcvanI, whch rulcs apply n thc 1ustcc Court.
! thnk you arc gcIIng !ar, !ar - you arc straying !ar hom thc
rclcvant ssucs whch you wcrc cxpIorng carlicr, and !`m gong to sustan
Z thc ohjcctons, and drcct you to ask somc qucstions thaI drcctIy rcIatc to thc
Z contcnt o! cthcr thc !ndngs o! !act, thc Ordcr o! Eviction, or what
ZZ happcncd whcn you wcrc prcscnt n Court.
But !`m just not gong to aIIow thc qucstons hccausc Ihcy`rc
Z4 not gong to atIcct my ruling aI all. ! nd thcm just irrclcvant.
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M COCHL!N. Okay, Your Honor. And in ordcr Io asccrtan
2 whcthcr or not scrvicc was appropriatcly donc, wc nccd to know what ruIcs
3 apply, don`t wc?
4 1HE COK1. M. CoughIn, wc don`t nccd to know what ruIcs
arc donc (sc). Scrvcc, you can ask. !`ll dccdc what scrvicc was donc from
asccr|ainng what facts arc dcvcIopcd hcrc n Cour|, and Istcn to thosc.
1 !`vc hcard somc thngs wcrc IcH on thc door hy thc ShcrH. !
8 havc a coupIc documcnts in cvdcncc, and ! know you wcrc prcscnt at a
hcaring. And thosc arc thc qucstions that ! Ihink, qutc frankIy, you should
hc zcroing n on n tcrms of any qucstions, and thcn thcrc` s only so many
qucstons uItmatcIy that can hc askcd that rcally arc rclcvant hcforc wc start
Z to wcar out thc wcIcomc on cross-cxamination in tcrms of rcdundant, rcpcat,
J and askcd and answcrcd qucstions.
So, lct`s stay focuscd on that ssuc, and go ahcad and ask
anothcr qucston.
M COCHL!N. Ycs, sir, Your Honor. !t just s - ! don`t know f
1 you can calI it an offcr of proof, hut.
8 1HE COK1. Co ahcad and makc an offcr of proof. !`Il aIIow
that.
M4 COCHL!N. ! don`t cvcn thnk ! know what that s, sr.
Z My point s not to takc up thc Cour|`s tmc. My point is -
22 1HE COK1. Mr. Coughln, Ict mc tcII you rght now. You
23 can takc aII thc Court tmc wc nccd as Iong as wc`rc focusing on thc rcIcvant
Z4 arcas that wc havc not cxpIorcd.
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ToIhccxtcntwcbcgintorchashandgoovcritcmsthaIwc`vc
2 hcardbcIorc,that`sawasIcoIcvcrybody`stimc. I don`Ithinkanybody
3 nccdsIoworryaboutmchavingmytimcwastcd. I`vcdcdicatcdIhccnIirc
4 daytohavcthistrialconductcdandhcard. IwilldoIhaIIothccxtcnIwc`rc
askingqucstionsthatarcncw,csh,andrclcvant.
6 So,goahcad.
7 M.COUCHLIN. And,YourHonor,myonlypoinIis,thisis
8 probablyoncoIthcmostimpor|anIissucsinthcwholcIrial,iIyouaskmc.
9 THECOURT. Wcll,thcnthaI's -
M.COUCHLIN. AndIhaI`swhyI`m-
I I TCOURT. AndthaI`swhyIthinkyoushouldprobablyzcro
I2 i nonthoscissucs,andyou`rcstar|ingtosIrayintoarcasIhaIIdon`Ibclicvc
I 3 arcrclcvanItoIhaIissuc,andI ` mgivingyoumyrulingomIhcbcnch.
I4 M.COUCHLIN. Ycs,sir,YourHonor. I`m|usIaskingIor somc
clarication. I Ilcanjust,Ior aminuIc,sctIor|hwhyIbclicvcIhisis
I 6 rclcvant.
I7 THECOURT. Coahcad,M.Coughlin.
! & M.COUCHLIN. ItsccmsIo- itsccmsthiscascisprcmiscdupon
I9 thcidcathatancvictionnoIicci stantamountIoawmingundcrA. I O.O4O,
thcIrcspasssIaIuIc, IailurcIolcavcthcprcmiscsahcrbcingwacdtodoso.
2I Trcspass,RcnoMuniCodc.
22 So,iIsccmsasIhoughthcCiIyissaying,Yourwamingto
lcavcIhcprcmiscswasthis." AndI' msaying,Thisisn'Ithisuntilit`s
24 scrvcdundcrthclaw,andthclawsaysthatyouhavctoscrvcitbypcrsonally
scrvingit,bccauscNRCFisincoqoraIcdundcr4O.28O."
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So, you havc to cthcr pcrsonaIIy hand t to thc party, whch l
wII cstahIsh Iatcr was not donc, and l hcIcvc hs tcstmony was to thc
cttcct that no onc was thcrc.
So, t you don`t gct that, thc Iaw says, NRCF 6- +, J, and 6,t
says you havc to suhsttutc scrvcc. l thnk somc pcopIc call t constructvc
scrvcc, thrcc days tor maIng.
1HL COUR1. 1o thc cxtcnt ths wtncss s ahlc to answcr, why
don`t you ask thc wtncss thosc qpc ot qucstons. ! thnk you can -
M4 HALL11-S1LVLNS. And, 1udgc, !`m gong to ntcrposc
1HL COUR1. Co ahcad.
M HAZ!L11 -S1LVLNS. -- my ohjccton tor Iack ot a hcttcr
word hcrc. !`m not tqng to provc that an cvcton - that an cvcton
Fndngs ot Facts and ConcIusons ot Law was propcrly scrvcd on
ctcndant. 1hat`s not my ohIgaton as a crmnaI prosccutor n ths casc.
My ohIgaton s to show notcc that hc was cvctcd, and thc
was hack on thc propcrty. ! don`t thnk thcy`rc rclcvant what knd ot scrvcc
actually happcncd, whcthcr t`s pursuant to Ncvada RuIcs ot Cvl
Froccdurc, thc LandIord/1cnant Law, or raIcs appIcahIc to thc 1ustcc
Courts.
So, tor thc rccord, that`s my ohjccton.
1HL COUR1. 1hank you. Why don`t you tocus your nquq
on somc ot thc arcas you rascd whch you should hc ahlc to havc answcrcd
n two or thrcc qucstons ot ths wtncss to thc cxtcnt hc`s ahIc to answcr
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I thosc ahout what scrvcc was accomplishcd, and l`Il dcaI wth thosc IcgaI
2 ssucs at thc hack cnd?
3 M COUCHLlN . Ycs, sr, Your Honor.
4 BY M COUCHLlN.
5
'
So, your tcstmony is that you don`t know that you cvcr
6 ctIcctcd suhstIutc or constructvc scrvcc ot ths that your oHcc dd pror to
7 thc Iockout?
& A Idon`t know whcn wc dd thc Notcc ot Lntry.
9
'
You don`t know whcn you dd thc Noticc of Lntry ot
I 0 Ordcr?
A
'
A
'
A
'
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I 9 THL COU1. ! thnk you`rc askng ths wimcss tor IcgaI
20 conclusons, M.CoughIn. You can ask hm what hc dd, or what hc has
2I pcrsonaI knowIcdgc of as what was donc. l` l l makc any IcgaI rulngs Iatcr
22 on on what scrvicc, it any, was appropratc rcIatng to thc Muncpal Codc.
23 l thnk thosc arc thc knd ot qucstons that can hc askcd, and
24 that this wIncss can L cannot answcr.
25 M COUCHLlN. Ycs, sr, Your Honor..
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BY M.COCHL!N.
'
Sorry t!`vc askcd ths hctorc. !t sccms as though
carIcr you sad you don`t hcIcvc a Notcc ot Entry was maIcd to thc tcnant
pror to thc Iockout occurrng, s that concct?
A don`t know. Idon`t know whcn wc got thc Ic-
stampcd copy, so Idon`t know whcn wc dd thc Notcc ot Lnu.
can tcu you that normaI proccdurc s that thc ShcrIt gocs and
cntorccs thc Ordcr hy tapng t to thc door, cIcarng thc propcr|, and thcn
thc Iocks arc changcd. 1hat`s what thc ShcrtI docs.
'
Okay, thank you. And carIcr, you madc somc mcnton
otthc way t works. By that, dd you mcan thc Iaw sn`t partcuIarIy cIcar
wth rcgard to how scrvcc and notcc arc donc n thcsc rcgards, and t ocn
taus to just thc ShcrH knd ottcIIng pcopIc what thc Iogc s, or what thcy
hcIcvc t to hc? Whcn you sad thc way t works.
A 1hat`s not what was rctcrcncng, no.
'
What wcrc you rctcrcncng, thc way t works?
A Whch qucston was Ianswcrng?
'
What`s that?
A Whch qucston was Ianswcrng and !`II tcu you what I
was rctcrcncng?
'
IhcIcvc M.HazIcII-Stcvcns was askng you ahout on
Novcmhcr lg you wcnt to Kvcr Kock. d you mcct thcm? d thcy cah
you or somcthng Ikc that, and you sad, "WcII, mc way t works.
1HE COUK1. M.CoughIn, why don`t you ask a qucston, a
spcctc drcct qucston? Cvc thc wtncss thc opportunty to answcr that
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qucston, t posshIc.
M COUCHLlN. Ycs, sir.
1HL COUR1. Wc`rc gcttng way out hcrc on this datrhc.
M COUCHL!N: Ycs, sr, Your Honor. l`II wthdraw that
qucston.
1HL COU1. Lct mc tcII you, t`s not hcIpng thc Court.
M4 COUCHLlI. Ycs, sr, Your Honor.
BY M COUCHL!N.
'
What did you do tor thc I I months durng which you
IcH thc cmpIoy ot M.HII?
M HAZLL11-S1LVLNS. 1udgc, !`m going to ohjcct.
1HL COUR1. 1hat`s rrcIcvant. Sustancd. (!naudhIc).
1hat`s rrcIcvant.
M4 COUCHlN. lt was tcstitcd to on drcct.
1HL COUR1. Hc tcstcd hc wasn`t thcrc, hut n tcrms ot
whcrc hc wcnt, ths is not gong to assst thc Cour| onc hit whcrc hc wcnt.
M COUCHL!N. Okay, ycs, sr.
1HL COUR1. !t`s rrcIcvant to thcsc procccdngs.
BY M4 COUCHLlN.
'
And M.Bakcr, you tcstcd that your assgnmcnt was
to cvict M.CoughIn, s that corrcct?
A Ycp.
' d that ncIudc cxpIorng scttlcmcnt or was Ihat just to
cvct no mattcr what?
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M HALL11-S1LVLNS. 1udgc, !`m gong to objcct. !t gocs
to no rc|cvant ssuc n ths casc.
M COLGHL!N. 1hat`s corrcct. ! wthdraw, YourHonor. !
apo|ogzc. !`II contnuc to tocus n hcrc morc.
But thc thng s, Your Honor, wc havc aII thcsc thngs that
arcn`t rcIcvant, but thcy arc so prcjudcaI, thcy kccp gcttng brought up.
! want to ask hm about tabrcatng ssucs. M.Coughln was
tabrcatng ssucs. No, t`s not rca|Iy rcIcvant to thc cvcton, but thcy kccp
' brngng a|| ths stu!I up. 1hc hoardcr that ddn`t pay tor 4or 5 months, thc
tabrcatng ssucs.
You know -
1HL COLK1: Mr. CoughIn, t you havc a gucston, go ahcad
and ask thc gucston, and wc`|| dctcmnc thc rc|cvancc ot cach gucston as
thcy`rc askcd, so go ahcad.
M COLGHL!N: Ycs, sr.
BY M4 COLGHL!N.
'
What dd you mcan by tabrcatng ssucs whcn you
wcrc tcstqng carIcr?
A Od ! say that? Or was that M.HII you arc thnkng
oI!
1HL COLK1: My rccoI|ccton s both you and Mr. H|I tcstcd
to that. So to thc cxtcnt that you tcstcd to that, that prcscnts an
oppor|unty tor a coupIc ot gucstons hom M.CoughIn t you can answcr
thosc n brcvq.
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)HL W!1NLSS. ! bcIcvc ! was rctcrrng to thc "habtablty
ssucs that you wcrc qng to sct up as your dctcnsc to thc cvcton.
1hcrc was ncvcr any proot, and 1udgc Stcnazza tound that
thcrc wcrc no ssucs, and that`s aII Iad out n thc Indngs ot Iact.
M.COUGH!!N: Okay, whcn you sIaIcd thcrc was no prooL s
that accountng tor thc cmaIs whcrcn mold ssucs wcrc sct torth?
1HL COUK1. M.CoughIn, wc`rc gcI|ng -
MR. HALL11-S1LVLNS. 1udgc, !`m gong to objcct.
1HL COUR1. Wc`rc gcttng nto arcas that arc rrclcvant n
tcrms ot what prccptatcd n spcccs, thc bass tor thc scckng and
obtanng ot an Ordcr ot Lvcton.
! thnk thc rcIcvant and rpc arca n ths casc s thc notcc ssuc.
M.COUGHL!N: AIrght.
1HL COLR1. And ! thnk you wcrc cxplorng that, but t
docsn`t nccd to bc cxpIorcd tor an hour. ! t you want to ask somc gucstons
rcIatcd to that, thc Cour| s ntcrcstcd n hcarng your gucstons, and
rcsponscs ot ths wmcss.
MR. COUGH!N: Ycs, sr, Your Honor.
1HL COUR1. ! mcan M.Bakcr.
BY M. COUGHL!N:
'
Was thc tcnant wacd to Icavc thc propcrty?
M.HAZLL11-S1LVLNS. 1udgc, !`m gong to objcct as to
vagucncss. Whcn was thc tcnant wacd? What datc arc wc taIkng about?
1HL COUR1. Wc`rc taIkng thc tcnant. Who arc wc taIkng
about? And was thc tcnant wacd by who to Icavc thc propcrty?
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Lct`s bc spccc n thc gucston. l bc|cvc you`rc rctcrrng to
yourscIt that -to ask that gucston by whom and whcn - somconc dcntcd
as thc tcnant may havc bccn askcd to Icavc thc propcrg and wacd to Icavc
thc propcrty.
MK. COUGHLlN. Ycs, sr, Your Honor.
BY MB COUGHLlN:
Q By whom and whcn was cthcr l, or anyonc cIsc, IcgaIIy
dccmcd to bc thc tcnant, wamcd to Icavc thc prcmscs?
1HL COUK1: And thcn to thc cxtcnt you can answcr that, Mr.
Bakcr, answcr t. lI you can`t, don`t.
1H WTSS. l can answcr t, sr.
1HL COUK1. Okay, thank you.
1HL WJSS. 1hc rst two notccs wcrc scrvcd on you on
August ZZ"", Z! ! . Onc oI thosc was a 5-day notcc that wamcd you that t
you dd not pay your rcnt wthn vc days you wouId bc cvctcd.
M COUGHLlN: Objccton, Your Honor, rclcvancy. Whcn onc
has a IcgaI rght to bc somcwhcrc -
1HL COUK1: You askcd thc gucston. Hc`s gvng thc answcr.
lt you arc gong answcr (sc) opcn cndcd gucstons on cross-cxamnaton,
you`rc stuck wth thc answcr.
You can answcr that gucston, M. Bakcr. Go ahcad.
1HL W1SS. Jank you, sr.
1hc sccond otthosc notccs was a J0-day no causc that gavc
you J0 days. And what that notcc dd was that t toId you that your tcnancy,
your month-to-month tcnancy, was bcng tcrmnatcd as oI that tmc.
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So, you had through somctmc n thc mddIc to thc cnd ot
Scptcmbcr to vacatc undcr that notcc.
1hc way t works s aRcr thc J days has run, thcn wc scrvc
you, and wc scrvcd you wth anothcr 5-day Notcc ot LnIawml Octancr.
1hat was your thrd wamng.
1hcn wc had our hcarngs on Octobcr J'" and Octobcr 25'.
At thc cnd otthat hcarng, at approxmatcIy 5.00 on Octobcr 25',1udgc
Stcrrazza toId you, and toId mc and cvcryonc cIsc n mc Court, that thc
cvcton had bccn grantcd, and that you had through Octobcr J at 5:00 p.m.
1hat was your tourth wang.
Ahcr that, wcII - that was your tourth wang.
BY M COLGHL!N.
Q So, whcn you`rc sayng 'ang, arc you sayng upon
thc orgnaI wamng n August that taIng to Icavc at that tmc wouId havc
justcd a crmnaI trcspass prosccuton at that tmc?
M+ HAZLL11-S1LVLNS. 1udgc, t caIIs tor a Icgal
concIuson. Objccton.
1HL COLK1. Sustancd. 1hs wtncss cannot answcr that
gucston. 1hat docs call tor a IcgaI concIuson.
1HL W!1NLSS. You wcrc aIso wacd on Octobcr 21''whcn !
cmaIcd you thc proposcd Ordcr.
BY M= COLGHL!N.
Q And whcn you say 'acd, wamcd to do what and by
whcn?
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A Your gucston was wcrc you cvcr wamcd that you wcrc
gong to bc cvctcd, so ! Ihnk that`s why.
Q No, t wasn`t. !t was, 'crc you cvcr wacd to Icavc
thc prcmscs? ! kccp rctcnng to a crmnaI trcspass statutc, and you kccp
rctcrrng to cv| cvcton statutcs.
1HL COLK1: Lstcn, ! don`t want to havc an cngagcmcnt
bcIwccn thc wmcss and thc Octcndant.
l want you to answcr gucstons. ! can !gurc ths stuHout up
hcrc. ! wasn`t -!`vc bccn dong ths tor vc ycars.
You`vc askcd somc mpor|ant gucstons, M.Cough|n. !
don`t know t you`rc gong to rcaIIy hcIp yourscII anymorc by askng any
morc gucstons !rom ms wtncss. Ithnk Mr. Bakcr has tcstcd to thc bcst
ot hs ab|ty about what hc knows, and ! thnk that`s aII hc can tcst| to.
M. COLGHL!N: AIrght, thank you, Your Honor.
1HL COLK1. You madc somc hcadway, and t`s probabIy a
good tmc to stop unIcss you havc somc oIhcr drcct, rc|cvant gucstons
rcIatcd to hs drcct cxamnaton.
M. COLGHL!N: No, sr, Your Honor. 1hank you.
1HL COL1: Okay, M.Haz|ct|-Stcvcns?
M. HAZLL11 -S1LVLNS. No rcdrcct, Your Honor.
1HL COLK1: 1hank you vcry much. ! apprccatc t. A|rght.
MK. HAZLLJ-S1LVLNS: Your Honor, thc CIy rcca||s M.
Kchard HII to thc stand.
1HL COLK1: AIrght, M.Hll. May ! rcmnd you you`rc
undcr oath? 1hank you.
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1HL COK1. Alright, go ahcad, M.Hazlctt-Stcvcns.
M. HAZLL11-S1LVLNS. 1hank you, 1udgc.
H-HL1 AAmDA1LD L mH. M
Y mH. MAZ11-b1VDb.
'
Mr. HII, l`m going to now draw your aIIcnIon to Ihc
datc ot Novcmhcr J'", Z . o you rccaII that day?
A Ycs, sr.
'
What wcrc you doing Ihat day? Wcrc you workng?
A WcII, thc cIcnt s om CaItoma, and hc had contactcd
mc and said hc had wantcd to comc up and inspcct thc housc and scc whaI
kind ot damagc had hccn donc Io it.
'
Okay.
A And wc`d madc arrangcmcnIs tor him to comc up. !
had rcporIcd to him that somchody had hccn hrcakng into thc housc.
' Okay, how do you know that?
A WclI, M.Bakcr was oH, as hc aIrcady tcsti!cd, on
Icavc durng thc Imc IhaI thc cvcton actually camc down.
Hc camc hack Iong cnougto do Ihc cviction.
'
Okay.
A And hc and my wtc camc hack. 1hcy lc thc kcys at
thc oHcc, and ! dctcrmincd thaI undcr thc crcumsIanccs, thc prudcnt thng
to do was to go ovcr and vdcotapc thc propcrIy.
' Okay.
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l A So thc ncXt day, ! took a young kd, a hgh school kd
Z that was workng tor us, and hc and ! wcnt ovcr to thc housc, vdcotapcd.
J Wcnt up to thc hont door, and thc notcc was stII tapcd to thc tront door.
4 UnIockcd thc hont door, wcnt n, and most ot thc wndows
wcrc unlockcd, and |hc back door was unlockcd. So, wc sccurcd cvcryIhng
and ! wcnt back to thc oHcc, and ! rcad my sta thc rot act. ! sad, "Od
1 you sccurc ths pIacc?` And ! was ntormcd that propcr proccdurc was
8 tolIowcd, that aII thc doors wcrc lockcd, aII thc wndows wcrc Iockcd, and
9 that causcd mc a lttlc bt ot conccm.
So, a day or so la|cr, Iwcn| back. And my rccollcc|on s ma|
I I at that pont n tmc, thc Lvcton Notcc was stII up. Wcnt n and somc oI
Z thc wndows that ! had lockcd pcrsonaIIy wcrc unIockcd. Somc ot thc thngs
J n thc housc had bccn movcd around, and thc back door was unlockcd agan.
I4 So, that causcd mc somc conccm as to pcrhaps somcbody was
gc||ing n. And rcla|cd |ha| |o |hc clcn|. And a| |ha| pon|, was cmalng
I Mr. CoughIn tcIIng hm that M.Bakcr was o!I on vacaton, and hc was
I 1 gong to havc to dcal wIh mc n tcms ot gcttng hs stuH out. Wc wantcd to
I 8 gct hs stutt out. And ncvcr got any rcsponsc trom hm.
I 9 1umng now to that Sunday, thc cIcnt madc arrangcmcnts to
mcc| mc a| my oHcc. Wc thcn wcn| ovcr |o thc propcrty. By |ha| |mc, |hc
Z notcc had bccn takcn down otthc tront door.
ZZ Wc wcnt n, and oncc agan, thc onc par|cular wndow on thc
ZJ north sdc was opcn.
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Okay.
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I A Or unIockcd, not opcn. And oncc agan, thc back door
2 was opcn, and ! notccd thcrc was a tood wrappcr on thc countcr that had not
J bccn thcrc thc Iast tmc ! was n.
4 And thc cIcnt was rathcr dstrcsscd at thc condton ot thc
5 propcrg. 1hc caqct had bccn rppcd up and put on thc Iawn. 1hc doors
6 wcrc takcn oH.
1 M COUGHL!N: Objccton, Your Honor, rcIcvancy.
8 1HL COUK1. !`m gong to sustan that objccton. ! thnk wc`rc
9 gct|ng out to an arca agan, ncIcvant.
I O M4 HAZLL11-S1LVLNS. 1hat`s !nc.
I I 1HL COUK1: ! apprccatc t, but !`m gong to sustan that, M.
I 2 CoughIn. Lct`s movc on, N. HII, to what wc thnk arc thc rcIcvant ssucs
rcgardng notcc and what happcncd whcn you got thcrc on thc
__ta
,
1HL W!1NLSS. Okay.
1 COUK1. 1hank you.
I 6 BY M4 HAZLL11-S1LVLNS.
I 7 Q And what dd happcn whcn you got thcrc on thc
_ _,
acr you nspcctcd thc propcrty?
A At that pont n tmc, thc cIcnt sad, "WcII, ! want to
chcck thc bascmcnt. ! sad, Bascmcnt?
2 I And thc bascmcnt cntrancc was outsdc thc Iockcd back door
22 on thc porch. And wc wcnt around out thc back door to go down thc
starcasc, and thcrc wcrc tooI boxcs oI -Ikc smaII sutcascs, boxcs, stackcd
n thc starwcII that wc had to pck up and movc to gct out ot thc way so wc
couId gct down thc stars to go to scc what was n thc bascmcnt.
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Wc na||y got aII that stutt out ot thc way, havng to wa|k
through aII ot thc stuH that was on thc porch.
Anyway, thc cIcnt gcts down to thc bottom otthc stars. ! was
or 4tcct bchnd hm, and hc pushcd on thc door, and ! couId scc that thc
door was movng, but t was barrcadcd. And hc tumcd to mc and sad, "!t`s
barrcadcd hom thc nsdc. l sad, "Okay, that`s t. Lct`s go upstars.
Wc wcnt upstars. Wc caIIcd thc poIcc. 1hcy arrvcd about
l 0 mnutcs Iatcr. 1o|d thcm what thc probIcm was. 1hcy wcnt down. !t
was a Iady scrgcant. ! bc|cvc hcr namc was Lopcz, and an oHccr. ! don`t
rccaII hs rank. ! bcIcvc t was Cartcr.
1hcy wcnt down, and bangcd on thc door wth thcr
nghtstcks. Wc wcrc prctty surc who was nsdc. Odn`t know tor surc.
And ! sad, "Comc on out, Zach. Nothng. "Comc on out, Zach. Nothng.
And that wcnt on tor 2or mnutcs. And thcy spcclicaIIy
dcntcd thcmscIvcs as thc poIcc. 1hcy sad, "Wc|I, that`s t, wc`rc gong
to |cavc. And both Or. Mcr|ss and ! sad, "What do you mcan? 1hs guy
s n hcrc. Somcbody s n hcrc crmnaIIy trcspassng. Wc nccd to know
who t s and gct hm out ot hcrc. And thcy sad, "Wc||, wc'rc not gong to
brcak down thc door.
So, Or. McrIss wcnt down thc stars, and hc`s thc onc that
kckcd thc door opcn. Brokc thc door n thc proccss. Hc thcn camc up. Onc
ot thc poIcc oHccrs wcnt down wth hs gun drawn, lIashIght tumcd down,
and thc rst thng ! hcard was, "Show mc your handsl Show mc your handsl
Comc towards mc.
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I And ! don`t rccaII at that tmc whcthcr M. Coughln dcntcd
2 hmscII or not. Wc thcn procccdcd upstars, and M.CoughIn thcn camc
J upstars on hs own. Hc was wcarng a par ot pajamas, and a t-shrt, and I
4 thnk a par oI slppcrs.
5
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Okay, so your tcstmony, Ict`s brcak ths down just a
6 lttIc bt.
7 A Okay.
8
'
Jmyou tor tcsti|ng as to that. Now, on Novcmbcr
I 6 Okay, and you`vc sccn prcvous tmcs thc Notcc ot
I 7 1rcspass, or cxcusc mc, thc lndngs ot lact and ConcIusons ot Law tapcd
I 8 on thc door n prcvous tmcs at I 2I Kvcr Kock?
I 9 A And Iwll aIso tcII you that ahcr ! star|cd to scc that
2O somcbody was nsdc, ! Ic an addtonaI copy on thc cottcc tabIc or
2I whatcvcr t was n thc Ivng room.
22
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Okay, and thcn you naIly go back on Novcmbcr I J
s
2J wth your cIcnt, M.McrIss?
24 A Lh-huh.
25
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' GoinIothoproporty,godownIothobasomonI,anddid
Z yousooN.Coughlinthoro?
J A InIhobasomonI,no,no. ThopolicotoldustocloarouI
4 whonIhoywonIthroughthobrokonthroughdoor. I' dnovormoIorsoonN.
CoughlinupunIilthattimo.

' Okay.
1 A HocamoupouIoIIhobasomontintoIholivingroom.
8
' Thankyou.
A WorohowasplacodundorarrosI.
l
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Okay,anddidyouactuallysooM.Coughlinintho
I I livingroomatthathouso?
I Z A IsawhimcomoupoutoIthosIairs,walkIhroughtho
I J stairwayonthoporch,throughthokitchon,andintoIho livingroom.
I 4
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AndisthatporsonyoujusIdoscribodthoporsonsitting
I 5 inIhisCourtroomhoroIoday?
l A IIwasZachCoughlin,absoluIoly.
I 1
' Andyouknowhimnow?
l 8 A Oh,yos.
'
AndholookssubsIantiaIIysimilarIodayashodidon
Z Novombor I 3'

,2OI I?
ZI A Yoah.
ZZ
' Roughly? AbsonIthopa|amasyoutosIiodIo?
ZJ A Right.
Z4 M.HIEJT-STEVENS. YourHonor, IwouldlikoIho
rocordtonotoIhoidonIicaIionoIthoDoIondanI.
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1HL COLK1. HwII notc thc dcntIcaton ot M. CoughIn.
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1hank you.
M HALL11-S1LVLNS. 1hank you.
BY M4 HAZLL11-S1LVLNS.
Q So, trom your tcstmony, M.CougIn was n Z
Kvcr Kock?
A Oh, ungucstonabIy. Hc was Ivng n thc bascmcnt.
Q Okay, now !`m gong to draw -
M COLGHL!N. Objccton, Your Honor. ! don`t bcIcvc that - t
msstatcs pror tcstmony.
1HL COLK1. !` m gong to sustan that objccton to thc cxtcnt
that hc sad hc`s Ivng, but thc tact hc was n thc propcrIy, and dcntcd by
M.HII as parI ot thc rccord.
M4 COUGHL!N. And turthcr, Your Honor, t`s not just to thc
cxtcnt to whch hc sad hc`s lvng. M.HII has not IcsIIcd that hc saw M.
CoughIn n thc bascmcnt.
1 1HL COLK1. M.Hll tcstcd that hc saw you comc up thc
8 stars nto thc ktchcn, nto thc Ivng room. 1hat`s what`s bccn tcstIcd to.
MK. COLGHL!N. Kght, hc ddn`t scc M.Coughln n thc
Z0 bascmcnt.
Z 1H COLK1. 1hat`s Inc. ! thnk Mr. Hll tcstcd to that, and
ZZ thc CourI knows that. 1hank you.
ZJ M.HazlctI-Stcvcns?
Z4 BY M4 HAZLL11-S1LVLNS:
Q Mr. HII, dd you actuaIIy cxamnc thc bascmcnt?
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\ A Oh, acr M.Coughln was takcn by thc poIcc wc dd,
Z ycs.
J Q Ycs, okay, wha\ dd you I)nd n thc bascmcn\?
4 M4 COLGHLlN: Objccton, Your Honor, rcIcvancy?
1HL COLR1: Okay, l`m gong to sustan that objccton. l
don`t thnk thc Court rcally nccds to know what`s n thc bascmcnt at ths
1 pont. l thnk t provdcs vcq IttIc vaIuc to thc Court what`s n that
8 bascmcnt, unIcss you want to makc an oIIcr ot proot.
M HAZLL11-S1LVLNS. 1udgc, ! wouId lkc to makc an
oHcr ot proot on ths ssuc. lt`s actualIy mportant bccausc t cstablshcs - t
cstablshcs that hc was lvng n that bascmcnt, and that gocs to both notcc,
\ Z omcrwsc hc would bc occupyng thc cntrc propcr|y, not just thc bascmcnt
ot|hc propcrty, so t gocs to notcc as to whcthcr or not hc kcw hc was
4 cvctcd hom mat propcrty, or c|sc hc wouId bc occupying mc cn\rc housc,
not just thc bascmcnt.
So, ! thnk t`s rcIcvant what was n that bascmcnt and thc
condton. l`m taIkng about what knd ot lvng matcral was n that
8 bascmcnt. Not boxcs and that knd ot stutt as to hoardng or anythng lkc
that.
But l thnk t`s rcIcvant and t`s to thc ssuc ot notcc.
1HL COUR1. Okay, ! apprccatc that. M.Coughln`s
ZZ objccton s sustancd.
Z3 BY M= HAZLL11 -S1LVLNS.
Q So, you saw M.CoughIn n hs pajamas?
A Ycs.
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' And slppcrs?
A Ycs.
M+ COLGHL!N. Objccton, Your Honor, rcIcvancc.
1 COLK1. !rrcIcvant to what?
MK. COLGHL!N. ! don`t know what sIppcrs or pajamas havc to
do wth -
1HL COLK1. 1hat objccton wlI go to thc wcght ot thc
cvdcncc, not thc admssbIty. !`m not surc what dttcrcncc t has. !t`s
bccn tcstcd to. !t`s n cvdcncc, and !`II gvc t whatcvcr wcght ! dccdc
to gvc t - gvc to t, whch won`t bc much, at Icast not what you wcrc
wcarng.
Go ahcad, Mr. HazIct|-Stcvcns.
MK. HAZLL11-S1LVLNS. ! havc no mrthcr gucstons, Your
Honor. 1hank you.
1HL COLK1. AIrght, M.Coughln, any cross-cxamnaton
rcIatcd to what Mr. HII has tcstcd to?
Mo COLGHL!N. Ycs, sr, Your Honor, and !`ll tq to kccp t brct
1HL COLK1. 1hat would hcIp thc Court.
MK. COLGHL!N: Ldt t down.
1HL COLK1. Kccp t brct, and wc kccp t spccIc. ! thnk
that`s n your bcst ntcrcst.
///
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H-LHLbb AAmDA11LD
Y mH. LL1LML1D!
' 1ust quck|y, Mr. HII, you said Or. McrIss, had hc
prcvousIy nspcctcd thc propcr|y at any tmc bctwccn Novcmbcr I ` and that
day, Novcmbcr IJ', whcn you sad hc camc up?
A Not to thc bcst ot my know|cdgc.
'
Oocsn`t Hsay hc dd n a poIcc rcport you and Or.
McrIss -
N. HAZLL11-S1LVLNS. 1udgc, l`m gong to objcct as to
hcarsay. 1hcrc`s no poIcc rcpor|, and thc po|cc rcpor| s hcarsay, !udgc.
1HL COLK1: l` m gong to ovcrruIc thc objccton. You can ask
that gucston, M.CoughIn. l`m not surc what rc|cvancc t has, but go
ahcad.
1HL Wl1NLSS. Can you say that agan, pIcasc?
W. COLGHL!N: lsn`t thcrc somc sgncd wr||cn documcnt, ciIhcr
n onc ot your Motons tor Ordcr to Show Causc or your Frotccton Ordcr
AppIcaton, or onc ot your |ct|crs to thc Statc Bar, or onc ot your poIcc
rcports, whcrcn you rcport on Or. Mcr|ss`s bcha|t that hc was thcrc at thc
propcr|y approxmatc|y a wcck pror to thc arrcst on thc IJ'

, and hc, Or.


McrIss, notccd thngs had bccn changcd?
A No, l ddn`t. l was n thcrc scvcraI tmcs durng that
pcrod ottmc, M.CoughIn, and l kcpt notcng thngs bcng movcd
around, and windows and doors mat l` d Iockcd, spccicaIIy, thc back door,
kcpt bcng unIockcd.
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1 Q And you ncvcr madc any statcmcnts that Or. McrIss
Z had notccd that?
J A Not to thc bcst ot my knowIcdgc. Wc had thc kcy.
4 Q And Or. Mcrlss had ncvcr madc such statcmcnts?
A ! havc no dca what hc may havc sad, M.Coughln.
Wc had thc kcy.
1 Q Wcll, !`m talkng about thngs your oHcc has Icd.
8 A But tor somcbody brcakng n, thcy would havc had to
go through us to gct thc kcy. And !` m unawarc ot Or. McrIss havng
contactcd us --
I I Q Was thcrc somc sgn ot-
Z 1HL COLK1: Hang on, hang on, hang on.
J N. COLGHLlN. !`m sorry.
4 1HL COL1. ! would Ikc Mr. HlI to !nsh hs gucston you
askcd. Lct hm nsh thc gucston, and thcn you can ask anothcr gucston.
I Go ahcad.
I 1 THL W!1NLSS. 1o thc bcst ot my knowIcdgc, Or. McrIss had
I 8 not bccn n town durng that pcrod ot tmc. Hc madc a spccal trp up on
that Sunday tor that puqosc.
1HL COLK1. Mr. CoughIn, ncxt gucston?
ZI BY N. COLGHL!N:
22
Q You mcntoncd somc brcakagc?
A No.
24 Q Brcakng -wcII somcbody, you sad somcbody had
bccn brcakng n?
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A Ycs.
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' What was thc brcakagc?
J A Not brcakagc, sr. Brcak n. Brcakng n. Lntcrng a
4 cIoscd spacc. You apparcntIy had gurcd out how to jmmy thc back door
opcn, and kcpt comng n and out through thc back door.

' Was thcrc somc sgn ot brcakng?
1 A No, but t was obvous that you had bccn -you had
8 somc way to gct that back door opcn.

'
Why do you say mc?
l A WcII, you wcrc Ivng n thc bascmcnt.
I N. COLGHL!N. Objccton, rcIcvancc.
l Z 1HL COLK1. WcII, wat a mnutc. You askcd thcsc opcn-
l J cndcd gucstons, M.CoughIn. And whcn you answcr thcm - Mr. HII s
l 4 cnttlcd to answcr thosc gucstons. You may not agrcc wth thc answcr. But
Mr. HII, you can answcr that gucston.
1HL W!1NLSS: 1hank you. ! kcpt ndng tood wrappcrs on thc
\ 1 countcr whcn !` d comc n.
8 BY N. COLGHL!N.
I
'
Okay, dd thcy havc my namc tag on thcm or
Z somcthng?
Z A Not that ! saw.
ZZ
'
Okay, but you arc tcstqng hcrc undcr oath that thcy
wcrc my papcr wrappcrs?
A No, sr. ! sad thcrc wcrc tood wrappcrs, and you wcrc
Ivng n thc bascmcnt.
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' Okay, tthat`s truc that ! was Ivng n thc bascmcnt,
Z how long wcrc you awarc ot that?
J A ! bccamc awarc ot t on Sunday whcn you wcrc tound
4 down thcrc, as ! havc tcstlcd. ! dcduccd that you wcrc Ivng thcrc whcn
5 aRcr you wcrc takcn away.
Or. McrIss and Iwcnt downstars and what wc tound -wc
1 tound jugs ot watcr. 1wo and a haIt gallon jugs ot watcr. 1hcrc couId havc
8 bccn J or 6ot thosc.
You had a hot pIatc. You had a mcrowavc. Wc had
ntcrruptcd your brcaktast. 1hcrc was a haIt catcn bowI ot oatmcaI on thc
tablc. You had a bcd down thcrc suspcndcd n onc ot thc comcrs wth
Z computcr scrccns sct up. You had your computcr sct up. You had
J automobIc scats.
4 At a latcr tmc, ! countcd I J automobIc scats, ncIudng what
somcbody dcntcd as thc hont bcnch scat out ot a Bronco.

'
How do you know that ths wasn`t -you mcntoncd you
tcIt thc tcnant was a hoardcr, how do you know aII ths stutt wasn`t thcrc tor
months?
A WcIl, sr, you wcrc down thcrc. ! torgot to mcnton
whcn you camc up you had your dog wth you.
1hcrc was dog tood down thcrc, dog watcr bowI that had
watcr n t. ! notccd that thcrc wcrc papcrs thcrc that pcr|ancd to thc
cvcton. ! notccd cnvcIopcs wth my rctum addrcss on thcm out sucwn
about down thcrc.
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'
Woll,howlonghadIhaIovicIionboongoingonaIIhaI
poinI?
A Mr.BakorIosIiodIhaIhoboganinlaIoAugusI.
'
Thon?
A So,homlaIoAugusIthroughSopIombor,mrough
OcIobor,andnowinIomid-Novombor.
' DidyouovorrocoivonoIico,anyomailsthaIyou
purportodIosondIoIhoIonanI,wouldbooithorblockodornoIrocognizodas
anaccopIodIormoIcommunicaIionoIsorvicobyyouIromIhoIonanI?
A Yos,youwou|domailus,andmonrospondandsaythaI
youwouldnoI accopIomailsorvico. ThaIwasIhoonlywayIhaIwocould
communicaIowiIhyou.
'
WhydoyousaythaI?
A Bocausoyou`dcallupandharassmysIa0andIhon
hangup. Wohadnoaddrossfor youaIthaIpoinIinIimo. Wodidn'Iknow
whoroyouworo.
'
DoyouknowwhoIhorornoIaforwardingaddrosshad
boonlod?
A ! knowthaIonohadnoIboonprovidodIous.
'
Okay,buIdoyouknowwhoIhorornoI, sayIhoUniIod
SIaIosPosIalSorvicohadaIorwardingaddross?
A ! wouldn'IhavoanyidoawhaIyoudid,sir.
'
AndwhaIabouIIhoIonanI` sIax numbor?
A WhaIabouIiI?
'
DidyouovoruIilizoIhaI?
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1udgc, !`m gong to obj cct.
I 4
I A !` m sorry?
2 Q You mcntoncd you had no way ot contactng thc tcnant
J (naudbIc) tax numbcr, dd hc not?
4 A ! don`t know.
Q You don`t know whcthcr thc opposng attomcy n a
6 ltgaton whcrcn you bIIcd $60,000 and not havc a tax numbcr?
7 1HL COLK1: M.CoughIn.
8 M HALL11-S1LVLNS.
9 1HL COLK1. !t`s argumcntatvc. !t`s bccn askcd and
answcrcd, and ! thnk t`s rrcIcvant. ! mcan, Ict mc tcll you, you can go on
I I and ask gucstons that wcrc rascd on thc sccond tcstmony, but agan, thc
I 2 ssucs rcgardng notcc and thc prcscncc otthc propcrty sccmcd to bc
I J rcIcvant to thc ssucs n ths casc that havc bccn tcstIicd to, and whch !
thnk arc rpc tor cross-cxamnaton.
But t just comcs to an cnd as t gcts cIoscr (naudblc).
I 6 M4 COLGH!N: Okay, Your Honor.
I 7 BY M COLGHL!N:
I 8 Q So you wcrc unawarc thcrc was a bascmcnt on thc
I 9 propcrty?
A Corrcct.
2I Q Okay, and you wcrc - wcrc you puqortng to chargc
22 somc mll rcntaI vaIuc ot $900 a month undcr a thcory that you wcrc cnttlcd
2J to do so, and asscrt a Icn tor thc rcasonabIc storagc, movng and nvcntoq
24 ot cxpcnscs?
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2J BY MK. COLGHLlN.
N HAZLL11-S1LVLNS. 1udgc, !`m gong to objcct to
Z rc|cvancc.
J J COLK1. 1hat`s sustancd. !t`s not rc|cvant, M.
4 Cough|n.
N COLGHL!N. Your Honor.
J COLK1. !t`s not rc|cvant.
1 MK. COLGH!N. ! undcrstand that, Your Honor, wth rcspcct to
8 thc |cn. But wth rcspcct to whcthcr or not hc was puqor|ng |o chargc m||
rcnta| va|uc, I bc|cvc that mght bc rc|cvant.
1HL COLK1: ! thnk t`s rrc|cvant. Whcthcr or not somconc -
I what`s rc|cvant n ths casc s a|| thc procccdngs n thc 1ustcc Court rc|atcd
I Z to thc cvcton, thc prcscncc ot thc partcs at thosc procccdngs, thc |ocaton
J ot you on thc prcmscs on Novcmbcr
__:-
I 4 1hosc arc a|| rc|cvant tcms tor ths Court.
N= COLGH!N: And hcrc`s what ! mcan by that, Your Honor. !t
somconc s cvctcd, but thcn thc |and|ord |atcr acccpts a rcnt, thc cvcton s
I 1 wthdrawn, and thcy havc to go through thc who|c thng agan.
I 8 So, ! Icc| Mr. H|l s sayng -
1HL COLK1. And you can ask M.H|| thosc typcs ot
gucstons, whcthcr or not thc cvcton was wthdrawn, whcthcr or not any
Z I paymcnts wcrc madc acr thc tact, and hc can answcr thosc, thc can
ZZ answcr thosc. Hc may not bc n a poston.
Q M.H||, dd you, or anyonc wth your oHcc cvcr
ndcatc to thc tcnant that you wou|d bc chargng thc samc amount, thc samc
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$00 pcr month that was prcvously chargcd tor a mII usc and occupancy ot
thc prcmscs to thc Icnant durng ths pcrod ot tmc?
A Mr. CoughIn, as you wclI know, Ihc IandIord s obIgcd
to carc tor Ihc Icnant`s posscssons tor J0 days.
N COUGHL!N: ObjccIon, non-rcsponsvc.
1H COUK1. 1o thc cxtcnt, ! agcc wth M.CoughIn. Hc
askcd a gucston, Mr. Hll. Scc t you can tocus n. ! know thcsc gucstons
arc somctmcs opcn-cndcd. Scc t you can answcr thc gucston wthouI
any -
1H W!1NLSS. !`ll do what ! can.
1H COUK1. !`m not surc ! nccd a Iot ot cdIoraI commcnI
trom anybody n ths casc Io comc to Ihc rght concIuson undcr thc Iaw and
Ihc tacts. But do your bcst to answcr that gucston.
1HL W!1NLSS. M.Coughln, ! bclcvc thc corrcspondcncc was
drcctcd Io you to thc cttcct IhaI bccausc otIhc guanIIy ot matcraIs lch
bchnd aI thc propcr|y, wc couId not cHccnIIy movc I out. And thcrctorc,
sncc you wcrc, n cttcct, occupyng thc whoIc pIacc, wc tcII that thc tar
storagc tcc was Ihc rcnt, ycs.
BY N+ COUGHL!N.
'
So Ihc Jll rcnIaI valuc ot thc propcrty?
A Ycp.
'
!s Ihat Ihc samc as what was chargcd pror to Novcmbcr
l "?
A I bclcvc so.
'
$900 a month?
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A ! bcIcvc so.
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Okay, and so you just tcstcd, "Wc bcIcvc that sncc
J you wcrc occupyng thc propcrty, wc wcrc justcd n chargng you thc samc
4 amount, $00 a month, that wc chargcd you pror to Novcmbcr
_ s,-
A No.

' Wcll, you dd say --
1 A You wcrc not --
8
' -- just you wcrc cHcctvcIy occupyng thc propcr|y.
You dd say that, concct?
A Your posscssons wcrc thcrc, M.Coughln.
l
' But that's not what you just sad. Now you`rc sayng
Z that.
J 1HL COLK1. M.Coughln, you can ask gucstons, but ! don`t
l 4 want you to cntcrtan any argumcnt, any argumcntatvc commcntary wth
any ot thc wtncsscs.
l N COLGHL!N. Okay.
1 1HL COLK1: Go ahcad and ask anothcr gucston. ! can hcar
l 8 thc gucstons. l can hcar thc wtncss`s rcsponsc. ! don`t nccd anybody to
l 9 arguc wth thc wtncss to makc a pont .
N.COLGHlN: Ycs, sr, Your Honor.
Z BY N COLGHLlN.
ZZ
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So, carIcr you tcstcd that you and Or. McrIss
pcrccvcd that thc door was barrcadcd, and you sad, "1hat`s t, and you
Z4 wcnt and caIIcd thc polcc, corrcct?
A Ycp.
Pagc - 1-
And thcn thc poIcc bangcd on thc door wth thcr
4 And thcy sad, "Comc out Zach.
1hcy sad, 1hs s thc poIcc. Comc out Zach.
I And thcn thc po|cc - onc oI thc occrs actuaIIy - dd
I I hc cImb ovcr thc brokcn door and actuaIIy stcp Ioot n thc bascmcnt?
I Z A No.
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Hc ncvcr stcppcd Ioot n thc bascmcnt?
4 A My rccoIIccton s that hc rcachcd around thc comcr
wth hs gun drawn and hs ashIght out. Hc may havc stcppcd through.

'
Okay, and hc sad somcthng to thc cIIcct oI, "Comc
A
'
drccton?
ZI A Ycah, you camc upstars wth your dog.
ZZ
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So, whcn dd anybody wam thc tcnant to Icavc?
ZJ A !n addton to what M.Bakcr toId you, ! had scnt you
Z4 an cmaI tcllng you that you wcrc not authorzcd to bc on thc propcrty.
Z
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You sad an cmaI, and you tcstcd carIcr thaI you
Z wcrc to|d Ihat cmaIs wou|d noI bc acccpIcd hom you or wouId not bc
J c!Icctvc Iorms oI scrvcc?
4 A Ycah, cma|s wIh you wcrc a onc way strcct.

'
WhaI`s that?
A !t was a onc way sIrccI dcaIng wIh you.
1
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Okay, so you wcrc puI on notcc that cmaIs wcrc not an
8 c!Icctvc mcans oI communcatng anythng Io Ihc tcnant?
A !I ddn`I sccm IhaI way bccausc !` d gct rcsponscs
occasonaIIy.
Q Okay, buI on ths day n gucston, Novcmbcr I1',!`vc
hcard you IcsIq abouI you and .Mcr|ss asccrtancd thaI thc door was
barrcadcd, and mmcdatcIy you wcnI and caIIcd thc po|cc, and Ihcn Ihc
poIcc camc and bangcd on thc door wth a nghIsIck, and say, Comc ouI,
Zach."
But ! havcn` I hcard anythng whcrcn thc rcIcvant provsons
oIKMC . l U.U+U -
N HAZLL11-S1LVLNS. 1udgc, ths s argumcnIaIvc.
1HL COLK1: M.CoughIn, you arc awarc IhaI you can ask
Z Mr. H|| gucsIons to thc cxtcnt hc can answcr Ihcm, hc can answcr Ihcm.
Z But Ihs s argumcntativc n thc IcgaI scnsc, not n Ihc IacI you`rc argung
wIh hm. ZZ
ZJ N= COLGHL!N: Kght.
Z4 1HL COLK1. !t docs no good Ior thc CourI Ior you to havc a
Z narratvc qpc oI argumcnI.
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M. COLGHLlN. l apoIogzc, Your Honor.
1HL COLK1. Whcn Mr. H|l s hcrc to ask somc gucstons that
l thnk you`vc cxpIorcd thc possbltcs, and l don`t know what cIsc you can
ottcr thc Court n tcrms ot ths casc va cross-cxamnaton.
M. COLGHLlN. Ycs, sr, Your Honor. l`II wrap ths up guckly.
BY M. COLGHlN.
'
Mr. HII, at any tmc on that day, Novcmbcr ", dd
thc owncr ot thc prcmscs wam thc arrcstcc to Icavc thc propcrty?
A l thnk thc mcssagc was communcatcd.
' Va what mcdum?
A Thc Iact that you wcrc handcuHcd and arrcstcd. Odn`t
you gct thc pcturc?
' Okay, pror to thc handcuHng and thc arrcstng, dd
anybody say, "You nccd to lcavc thc prcmscs?
A l ddn`t hcar that.
' Nobody sad that?
A l dd not hcar that, sr.
' Od you say t?
A No.
' Od Or. Mcrlss?
A Not that l hcard.
' Od thc polcc?
A No, not that l hcard.
' So, nobody that you hcard ot wmcd thc pcrson
arrcstcd tor ucspassng?
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1HL COLK1. l thnk t' s bccn askcd and answcrcd. !`vc hcard
thc gucston !vc tmcs, and wc`rc gong nowhcrc by answcrng ths. ! thn
you askcd thc gucston that`s rcIcvant. Mr. H|| answcrcd t. Now, movc on
to your ncxt rcIcvant gucston t you havc any.
MK. COLGH!N. AIrght, Your Honor. And ths mght not bc
rc|cvant, but thc othcr part ot mc statutc s somconc taIcd to Icavc ahcr
bcng wacd to do so.
Wc havc tcstmony that thcrc was no wang.
1HL COLK1. You can ask a gucston rght now. 1hs s a||
subjcct to argumcnt Iatcr on. !t`s subjcct to othcr tcstmony, but M.HII has
answcrcd thc gucstons that you sccm to havc answcrcd (sc) that arc
rcIcvant to hs drcct tcstmony.
BY N COLGHL!N.
' Od thc accuscd cvcr taI to Icavc thc propcrg ahcr
bcng wacd to do so?
A You wcrc thcrc.
1HL COLK1. 1o thc cxtcnt you can answcr that wouId bc ycs
or no, M.H|I. Answcr thc gucston so wc don`t drag ths out.
1HL WTSS. ! don`t know that ! can answcr t ycs or no.
1HL COLK1. !t you can`t answcr t, that`s nc.
N4 COLGHL!N. And thcn just guck|y, and `|| wrap ths up,
Your Honor.
BY N4 COLGHLN.
'
Od thc accuscd cvcr say anythng to thc poIcc to thc
cttcct that, "Why wouId you arrcst mc nstcad ot tcIIng mc to Icavc?
Page-I I -
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1 A No.
Z
'
Wa mc to Icavc?
J A No.
4 Oo thc vdcos that you prop
p
undcd to thc Cty Attomcy
'
showcd ust that?
A Idon`t rcmcmbcr.
1
'
Havc you rcvcwcd thc vdcos you propoundcd to thc
8 Cty Attomcy?
V A Not rcaIIy.
Okay, dd thc polcc rcport that you lIcd ndcatc
'
whcthcr or not you wacd thc accuscd to lcavc?
Z A !` d havc to scc t.
J
'
Okay, dd thc poIcc cvcr ask you whcthcr or not you
4 had ndcatcd to thc accuscd that you wouId bc chargng hm thc mIl rcntaI
valuc ot thc propcr|y durng ths pcrod ot tmc?
MK. HAZLL11-S1LVLNS. 1udgc, !`m gong to objcct.
1 J COLK1. !t`s rrclcvant, sustancd.
8 N4 COLGHL!N. Your Honor, IbcIcvc t -
V 1H COLK1. Wc`rc not that docsn`t hclp thc Court wth thc
Z ssucs at aII. !`m ust tcllng you rght now that`s ncIcvant n my opnon.
Z N COLGHL!N. ! t thc cvcton s wthdrawn?
ZZ 1HL COLK1: Objccton s sustancd. You can ask your ncxt
ZJ gucston.
Z+ N COLGHL!N. Ycs, sr. ! thnk ths s my Iast gucston, Your
Honor.
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BY MK. COLGHLlN:
' M.H||, you say thc po|cc -you`rc tcstqng undcr
oath that you`rc surc thc poIcc spcc!caIIy dcntcd thcmscIvcs as poIcc
pror to thc door bcng kckcd down?
A ! am.
' And can you tcII mc spccca||y how -
N HAZLL11-S1LVLNS. 1udgc, l`m gong to objcct as to
rc|cvancc. lt`s not rc|cvant.
1HL COLK1. lt`s rrcIcvant to mc, Mr. CoughIn, what thc
poIcc dcntcd - hc`s tcst!cd thcy`vc dcntcd thcmsc|vcs. 1hcy wcrc
oHccrs on thc prcmscs. What rcIcvancc s t at ths pont to cxpIorc any
Inc ot gucstonng rcIatcd to that tact?
N COLGHL!N. WcI|, It`s somconc wth authorty to wam
somconc to Icavc, that` s onc thng. lt t`s a crazy pcrson outsdc on thc
strcct, sayng, "Comc on out.
1HL COLK1. Ask Mr. H|I a coupIc ot gucstons rcIatcd to thc
poIcc, what thcy wcrc drcsscd Ikc, what thcy askcd whcn thcy showcd up.
You can ask that.
Ne COLGHLlN. l`m sop, l couIdn`t undcrstand what -
1HL COLR1. Go ahcad and ask somc gucstons rcIatcd
to that.
BY Ne COLGHL!N:
' Can you tc|| mc cxact|y what thc poIcc sad whcn thcy
dcntcd thcmscIvcs as poIcc pror to thc door bcng kckcd down?
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A Wotoldthomthatwoworoprottysuroyouworothoro,
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somybostrocolIoctionisthatthoyshoutod,"Comoonout,Zach. Comoon
out,Zach." Wordstothatoffoct.
Irocallhoaringthat,aswollas,"Comoonout,thisistho
polico."
basomont.
'
A
Whondidyouhoar,"Comoonout,thisisthopoIico."
Whonthoyworodownbangngonthodooroftho
'
A
Friortothodoorboingkickoddown?
Yos.
'
A
You'rosuro?
Fositivo.
'
Woroyouvidootapingduringthisporiodoftimo?
A Iwasn't.
'
Youworonotvidootaping?
A Nopo.
'
Atanytimoonthisdatoinquostion?
M.HAZIETT-STEVENS. 1udgo,thatmisstatosthoquostion.
Hosaid,"Woroyoutapingatthistimo?' Hoansworodthatquostion. Ho
Z sad,"No."
Z THECOUT. Askanothorquostion,Mr.Coughln. I'mnot
ZZ surohowrolovantthisis,totollyouthotruth.
ZJ Again, IthinkI'vomadomysolfvorycloar. Youarogotting
far aold. It'snotnocossarilyholpltothoCour|,andyou'romakingan
ultimatoconclusionrogardingthotrospassviolation.
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M COLGHL!N. Hcrc`s my ottcr ot proot, Your Honor, s that t
Mr. HII was tapng, and hc has a tapc ot cvcrythng cxccpt a pcrod whcrc
anybody wams thc accuscd to Icavc, or a pcrod whcrc thc poIcc actuaIIy
dcnt| thcmscIvcs as poIcc, pror to thc door bcng kckcd down, thcn that
wouId tcnd to ndcatc that thosc thngs ddn`t happcn.
1H COLK1. Okay, !`II notc tor thc rccord. Any othcr
gucstons tor M.HII?
MK. COLGHlN. No, sr, Your Honor.
1HL COLK1. Okay, any rcdrcct?
M4 HAZLL11 -S1LVLNS. Ycs, Your Honor.
H-HL1 7AmDA1LD
Y mH. MAZL11-b1VDb!
'
Mr. HII, dd you - brcIIy, dd anyonc n your oHcc
IIc or scrvc a Notcc ot Lntry ot Ordcr ot thc Indngs ot Iacts, ConcIusons
otLaw, (naudbIc) that arc Lxhbt Z ot thc Cty?
A l wouId cxpcct wc dd.
M4 HAZLL11-S1LVLNS. Your Honor, !` d Ikc ths markcd
8 as Cty`s J, pIcasc.
1HL COLK1: M.CoughIn? Show Mr. CoughIn a copy ot
that.
Z MK. HAZLL11-S1LVLNS. Your Honor, may ! approach thc
ZZ wtncss?
ZJ 1HL COLK1: Ycs.
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BY M4 HAZLL11-S1LVLNS:
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Q M. Hll, can you pIcasc takc a Iook at ths documcnt?
!t`s hccn markcd as Cq`s J.
A What`s thc gucston?
Q Do you rccognzc that documcnt?
A Ycs.
'
Can you pIcasc tcII thc Cour| what that documcnt s?
A 1hat s a Notcc ot Lnuy ot Ordcr that l sgncd on
Novcmhcr ". Attachcd s a copy 1udgc Stcrrazza`s Indngs ot Iact,
ConcIusons ot Law and Ordcr tor Summary Lvcton.
1hc Ccr|catc ndcatcs that t was maIcd on Novcmhcr l to
M. CoughIn at hs last known addrcss hy my sccrctary.
Q 1hank you.
M4 HAZLL11-S1LVLNS. Your Honor, I `d movc to admt
what`s hccn markcd as CIy`s J nto cvdcncc.
1HL COLK1. M.CoughIn, any ohjccton to that?
M4 COLGHLIN. Your Honor, l` d just ohjcct n that t`s not sgncd
hy 1udgc Stcrrazza.
1HL COLK1. 1hat gocs to thc wcght, l thnk, ot thc cvdcncc,
not thc admsshlIy. I don`t thnk a Notcc ot Lntry ot Ordcr, I `vc cvcr sccn
sgncd hy a 1udgc. I could hc wrong.
M4 COLGHLIN. Your Honor, thc aI|achcd Ordcr to Ihc Notcc ot
Ln ot Ordcr.
1HL COLK1. You`rc ohjcctng hccausc thc -thc naturc ot
your ohjccton s hccausc hs stamp s on thcrc?
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offorodandpuqortodasboinga-
I 7
MR.COUGHLIN. Hisstamprathorthanasignaturo,andit'sboing
2
J J COURT. AndIaminpossossionofthooriginalFindings
4 ofFact,whicharosignodby1udgoSforrazza,sothoobjoctionisnotodfor
Ihorocordandovonulod. ThoCiIy'sExhibtJisadmiIIod.
M.COUGHLIN. YourHonor,it'snotofforodfor thovoractyof
7 whothorornot1udgoSforrazzaultimatolysignodthat. It'sofforodfor - had
8 hosigodit,ifthoyhavoit,whonthoynoticod-whonthoysorvod,mailod
9 thisNoticoofEntry.
THECOURT. Objoctionisnotod,andExhibit3 isadmiItod.
I I M.HAZLETT-STEVENS. NomrIhorquostions,YourHonor.
I 2 J COURT. AnyquostionsrolatodspociIcally, andonlyto
! J thoCity'sExhibitNo.3,Mr.Coughlin?
I 4 M.COUGHLIN. Yos,sir,YourHonor.
J COURT. That'sthooxtontofN.Hill'stostimony,and
I 6 thonwowill(inaudiblo)thocross-oxamination.
H-LHLbb AAmDA11LD
I 8 Y mH. LL1LML1D!
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N.Hill,isthoOrdorhoroby1udgoSforrazzasignod,
orisitarubborsIampof JudgoSfonazza?
2I A I f yousayit'sarubborstamp,I' lltakoyour
22 roprosontation. That'sthowayitcomosbackomthoCourIwhonthoclork
2J conformsthocort. Youshouldknowthat.
24
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1 COLK1. And tor thc rccord, Ict`s show M. HII Cty`s
Lxhbt 3so hc can answcr that gucston so thcrc`s nothng Ich n thc rccord
as an opcn-cndcd gucston.
1HL W!1NLSS: 1haI has !udgc Stcnaza`s stamp on I, ycs, sr.
BY M COLGHL!N.
'
And s that your typcaI practcc to attach a stampcd
vcrson ot thc Ordcr, rathcr than a photocopy ot thc sgncd vcrson?
A M. CoughIn, up untI wc wcrc abIc to acccss thcsc
onlnc vcry rcccntly -thcsc you can`t through 1ustcc Court, but Ostrct
CourI, tor cxamplc, that`s alI you usuaIIy gct. 1hc cIcrk w|| stamp thc
contormcd copcs that you gct back. !t`s customary.
'
Okay, but do you --
A !t has bccn up untI you couId gct thcm onInc.
'
Okay, was t typcaI tor thc 1ustcc Cour| to tax you a
copy ot thc sgncd Ordcr?
A No, ths was not a typcaI casc cthcr. 1o bc spccc, t
t was taxcd, and ! don't scc anythng on hcrc to ndcatc that t was, ! don't
scc anythng on hcrc to ndcatc that t was, M. CoughIn.
MK. COLGHL!N. Okay, Ihavc nothng rthcr.
1HL COLK1. Okay, any rthcr gucstons?
M.HALL11-S1LVLNS: No mcr, Your Honor.
1HL COLK1: 1hank you. 1hank you agan, M. HIl.
Alrght, any othcr wtncsscs?
Me HAZLL11-S1LVLNS. 1hc Cty rcsts.
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1HL COLK1. Okay, thc Cty has rcstcd, M. CoughIn. Wc arc
now at mnutcs to Z.
l'II gvc you a coupIc optons. ! don`t know tyou ntcnd to
caII any wtncsscs or to tcstq yourscIt. CcrtanIy, as a crmnaI Octcndant
n Ihs casc, you know Ihat you havc a Ihh AmcndmcnI prvlcgc agansI
sclt-ncrmnaton. !t you don`t tcstq, and you clcct to nvokc that Ihh
Amcndmcnt prvIcgc, that s a tact thc Court wII not hold aganst you.
Arc you gong to bc caIIng any wtncsscs ths ahcmoon? Arc
you gong to bc tcstqng? Or would you rathcr takc a lunch brcak and
addrcss that ahcr thc lunch brcak? Bccausc Ithnk t you`rc gong to -
whatcvcr wc`rc gong to do hcrc, wcII, t dcpcnds on what you`rc gong to
do.
So, t`s your tmc to prcscnt any cvdcncc. CaII your !rst
wtncss.
N. COLGH!!N: Your Honor, thc Iunch brcak dca sounds
amcnabIc to mc, t t s wth thc Court.
1HL COLK1. Okay.
N. COLGHL!N: And ths mght bc nappropratc, Your Honor,
but !`m a IttIc bt unsurc ot whcthcr to what cxtcnt - tl choosc to tcstq,
can ! tcstq Io what ! wanI to IcsIq to, and thcn asscrI thc lhh
Amcndmcnt, or s t oncc you tcstq, you havc to tcstq?
1HL COLK1. No, whcn you opcn thc door, oncc you gct up
and tcstq, thc Inc ot cascs wth usc mmunq, transactonal usc mmunty
and dcrvatvc mmunty, oncc you tcstq, you can`t dccdc what you want
to tcstq to.
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You can dccdc what you want to tcst| to, but n my Cour|, l
gvc a grcat dcaI ot lccway to aII parIcs n tcrms ot cross-cxamnaton, as
you`vc sccn, and thc Cty s trcc to ask a lot oI gucstons, ccr|anIy not
rrc|cvant gucstons.
MK COUGHLlN. So, t`s mat|crs tcstcd to on drcct, thc Cty s
aIIowcd to cross-cxamnc?
1HL COUK1. 1hat`s corrcct.
M4 COUGHlN: But thcn thcy can`t caII mc as thcr own wtncss
and ask mc ncw mattcrs that wcrcn`t -
1HL COUK1. 1hat`s a good gucston tor thc Cour|. l don`t
rcaIIy thnk t wouId rcalIy makc a dttcrcncc n ths casc, but that`s a
gucston n ths casc, l`II tclI you thc bcnc!t ot that wII nurc to you that t
you dccdc to tcst|, l wII Imt thc Cty`s cross-cxamnaton to smply
mattcrs that you`vc tcstcd to, and nothng cIsc, and I`ll drcct thc
prosccutor to Imt hs gucstons to that tact.
Mw COUGHLlN. And whcn you statc hs gucstons n hs cross,
dd you also mcan any drcct that hc mght -
1HL COUK1. WcII, l don`t know thc`s gong to - hc`II bc
cross-cxamnng you bccausc you`ll - t you dccdc to tcst|, your tcstmony
wlI act as drcct cxamnaton. Hc wlI bc abIc to cross-cxamnc you wth
Icadng gucstons. 1hat`s thc bcnc!t ot cross-cxamnaton.
But that`s a dccson onIy you can makc, and onIy you can
makc aIonc. So, t you havc any wtncsscs othcr than yourscItthat you
ntcnd to caII as a wIncss.
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I N= COLGHL!N. Your Honor, ! do, but ! havc to say !`m not
2 tota|Iy surc ! scrvcd thcm wIh a subpocna. l bcIcvc ! dd wth rcspcct to
J OHccr Chrs CarIcr oIthc Kcno FO, and ScrgcanI Monca Lopcz. ! bc|cvc
4 l dd subpocna thcm, but ! do wanI to tcII thc Court, !`m not absoIutcIy surc.
1HL COLK1. AIrghI, wcII, !`II IcII you what wc`rc gong to
6 do. !t`s l0 mnutcs to l2. Arc you gong to tcst| ths aRcmoon, Mr.
1 CoughIn, or do you nccd an hour Io pausc and rc!IccI upon ths dccson?
8 N= COLGHL!N. !t wouId - !`d prcIcr to havc -
9 1HL COLK1. AIrghI, !`m gong to gvc t Io you agan. lor
thc rccord, !` m gong Io gvc you Ihc bcnc!t oIthc doubI to aIIow you Io
I I contcmpIatc your IcgaI opIons bcIorc wc start Court.
I 2 And wc`II starI Court agan at l:00. Oocs that work, Mr.
IJ HazIcII- Stcvcns? Oocs that work, M. CoughIn?
I 4 N= HAZLL11-S1LVLNS. !`II Iakc carc oI my dockcI.
1HL COLK1. Okay, ! wouId Ikc cvcrythng sIarIcd aI I :00.
I 6 Wc'II bc rcady to go. !`d admonsh and rcmnd thc wmcsscs IhaI you`rc
I 7 undcr oath. ! m gong Io drcct you not to dscuss your IcsImony Io
8 anybody outsdc thc CourIroom.
l 9 MK. H!LL. So wc arc to bc back at .UU?
1HL COLK1. You don`I havc to comc back. You`vc tcstcd,
2I unIcss M. CoughIn ntcnds to rcca|I you as a wIncss, you don`t nccd to bc
22 back.
2J Mr. CoughIn, do you antcpatc caIIng cIhcr M.HII or Mr.
24 Bakcr back as wIncsscs? ! can`t magnc a rcason you`d wanI to bascd on
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thc tacI ! sccm to havc aII thc cvdcncc ! nccd, but that`s an oppor|unty !
wII aHord you.
N4 COUGH!N: Your Honor, ! don`t -
1HL COUK1. !`II tcII you whaI. !`II tcll you whaI !`m gong to
do. You don`t nccd Io bc back at .. !t, tor rcasons unknown, Ihc traI
dcvcIops n a manncr that s unantcpaIcd and your IcsImony bccomcs
rcIcvant and ncccssary, ! wII attord M. CoughIn thc opporIunIy to caII
you back aI thaI tmc.
N4 H!LL. Your Honor, wc`rc two blocks away.
THL COUKT: 1hank you, Mr. HII.
MK. H!LL: Wc can bc hcrc m vc mnutcs.
1HL COLK1. ! apprccatc that vcry much. Mr. Bakcr, thank
you. M. Coughln, wc`ll scc you back at . shaq. Mr. HazIctt-Stcvcns,
thank you vcq much.
N HAZLLTT-S1LVLNS: Arc wc gong Io bc n Courtroom
B agan, 1udgc.
1HL COLKT. Wc`II bc (taudbIc). Wc`II bc back hcrc n B.
I 8 !n tact, wc arc gong to bc back hcrc mB. 1hat`s my ordcr. You can Icavc
l 9 your sIutthcrc. Wc arc gong to sccurc Ihc Cour|room so nobody - oncc
20 you guys lcavc thc Cour|room, no onc wII comc back n thc Courtroom
2l wthouI thc company ot Mr. McnzcII.
22 N4 HAZLL11-S1LVLNS: Thank you, 1udgc.
23 1HL COUK1: So, t Ihcrc s anythng you nccd Io takc at Iunch,
24 takc I. BuI cvcrythng wII bc sccurc n thc Cour|room whcn wc Icavc.
25 Wc`II bc n rcccss untl I.. 1hank you.
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(CourI n rcccss at I I .5J.04 a.m.)
2 (Court n scsson at .02.4B p.m.)
J 1HL COLK1. AIrght, M. HazIctt-Stcvcns, Mr. Coughln havc
4 a scat.
GcntIcmcn, wc`rc back on thc rccord n thc casc ot Cty vcrsus
6 Zachary CoughIn, I ICK26405.
1 1hs momng, thc Cty rcstcd ts casc n chct. M. CoughIn, !
8 gavc you an hour at lunch to thnk about what you want to do. Oo you want
9 do you havc any wmcsscs to call? Arc you gong to tcst| or arc you not
gong to tcst|?
I I M. COLGHL!N. Your Honor, t! dd subpocna thcm concctIy,

I2 whch !`m no t surc whcthcr or not ! dd, ! would Ikc to call cthcr OHccr
IJ Cartcr or Scrgcant Lopcz. ! don`t bcIcvc cthcr ot thcm arc hcrc.
4 1HL COLK1. Okay, wcII, that prcscnts a probIcm.
N.HAZLL11-S1LVLNS. Ycah, not that thc Cty s awarc ot.
I 6 1HL COLK1. Any othcr wtncsscs thcn t thcy`rc not hcrc? Oo
1 you havc any wtncsscs that arc hcrc Ihat you want Io tcst|, caII to thc
l & stand, or any documcntaq cvdcncc you`d lkc to prcscnt?
l 9 M. COLGHL!N. !s ctatons to rcIcvant casc law documcntary
cvdcncc?
2I 1HL COLK1. !`ll consdcr that. 1hat's rcaIIy not cvdcncc that
22 !` m ntcrcstcd n hcarng rght now. Kght now, ! want to know t thcrc arc
2J any othcr Ivc wtncsscs mat you ntcnd to caIl, or do you ntcnd to tcst|?
24 M. COLGHLIN. thnk I 'll tcst|, Your Honor, but ms casc law
mcntoncd, t`s not rcaI (naudblc) on IandIordltcnant stutt. All t s, s thc
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l bcst cascs ! tound spcakng to stuatons whcrc crmnal trcsps statutcs arc
2 applcd, and to thosc subjcct to cvI cvctons.
N.HAZLL11-S1LVLNS: 1udgc, l` m gong to ask that you 3
4 rcscrvc that tor argumcnt. 1hat sounds Ikc argumcnt to mc.
1HL COLK1: Ycah, wc`II addrcss that n argumcnt. 1hcrc`s
6 ccr|anIy somc casc law mNcvada. Mr. Hazlctt-Stcvcns ctcd a casc today
7 that thc Suprcmc Court ot Ncvada has taIkcd about thc Iourth Amcndmcnt
8 ssucs and trcspass ssucs acr cvctons havc bccn duIy scrvcd, but wc`II
dcaI wth that at argumcnt. 9
l 0 Kght now, any wtncsscs you`d Ikc to put on, or any
I I tcstmony - or do you want to tcst|?
l 2 MK. COLGHL!N: Lm, l do want to tcst|, Your Honor. lt`s prctty
narrow and lmtcd. l 3
l4 1H COLK1. Whcthcr you tcst| or not, t`s up to you. By
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tcst|ng, thc Cty Attomcy can cross-cxamnc -you arc opcn to cross-
I 6 cxamnaton by thc Cty Attomcy, and l ` m not gong to gvc you any
I 7 gudancc as to what thc gucstons arc gong to bc. Wc`rc gong to addrcss
l 8 that on a casc-by-casc bass.
l 9 So, you don`t gct to makc a dccson to tcst| and thcn not
20 answcr gucstons on cross-cxamnaton as t you would havc somc sor| ot
mmunty. 2l
22 So, by tcst|ng and wavng your !h Amcndmcnt prvIcgc,
you`rc gong to bc opcnng yourscIt to cross-cxamnaton, and wc`II addrcss
thc gucstons on a gucston by gucston bass as wc dd ths momng.
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Or you havc thc !h Amcndmcnt opton ot not tcst|ng, but
you`vc got to |ct mc know what you want to do, M. CoughIn. !`vc gvcn
you an hour to thnk about t.
!n addton, you`vc had rcaIIy sncc May b', sx wccks to Ihnk
about thc tra|, but today you nccd to makc that dccson.
M.COLGHL!N: 1hcn ! won`t, Your Honor.
1HL COLK1. Okay.
M.COLGHL!N. !`II rchan trom Ihat.
1HL COLK1. 1hat`s your dccson, and wc rcspcct mat. And !
w|| tcII you, ! wII not hoId that aganst you. ! ncvcr hoId t aganst anybody
who docsn`t IcsIj. !t`s an mporIant !hh Amcndmcnt prvIcgc you havc,
and !` || rcspcct that.
So, gvcn Ihc tact that you don`t want to tcst| and subjcct
yourscIt to cross-cxamnaton, whch s your rght, do you havc any oIhcr
documcntary cvdcncc, or wtncsscs you`d Ikc to prcscnt? Or arc wc rcady
to go to argumcnt?
M.HAZLL11-S1LVLNS: 1hc Cty s rcady, 1udgc.
1HL COLK1. M. CoughIn?
M.COLGHL!N. Othcr than Ihc ctcs to Ihs casc Iaw.
1HL COLK1. Now, l`m going Io aIlow you to ctc thc casc |aw
n argumcnt and makc whatcvcr IcgaI argumcnt you wan| to makc n cIosng.
But to makc t vcry cIcar tor thc rccord, !`m hcarng trom you
thcrc` s no wtncsscs hcrc to tcst|, and you arc dcsrous ot nvokng and
mantanng your !hh Amcndmcnt prvIcgc aganst scIt-ncrmnaton, s
that corrcct?
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I M+ COUGHL!N. Ycs, Your Honor, and wth rcspcct to any othcr
2 documcntary, Iwou|d |kc to ntroducc thc vdcos that wcrc propoundcd to
3 mc. ! don`t havc thcm hcrc, so t that prcvcnts mc trom dong so.
4 TCOUK1. 1hat`s a logstca| prob|cm t you don`t havc
thcm. 1oday s thc day sct tor tra|, and thc tmc sct tor tra|. So abscnt that,
6 l `m going to consdcr thc cvdcncc por|on ot thc casc closcd.
7 !` || rcspcct Mr. CoughIn`s Im Amcndmcnt prv|cgc not to
& tcst|, and bascd on that, thcrc ccrtan|y w|| bc no rcbutta| gvcn thc tact
9 M. Cough|n ottcrcd no cvdcncc, and ! wou|d opcn thc mattcr now to
c|osng argumcnt, startng wth, ot coursc, M. Haz|ctt-Stcvcns who has thc
I I burdcn ot proot, thcn gvng M. Coughln an opportunty to addrcss thc
I 2 tacts and |aw, and thcn nsh t up wth Mr. Haz|ctt-Stcvcns.
I 3 So, Mr. Haz|ctt-Stcvcns, go ahcad.
I 4 BY M4 HAZLL11-S1LVLNS:
1hs casc, !`|| tcll you, has bccn, trank|y by thc tcstmony
l 6 prcscntcd today, provcn bcyond a rcasonablc doubt. 1hc chargc ot 1rcspass
I 7 was provcn by at |cast two dcrcnt avcnucs n ths casc.
I & Mr. Cough|n was wamcd not to trcspass, not to go on I 2I
I 9 Kvcr Kock, whch s n thc Cq ot Kcno, and hc was wamcd at |cast vc
tmcs by thcsc pcop|c n all knds ot dttcrcnt manncr.
2I Hc was wamcd orgna||y whcn hc was scnt a 5-day and a ~
22 day notcc. 1hcy ddn`t want hm on thc propcrty. 1hcy wantcd hm to gut.
23 1hcy wantcd hm to |cavc thc propcr|y. 1hcy scnt thosc notccs.
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Hc was notccd agan on an addtonal 5-day notcc somctmc
Iatcr bctorc thc I 0/25 procccdng whcrc Ihcy scnt anothcr notcc askng hm
to Icavc thc propcrIy.
Most mportantIy n ths casc, Your Honor, s thc I 0/25
hcarng whcrc 1udgc Stcrrazza - whcrc 1udgc Stcrrazza announccd n opcn
CourI whcrc M.CoughIn was prcscnt, that thc cvcton s gantcd.
And ! draw Your Honor`s attcnton to Cty`s I . !t! couId !nd
that, ! wouId -
1HL COU1. Oo you nccd a copy ot t? ! havc t rght hcrc n
cvdcncc.
M.HAZLL11-S1LVLNS. No, t`s n cvdcncc, Your Honor.
And !`lI draw your aIIcnton to thc par| that says, "Occson.
And t also says, "Matthcw McrIss prcscnt, Cascy Bakcr - rcprcscntcd by
Cascy Bakcr, and thcn t also ndcatcs Zachary CoughIn prcscnt.
And thcn !`ll draw your aIIcnton to thc dccson whcrc t says
cvcton grantcd ctIcctvc Octobcr JI `, 20l l, at 5.00 p.m.
1hat`s what 1udgc Stcrrazza announccd n opcn Cour| wth
Mr. CoughIn, accordng to M.Bakcr, Istcnng, actvcly Istcnng to thc
1udgc. Hc wasn`t wrtng anythng down, but hc was actvcly Istcnng to
thc 1udgc whcn hc announccd that dccson n opcn CourI.
And you havc thc Ordcr grantng cvcton rght thcrc.
Now, thcrc was anothcr ssuc whcthcr or not thc procccdngs
wcrc staycd pcndng somc sor| ot appcaI, but that Moton to Stay was aIso
dcncd n thc Octobcr 25"', 20l l , hcarng. And you`II scc n Cty`s , t
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I actuaIIy says, "1cnant`s vcrbaI moton to stay, dcncd. 1hc casc was ovcr
2 at that pont.
3 1hcn, M. Bakcr draRcd up thc lndngs ot lacts, ConcIusons
4 otLaw, and Ordcr ot Summary Lvcton. 1hat was provdcd to you as
5 Cty`s 2. 1hat was aIso cmaIcd to M. CoughIn. 1hcrc`s anothcr notcc
6 that thcy don`t want hm hcrc. 1hcy want hm ott thc propcrty. 1hcy
7 wacd hm to bc oH thc propcrty as ot Octobcr J! '' at 5.OOp.m.
8 1hs Ordcr ot Lvcton spcccs that M. CoughIn, cxcusc mc,
9 thc tcnant ot thc propcrty or anyonc thcrcon, s to bc out ot thc propcrty no
I 0 carIcr than Octobcr J !`',2OI I ,at 5.OOp.m., just as announccd n opcn Court
I I on I O/25.
I2 So, Mr. Bakcr cmaIcd that documcnt to Mr. CoughIn as a
I3 courtcsy, Imagnc. And thcn what happcns ncxt? On Novcmbcr I , 2OI I,
I 4 I 2days bctorc thc trcspass n ths casc, M. Hll cxccutcs a Notcc ot Lntry
ot Ordcr and scnds that to M. CoughIn` s Iast known addrcss, as hc wouId
I 6 normaIIy do n hs coursc ot busncss, s scnd a Notcc ot Lntq ot Ordcr.
I 7 And what docs hc attach to that? 1hc lndngs ot lacts,
I8 ConcIusons ot Law, and Ordcr ot SM ary Lvcton.
I 9 What docs M. CoughIn do n rcsponsc to that? I2days, ! J
20 days ahcr M. CoughIn was cvctcd trom that propcr|y, pursuant to 1udgc
2I Stcrrazza`s Ordcr ot Lvcton, hc`s tound on thc propcr|y by M. HlI.
22 ln tact, Mr. HII tcstcs hc sccs hm waIk up thc stars trom
thc bascmcnt, waIk n thc Ivng room nto - or n thc ktchcn nto thc Ivng
24 room. Hc`s at thc housc aRcr hc`s bccn cvctcd hom thc propcr|y. 1hat s a
25 crmnaI trcspass, Your Honor.
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I Hc`s bccn wacd many tmcs that thcy do not want hm thcrc,
2 and yct, hc`s thcrc on thc propcr|y aRcr bcng tormaIIy cvctcd, aRcr gong
3 |hrough aII ot thc Cour| procccdngs, and that docsn`t kccp hm out. Hc
4 gocs back aRcr a|I ot ths.
1hcrc`s anothcr ssuc hcrc too, Your Honor. 1hc Cty argucs
6 that anyonc that gocs on thc propcr|y and "Ivcs n thc propcr|y was tound
7 n hs pajamas, hs nght - a shr|, s|ppcrs, hs dog downstars, s |vng at
& that propcrty w|h |hc ntcnt ot vcxng or annoyng thc owncrs ot that
9 propcr|y. Bccausc that s vcxng and annoyng aRcr |hcy go through a|| thc
IcgaI propcr proccdurcs, pursuc ths casc n Cour|, na||y aRcr days ot tcst -
l l or aRcr a m|| day ot tcstmony and argumcnt. And thcn on I O/25,!naIIy
l 2 gcHng an Ordcr ot Lvcton, hc gocs back to |hc housc.
1hat s ndca ot vcxng or annoyng thc owncrs ot that
I4 propcr|y aRcr ths hugc |cga| bat|!c. 1hat`s not cvcn cnough.
1hcn you havc M. Bakcr tcst| that wcII, hc was at thc Cour|
I 6 procccdng, or cxcusc mc, hc was at thc cvcton, thc Iockout hc caIIcd t, on
l 7 Novcmbcr I '', 2OII , whcrc hc saw thc Shcrtt, thc Washoc Coun|y Shcrtt,
l & tapc onto thc hont door, Cty`s 2,Indngs ot Iacts, Conc|usons ot Law,
l 9 Ordcr ot Lvcton. 1hcy tapc t onto |hc tront door.
But that`s not aII that happcns. 1hcrc`s a |ocksmth |hcrc as
2I wcII. 1hc Iocksmth gocs about to changc or rckcy thc Iocks, both thc tront
22 door and thc back door, so |hat no onc can cntcr that propcr|y.
23 In tact, hs tcstmony was that aRcr a gucston, "CouId thc
24 pcrson wth thc kcy prcvousIy havc cntcrcd that ahcr hc rckcycd? "No.
1hat`s thc dca. You Iock thcm out.
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I And so hc rcca||s that hc was gvcn thc ncw sct ot kcys. 1hcrc
2 was no way n that propcrty othcr than somc knd ot torccd cntry, or IIcgaI
3 cntry at that pont, hankIy. 1hat`s cnough ot a wang rght thcrc. Wc
4 don`t want you. Wc`rc |ockng you out. 1hc Cour| says wc can Iock you
out. Wc`rc |ockng you out.
6 How many wamngs docs Mr. CoughIn nccd? 1hat was a
1 hugc wang. Hc has to cntcr somc othcr way. Hs kcy wouIdn`t work
& anymorc, so n ordcr to gct n that propcrty, hc had to cntcr that propcrq
9 havng bccn Iockcd out. 1hat shows an ntcnt to vcx or annoy thc owncrs, as
wc||, ot thc wang, not to trcspass, not to bc on that propcrty, and bcng on
I I that propcrg.
I2 Now, thcrc sn`t a |ot ot casc Iaw as you mght magnc n
Ncvada, Your Honor, wth rcgard to rccntcrng propcr|y aRcr bcng cvctcd,
I4 and whcthcr that`s a crmnaI trcspass. Thcrc s that onc casc l dd
announcc, and that was OIuI8 V. ^lth08, O Ncv. OJ , whcrc thc Cour| dd
I 6 say, "Rccntq aRcr cvcton s a trcspass. lt`s a trcspass. 1hcy can`t bc any
I 1 c|carcr than that. !t`s a ucspass. 1hat`s what thc Court sad. And wc agcc.
l & lt`s a trcspass.
I 9 1hcrc s casc |aw n othcr jursdctons, most ot t unpub|shcd,
Your Honor, bccausc as you mght magnc, thcsc arc prctty bcng mat|crs
2I that go through thc crmnaI justcc proccss.
22 But thcrc was onc casc out n Nashv|Ic, 1cnncsscc, thc Court
23 ot CrmnaI AppcaIs. Ths was a pubIshcd dccson, ZV 1cnn. Crm. App.
24 Lcxus Z, whcrc thc Court dd Ind that ahcr bcng scrvcd a Notcc ot
Lvcton aRcr rcmanng on thc propcrty aRcr bcng cvctcd, thc pcrson was
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subjcct to crmnaI trcspass pcnaltcs. 1hc jury had succnt cvdcncc to
actuaIIy nd that pcrson crmnally trcspasscd.
So, ths sn`t anythng ncw. 1hs s actualIy what`s happcnng
out n thc country, and ths s just onc casc that ! could nd that was a
pubIshcd opnon on just ths. Hcrc, !`II just provdc t to you.
1HL COUK1: And just tor thc rccord, s thcrc a ctc or a namc
on that 1cnncsscc casc?
M= HAZLL11-S1LVLNS: Ycs, Your Honor.
1HL COUK1: 1ust bccausc wc`vc run nto ths.
M+ HAZLL11-S1LVLNS: CcrtanIy, t`s 8nn88888 V. L0Vln8
(naudbIc), L-O-V-!-N-S, and !`ll say t slowIy, t`s 2OO9,1cnn., 1-L-N-N,
pcrod, Crm, pcrod, App., A-F-F, pcrod, Lcxus, lOO2.
1HL COUK1: Okay, thank you.
BY M HAZLL11-S1LVLNS.
And, 1udgc, ! thnk bascd on aII ot thc cvdcncc prcscntcd wth
M. HII havng authorty provdcd to hm by M. Mcrlss to cvct, to havc
M. CoughIn Icavc that propcrq, and gong through aII thc propcr channcls
to havc hm lcavc that propcrty - thcy ddn`t usc sclt-hclp n ths casc. 1hcy
wcnt through thc summary cvcton procccdng thcy wcrc supposcd to do.
And yct, acr thcy`vc notccd hm, thcy`vc wamcd hm,
thcy`vc askcd hm not to bc on thc propcrty by many dttcrcnt avcnucs, hc
stII s on thc propcrty. And ! thnk thcy wcrc lch to no othcr rcmcdy than to
caII thc poIcc and havc hm arrcstcd tor crmnaI trcspass, and that`s
pursuant to & I O.Ol O,trcspassng statutc ot thc Kcno MuncpaI Codc.
1ayou, 1udgc.
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l THECOURT. Thankyou,M. HazlcII-SIcvcns. M.Coughlin,
2 closingargumcnI?
3 M.COUGHLIN. Ycs,sir,YourHonor.
4 BYM.COUGHLIN.
5 IacIuallycamcacrossthaILovuscasc,Ioo. Idon'IknowIhaI
6 iIquiIcsayswhaIM. HazlcII-SIcvcnspurpor|siIIosay,buIiI'simprcssivc
7 IhaIhcIoundIhaInoncthclcss.
& IIoundanumbcroIcascsIhaIdospcakIo|usIthissiIuaIion.
9 I' llquicklyciIcIoIhcm. NoIalloIthcm,Ibcicvc,arccnIirclyposiIivcom
l 0 mypoinIoIvicw,buIIbclicvcIhcvasImajoriIyoIIhcmarcgivcnIhcpublic
l l policybchind.
l 2 I ' mtryingIoavoidsiIuaIionswhcrcyou'rccvicIingsomconc,
l 3 andIhaI'sIoughcnough,buIIhcnwhcnyougoandyoupilconcriminal
l4 prosccuIiononIop oIiI,andmaybclikcinthiscasc,youpilconaIorccd
rcnIcscrowdcposiIIhaI'sconIraryIoNcvadalaw,andthcCour|IailingIo
l 6 givcbackthaImoncy,whilcaIthcsamcIimc,apparcnIlyrcquiringthc
l 7 commcrcialIcnanIwhowascvicIcdinasWaryprocccdingIornon-
l & paymcnIoIrcnIwasnoIallcgcd,conIraryIoNcvadalawagain. IknowI' m
l9 runningonwiIhIhisscnIcncc,buIthcrc' s|usIaloIoIsIuIIthaIwcnIonhcrc
20 IhaIaddsupIoaprcIIyIoughscIoIcircumsIanccsIhaIIhcLcgislaIurc
2l acIuallycnacIcdlawsIoprcvcnI,buIunIor|unaIcly,maybciI'sducIomy
22 poorlcgalwork,maybciI'sducIo1udgcSIcnrazza'scour|havinglimiIcd
23 jurisdicIionhavingIodcalwiIhIoobroadoIasubjccImattcr.GodknowsiI
24 wouldbcdimculIIodoallthcworkIhaIhcdocsdo.
25
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ButOI888 V. OIuI8, Stcclcwithan"E"onthccnd, l 32- and
2 YourHonor,IcangivcthistoIhcCourtsotoavoidanyonc- iIyounccdto
3 writcitdown. ButIorthcrccord,OI888 V. OIuI8, I 32,N.E.739at74O.
4 OIuI8 V. 188r8, 4I 7A.2d I O85. 88d V. L0mm, 366S.E.2d
275. ThcrcisanP= 1ur.Scction,75P= 1ur.2dIrcspass,sccIion87,
Ihat'sfairlyrclcvant.
7 ThccascLjnn V. L88ld8rl0, l 59. Fcd.App.382. LuW80n V.
& OIuI8, 52Indiana478. j8r8 V. OIuI8, I 3ON.E. l l6. Lhur88 L0Wnj V.
9 OdLLlqu0r, 88ON.E.2d322. And|ustquickly,0u8I0n, 647N.E.2dI 6.
OIuI8 V. J0hn80n, l__ln8 v. 18n08t0I, 1n h8 uII8r 0jurlt0]u, 942F.2d
477,andInally8n v. h00d, 275S.2d.6O.
I 2 ThosccascslargclyspcaktowhaIthcpublicpolicyrationalc
l 3 undcrliningmyposiIionthatwhcrcvcrpossiblcacriminalcvictionstatutc
I4 shouldnoIbcapplicdincidcnttoacivilcviction,thccriminaltrcspass
incidcnttoacivilcvicIion.
Now,obviously,thcrc'sgotIobc somcrcasonablcplaccto
I7 drawthclinc.Somc(inaudiblc)willnotlcavc. Thcy|usIkccp(inaudiblc)
l & thcCourt`sauIhoriIy. IgucssacontcmpIordcrcouldbc issucd,aMoIionto
l 9 ShowCausc.
Thcrc'sanumbcrofIhings,andmaybcsomcwhcrcwaydown
2l Ihclinc,surcacriminaltrcspassarrcst,oracitation. IwouldhopcnoIwhat
22 happcncdhcrc,thrccdaysin|ail,acusIodialarrcsI,andallIhaI'sattcndantIo
23 that.
Mr.Hazlctt-SIcvcns,inhisclosingargumcnI,ciIcdtoalotof
cmailsthatIdon'tbclicvcwcrcintroduccdinIothcrccord. AIlcastnot
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today. Icouldbcwrong. Thcymighthavcbccnsomcwhcrcmthcrc,butit
waskindoIcuriousbccauschcmcntioncdanumbcroIthcscwamings
occurrcdinthcsccmails,yct,thcyarcnotinuoduccdascxhibitshcrcin.
Fcrhapsthat'sductothcIactthatIhcopposingattomcyswcrc
wacdthatcmalwouldnotbcavaldmcansoIscrvingnoticcoIanything.
AndthatwasdoncbccauscthcspccdingnaturcoIthcsc
summaqcvictionprocccdingsisIastcnoughasis. Mr.Hill'slawm
sccmcdtocontinuallyattcmpttospccditupcvcnmorcbyscningthings
throughcmal.
ThcLcgislaturci nNS4O.253hascxplicitlyprovidcdthatIor
commcrcialtcnantsitisagainstthclawtouscasummarycviction
procccdingtocvictthcmunlcssthcnon-paymcntoIrcntisallcgcd.
ItakcthattomcanthcLcgislaturcsayinglook, it'shard.
Wc'rcapro-busincssstatc. It'shardcnoughtosuccccdinbusincss. Wc
don'twantpcoplcbcingsummarilycvictcdunlcssthcy'rc|ustnotpaying
thcirrcnt.
IIthcy'rcpayingthcirrcnt,andthcyhavc- andthclandlord
|ustwantsthcmoutIorsomcothcrrcason,wcll,thcy'rcgoingtohavctodo
italittlcbitslowcr.
Now,thcrcwastcstmonytodaythatthcrcntwasbcng-was
notbcingpaid. Howcvcr,that'snotwhatwasscrvcd. That'snotwhatwas
Ilcd. That'snotwhatwaslitigatcd.
M. HillandhisclicntchosctolitigatcitaccrtainwayIor
lcgitimatcrcasons. Thcychoscnottoallcgcthcnon-paymcntoIrcnt. Thcy
couldsayit'sbccauscI'mmakingupstuII. Thcycouldsayit'sbccauscI'm
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1 whaIwasIhcIcrmhcuscd? IforgcI,buIMr.BakcruscdaIcrm,andI
2 qucricdhimoniI. ThcycouldsayallthaI,andIhcy'vcsaidIhaIabouI|usI
3 abouIcvcryIhingI'vccvcruItcrcd.
4 Youknow,I'mkindofaYoscmiIcSamcarIoonvillainasfar
asIhcypuIiI. EvcryIhingIdoorsayisjusIridiculous,I'mcrazy,I'ma
6 charIaIan,fraud,andallIhis. Wcll,IhaI'sthcirposiIion,buIIomc,iIdiluIcs
7 iIsclf. Thcydon'IcvcrmixinaliItlcbiIof''wcllyougoIapoinIIhcrc"oncc
8 inawhilc.
9 ThcrcwasaloIofcvidcnccpuIoninIhissummarycvicIion.
ThcyspcnI$6OgrandliIigaIingIhissoIosayiIwasIoIallybasclcssandIpuI
l I onnocvidcncc,ycIIhcirfccsof$6OgandwcrclcgiIimaIcandappropriaIc
l 2 andIhcyshouldbccompcnsaIcdforIhcmisIomc,IryingIohavciIboIh
I 3 ways.
I4 IfmycascwassobasclcssandgroundlcssandvcxaIious,I
wouldIhinkIhcycouldhavcbroughIiIhomcfor somcIhinglcssIhan$6O
l 6 gand.
I 7 InNcvada,undcr andIknowIhisisn'IspcakingIoIhcrcal
l & rcasonwc'rchcrc,IhccriminalIrcspass,buIinNcvadaIhcrc'sacasccallcd
I 9 HIk8n8 inIhclandlord/IcnanIconIcxIwhichprovidcsIhaIIhcproccdural
noIiccrcquircmcnIs,andiI'sA-I-T-K-E-N-S,IhcproccduralnoIicc
2I rcquircmcnIswiIhinIhcconIcxIofcvicIionprocccdings,parIicularlywiIhin
22 summarycvicIionprocccdings,musIbcsIricIlyadhcrcdIo.
23 ThcpolicyraIionalcundcrlying,IhaIisIhaIgivcnIhcprivacy
24 ofonc'shomcorbusincss,andinmycasc, boIhthchomcomcc,isso
importanIIhaIIhclawrcallynccdsIosIricIlyadhcrcIothcm. SimilarIo
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I whatthcNcvadaSuprcmcCour|hasrcinIcrprcIcdthcForcclosurcMcdiaIion
2 StatutctobcwhcrcasthcLcgislaturcmighthavcsaidyounccdsubstantia|
3 complianccwiIhit,andthcNcvadaSuprcmcCourtsaid,'1o,wc'rcgoing
4 tosayyounccdstrictcomplianccwithit." Wcll,that'ssomcwhatoIan
analogyinwhatgocsoninIhcsccvictionmattcrs.
6 Ibclicvcthcrcisacouplcquasi6O(b)basisIorchallcngingIhc
7 va|idiIyoIany-IothccxtcntthisCourtvicwsmcEvicIionOrdcrasa
& wming,whichIthinkiskindoIIhcbiginquiqhcrc. Maybcnot,buttomc,
9 itsccmslikcit'spossiblywhatthccasccou|dcomcdownto.
TothccxtcntIhcCour|docsconsidcravalidEvictionOrdcr
I I appropriatclyscrvcd,awmingsu0cicnttosatis[thccriminalIrcspass
I 2 staIuIc,Ibclicvcthcrcisacouplc6O(b)likcbasistochallcngcthatOrdcr.
Onci sbroughtupbyM. Loomis,whosoastutclypointcdout
I 4 thatundcrthctun8j cascthcrcwasaNoticcoIAppcalcdinIhc
intcrimbcIwccnIhcinitialOctobcrI 3
+
hcaring,andthcnIhcOctobcr25"
I 6 trial.
I 7 M HLETT-STEVENS. Judgc,thisisgcttinginto
I & tcsIimony- orcvidcnccthaI'snotintcstimony,IcsIimonythat'snotin
I 9 cvidcnccrathcr. It'snoIthcrcabouIanyappcaltakcn.
THECOURT. Mr.Coughlin?
2I MRw COUGH!N. Wcll,IbclicvcMr.Loomis-
22 THECOURT. YourargumcntislimitcdtothcIactsthatwcrc
produccdtodayatuial.
MR= COUGHL!N. JusItoday,notwhatMr.Loomis-
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THECOURT. That'scorrcct,today'strial. Sotothatcxtcnt,
thcob|cction-andtrytogivcparticsagrcatdcaloIlccwayinclosing
argumcnt,butwhcnyoustartgcttingIar acldoIwhatwasargucd,
prcscntcdviaIactsoIthctrial,that'snotpropcrargumcnt.
N= COUGHLIN. Okay,andIthoughtitwaspartoIthcrccordat
thispoint. AndiIit'snottoolatc, I'dob|ccttothcnoticcbycmailthatwas
inuoduccd. THECOURT. Okay,goahcad.
BYN= COUGHLIN.
Bcyondmat6O(b)basis,Ibclicvcthcrcisanadditionalbasis
inthat-thcrcisacouplc. IthinkundcrthcANVUI,A-N-V-U-I-E-
A-N-V-U-I,whichiskindoIthcmainNcvadacasconsummarycvictionsoI
commcrcialtcnants. ThatwasarcstaurantinVcgasdoingalotoIbusincss,
likc$5OOKamonthorsomcthing,andthcygotcvictcd,anditwcnttothc
NcvadaSuprcmcCourt,andaIotoI litigationwasdoncovcrthat.
Andthcholding,thctakchomcholdingomthatwasthatit's
basicallyasummary|udgcntstandardinthcsummarycviction
procccdings. ThctcnantmcrclynccdstoprcscntamatcrialissucoIlawor
Iacttobcatasummary|udgmcntmotion. IIthcydothat,thcCourtmaydo
nothingmrthcr,andithastogoontoa(inaudiblc)unlawmldctaincr
approach. Scrvcd,2Odaystorcspond,discovcry,allthat.
So,mypositionwouldbcthatthcrc'sa6O(b)basisIor vicwing
this-anysummarycvictionordcr,asvoidinthatIwasaliccnscdattomcy,
atthattimc,at Icast,andIhcIdthatoutasmylawomcc. Ilcdatcnant's
amdavitthatIwasacommcrcialtcnant. Iplcdthat. Mr.Hilltcsticdtoday
thathcwasn'tawarcoIthat,andhcdidn'tconsidcritaparticular
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considcration,IorhisncurosurgconclicnIwhohadspcnIO grandonthis.
2 That'swhcrcI'matIhcanalogyoIIhcwrongsidclcgalsurgcry,bccauscI
J thinkitcouldwinduppoIcnIiallybcingIairlyimpor|anIIohisclicnIiIiI's
4 provcnthaIawrongIulcvictionoccuncd.
IIiI`sprovcnIhaIycs,IdidprcscnIa(inaudiblc)issucoI
6 matcrialIact,IhaIIhiswasacommcrcialIcnancy,andtoIhccxtcnt|udicial
7 noticccouldbcIakcnthatHwasmcrclyaNo-CauscEvictionNoticcthaI
& waspursucdandIhaInon-paymcnIoIrcnIwasnoIallcgcd,IhcnIhiscould
9 bcproblcmaIic,andMr.HillmightwishhchadconsidcrcdthatpoinI
whcthcrIhiswasacommcrcialtcnancy,andI' mnoIsubjccIIosWary
cvictionprocccdingsin+.ZJ, and(inaudiblc)paymyrcnIasallcgcdas
I 2 bcinginIactvcryimpor|anI.
J 1usIsomcancillaryIactualconsidcraIions. Thcmainsummary
I4 cvictionsIaIuIcinNcvadaisNRS+.ZJ. II`sabouIIhislong. II's8to9
subsccIions,andthaI' sjusIkindoIthcproccduralmcchanismsoIIhat. It's
I 6 mixcdi nthcrcwiththcconstructiondcIccIandChaptcr+ andsomcothcr
I 7 stu0.
I & THECOURT. Mr.Coughlin,howdocsthisallrclatcIothc
I 9 casc? Wc'rcgcttingrcallyIaraIcldonthcsccvicIionissucswhcnwc'rc
hcrconaucspassingcasc. SolcI' stryIokccpourIocuslimiIcdIoIhis
2l cnmnalcasc,andIhctrcspassingissucsraiscdi nIhishcaring.
22 BYM.COUGHLIN.
ZJ Ycs,YourHonor. IgcssthcrcasonI' mgoinginIothisonc,
24 myposiIionisI' mnoIguilty. BuIiIyouarcrcadingsomcguiltinIothis,I
IhinkthcrcarcsomcmitigatingIacIorsthaIIhcCour|mightconsidcr.
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Ifthat'sappropriatc,Icouldgointothoscbrict!y.
1HCOURT. Wcll,I'mnotgoingto- Iustwantyoutolimit
yourargumcnttotcstimonythatwasprcscntcdhcrcthismomingonthc
trcspassingstatutc. That'swhatM. Hazlct|-Stcvcnsdid,andthat'swhat
I' maskingyoutodo.
M4 COUGHLIN. Okay.
THECOURT. Hdocsn'tmcanyouhavctobcuphcrcfor an
hourtalking,andncccssarilymorcisn`tncccssarilybcttcr. Butifyoufocus
inonthclcgal issucsandidcnti|thcmduringyourclosingargumcntand
whythcysupportyourpositionthatyou'rcnotguilty,thatwouldbchclpl.
BYM4 COUGHLIN.
Okay,thcchargcisRMC8 IO.O4O. Ibclicvcthatthcspccitc
languagc-
TCO!RT. Scction8IO. OIO.
M4 COUGHLIN. Oh,it'sOI O,okay.
THECO!RT. 1ustfor thcrccord.
M4 COUGHLIN. Okay,Ibclicvcthatthccxactlanguagcisfailurc
tolcavcthcprcmiscsahcrbcingwmcdtodoso.
Itdocsn'tsay failurctolcavcthcprcmiscsahcrkindofhaving
anEvictionNoticcscrvcd,accordingtothcproccdurcsofthcWashoc
CountyShcriff, maybc,butmaybcnotaccordingtothcNRCFthat'srulcd
cxprcsslyapplicablctocivilcvictionsundcrNRS4O.258.
Itdocsn'tsaythat. Itsays,Failurctolcavcthcprcmiscsahcr
bcingwmcdtodoso." So,whatdowchavcwhcnwchavcsomcbody
cvictcd,andthcynccdtogogctthcirmailfor acouplcdays? Arcwcgoing
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togoarrcstthcmwhcnthcygointothcirmailboxmdgctthatsocialsccurity
chcck? Arcwcgoingtochargcthcmwithcriminaltrcspassthcrc? Orarc
wcgoingtosay,Hcyyounccdtolcavc,"andifthcydon'tlcavc,thcn
maybcconsidcrthatbccauscthat'swhatthcprcccdcntwouldbchcrctoday
isanybodywhoiscvictcdwho'sfoundonthcpropcr|yandisunfor|unatc
cnoughtohavcRichardHillrollupandcallthcpoIiccanddowhattook
placchcrc,isgoingtonotonlybcIacingancviction,whcrcinthcymight
havcalsobccnsubccttoanimpcrmissiblcrcntcscrowdcposit,inthatthc
Rcno1usticcCour|isnotallowcdtodothat,unlcssthcypassarulclikcLas
Vcgas1usticcCour|Rulc44.
!nordcrto doso,thcyhavctopublishitandgctitapprovcdby
thcNcvadaSuprcmcCourt. ThcNcvadaSuprcmcCour|lctLasVcgas
implcmcntsucharcnt/cscrowrcquircmcnti nthcir1usticcCom|Rulcs
bccauscit'sLasVcgas. It'scrazy. Iwcnttolawschoolthcrc. Thcyhavcto
makcsomccrazyrulcstodcalwiththctransicncyofthatcommunity. Ilovc
LasVcgas. Don'tgctmcwrong. ButIcanundcrstandwhythcCour|would
say,Alright,normally,wc'rcnotgoingtoallowthcscforccdrcntcscrow
dcpositstotcnmtsinasMcvictionsct|ing.
Butbccauscit'sLasVcgas,andothcrwiscitwouldbctoohard
tobcalandlord,wc'rcgoingtolctyouimplcmcntRulc44.
Now,1usticcCourtRulc84saysbcforca1usticcCour|can
implcmcntsucharulclikcthat,thcyhavctogctitapprovcdbythcNcvada
SuprcmcCourt.
THECOURT. M.Coughlin,wc`rcgct|ingwayoutagain.
MR.COUGHLIN. Alright.
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THECOURT. Imcan,(naudblc)Olul8 V. t^lth08, thc
NcvadaSuprcmcCourtcascin I 0clcarlyindicaIcdIhatsomconcwhohas
bccncvictcdIromthcpropcrtyandsubscqucnIlyrccntcrsthcpropcr|yis
guiltyoIIrcspass.
Mo COUCHLIN. Isthatacasinocascthough?
THECOURT. ArcsidcntwhcrcsomconclosIthcirhomcin
Iorcclosurc,wcntbackonthcpropcrq,cvictionwasscrvcd,andthcnthcrc
wasultimatclyanarrcstmadconIhcpropcrtyIorIhccrimcoInarcoIics.
M COUCHLIN. ForacrimcoInarcotics?
THECOURT. Althoughthc SuprcmcCour|hassaidsubscqucnI
rccnIryisaIrcspass.
Mo COUCHLIN. AhcrthccvicIion?
THECOURT. Ahcrbcingcvictcd.
Mw COUCHLIN. ThccvicIionwas--
THECOURT. AhcrbcingcvictcdandhavingIhcowncrs
changcthclocks.
Mw COUCHLIN. Ahcrthccvictionwasscrvcdyousaid.
THECOURT. Thcnwhydon`IyouIocusin- no,Ididn'Isay
IhaI. IsaidahcrancvicIion. Whydon'tyouIocusinonIhcrclcvantissucs
sowc'rcnothcrcIor IhcncxtIhrcchoursIalkingabouIthingsIhaIarc
irrclcvant.
Mw COUCHIN. Okay,butIdid,YourHonor,hcaryousayIhc
& wordscrvcd."
THECOURT. IsaidsubscqucntrccnIrywasaIrcspassahcran
cvictionproccss. ThrccandIourdaysnoticcsoIanunlawIuldcIancrwcrc
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M LL\HJ.
ScIVc0 8S QIcScHI OI0cI O Summm cVUIOH. bO, jOu IhHK Ih8I IhcIcS 8
2 0ccHSc IhcIc, Ih8IS Wh8I jOu ShOu0 OUuS H OH.
3 M. LL\L. XcS, SI. 0O IhnK IhcIc S, 8H0 cSQcU8j uH0cI
+ lhc HIk8n U8Sc Ih8I mcHIOHc0 c8IcI IcquIHg Ih8I SIIUI 80hcIcHUc.
JhcIc W8S HOI 8QQ!OQI8Ic ScIVUc hcIc. PH0, H 8UI, M.
H hS Qc80HgS SIIuggcS IO QOHI IO SOmc !uc SOmcWhcIc Ih8I S8jS, Xc8h,
! Ih8IS 8QQIOQI8Ic. Jh8I S8IS1cS Ihc SI8H08I0 h8VHg Ihc bhcI QOSI I OH
5 Ihc 0OOI.
9 H 8UI, OHc Ic8j OOKS HIO lhc HnVu IcSI8uI8HI Summ8Ij
cVUIOH U8Sc IhcIc S 8 SIIOHg 8IgumcHI lh8I , cI 8., WcIc HOI 8OWc0 IO
l l ccUIu8Ic IhS OUK OuI OI 8I c8SI 1Vc 08jS.
l 2 uIlhcImOIc, 8H0 Ihc LOuI! W8S hO0Hg Z,Z1J. O mj
I 3 mOHcj. LVcH Ih8I uH0cI [8)., 8 SuQcIUc0cS DOH0 S OHj ZJ..
l 4 JhcIc S 8 VcI SIIOHg 8IgumcHI Ih8I IhS
JL LL\HJ. h8I 0OcS Ih8I h8Vc IO 0O WIh IhS U8ScY XOu
8Ic gOHg HOWhcIc WIh hcQHg Ihc LOuIl WhcH jOu gcI OOH IhcSc
! !8HgcH!S 8DOul lhc SQcUUS OJ lhc JuSlUc LOuII. XOu 0O m8Kc SOmc
5 hc80W8j WhcH jOu I8K 8DOuI Ihc ScIVUc O Ihc cVUIOH QIOUcc0HgS, SO
l 9 jOu W8HI IO OUuS OH Ih8I 8H0 mI I IO Ih8I, Ih8I WOu0 Dc HHc. uI jOu 8Ic
}uSI gcHHg W8j OuI IhcIc, 8H0 IS 8SO, IhHK, OuIS0c Ihc UOuISc 8H0 SUOQc
2l O !hc cV0cHUc QIcScHIc0 IO08j 8I Ihc II8.
22 M. LL\L. bO, S I HOI SOmcIhHg IhS LOuI! UOHS0cIS
23 WhcIhcI OI HOI SOmcIhHg S VO0 uH0cI O[D)+T
m HOI gOHg IO gVc 8Hj cg8 80VUc 0uHHg
UOSHg 8IgumcHI, M. LOughH. XOu KHOW 8S 8 8WycI Ih8IS H8QQIOQI8Ic.
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!`mjustsayngthatyouarcgcttngtaracIdonyourargumcntsbascdonthc
2
l
cvdcncc.
3 M4 CO\GHL!N. WcII,!tccIl`mtryngtomakcrcIcvant
4 argumcntsthatpontoutthat--
1HCO\K1. !`mtcIIngyouthcy`rcnotthatrcIcvant, atIcast
toths1udgc.
7

M. CO\GHL!N. Wcll,but!ddn`tgcttosaymuchaboutthc
& supcrccdcsbond,andthclactthatthcCourttook ! 0tmcswhattwas,and
ddn`tgvcmcastay.
M HAZLE11-S1EVLNS. And,!udgc, !`mgongtoob|cctto
I l
9
thatbccauscthat`snottcstmonythat`sprcscntcdhcrcattraItoday.
l 2 1HLCO\K1. 1at`snotcvcnthctcstmony. !ddn`tcvcnhcar
I J anythngaboutasupcrccdcsbonduntljustabouttwosccondsago.
Mo CO\GHLlN. lt`snmymotonson lcnthcrccord.
Mo HAZLE11-S1EVENS. 1hoscarcnotcvdcncc,!udgc.
!`mgongtoobjcct.
I 7

1HCO\1. Lct`smovctorwardwththcargumcnt, M.
I & CoughIn. Mr.HazIcu-Stcvcns`objcctonssustancd.
I 9 M4 CO\GHL!N. Okay. !bcIcvctsNKS40.Z0,butts
somcwhcrcnNKS40thatspcccaIIyncorporatcsNKCPorapplcsNKCP
2I toscrvccrcgurcmcnts,just ngcncraI,tothcsclandlord/tcnantmattcrsto
22 thccxtcntthcsubjcctmattcrhasbccnspokcntoaIrcadynthc
23 IandIord/tcnantsta|0tc.
24 So,whcnyouwanttoknowhowyouscrvcsomcbody,t`snot
scttor|hnthcIandIord/tcnantstatutc,whcht`snot,yougotoNKCP,
l8gc I43
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NcvadaKuIcsotCvIProccdurc. Andtyoucan`tscrvcsomcbodyn
pcrson,pcrsonaIIyscrvcd,and!askthatyoutakcjudcalnotccthat
pcrsonaIIyscrvcdmcanshandngsomcthngtosomconcnpcrson. Bccausc
thcWashocCountyShcrdocsn`tvcwtthatway. 1hcythnkpostng
somcthngonthcdoor,adthcy`vctoIdmcms.
M. HAZLL11-S1LVLNS. !udgc,!`mgongtoobjcct. Hm
tcIlng- t`shcarsaythatwasn`tcvcnprovdcdntcstmony.
1HLCO\K1. M.CoughIn,!don`tknowtyou`rchcarng
what!`msaynghcrc.Youarc gcttngsotar acldthatt`sundcrmnngand
crodngyourargumcnt.
MK.CO\GHL!N. WcII,!hcardyousaythat!shouldtocuson--
1HLCO\K1. !` mnottcIIyouwhattosay. Younccdtostay
tocuscdandcommcntonIyoncvdcnccthatwasrcIatcdthsmomng.
MK.CO\GHL!N. Okay.
1HLCO\K1. Andwhcnyourchash ttor thchhandsxth
tmc,tIoscst`svaIucandpunch. !mcan,ahcrawhIcyoumakcyour
argumcnt,thcrc` snothngclsctobc sad. !mcan,agoodIawycrknows
whcntostdownahcrmaknganargumcntnstcadotdronngonand
dronngon,!mcan,torcvcr.
Atsomcpont, thc agucnts madcandthcntormatons
dgcstcd,andthcntbccomcstobcnosc.
MK.CO\GHL!N. Ycs,sr.
1HLCO\K1. You`vcmadc somcvaIdponts. !`vchcard
thcm.But don`tnccdtohcarthcmtcntmcs. !hcardaIototstuI1ths
momngovcrandovcrandovcr.
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I N.CO\GHL!N. Ycs,YourHonor,and!`IIjustconcIudcwth
2 statngthatthcrcwasnowangtolcavcthcprcmscs.
3 1hcrcwasnotaIurctohccdawangtolcavcthcprcmscs.
4 Pcrhaps t`samattcrotMr.HIIjustjumpcdthcgunandcallcdthcpoIcca
IttIctoosoon,andhcwouIdhavcbccnbcItcrottsayng,"Younccdto
6 Icavc,andthcngcttngthatrcmsaltolcavc,andthcncaIIthcpoIcc.
7 Butastoccurrcd,thcrcsmpIywasnowangtoIcavcthc
& prcmtscs. ^EvctonOrdcr,cvcntappropratcIyscrvcd,and!don`t
9 bclcvctwashcrc,prortothclockout, snotawamngundcraIIthosc
cascs,oratIcastamajortyotthosccascsthat!ctcdtoyou, suUccntto
I I sustanacrmnaItrcspassprosccuton.
I 2 Tqyou, YourHonor.
l 3 1HECO\1. 1hankyou,and!apprccatcyouzoomngnon
I4 thatbccausc!thnkthat` sagoodssuc.
M. Hazlctt-Stcvcns,wouldyouIkctolmshup?
16 BYM.HALE11-S1\VENS.
l 7 1hat`srght, YourHonor. 1hat`sthccruxotthcssucnths
l & casc.
I 9
M. CoughlnrcstatcsorImtsKMCI 0.0l 0 justaIttlcbt,
andmpropcrIy. 1hcrc` smanywaystogctatrcspasundcrthclaw,Your
2l Honor.
22 N. CoughInsadyouhadtobcwacdandrcmanonthc
propcrqnordcrtogctatrcspass,butthat` snotthconIywaytohavca
crmnaItrcspassundcrstatutc. 1hcrcarcIhrccwaysundcrSubscctonA.
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I !tyougoonthcpropcrqwththcntcnttovcxorannoy
2 somconc,you`vccommttcdacrmnaItrcspass. 1hat`st,rghtthcrc.
3 1hcrc`sanothcrpar|otthcstatutcthatsaystyougoorrcman
4 onthcpropcrtyahcrbcngwacdnottotrcspass,youarc guItyota
trcspass.
6 So,tsthccascthatsomctmcs,andwcsccthcscaIIthctmc
7 ncasnocascs,whcrcthccasnosccurtyssayng, YouIcavcthc
5 propcrq. Andthcysay,`"o,!`mnotIcavngthcpropcrq,orthcydo
9 somcothcrgcsturcthatndcatcsthcy`rcrcmsngtoIcavcthcpropcr|y.
1hat`sacrmnaItrcspass.
I l Buttyougoontothcpropcrtyahcrbcngwacdnottogoon
l 2 thcpropcrq,that`salsoatrcspass. Hcwaswacdsomanytmcsbythcm
l 3 pcrsonaIIy,byMr. HIIandMr.Bakcr,throughnotccs,through1udgc
Stcrrazzathathcwascvctcdtromthcpropcrty,andthcnthroughaNotcc
otEntryotOrdcr.
l 6 !don`tknowhowmanyothcrwaysthcycouIdhavcpossbly
l 7 doncths. ArcthcyrcgurcdtowamhmwhcnthcyactuaIIygoonthc
5 propcrq daysIatcr, andhc`sstIIIvngonthcpropcrty? ldon`tthnkso.
l 9 !thnkthcy`rcwcIIwthnthcrrghtstocaIIthcpoIcc,andsay, Hcy,wc
gotthsguy cvctcd,andhc`sstllonourpropcrty. 1hat`savaIdancst.
2I Now, wc`rcnothcrctotaIkaboutthcpublcpoIcy,Your
22 Honor, aboutwhcthcrt`sadvsablc,whcthcrt`sagooddcatoarrcst
23 somconcwho`sbccncvctcdhomthcpropcrq. 1hat`snotwhywc`rchcrc.
24 Wc`rcnothcrctohavcyoudccdcwhcthcrthat`sgoodpubIcpoIcyornot.
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I Wc'rchcrcIohavcyoudccidcwhcthcrIhcrcwasacriminal
2 IrcspassundcrRMC.YoumighInoIIhinkso,oryoumighIthinkso,buI
3 IhaI'swhywc'rchcrc. Wc'rcnoIhcrcIoscIpublicpolicyprcccdcnIabouI
4 IrcspassingpcoplcwhohavcbccncvicIcdIor variousrcasons,orIorccloscd
upon,orany|hinglikcthaI. Wc'rcnoIhcrcIodoIhaI.
6 WiIhrcgardIoalloIIhcissucsMr.CoughlinbroughIupin
7 rcgardIocommcrcialrcsidcncc,commcrcialpropcrIy,noIiccs,whcthcror
& noIthcycanIakcsummaqcvicIionprocccdingsagainsIacommcrcial
9 IcnanI,thisisnoIIhcpropcrIorumIodccidcIhaIissuc.
ThaI,Mr.Coughlin,hadanopportuniIyIoaddrcssinIronIoI
! ! 1udgcSIcrrazza,inhisappcalinIronIoI1udgcFlanagan,whichyouacIually
I 2 didhcarincvidcnccIoday. ThaImaItcrisappcalcd,and1udgcFlanagan
I3 alrcadydcnicdIhcappcal.
!4 ThaIissucshouldhavcbccnliIigaIcdi nIhcpropcr|urisdicIion.
Thcissuchcrcissimplc. HcwascvicIcdomhispropcrty announccdin
I 6 opcnCourIby1udgcSIcrrazza. HcwasprovidcdacopyoIIhcNoIicc.
I 7 Rcgardlcss,iIwasannounccdby1udgcSIcrrazza,"YouarccvicIcdoI
! & OcIobcr ` aIJ. p.m."
I9 ThaI`scnoughrighIIhcrc. RighIIhcrc. IIhcwasonthaI
propcr|yahcrOcIobcr ", Z , ahcrJ . p.m.,hciscriminally
2I trcspassingonIhaIpropcr|ycithcrbyaninIcnIIovcxorannoyIhcothcr
22 liIiganIsinIhaIparty,orbybcingwacdnoIIocomconthaIpropcrp,and
23 goingonIhaIpropcrIypursuanIIosIaIuIc.
24 IthinkIhcCiphasprovcniIscascbascdonIhosctwo
Ihcorics,andI'llsubmiIiIbcyondthaI.Thankyou.
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1HECO\K1. 1hankyouvcqmuch. AIrght--
M.CO\G . YourHonor,couId!?
1HECO\K1. No,wc`rcdonc. 1hat`st. Youknowhowt
works. 1hcprosccutorgocsrst,yougosccond,thcyInshup. 1hcyhavc
thcburdcnotproot. 1hat`st. Nomorcargumcnt. 1hat`svcrycIcar.
AIrght, IctmcjustmakcacoupIccommcntshcrc. Both
par|cshavcdcntcd- thcrc`snumcrousssucshcrc. 1hcbgssucsthc
wang. \ndcrourstatutc,bothZ.Z, andKC bI.10, thcparty- t
docsn`tcvcntaIkaboutthcvcxorannoy,thcpartywhogocsorrcmans,
cthcronc,M.Hazlct|-Stcvcnspontcdthatout, ntoanybuIdngahcr
bcngwacdbythcowncrorthcoccupant,adthcowncrsandoccupants
canbcagcntswthostcnsbIc,actualormpIcdauthorty, andccr|anIyM.
HIIandM.Bakcrhadthatauthorty. 1hat`sclcarlycstablshcdbythc
cvdcncc.
!tyougobackontothatpropcrty ahcrhavngbccnwamcd,
youarcguI|otatrcspass, and!gucssthcgucston swhatsawang?
AndunIkcmanyarcasnthcIaw,t`snotdcIncdundcrthctrcspassng
ordnancc,orthctrcspassngstatutc. !t`sanotccrcgurcmcnt.
AndthcrcaIssucnthscasc-thcrc`sanumbcrotssucs,but
!do- thcrc`snogucston,M.Coughln,thatyouwcrconpropcr|ythat
bcIongcdtoanothcrat Z KvcrKockonNovcmbcr J', andthat`snthc
CtyotKcno,andthcrc` snogucstonaboutthat.
1hcgucstons,what|pcotwangddyouhavc? Youhad
somanytypcsotwangs,t`shardtogurcoutwhchonc sthcbcst.
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l lrstotaII,thctrstwang- andbythcway,whcnwctaIk
2 aboutwamnghcrc, whcnyoulookatthcstatutcundcrstatcIaworthc
3 MuncpalCodc,boththcLcgsIaturcandthcCtyCouncIhavcgvcnsomc
4 guidaccthatindicatctor somcoccupantsthcy`vcgotsucicntwaingt
thcpropcrtyspostcdnaconspcuousmanncrnntcrvaIsotnotlcssthan
6 T00tcct.
7 So,somcthngasbroadasthatssuccntwangundcrour
& trcspassstatutc. Andthcstatutcgocsontosayt`sprmatacacvdcnccota
9 trcspass tthcpropcrtyspostcdortcnccdonapropcrq. 1hat`sprmatacia.
So,thcgucstonsddyouhavcnotcc? Odyouhavcsomc
! l sor|otwangnottobconthatpropcrty,andhcrc`swhatthcCourthas
l 2 dctcrmncd.
l 3 YourcccvcdsomckndotmIdnotcc,andawamngwhcn
youwcrcgvcna5-daynotccanda30-daynotcc. Probably nandottscIt,
probablynotcnoughtosuppor|atrcspassngt
_
dng.
I 6 Butat twoscparatchcarngs nOctobcrot20! ! , onthc ! 3
:-
7 andthcZ5
r
',whcrcyouwcrcprcscnt n Court,thcrccanbcnogucstonthat
I & thcssucswhcthcrornotthcowncrotthatpropcrtywantcdyouonthat
I 9 propcrqmorc, orshouIdyoubconthatpropcrty.
1hcn,rghtnopcnCourt,!udgcStcrrazacvctcdyouhom
2 l thcpropcr|y. HctoIIowcdthatupwthawrttcnEvctonUccsonad
22 OrdcrcIcarlyndcatngthatyouwcrccvctcd,andthatthcstaywasdcncd.
23 So,!don`tknowwhat- thatwouIdbcwhat!callsupcrnotcc,orsupcr
24 wang,comngtromthc!udgchmsclt.
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\ !t` soBcnthcstuatonwcncvcrgcIthatkindotwang. So
2 notonlyddyougctawamng,yougotanOrdcrtromthc!udgcthatyou
3 wcrccvctcdhomthcpropcrty. 1hatwasthcnpostcdonthchontdoorota
4 propcrqthatyouhadbccnmandrctumcdtoonNovcmbcr', ZZ (sc)
thcdaytwaspostcd.
6 1hcrcwasacopyIc!onacottcc tablcIatcratsomcpontn
7 tmcahcrMr.HIIhadcntcrcdthcpropcrtyadrcaIzcdthatthcrchadbccn
8 somconcnthcpropcr|y.
9 YouwcrccmaIcd. WhcthcrornotyourcccvcdthatcmaI,!
don`tknow,butthcrcwasatIcastanothcrattcmpttocmaIyouatanaddrcss
l I towhchyouhadrcspondcd,andtoanaddrcss, ancmaIaddrcss,towhch
I 2 youhadrcspondcdthatyouwouIdnotacccptcmaIsonyour- asnotcc.
I3 !naIIy,youwcrcmaIcdaNotccotEntryot !udgmcntto I ZI
l 4 KvcrKock. !`msurc- !wouIdgucssyouddn`tgctthat,butthcpar|cs
hcrcddcvcrythngpossbIctoprovdcyounotcc,toprovdcyouwang,
l 6 andyouhadactualnotcc,youhadconstructvcnotcc,matyoushouIdn`tbc
I7 onthatpropcrty.
l & 1hcStatcotNcvadaandthc SuprcmcCour|dccsonwhch
I9 Mr.HazIctt-Stcvcnsguotcdthsmomngand!havcn frontotmc,OIuI8 V.
t^lth08, INcv.5I , clcarly,cIcarIy, saysthatahcrsomconchasbccn
2I cvctcd,asubscgucntrccntrynthcpropcrtysatrcspass.
22 AtrcspassrccntryswhatthcSuprcmcCourtcaIIcdt,ddnot
23 crcatcanobjcctvcotthatcxpcctatonotprvacy.
So,that`sjustmcrstscction. 1hat`sbccnprovcdbcyondany
doubt. 1hcrc`snogucstonthatportonotthcstatutchasbccnprovcd.
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l And!wouIdaIsosubmtthatM.HazIct|-Stcvcnsscorrcct.
2 Andahcrgongbackonthatpropcrtynumcrousoccasons,scUngupa
3 rcsdcnccwthyourpctnthcbascmcnt,consttutcsascparatcbass
4 ndcpcndcnttromthcnotccrcgurcmcntthatyouwcntontothatpropcrty
wththcntcnttovcxorannoythcowncr.
6 So,undcranythcoryscttor|hbythcCty,!IndyouguIqot
7 thcchargcot1rcspassng. Wccanprocccdtoscntcncng.
& Mr.HazIctt-Stcvcns?
9 M.HAZLL11-S1VLNS: 1hankyou, YourHonor. !`IlIct
youknow, !thnkthc--
I I TCO\K1. !`vcndcatcdbctorcthcrcwIIbcnojal. 1hcrc
I 2 wIIbcnosuspcndcdscntcncc. 1hat`sbccnpar|ot myruIngandthatwII
I 3 nothappcnntoday`scasc.
I4 MK.HAZLL11-S1LVLNS: And!`vcalrcadyannounccdthat
onthcrccord,too,thatthcCtysnotgongtobcpursunganysortotjaI
l 6 tmc,whcthcrsuspcndcdoractual nthscasc. !don`tthnkt`sappropratc.
I 7 !thnkwcaIIshouIdknowthcvalucotourdttcrcntcascsthatwchavc.
l & !`mgongtouItmatclysubmtscntcncngtoyou,!udgc,
l 9 bccausc!`IItcllyou,homthcCty` spcrspcctvc,thcproblcms(naudbIc)
byM.CoughIn`sarrcst.
2I So,bascdonthat,!`msubmttngtoyou. Whatcvcryoudccdc
22 nthscasc,andputtngtmcscrvcd,wouIdbcokaywththcCty.
23 1HCO\K1: ! don`tbcIcvcthcrchasbccnanyothcrssuc
24 snccmsssuc. 1hsprobIcmsnotrccurrng,andwchavcnorcasonto
bcIcvcM.CoughInshcadcdbacktothatpropcr|y, corrcct?
lQc - I 5I -
l 5
I M HAZLL11-S1EVLNS. 1hat`scxactlyrght, YourHonor.
2 JCOLK1. M. CoughIn,any|hngyou`dIkctosay? !
3 notccdyouhavc$3! 0cashbaIpostcd. As!ndcatcd,asuspcndcd
4 scntcnccoranyjal scntcnccatallwIInotbcssucdbythsCour|.
5 So,anythngyou`dIkctosayntcrmsotscntcncng?
6 MK.CO\GHlN. Wcll,YourHonor,!mcan,thcrc` sthngs!`dIkc
7 toponttoasmtgatng!actors,buttothccxtcnt-byscntcncng,maybc!
8 don`t -
9 1HCOLK1. !canscntcnccyou. !`mtcIIngyourghtnow,
I O par|otmyjursdctonsuptomonthsnjal,upto a$Z,000,sukcthat,up
l I toa$! ,000nc,uptotwoycarsprobaton,anduptoZ00hourscommunty
I 2 scrvcc.
l 3 !wIInotbcputtngyouonprobaton. 1hatmcansthcrcwll
I4 bcnojaI. !` mnotputtngyouonprobatonanyway, butwthasuspcndcd
scntcnccotanc,thcrcwIIbcnojal. So,wc`rcIookngatalmcand/or
l 6 communtyscrvccand/ortmcscrvcd.
l 7 So,wchavc$3! 0postcd,andthcgucstonswhatscntcncc
I 8 should!mposc? Should!gvcyoucommuntyscrvcc? Should!not?
I 9 ShouIdl ncyouncxccssotupto$! ,000? Should!not? Whatwouldbc
2O thcappropratcscntcncc? 1hcrcarcmtgatngcrcumstanccs,aspontcd
2I outbythcprosccutor,thatyouhavcnotbccnbacktothcpropcrtyand!
22 consdcrthatavcrymtgatngcrcumstancc. !`mopcntoany arcas ntcrms
23 otwhatscntcnccyouthnkwouldbcappropratchcrc.
24 M CO\GHlN. Wcll,YourHonor,thngsthatlconsdcr
25 mtgatngcrcumstancc,andtthsCourtdocsn`t,!don`t
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00171
RE: Rejection Notice: Your filing, Re: Filing ID
1102535 - Employment Tor ts (Wrongful
termination) - WT - Mtn Proceed Forma Pauperis,
was rejected
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Tue 6/28/11 12:39 PM
To: eflex@washoecourts.us
Dear Mia (if Mia is not the employee receiving this, please copy her on it and have her respond to my
requests for information as they relate to her),
Please see
Nevada:Procedure:NRCP 5
RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS(e)
Filing With the Court Defined. The filing of pleadings and other
papers with the court as required by these rules shall be made by
filing them with the clerk of the court, except that the judge may
permit the papers to be filed with the judge, in which event the
judge shall note thereon the filing date and forthwith transmit them
to the office of the clerk. A court may by local rule permit papers to
be filed, signed or verified by electronic means that are consistent
with technical standards, if any, that the Judicial Conference of the
United States establishes. A paper signed by electronic means in
compliance with the local rule constitutes a written paper
presented for the purpose of applying these rules. The clerk shall not
refuse to accept for filing any paper presented for that purpose solely
because it is not presented in proper form as required by these rules or
any local rules or practices.
[As amended; effective January 1, 2005.]"
00172
Why do you continually refuse filings and refuse to give them filing dates? Mia, yesterday, in front of
Michelle Purdy, you attested to know why my filing was refused last week in front of Julie Wise and the
yet to be name clerk who refused my filings. Please respond, in writing, as to what your understanding is
regarding why those filings were refused at that time. I recall that yesterday you mentioned that,
amongst other things, you understood that there was a "problem with his affirmations pages". However,
the clerk I encountered at that time did not open a single page off the stacks of documents I was
attempting to file, so please clarify how it is you knew there to be a "problem with his affirmations
pages"? Nonetheless, please indicate how any such refusal relates to NRCP 5(e) dictate that:
"The clerk shall not refuse to accept for filing any paper presented for that
purpose solely because it is not presented in proper form as required by
these rules or any local rules or practices."
Please file any and all documents I submit for filing and accord them a filing date.
Sincerely,
Zach Coughlin
Date: Tue, 28 Jun 2011 10:25:08 -0700
From: eflex@washoecourts.us
To: zachcoughlin@hotmail.com
Subject: Rejection Notice: Your filing, Re: Filing ID 1102535 - Employment Torts (Wrongful termination) -
WT - Mtn Proceed Forma Pauperis, was rejected
To: Zach Barker Coughlin, Esq. zachcoughlin@hotmail.com
From: eflex@washoecourts.us
Date: 2011-06-28 00:17:27.0
Subject: Your electronic filing, Re: Filing ID 1102535 - Employment Torts (Wrongful termination) - WT -
Mtn Proceed Forma Pauperis, was rejected by Second Judicial District Court - State of
Nevada.

Case
Type:
Employment Torts (Wrongful termination) - WT
Document
Type:
Mtn Proceed Forma Pauperis
Document
Type:
Complaint - Civil
Reason(s)
for
This is being rejected for the following: 1) An IFP for this case has already been filed as of
6/27/11, you cannot re-submit a new one. 2) You cannot E-FILE an IFP. It needs to be paper
filed. 3) When e-filing documents, they must come in separately. and 4) Your exhibits in your
00173
rejection: complaint need to be scanned separately (with there cover sheet) and sent over as
continuations to your PDF document. - Mia 328-3148
00174
z z z a

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ZachCoughlinEsq
FYI
Unfrozen Caveman La\yer practicing in Reno and beyond in Nevada
About
Zach Coughlin Esg ++++ Attorney focusing on Prosecutorial and
Police Misconduct cases and lawsuits a2ainst the Public
Defender for Malpractice Nevada
Police, Prosecutorial
and Judicial
Misconduct
"There is no crueler tyranny than that which is exercised under cover of law, and with the colors of
justice .. -
- U,S. v, Jannotti, 673 F,2d 578,614 (3d Cir. 1982)
Note: We add links to updates with the original news articles reporting police and/or prosecutor
misconduct, so be sure to scroll down to check for "new news".
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The Justice Project's Recommendations to Ensure Prosecutorial Accountability
States should require that prosecutors' offices adopt and enforce clearly defined ofcial policies and
procedures.
States should require open-file discovery in criminal cases.
States should require that prosecutors document all agreements with witnesses and jailhouse
informants concering conferment of benefts of any kind.
States should require trial and appellate judges to report all cases of prosccutorial misconduct,
including cases where the misconduct is ruled to be harmless error.
States should establish a prosecutor review board with the power to investi
g
ate alle
g
ations of
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misconduct and impose sanctions.
States should require that prosecutors participate in training and continuing education programs.
Click HERE to read The Justice Project's policy review (pdt. Click HER to visit The Justice Project
website.
Justice in the Balance (Link)
A USA TODAY investigation documented 201 criminal cases across the nation in which federal
judges found that prosecutors broke the rules. The abuses put innocent people injail, set guilty people
free.
Both Sides of the Law A Special Report from the Milwaukee Journal-Sentinel
Both Sides of the Law
How the system allows Milwaukee Police offcers to keep their jobs despite run-ins with the law
Prosecutor Oversight
A Thumbnail Sketch ofUSDOJ"s "Public Integrity" Unit
On October 27, 2008, Alaska Senator Ted Stevens, a pillar of the Senate for 40 years, was convicted
of a seven-felony string of corruption charges -found guilty of accepting a bonanza of home
renovations and fancy trimmings from an oil executive and then lying about it. The conviction came
just in time to cost him re-election. Afer all, who has more credibility, a convicted felon or an elite
team of prosecutors brought together to ensure that elected offcials maintain the highest level of
integrity? As it turns out, it's the felon who is more credible. The hot-shot "Public Integrity"
prosecutors hid evidence of Sen. Stevens' innocence in order to get a conviction. They acted no .more
honorably than cheating prosecutors all over the country, the kind that distraught citizens turn to the
"Public Integrity" Unit to rein in.
Sentor Stevens was exonerated more than a year before he died in a plane crash on August 9, 2010.
Six weeks later, Nicholas Marsh, one of the "Public Integrity" prosecutors, committed suicide. The
ofcial investigation of the USDOJ prosecutors continued at a snail's pace, and appears to be
wrapping up with evidence of criminal misconduct that will go unpunished. Below are some
highlights of the investigation, food for thought that leads inexorably to the question, If they can do
this to a ranking U.S. Senator, what do they do to regular citizens?
December 23, 2008. A special agent with the FBI is accusing goverent prosecutors in the Ted
Stevens case of intentionally withholding exculpatory evidence from Stevens' lawyers and scheming
to conceal a witness from the defense team. Did the government cheat to convict the Senator?
February 14, 2009. An angry fcderal judgc held Justiec Department lawyers in contempt yestcrday for
failing to deliver documents to former senator Ted Stevens's legal team, as he had ordered. "That was
a court order," U.S. District Judge Emmet G. Sullivan bellowed. "That wasn't a request. I didn't ask
for them out of the kindness of your hearts .... Isn't the Department of Justice taking court orders
seriously these days?" Judges rarely hold prosecutors in contempt. They're following in Mike
Nifong's footsteps.
November 21, 2011. The lawyer investigating allegations of misconduct in the investigation and
prosecution of the latc Alaska Senator Ted Stevcns is not recommending that any of the government's
lawers face criminal charges. Still, the special prosecutor's report, fled in the chambers of \.L.
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w
District Judge Emet Sullivan, revealed "systemic concealment" of favorable information that would
have corroborated the former Republican senator's defense that he did not knowingly fle false Senate
fmancial disclosure forms. They're getting off a lot lighter than their victim did.
Texas. The former prosecutors who tried Michael Morton for murder in 1987 -District Judge Ken
Anderson and Round Rock lawyer Mike Davis -didn't mind hiding exculpatory evidence or
keeping a serial killer on the street to kill again. Getting a conviction was their only goal. Now that
Morton has been cleared, afer a quarter century in prison, Anderson and Davis don't want to answer
questions under oath about what they did to him. Ask me no questions, I'll tell you no lies.
California. Seventeen years afer he was set up by police and prosecutors and convicted of a murder
he didn't commit, Obie Anthony is free. Attorneys from the Northern Califoria Innocence Project
brought a state habeas petition, which was granted on the basis of the cumulative harm done by
egregious prosecutorial misconduct. And while Mr. Anthony sat in prison, the real killer got away
with murder.
North Carolina. Pity Durham County. First there was the fasco of publicity hound Mike Nifong,
eventually disbarred for his handling of the infamous "Duke LaCrosse Rape Case." A investigative
series by the Charlotte News & Observer examines evidence that his successor, Tracey Cline, may be
following in Nifong's footsteps, literally.
Twisted Truth
Part 1
Part 2
Part 3
Missouri. Kenny Hulshof once excelled at asking tough questions in Missouri courtrooms. But did
Hulshof push the rules to win? i\nd in doing so, did he convict innocent people?
Maryland. In 1988, the centerpiece of the prosecution's murder case against William Ray -in fact,
the only physical evidence the state had -was a baseball cap wor by the man who killed Baltimore
restaurant owner George Prassos. But when Ray's defense team sought the cap for DNA testing,
prosecutors say it has been lost. How convenient; how unbelievable.
North Carolina. The North Carolina Innocence Inquiry Commission has decided unanimously that a
three-judge panel should review the cases of Kenneth Kagonyera and Robert Wilcoxsin. Both pled
guilty to 2nd degree murder in the death of Walter Bowman of Fairview, NC, even though both
maintained their innocence before and afer their pleas. DNA results have excluded both men. Worse,
convenience store surveillance tape that would have supported their alibis was taped over with
footage from a soap opera while in the sheriffs department custody. The ghost of Rosemary Woods
must be haunting the Buncombe County Sheriffs Department.
UPDATE: September 22, 2011 - Kenneth Kagonyera and Robert Wilcoxson walked fee when a
panel of judges ruled they didn't kill a man during a home invasion despite their guilty pleas a decade
earlier. They pled to avoid the death penalty.
Illinois. In Zion, IL, on Mother's Day in 2005, 8-year-old Laura Hobbs and her friend, 9-year-old
Krystal Tobias, disappeared while bike riding. Afer searching all night, Laura's father, Jery Hobbs,
found them, stabbed to death. There followed a marathon, 48-hour police interrogation, after which it
was announced that Jerry had confessed. It was a classic, coerced, false confession, but te media
went with it. Nancy Grace called him "a monster." When the physical evidence -DNA -proved
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him innocent, the state took another 2 1/2 years to set him free and look for serial killer Jorge Torrez.
How many lives did the coerced false confession cost?
California. Caramad Conley of San Francisco spent 18 years in prison for a crime he didn't commit
because then*homicide investigator Earl Sanders, who would later become police chief, had stood by
in court while the star prosecution witness, a paid sitch, lied under oath. Business as usual.
Califoria. Only a tiny percentage of prosecutors who engaged in misconduct were disciplined by the
State Bar of California during a 12"year period, dccording to a report released October 4,2010.
Among 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had
committed misconduct, only six prosecutors -0.8% "were disciplined by the State Bar of
California. Only 10 of the 4,741 disciplinary actions by the state bar during the same period involved
prosecutors. "Preventable Error: A Report on Prosecutorial Misconduct 1997-2009," issued by the
Innocence Project's Northern California chapter, was written by Kathleen Ridolfi and Maurice
Possley, a visiting research fellow at the project. Possley won a Pulitzer Prize for his reporting at the
Chicago Tribune. Ridolf is a professor at Santa Clara University School of Law. Click HERE to
download the fll report (pdf formBt).
North Caolina. SBI agent Duane Deaver will likely face a judge to explain why he shouldn't be sent
to jal for making shifing explaUations about criminal blood tests in the case of Greg Taylorg found
innocent by the NC Innocence Inquiry Commission. The most likely question a judge will consider in
Taylor's case is simple: Did Deaver lie to the commission in September 2009 about blood tests
performed on Taylor's SUV in 1991. The answer should be obvious.
Missouri. A northwest Missouri judge has ordered all evidence thrown out in a decade-old murder
case in which a former Kansas City attorney is accused of beating his law partner to death in their
downtown offce. This is some of the most egregious prosecutorial misconduct documented by a court
in a long time. When the defense says "show me," the prosecution says no."
Texas. Police in Richardson, Texas put a lot of effort into coercing a rape confession from deaf
teenager Stephen Brodie back in 1990. Maybe that's why they continue to insist they had the right
guy, even though the physical evidenCe tied the crime -and 15 other rapes in the area -to Robert
Waterfeld. Brodie spent 10 years in prison for the crime. He has now brought a petition to establish
his innocence, based on Watcrfeld's fngerprint on the window of the victim's bedroom. Te cops
remain in denial.
UPDATE: Stephen Brodie was exonerated and freed on September 29, 2010.
Wisconsin. In response to the title of an article posted (below) just a few weeks ago, about the rarity
of discipline for Wisconsin prosecutors, VC C0 only add: Youre dar tootin'!" Both the Offce of
Lawyer Regulation and the Wisconsin Department of Justice detenined in 2009 that it was neither
unethical nor illegal for Calumet County DA Ken Kratz to send sexually charged text messages to the
victim of a vicious domestic abuse case he was prosecuting. His conduct doesn't look so good in
daylight. The rats who covered for him have deserted his sinking ship, but remember: The people now
prosecuting Kratz are the same ones who covered for him.
UPDATE: Kratz resigned from his post as Calumet Count DA on October 1, 2010.
New York. Prosecutors' failure to disclose that hypnosis was used to help a witness recover memories
of alleged sex abuse as a child does not invalidate a defendant's guilty plea, a federal appeals court
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has ruled. The 2nd U.S. Circuit Court of Appeals refused to grant the habeas petition sought by Jesse
Friedman, who was seeking to undo his 1988 guilty plea in a molestation case that rocked Nassau
County, N.Y., and became the subject of the documentary "Capturing the Friedmans." While the
Court denied the appeal, the judges urged the Nassau DA to reopen the case. In the interest of justice.
Wisconsin. The Offce of Lawyer Regulation has recommended that only three prosecutors be
reprimanded since 2007 -two public reprimands and one 90-day suspension. DAs rarely disciplined
in Wisconsin.
New York. In vacating a murdcr conviction and barring prosecutors from retrying the case, a fcderal
judge in New York has lashed out at the Brooklyn district attorey's Offce for failing to take
responsibility for its prosecutors' alleged misconduct. At a contentious, 90-minute habeas corpus
hearing on June 8, 2010, Eastern District Judge Dora L. Irizarry noted that petitioner Jabbar Collins, a
renowned jailhouse attorey, had uncovered numerous documents while serving his 34-yeas-to-life
sentence suggesting that prosecutors had withheld evidence, coerced witnesses and lied to the court
and the jury. The DA's wagons are circled.
New York. The trial judge should have caught this, but instead put his seal of approval on a coerced
Alford plea by Rasheem Richardson and sent him to prison for a knife atack someone else
committed. Rochester prosecutors said four witnesses identifed Mr. Richardson, when only one did
so, and she retracted the next day because she had been drunk when she fngered him. When faced
with a choice between a conviction and truth, prosecutors in Rochester choose a conviction.
Florida. Now that Anthony Caravella's conviction for the 1983 rape and murder of Ada Cox
Jankowski has been tossed by DNA, offcials there are forced to face the fact that now-retired
Sheriffs Deputy Tony Fantigrassi 's real talent was extracting false confessions from innocent
people. And then there's thc crime lab. A legaey of corruption.
New Jersey. An assistant Camden County prosecutor accused of withholding evidence resigned
yesterday afer prosecutors agreed they never turned over all the information required when a Camden
man charged with murder tried to prove his innocence. Harry Collins, who has been with the offce
for more than 15 years, resigned after the prosecution of Perman Pitman came under scrutiny. Pitman
was freed last month shortly afer ofcials discovered a handwitten note by Collins that said a
witness had been paid to lie. "Please destroy this note."
Maryland. In Baltimore, Donnie Chestnut's trial was delayed 15 times. Small wonder. The state had
no basis for the drug charges filed against him, and no justification for shooting him four times. He
was acquitted -and fled suit the same day.
North Carolina. State Bureau of Investigation (SBl) agent Michael Deaver stands with a foot in each
camp -junk science and egregious police misconduct. He can take a great deal of credit for Greg
Taylor's conviction for a crime he didn't commit, because Deaver selectively reported -and testifed
to -finding blood in Taylor's truck, when he knew that more sophisticated tests showed the
substance wasn't blood at all. SBI Director Robin Pendergraf stads behind Deaver, but there is a
growing call across the state: Re-examine Old Cases.
Colorado. So just what have cops and prosecutors in the Rocky Mountain State learned from the case
of Tim Masters-a vulnerable kid targeted to clear a disturbing murder, railroaded through court and
convicted on speculation and innuendo because there was no evidence against him? Douglas County
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Sheriff David Weaver and DA Carol Chambers give a resounding answer: Nothing, absolutely
nothing.
Massachusetts. Frankly, we never thought we would see it happen. Between 1991 and 1993, Boston
U.S. Attorey Jeffrey Auerhahn concealed evidence that might have cleared Vincent Ferrara and
Pasquale Barone of murder charges. No big deal. Business as usual. In 2005, the USDOJ Ofce of
Professional Responsibility found Auerhahn acted with "reckless disregard of discovery obligations,"
but all he "sufered" was a private reprimand. But Auerhahn's conduct has been referred to a state
agency, and he'll face a 3-judge disciplinary panel. The Tide is Turning. Click HERE for the back
story.
Illinois. A case that was about wheter a convicted man is innocent has morphed into an increasingly
personal brawl between two heavyweights unwilling to back down-with academics, prosecutors,
freedom of the press advocates, and students hanging on the judge's decision. The Professor and the
Prosecutor.
Iowa. The U.S. Supreme Court announced late on January 4, 2010 that it had dismissed an important
pending case over prosecutorial immunity afer being alerted that the dispute had been settled. The
action stops in its tracks a case that could have produced a landmark decision that many believed
would have reined in the longstanding tradition that prosecutors cannot be held liable for their actions
as prosecutors. Close call for crooked prosecutors.
More U.S. Federal Court. This time it's the federal cour in Columbus, GA, where U.S. District Judge
Clay D. Land issued a 19-page order harshly criticizing the U.S. Attoreys Ofices for the Middle and
Souther Districts for offering sweetheart deals to big-time drug dealers in order to fabricate a case
against defense attorey J. Mark Shelnutt -who was acquitted of all charges brought by the feds.
Same song, east coast verse.
U.S. Federal Court. A federal judge on December 15,2009 dismissed the entire criminal stock
options backdating case against two former Broadcom Corp. executives, concluding that the
goverent's handling of the case "distorted the truth-finding process" and made a "mockery" of the
defendants' due process rights. Before dcourtroom packed with observers and other parties in the
case, U.S. District Court Judge Cormac Carey of Santa Ana, Calif., entered a judgment of acquittal
for former Chief Financial Ofcer William Ruehle, who has been in trial since Oct. 23. Carney's
decision was met at first with stunned silence. These prosecutors aren't used to losing or getting
caught.
Califoria. Ed Jagels, renowned as one of Califoria's toughest district attoreys, built his career on
the Ker County child molestation cases of the 1980s, putting more than two dozen men and women
behind bars to serve decades-long sentences for abusing children. Appellate judges now say most of
those crimes never happened. Since the late 1980s, all but one of26 convictions Jagels secured have
been reversed. Kern County has paid $9.56 million to settle state and federal suits brought by fonner
defendants and their children. But he's retiring, leaving on his own terms, not held accountable for his
actions. Why not? Because Ker County voters kept re-electing him.
Florida. William Dillon spent 27 years in prison for a murder he didn't commit based on faudulent
"evidence" from dog handler John Preston (discredited in 1984) and perjured "snitch" testimony from
another jail inmate. Now that the snitch testifed at a legislative hearing about how Brevard County
detectives got him to lie under oath, the Brevard County Sheriffs Offce reopened the homicide
investigation. Isn't it a bit late?
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..
Florida. Actually, all over the US, but the latest example of a wolverine prosecutor who gets
convictions regardless of guilt is in Broward County, Florida -Robert Carey. Of course, he's a
judge now, and that s typical, too. A belt full of scalps qualifes prosecutors to move up to the bench
and apply the same, twisted legal rationales to the cases tried by and before them. Congratulations,
Judge Carey. Strike Four.
Wolverine prosecutors travel in packs. Robert Carncy's successor, Carolyn McCann, launched a full
court (no pun intCnded) effort to assault the credibility of Edward Blake and his lab, Forensic Science
Associates. Why? Blake not only found DNA in the Anthony Caravella case, but his tests cleared
Caravella of rape and murder charges. In 2001, the Broward Count Sheriffs crime lab "couldn't
fnd" any DNA evidence. They tavel in the same pack. Seek the truth? No. Protect the conviction.
Mississippi. Former Hinds County Circuit Court Judge Bobby DeLaughter, 55, has resigned his job
and pled guilty to misleading authorities. His plea means he'll be spending a little over a yea"1 8
months-in a federal prison, and he will lose his law license. He'll not have to answer for what he did
to Cedric Willis. DeLaughter sent an innocent man to prison for the rest of his natural life. even
though evidence was available to the contrary. DeLaughter is no victim.
California: As Michael Gressett waited for a jury verdict in a molestation trial, the Conta Costa
County sex crimes prosecutor had what he called a "nooner," bringing a felJow prosecutor to his
Martinez home for intercourse. What happened next, on May 8, 2008, is the subject of an explosive
rape case brought by the state attorney general. It involves a gun and an ice pick, but rests on a simple
question that Gressett ofen asks juries to decide: Was the sex consensual or forced? Do as I say, not
as I do.
Illinois: A Cook County judge ordered a new trial for convicted murderer Victor Saforld on May 22,
2009 afer fnding three Chicago police detectives once supervised by disgraced former Cmdr. Jon
Burge likely beat him into confessing. " ... I have a more complete history of the behavior of these
detectives," Circuit Judge Clayton J. Cranesaid. "That evidence is staggering. That evidence is
damning."
Wisconsin: Records show that over the past four years, Michael Froehlich, the son of Outagdie
County (Appleton) Circuit Judge Harold Froehlich, has been arrested more than a dozen times for
allegedly making threatening phone calls, drunken-driving related offenses, resisting arrest, battery,
false imprisonment and threatening a sheriff's deputy. During that time, Froehlich has been criminally
prosecuted just once -in 2008 -after he was caught driving drunk for the third time with a 0.361
percent blood-alcohol level, more than four times the legal limit. Is there a quid pro quo here between
the judge and the DA? (See Morphing DNA, Disappearing Evidence.) There's just something fshy
about it.
Virginia. A top state lawyer defending Virginia death sentences has been accused of misconduct by
the Virginia State Bar, an agency of the Virginia Supreme Court. The Virginia State Ba alleges tat
Katherine Baldwin Burnett, senior assistant Virginia attorey general and director of the ofce's
capital litigation unit, made false statements during a bar hearing in April 2006 and interfered with
another lawyer's access to evidence. Scaring jurors into silence afer the trial is over.
Illinois: When Johnny Savory was 14, Peoria, IL police and prosecutors used his coerced, false
confession to convict him of murdering two of his friends. When he was re-tried, the state trotted out
two prison snitches who claimed Johnny confessed the murders to them, and again got a conviction.
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The snitches have recanted, Johnny has been paroled, but he continues to seek his own exoneration
and the real killer's identity. Hoping DNA will do it.
New York: Nineteen years ago, police in Huguenot, NY forced 1 7-year-old Kevin Keller to sign a
confession to the murder of Elaine Ackerman. Kevin spent 1 8 months in jail before the local court
suppressed the confession and threw out the state's shaky case. Then, in early 2009, a DNA cold hit
was made, identifing James Babcock as Ms. Ackerman's rapistlkiller. Will Keller fnally clear his
name?
Wisconsin: About 14 years ago, Dane County Assistant District Attorey John Norsetter allegedly got
a call that attoreys for Ralph Armstrong say would've blown the murder case against their client
apart -if only they'd known about it. A proposed rule pending before the Wisconsin Supreme Court
would require prosecutors who receive such explosive information to reveal it to the defense -and
possibly to investigate it. The current Supreme Court rules for prosecutors require only that
exculpatory evidence be turned over to the defense before trial. No more tuning a blind eye.
ARMSTRONG UPDATES: 411109 -John Norsetter, the assistant district attorey who prosecuted
Ralph Armstrong for the murder ofUW-Madison student Charise Kamps in 1 980, testifed
Wednesday that he didn't recall until recently that he'd gotten a telephone call in the mid-1 990s from
a Texas woman who claimed Armstong was innocent. "The only thing that I clearly remember is
(saying) we convicted the right man," the now-retired prosecutor said. Armstrong Hearing, Day 1 .
4/2/09 The 29-year-old murder case against Rlph Armstong appeared in jeopardy Thursday afer
ajudge found that a Dane County prosecutor failed to notif the defense of a reported confession by
Armstrong's brother in 1 995. Reserve Circuit Court Judge Robert Kinney also found that Assistant
District Attorey John Norsetter violated a court order in 2006, resulting in destruction of key DNA
evidence. Armstong Hearing, Day 2.
8/ 1/09 Ralph Armstrong' s long wait for freedom, four years afer his conviction for te 1980 rape
and murder of a UW-Madison student was overtured, came closer to an end Friday afer a judge
dismissed the charges against him. Reserve Judge Robert Kinney, of Rhinelander, said a Dane County
prosecutor in 1995 should have told Armstrong's attorneys about a reported confession to the murder
of Charise Kamps by Armstrong's broLhr. He also said a prosecutor-ordered test in 2006 caused te
destruction of a semen stain on a piece of evidence that could have eliminated Armstrong as a suspect
in Kamps' murder. Is it really almost over?
Wisconsin: It was one of the most terrifing crimes ever to hit Kaukauna, WI, a community of
1 3,000. On June 25, 2000, Shanna Van Dyn Hoven, a 19-year-old UW-Madison student, was stabbed
to death as she jogged by a quarry near her home about 6 p.m. Prosecutors said Kenneth Hudson
stabbed Van Dyn Hoven, a stranger, in a ft of misplaced rage, and that they caught him red-haded,
covered in her blood. Newly uncovered evidence, however, appears to support Hudson' s contentions
-and raises more questions about the conduct of the police and the prosecutor, Vince Biskupic.
Morhing DNA, Disappearing Evidence
Related Links
Key Points of Motion Evidence Graphics Sheet
Comprehensive Motion (pdf DA's Tactics Questioned
Click HERE for full coverage of Wisconsin's Vince Biskupic money-for-leniency scandal.
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Click HERE for more on Vince Biskupic's approach to cooking up a case.
Califoria. As part of a criminal justice review unprecedented in county history, the Santa Clara
County public defender's has launched a massive project to revisit 1,500 or more sexual assault
convictions dating back two decades to determine whether innocent people may have been put behind
bars. Members of Valley Medical Center's Sexual Assault Response Team have been videotaping
examinations of patients since 1991, but prosecutors failed to inform defense atoreys in cases
involving those patients that such critical evidence existed. Under pressure to answer for the failure,
District Attorney Dolores Carr has since revealed there are 3,300 such tapes i existence, and this
week she vowed to inform defense attorneys of each case involving medical-exam videotape where
a defendat was convicted. Better late than never.
Pennsylvania. For years, the juvenile cout system in Wilkes-Barre, PA operated like a conveyor belt:
Youngsters were brought before judges without a lawyer, given hearings that lasted only a minute or
two, and then sent off to juvenile prison for months for minor offenses. The explanation, prosecutors
say, was corruption on the bench. In one of the most shocking cases of courtroom grf on record, two
Pennsylvania judges have pled guilty to taking millions of dollars in kickbacks to send teenagers to
two privately run youth detention centers. $2.6 Million in Payoffs.
But that's just the beginning. The two former judges, now admitted felons, are cooperating with
federal law enforcement ofcials as they continue their probe into corruption at the courthouse
Conahan used to run. The U.S. Attorney's Offce is, in fact, investigating possible case fxing in
Luzerne Count's uninsured and underinsured motorist cases and ha been for some time. So you
think it's just bad kids and adult criminals who were abused? Everybody suffers.
North Carolina. It used to be that all you needed for Bconviction was d vague allegation of sexual
abuse by a very young child and a signed confession by a day care worker. But jurors in Fraklin, NC
are picky. In Michael Bradley's case, they demanded actual evidence. All that the state could give
them was the word of a detective who thinks he can tell in minutes if someone is guilty ad will use
harsh techniques against a timid person to coerce a conviction to a crime that may not have happened
at all. Their verdict: Not Guilty.
Califoria. Herbie Gonzalez of Los Angeles, CA spent 196 days in jail, famed by two sherifs
investigators, Katherine Gallagher and Randy Seymour, who didn't hesitate to perjure themselves to
make murder, robbery and residential burglary charges stick. When Judge Cary Nishimoto dismissed
the charges because Herbie's "confession" was clearly coerced, Detectives Gallagher and Seymour
implied he got off on a "technicality." And when the real killer, Milton Gallardo, was identifed by
DNA, Gallagher and Seymour continued to claim that Herbie was "somehow" involved in the crime.
Once you frame a suspect, never admit you are wrong.
Illinois. DNA evidence has been widely embraced over the last two decades as a powerfl forensic
tool to prove a defendant's guilt or innocence. But in Lake Count, authorites have sometimes
pressed for convictions even when the DNA doesn't match a suspect. When DNA evidence excluded
a man convicted in the rape and battery of a 68-year-old woman, Mermel suggested the victim had
consensual sex with someone else. When DNA evidence excluded Juan Rivera in the rape and murder
of 8 l1-year-old girl, Mermel and another prosecutor suggested that the girl may have been sexually
active. The DNA, he said, was a "red herring." And, just recently, when lawyers for the man charged
in the killing of his 8-year-old daughter and her 9-year-old friend said i court that DNA evidence
from semen excluded hm the perpetrator, the Lake prosecutor had another explanation. Never let
scientifc facts stand in the way of a conviction.
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UPDATE: December 10, 2011 - The Illinois Court of Appeals has not only reversed Jua Rivera's
conviction, it has barred prosecutors from trying him again. Smelling the coming storm, Asst. State's
Atorey Michael Mermel announced he will retire on January 1,2012. A stinging rebuke to
prosecutors, justice after a quarter century for Juan Rvera.
Illinois. At last, former Chicago Police Lt. Jon Burge has been arrested. Burge or police ofcers who
were under his command systematically tortured suspects to get confessions. The torture included
suffocation, burns, electric shocks to the genitalsq heads slamed with phone books ad "games" of
Russian roulette. But it's too late to ch3ge BUge with torturing people. He's charged with lying
about the torture.
Cook County Judge Dennis Derbach is the last remaining defendant in the multi-million dollar
lawsuits that four alleged torture victims brought against the city and count. The lawsuits claim
murder confessions were coerced by former Chicago Police Cmdr. Jon Burge and his offcers. He is
being sued by Leroy Orange, a Death Row inmate who was pardoned and feed from prison by Gov.
George Ryan in 2003. Orange accuses Dernbach, who was an assistant Cook County state's attorey
at the time, of coaching Orange's confession. Orange also claims he told Dernbach he was tortured.
Last ma standing.
It doesn't get much more ironic. On the sae day Jon BUge was arrested, former Cook County Judge
Thomas Maloney died. He was the first-and remains the only-Cook County judge to be convicted
of rigging murder cases for cash when he was found guilty in April 1993 of taking thousands of
dollars to fx tree separaTe murder trials and a fourth felony case. Not so tough on crime.
Califoria. Contending that a top local prosecutor repeatedly sought to subver jUsticeq the state bar is
recommending that Ben Field be suspended from practicing law for thee years -a punishent that
would represent an unheard of public discipline against a Santa Clara County deputy district attorey.
Defense lawer Jamie Harmon is facing trial in late October, 2008 on a 20-count state bar complaint,
accusing her of neglecting the cases of some criminal defendants and misrepresenting what would
happen to other clients if they pleaded guilty without going to trial. And the 6th District Cour of
Appeals has overturned several convictions in recent months afer fnding errors by Santa Clara
County judges in their conduct of cases -including four cases in the past six months that were
presided over by Judge Paul Beral. Held accountable in Norther Califoria.
UPDATE: A CalifoOia State Bar Court appellate panel has upheld a four-year suspension for forer
Santa Clara County prosecutor Benjamin Field despite m amicus curiae brief from the Califora
District Attoreys Association warning of a chilling effect on prosecutions. Not Dissuaded.
Maryland. In at leas! nine homicide, sex assault and burglary CaseSg Baltimore police detectives
instructed crime lab technicians not to follow up on convicted criminals' DNA found on evidence at
crime scenes because they determined it was not relevant to their investigations. How tunnelvision
works.
North Carolina. An all-white jury in Concord, NC convicted Ronie Long of the rape of a prominent
white widow -the wife of a Cannon Mills executive -in 1976, a crime Ronnie has always denied
committing. His conviction was based on the victim's eyewitness identifcation of Ronnie. Now staff
and attoreys with the NC Center on Actual Innocence have uncovered laborator evidence that clears
Ronnie -evidence the state had all along and hid from Ronnie's defense for 32 years. The state
cheated to keep a rdpiSt fee.
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Maryland. Baltimore crime analysts have been contaminating evidence with their own DNA -a
revelation that led to the dismissal of the city Police Deparment's crime lab director and prompted
questions from defense attoreys and forensic experts about the professionalism of the state's biggest
and busiest crime lab. Baltimore police are talking out of both sides of their mouths, saying, 'Oh, it's
not a problem at all,' and on the other hand they have fred the crime lab director. How did this lab get
accreditation?
Califoria. In Bakersfeld, the crime lab is part of the DA's ofce. There is no "frewall" between the
prosecution side and the science side of the offce. This creates a confict that recently moved
prosecutor Nick Lackie to tell a jury, "So what?" This confict issue has come to a head in a recent
case in which a lawyer, Daniel Willsey, stands charged with causing the death of Joe Hudnall, a local
deputy by driving under the infuence of methamphetamine and causing Hudnall to crash. Defense
attorneys have learned that testing of the defendant's blood was conducted by a lab analyst who is a
close friend of the dead deputy's family. Cops in lab coats.
But wait -there's more. When Daniel Willsey's defense attoreys went back to court to argue
motions related to mishandling evidence by the DA offce's crime lab, everyonc got a big surprise.
The crime lab had "inadvertently" destroyed the sample of Willsey's blood that the lab claimed tested
positive for methamphetamines. Gosh, it's not like the DA wanted to make sure Willsey's defense
attorneys can't have a private lab test the sample. Ooops -Butterfngers.
Maryland. Raymond Jonassen, of Glen Burnie, Maryland, spent four months in jail based on
information that turned out to be false. In charging documents related to a burglary from earlier in
2008, county police Detective Tate, wrote in an application for arrest warant that Raymond H.
Jonassen's fngerprints matched a set discovered at the crime scene. In fact, there was no match, and
the county crime lab never indicated a match. It took another two weeks to dismiss te charge against
Raymond. Neither the county police nor the chief prosecutor see a problem in what happened.
Business as usual.
Prince Edward Island, Canada. In 1989, prosecutors wedged Anthony Hanemaayer between a rock
and a hard place, convincing that despite his imlocence, he needed to plead guilty to a rape he did not
commit in order to avoid spending the rest of his life in prison. He took the deal, spent 2 years in
prison, and has endured the stigma of a rapist since then. And when notorious rapistlkiller Paul
Berardo confessed to police and prosecutors in 2006 that he, not Anthony, had committed the crime,
they didn't bother to tell Anthony. Defense counsel in another case stumbled on it.
I llinois: I n 1995, Alan Beaman of Normal, IL was convicted of murdering his former girlfiend,
Jennifer Lockmiller, in 1993. The prosecutor, James Souk, didn't tell the jur about evidence that
showed Alan was 140 miles away when Jennifer died, or that forensic evidence linked another man,
not Alan, to the murder scene. Thirteen years later, the Illinois Supreme Court has reversed Alan's
conviction, calling the evidence against him "tenuous." James Souk was rewarded for his misconduct
in the usual way -he's ajudge now. The current county prosecutor, Bill Yoder, says he is "saddened
for the family of Jennifer Lockmiller." Apparently Mr. Yoder thinks it is okay to let a killer go fee,
so long as somebody does the time. Career advancement at its typical
Ohio: In 1998, when he was 12 years old, Anthony Harris of New Philadelphia, OH was subjected to
a brutal interrogation, then charged and convicted of the murder of Devan Duniver, who lived near
Anthony. Two years later, an Ohio appeals court threw out the conviction, rulig that the interrogation
was so coercive that Harris "had no choice but ... to confess." Prosecutor Amanda Spies got mad and
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got even; when Anthony tried to enlist in the Marines, she told military ofcials he was a murderer.
But vindictive conduct is not protected conduct. The 6th US Circuit Court has ruled that Anthony can
sue the prosecutor.
Nevada: Roundly denouncing a Las Vegas federal prosecutor for withholding 650 pages of evidence
potentially helpful to two lawyers charged in a stock faud case, the 9t U. S. Circuit Court of Appeals
upheld dismissal of all 64 charges and refused to allow a retial. The Justice Department's Ofce of
Professional Responsibility, not surprisingly, cleared Assistant U. S. Attorney J . Greg D3 of any
misconduct, and did so without contacting defense attorneys. Conduct in fagrant disregard of the
United States Constitution
Texas: The Dallas County di strict attorey who has built a national reputation on freeing the
wongfully convicted says prosecutors who intentionally withhold evidence should themselves face
harsh sanctions -possibly even jail time. "Something should be done," said Craig Watkins, whose
jurisdiction leads the nation in the number of DNA exonerations. "If the harm is a great ha, yes, it
should be criminalized." Punish Unethical Prosecutors
Mississippi: The exonerations of Kennedy Brewer and Levon Brooks exposed the corrupt underbelly
of rural and sparsely populated Noxubee County. But the corruption isn't limited to small towns with
little outside oversight. Take a look at Jackson, where judges take money from prosecutors to
guarantee "justice" and consider exonerations bad publicity. The Mississippi system.
Ohio: A judge dismissed aggravated murder charges against Arian S. O' Connor afer SUit Count
prosecutors asserted that Youngstown police "compromised" ballistic evidence in the 2002 slaying for
which O' Connor was charged. When they say "compromised," they mean "planted" evidence. That' s
fraud.
Pennsylvaia: It took a Fayette County, PA jury just 25 minutes to fgure out Bret Shallenberger was
innocent ofhiting a former employee to burn down Shallenberger's proftable business. It's the local
prosecutor, who promised the actual arsoni st immunity in exchange for faming Shallenberger, who
should be on trial. Wrong Defendant
North Carolina: A day afer Glen Edward Chapman was freed fom death row, the State Bureau of
Investigation agreed to review allegations of perjury ad obstruction of justice against Dennis
Roney. The former Hickory police detective led the 1 992 double-murder investigation that resulted
in Chapman' s convictions. Ex-Cop Who Led Discredited Case Probed
California: A federal appeals court removed a controversial judge, U. S. District Judge Manuel 1. Real
of Los Angeles, from another case, accusing him this time of "excessive and biased interventions"
that denied two defendants a fair tial. Biased Judge
Califoria: The Orange County case against James Ochoa for robbing three restaurant workers was
tainted at every level: police misconduct in manipulating the victims' identifcation of James and
misrepresenting the responses of a police tracking dog; efforts by the DA' s ofce to bully crime lab
scientists into lying about the DNA exclusion of James as the robber; and the inexcusable conduct of
Judge Robert Fitzgerald in extorting a gUilty plea from James by threatening him with life in prison.
In a rare series of real-time reports about the prosecution of James Ochoa, R. Scott Moxley told
readers of the Orange County Weekly exactly which public servants were perverting justice and how
they were doing it. As you read these, keep in mind that for the police, prosecutors and judge,
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business goes on as usual. Moreover, the DA is starting up his own crime lab, so he won' t have to put
up with scientists who refuse to lie about their findings.
The Case of te Dog Who Couldn't Sniff Straight
There Once was a Judge from Nantucket
Oops. Quiet Admission They got the Wrong Guy
If Evidence Doesn't Fit, Alter It
Also see how the California Attorney General played games with James Ochoa' s compensation:
Making a Chew Toy of Justice
Alabama and the U. S. : Don Siegelman, former Democratic Governor of Alabama, has a lot in
common with Georgia Thompson. Both were prosecuted for acts that were not crimes, by politically
motivated U. S. Attoreys, at the behest of vengeful politicos highly placed in the Bush administration.
The Seventh Circuit Court of Appeals tossed Thompson' s conviction at the conclusion of oral
argument, ordering her immediate release from prison. It has taken longer, but the foundation of lies
and corruption underlying Siegelman' s conviction is stating to crumble. Sadly, Bush and his cronies
have tured the U. S. Department of Justice into a cadre of political operatives. Justice in Amerika.
South Dakota: Stat with a 20-year-old cold case, two missing teenagers, and call their disappearance
murder. Pick a suspect, a rapist serving a long prison term. Use a state psychologist to "help" the
suspect' s sister come up with "recovered memories" of seeing the missing teens at her family' s fa.
Recruit a seasoned snitch to get a confession on tape. Voila! You've got a conviction -almost. Then
someone noticed it wasn' t the suspect' s voice on the taped confession . . .
Texas: Afer he was snared in a net of swirling controversies including an e-mail scandal and the high
-profle indictment of a sitting Supreme Court justice followed by an immediate move to dismiss that
case, Harris County (Houston), Texas, District Attorey Chuck Rosenthal resigned from ofce. It was
a stunning reversal of fortunes.
In a press release, Rosenthal said prescription drugs had impaired his judgment. But it was what
happened inside a southeast Houston home six years earlier that led to events in a federal courtroom
and to Rosenthal ' s resignation. Erik and Sean Iba a -the power of common men.
Mississippi: The Innocence Project has asked the state to fll the long-vacant position of State Medical
Examiner, and to stop using state pathologist Dr. Steven Hayne. Dr. Hayne' s work lies at the heart of
the wrongfl convictions of Kennedy Brewer and Levon Brooks. His credentials and the results of his
work have been solidly discredited for several years, but he is under no oversight because the State
Medical Examiner position has been vacant for more than a decade. How many more wrongful
convictions before te state acts responsibly?
But Dr. Steven Hayne is only half of the despicable duo. Forensic odontologist Dr. Michael West
found "bite marks" no one else could see on the bodies of the little victims in both cases, and in both
cases, testified that Kennedy Brewer and Levon Brooks were each guilty. "If you fabricate evidence
in a capital murder case, where you know that if the person' s convicted they are going to be executed
-as far as I' m concerned that' s the crime of attempted murder," says Peter Neufeld. "He' s a
criminal. "
Massachusetts: Stephan Cowans spent nearly seven of his 37 yeas of life behind bars, locked up for a
crime he did not commit. Exonerated in January 2004, Cowans sued and ultimately received a $3.2
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million setlement fom the cit of Boston in 2006. This past October (2007), he was shot dead in his
Randolph hore. Cowans never leaed how, or why, he came to be blamed for the non-fatal shooting
of Boston police offcer Gregory Gallaghcr in 1 997. Now, the Boston Phoenix has uncovered
substantial new information about the Cowas case. These revelations are troubling, as they suggest
that key members of the Boston Police Department (BPD) knew that Cowans was innocent, even as
they forged the case to prosecute him. Incompetent-r Corrupt?
New York: New York state investigators are probing how police and prosecutors handled the 1 988
bludgeoning and stabbing deaths of Seymour and Arlene Tankleff, whose son, Mart Takleff, served
1 7 years in prison for their murders before being released in December, 2007. What Took So Long?
New York: A teen shooting suspect' s quick decision to record his interrogation with a hidden MP3
device has played out as a perjury case against a veteran detective. Testifing at the trial of Erik
Crespo in April, Detective Christopher Perino, 42, emphatically stated that he hadn' t questioned the
then- 1 7-year-old about a Christmas Day 2005 shooting in The Bronx before the kid' s mother and aunt
showed up at the 44th Precinct station. But Crespo had secretly pressed record on his MP3 player - a
small device used to download music fom the Internet - hidden in his pocket and captured the
bullying interrogation. "Testilying" vs. Tape.
Link:
Texas Math
What do you get when you take one ambitious prosecutor, four cold cases, a couple of cooperative
snitches and four defendants with compelling innocence claims? You get three death sentences and
one life without parole.
Hawaii : A hard-won victory for the common man: Pinkerton v. KD (Link)
Arizona: In a breathtaking ahuse ofthe United States Constitution, Sherif Joe Apaio, Maricopa
County Attorey Andrew Thomas, and special prosecutor Dennis Wilenchik, ued the grand jur V
subpoena "all documents related to articles and other content published by Phoenix New Times
newspaper in print and on the Phoenix New Times website, regarding Sheriff Joe Arpaio from
January 1 , 2004 to the present." More alarming still, Arpaio, Thomas, and Wilenchik subpoenaed
detailed information on anyone who has looked at the New Times Web site since 2004. Taking a
Sledgehammer to the Constitution
Witin hours of the Phoenix New Times blowing the whistle on Sheriff Araio, County Attorey
Thomas and special prosecutor Wilenchik, the two top executives of the newspaper were arrested. By
the next day, public outcry was such that the charges were dropped and Wilenchik was fred. Which
leads to ou question: Why are Sheriff Araio and County Attorey Thomas still in ofce?
North Carolina: A Durham, NC judge on October 8, 2007 dismissed murder and robbery charges frst
filed in 1 993 against a mentally retarded defendant, ordering his release from a state hospital afer 1 4
years in custody without a trial. Floyd Brown, a 43-year-old Anson County man with 8 I Q of 50, was
charged in the robhery and beating death of 80-year-old Katherine Lynch in 1 993. He was found at
the time to be incompetent to stand trial, and has remained in state custody at Dorothea Dix Hospital
ever since as prosecutors refused to drop the case against him. (Hey, wasn't Mike Nifong the Durham
County DA?) The System Failed Him at Every Level.
Canada: The Supreme Court of Canada, in a 6-3 decision, has broken new legal ground by ruling
suspects can sue police investigators for negligence in cases of shoddy detective work. In a judgment
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that said police ofcers are not immune from civil l iabilit, the court set its eyes squaely on
combating wrongfl convictions and institutional racism, requiring police to face the same legal
consequences as other professionals who fail in their public duties. Ruling Applies Across Canada.
Illinois: Not since club-swinging cops in baby-blue helmets chased demonstrators through clouds of
pepper gas at the 1 968 Democratic National Convention have Chicago police been so awash in
trouble. Federal prosecutors have charged special operations ofcer Jerome Finnigan with planning
the murder of another member of the unit to keep him from talking to the government. U.S. Attorey
Patrick 1. Fitzgerald has announced the federal government was stepping into the torture case, saying
it would seek evidence of "petiury, false statements and obstruction of justice by members ofthe
Chicago police department." It' s political, it's cultural, it' s systemic.
Wisconsin: Award-winning jouralist Dee Hall of Madison, WI' s Wisconsin State Joural has fled a
stunning series on the prosecutorial misconduct of Dane County Asst. DA Paul Humphrey, as well as
the response -or lack of response -of Wisconsin's Ofce of Lawyer Regulation U Humphrey' s
conduct i n particular and prosecutorial misconduct i n general.
A Prosecutor Accused
Homicide . . . or Tragic Accident?
Ignoring Police, Humphrey Leaves Teen in Jail
Charging Bankrupt Man was Wrong
Not told she had to appear, woman charged afer she' s tardy
Questionable Handling of Horse Cases
A Vendetta against Defense Witnesses
Some of Humphrey' s Questionable Cases
30% Longer to Handle Felonies
Justice Demands Higher Standards
Wisconsin State Joural Editorial
Related
Devastating Consequences
25 Prosecutors Disciplined since 1 98 1
A 1 999 Classic - and Nothing has Changed
A Shocking Expose of Prosecutorial Misconduct
Michigan: Now that evidence points to serial rapist/killer Mathew Macon as the man who brutally
raped and murdered Lansing (Michigan) Community College Prof Carolyn Kronenberg, experts are
taking a careful look at what police and prosecutors called Claude McCollum' s "confession" to that
murder. "It's shocking to me that this was enough to charge, and ultimately convict somebody," said
Prof. Steve Drizin, one of the false confession experts who reviewed tanscripts of the two-hour
interview. Read it for yourself. Keep in mind that McCollum was excluded by DNA, ad the state still
called him a killer. McCollum Police Interview Questioned.
UPDATE: 9/22/07 -Ingham County DA Stuart Dunnings, III has joined Claude McCollum's lawyer
in asking the Michigan Court of Appeals to grant Claude a new tial. According to the joint motion,
Lansing Community College Police turned over a videotape which apparently showed that Claude
was somewhere else on campus at the time of Carolyn Kronenburg' s murder. Dunnings said if he
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knew in 2005 what he knows now, he would still prosecute Claude. Why wasn't the videotape tued
over before trial?
UPDATE: 9124/07 - The Michigan Court of Appeals has granted Claude McCollum a new tial.
UPDATE: 1 0/1 6/07 - Claude McCollum released on bail. State says he poses no danger to public.
Translation: He's innocent.
UPDATE: 1 0/24/07 - Charges against McCollum dismissed
Pennsylvania: Sometimes justice happens in spite of the justice system. Sometimes it only happens
when the people in the justice system get their noses rubbed in their messes. On 9/1 1/07, Lancaster
Count District Attorney Donald R. Totaro did the right thing by freeing Charles T. "Ted" Dubbs
from a 1 2- to 40-year prison term in two sexual attacks he probably did not commit. Dubbs was
sentenced in May 2002. Wilbur Cyrus Brown, a serial rapist who confessed to 1 3 other rapes,
including one on the same jogging trail where Dubbs supposedly committed his crimes, confessed to
those attacks in November. But Totaro had to spin things to poray his ofce as a well-oiled machine
that immediately tured to fx an honest error when it came to their attention. That's not what
happened.
Wisconsin: In a three-year span, Milwaukee Police Department Sgt. Jason Mucha was accused at least
1 0 times of beating suspects, planting drugs or both - claims so similar that judges took notice.
Mucha' s record shows how an individual can be the subject of numerous misconduct allegations and
continue to advance his career inside a department that lacks a reliable way to track problematic
behavior. His story also shows how a single offcer was instrumental in changing the way Wisconsin
courts consider claims of police misconduct. Forcefl Impact
Mississippi: Kennedy Brewer of Macon, Mississippi, a mildly retarded, Black defendant, was
convicted of raping and killing a 3-year-old girl and sentenced to death in 1 992. In 2002, he was
cleared by DNA, but he wasn't released. He has spent the past 5 years in the local jail, awaiting
retrial. Because you can bet, the local authorities plan to get another conviction and another death
sentence. The Sheriff says he can't look for a DNA match because Mississippi doesn't have a DNA
database -which is news to the state' s crime lab director. The prosecutor will bring back his star
witness, dentist Dr. Michael West, whose bite mark testimony has been disproven by DNA in other
cases, and who resigned from professional forensic dentistry groups to avoid expulsion. Prosecutors
are so sure they're right about Kennedy' s guilt that they' re Willing to Bet His Life on It.
UPDATE: 2/9/08 - Kennedy Brewer and Levon Brooks, both convicted of killing 3-year-old girls in
Noxubee County, Mississippi, and both cleared by DNA, are slated to be released. What did it take to
reach this point? Mississippi Attorey General Jim Hood had to take the prosecutions of these
murders away from the Noxubee County DA, something almost unheard of in the state' s history. The
Attorey General has charged Albert Johnson with the murders of both children.
California: A coalition of national nonproft groups has asked the Justice Department to investigate
and suspend FBI employee Danny Miller, who was found by a jury to have falsifed evidence against
Herman Atkins, a man who served 1 2 years in prison before being exonerated by DNA evidence.
Miller is in a position to continue doing harm to the innocent.
Wisconsin: Wisconsin Dept. of Justice special agent Greg Eggum put away a lot of people during the
time he worked as an arson investigator for the state. It was the means he sometimes used that caused
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the problems -forensic fraud, hiding and tampering with evidence, committing perjur -and state
agencies that should have investigated his conduct refused to do so. In 2006, Milwaukee investigative
consultant Ira Robins asked the state supreme court to appoint a special prosecutor to investigate
Eggu' s conduct. The state high court instead converted Robins' petition to an appeal in John
Maloney' S criminal case and dismissed it. Robins is back with a federal lawsuit detailing Eggum' s
misconduct and asking for a federal investigation. Click HERE to read the Complaint (pdf forat).
Ohio. Lee Lucas has had an extraordinary career as a DEA agent in Miami, in Bolivia, and now in his
hometown of Clevelad. He's gotten a lot of convictions, but with "issues" like evidence tampering,
beating informants, suborning perury and lying under oath himself. Lucas dodged all the
invetigative bullet, until May of2007. That' s when one of his informants, Jerrell Bray, told federal
public defenders: "I could fll a room with the innocent people I' ve helped Lucas put away."
Jerrell Bray said he wanted to come clean. But would anyone believe him?
Joshawa Webb won't answer the door. Joe Ward won' t leave his room. Lowestco Ballard' s wife had a
miscarriage. And Geneva France is a ghost. Collateral damage when police become criminals.
Wisconsin. A judge on July 25, 2007 threw out 3 Oshkosh man ' s 1 995 conviction for threatening to
kill disgraced former Winnebago County District Attorney Joseph Paulus after authorities agreed that
a prosecutor withheld important evidence and solicited false testimony from a key witness. The
prosecution of the case by former Outagamie County District Attorey Vince Biskupic "is an example
of really egregious conduct " by a prosecutor, said an attorey for the man, Mark Price. Vindication.
United States. The power, if not the arrogance, of prosecutors grated on Angela Davis thoughout her
1 2 years at the D. C. Public Defender Service, three as its director. Now a law professor at American
University, she has made a mission of exposing that power-n radio and TV and in a new book,
Arbitrary Justice-with hopes of reining it in. Her beef is not so much with prosecutors breang the
rules, althoug plenty do. Davis' greater worry is al I the behavior considered within bounds but
outside any reasonable notion of fair play. Abuse at the early stages.
Massachusetts. In what appears to be the largest sum of money ever awarded to people who were
wrongfully convi cted, a judge today ordered the federal goverment to pay $1 01 . 8 million to make
amends for framing four men for a murder they did not commit. Two of the men died in prison afer
being falsely convicted in the 1 965 gangland murder. Another, Peter Limone, spent 33 yeBs in jail
before he was exonerated in 2001 . The fourth, Joseph Salvati, spent 29 years in prison. Justice -
Better Late than Never.
Colorado. Somewhere between the spot Peggy Hettrick was abducted and the Fort Collins feld where
her partially clad body was dumped, her killer would have shed pieces of himself, mothlike. As he
pulled her through the grass that dark morng on Feb. 1 1 , 1 987, his skin cells could have sloughed
off onto her black coat. A strand of his hair could have hooked onto her shoes. A sneeze could have
dampened her blouse. This is the law of forensic science: When two people come into contact, they
leave cells on each other. But in the Hettrick murder case, authorities strayed fom this law by losing
some of these biological relies and destroying evidence linked to a prominent doctor they never
investigated for the crime. In doing so, they may have covered the killer' s genetic tracks. This
happened in Fort Collins, where a detective clung to his belief that a I 5-year-old boy committed the
crime, despite no physical evidence. In a county where prosecutors opposed saving DNA, let alone
testing it. In a state where the law doesn' t create a duty to preserve forensic evidence. The result: A
innocent man goes to prison for life, and te real killer moves on. Tim Masters is the iHocent man.
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UPDATE: January 3, 2008: Innocence Bid Gets Boost. Fort Collins, CO authorities violated evidence
-discovery rules when they withheld expert opinions that conficted with their theory that a 1 5-year
old Tim Masters murdered Peggy Hettrick in 1 987, according to special prosecutors.
UPDATE: January 22, 2008: Tim Masters released and his conviction vacated. DNA excludes
Masters and points to another suspect.
UPDATE: September 9, 2008 : Prosecutors in Tim Masters case get public censure for their
misconduct. Both Terry Gilmore and Jolene Blair are judges now, and tis isn't Gilmore' s frst
censure for prosecutor misconduct. Nonetheless, they are expected to be easily re-elected in 201 0 -
assuming anyone runs against either of them -because the public has such a short span of attention,
and the voters don't really care.
UPDATE: July 30, 201 0: Murder conviction was built on cop' s lies. Lt. Jim Broderick, one of the
lead investigators in the case against Masters, appeared before specially appointed Judge James
Hartmann in a hearing that l asted about 1 2 minutes. Broderick listened to the perjury charges against
him but waived his right to hear 8 formal reading of the indictment. He did not enter a plea. He is
scheduled to be back in court for a status conference September 28, 201 0.
Massachusetts Chief US District Judge Mark L. Wolf, in a rare rebuke to the US Justice Department,
has asked the Massachusetts Board of Bar Overseers to launch disciplinary proceedings against a
veteran federal prosecutor, Jeffrey Auerhahn, who withheld key evidence in a New England Mafa
case from the early 1 990s. His Victim Wants Auerhahn Disbarred. Click HERE for the back story.
Manitoba, Canada There has been intense scrutiny of cases handled by George Dangerfeld, who until
his retirement was considered the most formidable prosecutor toiling for Manitoba Justice. Since his
retirement, however, he has been dogged by allegations that some of his most faous cases were
miscarriages of justice. He was at the helm of two confrmed wrongfl convictions: James Driskell
and Thomas Sophonow. In both cases, judicial inquiries determined that Dangerfeld committed
errors, and failed in his duty to disclose relevant evidence to the defence. The Hon. Roger Salhany,
forer justice of the Ontario Court, has been retained to review the cases of former top Manitoba
prosecutor George Dangerfeld. Prosecutorial Misconduct Knows No Borders
Michigan Afer a house bured down on Bay-Arenac County Line Road near Bay City, MI,
Pinconning-Fraser Fire offcials called Michigan State Police fre investigator Jefrey Wallace to the
scene. They suspected arson, they told him. And when Wallace showed up w ith his ason dog named
Cops and produced evidence that accelerants feled the blaze, they had all the evidence needed to
brig charges - against Wallace. That's bccause local frefghters intentionally ignited the abandoned
structure -without using any accelerant - in a "sting" on Wallace executed in conjunction with
Michigan State Police and other agencies. Faking Your Way to Glory.
Wisconsin: The trend of prosecuting non-criminal conduct has spread from New York, where former
U. S. Attorey Rudy Giuliani initiated it, to the heartland. In Wisconsin, Georgia Thompson was a
civil service employee when she was convicted of fraud, afer being accused of steering a state travel
contract to a frm whose top ofcials were major campaign contributors to Gov. Doyle. Never mind
that shc knew nothing about the campaign contributions and was just trying to save the state money.
In a stunning and extremely rare move, a 3-judge panel of the 7th Circuit Court of Appeals acquitted
Thompson at the conclusion of oral arguments on April S, 2007, and ordered her immediate release
from prison.
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Not a politically motivated prosecution? Not a thinly vcilcd attempt by U. S. Attorey Steve Biskupic
to wound a sitting (Democrat) governor in the heat of an election? If not, then why was Thompson
repeatedly offered deals, even afer she was convicted, if she would "talk about higher-ups." Of
course it was. And an innocent woman was Caught in a Political Squeeze Play.
UPDATE: 9/1 2/07 - Te federal case against Georgia Thompson is long dead, and she is back to
work i her state job. But questions about the feds' failed prosecution of Thompson just won't go
away. And with good reason. Questions on Thompson case won' t quit.
from Liestoppers Blog
"A amazing performance of joualism on the fly."
Nifonging Seminar
Click the "ad" for details.
Wisconsin: Prosecutors retrying a 1 980 murder charge against Ralph Armstrong in Madison, WI
cannot use the results of a DNA test on a key piece of evidence because the results were obtained in
violation of a court order, a judge has ruled. Dane County Circuit Judge Daniel Moeser said the state
acted in "bad faith" when it went ahead with the testing without notifing the defense and, in the
process, used up the material - in violation of the judge's order. Bad Faith.
UPDA TE - 4/25/08: Now we know why the state violated a court order to test -and use up -key
evidence. The state, and specifcally, Assistant DA John Norsetter, has known for 1 3 years that Ralph
Arstrong's brother confessed to the crime of which Ralph was convicted. Norseter, who retired
from the offce last year, allegedly not only failed to investigate or notif Armstrong' s defense
attorneys of this confession, he subsequently ordered a test that destroyed evidence that could have
established Steve Armstrong' s guilt. Worse Than Bad Faith
North Carolina: Durham County DA Mike Nifong has made himself the national poster boy for
prosecutorial misconduct by his handling of rape allegations against Duke University lacrosse players.
Nifong made infammatory comments about the accused to the media, withheld exculpatory evidence,
and continucd to pursuc convictions long afer it was obvious thc dcfendants are innocent. Why did he
do it? He was running for election, and as Nifong himself said, ' I'm getting a million dollars of free
advertisements. '
Texas: In deciding Ex Parte James S. Masonheimer, the Texas Court of Criminal Appeals found that
Taylor Count prosecutors (including now Judge Robert Harper) intentionally withheld exculpatory
evidence with the specifc intent to avoid a acquittal on three sepaate occasions. The CCA granted
Mr. Masonheimer double jeopardy relief stating this prosecutorial misconduct met the Oregon v.
Kennedy standard. Third Trial Barred.
New York: Bruce Mason was convicted of arson and other charges in a federal bnch trial in
Binghamton, New York before the Hon. Thomas J. McAvoy. Although government and insurance
fre investigators found no evidence of arson at the fre scene (i. e. , no accelerant, no incendiary
device), the record shows these experts devised a physically impossible arson scenario, and ignored,
destroyed, suppressed, or lied about evidence which disproved it. When this wasn't enough to win the
conviction, authorities fabricated a witness. Lin: Brce Mason
Texas: The Dallas County, TX district attorey' s office has acknowledged that prosecutors illegally
withheld evidence tat might have saved a man from a 1 983 rape conviction and 1 0 years in prison.
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Newly discovered evidence amassed by attoreys for James Curtis Giles "strongly suggests" that he
wa misidentifed as one of three men involved in the gang rape, prosecutors said. They said his
conviction should be overtured, but stopped short of declaring Mr. Giles innocent. Instead, they
asked state District Judge Robert Francis for additional time to investigate Mr. Giles' claim that a man
with a nearly identical name was the true rapist. What' s in a Name?
Similar: Kerry Sanders was whisked from Los Angeles, CA to prison in Stormville, NY when he was
mistaken for fgitive Robert Sanders. For 2 years, no one would listen when he insisted, "My Name is
Not Robert."
New York: Following a "trend" begun by former US Attorey (now a presidential hopeful) Rudy
Giuliani, criminalizing non-criminal conduct, US Attorney for the Souther District of New York
Michael J. Garcia went afer David Finnerty and 1 4 other NY Stock Exchange foor specialists for
"interpositioning. " Interpositioning means that instead of matching pending buy and sell orders, the
specialists repeatedly tade for their company' s proprietary account, making a proft from the slight
differences in pricing. The government said Finnerty cheated customers out of$4. 5 million. Judge
Denny Chin overtured a jury' s guilty verdict, however, concluding that no one was defrauded of any
money and that interpositioning is not a crime. A Page from The Tyranny of Good Intentions
Minnesota: Minnesota prosecutors, the people accustomed to dishing out punishment, have found
themselves on the receiving end of two recent state Supreme Court decisions that targeted improper
closing arguments and other out-of-bounds trial behavior. Prosecutors are bristling over the decisions,
but many defense lawyers and legal experts think it' s about time that courts stop waring prosecutors
about misconduct and start doing something to stop it. Crackdown on Prosecutor Misconduct
Nebraska: Matt Livers of Murdoch, Nebraska, the latest false confessor to a murder, was set fee afer
evidence that two other persons committed the crime surfaced. The State' s own expert agreed with the
fndings of the defense expcrt that Livers was mentally retarded, vulnerable to the tactics used by the
police, and the confession was almost certainly false. Still to be explained are fndings in the car
police said Matt drove the night of the murders. Interestingly, no DNA is found in the car on first
inspection. It is only on second inspection, using a wet swab, that the DNA is found, in the only area
searched. Meet Matt Livers.
Vermont: In Burlington, VT, District Court Judge Michael Kupersmith has had it with police who
violate suspects' rights willingly and repeatedly by ignoring the precept of reciting a Miranda
warning. "It' s unfortunate that in this country there are people who believe that the rules do not apply
to the executive branch, and they do; and the courts are here to enforce that," says Judge Kupersmith.
"At least," he continued, his voiee rising, "these courts are. " Sidestepping Miranda.
California: A Huntington Beach police offcer's exoneration for planting a loaded gun in a suspect' s
car has led to the revelation that police routinely plant evidence in unsuspecting civilians' vehicles for
training exercises. Police admit planting evidence.
Il linois: In Chicago in 1 997, June Siler mistakenly identifed Robert Wilson as the man who slashed
her wish a razor blade, afer viewing a suggestive photo line up and being told he had confessed. This
is a chilling reminder of how easy it is for police and prosecutors to manipulate a witness' testimony.
Now, June says, "I have to make this right. "
Michigan: It took egregious misconduct by both police and prosecutors to hold together a case against
tcacher James Perry long enough for a jury to convict him of molesting 2 kindergarteners in suburban
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Detroit' s Oakland County. Well, it was either deliberate misconduct or these folks really believe that
"Har Potter" and "The Lion King" are "nonerotic pornography. " If you need your hair curled, read
the following news reports:
Lawyer seeks new trial or dismissal of charges
Conviction in sex case doesn' t pass the smell test
Judge reviews assault case
Judge frees teacher in sex abuse case
Perr' s jury, UO, was railroaded
But Wait!
Oakland County Prosecutor David Gorcyca is no stranger to prosecutorial misconduct
North Carolina: The Robeson County District Attorey has had to dismiss 1 80 dug cases because a
state and federal investigation has led to corruption charges against former drug enforcement deputies.
Three of those deputies -Roger Taylor, C.T. Strickland and Steven Lovin -have been charged in a
1 0-count federal indictment. The indictment alleges that they burned two homes and a business,
assaulted people, paid informants with drugs, and stole and laundered public money. Power Corrupts
South Carolina: An investigation by The Post and Courier (Charleston) uncovered endemic failures in
the state' s system for tracking police ofcers that allow problem eops to keep teir badges despite
histories of misconduct and even criminal behavior. Systemic Failure
New Jersey: Superior Court Judge Wilbur Mathesius thinks two N.J. Supreme Court justices are too
prejudiced against him to be objective when they review the 6-month suspension Mathesius caught
for, among other things, berating a jury for acquitting a defendant of illegal handgun possession;
talking ex parte to jurors in the midst of deliberations in a murder case; making derogatory comments,
some in public, about appellate judges; and gratuitous remarks that show bias about cases or
defendants. Can' t They Take a Joke?
Texas: The Bexar County district attorey's investigation into the possibly wrongfl execution of
Ruben Cantu had barely stated early in 2006, but already DA investigators were scoffng at the three
witnesses who contend Texas sent innocent man named Ruben Cantu to his death. The DA denies
bias.
Ohio: According to appeals court decisions, at least three men could be on death row because
Cleveland' s former star prosecutor Carmen Marino hid evidence. Three others had murder
convictions set aside, one because of what an appeals court called Marino' s "highly improper and
highly prejudicial" conduct. The others, because he hid key evidence or lied about secret deals with
jailed witnesses. Cuyahoga County Common Pleas Judge Daniel Gaul said Marino should be
criminally prosecuted for the abuses. How Many Other Marinos are out there?
Missouri: Sandra Kemper, a suspect in an alleged arson that took the life of her son, denied nine times
that she had anything to do with the fre. Then the St. Louis County police detective resorted to one of
the oldest tricks in the book -he told Kemper that she had failed a lie detector test. Later that day,
Kemper admitted that she set the fire to get out from under the burden of being the sole provider to
hcr family and to collect insurance proceeds. But the confession did not fit the facts of the crime, te
motive evidence was weak, and Sandra had passed the lie detector test with fying colors. The trial
judge declared a mistrial on issues related to the polygraph, and Missouri' s high cour has now ruled
that Sandra cannot be retried. Police Lies Backfired.
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Florida: Florida correctional offcials -already facing a surge of unwelcome scrutiny in the wake of
the forced resignation of former commissioner James Crosby, nine frings of high raning offcials by
Crosby' s successor, and te release of a videotapc showing the fatal beating of a fourteen yea old boy
-have been put on notce by former inmate Thomas Craig: I know where the bodies are buried.
Payback Time.
Wisconsin: Two years afer Winnebago County DA Joe Paulus pled gUilt to taking bribes to fx
cases, his iron-fsted approach is still practiced by local politicos. The Legacy of Joe Paulus Lives On.
Get the straight skinny on corruption in the Wisconsin legal system.
Full of Bologna
Ill inois: In 1 994, Chicago cops used a "reverse lineup" (in which a suspect is asked to identif his
victims), along with threats and physical abuse, to coerce 1 7-year-old Lafonso Rollins into confessing
to the rape of an elderly woman. He was convicted and sentenced to 75 years prison, but he was feed
in 2004 when DNA proved his innocence. He sued. Discover in his civil suit disclosed that the
police crime lab had excluded him based on blood type before Rollins was ever tried. Oops. The great
teamwork cost the city $9 mil lion. Cops & Crime Lab, Working Together
Fl orida: With the help of testimony from convicted murderer Clarence Zacke, Brevard County
prosecutors sent Wilton Dedge to prison for 22 years for a crime he did not commit. In December,
2005, Zacke was sentenced to life in prison for raping his adopted daughter 30 years earlier. Now,
Dedge's attoreys are calling for an investigation of the state attorney' s ofce afer learing during
Zacke' s rape trial that the child-rape allegations were the subject of a grand jur investigation before
Dedge' s trial in 1984. Hidden Dirt, Hidden Deals
New York: A former FBI agent helped set up the 1 992 shotgun murder of a Brooklyn mobster, a
federal civil suit fled by the gangster' s widow charges. The agent, Lindley DeVecchio, pulled a
surveillance team shortly before the rubout of Nicholas Grancio as a favor to Mafa capo Gregory
Scarpa Sr. -DeVecchio's secret informant, the suit contends. It' s Nothing Personal; It' s Just Business
New York. A Long Island, N. Y. , judge has been IeSed and charged by federal prosecutors with
participating in a money laundering and fencing scheme with a suspected organized crime associate.
According to a 71 -page complaint unsealed Tuesday by the Easter Distict of New York u.s.
Attorey' s Ofce, Nassau County District Court Judge David Gross helped d undercover Federal
Dureau of Investigation agent posing as a stolen diamond traffcker unload merchandise well as
launder about $1 30,000 in illicit fnds. A Cut in the Action
Tennessee: Two more former Campbell County sherif' s ofcers have been sentenced to prison for
the beating ad torture of a suspected drug dealer. The ofcers claimed they went to Lester Siler's
home to serve a probation violation warrant, but in fact they tortured him, demanding drugs and
money. And Siler' s wife tape recorded it. Taped Interrogation
I l l inois: In October, 2004, Kevin Fox of Wilmington, Illinos was arrested following a 1 4-hour
i l l lerrogation in which investigators said he confessed to molesting and murdering his 3-year-old
daughter Riley in Jue of the sae year. The prosecutor, just days away fom a hotly contested re
election bid that he ended up losing, vowed to seek the death penalty. A sheriffs offcer called the
Fi H Lab at Quantico, Virginia in November and told them to stop working on DNA evidence sent
t) : cre for analysis. Kevin' s attorney convinced the new prosecutor to send the evidence to a private lab
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f( l [ testing, and the DNA test results "absolutely" exclude Kevin. Charges that could have led to his
execution have been dropped. Riley's killer remains free. Political Overkill
UPDATE: 5/28/1 0 - Riley Fox's killer, identifed by DNA as Scott Wayne Eby, has been chaged
with abducting the 3-year-old from her own bed, raping and murdering her. Afer putting the Fox
family through hell with the bogus charges against Kevin, then losing a $1 5. 5 Million lawsuit for
malicious prosecution, Will Count Sheriff Paul Kaupas has apologized to the Foxes. Well, sort of
He had a spokesman do it on his behalf. So Little, So Late.
Virginia: Cisco A. Olavarria was almost 1 ,000 miles away when 1 4-year-old LaBrian Harris was shot
d `ad in South Richmond in the fal l of 2004. Eleven days after the Oct. 1 6 shooting, Richmond police
publicly named Olavaria, then 1 9, as a suspected accomplice in the killing and distributed his
d; iver's license photo to the news media. Early the next month, a special grand juy began meeting
o','er an intensive investigation by Virginia State Police into the killing of Olavarria's older brother,
S: mtanna, by two Richmond police offcers the preceding spring. It' s Time to Set the Record Straight
{ ' PDATE: Patrolman, ex-partner indicted in Santanna Olavarria's murder.
Califoria: Ker County DA Ed Jagels put two dozen innocent people behind bas on charges tat
t1 cy molested their own kids -while ignoring evidence that his fiends were throwing orgies with
teenage boys. So why is one of America's most reckless prosecutors still in power? Mean Justice's
r i [ty Secrets
I ' inois: A lawsuit was predictable in the case of two teenagers who were wrongly charged in the
february slaying of a Machesney Park, Illinois man. The lawsuit was brought by mothers of the two
y Uths who were wrongly charged, and it names Winnebago County Sheriff Dick Meyers, his
department, detectives and deputies. It's time for Safeguards to Protect Accused Kids.
\ isconsin. Suspicions about a 1 998 4th offense drunken-driving case dismissed by former prosecutor
12 rad Priebe have prompted Winnebago County DA Bill Lennon to refer the matter to the state
rpartment of Justice for review of the case. Lennon said he did so in response to "red flags" that
a;lpeared as prosecutors prepared a new drunken driving case against the same man, whose 1 998 case
V IS dismissed as a result of a motion by Priebe, then a Winnebago County assistant distict attorney.
l iebe appointed judge in Outagamie County Circuit Court and running for election in his own right,
s , i d he was ordered to dismiss the chage by then-DA Joe Paulus, now in prison for taing bribes to
fi x cases, and "had no choice". The Paulus Legacy Shines On
c ick HERE for full coverage of Wisconsin's Joe Paulus brber scadal, from initial allegations to
O ' ntencing.
C' lio: Derrick Jamison has been released fom Ohio's Death Row. His 1 985 murder conviction was
(' crtured by two federal courts, which ruled he was denied a fair trial by prosecutors who witheld
c idence that might have cleared him. 1 1 9t Innocent Person Released from Death Row
1 SA: The popularity of"CSI : Crime Scene Investigation" and its increasingly numeroUs progeny has
spawned what some folks are calling the "CSI Effect." That is, most people who might end up on a
j i ' !'Y know, or think they know, a great deal about forensic science and the kind of evidence needed to
s lve crimes. All this has been widely noted. What hasn't been noted is how years of cop shows have
a! rcady formed our background ideas about the criminal justice system. What this suggests is that we
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oll ght to be a good deal more suspicious of prosecutorial infallibility than television shows suggest.
Cop Show Effect
Wisconsin: A Milwaukee police officer has been charged with a criminal civil rights violation for
trving to shake down a parolee for money and gtilS, according to a criminal complaint fled in federal
C| ll in Milwaukee. The oficer, Ala W. Awadallah, 26, also threatened to plant drugs on the man and
tt have him sent back to prison, according to an FBI agent' s affdavit fled in support of the
complaint. If convicted, Awadallah faces a maximum penalty of two years in prison and $200,000 in
fnes. The Price of Staying Out on Parole
O'le day before Milwaukee cop Ala Awadallah was busted this week by the FBI on charges of
sll aking down a parolee, he was in the most unlikely of places: Sitting in the witness stand testifing
f l federal prosecutors in a drug/illegal immigration case. Can you say "appeal"?
I ! ' inois: An Illinois State Police l ieutenant says he was stopped fom investigating the possible
i l : volvement of a Downstate businessman in a double homicide because the man had made signifcant
pol itical donations. The l ieutenant does not allege wrongdoing by the politician, former Gov. George
Ryan, whose campaign fund received the businessman' s donations. But he alleges that state police
brass were guided by fear of political reprisals, even in m investigation with the highest possible
sl ' lkes-a death penalty murder case. Demote the Messenger
r ' ake HO mistake. Nearly 1 9 years afer the fact, this case is now a bigger mess tha it' s ever been.
S' ate police ofcials are the subject of ver serious allegations of misconduct, and the attorey
g neral' s ofice is representing the state police against the man leveling those allegations. Who will
s : p in to clean it up?
\" iseonsin: Dale Chu's conviction is proof that, in Wisconsin, you ca convict someone of arson even
W' len the cause of a fire cannot be deterined. All it takes is a win-at-all-costs prosecutor like Vince
B : .;kupic, perjured testimony from state "arson experts", te lies of a paid-off snitch and a dUied
d. l wn jury. Fixing It Up
T1C current DA in Winnebago County is conducting a secret John Doe investigation into the conduct
O Vince Biskupic and his friend and mentor, Joe Paulus, when they controlled the prosecutor' s
C i ces i n Winnebago and Outagaie Counties, He calls their actions i n the cases they made against
r , ilrk Price "an abuse of the justice system of the worst kind."
C ick HERE for full coverage of Wisconsin' s Joe Paulus bribery scandal, from initial allegations to
sc ' : tencing.
Ci ek HERE for fll coverage of Wisconsin's Vince Biskupic money-for-Ieniency scandal.
r " I ssachusetts: Eighteen years ago, three Boston-area men were convicted of fat al ly shooting a
J I ll1field couple in the basement of their Main Street home as their two young chi ldren slept upstairs,
B ' razen crime that sent shock waves through the quiet, prosperous suburb. Richard Costa, Dennis
D
.
lye, and Michael DeNictolis are each serving two consecutive life sentences without the possibility
O parole for the 1 985 slaying of Robert Paglia and his wife, Patricia, in a robbery at the couple' s
h' lise. But now a retired FBI agent says i n an affdavit that a former colleague gave false and
D: sleading forensic testimony -deemed crucial to the prosecution's case -at the trial. B S Bullet
r ' atching
htt ., :/ Izachcoughlinesq. wordpress. coml
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Fl orida: The Florida Department of Law Enforcement is joining the investigation of Broward
Sheriff s Offce detectives suspected of falsifying crime reports. Prosecutors recently fled criminal
ch: lrges against two deputies who are charged with falsifing documents and maki ng up confessions
to clear cases in Weston and Southwest Ranches. Dozens more deputies have been informed that they
are under invcstigation or havc been asked to give statements to prosecutors. Exceptional Clearance
Fl orida (but could be anywhere in the US): .ames Faller claimed innocence in a complicated loan
fr: l lld from the time he reported it to Florida regulators more than 1 0 years ago, when he tried to
explain it to an FBI Agent, when he was indicted, tried, convicted and sentenced to prison. Along the
way he infuriated federal prosecutors by making hundreds of allegations of misconduct at virtually
CVj stage of his prosecution in the $3. 6 million fraud because, he claims, tey got the wrong guy.
1.::y' l l Get You if You Tick Them Off
UPDATE: Faller's federal lawsuit has made it through the initial (and inevitable) barrage of motions
to dismiss and motions for summary judgment. Federal Judge Allows Suit to Stand
l ] ' i !1ois: Cook County, Illinois prosecutors have dropped murder charges against Dan Young, Jr. and
Ib'old Hill, who have spent more than 1 2 years behind bars, afer DNA test results undermined their
(c(.rced) confessions and testimony from a dentist who implicated the two through a bite mark and a
hi 4 ,ey. A Chicago Tradition
I l linois and Missouri : A federal jury has awarded nearly $6.6 million in damages to former Chicago
police Offcer Steven Manning, fnding two veteran FBI agents framed him for a Cook County
murder that put him on Death Row. The jury also held that one of the FBI agents also framed
Manning in a Missouri kidnapping case. Manning spent 1 4 years in prison before both convictions
V'C ovcIuGcd and the prosecutions were dropped. Framed by FBI
}I- ; zona: Last year, former Pima County DA Kenneth Peasley was disbarred for intentionally
pr; <cnting false evidence in death-penalty cases-something that had never before happened to an
i1 ' lcrican prosecutor. In a 1 992 triple-murder case, Peasley introduced testimony that he knew to be
faLe; three men were convicted and sentenced to die. Peasley was convinced that the three were
gui l ty, but he also believed that the evidence needed a push. According to the Death Penalty
1 11 ('ormation Center, since the mid-nineteen-seventies a hundred and seventeen death-row inmates
h, \'C been released. Defense lawyers, ofen relying on DNA testing, have shown rcpeatedly how
sl' Jdy crime-lab work, lying informants, and mistaken eyewitness identifcations, among other
fadors, led to unjust convictions. But DNA tests don't reveal how innocent people Come to be
pr. secuted in the frst place. The career of Kenneth Peasley -and the case of Martin Soto-Fong
( , . KilleI Instincts [pdf format]
J s vada: Police and prosecutors in the Las Vegas Valley routinely try to keep essential information
frum defense laVyers, violating the constitutional rights of those accused of crimej, defense attoreys
an' ! the county public defender say. Putting Away the Innocent
Wi sconsin: Everything was hunky-dory at the Department of Corrections when thc TV show "Lie
De ector" proposed flming a polygraph exam of prisoner Mark Price. But when Penny Brummer and
At:drey Edmonds were added to the slate, Deputy Corrections Secretary Rick Rael l l i sch pulled the
ph g, claiming the show is "entertainment", not news. Why the 1 80 degree switch? Perhaps it' s
bet.:ause Raemisch was Dane County Sheriff and at the helm of the Brummer and Edmonds
inyestigations. Confict of Interest
http: //zachcoughli nesq . wordpress. coml
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STATE BAR OF NEVADA
NORTHERN NEVADA DI SCI PLI NARY BOARD
STATE BAR OF NEVADA, )
Compl ai nant , )
vs. ) Case Nos. NG12- 0204,
ZACHARY B. COUGHLI N, ESQ. ) NG 12- 0434, NG12- 0435
Nevada Bar 9473 )
)
Respondent . )
===================================================
TRANSCRI PT OF PROCEEDI NGS
Wednesday, November 14t h, 2012
Reno, Nevada
J ob No. : 170008
Repor t ed by: CAROL HUMMEL, RPR, CCR #340
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1
2
3
DI SCI PLI NARY BOARD
4
J ohn P. Echever r i a, Esq. , Chai r
5 Mi chael K. J ohnson, Esq.
St ephen Kent , Esq.
6 Cl ar k V. Vel l i s, Esq.
Kar en Pear l , Lay Member
7
ALSO PRESENT:
8 Pat r i ck O. Ki ng
Deput y Bar Counsel
9
10
Zachar y Coughl i n, Esq.
11 Respondent
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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1 I N D E X
2 VOI R
STATE BAR WI TNESSES: DE CE RDE RCE DI RE
3 Br uce Beesl ey 10 16
Ri char d Hi l l 36 55
4 Paul El cano 88 116
Dor ot hy Nash Hol mes 129 139
5 Zachar y Coughl i n 163
6
7
RESPONDENT WI TNESS:
8 Mar y Bar ker 227
Zachar y Coughl i n 279
9
10
11
E X H I B I T S
12
STATE BAR EXHI BI TS MARKED ADMI TTED
13 1 - I ndex of Document s 32 35
2 - At t or ney Fees Or der 45 48
14 3 - Or der Af t er Tr i al 87 114
4 - Cont empt Or der 129 132
15 5 - Or der at t ached t o compl ai nt 132 137
6 - Let t er dat ed Febr uar y 14, 2012 t o
16 Mr . Coughl i n f r omMr . Ki ng 159 165
7 - Two- page l et t er dat ed Mar ch 9, 2011
17 f r omMr . Coughl i n t o St at e Bar 165 169
8 - Two page l et t er dat ed Mar ch 14, 2012
18 f r omJ udge Hol mes t o Mr . Cl ar k 171 175
9 - Af f i davi t of Pover t y 179 187
19 10- Or der i n Case 11CR 22176 187 188
11- Or der f or Summar y Puni shment 191 193
20 12- Or der Af f i r mi ng Rul es 197
13- Or der Gr ant i ng Respondent ' s Mot i on
21 t o Di smi ss Appeal 197
14- New Ver i f i ed Response 262
22 15- Redact ed and Ver i f i ed Response wi t h
t wo DVD di scs 264 268
23 16- Emer gency Ex Par t e Mot i on 267 268
24
25 - oOo-
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1 - oOo-
2 RENO, NEVADA; WEDNESDAY, NOVEMBER 14TH, 2012; 9: 00 A. M.
3 - oOo-
4
5 MR. ECHEVERRI A: Thi s i s t he dat e set f or t he
6 di sci pl i nar y hear i ng en r e Zachar y B. Coughl i n. The t i me
7 i s now 8: 56. The hear i ng was or i gi nal l y not i ced f or 9: 00
8 o' cl ock.
9 Last week on November 7t h t he panel met by
10 t el ephone conf er ence, and gi ven some i ssues t o be deal t
11 wi t h we i ssued an or der r equi r i ng t he hear i ng t o st ar t at
12 8: 45. I t i s now 8: 56. Mr . Coughl i n i s not pr esent . We
13 have i nf or mat i on t hat he di d phone t he St at e Bar of f i ce
14 and sai d t hat he woul d be l at e.
15 The r eason we' r e pr oceedi ng i n t he absence of
16 Mr . Coughl i n i s t hat one of t he wi t nesses, J udge Beesl ey,
17 i s i n Las Vegas and can onl y t est i f y bet ween 9: 00 and
18 9: 30, and so we' r e commenci ng t he hear i ng i n t he absence
19 of Mr . Coughl i n, despi t e hi s absence, because t he hear i ng
20 was not i ced t o commence at 8: 45.
21 Wi t h t hat , does any panel member have any
22 ot her comment s bef or e we pr oceed wi t h t he t est i mony of
23 J udge Beesl ey?
24 Mr . Ki ng?
25 MR. KI NG: Coul d I ask t he chai r man f or t he
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1 r ecor d t o i nt r oduce t he panel member s i n at t endance, and
2 t hen I wi l l - -
3 MR. ECHEVERRI A: Panel member s f or t hi s
4 hear i ng ar e Mr . St eve Kent , Mr . Cl ar k Vel l i s, Mr . Mi chael
5 J ohnson, and Kar en Pear l . And I ' mt he chai r man, J ohn
6 Echever r i a.
7 MR. KI NG: My name i s Pat r i ck Ki ng on behal f
8 of t he St at e Bar of Nevada.
9 Wi t h t he chai r man' s per mi ssi on, I woul d l i ke
10 t o t ake a wi t ness. The honor abl e f eder al J udge Br uce
11 Beesl ey, has i nf or mat i on t hat I t hi nk t he panel wi l l f i nd
12 r el evant t o Mr . Coughl i n' s hear i ng, and I woul d ask
13 per mi ssi on t o cal l hi mat t hi s t i me.
14 MR. ECHEVERRI A: Has Mr . Coughl i n been
15 not i f i ed t hat J udge Beesl ey i s an expect ed wi t ness?
16 MR. KI NG: Yes, he has.
17 MR. ECHEVERRI A: Thank you.
18 MR. KI NG: I n candor , Mr . Coughl i n has sent
19 vi a e- mai l many, many pages, and I ' mnot exagger at i ng when
20 I say hundr eds of pages of e- mai l s. And i n many of t hose
21 e- mai l s he' s pr ot est ed my cal l i ng any wi t nesses,
22 pr oceedi ng wi t h t he hear i ng, and speci f i cal l y pr ot est ed
23 agai nst havi ng any j udges not physi cal l y pr esent t est i f y
24 by phone.
25 I had not i ced t hat t hese peopl e woul d be
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1 t est i f yi ng vi a phone, whi ch i s why he' s awar e of t hat .
2 And I woul d ask t hat t he chai r al l ow any j udge t o t est i f y
3 by phone.
4 MR. ECHEVERRI A: Unl ess any panel member has
5 an obj ect i on, t hat ' s so or der ed.
6 MR. KI NG: Thank you. I wi l l now t r y t o r each
7 J udge Beesl ey.
8 ( Pl aci ng cal l t o J udge Beesl ey. )
9 MR. ECHEVERRI A: Let t he r ecor d r ef l ect t hat
10 i t ' s now 9: 02, and Mr . Coughl i n has j oi ned t he hear i ng.
11 Mr . Coughl i n, we' r e wai t i ng t o connect wi t h
12 J udge Beesl ey who i s t he f i r st schedul ed wi t ness t o appear
13 bet ween 9: 00 and 9: 30.
14 MR. COUGHLI N: I obj ect t o hi mappear i ng. He
15 wasn' t not i ced unt i l f ar t oo cl ose i n t i me - -
16 MR. ECHEVERRI A: I di dn' t hear . Can you speak
17 l ouder ?
18 MR. COUGHLI N: Yes, si r . I don' t bel i eve he
19 was appr opr i at el y not i ced of t he hear i ng, t hi s hear i ng.
20 MR. ECHEVERRI A: Mr . Ki ng?
21 MR. KI NG: As t he r ecor d r ef l ect s,
22 Mr . Coughl i n was ser ved a copy of t he compl ai nt t o t he
23 addr ess t hat he i s mandat ed t o pr ovi de t o t he St at e Bar .
24 MR. COUGHLI N: I don' t bel i eve t hat ' s cor r ect .
25 MR. ECHEVERRI A: Pl ease don' t i nt er r upt ,
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1 Mr . Coughl i n.
2 Go ahead.
3 MR. KI NG: Subsequent l y, Mr . Coughl i n f i l ed,
4 i mmedi at el y af t er we mai l ed t he compl ai nt vi a cer t i f i ed
5 and r egul ar mai l , Mr . Coughl i n f i l ed a mot i on t o di smi ss
6 t he compl ai nt .
7 MR. ECHEVERRI A: I t hi nk hi s ar gument her e i s
8 t hat he wasn' t not i f i ed t hat J udge Beesl ey woul d be a
9 pot ent i al wi t ness.
10 MR. KI NG: We sent a suppl ement al not i ce t o
11 Mr . Coughl i n t hat we i nt ended t o cal l J udge Beesl ey.
12 MR. COUGHLI N: I ' msor r y. I f I can j ust
13 i nt er j ect qui ckl y.
14 MR. ECHEVERRI A: Mr . Coughl i n.
15 MR. COUGHLI N: - - bef or e t he pr oceedi ng - -
16 MR. ECHEVERRI A: Mr . Coughl i n.
17 MR. COUGHLI N: Yes, si r .
18 MR. ECHEVERRI A: Pl ease don' t i nt er r upt .
19 MR. COUGHLI N: May I r ecor d t he pr oceedi ngs?
20 MR. KI NG: I ' mhandi ng, wi t h t he chai r man' s
21 per mi ssi on, a copy of t he suppl ement al not i ce.
22 I n addi t i on, as I i ndi cat ed, t he pur pose of
23 cal l i ng Mr . Beesl ey i s t o assi st t he panel t o under st and
24 Mr . Coughl i n' s conduct i n hi s cour t , and al so as a
25 pot ent i al r ebut t al wi t ness. Unf or t unat el y, J udge Beesl ey
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1 i s i n Las Vegas and i s onl y avai l abl e bet ween 9: 00 and
2 9: 30.
3 So what I woul d ask t he panel t o do i s t o
4 al l ow, as an of f er of pr oof , al l ow J udge Beesl ey t o
5 t est i f y. And t hen i f t he panel subsequent l y det er mi nes
6 f or some r eason t hat i t ' s not appr opr i at e, r ebut t al
7 t est i mony - -
8 MR. COUGHLI N: I ' msor r y. I need t o ent er ,
9 t hi s i s a speci al - -
10 MR. ECHEVERRI A: Mr . Coughl i n.
11 MR. COUGHLI N: - - I need t o submi t t hat f or
12 t he r ecor d.
13 MR. ECHEVERRI A: Pl ease don' t i nt er r upt .
14 MR. COUGHLI N: I need t o submi t t hat f or t he
15 r ecor d.
16 MR. ECHEVERRI A: You' l l get your oppor t uni t y.
17 MR. KI NG: J udge Beesl ey, my name i s Pat r i ck
18 Ki ng. I r epr esent t he St at e Bar of Nevada i n a
19 di sci pl i nar y hear i ng i nvol vi ng Zach Coughl i n. Di d you
20 under st and t hat t hat was t he mat t er i n whi ch you wer e
21 goi ng t o t est i f y t o t hi s mor ni ng?
22 J UDGE BEESLEY: Yes.
23 MR. ECHEVERRI A: J ust a second, Mr . Ki ng. Let
24 me st at e on t he r ecor d t hat because of t he t i me
25 const r ai nt s, I ' mgoi ng t o r ul e t hat we can t ake t he
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1 t est i mony of J udge Beesl ey, subj ect t o Mr . Coughl i n' s
2 l at er obj ect i on. He does have an obj ect i on. Gi ven t he
3 t i me const r ai nt s, he has not had an oppor t uni t y t o put on
4 t he r ecor d hi s obj ect i on. I ' d l i ke t o t ake t he t est i mony
5 of J udge Beesl ey, and t hen l i st en t o Mr . Coughl i n' s
6 obj ect i on.
7 MR. COUGHLI N: I di d f i l e a - -
8 MR. KI NG: Thank you, Mr . Chai r man.
9 J udge Beesl ey, t he panel consi st s of J ohn
10 Echever r i a - - I ' mnot pr onounci ng t he name - - but t her e' s
11 f i ve panel member s.
12 J UDGE BEESLEY: J ohn Echever r i a. You have not
13 spent enough t i me i n Nevada.
14 MR. KI NG: That i s cor r ect . Thank you f or
15 t hat .
16 Acr oss f r omme i s si t t i ng Mr . Coughl i n,
17 Zachar y Coughl i n. And i n t he r oomal so i s a cour t
18 r epor t er . Ther e' s no one el se i n t he r oomot her t han some
19 cour t secur i t y.
20 So what I ' mgoi ng t o ask you, J udge Beesl ey,
21 i f you coul d expl ai n t o t he panel your knowl edge of
22 Mr . Coughl i n r el at i ve t o t he Nevada Rul es of Pr of essi onal
23 Conduct r el at ed t o - -
24 MR. COUGHLI N: Obj ect i on. Rel evancy.
25 MR. ECHEVERRI A: Excuse me, Mr . Ki ng. We
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1 pr obabl y shoul d admi ni st er t he oat h t o J udge Beesl ey.
2 MR. KI NG: J udge Beesl ey, t he cour t r epor t er
3 wi l l admi ni st er you t he oat h.
4 MR. COUGHLI N: I ' mgoi ng t o obj ect on
5 r el evancy gr ounds.
6 BRUCE BEESLEY
7 Havi ng been f i r st dul y swor n, t est i f i ed as f ol l ows:
8 DI RECT EXAMI NATI ON
9 BY MR. KI NG:
10 Q Judge Beesley, can you explain to the panel
11 your knowledge in this relevant time frame 2011-2012
12 regarding Mr. Coughlin and his conduct in your court?
13 A Mr . Coughl i n appear ed i n my cour t a coupl e of
14 t i mes, at l east t wo or t hr ee t i mes. The f i r st t i me I
15 r ecal l hi mcomi ng t o my cour t he came i n, he was wear i ng,
16 I t hi nk, a T- shi r t and a t i e, and no j acket . And he
17 i ndi cat ed t hat he had been evi ct ed f r omhi s r esi dence or
18 hi s of f i ce, i ndi cat i ng i t was not because of not payi ng
19 t he r ent , and t hat t hat was why he wasn' t what I woul d
20 consi der appr opr i at el y dr essed.
21 I apol ogi ze. I don' t have my l et t er i n f r ont
22 of me. But my r ecol l ect i on i s t hat he had f i l ed a
23 pl eadi ng on behal f of hi s cl i ent i n r egar d t o some aspect
24 of a bankr upt cy case, and t hat t he pl eadi ng was l engt hy,
25 di dn' t make any sense, and j ust sor t of r ambl ed t hr ough a
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1 gr eat deal of i r r el evant st uf f .
2 I had hi ma coupl e ot her t i mes i n my cour t and
3 had t he same exper i ence, t hat - - he was dr essed
4 appr opr i at el y t he ot her t i mes I had hi mt her e, and he was
5 ver y pol i t e and appear ed t o be a ver y i nt el l i gent man.
6 But hi s pl eadi ngs di dn' t make any sense. Hi s
7 ar gument s di dn' t make any sense. And I became concer ned
8 t hat he was suf f er i ng f r omal cohol or dr ug abuse or had
9 some sor t of ment al i ssues whi ch wer e pr event i ng hi mf r om
10 bei ng abl e t o r epr esent hi s cl i ent .
11 I t al ked t o - - I made some i nqui r i es of t he
12 cour t and St at e Bar i f t her e was anyt hi ng - - t he f eder al
13 cour t f i r st , i f t her e was anyt hi ng t hat I had aut hor i t y t o
14 do t o t r y and get Mr . Coughl i n some hel p and l ear ned t hat
15 I coul d not .
16 I t hen t al ked t o, I t hi nk I t al ked t o Coe
17 Swobe, who i s Lawyer s Concer ned f or Lawyer s - -
18 MR. COUGHLI N: Obj ect i on. Rel evancy. Thi s
19 wasn' t not i ced ei t her or - - no - - or ment i oned i n t he
20 DOSEAL, whi ch you di dn' t ser ve appr opr i at el y, and you' r e
21 vi ol at i ng SCR 102 - - 1052( c) .
22 MR. ECHEVERRI A: Over r ul ed.
23 THE WI TNESS: I t al ked t o Mr . Swobe who
24 i ndi cat ed t hat t he St at e Bar di d have some ser vi ces
25 avai l abl e, and t hat he had been i n cont act wi t h
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1 Mr . Coughl i n. That ' s r eal l y al l he t ol d me.
2 And i t became appar ent t o me t hat over a
3 per i od of a coupl e mont hs at l east and I al so l ear ned of
4 some ot her odd behavi or i n some of t he cour t s wi t h j udges
5 t hat I knew.
6 MR. COUGHLI N: Obj ect i on. Hear say.
7 THE WI TNESS: But based on - -
8 MR. COUGHLI N: Obj ect i on. Can I get a r ul i ng
9 on my obj ect i on bef or e you cont i nue t est i f yi ng?
10 MR. KI NG: I ' mgoi ng t o ask t he chai r man t o
11 di r ect Mr . Coughl i n not t o shout or make speaki ng
12 obj ect i ons.
13 MR. ECHEVERRI A: I ' mgoi ng t o do t hat . You
14 can do i t - - I appr eci at e bei ng abl e t o be hear d, but we
15 can do i t at a l ower l evel , Mr . Coughl i n.
16 MR. COUGHLI N: You di dn' t seemt o hear me.
17 MR. ECHEVERRI A: MadamRepor t er , woul d you
18 pl ease r ead back t he answer t o whi ch Mr . Coughl i n was
19 obj ect i ng.
20 ( Recor d r ead by t he r epor t er . )
21 MR. ECHEVERRI A: The obj ect i on i s hear say.
22 Mr . Ki ng?
23 MR. KI NG: The j udge was j ust about t o t est i f y
24 as t o t he act i on he t ook based on t he i nf or mat i on he
25 r ecei ved, and t hat i s t he pur pose of t he i nf or mat i on i s t o
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1 show why he t ook t he act i on he di d.
2 MR. ECHEVERRI A: Over r ul ed.
3 MR. KI NG: Thank you, J udge.
4 THE WI TNESS: I ' mnot qui t e sur e wher e I was
5 i n my t est i mony, but based on t he di scussi ons I had, and
6 t he i nf or mat i on I got f r omot her peopl e, i t became
7 appar ent t o me t hat t her e wasn' t a pr ogr amt hat was goi ng
8 t o - -
9 MR. COUGHLI N: Obj ect i on. Foundat i on.
10 MR. ECHEVERRI A: Mr . Ki ng?
11 MR. KI NG: The t est i mony i s cl ear . He' s
12 expl ai ni ng t he act i ons he t ook r el at i ve t o Mr . Coughl i n' s
13 conduct , whi ch i s t he pur pose.
14 MR. ECHEVERRI A: Over r ul ed.
15 MR. COUGHLI N: He was speci f yi ng - -
16 MR. ECHEVERRI A: Mr . Coughl i n.
17 MR. COUGHLI N: - - no f oundat i on f or what he
18 was asser t i ng.
19 MR. ECHEVERRI A: Mr . Coughl i n, I ' ve over r ul ed
20 your obj ect i on.
21 MR. COUGHLI N: Yes, si r .
22 MR. ECHEVERRI A: Pl ease pr oceed, J udge.
23 BY MR. KI NG:
24 Q I apologize, your Honor, for the interruption.
25 But you were just about to testify as to what action you
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1 took with respect to the information you learned.
2 A What I di d was I wr ot e a l et t er t o t he St at e
3 Bar expl ai ni ng what had occur r ed wi t h Mr . Coughl i n,
4 i ndi cat i ng, I bel i eve, t hat I t hought t hat i n hi s cur r ent
5 st at e he was not abl e t o r epr esent hi s cl i ent s adequat el y,
6 and t hat t he St at e Bar shoul d l ook i nt o i t . I t hi nk t hat
7 was t he ext ent of what I di d i n summar y.
8 BY MR. KI NG:
9 Q Based on your actual personal knowledge of
10 Mr. Coughlin, would you believe that he has violated
11 Nevada Rules of Professional Conduct?
12 MR. COUGHLI N: Obj ect i on. Cal l s f or an exper t
13 opi ni on.
14 MR. ECHEVERRI A: Excuse me. Over r ul ed.
15 MR. COUGHLI N: I sai d obj ect i on, Pat .
16 MR. ECHEVERRI A: Mr . Coughl i n. Set t l e down.
17 You do not need t o yel l i n t hi s pr oceedi ng.
18 BY MR. KI NG:
19 Q Would you be of the opinion --
20 MR. COUGHLI N: I sai d obj ect i on, Pat .
21 MR. ECHEVERRI A: Mr . Coughl i n.
22 MR. COUGHLI N: Can we get a r ul i ng f r omt he
23 j udge? Can we have some due pr ocess her e, Pat ?
24 MR. ECHEVERRI A: Mr . Coughl i n, do not r ai se
25 your voi ce agai n i n t hi s pr oceedi ng.
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1 MR. COUGHLI N: I f t hi s i s a pr oceedi ng, i t
2 needs t o be handl ed l i ke a pr oceedi ng accor di ng t o t he
3 r ul es of evi dence.
4 MR. ECHEVERRI A: That ' s t r ue. And t hat ' s what
5 we' r e doi ng.
6 MR. COUGHLI N: No, i t ' s not .
7 MR. ECHEVERRI A: And I ' mgoi ng t o over r ul e
8 your obj ect i on.
9 Pl ease pr oceed.
10 BY MR. KI NG:
11 Q Have you formed an opinion, your Honor, as to
12 whether or not Mr. Coughlin is competent to practice law?
13 A Yes.
14 Q And what is that opinion?
15 A I don' t bel i eve he i s, unf or t unat el y.
16 MR. KI NG: Thank you ver y much. I have no
17 f ur t her quest i ons. I r eal l y appr eci at e your t i me.
18 The panel i n t hese set t i ngs may ask you
19 quest i ons or t hey may have quest i ons f or you, as wel l as,
20 I suspect , Mr . Coughl i n.
21 MR. ECHEVERRI A: Mr . Coughl i n, do you have any
22 cr oss- exami nat i on?
23 MR. COUGHLI N: Yes, si r .
24
25
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1 CROSS- EXAMI NATI ON
2 BY MR. COUGHLI N:
3 Q Good morning, Judge Beesley, your Honor.
4 A Mor ni ng.
5 Q I'm sorry to hear you feel that way about me,
6 sir, but I would like to ask you a few questions.
7 A Cer t ai nl y.
8 Q I would bet that your statements are made out
9 of concern.
10 A They ar e.
11 Q So I appreciate that, sir. And I don't mean
12 for my reactions this morning to indicate anything other
13 than a complete and utter lack -- a complete and utter
14 respect for you, sir.
15 A I don' t t ake i t any ot her way.
16 Q Thank you, sir. But it's out of a profound
17 respect for the law and due process that I'm acting the
18 way I am.
19 MR. ECHEVERRI A: Do you have a quest i on,
20 Mr . Coughl i n?
21 MR. COUGHLI N: Yes, I do.
22 BY MR. COUGHLI N:
23 Q Did you have Karen Sabo as a member of your
24 firm at one point?
25 A Yes, I di d.
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1 Q Can you describe any connection between myself
2 and Karen Sabo that you might be aware of?
3 A I ' mnot awar e of any.
4 MR. KI NG: Obj ect i on. Rel evance.
5 MR. ECHEVERRI A: The r el evance, Mr . Coughl i n?
6 MR. COUGHLI N: I coul dn' t hear t he j udge, si r .
7 MR. ECHEVERRI A: I ' maski ng you t he r el evance
8 of t hat quest i on.
9 MR. COUGHLI N: But t o t he ext ent t hat t he
10 j udge' s speaker i s r i ght next t o Mr . Ki ng, I bel i eve i t ' s
11 af f or di ng hi man i mper mi ssi bl e advant age. I coul dn' t hear
12 what t he j udge j ust sai d.
13 MR. ECHEVERRI A: Doesn' t mat t er . You asked a
14 quest i on about was J udge Beesl ey awar e of any r el at i onshi p
15 bet ween you and t hi s l ady.
16 MR. COUGHLI N: Yes. J ust f or - -
17 MR. ECHEVERRI A: Wai t a mi nut e. Mr . Ki ng
18 obj ect ed on r el evance. Your pr of f er of r el evancy?
19 MR. COUGHLI N: Wel l , si r , i f I can j ust
20 pr eser ve f or t he r ecor d. You sai d t hat i f Mr . Ki ng i s
21 obt ai ni ng an i mper mi ssi bl e advant age i t doesn' t mat t er t o
22 you.
23 MR. ECHEVERRI A: I di dn' t say t hat .
24 MR. COUGHLI N: That ' s what I hear d.
25 MR. ECHEVERRI A: Pl ease addr ess t he i ssue at
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1 hand. What i s t he r el evancy of your r el at i onshi p wi t h
2 t hi s f or mer l awyer and Mr . Beesl ey' s l aw f i r m? You' r e
3 pausi ng on t hat - -
4 MR. COUGHLI N: Because t hi s i s a r espect ed
5 f eder al j udge, si r . But I amsui ng Ms. Sabo' s
6 or gani zat i on r i ght now.
7 MR. KI NG: I woul d obj ect on t he gr ound t hat
8 i t goes beyond t he scope of di r ect .
9 MR. ECHEVERRI A: The r el evancy of t hat ?
10 MR. COUGHLI N: Hi s obj ect i on i s r el evant . My
11 r esponse, wi t h al l due r espect t o t he Honor abl e J udge
12 Beesl ey, i t goes somewhat t o wi t ness bi as.
13 MR. ECHEVERRI A: Mr . Coughl i n, t he i ssue i s
14 ver y nar r ow. The quest i on i s what i s t he r el evancy of
15 your r el at i onshi p wi t h t hi s Ms. Sabo? How i s t hat
16 r el evant t o t he i ssues i n t hi s pr oceedi ng?
17 MR. COUGHLI N: I bel i eve i t bear s on J udge
18 Beesl ey' s t est i mony. I don' t know qui t e t he ext ent t o
19 whi ch - -
20 MR. ECHEVERRI A: Obj ect i on sust ai ned.
21 MR. KI NG: For t he r ecor d, t he j udge di d
22 answer . And f or Mr . Coughl i n' s benef i t , he sai d he was
23 not awar e of any such r el at i onshi p.
24 Di d I mi schar act er i ze your t est i mony, your
25 Honor ?
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1 THE WI TNESS: That ' s what I sai d.
2 MR. ECHEVERRI A: Next quest i on, pl ease.
3 MR. COUGHLI N: Can I cl ar i f y? He wasn' t awar e
4 of any such r el at i onshi p meani ng?
5 MR. ECHEVERRI A: Mr . Coughl i n, pl ease addr ess
6 anot her i ssue.
7 MR. COUGHLI N: A basi s f or conf l i ct . Yes,
8 si r .
9 BY MR. COUGHLI N:
10 Q Judge Beesley, did you testify on behalf of
11 Stephen R. Harris recently?
12 MR. KI NG: Obj ect i on. Rel evance.
13 MR. ECHEVERRI A: The r el evance, Mr . Coughl i n?
14 MR. COUGHLI N: I di dn' t hear J udge Beesl ey
15 agai n.
16 MR. ECHEVERRI A: That doesn' t mat t er .
17 MR. COUGHLI N: I t doesn' t mat t er t hat Pat can
18 hear hi m, but I can' t hear hi m?
19 MR. ECHEVERRI A: No. I can' t hear t he j udge
20 ei t her , because you i nt er r upt ed hi m.
21 MR. COUGHLI N: J ust now?
22 MR. ECHEVERRI A: Yes. Ther e' s an obj ect i on as
23 t o r el evancy as t o whet her or not what r el evancy - -
24 MR. COUGHLI N: I obj ect ed. I di dn' t i nt er r upt
25 hi m.
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1 MR. ECHEVERRI A: I asked you t o expl ai n t he
2 r el evancy.
3 MR. COUGHLI N: Yes, si r . I ' mt r yi ng t o
4 r emember t he quest i on.
5 MR. ECHEVERRI A: The quest i on was di d he
6 t est i f y on behal f of Mr . Har r i s. The r el evance of t hat
7 i ssue i n t hi s pr oceedi ng?
8 MR. COUGHLI N: Wel l , I t hi nk i t pr ovi des a
9 basi s f or me compar i ng J udge Beesl ey' s r esponse t o me
10 bei ng evi ct ed t o hi s r esponse t o Mr . Har r i s' s i ssues.
11 MR. ECHEVERRI A: Over r ul ed - - I ' msor r y,
12 sust ai ned. Next quest i on, pl ease.
13 BY MR. COUGHLI N:
14 Q Judge Beesley, what in particular did you
15 notice about my work product -- when did you first contact
16 Mr. King about me?
17 A When di d I f i r st cont act who?
18 Q Mr. King. Bar counsel for the State Bar.
19 A I don' t know t hat I ever cont act ed Mr . Ki ng.
20 I sent a l et t er t o t he St at e Bar . I t hi nk i t was pr obabl y
21 addr essed t o Mr . Cl ar k, but I ' mnot posi t i ve.
22 Q So I'm sorry for that, your Honor. I do
23 recall you saying you sent a letter now.
24 Did you ever speak with Bar counsel Patrick
25 King with regard to me?
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1 A The onl y t i me I r ecal l speaki ng t o hi mwas a
2 f ew weeks ago or a f ew days - - pr obabl y a f ew weeks ago
3 when he asked me i f I woul d be abl e t o t est i f y at t hi s
4 hear i ng.
5 Q Are you aware of any extent to which Mr. King
6 has violated SCR 121's confidentiality dictates by
7 contacting my clients prior to any SCR 11 petition?
8 A Hol d on one second. Go ahead. I ' msor r y. Am
9 I awar e t hat Mr . Ki ng vi ol at ed a par t i cul ar st at ut e? I n
10 what manner ?
11 Q Whether or not he violated one?
12 A No, I ' mnot , one way or t he ot her .
13 Q Do you have knowledge of there being a motive
14 for Mr. King to all of a sudden seek to bring you into
15 this forum in that he has been subject to an accusation
16 setting forth a basis for this proceeding that relies
17 primarily upon some contention that you or -- I believe
18 you yourself, your Honor, because you're the only
19 bankruptcy judge I appeared before -- but Mr. King telling
20 his boss and, apparently, at least one of my clients prior
21 to my being suspended or even the petition being filed,
22 that your court had issued an order preventing me from
23 practicing there?
24 A I have no i dea what Mr . Ki ng may or may not
25 have sai d t o anybody. But I do not r ecal l i ssui ng an
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1 or der t hat sai d you coul dn' t pr act i ce t her e.
2 Q So can I take that to mean you haven't issued
3 any such order?
4 A I don' t t hi nk so. I si gn pr obabl y 150 or der s
5 ever y day. So I don' t r emember al l of t hem. I t hi nk
6 cer t ai nl y I woul d have r emember ed a case not al l owi ng you
7 t o pr act i ce t her e. But i f I di d, i t woul d have been
8 because I was concer ned t hat you wer en' t abl e t o r epr esent
9 your cl i ent s adequat el y, and t hey wer e bei ng hur t . But I
10 don' t know t hat I di d t hat .
11 Q What review did you undertake of my work
12 product and filings in your court to come to your
13 opinions?
14 A I l ooked t hr ough t wo or t hr ee pl eadi ngs t hat
15 you had f i l ed i n, I t hi nk you had one or per haps t wo
16 cases, and r ead t hem. And I obser ved you ar gui ng i n
17 cour t .
18 Q When specifically?
19 A I don' t r ecal l .
20 Q Was your testimony earlier today that the
21 first time you recall being aware of me was when I
22 appeared at the March 15th hearing in Cado Company v.
23 Keller at 2:30 P.M. shortly after being evicted at
24 gunpoint by the Washoe County Sheriffs --
25 A I act ual l y t hi nk you had appear ed i n f r ont of
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1 me one t i me bef or e t hat . But t hat was my f i r st st r ong
2 r ecol l ect i on of you appear i ng i n f r ont of me.
3 Q And it was that brief interaction whereupon
4 you formed your opinion that I wasn't fit to practice?
5 A No. I t hought i t was odd, but I do under st and
6 t hat peopl e have adver si t y i n t hei r l i ves somet i mes, whi ch
7 happens - -
8 Q You took it to be adversity rather than
9 misconduct by the sheriff?
10 MR. ECHEVERRI A: Mr . Coughl i n, you i nt er r upt ed
11 t he wi t ness.
12 MR. COUGHLI N: Yes.
13 MR. ECHEVERRI A: Go ahead, J udge.
14 THE WI TNESS: And I bel i eve t hat you had f i l ed
15 some pl eadi ng i n t hat case. And I went t o t he pl eadi ngs,
16 and t hey f r ankl y di dn' t make any sense. And I t hi nk you
17 subsequent l y f i l ed pl eadi ngs i n ot her cases whi ch al so
18 di dn' t make any sense, and I became concer ned.
19 BY MR. COUGHLI N:
20 Q At what point did you --
21 MR. ECHEVERRI A: Excuse me, Mr . Coughl i n.
22 Qui t i nt er r upt i ng t he wi t ness.
23 MR. COUGHLI N: I t hought he was done, si r .
24 I ' msor r y.
25 MR. ECHEVERRI A: Go ahead, J udge.
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1 THE WI TNESS: I became concer ned, and I
2 under t ook f ur t her i nqui r y wi t h Mr . Swobe f ol l owi ng t hat .
3 BY MR. COUGHLI N:
4 Q Your Honor, I would like to narrow it down.
5 When did you first contact the State Bar about me?
6 A I don' t r ecal l . I act ual l y cont act ed Coe
7 Swobe who wor ks f or t he St at e Bar , but i s i ndependent of
8 t hemi n most ways.
9 Q When did you first contact Mr. Swobe?
10 A I t hi nk i t was per haps a mont h or si x weeks
11 af t er my f i r st r ecol l ect i on of you appear i ng, my f i r st
12 r ecol l ect i on of you appear i ng i n f r ont of me af t er you had
13 been evi ct ed.
14 Q You would be referring to the T-shirt and tie
15 incident?
16 A Yes.
17 Q With a suit jacket on though?
18 A Yeah. And your apol ogy was sat i sf act or y,
19 al t hough I t hought your appear ance was odd.
20 Q Do you recall a hearing prior to that in that
21 same Cado Company v. Keller wherein Cado sought to amend
22 their adversary proceeding charges, and there was maybe a
23 five- to ten-minute hearing on that incident to which I
24 submitted about a 15-page motion addressing the salient
25 points of law in that setting?
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1 A I cannot pl ace i t i n t he cont ext of t hat case.
2 But I do r emember you submi t t i ng a mot i on descr i bi ng some
3 poi nt s of l aw on somet hi ng, and I di dn' t t hi nk t hat t hat
4 was compet ent wor k, f r ankl y.
5 Q You're referring to which motion?
6 A I don' t know. I don' t have any mot i on i n
7 f r ont of me.
8 Q So you have a fairly strong opinion on it, yet
9 you don't recall any specifics. Would that be an accurate
10 assessment of your testimony?
11 A What I r ecal l i s t hat your appear ance i n cour t
12 was odd, and your pl eadi ngs wer e not t r ul y compr ehensi bl e,
13 and t hat and f ur t her i nqui r es made me concer ned t hat you
14 wer e havi ng some di f f i cul t i es t hat pr event ed you f r om
15 ser vi ng your cl i ent appr opr i at el y.
16 Q Did you find any of my work competent?
17 A I don' t bel i eve I di d.
18 Q Not a single filing?
19 MR. KI NG: Obj ect i on. Ar gument at i ve.
20 MR. ECHEVERRI A: Sust ai ned.
21 BY MR. COUGHLI N:
22 Q Sir, are you aware I was ranked 10th in my law
23 school class, and a National Merit finalist?
24 MR. KI NG: Obj ect i on. Beyond t he scope of
25 di r ect .
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1 MR. COUGHLI N: He t est i f i ed as t o my
2 compet ency and my cr edi bi l i t y as a l awyer and a
3 pr of essi onal .
4 MR. ECHEVERRI A: Your quest i on had t o do wi t h
5 what t i me f r ame?
6 MR. COUGHLI N: I t has t o do wi t h my
7 capabi l i t i es.
8 MR. ECHEVERRI A: I n l aw school ?
9 MR. COUGHLI N: I n l i f e.
10 MR. ECHEVERRI A: But you asked about a
11 speci f i c event . Di d t hat occur i n l aw school ?
12 MR. COUGHLI N: What event ?
13 MR. ECHEVERRI A: The mer i t schol ar t hi ng.
14 MR. COUGHLI N: No. That ' s a st andar di zed
15 t est . The t op hal f of one per cent of al l hi gh school
16 j uni or s ar e sel ect ed as nat i onal mer i t f i nal i st s.
17 MR. ECHEVERRI A: You' r e i nqui r i ng about a hi gh
18 school t est ?
19 MR. COUGHLI N: I ' mi nqui r i ng about t he j udge' s
20 r epr esent at i on t hat he hasn' t f ound one f i l i ng of mi ne
21 compet ent . And t he r eason I ' mgoi ng i nt o t hat i s I
22 bel i eve i t goes t o t hi s j udge' s cr edi bi l i t y, f r ankl y.
23 MR. ECHEVERRI A: Sust ai ned. Next quest i on,
24 pl ease.
25 BY MR. COUGHLI N:
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1 Q Your Honor, I'd like to narrow down some of
2 these assessments you've made vis-a-vis when they
3 occurred.
4 A Unl ess you can show me t he document , I don' t
5 t hi nk I can hel p you wi t h t hat .
6 Q But you've testified pretty definitively here
7 today. So wouldn't that indicate some negligence on your
8 behalf in that regard?
9 MR. KI NG: Obj ect i on. Ar gument at i ve.
10 MR. ECHEVERRI A: Sust ai ned.
11 BY MR. COUGHLI N:
12 Q Your Honor, do you have any specific points of
13 law or issues with which you can elucidate why you
14 question my competency to practice in your court?
15 MR. KI NG: Obj ect i on. Asked and answer ed.
16 MR. ECHEVERRI A: Sust ai ned.
17 BY MR. COUGHLI N:
18 Q Do you recall any of my work product in Cado
19 and Company?
20 A Not speci f i cal l y, no. I r emember a f ai r l y
21 l engt hy br i ef t hat you f i l ed whi ch, I t hi nk, was t hat
22 case, t hat I t hought was r ambl i ng, addr essi ng poi nt s of
23 l aw whi ch wer en' t r el evant . I t hi nk had some di scussi ons
24 of hi st or i cal mat t er s and some di scussi ons of per haps
25 const i t ut i onal l aw, but i t wasn' t r eal l y r el evant t o t he
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1 mat t er t hat was i n f r ont of me.
2 MR. KI NG: Mr . Chai r man, i f you coul d be
3 mi ndf ul of t he f act t hat t he j udge has a hear i ng he needs
4 t o at t end, and advi se Mr . Coughl i n t hat he needs t o be
5 j udi ci ous i n hi s quest i ons.
6 MR. ECHEVERRI A: We have i ssued an or der ,
7 Mr . Coughl i n, t hat l i mi t s t he exami nat i on of wi t nesses on
8 each si de t o 15 mi nut es. You have sl i ght l y exceeded 15
9 mi nut es. I f you have a f ew mor e quest i ons t o r api dl y wr ap
10 t hi s up.
11 BY MR. COUGHLI N:
12 Q Your Honor, on Cado Company, wouldn't it
13 indicate a fairly high level of skill, particularly for
14 one who hadn't been practicing in a bankruptcy setting for
15 very long at all for, one, to deduce that in that case
16 Cado had issues with respect to the fact that they had not
17 renewed a dormant foreign judgment in that under the Texas
18 statute at issue, given the fact that the judgment was
19 over ten years old, and within the two years under the
20 statute within which they had to take some act to revive a
21 dormant judgment, they failed to do so. Wouldn't the fact
22 that I pointed that out in a brief, and specifically cited
23 to relevant legal research with respect to what particular
24 acts would qualify as reviving a dormant judgment in that
25 respect, wouldn't that indicate some level of competency?
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1 A I di d not ever say t hat I di d not t hi nk you
2 ar e hi ghl y i nt el l i gent . I t hi nk you ar e. But
3 i nt el l i gence and l egal compet ence ar e not t he same t hi ng.
4 I t hi nk you have a si gni f i cant l ack of abi l i t y t o f ocus on
5 t he i ssues at hand, but you' r e ver y smar t .
6 Q If I pointed out, which I believe I did in
7 that case, that Cado, by having a vice president file an
8 affidavit seeking to register a foreign judgment, that
9 their doing so violated NRCP 11, in that a corporation
10 such as Cado is not entitled to appear pro se, to wit
11 through a vice president who is not an attorney, wouldn't
12 that evince some level of capability as an attorney
13 sufficient to avoid having a federal judge respond to
14 Mr. King's imploring him to badmouth me at a hearing?
15 MR. KI NG: Obj ect i on. Ar gument at i ve.
16 MR. ECHEVERRI A: Sust ai ned.
17 MR. KI NG: Thank you.
18 MR. COUGHLI N: I appr eci abl e your t i me, your
19 Honor .
20 MR. ECHEVERRI A: Anyt hi ng f ur t her , Mr . Ki ng?
21 MR. KI NG: No. Any quest i ons of t he panel ?
22 MR. ECHEVERRI A: Any quest i ons of t he panel ?
23 Thank you, J udge Beesl ey.
24 MR. KI NG: Appr eci at e your t i me t hi s mor ni ng.
25 Thank you ver y much.
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1 MR. ECHEVERRI A: We t ook t hat t est i mony under
2 consi der at i on of your obj ect i on. Let ' s hear your
3 obj ect i on, Mr . Coughl i n.
4 MR. COUGHLI N: Yes, si r . Wel l , I bel i eve
5 J udge Beesl ey was i dent i f i ed i n a suppl ement t o
6 Mr . Ki ng' s, I ' l l cal l i t a DowSoE, and I hope t he panel
7 wi l l know what I mean, desi gnat i on of wi t ness' s summar y of
8 evi dence. I ' ve shor t ened i t i n my f i l i ngs.
9 Whi ch, i nci dent l y, SCR 1052( c) i s one of t he
10 f ew pr ocedur al r ul es i n t he supr eme cour t r ul es desi gned
11 t o af f or d at t or neys or suspended at t or neys, such as
12 mysel f , some due pr ocess. That r ul e r equi r es t hat t he
13 DowSoE be ser ved i n t he same manner i n whi ch t he compl ai nt
14 i s ser ved upon t he r espondent by t he panel wi t h at l east
15 30 days not i ce, or at l east 30 days pr i or t o t he hear i ng.
16 Thi s panel wasn' t even empanel ed unt i l , I
17 bel i eve t he or der was Oct ober 30t h. Mr . Ki ng pur por t s t o
18 have sent t he DowSoE hi msel f r at her t han i n some
19 separ at i on i n accor d wi t h t he r ul e, but he sent i t
20 hi msel f . On Oct ober 12t h he f i l ed mat er i al suggest i ng
21 t hat he sent a cer t i f i ed mai l Oct ober 12t h, and i n t hat
22 way i t ' s compl et el y vi ol at i ve of t he r ul es. Compl et el y.
23 And St eve Har r i s, who t he j udge t est i f i ed t o,
24 who was - - he admi t t ed t o mi sappr opr i at i ng 800K.
25 MR. ECHEVERRI A: Mr . Har r i s i s not t he subj ect
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1 mat t er of t hi s hear i ng. You ar e.
2 MR. COUGHLI N: He got Davi d Gr undy. And he
3 got hi s DowSoE sent by t he panel . And he got hi s f ul l 30
4 days. And I sent t hat f or war d - -
5 MR. ECHEVERRI A: I ' mnot concer ned wi t h
6 Mr . Har r i s. Di d you get not i ce t hat J udge Beesl ey woul d
7 be t est i f yi ng?
8 MR. COUGHLI N: Maybe - - I woul d l i ke t o check
9 my r ecor ds, but l i ke a coupl e days bef or e t hi s hear i ng. A
10 coupl e days.
11 MR. ECHEVERRI A: Was t hat a suppl ement al
12 desi gnat i on?
13 MR. COUGHLI N: Yeah.
14 MR. ECHEVERRI A: I s t hat per mi t t ed?
15 MR. COUGHLI N: I t hi nk i t i s per mi t t ed,
16 per haps i f somet hi ng comes up out of t he bl ue t hat ' s
17 r eal l y bear i ng, but Mr . Ki ng' s known about t hi s f or qui t e
18 some t i me.
19 And, i n f act , I ' ve f i l ed a compl ai nt wi t h, I
20 bel i eve I i ncl uded t hi s i n my compl ai nt wi t h St at e Bar
21 pr esi dent Lar don - - I hope I ' msayi ng t hat cor r ect l y - -
22 under SCR, I want t o say 104( 3) i n t hat I bel i eve upon
23 i nf or mat i on and bel i ef t hat Mr . Ki ng cont act ed one of my
24 cl i ent s or maybe one of my cl i ent s cont act ed hi mi n ear l y
25 May - -
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1 MR. ECHEVERRI A: I ' mf ocusi ng on your
2 obj ect i on t o t he t est i mony of J udge Beesl ey. Do you cl ai m
3 any pr ej udi ce because of t hat ?
4 MR. COUGHLI N: Yes.
5 MR. ECHEVERRI A: What i s t hat pr ej udi ce?
6 MR. COUGHLI N: Lack of not i ce.
7 MR. ECHEVERRI A: How does t he l ack of not i ce
8 l ead t o pr ej udi ce? You seemt o be ver y f ami l i ar wi t h
9 cases t hat appear ed - - i n whi ch you appear ed i n f r ont of
10 J udge Beesl ey.
11 MR. COUGHLI N: I wasn' t . I wasn' t as shar p on
12 t hat Cado st uf f , because I di dn' t t hi nk I needed t o be
13 t hi s mor ni ng, and I coul d have been a l ot shar per on t hat .
14 I r eal l y coul d have.
15 MR. ECHEVERRI A: I ' mgoi ng t o over r ul e t he
16 obj ect i on. I t hi nk t he not i ce was sent . Mr . Coughl i n was
17 awar e t hat J udge Beesl ey woul d be t est i f yi ng, and unl ess
18 t he panel has any obj ect i on t o J udge Beesl ey, woul d accept
19 t hat t est i mony.
20 Next wi t ness, Mr . Ki ng.
21 MR. KI NG: I f I coul d, I wi l l ask t hat t hi s
22 packet be mar ked f or i dent i f i cat i on pur poses as Exhi bi t 1.
23 ( Exhi bi t 1 mar ked. )
24 MR. ECHEVERRI A: Coul d you descr i be f or t he
25 r ecor d, Mr . Ki ng, what t hat packet i s?
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1 MR. KI NG: Thi s i s t he f or mal hear i ng packet .
2 I t was pr ovi ded t o each member of t he panel . I t i s
3 i dent i f i ed as t he Zachar y B. Coughl i n f or mal hear i ng. I t
4 has t he gr i evance number s and t he dat e of November 14t h,
5 2012, begi nni ng at 8: 45. I t has an i ndex on t he f r ont
6 showi ng t he cont ent s, and wi t hi n t he packet i t i ncl udes
7 some of t he appl i cabl e Nevada Rul es of Pr of essi onal
8 Conduct t hat t he panel may f i nd r el evant t o t hi s case. I n
9 addi t i on, a copy of t he compl ai nt and t he not i ce of t he
10 hear i ng, as wel l as a mot i on f i l ed by Mr . Coughl i n, as
11 wel l as t he f i r st desi gnat i on of hear i ng panel member s.
12 MR. COUGHLI N: Fr audul ent r et ur n of ser vi ce.
13 MR. ECHEVERRI A: Excuse me, Mr . Coughl i n.
14 MR. KI NG: So I woul d ask t hat t hi s be
15 admi t t ed as Exhi bi t No. 1.
16 MR. ECHEVERRI A: Mr . Coughl i n, any obj ect i on?
17 MR. COUGHLI N: I woul d obj ect based on t he
18 f act t hat Mr . Ki ng' s vi ol at i ng NRCP 11. And he knows t he
19 r et ur ns of ser vi ce ar e f r audul ent .
20 MR. ECHEVERRI A: That he knows what ?
21 MR. COUGHLI N: He knows t he r et ur ns - - t hat
22 he' s submi t t i ng t hat i s f r audul ent .
23 MR. ECHEVERRI A: How so?
24 MR. COUGHLI N: Because one, t he not i ce of t he
25 hear i ng, he' s at t ached a cer t i f i ed mai l i ng t hat says i t
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1 was mai l ed out on t he 12t h. Wel l , i f you do a t r acki ng
2 conf i r mon t he USPS Websi t e, i t says t he f i r st t i me i t was
3 scanned i nt o t hei r ser vi ce was t he 16t h. Fur t her , i t says
4 I di dn' t get i t unt i l t he 27t h. Fur t her , i t says I
5 coul dn' t have got t en i t - - t he soonest I coul d have got t en
6 i t was t he 22nd, t hr ough no f aul t of my own.
7 Now, t hat mi ght have been due t o, one, i t
8 di dn' t get i nt o t he syst emunt i l t he 16t h, and I can
9 t est i f y t o t hat i n some r espect . But even beyond t hat , i t
10 di dn' t get i nt o my mai l box or become avai l abl e t o me,
11 accor di ng t o t he USPS t r acki ng conf i r mWebsi t e, because i t
12 get s t hat speci f i c, unt i l t he 22nd.
13 Now, we' r e speaki ng about t he not i ce of t he
14 hear i ng, whi ch i s al so, accor di ng t o SCR 1052( c) , supposed
15 t o i ncl ude t he DowSoE. And t hat i s agai n supposed t o be
16 sent by t he panel . And t hat ser vi ce by t he panel , whi ch
17 i s supposed t o be i n accor dance wi t h SCR 109, i s supposed
18 t o be such t hat t he hear i ng, I woul d be ser ved not i ce of
19 t he hear i ng i n t he DowSoE no l ess t han 30 days pr i or t o
20 t he hear i ng.
21 I nst ead, Mr . Ki ng, whi ch he' s wont t o do ever y
22 chance he get s, ever y chance Mr . Ki ng get s, he want s t o
23 pl ay t he di r ect or . And he' s t aki ng on t he panel ' s r ol e,
24 he' s cont r ol l i ng t he cl er k of cour t her e, he' s, I bel i eve,
25 cont r ol l i ng my cl i ent s and of f er i ng t hemat t or neys - -
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1 MR. ECHEVERRI A: I ' mi nt er est ed i n an
2 obj ect i on t o Exhi bi t 1 bei ng admi t t ed, and your obj ect i on
3 i s i mpr oper ser vi ce?
4 MR. COUGHLI N: That i t ' s f r aud. Mr . Ki ng' s
5 commi t t i ng f r aud by pr esent i ng t hat t o t he cour t .
6 MR. ECHEVERRI A: Because of i mpr oper ser vi ce?
7 MR. COUGHLI N: Because of - - t he St at e Bar has
8 r epr esent ed t o me, one, t hat t he 823 pur por t ed cer t i f i ed
9 mai l i ng woul d not be pr esent ed as a r et ur n of ser vi ce.
10 And t hat ' s what he' s doi ng her e, he' s pr esent i ng t hat as a
11 r et ur n of ser vi ce t o get ar ound t he f act t hat when I
12 appear ed her e on Sept ember 25t h Mr . Ki ng pul l ed my j acket
13 f or a hear i ng, f or t he hear i ng I ' msupposed t o get - -
14 MR. ECHEVERRI A: Let ' s f ocus on - -
15 MR. COUGHLI N: I am. But t hi s i s ver y
16 i mpor t ant .
17 MR. ECHEVERRI A: No, you' r e not , si r . I ' m
18 i nt er est ed i n what your obj ect i on i s t o t he admi ssi on of
19 Exhi bi t 1. You say i t ' s f r aud. That ' s a br oad
20 concl usi on. I s i t f r aud because of i mpr oper ser vi ce?
21 MR. COUGHLI N: I t ' s f r aud because he' s seeki ng
22 t o avoi d what happened on t he 25t h. He' s goi ng agai nst
23 what t he St at e Bar t ol d me.
24 MR. ECHEVERRI A: I have no i dea what happened
25 on t he 25t h. I ' mi nt er est ed i n your expl anat i on of f r aud.
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1 I ' ve asked you t hr ee t i mes. I ' ve been unabl e t o obt ai n a
2 meani ngf ul answer . I ' mgoi ng t o over r ul e your obj ect i on.
3 Mr . Ki ng.
4 ( Exhi bi t 1 admi t t ed i nt o evi dence. )
5 MR. KI NG: I ' mgoi ng t o hand t hi s back t o t he
6 cour t r epor t er , si nce i t ' s t he one t hat ' s been mar ked.
7 I wi l l cal l my next wi t ness, at t or ney Ri char d
8 Hi l l .
9 MR. ECHEVERRI A: Wi l l he be appear i ng l i ve,
10 Mr . Ki ng?
11 MR. KI NG: Yes.
12 RI CHARD HI LL
13 havi ng been f i r st dul y swor n, t est i f i ed as f ol l ows:
14 DI RECT EXAMI NATI ON
15 BY MR. KI NG:
16 Q Mr. Hill, you know me. I'm Patrick King,
17 assistant Bar counsel representing the State Bar of Nevada
18 in a formal disciplinary hearing against Mr. Zach
19 Coughlin. Did you understand that's why you're here this
20 morning?
21 A Yes, si r .
22 Q Could you state your name and spell it for the
23 record.
24 A Ri char d Hi l l . H- I - L- L.
25 Q And could you explain to the panel how long
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1 you've been practicing law, and if you are in good
2 standing with the State Bar of Nevada?
3 A I have been pr act i ci ng f or 33 year s and ami n
4 good st andi ng.
5 Q Where is your office located?
6 A 652 For est St r eet i n Reno.
7 Q Did there come a time when you were involved
8 with a Zachary Coughlin?
9 A Yes, si r .
10 Q And would you recognize Zachary Coughlin?
11 A Yes, si r .
12 Q And is he in this room?
13 A Yes. He' s seat ed t o my r i ght .
14 Q And how did you first come into contact with
15 Mr. Coughlin?
16 A Wel l , I was hi r ed by a Dr . Mat t hew Mer l i ss.
17 My of f i ce was t o r emove a t enant f r oma home at 121 Ri ver
18 Rock i n Reno. Dr . Mer l i ss had been goi ng back and f or t h
19 wi t h Mr . Coughl i n f or sever al mont hs. Mr . Coughl i n had
20 not pai d any r ent f or , at t hat poi nt I bel i eve i t was - -
21 MR. COUGHLI N: Obj ect i on. Lack of f oundat i on.
22 MR. ECHEVERRI A: You di dn' t obj ect t o t he
23 quest i on. Over r ul ed.
24 THE WI TNESS: We got i nt o l ooki ng at what had
25 gone on. And Mr . Coughl i n had f abr i cat ed r easons why he
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1 shoul dn' t be payi ng r ent , habi t abi l i t y cl ai ms. We st ar t ed
2 of f - -
3 MR. COUGHLI N: Obj ect i on. Rel evancy.
4 MR. ECHEVERRI A: Over r ul ed.
5 THE WI TNESS: We st ar t ed of f wi t h, I bel i eve
6 i t was a r ent .
7 MR. COUGHLI N: I s he j ust t est i f yi ng i n t he
8 nar r at i ve? I s he goi ng t o si t her e al l day so I can' t
9 obj ect t o anyt hi ng because he i sn' t aski ng any quest i ons?
10 MR. ECHEVERRI A: He asked a quest i on.
11 MR. COUGHLI N: I don' t even r emember t he
12 quest i on, i t was so l ong ago f r omt he monol og Mr . Hi l l i s
13 gi vi ng.
14 MR. KI NG: I ' l l br eak i t down i f t he chai r
15 woul d appr eci at e i t .
16 BY MR. KI NG:
17 Q Mr. Hill, was Dr. Merliss -- was Mr. Coughlin,
18 rather, was he the tenant that you were referring to?
19 A Yes, si r .
20 Q And did you end up representing Dr. Merliss in
21 an eviction action?
22 A My of f i ce di d. I assi gned t he case t o my
23 associ at e at t he t i me, Casey Baker .
24 Q Did you end up taking over that matter?
25 A I have now, yes.
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1 Q And as a result of your dealings with
2 Mr. Coughlin, did you form an opinion as to his competency
3 to be a lawyer?
4 MR. COUGHLI N: Obj ect i on. Cal l s f or a l egal
5 concl usi on. Exper t t est i mony. I don' t bel i eve Mr . Hi l l
6 i s qual i f i ed.
7 MR. ECHEVERRI A: Over r ul ed.
8 THE WI TNESS: Yes, I di d.
9 BY MR. KI NG:
10 Q And let's start with your conclusion, and then
11 work backwards. Is Mr. Coughlin competent to be a lawyer?
12 A No, he i s not .
13 Q Could you describe to the panel in a
14 chronological manner some of the events that you have
15 personal knowledge of that exhibited this behavior that
16 formed your opinion?
17 MR. COUGHLI N: Obj ect i on. Rel evancy.
18 MR. ECHEVERRI A: Over r ul ed.
19 THE WI TNESS: I ' ve r ead vi r t ual l y ever yt hi ng
20 t hat Mr . Coughl i n has f i l ed, not onl y i n t he Depar t ment 7
21 evi ct i on case, and bef or e t hat t he Reno J ust i ce Cour t ' s
22 evi ct i on case. He' s now got - - had t wo appeal s t o t he
23 Nevada Supr eme Cour t i n t hat case, and I ' ve r ead vi r t ual l y
24 ever yt hi ng t hat he' s done.
25 I ' ve al so f ol l owed t he f i l i ngs t hat he' s had
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1 i n hi s deal i ngs wi t h Washoe Legal Ser vi ces. And I ' ve
2 f ol l owed t he f i l i ngs t hat he had i n t he supr eme cour t
3 di sci pl i ne mat t er s.
4 And you see t he same t hi ng r unni ng t hr ough al l
5 of hi s paper s. Hi s f i l i ngs ar e basi cal l y st r eamof
6 consci ousness. To say t hey ar e di sr espect f ul t o t he Bar ,
7 t o t he cour t , t o t he ot her l i t i gant s, t o t hi r d par t i es i s
8 an under st at ement . He uses a cut and past e so what
9 happens i s as t he mat t er goes on, t hey t end t o become
10 l onger , because he j ust keeps f i l i ng t he same st uf f .
11 I n t he appeal - - we had r ecover ed a $42, 000
12 at t or ney' s f ee awar d agai nst Mr . Coughl i n f or handl i ng
13 j ust hi s appeal of t he evi ct i on. He woul d f i l e t hese
14 document s t hat woul d have a capt i on on i t t hat woul d
15 i ndi cat e t hat i t was a mot i on under Rul e 59, f or exampl e.
16 And you woul d get i nt o i t , and t her e woul d be no ment i on
17 i n t he body of Rul e 59, t her e woul d be no anal ysi s of Rul e
18 59, but we woul d have t o r un down al l of t he l i t t l e i ssues
19 t hat he woul d r ai se on t he of f chance t hat i f you don' t
20 r espond t o one, t he di st r i ct cour t j udge i s goi ng t o f i nd
21 somet hi ng t hat he t hi nks i s i mpor t ant , and t he cl i ent ends
22 up havi ng an adver se r esul t .
23 $42, 000 on a no- cause 30- day evi ct i on, and
24 t hat ' s j ust f or t he appeal of i t , i s absol ut el y
25 ast r onomi cal . But t hat shoul d t el l you - - I have pr ovi ded
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1 Mr . Ki ng wi t h a copy of J udge Fl anagan' s or der s i n whi ch
2 he set s f or t h t he r easons f or such an ext r aor di nar y awar d,
3 bei ng Mr . Coughl i n' s behavi or , and t he qual i t y of t he wor k
4 t hat he was f i l i ng.
5 We have subsequent l y asked and r ecei ved an
6 or der f r omJ udge Fl anagan desi gnat i ng Mr . Coughl i n as a
7 vexat i ous l i t i gat or under J or dan ver sus DMV, and r ul i ng
8 t hat we do not have t o r espond t o anyt hi ng he f i l es i n
9 t hat cour t r oom, absent a cour t or der di r ect i ng us t o do
10 so.
11 At t hi s poi nt he has an appeal pendi ng. Two
12 appeal s. He appeal ed t he at t or ney' s f ees awar ds, and t hat
13 was j ust di smi ssed l ast week because he di dn' t do anyt hi ng
14 wi t h i t .
15 MR. KI NG: Mr . Hi l l , l et me ask anot her
16 quest i on.
17 BY MR. KI NG:
18 Q Did you end up getting an eviction order
19 removing Mr. Coughlin from Dr. Merliss's home?
20 A We di d.
21 Q Subsequent to the eviction order, was
22 Mr. Coughlin removed from the home?
23 A I ' msor r y. Ther e was an or der i ssued i n cour t
24 t hat gave Mr . Coughl i n a week t o vacat e. I bel i eve i t was
25 November 1 t hat my wi f e, my associ at e - - and my associ at e,
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1 went t o t he home wi t h t he sher i f f and conduct ed a l ockout .
2 The f r ont door l ocks wer e changed. The back door l ocks
3 wer e changed.
4 MR. COUGHLI N: Obj ect i on.
5 MR. ECHEVERRI A: Excuse me. Obj ect i on what ?
6 MR. COUGHLI N: Hear say.
7 MR. ECHEVERRI A: Hear say? Over r ul ed.
8 THE WI TNESS: And t he whol e t hi ng was
9 vi deot aped. The next day I went t o t he home t o vi deot ape
10 t he pl ace t o pr eser ve what was t her e t o pr event any
11 ar gument s l at er , because by t hat poi nt i n t i me we knew
12 what we wer e deal i ng wi t h.
13 I get t her e, and t he f r ont door i s l ocked, but
14 al most al l t he wi ndows ar e cl osed but unl ocked, and t he
15 back door i s unl ocked. And I , of cour se, go t hr ough, l ock
16 ever yt hi ng, make sur e t he pl ace i s secur e, vi deot aped i t .
17 And I went back and r ead my wi f e and my associ at e t he r i ot
18 act , and t hey bot h sai d no, t he door s wer e l ocked. Okay.
19 I go back t he next day, same t hi ng. Back
20 door ' s unl ocked, wi ndows ar e unl ocked. Thi s cont i nues f or
21 t he next t wo weeks.
22 Mr . Coughl i n i s sendi ng out e- mai l s t o us but
23 wi l l not , appar ent l y, r ead t he e- mai l s we' r e sendi ng t o
24 hi msayi ng we have t o get your st uf f out of her e. No
25 r esponse.
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1 Two weeks af t er t he evi ct i on on a Sunday
2 Dr . Mer l i ss comes t o t own and says, I want t o see t he
3 house. I meet hi mabout 10: 30, 11: 00 o' cl ock on a Sunday
4 mor ni ng at t he house. We go i n. Back door i s open.
5 Ther e' s f ood wr apper s on t he count er t hat ' ve been t her e
6 t hat wer en' t t her e t he l ast t i me I was i n. Wi ndows ar e
7 open agai n, and i t ' s a ver y exacer bat i ng si t uat i on.
8 And he says, I want t o check t he basement . I
9 di dn' t know t her e was a basement i n t he house. Ther e' s
10 t hi ngs pi l ed i n t he st ai r wel l t o get down i nt o t he
11 basement , t ool ki t s, and heavy st uf f .
12 We get i t out of t he way. We get down t her e.
13 And I can see when he pushes on t he door , and he t ur ns t o
14 me, and he says, " I t ' s bar r i caded, " f r omt he i nsi de. I t
15 wasn' t l ocked, i t was bar r i caded.
16 We know what ' s goi ng on. So we cal l t he
17 pol i ce. The pol i ce come over . They t r y t o get Zach out
18 of t he basement , whoever was i n t her e at t hat poi nt . The
19 pol i ce bang on t he door , " Come on out , Zach. Pol i ce. You
20 have t o go. " No r esponse. They t ur ned t o us and say,
21 we' r e goi ng t o l eave. Wai t a mi nut e. I ' mt he owner . You
22 have t he aut hor i t y t o br eak t he door down. " We don' t do
23 t hat . "
24 So Dr . Mer l i ss goes down t o t he bot t omof t he
25 st ai r s. Dr . Mer l i ss ki cks t he door open, and t he pol i ce
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1 of f i cer st i cks hi s head ar ound t he cor ner and pul l s hi s
2 gun out , and her e' s Mr . Coughl i n down t her e. Mr . Coughl i n
3 vol unt ar i l y came upst ai r s wi t h hi s dog and was pl aced
4 under ar r est .
5 Af t er he l ef t , we went downst ai r s.
6 Mr . Coughl i n had a dwel l i ng set up. He had wat er . He had
7 f ood. He had a hot pl at e, a mi cr owave, had hi s comput er
8 set up down t her e. He had t he dog. Ther e was dog f ood,
9 dog poop. He had a bed and hi s comput er syst emset up
10 down t her e.
11 He was ar r est ed and was subsequent l y convi ct ed
12 of cr i mi nal t r espass.
13 MR. COUGHLI N: Obj ect i on. Rel evancy. I f he' s
14 t est i f yi ng about t r espass, t hat ' s one t hi ng. But he' s
15 t est i f yi ng about a l ot of st uf f beyond t r espass.
16 MR. ECHEVERRI A: Over r ul ed.
17 THE WI TNESS: I f I may. One mor e t hi ng about
18 t he basement .
19 When we ul t i mat el y got down i nt o t he basement
20 t o r emove hi s possessi ons, I count ed 14 aut omobi l e seat s
21 down i n t he basement , i ncl udi ng one t hat was i dent i f i ed t o
22 me as bei ng t he f r ont bench seat out of a Bl azer . The
23 backyar d - -
24 MR. COUGHLI N: Rel evancy. I ' ve been hear i ng
25 you t al k about a Bl azer f or mont hs - -
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1 MR. ECHEVERRI A: Sust ai ned.
2 MR. COUGHLI N: - - wher e your - -
3 MR. ECHEVERRI A: Sust ai ned, Mr . Coughl i n.
4 ( Exhi bi t 2 mar ked. )
5 BY MR. KI NG:
6 Q Mr. Hill, do you recognize that document?
7 A Thi s i s t he at t or ney' s f ees or der f r omJ udge
8 Fl anagan.
9 MR. COUGHLI N: I obj ect , your Honor .
10 MR. ECHEVERRI A: Wai t a mi nut e, Mr . Coughl i n.
11 Wai t .
12 MR. COUGHLI N: Yes, si r .
13 MR. ECHEVERRI A: Ther e' s a quest i on, Mr . Ki ng?
14 MR. KI NG: Yes. I asked Mr . Hi l l i f t hi s was
15 t he or der t hat he was t est i f yi ng about r egar di ng t he j udge
16 or der i ng of sanct i ons of $40, 000 i n at t or ney' s f ees.
17 MR. ECHEVERRI A: Do you have an obj ect i on t o
18 t hat quest i on, Mr . Coughl i n?
19 MR. COUGHLI N: Wel l , si r , I t hought he was
20 put t i ng i t i nt o evi dence. So I pr obabl y was t oo ear l y t o
21 obj ect .
22 MR. ECHEVERRI A: That ' s why you i nt er r upt ed
23 t oo ear l y?
24 MR. COUGHLI N: Yeah. I ' msor r y.
25 MR. ECHEVERRI A: Mr . Hi l l .
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1 THE WI TNESS: Yes, si r . Thi s i s t he awar d
2 r egar di ng at t or ney' s f ees i n accor dance wi t h NRS 69, I
3 bel i eve i t ' s 050. Ther e i s al so an or der gr ant i ng us
4 appr oxi mat el y $2500 i n cost s.
5 BY MR. KI NG:
6 Q In this particular order at Page 2, is this
7 the order signed by Judge Flanagan?
8 A Yes, si r .
9 Q What date did Judge Flanagan sign this order?
10 A Thi s i s dat ed J une 25t h, 2012, and i t bear s a
11 f i l e st amp of t he same dat e.
12 Q Could you read the paragraph regarding
13 "Merliss goes even further and states." Could you read
14 that paragraph on Page 2.
15 A Begi nni ng at l i ne 4?
16 Q Line 9 on Page 2.
17 A Okay. " Mer l i ss goes even f ur t her and st at es:
18 As pr oven above and bel ow, t he f r i vol i t y and vexat i ousness
19 of Coughl i n' s mai nt enance and ext ensi on of t hi s mat t er has
20 been so beyond r eason, and so out r ageous, and t he nexus of
21 hi s behavi or t o t he f ees i ncur r ed by Mer l i ss so di r ect and
22 i ndi sput abl e, t hat not hi ng l ess t han a f ul l awar d of t hose
23 f ees shoul d even be consi der ed by t he cour t . To not
24 i mpose t he f ul l measur e of t he har mCoughl i n has caused
25 woul d r ewar d and encour age hi s vexat i ousness i n t hi s and
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1 ot her cases. Ther e needs t o be a day of r eckoni ng f or
2 Coughl i n' s ant i cs. "
3 Q In this order did Judge Flanagan accept that
4 by granting the full amount of fees requested? If you
5 read the last sentence of Page 3.
6 A Yes. " Accor di ngl y, Mer l i ss' s mot i on f or
7 at t or ney' s f ees i s gr ant ed i n t he sumof $42, 065. 50.
8 Q Do you have personal knowledge of whether or
9 not, as the attorney for Dr. Merliss, whether or not that
10 award has been paid by Mr. Coughlin?
11 A I t has not .
12 MR. KI NG: Mr . Chai r man, we have pr ovi ded you
13 wi t h cer t i f i ed copi es of each of t hese or der s. I woul d
14 move t hat Exhi bi t No. 1 be admi t t ed pur suant t o t he NRS
15 st at ut e 52 - -
16 MR. ECHEVERRI A: Exhi bi t 1 has been admi t t ed.
17 MR. KI NG: I ' msor r y. I meant Exhi bi t 2.
18 MR. ECHEVERRI A: Any obj ect i on, Mr . Coughl i n?
19 MR. COUGHLI N: Your Honor , i s i t t r ul y a
20 cer t i f i ed copy has been - -
21 MR. ECHEVERRI A: That ' s what he' s r epr esent ed.
22 MR. COUGHLI N: I s t hat t r ue?
23 MR. KI NG: I have cer t i f i ed copi es of al l t he
24 or der s t hat ar e goi ng t o be admi t t ed.
25 MR. COUGHLI N: I don' t bel i eve t hi s was
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1 pr ovi ded ear l i er .
2 MR. ECHEVERRI A: Do you have an obj ect i on,
3 Mr . Coughl i n?
4 MR. COUGHLI N: I don' t bel i eve i t was not i ced.
5 I t wasn' t i ncl uded i n t he summar y of evi dence.
6 MR. KI NG: I f you t ake a l ook at t he bot t om
7 r i ght - hand si de.
8 MR. ECHEVERRI A: Have you seen t hi s or der ?
9 MR. COUGHLI N: Yes, si r .
10 MR. ECHEVERRI A: I t ' s admi t t ed.
11 ( Exhi bi t 2 admi t t ed i nt o evi dence. )
12 MR. COUGHLI N: I j ust di dn' t know i t was f or
13 t hi s hear i ng.
14 MR. KI NG: Your Honor , i f you l ook at t he
15 bot t omr i ght - hand si de of any document s I pr esent , you' l l
16 see a Bat es st amped number . The ent i r e f i l e was act ual l y
17 copi ed at t he St at e Bar ' s expense, and Bat es st amped and
18 pr ovi ded t o Mr . Coughl i n t o avoi d any suggest i on t hat he
19 di dn' t r ecei ve copi es of t hese document s or know t hat I
20 i nt ended t o i nt r oduce t hem.
21 MR. ECHEVERRI A: I had ear l i er gr ant ed t hat
22 por t i on of Mr . Coughl i n' s mot i on t o have access t o t he
23 St at e Bar f i l e. And ar e you r epr esent i ng, Mr . Ki ng, t hat
24 t he St at e Bar f i l es wer e copi ed, Bat es st amped and
25 del i ver ed t o Mr . Coughl i n?
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1 MR. KI NG: Yes.
2 MR. ECHEVERRI A: I n t he l ower r i ght - hand
3 cor ner t hi s document bear s t he Bat es st amps 2975 t o 2978.
4 And was t hi s or der i ncl uded i n t he gr oup of document s
5 del i ver ed t o Mr . Coughl i n?
6 MR. KI NG: Yes, i t was.
7 MR. ECHEVERRI A: I t ' s admi t t ed.
8 MR. COUGHLI N: Your Honor , may I r espond t o
9 t hat ?
10 MR. ECHEVERRI A: Sur e.
11 MR. COUGHLI N: The r ul e says I ' mt o have no
12 l ess t han 30 days f r omser vi ce of t he not i ce of t he
13 hear i ng t o i nspect , up t o wi t hi n t hr ee days of t he
14 hear i ng, t hese mat er i al s. Mr . Ki ng r ef used t o l et me see
15 t hese mat er i al s f or mont hs, goi ng al l t he way back t o
16 Mar ch.
17 Al l of a sudden he' s r i gged t hi s syst emso
18 t hat I don' t get 30 days' not i ce of t he hear i ng. The
19 panel i s comi ng i nt o t hi s hear i ng. Scant amount of days
20 t o pr epar e and i ncul cat e t hemsel ves wi t h an i dea of what
21 t hi s case i s about . And f ur t her , I get a bi g box of
22 about , I want t o say about one of t he $30 boxes, and I get
23 i t on t he 8t h f or a hear i ng t hat ' s on t he 6t h. And t hat
24 somehow - -
25 MR. ECHEVERRI A: The hear i ng i s on t he 14t h,
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1 Mr . Coughl i n.
2 MR. COUGHLI N: I ' msor r y. Si x days f r omt he
3 8t h. That somehow compl i es wi t h t he r ul e? And what I got
4 was sent out on November 1st . So I di dn' t get anyt hi ng,
5 any access t o i nspect t he f i l e, i nspect t he docket f r om
6 November 1st t o November 8t h. Fur t her , I onl y got t he si x
7 days, not t he 30.
8 MR. ECHEVERRI A: Mr . Coughl i n, as I vi ew i t ,
9 you got mor e t han access, you got copi es. Exhi bi t 2 i s
10 admi t t ed.
11 MR. KI NG: J ust f or t he r ecor d, I woul d al so
12 l i ke t o r espond t o t he suggest i on t hat we di dn' t pr ovi de
13 Mr . Coughl i n wi t h t hese document s. Wel l i n advance of t he
14 t i me we had t hese Bat es st amped he had come t o t he St at e
15 Bar of f i ce many t i mes. I even made copi es of t he di sks of
16 t he cour t pr oceedi ngs f or hi mat hi s r equest . We f i l ed
17 document s wi t h t he supr eme cour t i n t er ms of mot i ons. He
18 was ser ved wi t h copi es of al l of t hose, and t hose exhi bi t s
19 wer e al l at t ached.
20 Fur t her mor e, t he or der s t hat he' s suggest i ng
21 shoul dn' t be admi t t ed. These or der s ar e or der s
22 speci f i cal l y f r omcour t s i nvol vi ng cases t hat he was
23 i nvol ved i n.
24 MR. COUGHLI N: I got t hose, Pat . I ' mt al ki ng
25 about t he st uf f - - who i s t he - -
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1 MR. ECHEVERRI A: We' r e t al ki ng about Exhi bi t 2
2 t hat ' s admi t t ed.
3 MR. KI NG: Thank you.
4 MR. ECHEVERRI A: Pr oceed, Mr . Ki ng.
5 MR. COUGHLI N: Who' s t he gr i evant ? Di d I get
6 a l ook at t hat ?
7 MR. ECHEVERRI A: Mr . Coughl i n, you' r e out of
8 or der .
9 BY MR. KI NG:
10 Q Mr. Hill, I appreciate your time today.
11 Thanks for your patience.
12 Was Mr. Coughlin, in his dealings with you as
13 an attorney, was he truthful or did he show candor in his
14 dealings with you as a lawyer?
15 MR. COUGHLI N: I ' msor r y, your Honor . I f I
16 can i nt er j ect . I t ' s been wel l over 15 mi nut es.
17 MR. ECHEVERRI A: That ' s t r ue. Do you want t o
18 wr ap i t up, Mr . Ki ng?
19 MR. KI NG: Yes.
20 BY MR. KI NG:
21 Q With that said, did he show candor to you?
22 A I n our deal i ngs wi t h Mr . Coughl i n, you coul d
23 not t r ust hi mat al l . No agr eement ever made wi t h
24 Mr . Coughl i n was honor ed by hi m.
25 For exampl e, when J udge Sf er r azza or der ed t hat
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1 Mr . Coughl i n coul d have t wo days - - he was or i gi nal l y
2 gi ven a week t o move hi s st uf f out bef or e t he evi ct i on
3 or der was ser ved. Ther eaf t er t her e was a hear i ng. The
4 j udge gave Mr . Coughl i n t wo days t o go i n and r emove hi s
5 possessi ons.
6 Mr . Coughl i n - - we went over t her e, opened t he
7 door s about 8: 00 o' cl ock. He wasn' t t her e. About 11: 00
8 o' cl ock we get an e- mai l f r omMr . Coughl i n sayi ng I have
9 appeal ed J udge Sf er r azza' s r ul i ng. That means hi s r ul i ng
10 i s st ayed. That means I can go back i nt o t he house. I ' m
11 st ayi ng i n t he house, and t her e' s not hi ng you can do about
12 i t .
13 MR. COUGHLI N: Obj ect i on, hear say.
14 MR. ECHEVERRI A: Over r ul ed.
15 THE WI TNESS: Somet i me l at er t hat day we got
16 an or der f r omJ udge Sf er r azza sayi ng t hat t he r equest f or
17 a st ay had been deni ed. Mr . Coughl i n had bur ned basi cal l y
18 a whol e day doi ng not hi ng t r yi ng t o get hi s st uf f out .
19 That was t ypi cal .
20 He r epeat edl y has si gned cer t i f i cat es of
21 mai l i ng t hat he mai l ed t hus and so t o us. We have never ,
22 ever got t en anyt hi ng by mai l f r omMr . Coughl i n. I n t he
23 j ust i ce' s cour t he woul d ser ve t hi ngs t hat he di dn' t f i l e.
24 He woul d f i l e t hi ngs t hat he di dn' t ser ve. We woul d have
25 t o cal l t he cl er k on an ever y ot her day basi s t o st ay on
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1 t op of what was goi ng on.
2 Fi nal l y, when we got i n t he di st r i ct cour t , we
3 wer e abl e t o use t he e- f l ex syst em, and we wer e abl e t o
4 keep t r ack of what was goi ng on.
5 BY MR. KI NG:
6 Q Let me restate the question. The question is:
7 As an attorney, having a responsibility to be truthful and
8 to have candor with opposing counsel, was Mr. Coughlin
9 truthful, and did he use candor with you?
10 A No.
11 MR. ECHEVERRI A: Mr . Ki ng, wr ap i t up, pl ease.
12 You' r e l i mi t ed t o 15 mi nut es.
13 BY MR. KI NG:
14 Q Specifically relating to Mr. Coughlin's candor
15 to the court, did he show candor to the courts?
16 A No.
17 Q In his demeanor --
18 MR. COUGHLI N: Obj ect i on. Lack of f oundat i on.
19 MR. KI NG: My l ast quest i on.
20 MR. COUGHLI N: Pr et t y dammi ng st at ement t o
21 have no f oundat i on.
22 MR. ECHEVERRI A: Pl ease don' t i nt er r upt . We
23 haven' t hear d t he quest i on yet t o whi ch you' ve obj ect ed.
24 MR. COUGHLI N: The l ast one, whet her I showed
25 candor t o t he cour t , and he sai d no.
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1 MR. ECHEVERRI A: You obj ect t o t hat one? I t ' s
2 over r ul ed. Go ahead.
3 BY MR. KI NG:
4 Q With regard to a person perhaps -- to the
5 extent that Mr. Coughlin may have exhibited these bad
6 behaviors, was he otherwise kind in his dealings with you
7 and Dr. Merliss? Could you explain, just briefly, to the
8 panel his actual demeanor with regard to his dealings with
9 you and your client?
10 A Hi s e- mai l s, hi s f i l i ngs wer e abusi ve, t o say
11 t he l east . Cal l i ng my - - he cal l ed my associ at e a l i chen.
12 I ' l l admi t we al l had t o r et r eat t o t he di ct i onar y on t hat
13 one. Name cal l i ng. He' s accused me of br i bi ng t he Reno
14 Pol i ce Depar t ment t o have hi mar r est ed. My st af f i s
15 absol ut el y t er r or i zed by t hi s man.
16 MR. KI NG: Thank you. I have no f ur t her
17 quest i ons.
18 MR. ECHEVERRI A: Mr . Coughl i n, I ' mgoi ng t o
19 af f or d you ext r a t i me al so f or cr oss- exami nat i on. Par t of
20 i t , t he l engt h of t he di r ect , was due t o l engt hy
21 obj ect i ons, and I have t o t ake t hat i nt o consi der at i on.
22 So pl ease pr oceed, and I wi l l gi ve you addi t i onal t i me.
23 MR. COUGHLI N: Thanks, si r .
24 MR. ECHEVERRI A: I f you t hi nk you need i t .
25 MR. COUGHLI N: Yes.
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1 CROSS- EXAMI NATI ON
2 BY MR. COUGHLI N:
3 Q Mr. Hill, did the Reno police identify
4 themselves as law enforcement prior to your client kicking
5 the door down on November 13th?
6 MR. KI NG: Obj ect i on. Rel evance.
7 MR. ECHEVERRI A: Over r ul ed.
8 THE WI TNESS: I bel i eve t hey di d, si r .
9 BY MR. COUGHLI N:
10 Q Is that what you testified on June 18th in
11 your sworn testimony in the criminal trespass trial?
12 A I bel i eve i t i s.
13 Q Did you testify to that today?
14 A I bel i eve I j ust di d.
15 Q Just now, but not earlier when you were
16 providing an answer to Mr. King, and you went through what
17 happened?
18 A Mr . Coughl i n, l et me make i t easy f or you. I
19 don' t r ecal l what I t est i f i ed t o on di r ect f r omMr . Ki ng.
20 I t i s my cl ear r ecol l ect i on t hat bef or e Dr . Mer l i ss ki cked
21 t he door down i n t he basement , t he pol i ce had i dent i f i ed
22 t hemsel ves l oudl y and cl ear l y.
23 Q Can you describe that in as much detail as
24 possible?
25 MR. KI NG: Obj ect i on. Rel evance.
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1 MR. ECHEVERRI A: The r el evance, Mr . Coughl i n,
2 as t o your compet ency or candor , whi ch ar e t he t wo i ssues
3 r ai sed?
4 MR. COUGHLI N: I t goes t o whet her or not t her e
5 was a cr i mi nal t r espass, whi ch I bel i eve - -
6 MR. ECHEVERRI A: You wer e convi ct ed of
7 cr i mi nal t r espass, t r ue?
8 MR. COUGHLI N: I was.
9 MR. ECHEVERRI A: Sust ai ned.
10 MR. COUGHLI N: But a convi ct i on under
11 Cl ai bor ne i s not somet hi ng you' r e ent i t l ed t o j ust say,
12 al l r i ght , convi ct i on, and be done wi t h i t .
13 Fur t her , I ' mnot of f er i ng i t t o pr ove whet her
14 or not t her e was convi ct i on. I ' mof f er i ng i t t o i mpeach
15 Mr . Hi l l ' s cr edi bi l i t y, whi ch i s sever el y i mpeached by
16 t hi s i n t hat he l i ed, and hi s cl i ent l i ed t o get an ar r est
17 made.
18 MR. KI NG: Mr . Chai r man, i f I can r espond?
19 MR. COUGHLI N: That ' s been pr oven i n my
20 f i l i ngs.
21 MR. ECHEVERRI A: Excuse me, Mr . Coughl i n.
22 Mr . Ki ng?
23 MR. KI NG: Thi s i s t ot al l y beyond t he scope of
24 t he di r ect exami nat i on. I f he want s t o cal l hi mback or
25 make i t hi s case, but i f t he convi ct i ons of t he cr i mi nal
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1 t r espass and of t he t hef t at Wal mar t , whi ch wi l l be comi ng
2 i n, t he appeal s ar e exhaust ed. Those ar e f i nal deci si ons
3 as t he supr eme cour t has - -
4 MR. COUGHLI N: Why di d we have t est i mony on
5 i t ?
6 MR. ECHEVERRI A: Mr . Coughl i n, you ar e goi ng
7 t o cease i nt er r upt i ng.
8 MR. COUGHLI N: Yes, si r .
9 MR. KI NG: To t he ext ent t hat Mr . Coughl i n
10 want s t o r ef ut e t he answer s t hat Mr . Hi l l gave r egar di ng
11 hi s demeanor or conduct , what ever . To t he ext ent he want s
12 t o at t empt t o suggest t hat t he ar r est wasn' t val i d or t hat
13 he wasn' t convi ct ed, I woul d say i t shoul d be excl uded.
14 Ot her wi se, we' l l be r et r yi ng t hose cases her e t oday, and
15 t hat ' s not t he pur pose of t hi s hear i ng.
16 MR. COUGHLI N: Si r , I ' mnot t r yi ng t o r et r y
17 i t . I ' mt r yi ng t o i mpeach Mr . Hi l l ' s cr edi bi l i t y.
18 MR. ECHEVERRI A: To t hat ext ent I ' l l al l ow
19 t hat quest i on.
20 MR. COUGHLI N: Thank you, si r .
21 MR. ECHEVERRI A: But you bet t er have some
22 evi dence t hat - - i f you ar e goi ng t o ask quest i ons, t hey
23 bet t er be based on f act .
24 MR. COUGHLI N: They ar e. They' r e based on
25 vi deo.
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1 MR. ECHEVERRI A: Do you have a - - pr opose a
2 wi t ness t hat wi l l t est i f y t hat t he pol i ce di d not i dent i f y
3 t hemsel ves?
4 MR. COUGHLI N: I have a vi deo of t he
5 ser geant - -
6 MR. ECHEVERRI A: Do you have a wi t ness?
7 MR. COUGHLI N: - - admi t t i ng t o t hat .
8 MR. ECHEVERRI A: Do you have a wi t ness?
9 MR. COUGHLI N: So you' r e t el l i ng me i t has t o
10 come i n t he f or mof a wi t ness as evi dence?
11 MR. ECHEVERRI A: I f you ar e i nt endi ng t o
12 i mpeach hi mon some f act s, t hen I woul d r equi r e t hat you
13 make an of f er of pr oof as t o what wi t ness wi l l i mpeach
14 Mr . Hi l l .
15 MR. COUGHLI N: I woul d l i ke t o show Mr . Hi l l a
16 vi deo of Mar sha Lopez, t he ser geant wi t h hi mt hat day,
17 admi t t i ng t hat Mr . Hi l l ' s account i s wr ong.
18 MR. KI NG: I ' mgoi ng t o obj ect t o any vi deo or
19 di spl ay of vi deos. And t he r eason I wi l l obj ect i s,
20 number one, t hey ar e i r r el evant . Number t wo, t hey' r e al l
21 edi t s. And number t hr ee, he' s t r yi ng t o show t hat
22 somet hi ng di dn' t occur by showi ng an excer pt of a vi deo.
23 I t woul d be t ot al l y i r r el evant and i mmat er i al .
24 MR. ECHEVERRI A: I ' l l addr ess t he
25 admi ssi bi l i t y of t he vi deo when t hat appear s.
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1 Ri ght now Mr . Coughl i n has asked Mr . Hi l l
2 whet her t he pol i ce i dent i f i ed hi msel f . Mr . Hi l l sai d t hat
3 t hey have. I t hi nk you' ve l ai d t he gr oundwor k. I f you
4 have i mpeachment t est i mony t hat ' s admi ssi bl e, when you
5 of f er i t - -
6 MR. COUGHLI N: I ' l l ask a mor e cl ar i f yi ng
7 quest i on.
8 MR. ECHEVERRI A: Pl ease pr oceed t o anot her
9 subj ect .
10 BY MR. COUGHLI N:
11 Q So when they identified themselves, how long
12 between identifying themselves and kicking the door down?
13 A Thr ee mi nut es. Two or t hr ee mi nut es.
14 Q Which one of them identified themself?
15 A I bel i eve t her e was a l ady ser geant , and t her e
16 was a mal e of f i cer . And I bel i eve he' s t he one who banged
17 on t he door wi t h hi s ni ght st i ck and i dent i f i ed hi msel f as
18 bei ng wi t h t he pol i ce. And I bel i eve hi s wor ds wer e, come
19 on out , Zach.
20 Q Was that it, come out Zach? Does that
21 identify it as being the police?
22 A He i dent i f i ed hi msel f as bei ng wi t h t he Reno
23 Pol i ce Depar t ment .
24 Q In what words?
25 A I bel i eve t hose wer e t he wor ds he used, si r .
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1 Q What words?
2 A Thi s i s t he pol i ce, pl ease come out Zach.
3 Q Because previously all you said was, come on
4 out Zach.
5 A I bel i eve you' r e mi st aken, si r .
6 Q So you're saying that officer Chris Carter,
7 Junior, three minutes before the door was kicked in by
8 your client, banged on the door with his nightstick, and
9 said, this is the police. Come on out, Zach?
10 A Mr . Coughl i n, t hr ee mi nut es i s pr obabl y a l ong
11 est i mat e. The pr ocess was we had cl ear ed t he st ai r wel l - -
12 Q Did he say, this is the police?
13 MR. KI NG: Obj ect i on. Ar gument at i ve.
14 THE WI TNESS: I bel i eve he di d, si r .
15 MR. ECHEVERRI A: Excuse me. Let me - - I ' m
16 goi ng t o go ahead and over r ul e. Go ahead.
17 BY MR. COUGHLI N:
18 Q Did he say, this is the police?
19 A I bel i eve he di d, si r .
20 MR. ECHEVERRI A: You' ve asked t hat t hr ee t i mes
21 now.
22 THE WI TNESS: At l east .
23 BY MR. COUGHLI N:
24 Q Did Sergeant Lopez, the female sergeant?
25 A She may have, but I don' t r ecal l .
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1 Q Did you have a video camera with you?
2 A We had Dr . Mer l i ss' s phone.
3 Q Did you take 14 videos that you propounded to
4 the Reno city attorney that day?
5 MR. KI NG: Obj ect i on. Rel evance.
6 THE WI TNESS: We gave t hemwhat we had. The
7 number I don' t r ecal l .
8 BY MR. COUGHLI N:
9 Q Was there some reason -- you seem to have
10 video of every moment of that day, except for this
11 announcing themselves as law enforcement. Is that what
12 you're testifying to right now?
13 A Mr . Coughl i n - -
14 MR. ECHEVERRI A: Mr . Coughl i n, t he i ssue her e
15 i s whet her or not you' r e compet ent t o be an at t or ney and
16 shoul d cont i nue i n t he pr act i ce of l aw. You' r e f ocusi ng
17 on a r at her mi nor det ai l , and I woul d l i ke you t o f ocus on
18 t he br oader i ssues.
19 MR. COUGHLI N: I t ' s not j ust compet ency, i t ' s
20 candor .
21 MR. ECHEVERRI A: You' ve i ndi cat ed you want t o
22 i mpeach hi m. The i ssue i s Mr . Hi l l has t est i f i ed t hat t he
23 pol i ce i dent i f i ed t hemsel ves. You say somet hi ng
24 di f f er ent . I ' ve asked you f or an of f er of pr oof . You' ve
25 l ai d t he f oundat i on. Let ' s pr oceed.
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1 MR. COUGHLI N: I t al so goes t o - -
2 MR. ECHEVERRI A: Pl ease pr oceed, Mr . Coughl i n.
3 You woul d do your sel f some good i f you wi l l f ocus on t he
4 i ssues, i f you wi l l .
5 BY MR. COUGHLI N:
6 Q Who served the eviction notice -- no. How did
7 the eviction notice get from the justice court to the
8 sheriff's?
9 MR. KI NG: Obj ect i on. Beyond t he scope of
10 di r ect , and i r r el evant .
11 MR. ECHEVERRI A: Mr . Coughl i n, I ' mgoi ng t o
12 sust ai n. Let ' s addr ess t he i ssues - -
13 MR. COUGHLI N: Can I make an of f er of pr oof ?
14 MR. ECHEVERRI A: - - t hi s panel has been asked
15 t o l ook at . The i ssue as t o whet her or not you wer e
16 pr oper l y i n t hat r esi dence bui l di ng, t he i ssue as t o
17 whet her you wer e t r espassi ng has al l been l i t i gat ed.
18 That ' s not t he f unct i on of t hi s panel .
19 Thi s panel i s t o det er mi ne, by supr eme cour t
20 or der , what , i f any, puni shment you shoul d be subj ect t o.
21 I ' d l i ke you t o f ocus on t hat i ssue. Pl ease pr oceed.
22 MR. COUGHLI N: Whet her t he puni shment under
23 Cl ai bor ne i s bi ndi ng aut hor i t y upon you ent ai l s mor e t han
24 a cur sor y, r ecei vi ng a cer t i f i ed convi ct i on i n t he mai l
25 f r oma cl er k of cour t , and not under t aki ng any di l i gent
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1 i nqui r y i n t hat r egar d.
2 MR. ECHEVERRI A: You' r e f ocusi ng on some ver y
3 mi nor det ai l s as t o who sai d what at t he t i me - - do you
4 admi t you wer e behi nd t he bar r i caded door ?
5 MR. COUGHLI N: I woul d l i ke t o make an of f er
6 of pr oof , your Honor .
7 MR. ECHEVERRI A: Pl ease do so. I ' l l gi ve you
8 t wo mi nut es.
9 MR. COUGHLI N: Have you r ead anyt hi ng I f i l ed
10 i n t hi s case?
11 MR. ECHEVERRI A: I ' ve r ead qui t e a bi t of i t .
12 I ' mnot sur e i t hel ps you.
13 MR. COUGHLI N: I f t hat or der was st al e, i t ' s
14 Mr . Hi l l - -
15 MR. ECHEVERRI A: What ' s t he of f er of pr oof ?
16 MR. COUGHLI N: I t ' s t hat i f I can demonst r at e
17 t hat t hat or der was st al e, i t woul d be Mr . Hi l l who was
18 t r espassi ng, not me. And t hat ent ai l s f i ndi ng out - - and
19 t he sher i f f has been ver y unhel pf ul i n t hi s r egar d. And
20 Mr . Hi l l and hi s associ at e t est i f i ed, per haps t o t hei r
21 det r i ment , t hat t he t r espass t r i al as t o when t hat l ockout
22 or der was - -
23 MR. ECHEVERRI A: What ' s t he of f er of pr oof ?
24 You' r e t est i f yi ng. Tel l me what t he pr oof i s.
25 MR. COUGHLI N: The i mpor t ant t hi ng i s t he l aw
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1 i n Nevada says wi t hi n 24 hour s of t he sher i f f r ecei vi ng
2 t hat evi ct i on or der t hey' ve got t o do t he l ockout .
3 MR. ECHEVERRI A: That ' s al l been l i t i gat ed,
4 hasn' t i t ? Di dn' t you r ai se t hese i ssues bel ow?
5 MR. COUGHLI N: I n whi ch cont ext ?
6 MR. ECHEVERRI A: I n t he t r espass convi ct i on.
7 MR. COUGHLI N: Yes.
8 MR. ECHEVERRI A: Okay. Let ' s f ocus on t he
9 i ssues her e, whi ch, as I under st and i t , ar e t o f ocus on
10 what , i f any, puni shment you shoul d be subj ect t o wi t h
11 r espect t o - -
12 MR. COUGHLI N: What ' s al l t hi s l i vi ng i n t he
13 basement st uf f have t o do wi t h t hat ? J esus. Thi s i s
14 Ri char d Hi l l i n a nut shel l . Pr ej udi ci al nonsense.
15 Hear say. Char act er assassi nat i on. And t hen you t r y t o
16 r ebut i t , and t hi s i s not t he i ssue, i t ' s not r el evant .
17 Not hi ng he says i s r el evant .
18 MR. ECHEVERRI A: I di dn' t say t hat . I t i s
19 r el evant . Your convi ct i on i s r el evant . You' r e t r yi ng t o
20 r el i t i gat e - -
21 MR. COUGHLI N: He' s t al ki ng about sl i pper s - -
22 MR. ECHEVERRI A: I ' msor r y. I shoul dn' t
23 keepi ng t al ki ng whi l e you' r e t r yi ng t o i nt er r upt .
24 MR. COUGHLI N: I ' msor r y, your Honor .
25 MR. ECHEVERRI A: Go ahead. I nt er r upt .
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1 MR. COUGHLI N: I ' msor r y.
2 MR. ECHEVERRI A: Do you have anot her quest i on
3 t o Mr . Hi l l ?
4 MR. COUGHLI N: I ' msor r y, your Honor .
5 MR. ECHEVERRI A: Do you have anot her quest i on
6 t o Mr . Hi l l ?
7 MR. COUGHLI N: You had some di r ect i on t o me,
8 and I wi sh I woul d have l i st ened t o i t .
9 MR. ECHEVERRI A: Do you have anot her quest i on
10 f or Mr . Hi l l ?
11 MR. COUGHLI N: Yes, I do. I don' t know i f you
12 ar e goi ng t o f i nd i t r el evant , your Honor , and I don' t
13 want t o upset you. You' r e t el l i ng me t o f ocus on r el evant
14 i ssues her e wi t h r espect t o what he' s t est i f i ed t o on
15 di r ect , I i magi ne. He' s made some gener al - - no, he
16 doesn' t have candor . I guess I can - - i t seems l i ke ever y
17 t i me I t r y t o r ebut t hat , wel l , t her e' s a convi ct i on.
18 That ' s been pr oven. I ' mnot of f er i ng i t t o undo t he
19 convi ct i on. I have mot i on f or a new t r i al and al l t hat .
20 I ' mof f er i ng i t t o go t o t he ext ent he' s sayi ng t her e i s
21 not candor .
22 MR. ECHEVERRI A: Do you have anot her quest i on
23 f or Mr . Hi l l ?
24 MR. COUGHLI N: Yes.
25 BY MR. COUGHLI N:
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1 Q Who got the order to the sheriff, and when and
2 how?
3 A I have no i dea. I can t el l you t hat i t i s my
4 under st andi ng - -
5 MR. KI NG: Coul d you speak up, pl ease.
6 THE WI TNESS: I t i s my gener al under st andi ng
7 f r omhavi ng done a f ew evi ct i ons t hat t hat i s handl ed by
8 t he cour t st af f .
9 BY MR. COUGHLI N:
10 Q Did Mr. Baker testify that he had met with the
11 sheriff on the 28th?
12 A I don' t know t he dat e. I pr esume you' r e
13 r ef er r i ng t o t he evi ct i on, t he dat e on whi ch t he
14 evi ct i on - - t he evi ct i on or der was unusual i n t hat i t gave
15 you unt i l 5: 00 o' cl ock on a par t i cul ar day t o vacat e.
16 The sher i f f - - we t r i ed t o get hi mt o show up
17 at 5: 01, and t hey wer en' t goi ng t o do t hat . And i t was
18 t he next day when Mr . Baker and my wi f e met wi t h t he
19 sher i f f ' s per sonnel at t he pr oper t y, changed t he l ocks,
20 and post ed t he l ockout or der i n st andar d oper at i ng
21 pr ocedur e f or ever y evi ct i on I ' ve ever done i n Washoe
22 Count y, Nevada.
23 Q Did I ever accuse you of taking bribes or the
24 police of taking bribes from you?
25 A You have made t hat st at ement on numer ous
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1 occasi ons i n paper s t hat you have f i l ed wi t h var i ous
2 cour t s. As I si t her e r i ght now, I don' t know t hat you - -
3 Q Would it be more accurate --
4 MR. ECHEVERRI A: Mr . Coughl i n, you asked a
5 quest i on. Let t he wi t ness f i ni sh t he answer .
6 THE WI TNESS: You' ve made t he st at ement
7 numer ous t i mes i n f i l i ngs i n di st r i ct cour t and i n t he
8 supr eme cour t . I do not , as I si t her e t oday, r ecal l a
9 speci f i c i nci dent when you ver bal l y made t hat st at ement t o
10 me, al t hough i t i s ent i r el y possi bl e.
11 BY MR. COUGHLI N:
12 Q Is it more accurate to say that in my filings
13 I quoted Officer Carter?
14 A Ther e have been - -
15 Q As to what he said exactly?
16 A Ther e have been i nst ances when you have
17 couched t hat accusat i on i n t er ms of pur por t i ng t o quot e, I
18 t hi nk i t was Car t er . However , t her e have been i nst ances
19 wher e you have di r ect l y, wi t hout couchi ng i t as quot i ng
20 Car t er , made t hat accusat i on agai nst me, si r .
21 Q Where? Specifically when?
22 MR. ECHEVERRI A: Ar e you aski ng hi mt o t el l
23 you when you made some al l egat i ons?
24 MR. COUGHLI N: When I di d anyt hi ng ot her t han
25 at t r i but e a quot e t o an of f i cer .
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1 MR. ECHEVERRI A: I ' mgoi ng t o over r ul e t hat .
2 Do you have an of f er of pr oof ? Di d you make t hat
3 asser t i on t hat Mr . Hi l l br i bed t he pol i ce of f i cer ? Have
4 you made t hat asser t i on?
5 MR. COUGHLI N: I don' t bel i eve I ' ve ever done
6 anyt hi ng - -
7 MR. ECHEVERRI A: Have you made t hat asser t i on,
8 si r ?
9 MR. COUGHLI N: I don' t bel i eve I have.
10 MR. ECHEVERRI A: You j ust asked hi m. And your
11 quest i on, you i mpl i ed - -
12 MR. COUGHLI N: Because he' s sayi ng t hat . And
13 I t hi nk t her e i s a di f f er ence bet ween r epeat i ng a quot e
14 f r oman of f i cer and maki ng an accusat i on.
15 MR. ECHEVERRI A: You may f i nd t he di st i nct i on.
16 I don' t know t hat ot her s woul d. Do you have an of f er of
17 pr oof on t hat ?
18 MR. COUGHLI N: I ' msor r y, your Honor , I don' t
19 know t hat I know what you mean by t hat .
20 MR. ECHEVERRI A: Do you have evi dence t o
21 est abl i sh an asser t i on t hat Mr . Hi l l br i bed a pol i ce
22 of f i cer ?
23 MR. COUGHLI N: I ' ve never done anyt hi ng mor e
24 t han say t hat of f i cer sai d t hat , because I f eel l i ke I
25 need mor e of a basi s.
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1 MR. ECHEVERRI A: Do you have pr oof ?
2 MR. COUGHLI N: I ' mnot maki ng t hat asser t i on.
3 I ' mnot al l egi ng t hat . I ' mj ust sayi ng t hat of f i cer sai d
4 t hat . That ' s al l I ' mdoi ng.
5 MR. ECHEVERRI A: I keep t r yi ng t o t al k whi l e
6 you' r e i nt er r upt i ng, and I apol ogi ze.
7 MR. COUGHLI N: I ' msor r y.
8 MR. ECHEVERRI A: Do you have any evi dence t hat
9 what you ci t e as t hi s of f i cer ' s st at ement i s t r ue?
10 MR. COUGHLI N: To cl ar i f y. You' r e not aski ng
11 me i f he t r ul y sai d t hat , but i f what he sai d was t r ue?
12 MR. ECHEVERRI A: Cor r ect .
13 MR. COUGHLI N: No. Ot her t han t he f act t hat
14 t her e' s - -
15 MR. ECHEVERRI A: Do you have anot her quest i on?
16 MR. COUGHLI N: - - r emar kabl e r appor t wi t h t he
17 pol i ce, no.
18 MR. ECHEVERRI A: So you have made an
19 al l egat i on.
20 MR. COUGHLI N: No. Al l I ' ve done i s r epeat
21 what t hat of f i cer sai d, whi ch was, I bel i eve, t o be
22 somewhat of a st at ement agai nst i nt er est .
23 MR. ECHEVERRI A: You' ve r epeat ed t hat wi t hout
24 any i ndependent pr oof t hat what t he of f i cer sai d was t r ue.
25 Yes?
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1 MR. COUGHLI N: I don' t know t hat t hat ' s t r ue.
2 MR. ECHEVERRI A: What ' s t he evi dence - - excuse
3 me.
4 MR. COUGHLI N: I ' ve been ar r est ed f i ve t i mes.
5 MR. ECHEVERRI A: Excuse me. What i s t he
6 evi dence t hat you have t hat t hi s al l egat i on you quot e f r om
7 t hi s of f i cer i s t r ue?
8 MR. COUGHLI N: One, t hat he sai d i t . Okay. I
9 bel i eve I ' ment i t l ed t o t ake t hat as somewhat of pr oof .
10 Two i s t hat I keep get t i ng ar r est ed ever y t i me Ri char d
11 Hi l l get s upset . I get ar r est ed f or j aywal ki ng shor t l y
12 af t er I not i ced t hat hi s cont r act or who bi l l ed me a
13 t housand dol l ar s f or boar di ng up t he por ch used my own
14 pl ywood t o do i t .
15 MR. ECHEVERRI A: Mr . Coughl i n, when a l awyer
16 put s an al l egat i on i n a pl eadi ng - -
17 MR. COUGHLI N: I di dn' t make any al l egat i on.
18 He' s t he one who sai d he f ound a cr ack pi pe and a bag of
19 weed and al l t hese ot her al l egat i ons. I mer el y
20 r epeat ed - - I ' msor r y, your Honor . I ' mt al ki ng over you.
21 MR. ECHEVERRI A: Do you have any f ur t her
22 quest i ons f or Mr . Hi l l ?
23 MR. COUGHLI N: Yes, si r .
24 MR. ECHEVERRI A: Par don me?
25 MR. COUGHLI N: Yes, si r . I gat her you' d l i ke
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1 me t o wr ap t hi s up.
2 Your Honor , may I ask some di r ect i on i n t er ms
3 of what subj ect s you woul d l i ke me t o f ocus on wi t h
4 Mr . Hi l l ?
5 MR. ECHEVERRI A: I can' t di r ect your case,
6 si r . I ' ve i ndi cat ed t o you what I bel i eve t he f ocus of
7 t hi s hear i ng shoul d be.
8 MR. COUGHLI N: That my f i t ness - - i f I can ask
9 f or cl ar i f i cat i on.
10 MR. ECHEVERRI A: I bel i eve t he i ssue t hat t hi s
11 panel has t o det er mi ne i s what t he degr ee, i f any, of
12 puni shment shoul d be f or t he conduct t hat you have al l eged
13 t o have been i nvol ved wi t h, i n t er ms of candor t o t he
14 cour t , candor t o counsel , candor t o wi t nesses, compet ency
15 t o pr act i ce l aw.
16 MR. COUGHLI N: I ncl udi ng - -
17 MR. ECHEVERRI A: I bel i eve t hose ar e t he
18 i ssues t hat t hi s panel shoul d f ocus on. But I do not
19 i nt end t o i n any way l i mi t what you t hi nk shoul d be
20 i mpor t ant .
21 So i f you have f ur t her quest i ons of Mr . Hi l l ,
22 pl ease ask t hem. I t ' s my i nt ent i on t o compl et e t hi s
23 hear i ng. The panel met l ast week. I t i s t he panel ' s
24 i nt ent i on t o compl et e t hi s hear i ng t oday.
25 So do you have any f ur t her quest i ons of
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1 Mr . Hi l l ?
2 MR. COUGHLI N: Yes, si r .
3 BY MR. COUGHLI N:
4 Q Mr. Hill, is it somewhat incongruus for you to
5 assert to this panel that I completely lack competency,
6 and yet you ran up, counting the trial court $20,000 you
7 asked for, and the $42,000 you were ultimately awarded in
8 that appellate court?
9 MR. KI NG: Obj ect i on. Ar gument at i ve and
10 i r r el evant .
11 MR. ECHEVERRI A: Sust ai ned.
12 MR. COUGHLI N: I t hi nk i t goes t o hi s
13 cr edi bi l i t y.
14 MR. ECHEVERRI A: I ' msor r y?
15 MR. COUGHLI N: Your Honor , I t hi nk i t goes t o
16 hi s cr edi bi l i t y t o t he ext ent t hat he' s sayi ng, wel l ,
17 Mr . Coughl i n i s so basel ess and vexat i ous, yet I was abl e
18 t o bi l l 60 gr and f or i t .
19 To me i t ' s l i ke, wel l , at some poi nt i f
20 somebody' s ar gument s ar e so wor t hl ess and so unsuppor t ed,
21 shoul dn' t you be abl e t o br i ng i t home f or l ess t han 60
22 gr and f or a summar y evi ct i on?
23 MR. KI NG: Mr . Chai r man, i f I coul d r espond by
24 poi nt i ng out t he f act t hat t he or der f r omJ udge Fl anagan,
25 whi ch has been admi t t ed, suggest s t hat t hat was - - t hat
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1 t hose f ees wer e gener at ed because of Mr . Coughl i n' s
2 vexat i ous conduct . And t hat t he f ees wer e r easonabl e and
3 wer e awar ded agai nst Mr . Coughl i n, not one cent of whi ch
4 has been pai d.
5 So I t hi nk any suggest i on t o t he cont r ar y i s
6 i r r el evant , because J udge Fl anagan' s or der i s t o be
7 accept ed by t he panel .
8 MR. COUGHLI N: Your Honor , i f I can qui ckl y
9 count er t hat . I don' t know t hat ' s act ual l y pl ed i n your
10 compl ai nt , Mr . Ki ng, or i ncl uded amongst one of t he t hr ee
11 gr i evances. The ext ent t o whi ch - - amI her e t oday
12 because t hi s l i ke J udge Gar dner ' s sanct i ons comi ng up t wo
13 year s l at er ? AmI her e t oday on J udge Fl anagan' s
14 sanct i on? I s he a gr i evant and accor ded a case number
15 t oo?
16 MR. KI NG: Mr . Chai r man, I was r espondi ng t o
17 hi s quest i on.
18 MR. ECHEVERRI A: I bel i eve you' r e her e t oday
19 t o measur e al l of your conduct as a pr act i ci ng l awyer . So
20 I ' d l i ke t o move on. I f you have f ur t her quest i ons of
21 Mr . Hi l l , pl ease ask t hem. I ' ve now af f or ded you i n
22 excess of 20 mi nut es. I ' l l gi ve you anot her f i ve.
23 MR. COUGHLI N: So we' r e not her e t oday based
24 on what ' s been not i ced?
25 MR. ECHEVERRI A: We' r e not her e t oday t o
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1 r el i t i gat e or der s t hat have been f i l ed t hat you have
2 appeal ed, and t hat you have l ost .
3 MR. COUGHLI N: I ' mnot aski ng - - I ' maski ng
4 what i s i t l i mi t ed t o? Because i t sounds l i ke f r omwhat
5 you j ust sai d i t ' s not l i mi t ed.
6 MR. ECHEVERRI A: I don' t i nt end t o i mpose any
7 l i mi t s on you i n t er ms of what you at t empt t o pr of f er as
8 evi dence. I wi l l r ul e on what you pr of f er as evi dence.
9 MR. COUGHLI N: I ' msayi ng what he' s l i mi t ed
10 t o, your Honor .
11 MR. ECHEVERRI A: The i ssue her e, si r , as I
12 under st and t he supr eme cour t ' s or der wi t h r espect t o your
13 convi ct i on of t hef t , and t he i ssues her e wi t h r espect t o
14 t he ot her gr i evances t hat have been f i l ed agai nst you ar e
15 t o t he ext ent as t o what , i f any, shoul d be t he puni shment
16 t hat you shoul d sust ai n as a r esul t of your conduct .
17 MR. COUGHLI N: Yet t hi s i s ent er ed i nt o
18 evi dence.
19 MR. ECHEVERRI A: Thi s i s what ?
20 MR. COUGHLI N: Thi s or der has been ent er ed
21 i nt o evi dence.
22 MR. ECHEVERRI A: Exhi bi t 2 has.
23 MR. COUGHLI N: But i t ' s not pl ed i n any
24 compl ai nt . J udge Fl anagan' s not a gr i evant . I wasn' t
25 not i ced t hat t hat was t he pur pose of t hi s hear i ng t o some
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1 ext ent t oday.
2 MR. ECHEVERRI A: You wer e not i ced t hat t he
3 i ssue of your convi ct i on of t r espass was an i ssue, t hat
4 your handl i ng of t hat case was an i ssue, and i t ' s r el evant
5 as t o t hat .
6 Now, i f you have some mor e quest i ons of
7 Mr . Hi l l , pl ease ask t hem, and l et ' s move on.
8 BY MR. COUGHLI N:
9 Q Mr. Hill, what did you think when I was
10 arrested for jaywalking? How did that make you feel?
11 A Mr . Coughl i n, I was not pr esent when you wer e
12 ar r est ed. I f you' l l r ecal l , t he pol i ce suggest ed t hat I
13 go get a TPO f r omt he j ust i ce cour t . I di d do t hat . And
14 I f i l l ed out t he paper wor k at t he j ust i ce' s cour t and came
15 back t o t he Ri ver Rock home. And by t hat poi nt i n t i me
16 you had been t aken i nt o cust ody. I was not - -
17 MR. COUGHLI N: Obj ect i on. Nonr esponsi ve.
18 BY MR. COUGHLI N:
19 Q I asked you about your feelings, Rich. Your
20 feelings, not a narrative.
21 A I f el t sor r y f or you, Mr . Coughl i n. You ar e
22 your own wor st enemy.
23 MR. ECHEVERRI A: Next quest i on.
24 BY MR. COUGHLI N:
25 Q Did you or anyone that day issue me a warning
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1 to leave the property on November 13th when I was arrested
2 for custodial arrest for criminal trespassing?
3 MR. ECHEVERRI A: I coul dn' t hear t hat . Coul d
4 you r epeat i t ?
5 BY MR. COUGHLI N:
6 Q Did you, Mr. Hill, or anyone else there that
7 day, either the sergeant or the officer or your client,
8 the landlord, did anyone that day issue me a warning,
9 trespass warning, to leave the premises?
10 MR. KI NG: Obj ect i on. Rel evance. He was
11 convi ct ed.
12 MR. ECHEVERRI A: The r el evance, si r ?
13 MR. COUGHLI N: Wel l , i t goes t o t he l egi t i macy
14 of t he convi ct i on. Pl us, i t goes t o - -
15 MR. ECHEVERRI A: You' ve al r eady l i t i gat ed
16 t hat . Sust ai ned. Next quest i on.
17 MR. COUGHLI N: I ' mnot of f er i ng pr oof , j ust
18 t he l egi t i macy of t he convi ct i on.
19 MR. ECHEVERRI A: That ' s what you j ust sai d,
20 and I sust ai ned t he obj ect i on.
21 MR. COUGHLI N: I t was a mul t i f acet ed basi s f or
22 t hat .
23 MR. ECHEVERRI A: What ' s t he r est of i t ?
24 MR. COUGHLI N: That i t goes t o i mpeach
25 Mr . Hi l l ' s cr edi bi l i t y.
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1 MR. ECHEVERRI A: How so?
2 MR. COUGHLI N: I f he' s st andi ng behi nd t hi s
3 asser t i on t hat I demonst r at ed a l ack of candor or f ai r ness
4 t o opposi ng counsel , even wher e he knows t hat no one
5 i ssued a war ni ng t o l eave, t hen I bel i eve i t woul d i mpeach
6 hi s cr edi bi l i t y, and i t woul d bear on t he ext ent t o whi ch
7 I have been unf ai r l y accused of a mul t i t ude of si ns whi ch
8 have been ei t her pl ed or not pl ed i n Mr . Ki ng' s compl ai nt
9 MR. ECHEVERRI A: Anyt hi ng f ur t her ?
10 MR. COUGHLI N: No, si r .
11 MR. ECHEVERRI A: Sust ai ned. Next quest i on.
12 BY MR. COUGHLI N:
13 Q Mr. Hill, what rules of procedure apply in a
14 summary eviction?
15 MR. KI NG: Obj ect i on. Rel evance.
16 MR. ECHEVERRI A: Sust ai ned.
17 MR. COUGHLI N: Wel l , he got t o t est i f y as t o
18 how he' s wor ked so much on t hi s case, and he had t o bi l l
19 so much. And I woul d j ust l i ke t o know i f he knows what
20 r ul es of pr ocedur e go t o.
21 MR. ECHEVERRI A: Sust ai ned. Next quest i on.
22 MR. COUGHLI N: So i t was r el evant when he was
23 t al ki ng about al l t hat , but when I want t o ask hi mabout
24 t hat , i t ' s not r el evant .
25 MR. ECHEVERRI A: You' r e aski ng a speci f i c
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1 quest i on about what r ul e of pr ocedur e. That ' s i r r el evant
2 i n t hi s hear i ng. Pr oceed.
3 MR. COUGHLI N: But - -
4 MR. ECHEVERRI A: Pr oceed, Mr . Coughl i n.
5 MR. COUGHLI N: I don' t t hi nk you' r e goi ng t o
6 l et me wi t h hi m.
7 MR. ECHEVERRI A: I have no i dea. I ' mwai t i ng.
8 MR. COUGHLI N: I don' t t hi nk you' r e goi ng t o
9 l et me pr oceed wi t h a boar d member .
10 MR. ECHEVERRI A: I ' mgoi ng t o al l ow you t o
11 pr oceed.
12 MR. COUGHLI N: I don' t t hi nk you ar e goi ng t o
13 l et me ask hi many good quest i ons.
14 MR. ECHEVERRI A: Do you have any f ur t her
15 quest i ons, si r ?
16 MR. COUGHLI N: I do, but none t hat you' r e
17 goi ng t o l et me ask hi m.
18 MR. ECHEVERRI A: We don' t know t hat , do we?
19 MR. COUGHLI N: You' ve pr et t y much made t hat
20 cl ear .
21 MR. ECHEVERRI A: Do you have any f ur t her
22 quest i ons, si r ?
23 MR. COUGHLI N: I do, but you' r e not goi ng t o
24 l et me ask hi m.
25 MR. ECHEVERRI A: Pl ease ask t hem. I ' l l gi ve
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1 you anot her f i ve mi nut es f or a t ot al of a hal f - hour . I n
2 f i ve mi nut es Mr . Ki ng - -
3 MR. COUGHLI N: - - t el l i ng me no f or f i ve mor e
4 mi nut es.
5 MR. ECHEVERRI A: Excuse me. I have t hi s
6 t er r i bl e habi t of cont i nui ng t o t al k whi l e you' r e t r yi ng
7 t o i nt er r upt .
8 I ' l l gi ve you anot her f i ve mi nut es, at whi ch
9 poi nt Mr . Hi l l wi l l have been her e an hour . So do you
10 have any f ur t her quest i ons?
11 MR. COUGHLI N: I do.
12 MR. ECHEVERRI A: Ask t hem.
13 MR. COUGHLI N: I don' t f eel t hat you wi l l f i nd
14 any of t hemr el evant .
15 MR. KI NG: I woul d ask t he chai r man t o
16 acknowl edge t hat he' s not aski ng any f ur t her quest i ons,
17 and ask t he panel i f t hey have any f ur t her quest i ons, and
18 excuse t he wi t ness, because I have sever al mor e wi t nesses,
19 i ncl udi ng a j udge, st andi ng by.
20 MR. ECHEVERRI A: Does t he panel have any
21 quest i ons?
22 MR. ECHEVERRI A: Mr . Coughl i n, I ' mgoi ng t o
23 of f er you one mor e oppor t uni t y t o ask a r el evant quest i on,
24 i f you bel i eve you have one.
25 BY MR. COUGHLI N:
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1 Q Is there anything I've done that's competent,
2 Rich?
3 A That ' s a t ough quest i on t o answer ,
4 Mr . Coughl i n. Consi der i ng t hat your goal was t o cause
5 Dr . Mer l i ss as much har mas possi bl e, i n t hat r egar d you
6 wer e successf ul . Di d you per f or mas a r easonabl e at t or ney
7 shoul d, I j ust don' t t hi nk so.
8 Q Do you think it's possible that I just felt
9 that I had a basis for defending against a summary
10 eviction as a commercial tenant where you pled no cause,
11 and the law has an express dictate against summarily
12 evicting commercial tenants unless you pled nonpayment of
13 rent? Do you think maybe I just thought that was a
14 legitimate position I took?
15 A No, si r . You made t hat up af t er t he f act .
16 Q Have you noticed that in the tenth affidavit I
17 pled that it was my law office?
18 A You di d not have a busi ness l i cense, si r . You
19 wer e not l awf ul l y oper at i ng a busi ness t her e.
20 Q Well, regardless of whether or not that's
21 true, that's different than what you just said. You said
22 this is a criminal trespass trial. You said, "You made
23 that up after the fact." But then I pointed out to you
24 that, no, Rich it's pled right there. It's pled right
25 there. So is that truthful?
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1 MR. KI NG: Obj ect i on. Ar gument at i ve.
2 THE WI TNESS: I s t her e a quest i on i n t her e?
3 BY MR. COUGHLI N:
4 Q Yeah. You throw out, "You made it up after
5 the fact." And then I say, no, Rich, it's October 19th,
6 it's pled there, it's pled in the tenth affidavit, it's
7 dealt with extensively at trial. A lot of questions and
8 testimony at the trial which was later remixed into a --
9 so is that demonstrating candor on your part to assert
10 that I made it up after the fact when there's all this
11 documentation that says, no, Rich, it's right there, it's
12 commercial tenancy?
13 A Mr . Coughl i n, as you know, I di d not at t end
14 t hat t r i al , nor have I r ead t he t r anscr i pt . I wi l l not e
15 t hough t hat J udge Sf er r azza r ul ed t hat you di d not pr ove
16 anyt hi ng t hat you at t empt ed t o t r y t o pr ove.
17 Q So you just said --
18 A That speaks ver y l oudl y t o your compet ence and
19 what you put i n t he r ecor d i n t hat cour t . And i t was
20 af f i r med on appeal .
21 Q Can you tell me, when you say you didn't plead
22 that, you didn't bring it up. But then a minute later you
23 say, I didn't go to the trial, and I didn't read this and
24 that. How can you say you didn't bring that up, you made
25 it up after the fact, and reconcile that with the
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1 statement that you didn't go to the trial?
2 MR. KI NG: Obj ect i on. Ar gument at i ve.
3 MR. ECHEVERRI A: Sust ai ned. I ' l l al l ow you
4 one mor e quest i on.
5 MR. COUGHLI N: That ' s al l .
6 MR. ECHEVERRI A: I t ' s now, accor di ng t o t he
7 cl ock on t he wal l her e, i t ' s now 10: 45.
8 BY MR. COUGHLI N:
9 Q What do you mean when you say, "You made that
10 up after the fact"?
11 A Mr . Baker , i n paper s t hat he f i l ed, poi nt ed
12 out t o t he cour t t hat you had not r ai sed t hat i ssue i n t he
13 j ust i ce' s cour t , and you di d not chal l enge t hat st at ement
14 by Mr . Baker i n t he paper s t hat he f i l ed wi t h t he cour t i n
15 your r espondi ng paper s.
16 Q What statement by Mr. Baker?
17 A That you had not t i mel y r ai sed t he commer ci al
18 t enant busi ness i n t he j ust i ce' s cour t .
19 MR. ECHEVERRI A: Okay. Mr . Hi l l , you' ve been
20 her e an hour . I bel i eve we have l i mi t ed t he t est i mony of
21 wi t nesses t o hal f an hour . I t hi nk we have af f or ded
22 Mr . Coughl i n t he oppor t uni t y t o ask as many quest i ons he
23 bel i eves ar e r el evant as possi bl e.
24 I f t he panel has not hi ng f ur t her , I ' l l excuse
25 Mr . Hi l l .
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1 THE WI TNESS: AmI r el eased f r omt he subpoena?
2 MR. KI NG: Yes. Thank you, Mr . Hi l l , f or your
3 t i me t oday.
4 MS. PEARL: Mr . Chai r man?
5 MR. ECHEVERRI A: Excuse us f or a second.
6 MS. PEARL: Can we have a t i ny br eak?
7 MR. ECHEVERRI A: As soon as we r el ease
8 Mr . Hi l l , we' l l t ake a br eak.
9 MR. COUGHLI N: And I can' t cal l hi mon di r ect ?
10 MR. ECHEVERRI A: Par don me?
11 MR. COUGHLI N: I can' t cal l hi m- - do I have
12 di r ect ? Do I have a case i n chi ef ?
13 MR. ECHEVERRI A: Sur e.
14 MR. COUGHLI N: So he' s not r el eased f r omt he
15 subpoena.
16 MR. ECHEVERRI A: Do you not want hi mr el eased?
17 MR. COUGHLI N: No, I woul d l i ke t o have hi m
18 subj ect t o subpoena duces t ecum.
19 MR. ECHEVERRI A: Do you i nt end t o cal l hi mon
20 di r ect i n your case i n chi ef ?
21 MR. COUGHLI N: I mi ght .
22 MR. ECHEVERRI A: Mr . Hi l l , woul d you mi nd
23 bei ng on t el ephone st andby?
24 And, Mr . Coughl i n, i f you i nt end t o cal l hi m,
25 I want a hal f - hour not i ce.
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1 THE WI TNESS: That wi l l be t oday?
2 MR. ECHEVERRI A: Yes. Ar e you avai l abl e t hi s
3 af t er noon?
4 THE WI TNESS: I wi l l cancel what ever I have t o
5 make mysel f avai l abl e f or t he panel .
6 MR. ECHEVERRI A: Thank you.
7 THE WI TNESS: Do you want me t o come back out
8 her e or do you want me t o be avai l abl e t el ephoni cal l y?
9 MR. ECHEVERRI A: I j ust want you t o be
10 avai l abl e by a phone cal l , because I ' mnot sur e
11 Mr . Coughl i n has commi t t ed t hat he, i n f act , wi l l cal l you
12 t hi s af t er noon. But he' s asked us not t o r el ease you f r om
13 t he subpoena.
14 I ' maski ng Mr . Coughl i n t o gi ve us at l east a
15 hal f - hour not i ce i f you i nt end t o cal l Mr . Hi l l i n your
16 case.
17 MR. COUGHLI N: Yes, si r . Chai r man, si r , may I
18 ask, wi t h r espect t o t he subpoena duces t ecum, can I ask
19 Mr . Hi l l t o pr esent document at i on as t o when hi s of f i ce
20 met wi t h t he sher i f f ?
21 MR. ECHEVERRI A: Di d you subpoena Mr . Hi l l ?
22 MR. COUGHLI N: That ' s di f f i cul t t o answer
23 gi ven - -
24 MR. ECHEVERRI A: I t shoul dn' t be. I t ' s ei t her
25 a yes or no.
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1 MR. COUGHLI N: I have t o know what r ul es
2 appl y.
3 MR. ECHEVERRI A: Par don me?
4 MR. COUGHLI N: I woul d have t o know what r ul es
5 appl y i n t hi s set t i ng.
6 MR. ECHEVERRI A: The i ssue i s, di d you
7 subpoena Mr . Hi l l t o t est i f y her e t oday i n your case?
8 MR. COUGHLI N: Accor di ng t o t he l aw of what ?
9 MR. ECHEVERRI A: The St at e of Nevada.
10 MR. COUGHLI N: NRCP?
11 MR. ECHEVERRI A: Yes.
12 MR. COUGHLI N: I s appl i cabl e her e?
13 MR. ECHEVERRI A: Yes.
14 MR. COUGHLI N: Real l y?
15 MR. ECHEVERRI A: Di d you subpoena Mr . Hi l l ?
16 MR. COUGHLI N: Because i t doesn' t seeml i ke i t
17 i s appl i cabl e her e.
18 MR. ECHEVERRI A: Mr . Coughl i n, t hat ' s a ver y
19 si mpl e quest i on. Di d you cause a subpoena t o be i ssued
20 f or Mr . Hi l l ' s at t endance i n your case i n chi ef ?
21 MR. COUGHLI N: Bar counsel t ol d me I don' t
22 have t o pay subpoena f ees.
23 MR. ECHEVERRI A: Mr . Coughl i n, wi l l you answer
24 my quest i on?
25 MR. COUGHLI N: I ' mt r yi ng t o, si r .
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1 MR. ECHEVERRI A: No. I t ' s ei t her a yes or a
2 no.
3 MR. COUGHLI N: Depends whet her or not wi t ness
4 f ees ar e r equi r ed.
5 MR. ECHEVERRI A: No, i t doesn' t . That ' s
6 anot her i ssue. The i ssue i s: Di d you cause a subpoena t o
7 be i ssued t o Mr . Hi l l and ser ve hi mwi t h a subpoena; di d
8 you do t hat ?
9 MR. COUGHLI N: I have t o be car ef ul about what
10 I say, si r . And I don' t say t hi s out of di sr espect .
11 MR. ECHEVERRI A: I t hi nk you shoul d be
12 car ef ul , because i t r equi r es a t r ut hf ul answer . The
13 answer i s ei t her yes, I di d subpoena hi m, or no, I di dn' t .
14 MR. COUGHLI N: You' r e not goi ng t o f or ce me
15 i nt o sayi ng what ' s di smi ssed when t hey have made
16 r epr esent at i ons t hat I ' mal l owed t o i ssue subpoenas, or
17 t hat I don' t have t o pay wi t ness f ees, and you want t o j am
18 me i nt o sayi ng yes, yes, I di d t hi s under t he r ul es of
19 t hi s, and not t aki ng i nt o accor d what t hey have been
20 sayi ng t o me.
21 MR. ECHEVERRI A: Mr . Coughl i n, di d you cause a
22 subpoena t o be i ssued - -
23 MR. COUGHLI N: I woul d have t o know what t hey
24 ar e t el l i ng me i s - -
25 MR. ECHEVERRI A: I ' mgoi ng t o t ake t hat as a
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1 no.
2 Mr . Hi l l , you' r e excused.
3 MR. COUGHLI N: I don' t know t hat I woul d say
4 t hat .
5 MR. ECHEVERRI A: I j ust di d.
6 MR. KI NG: Mr . Hi l l , woul d you do me a f avor ?
7 Woul d you conf i dent i al l y shar e your t el ephone number wi t h
8 Laur a Pet er s, t he cl er k, i n case t he chai r does deci de t o
9 cal l you?
10 MR. ECHEVERRI A: We' l l be i n r ecess unt i l
11 11: 00 o' cl ock. And now, because i t ' s a l ot easi er , and we
12 can al l l ook at i t , I t hi nk now we' l l go wi t h t he cl ock on
13 t he St at e Bar wal l her e.
14 ( Recess t aken. )
15 ( Exhi bi t 3 mar ked. )
16 PAUL ELCANO
17 havi ng been f i r st dul y swor n, t est i f i ed as f ol l ows:
18 MR. KI NG: Thank you Mr . Chai r man. My next
19 wi t ness i s Mr . Paul El cano, and Mr . El cano' s al r eady been
20 swor n.
21 MR. ECHEVERRI A: Bef or e we do t hat , l et ' s go
22 on t he r ecor d, because I was i nf or med at t he r ecess t hat
23 t he conver sat i on we had r egar di ng r ecor di ng t hi s
24 pr oceedi ng di d not appear on t he r ecor d.
25 Mr . Coughl i n asked i f i t was appr opr i at e f or
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1 hi mt o r ecor d t hi s pr oceedi ng. I i ndi cat ed t o hi mi t was
2 not , t hat we had an of f i ci al cour t r epor t er , and t hat wi l l
3 be t he of f i ci al r ecor d of t hi s pr oceedi ng
4 Mr . Coughl i n, do you have a t ape r ecor der on?
5 MR. COUGHLI N: No, si r .
6 MR. ECHEVERRI A: Let t he r ecor d r ef l ect t hat
7 t he panel , Mr . Coughl i n, Mr . Ki ng, and t he wi t ness,
8 Mr . El cano, who, dur i ng t he cour se of t he r ecess, was
9 pr evi ousl y swor n.
10 Mr . Ki ng.
11 MR. COUGHLI N: May I j ust ask? I s t her e a
12 pl ug I mi ght be abl e t o use?
13 MR. ECHEVERRI A: I ' msor r y?
14 MR. COUGHLI N: I s t her e somewher e a pl ug I
15 woul d be per mi t t ed t o use?
16 MR. ECHEVERRI A: I have no i dea. I s t her e a
17 pl ug f or Mr . Coughl i n' s comput er ?
18 ( Di scussi on of f t he r ecor d. )
19 MR. ECHEVERRI A: The t i me, accor di ng t o t he
20 cl ock on t he St at e Bar wal l i s now 11: 05. Mr . Ki ng,
21 pur suant t o t he panel ' s pr evi ous or der , you have 15
22 mi nut es t o pr esent Mr . El cano.
23 DI RECT EXAMI NATI ON
24 BY MR. KI NG:
25 Q Mr. Elcano, could you state your name and
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1 spell it for the record, please.
2 A Paul El cano. E- L- C- A- N- O.
3 Q And how are you employed?
4 MR. COUGHLI N: I ' msor r y. I f I can j ust
5 qui ckl y i nt er j ect . I don' t mean t o t ake up t i me. The
6 second of t hr ee wi t nesses i s one who was onl y not i ced
7 about f our , f i ve days ago, so I wi l l obj ect t o t hat . I ' m
8 st andi ng on cer emony wi t h SCR 1052( c) .
9 MR. ECHEVERRI A: Over r ul ed. Pr oceed.
10 BY MR. KI NG:
11 Q Could you tell the panel how you are employed?
12 A I ' mcur r ent l y t he execut i ve di r ect or of Washoe
13 Legal Ser vi ces, a 501( c) 3, t hat pr ovi des l egal ser vi ces t o
14 i ndi gent s.
15 Q Thank you for that service. Did you have
16 contact with Mr. Coughlin as an employee of Washoe Legal
17 Services?
18 A Yes. We empl oyed Mr . Coughl i n f r omAugust - -
19 MR. COUGHLI N: I f I can j ust - -
20 MR. ECHEVERRI A: Excuse me.
21 MR. COUGHLI N: I s t her e any conf l i ct t hat I
22 shoul d be awar e of ?
23 MR. ECHEVERRI A: Any what ?
24 MR. COUGHLI N: Conf l i ct .
25 MR. ECHEVERRI A: Among t he panel member s?
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1 MR. COUGHLI N: Yes.
2 MR. ECHEVERRI A: Not t hat I know of .
3 MR. COUGHLI N: Wi t h Mr . El cano? A
4 l ong- st andi ng per sonal r el at i onshi p?
5 MR. ECHEVERRI A: Ar e you l ooki ng t o me? I ' ve
6 known Mr . El cano si nce we wer e young chi l dr en. I pr obabl y
7 haven' t seen you i n t wo or t hr ee year s. And t hen br i ef l y
8 soci al l y, I don' t even r emember wher e. So i f t hat ' s a
9 conf l i ct you' r e r ef er r i ng t o, Mr . Coughl i n - -
10 MR. COUGHLI N: Di d you go t o St anf or d
11 t oget her ?
12 MR. ECHEVERRI A: No. Not t hat I know.
13 MR. COUGHLI N: You bot h went t o St anf or d?
14 MR. ECHEVERRI A: I went t o St anf or d. I don' t
15 know wher e Mr . El cano went .
16 MR. COUGHLI N: St anf or d?
17 THE WI TNESS: Yes, si r .
18 MR. KI NG: I t ' s par t of Mr . Coughl i n - -
19 MR. ECHEVERRI A: Ar e you r ai si ng an obj ect i on
20 t hat I shoul d r ecuse mysel f ? I f so ar t i cul at e your poi nt .
21 MR. COUGHLI N: Si r , i t ' s my under st andi ng t hat
22 I mi ght have some dut y t o ask i f t her e' s a conf l i ct or
23 some basi s.
24 MR. ECHEVERRI A: I ' mt aki ng i t as an
25 i mpl i cat i on t hat you ar e asser t i ng t hat I have a conf l i ct .
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1 Make your case.
2 MR. COUGHLI N: I don' t know t hat I ' mdoi ng
3 t hat , si r .
4 MR. ECHEVERRI A: Make your case.
5 MR. COUGHLI N: I don' t have enough i nf or mat i on
6 t o do t hat . That ' s why I ' maski ng. I bel i eve t he
7 j udi ci al canons at l east suggest t hat maybe upon some
8 pr ompt i ng or wi t hout pr ompt i ng of t en ki nd of l i ke wi t h t he
9 Gar dner s when I had t o pr ompt , you' r e J udge Gar dner ' s
10 br ot her ?
11 MR. ECHEVERRI A: I coul dn' t under st and t hat .
12 MR. COUGHLI N: Wel l , t he cr i mi nal t r espass
13 case, i t was - -
14 MR. ECHEVERRI A: I ' mf ocusi ng - -
15 MR. COUGHLI N: - - J udge Gar dner ' s br ot her who
16 was t he j udge on t hat .
17 MR. ECHEVERRI A: Mr . Coughl i n, you' r e r ai si ng
18 an i ssue t hat I per haps shoul d r ecuse mysel f .
19 MR. COUGHLI N: I don' t know t hat , si r . I
20 don' t know enough about t he si t uat i on. I di dn' t know you
21 wer e f r i ends as smal l chi l dr en. I di dn' t know you guys
22 went back t hat f ar .
23 MR. ECHEVERRI A: Ar e you asser t i ng t hat t he
24 gr ounds t hat someone knew someone at a young age i s
25 gr ounds enough t o r equi r e r ecusal ?
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1 MR. COUGHLI N: I don' t know.
2 MR. ECHEVERRI A: Ar e you asser t i ng t hat ?
3 MR. COUGHLI N: I doubt t hat ' s enough.
4 MR. ECHEVERRI A: Okay. Ar e you asser t i ng t hat
5 t he f act t hat t wo peopl e went t o col l ege at t he same pl ace
6 and di dn' t even know t hey wer e t her e t oget her i s gr ounds
7 f or a mandat or y r ecusal ?
8 MR. COUGHLI N: I j ust asked f or i nf or mat i on.
9 MR. ECHEVERRI A: Ar e you maki ng t hat
10 asser t i on?
11 MR. COUGHLI N: I j ust asked f or i nf or mat i on.
12 MR. ECHEVERRI A: I gave you t he i nf or mat i on.
13 I don' t know when Mr . El cano went t her e. I at t ended
14 St anf or d f r om1966 t o 1967.
15 Mr . El cano, when wer e you t her e, i f you wer e?
16 THE WI TNESS: ' 66 t o ' 69.
17 MR. COUGHLI N: So t he same year ?
18 MR. ECHEVERRI A: Par don me?
19 MR. COUGHLI N: ' 66.
20 MR. KI NG: Mr . Chai r man, I hope t hi s i sn' t
21 count i ng agai nst my t i me.
22 MR. COUGHLI N: You wer e unawar e of t hi s? You
23 wer e chi l dhood f r i ends, and you' r e unawar e of t hi s?
24 MR. ECHEVERRI A: Yes. That ' s t r ue. That ' s
25 how l i mi t ed our r el at i onshi p i s.
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1 Now, ar e you asser t i ng, si r , t hat t he f act
2 t hat Mr . El cano and I at t ended t he same school at t he same
3 t i me and di dn' t know t hat t o t hi s day, ar e you asser t i ng
4 t hat i s gr ounds f or mandat or y r ecusal ? Yes or no?
5 MR. COUGHLI N: So you di dn' t know t hat t o t hi s
6 day?
7 MR. ECHEVERRI A: I di d not know t hat , si r .
8 Ar e you asser t i ng t hat as gr ounds; yes or no?
9 MR. COUGHLI N: I don' t t hi nk I have enough
10 i nf or mat i on.
11 MR. ECHEVERRI A: Pr oceed.
12 MR. VI LLAS: J ust f or t he r ecor d, Mr . Ki ng
13 shoul d have 15 mi nut es f r omI guess 10 mi nut es af t er .
14 That shoul dn' t eat i nt o hi s t i me f or t he exami nat i on.
15 MR. ECHEVERRI A: I agr ee. I t ' s now 11: 10.
16 BY MR. KI NG:
17 Q I believe I asked you if the Washoe Legal
18 Services had employed Mr. Coughlin?
19 A Accor di ng t o our r ecor ds, he was empl oyed
20 about August 29t h, 2007, t o May 11, 2009.
21 Q And in your capacity working for Washoe County
22 Legal Services, did you come to work with Mr. Coughlin?
23 A Yes.
24 Q In your work with Mr. Coughlin, did you form
25 an opinion as to his competency to practice law in Nevada
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1 as a lawyer?
2 A Yes.
3 Q I'll first ask what that opinion is, then work
4 backward as to why you feel that way. What is your
5 opinion currently of Mr. Coughlin's ability to practice
6 law?
7 A Cur r ent l y I don' t bel i eve he' s compet ent t o
8 pr act i ce l aw based on t he i nf or mat i on I have.
9 Q Just by way of background, did you at one
10 point?
11 MR. COUGHLI N: Obj ect i on. Rel evancy.
12 BY MR. KI NG:
13 Q At some point in time --
14 MR. COUGHLI N: Cal l s f or an exper t - -
15 MR. ECHEVERRI A: He hasn' t f i ni shed t he
16 quest i on yet , Mr . Coughl i n.
17 BY MR. KI NG:
18 Q At some point in time did you consider
19 Mr. Coughlin as a friend or did you like Mr. Coughlin?
20 A Yes. Act ual l y, i n a way I ' ve al ways l i ked
21 Mr . Coughl i n. I don' t have a di sl i ke f or hi m.
22 Q Backing up to what activities did you
23 personally see or witness that formed the basis of your
24 opinion that he is not competent to practice?
25 A The f i r st one was t he or der ent er ed i n t he
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1 J oshi case by J udge Gar dner wher ei n he was sanct i oned f or
2 var i ous t hi ngs whi ch ar e l i st ed i n t he or der . As a r esul t
3 of t hat , I r evi ewed t he t ape of t he hear i ng.
4 Q So you actually listened to the hearing
5 itself?
6 A Yes. I went t hr ough t he hear i ng t r anscr i pt .
7 MR. KENT: Can I ask a quest i on on t hat ?
8 MR. KI NG: Handi ng you what has been mar ked as
9 Exhi bi t 3 f or i dent i f i cat i on pur poses.
10 MR. ECHEVERRI A: Excuse me, Mr . Ki ng?
11 MR. KENT: I j ust want t o ask a cl ar i f yi ng
12 quest i on. I f t hat was dur i ng t he t i me t hat he was
13 empl oyed?
14 THE WI TNESS: Yes, he was st i l l empl oyed f or
15 us at t hat t i me.
16 MR. ECHEVERRI A: What wer e t hose dat es of
17 empl oyment agai n?
18 THE WI TNESS: August 29t h, 2007, t o May 11t h,
19 2009.
20 MR. COUGHLI N: Can I j ust ask, amI i n danger
21 of communi cat i on wi t h r epr esent ed par t i es?
22 MR. ECHEVERRI A: Ar e you what , si r ?
23 MR. COUGHLI N: AmI i n danger of maki ng
24 communi cat i ons wi t h a r epr esent ed par t y t o t he ext ent
25 Mr . El cano i s, I ' massumi ng, I bel i eve hi mand hi s
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1 or gani zat i on r i ght now, and hi s l awyer J oseph Gear i ng' s
2 not her e?
3 MR. KI NG: No.
4 MR. COUGHLI N: I want t o be sur e.
5 MR. ECHEVERRI A: I don' t know what ki nd of an
6 obj ect i on t hat i s, but l et ' s t ake t he i ssues one at a
7 t i me.
8 Mr . Ki ng you' r e pr of f er i ng.
9 MR. KI NG: I was aski ng t he wi t ness i f he
10 r ecogni zed t hi s par t i cul ar document .
11 MR. ECHEVERRI A: Have you mar ked i t ?
12 MR. KI NG: Yes. I t ' s been mar ked as Exhi bi t
13 3. I t has not been pr of f er ed yet .
14 MR. ECHEVERRI A: Okay.
15 THE WI TNESS: Yes.
16 BY MR. KI NG:
17 Q Which judge signed that order?
18 A J udge Li nda Gar dner , who i s a f ami l y cour t
19 j udge i n Washoe Count y, Nevada.
20 Q What is the date that she signed the order?
21 MR. COUGHLI N: You say i t ' s been mar ked, Pat ,
22 you haven' t ent er ed i t yet ?
23 MR. KI NG: That ' s cor r ect .
24 MR. ECHEVERRI A: He hasn' t of f er ed i t yet .
25 MR. COUGHLI N: J ust a - -
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1 BY MR. KI NG:
2 Q The date next to her signature?
3 A Apr i l 10t h, 2009.
4 MR. KI NG: I ' mgoi ng t o move t hat t hi s or der ,
5 a cer t i f i ed copy of whi ch has been pr oduced, be admi t t ed
6 as Exhi bi t No. 3.
7 MR. COUGHLI N: I ' l l obj ect , si r . I t j ust
8 l ooks subst ant i al l y di f f er ent t han what I have seen of
9 t hi s or der . Fur t her , t he r ecei ved on i t i s not cer t i f i ed,
10 and t hat goes t o a mat er i al i ssue her e t o t he ext ent t hat
11 t hi s i s pur por t edl y a ghost gr i evance. We don' t know how
12 t hi s mat er i al i zed at t he St at e Bar . We don' t know i f i t
13 i nvol ves some br ot her and si st er j udi ci al - - wel l , we
14 act ual l y ki nd of do know t hat J udge Li nda Gar dner passed
15 i t t o her br ot her , t he admi ni st r at or of muni cour t who
16 pr esi ded over t he t r espass convi ct i on. And he admi t s
17 passi ng t o J udge Nash Hol mes - -
18 MR. ECHEVERRI A: What ' s t he obj ect i on?
19 MR. COUGHLI N: - - t he day bef or e Mar ch 15t h on
20 t hi s f i l ed her gr i evance wi t h t he St at e Bar .
21 MR. ECHEVERRI A: What i s t he obj ect i on?
22 MR. COUGHLI N: I want t o know exact l y wher e
23 and how Mr . Ki ng got t hi s or der . Why t he 5 on t hi s Mar ch
24 15t h l ooks so odd and di f f er ent t han t he pr evi ous ver si ons
25 wher e - - i t l ooks l i ke somebody dr ew t he 5 i n a l i t t l e
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1 dar ker , Pat .
2 MR. ECHEVERRI A: So your obj ect i on i s what ,
3 si r ?
4 MR. COUGHLI N: He' s t al ki ng about i t bei ng
5 cer t i f i ed, and al l t hi s and t hat . I woul d l i ke some mor e
6 i nf or mat i on about t hat . How i s i t cer t i f i ed?
7 MR. KI NG: I asked t he wi t ness - - I was goi ng
8 t o ask t he wi t ness - - t he wi t ness i dent i f i ed t hi s as a
9 document he r ecogni zed t hat was si gned by t he j udge. The
10 wi t ness t est i f i ed t hat he hear d t he hear i ng.
11 BY MR. KI NG:
12 Q Why did this matter to you --
13 MR. COUGHLI N: No, he sai d i t ' s cer t i f i ed.
14 MR. ECHEVERRI A: Wai t . Pl ease. The exhi bi t
15 has been of f er ed. Your obj ect i on i s? I ' mst i l l not
16 cl ear .
17 MR. COUGHLI N: He' s sayi ng - - when you of f er ,
18 i t ' s my under st andi ng when you of f er , and I ' mnot t hat
19 gr eat at t hi s.
20 MR. ECHEVERRI A: What ' s t he obj ect i on?
21 MR. COUGHLI N: I t ' s not cer t i f i ed, as f ar as I
22 know. I f you ar e goi ng t o be of f er i ng a j udi ci al
23 document , i t needs t o be a cer t i f i ed copy.
24 MR. KI NG: I t does not .
25 MR. COUGHLI N: Di d he get i t f r om- -
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1 MR. ECHEVERRI A: That ' s one way of havi ng i t
2 admi t t ed i s t o be cer t i f i ed. Ther e' s ot her ways t o l ay a
3 f oundat i on. Do you have an obj ect i on?
4 MR. COUGHLI N: Wel l , he sai d i t was cer t i f i ed.
5 So my obj ect i on i s, l et ' s see t he pr oof . Di d you get i t
6 f r omJ oey or Gi na Hast i ngs or di d you get i t f r omt he
7 cl er k of cour t of t he muni cour t ?
8 MR. ECHEVERRI A: Mr . Coughl i n. I ' mnot goi ng
9 t o ent er t ai n quest i ons bet ween and among t he l awyer s. I f
10 you have a quest i on, di r ect i t t o t he panel or t he
11 wi t ness. The obj ect i on i s t hi s l acks f oundat i on?
12 MR. COUGHLI N: No. That t hi s cer t i f i cat i on
13 hadn' t been pr oved or even spoken t o besi des - -
14 MR. ECHEVERRI A: I s i t your posi t i on - -
15 MR. COUGHLI N: - - cer t i f i ed.
16 MR. ECHEVERRI A: - - posi t i on t hat onl y l egal
17 document s can be admi t t ed t hat ar e cer t i f i ed?
18 MR. COUGHLI N: Wel l , I di dn' t make a posi t i on
19 on t hat . My posi t i on i s he sai d i t was cer t i f i ed. So I ' m
20 cont est i ng t hat .
21 MR. ECHEVERRI A: I s t hi s cer t i f i ed?
22 MR. KI NG: Let me get t he cl er k t o br i ng t he
23 cer t i f i cat i on copi es, unl ess she gave t hemt o you al r eady,
24 whi ch I under st ood she di d. Di d she br i ng you copi es?
25 MR. ECHEVERRI A: Thi s par t i cul ar one i s not
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1 cer t i f i ed. Do you have one t hat ' s cer t i f i ed?
2 MR. KI NG: I have al r eady i nt r oduced - - t he
3 copi es do not show t hat i t ' s cer t i f i ed.
4 MR. COUGHLI N: Your Honor , i f I can qui ckl y
5 i nt er j ect f or t he r ecor d, I mean t hat not di sr espect f ul .
6 MR. ECHEVERRI A: Ar e we on t he r ecor d? Ar e
7 you get t i ng t hi s, Ms. Repor t er ?
8 THE COURT REPORTER: Yes.
9 MR. ECHEVERRI A: Go ahead.
10 MR. KI NG: Mr . Chai r man, I ' l l l ay - - I
11 under st ood, and si nce t hi s has been f i l ed wi t h t he cour t s
12 t hat we have cer t i f i ed copi es. Si nce t he copy I gave you
13 i s not cer t i f i ed, I ' mgoi ng t o l ay a f oundat i on a
14 di f f er ent way and wi t hdr aw t he r epr esent at i on t hat t he
15 copy I gave i s a cer t i f i ed copy.
16 MR. COUGHLI N: Yeah. And t hat ' s j ust anot her
17 basi s f or al l - - t he 13t h t i me on t he cl ock. I ' mgoi ng t o
18 say f or mal l y yes, I t hi nk a r ecusal i s appr opr i at e. And I
19 t hi nk, Pat , you need t o consi der whet her t hat ' s f r aud, t o
20 be sayi ng i t ' s cer t i f i ed, backt r acki ng once you get caught
21 on i t . But I ' mj ust goi ng t o put t hat out f or t he r ecor d.
22 MR. ECHEVERRI A: Let ' s deal wi t h t hi s. Ar e
23 you now maki ng a mot i on t hat I shoul d r ecuse mysel f ?
24 MR. COUGHLI N: Do you t hi nk you shoul d?
25 MR. ECHEVERRI A: No. Ar e you maki ng t hat
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1 mot i on?
2 MR. COUGHLI N: Yeah, I t hi nk so. Pr obabl y.
3 MR. ECHEVERRI A: Wel l , t hen ar t i cul at e your
4 posi t i on. I ' d l i ke t o hear i t .
5 MR. COUGHLI N: I t hi nk i t ' s been set f or t h
6 enough.
7 MR. ECHEVERRI A: Set f or t h what ?
8 MR. COUGHLI N: You' ve admi t t ed t o bei ng
9 chi l dhood f r i ends. Ther e' s a r at her odd suggest i on t hat
10 you di dn' t know you bot h went t o St anf or d i n 1966 despi t e
11 bei ng chi l dhood f r i ends, and bei ng i n nor t her n Nevada
12 pr act i ci ng l aw or member s of t he l egal communi t y. And I
13 woul d l i ke t o know any ot her r el evant nexus bet ween t he
14 t wo of you.
15 MR. ECHEVERRI A: So your basi s f or movi ng t hat
16 I shoul d r ecuse mysel f i s t hat I knew Mr . El cano as a
17 chi l dhood f r i end, and we wer e at t he same school t oget her ?
18 MR. COUGHLI N: And t he f act t hat Mr . Ki ng has
19 wor n ever y di f f er ent hat he' s want ed t o wear her e. The
20 f act he j ust sai d somet hi ng was cer t i f i ed, t hen he
21 backt r acks and - - you asked me f or my basi s.
22 MR. ECHEVERRI A: Mr . Coughl i n, I ' maski ng you
23 t o f ocus on your mot i on f or r ecusal . I s i t your posi t i on
24 t hat l egal l y any j udi ci al of f i cer must r ecuse t hemsel ves
25 i f he happens t o have - -
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1 MR. COUGHLI N: I ' mnot goi ng t o get nar r owed
2 down i nt o i f you wer e chi l dhood f r i ends. I ' mt el l i ng you
3 my basi s, and t hat i s t hat t her e i s t oo much f unny
4 busi ness goi ng on her e.
5 MR. ECHEVERRI A: Over r ul ed.
6 MR. COUGHLI N: I ' d l i ke t o set f or t h
7 speci f i cal l y.
8 MR. ECHEVERRI A: I ' ve asked you t o t hr ee
9 t i mes, and you won' t do i t .
10 MR. COUGHLI N: You want t o nar r ow i t down j ust
11 i f you wer e chi l dhood f r i ends, and I want t o go wi t h t he
12 t ot al i t y of t he ci r cumst ances.
13 MR. ECHEVERRI A: Ar t i cul at e your case, si r .
14 I ' ve asked you t o.
15 THE WI TNESS: SCR 105' s been t hr own out t he
16 wi ndow. You' ve r ul ed on mot i ons bef or e I ' ve even had a
17 chance t o oppose t hemor f i l e a r epl y t o an opposi t i on.
18 You cl ai mt hat NRCP i s appl i cabl e her e. Yet under NRCP
19 when I f i l e a mot i on t o bi f ur cat e, and he f i l ed an
20 opposi t i on, and I get t hr ee days f or mai l i ng under 6- C,
21 and he pur por t s t o f i l e i t on t he 24t h, and you r ul e on i t
22 when? On t he 30t h? Don' t I get f i ve days, pl us t hr ee f or
23 mai l i ng t o f i l e my opposi t i on t o pr eser ve f or appeal ?
24 MR. ECHEVERRI A: So shoul d we di sr egar d t he
25 mot i ons you f i l ed wi t hout gi vi ng t he St at e Bar t he
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1 oppor t uni t y t o r espond t i mel y? I had t wo mot i ons shoved
2 under my door l ast ni ght . Shoul d t hose be di sr egar ded
3 under your l egal r easoni ng? Because you di d not of f er t he
4 St at e Bar t he oppor t uni t y t o r espond.
5 MR. COUGHLI N: Wel l , t hat - -
6 MR. ECHEVERRI A: Yes or no, Mr . Coughl i n?
7 MR. COUGHLI N: I t ' s not a yes or no.
8 MR. ECHEVERRI A: Yes, i t i s.
9 MR. COUGHLI N: That woul d ent ai l f i gur i ng out
10 whet her or not 30 days pr i or t o t he hear i ng - -
11 MR. ECHEVERRI A: Let ' s f ocus on t he i ssues
12 back. You' ve made a mot i on now t o r equi r e me t o r ecuse
13 mysel f .
14 MR. COUGHLI N: Yeah.
15 MR. ECHEVERRI A: You made i t on t he basi s
16 t hat , one, Mr . El cano and I knew each ot her as chi l dhood
17 f r i ends. And t wo, t hat we at t ended t he same school
18 t oget her , appar ent l y. And you say i t ' s suspi ci ous t hat I
19 di d not know t hat . Anyt hi ng el se?
20 MR. COUGHLI N: Ever y - -
21 MR. ECHEVERRI A: Anyt hi ng el se?
22 MR. COUGHLI N: Ever y aspect of SCR 1052( c) has
23 been vi ol at ed by your or der s. And t he way t hi s t hi ng has
24 been r un, you have t hr own out ever y l ast pr ocedur al due
25 pr ocess subst ant i ve pr ot ect i on accor ded me f or my pr oper t y
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1 r i ght under t he 14t h Amendment . You have i nsul t ed me by
2 t he way you have r un t hi s panel .
3 MR. KI NG: Mr . Chai r man - -
4 MR. COUGHLI N: And I f i nd out you' r e chi l dhood
5 f r i ends wi t h a guy I ' msui ng.
6 MR. ECHEVERRI A: I ' mchi l dhood f r i ends wi t h
7 j ust i ce - -
8 MR. COUGHLI N: And you went t o St anf or d
9 t oget her i n ' 66, and you di dn' t know t hat . And l et me
10 guess. Ar e you on t he Basque boar d t oo f or UNR? And Paul
11 t el l s us he' s Basque ever y f i ve mi nut es you t al k t o hi m.
12 MR. KI NG: Mr . Chai r man. My exper i ence wi t h
13 Mr . Coughl i n i s i f t hi s i s al l owed t o cont i nue, he wi l l be
14 t hr i l l ed, and i t wi l l go on f or ei ght hour s. My wi t ness
15 has a l i mi t ed t i me.
16 MR. COUGHLI N: And your of f i ce i s a st one' s
17 t hr ow f r omt he St at e Bar .
18 MR. KI NG: I need t o move f or war d, because t he
19 wi t ness has l i mi t ed t i me, wi t h your per mi ssi on.
20 MR. COUGHLI N: I l i ke you per sonal l y. I t hi nk
21 you' r e a char mi ng guy. I do, your Honor . J ust l i ke
22 Mr . El cano. But t he cl ock chi med 13 t i mes. And i f I
23 don' t put i nt o t he r ecor d what i s i t goi ng t o say on
24 appeal ? They ar e t r yi ng t o mer ge me her e. Let ' s be
25 honest . So i f i t ' s a mer gi ng t hat ' s goi ng on her e, I ' m
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1 goi ng t o pr eser ve ever yt hi ng f or t he r ecor d.
2 MR. ECHEVERRI A: I ' mgoi ng t o over r ul e your
3 mot i on f or r ecusal . The supr eme cour t has al r eady r ul ed
4 t hat t he f act t hat a j udge knows a wi t ness or a l awyer i s
5 not , i n and of i t sel f , gr ounds f or r ecusal . That ' s been
6 deci ded and l i t i gat ed i n t hi s st at e. So t he mot i on f or
7 r ecusal i s over r ul ed.
8 Mr . Ki ng, pr oceed t o l ay t he f oundat i on f or
9 Exhi bi t 3.
10 BY MR. KI NG:
11 Q Exhibit 3. Thank you. You just testified
12 that this is the order that emanated from the hearing you
13 heard?
14 A Yes.
15 Q And why were you concerned about this
16 particular order?
17 MR. COUGHLI N: I ' msor r y. I don' t want t o
18 t ake up mor e t i me. I f I can i ncor por at e by r ef er ence al l
19 my pr ocedur al whi ni ng and moani ng f or why I t hi nk t he
20 r ecusal i s appr opr i at e.
21 MR. ECHEVERRI A: I s t hi s a mot i on you f i l ed
22 wi t hi n t he l ast 30 days?
23 MR. COUGHLI N: I t ' s har d, because Mr . Ki ng
24 l i es t o me so much about how t hi ngs - -
25 MR. ECHEVERRI A: Whi ch mot i on - -
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1 MR. COUGHLI N: - - whet her t hey' r e f i l ed or
2 not , whet her t hey wi l l accept , who cont r ol s who, who t he
3 cl er k of cour t has i ndependence f r om. I don' t know what ' s
4 bei ng done by anybody, what I need t o do f or a subpoena,
5 whet her I have t o pay wi t ness f ees, or whet her t he
6 cer t i f i ed mai l i ng of August 23r d i s goi ng t o be used - -
7 MR. ECHEVERRI A: Excuse me, Mr . Coughl i n.
8 MR. COUGHLI N: Ther e i s no r et ur n of ser vi ce
9 her e.
10 MR. ECHEVERRI A: Mr . Coughl i n. I ' mgoi ng t o
11 i nt er r upt you. You' r e of f base. We' r e f ocusi ng on
12 Exhi bi t 3.
13 Pr oceed, Mr . Ki ng.
14 MR. COUGHLI N: Can I i ncor por at e by
15 r ef er ence - -
16 MR. ECHEVERRI A: I don' t know what you ar e
17 t r yi ng t o i ncor por at e - -
18 MR. COUGHLI N: Al l my f i l i ngs. The ar gument s.
19 MR. ECHEVERRI A: No. I ' mnot goi ng t o al l ow
20 you t o i ncor por at e al l your f i l i ngs.
21 Mr . Ki ng, pl ease pr oceed.
22 MR. KI NG: Thank you, Mr . Chai r man. I
23 appr eci at e your pat i ence.
24 BY MR. KI NG:
25 Q If you recall the question, it was, why did
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1 you find that -- or did you find that order important?
2 A Under t hi s or der Mr . Coughl i n was sanct i oned
3 f or at t or ney' s f ees i n, I f or get t he amount , $900- some as
4 I r ecal l . $934.
5 MS. PEARL: Can you speak up, pl ease? I can
6 bar el y hear you.
7 THE WI TNESS: $934 he was sanct i oned i n
8 at t or ney' s f ees. And as a r esul t of t he sanct i on, I
9 r evi ewed t he t r anscr i pt .
10 BY MR. KI NG:
11 Q This hearing, you testified that this hearing
12 and the resulting order were one of the factors that you
13 used to determine that Mr. Coughlin is not competent to
14 practice; is that correct?
15 A Yes. That ' s t he f i r st , t he f i r st r eal l y maj or
16 one.
17 Q The court specifically --
18 MR. COUGHLI N: Obj ect i on. That wasn' t pl ed i n
19 r el evancy. And Mr . El cano has not been qual i f i ed as an
20 exper t t o pr ovi de t he opi ni on as t o someone' s compet ency
21 t o pr act i ce l aw.
22 MR. ECHEVERRI A: Over r ul ed.
23 BY MR. KI NG:
24 Q Could you -- for the record could you read
25 from Page 13 of the Order, which is the one that contains
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1 her signature, the paragraph that begins at Line No. 5 and
2 goes to Line 13?
3 A Yes. " The most t r oubl i ng aspect of t hi s case
4 was Mr . Coughl i n' s r ude, sar cast i c, and di sr espect f ul
5 pr esent at i on at t r i al . Mr . Coughl i n' s i nabi l i t y t o
6 under st and t he bal ance sheet , hi s f ai l ur e t o conduct
7 di scover y, and hi s l ack of knowl edge wi t h r egar d t o t he
8 r ul es of evi dence and t r i al pr ocedur e. Al l of t hi s was
9 compounded wi t h a cont i nuousl y ant agoni st i c pr esent at i on
10 of t he case t hat r esul t ed i n a shi f t f r oma f ai r l y si mpl e
11 di vor ce case t o a cont ent i ous di vor ce t r i al l ast i ng an
12 excessi ve amount of t i me. "
13 Q In the next sentence the court also finds that
14 the "arguments in support thereof to be unfounded in fact,
15 unwarranted by existing law, unreasonable, and vexatious
16 throughout this entire proceeding."
17 Is that a correct statement of that order?
18 A For t he most par t , yes.
19 Q Is there anything that needs to be clarified?
20 A No, I don' t t hi nk so. I ' mj ust sayi ng t hat my
21 r evi ew of t he t r anscr i pt conf i r med t hat .
22 Q When you listened to the -- were you a
23 supervisor -- at this time were you a supervisor of
24 Mr. Coughlin?
25 A Yes.
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1 Q Did you determine -- did you have an opinion
2 at that time, having listened to the hearing itself, did
3 you determine that the position of the judge was correct?
4 A Yes.
5 Q What was another factor that formed your
6 opinion that Mr. Coughlin is not currently competent to
7 practice law?
8 A Sever al t hi ngs have happened si nce. Ther e
9 have been t wo i ssues t hat I ' mper sonal l y awar e of deal i ng
10 wi t h di shonest y.
11 MR. COUGHLI N: Obj ect i on.
12 THE WI TNESS: The qual i t y - -
13 MR. COUGHLI N: Foundat i on. Hear say.
14 Rel evancy.
15 THE WI TNESS: The qual i t y of t he wor k - -
16 MR. ECHEVERRI A: Over r ul ed.
17 THE WI TNESS: - - t hat has comes acr oss my desk
18 has been di sj oi nt ed, f i l l ed wi t h i r r el evant mat er i al , and
19 has not met r easonabl e compet ency st andar ds. He' s had a
20 t or t i ous r esi dent i al pat t er n, and I don' t bel i eve he' s
21 made any t ype of r egul ar of f i ce, so i t woul d be di f f i cul t
22 f or cl i ent s t o cont act hi mbased on what I have seen and
23 know. And I don' t bel i eve he has a ment al st at us t hat ' s
24 capabl e of exhi bi t i ng j udgment t o counsel peopl e i n what
25 t hey shoul d and shoul dn' t do wi t h t hei r l egal si t uat i ons.
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1 BY MR. KI NG:
2 Q In your capacity as a supervisor and somebody
3 who said they like Mr. Coughlin, did you attempt to advise
4 Mr. Coughlin to seek mental health or assistance with his
5 circumstances?
6 A No, I don' t bel i eve I ' ve ever advi sed
7 Mr . Coughl i n t o do t hat . Because of t he J oshi mat t er he
8 was t er mi nat ed, and I di dn' t have any f ur t her cont act wi t h
9 hi m.
10 Q Did you have contact with his family?
11 A I ' ve had, subsequent t o hi s t er mi nat i on, I
12 bel i eve somewher e i n t he nei ghbor hood of t wo or t hr ee
13 t el ephone cal l s wi t h hi s f at her , maybe f our , t r yi ng t o
14 f i nd a way t o get hi msome hel p.
15 Q To your knowledge, has Mr. Coughlin ever
16 heeded the recommendation that he get help?
17 A I have no knowl edge one way or anot her .
18 Q There are some times when a person has an
19 issue or mental infirmity or whatever is going on if they
20 are nice. How would you describe, in terms of
21 Mr. Coughlin, his demeanor in his current state?
22 A As we si t her e t oday?
23 Q If you know what his --
24 A I haven' t seen Zach si nce - - I haven' t seen
25 hi mf or a l ong t i me. Today i s t he f i r st t i me I ' ve seen
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1 hi m.
2 Q Back when you were supervising him, and he
3 wasn't acting appropriately, how would you describe his
4 demeanor?
5 A Wel l , we had hi mf or t hi s gi ven per i od of
6 t i me. And i ni t i al l y I wor ked on vi r t ual l y - - when we
7 hi r ed hi m, I knew t hat Zach had had some i ssues i n t he
8 past . I di d not know he had any ment al i ssues. Or even
9 i f he di d, I don' t know t hat t o t hi s day. And so I
10 ment or ed hi mand wat ched hi mver y cl osel y f or a per i od of
11 t i me, and hi s wor k seemed t o i mpr ove.
12 We had some compl ai nt s f r omt he t wo women' s
13 shel t er s, CAAWand Tahoe Women' s Ser vi ces, over t he cour se
14 of , I coul dn' t be exact , I woul d have t o check, but maybe
15 t he f i r st year . I ' mver y pr ot ect i ve of my empl oyees. I
16 met wi t h t he peopl e f r omt hose t wo shel t er s. I t hought
17 t hey wer e bi ased i n par t . And I r evi ewed some of
18 Mr . Coughl i n' s cl i ent s, and I di dn' t r eal l y t hi nk t her e
19 was a cr i t i cal i ssue.
20 And af t er about a year , 18 mont hs, he st ar t ed
21 t o det er i or at e, i n my opi ni on, st ar t ed t o have
22 di f f i cul t i es, ser i ous di f f i cul t i es, r el at i ng wi t h ot her
23 empl oyees. And t hen about t hi s t i me t he or der came down
24 f r omJ udge Gar dner . And af t er I r evi ewed t he t r anscr i pt ,
25 I di dn' t bel i eve we coul d mai nt ai n hi mas an empl oyee.
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1 And one of t he t hi ngs t hat was r el evant t her e
2 i s t hat t hi s hear i ng t ook pl ace i n t wo sect i ons; I want t o
3 say t hey wer e a week or t en days apar t . And t he conduct
4 and t he cr i t i ci sms of t he conduct by t he j udge i n t he
5 f i r st hear i ng, Mr . Coughl i n came back and behaved exact l y
6 t he same way i n t he second hear i ng, he had not heeded
7 anyt hi ng t he j udge had t ol d hi m.
8 And Mr . Coughl i n i s not st upi d. So I t ook
9 t hat i n l ar ge par t t o be a compet ency i ssue.
10 MR. KI NG: I ver y much appr eci at e your
11 t est i mony and candor . I ' l l pass t he wi t ness.
12 MR. ECHEVERRI A: Thank you, Mr . Ki ng.
13 Mr . Coughl i n, i t ' s now 11: 31. You have 15 mi nut es.
14 MR. COUGHLI N: Yes, si r . Thank you.
15 MR. KI NG: I apol ogi ze. I meant t o have t hi s
16 admi t t ed. Di d I l ay a pr oper f oundat i on? I woul d move
17 f or Exhi bi t 3 t o be admi t t ed.
18 MR. ECHEVERRI A: Any obj ect i on now, si r ?
19 MR. COUGHLI N: I di dn' t hear t he f oundat i on.
20 I ' msor r y.
21 MR. ECHEVERRI A: The f oundat i on was Mr . El cano
22 at t ended t he hear i ng, r evi ewed t hi s or der , and det er mi ned
23 i t t o be - -
24 Thi s i s a t r ue and cor r ect copy of t he or der
25 t hat you l ooked at f ol l owi ng t he hear i ng?
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1 THE WI TNESS: Yes. The one t hat was
2 t r ansmi t t ed t o us by t he j udge.
3 MR. COUGHLI N: Tr ansmi t t ed j ust by t he j udge?
4 THE WI TNESS: We have a copy of i t i n our
5 f i l e.
6 MR. COUGHLI N: Tr ansmi t t ed t o you?
7 THE WI TNESS: Washoe Legal Ser vi ces. I
8 checked i t wi t h my or der . I t appear s t o be t he same
9 or der .
10 MR. COUGHLI N: But you' r e not sayi ng how i t
11 was t r ansmi t t ed t o t he St at e Bar ?
12 MR. ECHEVERRI A: I ' mi nt er est ed i n how i t was
13 t r ansmi t t ed. I ' mi nt er est ed i n i f t hi s i s a t r ue and
14 cor r ect copy of t he or der i ssued by J udge Gar dner i n t he
15 J oshi case - -
16 MR. COUGHLI N: You ment i oned he at t ended
17 t r i al . He di dn' t at t end t he t r i al .
18 MR. KI NG: He sai d he - -
19 MR. COUGHLI N: You sai d he at t ended t he t r i al .
20 But he di dn' t at t end t he t r i al .
21 MR. ECHEVERRI A: Mr . El cano t est i f i ed he
22 at t ended t he hear i ng.
23 THE WI TNESS: No, I r evi ewed t he t ape of t he
24 hear i ng. I wasn' t at t he hear i ng. But i n t he f ami l y
25 cour t t hey ar e on t ape.
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1 MR. ECHEVERRI A: I ' mf ocused on whet her or not
2 t hi s i s a t r ue and cor r ect copy of t he or der i ssued by
3 J udge Gar dner . And have you det er mi ned t hi s t o be t he
4 t r ue and cor r ect copy?
5 THE WI TNESS: Yes. I t ' s t he or der I r el i ed
6 on.
7 MR. ECHEVERRI A: I t wi l l be admi t t ed.
8 ( Exhi bi t 3 admi t t ed. )
9 MR. ECHEVERRI A: Go ahead, Mr . Coughl i n.
10 MR. COUGHLI N: One t hi ng, your Honor , wi t h
11 r espect t o t he r ecei ved st amp on i t . That ' s somet hi ng
12 t hat was on t he or der .
13 MR. ECHEVERRI A: Par don me?
14 MR. COUGHLI N: See t he r ecei ved?
15 MR. ECHEVERRI A: Ri ght .
16 MR. COUGHLI N: That ' s St at e Bar .
17 MR. ECHEVERRI A: Ri ght .
18 MR. COUGHLI N: Put t hat t her e.
19 MR. ECHEVERRI A: Ri ght .
20 MR. COUGHLI N: So i t ' s not r eal l y a copy of
21 t he or der . I t has somet hi ng t hat was not on t he or der .
22 MR. ECHEVERRI A: Okay. Over r ul ed. I s t hat
23 your obj ect i on?
24 MR. COUGHLI N: I t has a f unny 5 on i t . I t ' s
25 one day af t er J udge Gar dner submi t t ed her s. I t seems ki nd
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1 of f unny, l i ke ghost r eadi ng i s goi ng on, because we don' t
2 know who submi t t ed t hi s.
3 Who submi t t ed i t , Pat ?
4 MR. VELLI S: Mr . El cano, do you have anot her
5 copy of t he or der t hat you r ecei ved f r omt he cour t af t er
6 t he hear i ng t hat you compar ed t hi s one t o? I t hi nk you
7 sai d you di d?
8 THE WI TNESS: I compar ed i t t o i t . Mi ne has
9 t wo bl ank spot s i n i t t hough, t wo shor t ar eas, but
10 ot her wi se t hey seemt o be ver bat i mand end on t he same
11 pages.
12 MR. VELLI S: I s t her e a st amp f r omt he St at e
13 Bar on t he one t hat you got f r omt he cour t ?
14 MR. COUGHLI N: You di dn' t get t hi s f r omJ oey
15 or Gi na Hast i ngs - -
16 MR. ECHEVERRI A: Mr . Coughl i n, I ' mnot goi ng
17 t o per mi t quest i ons among t he at t or neys. That ' s i mpr oper .
18 MR. COUGHLI N: Yes, si r .
19 MR. ECHEVERRI A: So i f you have a quest i on,
20 you need t o addr ess i t t o t he panel .
21 MR. COUGHLI N: I t ' s i mpr oper t o say i t ' s
22 cer t i f i ed when i t ' s not .
23 THE WI TNESS: The copy I r evi ewed i s f i l ed
24 el ect r oni cal l y by Howar d Conyer s, t he cl er k of t he cour t .
25 MR. VELLI S: And t her e' s no st amp f r omt he
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1 St at e Bar on t he one t hat you r evi ewed?
2 THE WI TNESS: No.
3 MR. VELLI S: That ' s t he one you r ecei ved f r om
4 t he cour t ?
5 THE WI TNESS: Yes.
6 MR. VELLI S: And t hat one i s t he same as t he
7 one t hat ' s been admi t t ed, Exhi bi t 3?
8 THE WI TNESS: Save and except t wo bl ank spot s
9 t hat ar e t he f aul t of t he copi er .
10 MR. ECHEVERRI A: Mr . Coughl i n, i t ' s admi t t ed.
11 Pr oceed.
12 MR. COUGHLI N: Yes. Thank you.
13 CROSS- EXAMI NATI ON
14 BY MR. COUGHLI N:
15 Q Mr. Elcano, did you tell me when I was working
16 at Washoe -- I'll say Washoe for short -- and I'll say I
17 like Mr. Elcano a great deal. I respect him a lot. I do.
18 MR. ECHEVERRI A: I ' mnot i nt er est ed i n your
19 si de i ssues. I f you have a quest i on of Mr . El cano, pl ease
20 ask hi m.
21 MR. COUGHLI N: Okay.
22 BY MR. COUGHLI N:
23 Q When you were telling me, giving me some
24 mentoring, that when you walk into that courtroom, that
25 courtroom is yours. It's not the judge's, it's not
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1 opposing counsel's, it's yours. Does that sound like
2 something you said to me?
3 MR. KI NG: Obj ect i on. Rel evance.
4 MR. ECHEVERRI A: Was t her e an obj ect i on? I
5 di dn' t hear i t .
6 MR. KI NG: Yes. Obj ect i on. Rel evance.
7 MR. ECHEVERRI A: I ' l l over r ul e i t . Go ahead.
8 THE WI TNESS: Yes. Out of cont ext . But
9 t hat ' s a st at ement I woul d make, yes.
10 BY MR. COUGHLI N:
11 Q How is that reconciled with your criticism of
12 my work in the Joshi case?
13 A I don' t under st and t he quest i on. But your
14 wor k i n t he J oshi case was t hat i t was i ncompet ent . I t
15 had not hi ng t o do wi t h whet her or not you t ook over t he
16 cour t r oom. Ther e wer e no - - i t was a di vor ce case. Ther e
17 was no st at ement or i t emi zat i on of t he communi t y pr oper t y.
18 Ther e was no st at ement or i t emi zat i on of t he communi t y
19 debt s. You wer e compl et el y at a l oss as t o i ssues of
20 r el evance. You made obj ect i ons l i ke you di d t oday t hat
21 went over and over and over agai n wi t hout l egal basi s, and
22 i ncor por at ed st r ange r ul es.
23 The j udge ki ndl y t r i ed t o gi ve you di r ect i on,
24 whi ch you t ot al l y eschewed. You di d t hi s f or t hr ee or
25 f our hour s t he f i r st t i me, came back a week or t en days
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1 l at er and di d i t agai n. I t had not hi ng t o do wi t h whet her
2 or not you t ook cont r ol of t he cour t r oom.
3 Q Have you reviewed the mandamus position I
4 filed in response to that sanction?
5 A I don' t know. I don' t r ecal l .
6 Q You fire an attorney based on, in your words,
7 solely in light of her order, yet you don't recall whether
8 or not you reviewed a petition for writ of mandamus that
9 attorney filed?
10 MR. KI NG: Obj ect i on. Ar gument at i ve, and
11 mi schar act er i zes t he t est i mony.
12 MR. COUGHLI N: That at t or ney t hat i s sui ng
13 your or gani zat i on r i ght now.
14 MR. ECHEVERRI A: You' ve compounded t he
15 quest i on. The quest i on i s: Do you r ecal l r evi ewi ng t he
16 wr i t of mandamus? Hi s answer i s no, he doesn' t r ecal l
17 havi ng r evi ewed i t . Go on t o your next quest i on.
18 BY MR. COUGHLI N:
19 Q To clarify, your answer is you don't recall?
20 A I don' t r ecal l r evi ewi ng t he mandamus. I
21 r ecal l r evi ewi ng your mot i on f or r econsi der at i on of
22 60- some pages or 58 pages, but not mandamus.
23 Q So even -- did that reconsideration motion
24 evince any more competency or skill in that family law
25 setting than you felt was shown at the trial?
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1 A No.
2 Q Are you aware of whether or not the majority
3 viewpoint of the law was argued by me vis--vis the setoff
4 or impermissibility thereof of a domestic duty with a
5 third party debt, such as was presented by
6 Mr. Springgate's illusory settlement offer of waiving
7 alimony in exchange for his client agreeing to be
8 responsible for a multitude of third-party debts on which
9 he was the sole signature?
10 A I don' t under st and t he quest i on.
11 Q And yet you --
12 MR. ECHEVERRI A: Wai t a mi nut e. He i ndi cat ed
13 he di dn' t under st and t he quest i on. Qui t e f r ankl y, I
14 di dn' t ei t her . I f el t i t was compound. Do you want t o
15 ask si mpl e quest i ons?
16 MR. COUGHLI N: Yes.
17 BY MR. COUGHLI N:
18 Q What's your understanding with respect to the
19 position taken by me in that trial vis-a-vis the majority
20 viewpoint of law on setting off or offsetting domestic
21 duties like alimony or child support with third-party
22 debts in a property settlement or debt settlement context?
23 A I ' mst i l l not sur e I under st and t he quest i on.
24 But t her e wer e no chi l dr en, as I r ecal l , so chi l d cust ody
25 had no i ssue i n i t . And i n t er ms of t he of f set , I don' t
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1 know what l aw you pr of f er ed.
2 Q Well, a duty like alimony. A domestic duty.
3 MR. ECHEVERRI A: To me t hat ' s an i ncompl et e
4 quest i on. What ' s t he compl et e quest i on?
5 MR. COUGHLI N: I guess I ' mt r yi ng t o ascer t ai n
6 Mr . El cano' s awar eness of t he posi t i on.
7 BY MR. COUGHLI N:
8 Q What's your understanding of the
9 permissibility of setting off a debt with a duty, a
10 domestic duty?
11 MR. KI NG: Obj ect i on. I r r el evant .
12 MR. ECHEVERRI A: Sust ai ned.
13 MR. COUGHLI N: Di d you say r el evancy? May I
14 r espond t o i t , your Honor ? J ust t o t he ext ent Mr . El cano
15 i s her e t oday pur por t i ng t o cr i t i que my wor k i n t hat
16 r egar d, I t hi nk i t i s r el evant t o ascer t ai n whet her or not
17 he has any sor t of concept i on of per mi ssi bi l i t y of set t i ng
18 of f a domest i c dut y, l i ke al i mony, wi t h some debt . My
19 poi nt .
20 MR. ECHEVERRI A: Ar e you f i ni shed?
21 MR. COUGHLI N: Yeah. And I di dn' t end i t ver y
22 wel l , but I di dn' t want t o gi ve away what I f eel t he
23 answer i s or t he maj or i t y vi ewpoi nt of Amer i can l aw.
24 MR. ECHEVERRI A: The obj ect i on i s sust ai ned.
25 Mr . Coughl i n, i t ' s now 11: 41. You have f i ve
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1 mor e mi nut es.
2 MR. COUGHLI N: Okay. Real l y? The r el evancy
3 obj ect i on i s sust ai ned. He get s t o t est i f y as t o how
4 cl uel ess I am. And t hi s when I ask t o see i f he has any
5 sor t of knowl edge i n t hi s ar ea, i t ' s not r el evant ?
6 MR. ECHEVERRI A: He' s t est i f i ed on a number of
7 i ssues as t o your compet ency, your demeanor i n t he
8 cour t r oom, your conduct t owar d wi t nesses, t owar d j udges,
9 your abi l i t y t o f ol l ow t he j udge' s di r ect i ons.
10 MR. COUGHLI N: They ar e al l r el evant when he
11 was t al ki ng about t hem.
12 MR. ECHEVERRI A: Those i ssues ar e, si r .
13 Whet her or not he knows t he i nt r i caci es of some f i ne poi nt
14 of l aw t o me i s i r r el evant . Now, i f you have some
15 quest i ons t o addr ess t o Mr . El cano, pl ease do so, and
16 l et ' s not ar gue.
17 MR. COUGHLI N: Okay.
18 BY MR. COUGHLI N:
19 Q Mr. Elcano, for you to have any sort of
20 legitimate informed bases for the opinion you proffered
21 here today with respect to my competency incident to my
22 work in that Joshi case, wouldn't you need to know whether
23 or not a domestic duty is accorded greater significance
24 and protection in the law than is a third-party debt --
25 A No.
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1 Q -- therein? It's not permissible to do
2 essentially what Judge Gardner tried to force on my
3 client, which is accept a settlement, whereby a setoff is
4 made whereby my client waived her alimony in exchange for
5 Mr. Springgate's client saying he set it off by the debts,
6 by taking them on, even though they could never get at her
7 anyway because he was the sole signatory.
8 MR. ECHEVERRI A: I s t her e a quest i on t her e,
9 Mr . Coughl i n?
10 THE WI TNESS: I don' t under st and.
11 MR. ECHEVERRI A: Or i s t hat a st at ement ?
12 MR. COUGHLI N: I t i s a st at ement . I t hi nk - -
13 MR. ECHEVERRI A: Then ask a - -
14 MR. COUGHLI N: He' s t al ki ng about t hi ngs he
15 doesn' t know about .
16 MR. ECHEVERRI A: Then ask a quest i on.
17 BY MR. COUGHLI N:
18 Q Was it appropriate for Judge Gardner to tell
19 my client, Ms. Joshi, not to listen to her attorney in a
20 close-range informal settlement conference?
21 A I don' t r ecal l t hat i ssue. I have no opi ni on
22 on i t .
23 Q You don't recall that issue?
24 A No.
25 Q Do you know whether or not Judge Gardner in
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1 sitting informally with myself and Ms. Joshi in the
2 settlement conference impromptu five minutes before the
3 trial told me to shut up?
4 A No, I have no knowl edge of t hat .
5 Q Do you know whether she told my client not to
6 listen to her attorney?
7 A I have no knowl edge of t hat set t l ement
8 conf er ence.
9 Q Do you know whether or not all these materials
10 were cited in filings?
11 A I don' t under st and t hat quest i on. I don' t
12 know what mat er i al s you' r e t al ki ng about .
13 Q Were those issues brought up in filings that
14 you have purported to this panel to have read and
15 reviewed?
16 A No, I r ead t he or der .
17 Q But you didn't just read the order; right?
18 MR. KI NG: Obj ect i on. Ar gument at i ve.
19 MR. ECHEVERRI A: That i s ar gument at i ve. You
20 can ask i t i n a way t hat i s not ar gument at i ve.
21 BY MR. COUGHLI N:
22 Q Didn't you testify earlier that you read the
23 motion for reconsideration?
24 MR. ECHEVERRI A: We' r e not i nt er est ed i n what
25 he pr evi ousl y t est i f i ed t o. That ' s on t he r ecor d. Ask a
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1 di r ect quest i on.
2 BY MR. COUGHLI N:
3 Q Did you read anything besides the order?
4 A Back at t he t i me of your t er mi nat i on I di d go
5 t hr ough t he f i l e. I don' t r emember cur r ent l y what I r ead.
6 I r ead your mot i on f or r econsi der at i on when i t was f i l ed.
7 Q Did you hire Lindy Wisher before her Bar
8 results came in?
9 A We hi r ed Li ndy Wi sher l ong bef or e she went t o
10 l aw school .
11 Q Right. But as an attorney, before her Bar
12 results came back, did you extend an offer of employment
13 to her?
14 MR. KI NG: Obj ect i on. Rel evance.
15 THE WI TNESS: Yes, si r .
16 MR. COUGHLI N: I t goes t o wi t ness bi as.
17 MR. ECHEVERRI A: Goes t o what ?
18 MR. COUGHLI N: Goes t o bi as. Mr . El cano
19 hi r ed - -
20 MR. ECHEVERRI A: I t ' s now 11: 46. I ' mgoi ng t o
21 af f or d you t wo mor e mi nut es.
22 MR. COUGHLI N: Yes, si r .
23 BY MR. COUGHLI N:
24 Q Did you say that Matt Pinkolini couldn't deal
25 with working with Karen Sternly?
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1 A I don' t t hi nk I sai d t hat i n t hose wor ds.
2 Q Did you say anything remotely like that?
3 A I don' t r ecal l . I can t est i f y t hat Mat t
4 Pi nkol i ni l ef t our empl oy, and he di d not enj oy wor ki ng
5 wi t h Kar en St er nl y. Exact l y why he l ef t , I can' t t el l
6 you.
7 Q Would that be a similar basis for Larry
8 Belasco leaving the domestic violence unit?
9 A That I ' mnot sur e of . But Lar r y Bel asco
10 want ed a t r ansf er t o wor k i n t he chi l d advocacy uni t .
11 When an openi ng came up, I moved hi m.
12 Q Did he ever communicate to you a displeasure
13 in working with Miss Sternly?
14 A He may have.
15 Q Did he?
16 A I don' t r ecal l exact l y, but he may have. I
17 know I ' ve had di f f i cul t i es i n wor ki ng wi t h her , so i t
18 woul dn' t sur pr i se me i f Lar r y Bel asco had some.
19 Q Did you have a communication with me incident
20 to some of these complaints or a complaint, I don't know
21 if it was the Tahoe one or CAAW one or if it was Rhonda or
22 something, in about January-February 2009, wherein you
23 said, you know what? I asked Master Edmondson about you,
24 and I asked Judge Gardner -- might have been it was Judge
25 Gardner by that point -- and they both gave you thumbs up,
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1 or something similar to that?
2 A No. I don' t t hi nk you' r e char act er i zi ng what
3 I sai d cor r ect l y.
4 MR. ECHEVERRI A: Your t i me has expi r ed,
5 Mr . Coughl i n. Do you want t o ask one mor e quest i on?
6 MR. COUGHLI N: Yes. I woul d l i ke hi mt o
7 cl ar i f y as t o wher e I ' mami ss t her e. What i t i s t hat he
8 mi ght have sai d.
9 MR. ECHEVERRI A: Go ahead, i f you can,
10 Mr . El cano.
11 THE WI TNESS: Per i odi cal l y I ask j udges how
12 our empl oyees ar e doi ng, and especi al l y i f t her e' s a
13 compl ai nt . And somewher e ear l y on or t o t he mi ddl e of
14 Mr . Coughl i n' s empl oyment I asked one or t wo j udges i f he
15 was doi ng okay, and t hey sai d he was doi ng okay. So as a
16 r esul t , I di d not pur sue t he compl ai nt of t he t wo shel t er
17 or gani zat i ons. So I st ood by my empl oyee at t hat t i me
18 MR. ECHEVERRI A: Anyt hi ng f ur t her , Mr . Ki ng?
19 MR. COUGHLI N: Was one of t hose j udges, J udge
20 Gar dner ?
21 MR. ECHEVERRI A: Mr . Coughl i n, your t i me has
22 expi r ed.
23 MR. KI NG: I don' t know i f t he panel has any
24 quest i ons, but I don' t .
25 MR. ECHEVERRI A: Any quest i ons f r omt he panel
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1 member s?
2 May Mr . El cano be excused?
3 MR. KI NG: Thank you f or your t i me t oday.
4 MR. ECHEVERRI A: Cal l your next wi t ness.
5 MR. KI NG: I ' mgoi ng t o see i f I can get J udge
6 Hol mes on t he phone.
7 MR. ECHEVERRI A: Why don' t we do t hat . I f she
8 i s avai l abl e, i f t he panel agr ees, l et ' s go ahead and t ake
9 her t est i mony, and t hen t ake a l unch br eak. Because t hat
10 may put her t hr ough her l unch br eak, whi ch may accommodat e
11 her schedul e as wel l .
12 MR. VELLI S: I agr ee.
13 MR. COUGHLI N: Can I ent er my obj ect i on t o her
14 t est i f yi ng by phone?
15 MR. ECHEVERRI A: I di dn' t hear t hat . Was t hat
16 somet hi ng f or t he r ecor d?
17 MR. COUGHLI N: Ent er i ng my obj ect i on t o her
18 appear i ng by t el ephone. I woul d l i ke her t o be swor n. I f
19 I may ask f or t hat .
20 ( Pl aci ng phone cal l t o J udge Hol mes. )
21 MR. KI NG: J udge Hol mes, as you know, my name
22 i s Pat Ki ng, assi st ant Bar counsel , r epr esent i ng t he St at e
23 Bar i n a di sci pl i nar y act i on agai nst Zach Coughl i n. Di d
24 you under st and t hat I was aski ng you t o t est i f y t oday on
25 t hat ?
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1 J UDGE HOLMES: Yes. And I ' mavai l abl e, and
2 I ' mher e, and I ' mr eady.
3 MR. COUGHLI N: Can we have her swor n?
4 MR. ECHEVERRI A: J ust a second, Mr . Coughl i n.
5 Di d you have somet hi ng, Mr . Ki ng?
6 MR. KI NG: I was goi ng t o l ay out t he r oom.
7 But maybe have her swor n f i r st .
8 MR. ECHEVERRI A: J udge Hol mes, t hi s i s J ohn
9 Echever r i a. I ' mt he chai r of t he panel . And we' l l ask
10 t he cour t r epor t er t o swear you i n at t hi s t i me.
11 ( The oat h was admi ni st er ed t el ephoni cal l y
12 t o t he wi t ness. )
13 MR. ECHEVERRI A: J udge Hol mes, t he panel has
14 pr evi ousl y i ssued an or der t hat we' r e goi ng t o l i mi t each
15 si de' s exami nat i on and cr oss- exami nat i on of t he wi t nesses
16 t o 15 mi nut es.
17 J UDGE HOLMES: Okay.
18 MR. ECHEVERRI A: We' r e usi ng t he cl ock her e at
19 t he St at e Bar of f i ce. The cl ock her e says i t ' s 11: 51. So
20 I ' l l gi ve Mr . Ki ng 15 mi nut es t o put you on di r ect .
21 J UDGE HOLMES: Al l r i ght . Let me j ust war n
22 you t hat my cel l phone, i f I di sconnect , i t ' s because my
23 cel l phone bat t er y i s dyi ng. I f i t st ar t s get t i ng l ow,
24 I ' l l go up t o my r oomand keep t al ki ng t o you.
25 MR. ECHEVERRI A: Al so, do you have any
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1 obj ect i on - - t he panel f eel s t hat we woul d l i ke t o go
2 ahead and get your compl et e t est i mony even t hough we mi ght
3 encr oach i nt o t he noon hour . I s t hat agr eeabl e wi t h you?
4 J UDGE HOLMES: Yeah, t hat ' s f i ne.
5 MR. ECHEVERRI A: I t ' s now 11: 52. Let ' s st ar t
6 t he t i me at t hat poi nt .
7 MR. KI NG: Wi t h your per mi ssi on, may I move
8 cl oser t o t he phone?
9 MR. ECHEVERRI A: Sur e.
10 DOROTHY NASH HOLMES
11 havi ng been f i r st dul y swor n, t est i f i ed as f ol l ows:
12 DI RECT EXAMI NATI ON
13 BY MR. KI NG:
14 Q Judge Holmes, could you explain to the panel
15 how you -- whether or not you formed an opinion as to
16 Mr. Coughlin's competency to practice law in Nevada?
17 A Yes, I di d. I was t he pr esi di ng j udge i n a
18 t r af f i c t r i al wher e he was t he def endant , and al so
19 r epr esent i ng hi msel f . And i t was a t r af f i c t i cket case,
20 and i t was qui t e an or deal . We basi cal l y went t hr ough a
21 coupl e, t hr ee hour s of t r i al , and I saw hi s per f or mance at
22 t hat t i me, and i t caused me t o dr aw some concl usi ons.
23 Q Did you end up holding Mr. Coughlin in
24 criminal contempt?
25 A I di d. As I sai d, t he t r i al was a bi t of an
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1 or deal . I hel d hi mi n cont empt because of numer ous ant i cs
2 and act i ons, and what I consi der ed t o be mi sconduct t hat
3 he was per f or mi ng dur i ng t he r epr esent at i on of hi msel f .
4 ( Exhi bi t 4 mar ked. )
5 BY MR. KI NG:
6 Q I'm holding in my hand an order that was
7 signed by you dated the 28th of February, 2012, in the
8 matter of 11 TR, which I assume stands for traffic, 26800
9 21. And it's an order finding the defendant in contempt
10 of court and imposing sanctions. Do you recall executing
11 such an order?
12 A Yes, I di d. I wr ot e i t mysel f , and I si gned
13 i t , and I f ound hi mi n cont empt , i n di r ect cont empt dur i ng
14 t he pr oceedi ng, and r i ght af t er t hat di d t he or der .
15 Q I'm reading from Page 3 of your order, which
16 is the final page that has your signature on it before the
17 service, certificate of service. But in that final
18 paragraph it says, "The court finds that the defendant's
19 actions were intentional and done in utter disregard and
20 contempt for the court, and in the presence of the court,
21 for purposes of disrupting and delaying the proceedings
22 and dishonoring the rule of law and this court, and
23 constitute the misdemeanor of criminal contempt, a
24 violation of NRS 22.010. Good cause appearing therefore,
25 the following sanctions are imposed."
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1 Did you write that order?
2 A Yes, I di d.
3 Q Is there anything that's occurred since you
4 issued the order to make you believe that your order is
5 not accurate?
6 A Wel l , no. I ' ve seen Mr . Coughl i n a f ew mor e
7 t i mes, and I bel i eve he' s got some ser i ous ment al i l l ness
8 i ssues t hat dr i ve hi s conduct . But I don' t bel i eve t hat
9 he i s capabl e of pr act i ci ng l aw because of ei t her case,
10 whet her i t ' s because he i nt ent i onal l y act s t hat way or
11 because he i s unabl e t o cont r ol hi s act i ons and act s t hat
12 way.
13 MR. KI NG: I ' mgoi ng t o ask t hat Exhi bi t No. 4
14 be admi t t ed, whi ch i s t he or der t hat I j ust had t he j udge
15 conf i r mi s her or der .
16 MR. ECHEVERRI A: Any obj ect i on, Mr . Coughl i n?
17 MR. COUGHLI N: She i s not her e t o be abl e t o
18 see i t .
19 MR. ECHEVERRI A: Par don me?
20 MR. COUGHLI N: She i s not her e t o see i t , so
21 she can' t conf i r mi t .
22 MR. ECHEVERRI A: Di d you wr i t e - - J udge
23 Hol mes, t hi s i s J ohn Echever r i a. Di d you wr i t e any ot her
24 or der i n t he case of Ci t y of Reno ver sus Zachar y Bar ker
25 Coughl i n t hat was dat ed Febr uar y 28t h, 2012?
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1 THE WI TNESS: No. I wr ot e one or der hol di ng
2 hi mi n cont empt .
3 MR. ECHEVERRI A: That was l odged wi t h - - was
4 t hat l odged wi t h t he Reno Muni ci pal Cour t on t hat same
5 day?
6 THE WI TNESS: Yes, i t was. And t hen I
7 pr ovi ded a copy of t hat t o Mr . Ki ng at hi s r equest .
8 MR. ECHEVERRI A: I bel i eve t hi s Exhi bi t 4 has
9 been aut hent i cat ed, and I al l ow i t t o be admi t t ed.
10 ( Exhi bi t 4 admi t t ed. )
11 THE WI TNESS: And t he par t he r ead f r om, I ' m
12 f ami l i ar wi t h, and I r evi ewed i t agai n bef or e when he
13 asked me t o be avai l abl e f or t est i mony.
14 MR. ECHEVERRI A: Okay. Thank you, J udge.
15 ( Exhi bi t 5 mar ked. )
16 MR. KI NG: I s number 4 admi t t ed?
17 MR. ECHEVERRI A: Yes.
18 BY MR. KI NG:
19 Q Your Honor, I've asked another order be marked
20 for identification purposes that was signed by you on the
21 12th day of March 2012. And it simply states an Order.
22 And in the order you are discussing at some length
23 Mr. Coughlin's conduct again in the traffic case 11 TR
24 26800 21.
25 A Yes, I di d.
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1 Q And on Page 4 of that order, after some
2 discussion, you write the following -- or I'm asking you
3 if you wrote the following. "Based upon the total
4 circumstances of this case, the in-court performance of
5 the defendant as observed by this court, the written
6 documents faxed to the court for filing by the defendant,
7 the statements and behavior of this defendant and his
8 overall conduct herein, this court finds by clear and
9 convincing evidence that Zachary Barker Coughlin, an
10 attorney licensed to practice law in the State of Nevada,
11 has committed numerous acts of attorney misconduct,
12 including, but not limited to, violating the following
13 rules of professional conduct."
14 Do you remember writing that paragraph?
15 A Yes, I di d. I wr ot e t hat . And agai n, I wr ot e
16 i t al l mysel f and pr ovi ded a copy t o you af t er I had - -
17 Q Do you have any kind of a background --
18 besides being an experienced judge, do you have any kind
19 of background working with people that have mental
20 illness?
21 A Yes, I do. Wel l , of cour se, I ' mt he
22 pr osecut or f or many year s, and came acr oss many peopl e
23 wi t h pr obl ems. But I was t he deput y di r ect or of
24 cor r ect i ons f or t he St at e of Nevada f or seven year s, and
25 dur i ng t hat t i me I educat ed mysel f a gr eat deal on
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1 r ehabi l i t at i on and cor r ect i onal pr ogr ammi ng, subst ance
2 abuse, ment al i l l ness, and t he such, because I had t o set
3 up pr ogr ams about t hose t hi ngs i n t he pr i son syst em. And
4 ul t i mat el y I al so di d a gr eat deal of t r ai ni ng on t hat , on
5 t hose t opi cs. And I super vi sed 25 psychol ogi st s,
6 subst ance abuse counsel or s, soci al wor ker s, and ot her s.
7 I al so cur r ent l y ama muni ci pal cour t j udge.
8 I j ust had my second year anni ver sar y yest er day. And I
9 r un t hr ee speci al t y cour t s, i ncl udi ng one whi ch i s - -
10 MR. COUGHLI N: I bel i eve t hat ' s been 15
11 mi nut es.
12 THE WI TNESS: - - ment al heal t h cour t f or
13 i ndi vi dual s wi t h addi ct i on and co- occur r i ng di sor der s, one
14 t hat i s a dr ug, a DUI cour t , whi ch many peopl e, al most
15 al l , ar e addi ct ed as opposed t o j ust abusi ng, and a ser i al
16 i nebr i at e cour t . So I have t hr ee docket s wi t hi n my
17 speci al t y cour t s.
18 And I ' ve had a l ot of t r ai ni ng over j ust t he
19 l ast t wo year s on t he subj ect , as wel l as i n addi t i on t o
20 havi ng t r ai ni ng at t he Nat i onal J udi ci al Col l ege on
21 phar macol ogy and t hat sor t of t hi ng. And, i n f act , t he
22 conf er ence I j ust st epped out of i s anot her one, a
23 speci al t y cour t conf er ence i n Las Vegas r i ght now wher e
24 t hey ar e goi ng over phar macol ogy and t he ef f ect s of dr ugs
25 and al cohol on di f f er ent par t s of t he br ai n and ment al
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1 i l l ness.
2 BY MR. KI NG:
3 Q Thank you, Judge. The last paragraph on Page
4 3 states as follows. "The conduct of Mr. Coughlin has
5 been inappropriate, bizarre, dishonest, irrational and
6 disruptive to say the least. He has not practiced law" --
7 MR. COUGHLI N: Ar e you r eadi ng t he or der f r om
8 t he 28t h, Pat ?
9 MR. ECHEVERRI A: Excuse me, Mr . Coughl i n.
10 MR. COUGHLI N: I ' mnot seei ng t hi s on t he
11 t hi ng he gave us.
12 MR. ECHEVERRI A: Mr . Coughl i n, I ' ve caut i oned
13 you about i nt er r upt i ng i n t he past .
14 MR. COUGHLI N: I ' maski ng f or cl ar i f i cat i on.
15 MR. ECHEVERRI A: You i nt er r upt ed counsel i n
16 t he mi ddl e of a quest i on.
17 MR. COUGHLI N: He di dn' t gi ve me t hat .
18 MR. KI NG: I ' mhandi ng i t t o you r i ght now.
19 MR. COUGHLI N: He di dn' t gi ve me t hat . I s
20 t hi s admi t t ed i nt o evi dence?
21 MR. ECHEVERRI A: Not yet .
22 BY MR. KI NG:
23 Q -- paragraph 3, and this is partly for the
24 purpose of laying a foundation, did you actually write it?
25 It says, "He has not practiced law in this case in a
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1 manner that demonstrates his competence, professionalism,
2 preparation, consideration for the court, the witnesses or
3 his opposing counsel. He has been very disrespectful to
4 the court."
5 Did you write that?
6 A Yes, I di d wr i t e t hat .
7 Q And then you made a list, you actually went so
8 far as on Page 4 as to be very specific in listing the
9 rules of professional conduct that you were saying he
10 violated?
11 A Yes, I di d.
12 Q You listed 8.4, engaged in dishonesty, fraud,
13 deceit or misrepresentation.
14 Because I'm limited in time, I'm not going to
15 read them all, but I'm going to ask that Exhibit Number 5
16 be admitted.
17 MR. ECHEVERRI A: Obj ect i on, Counsel ?
18 MR. COUGHLI N: Yeah. Thi s l ooks t ot al l y
19 di f f er ent t han t he one t hat ' s i n t he f i l e. What ' s goi ng
20 on her e? Why i s t hi s one al l bl ur r y and i l l egi bl e, and
21 t hi s one l i ke pr i st i ne cl ean, Pat ?
22 MR. ECHEVERRI A: What i s t he obj ect i on,
23 Mr . Coughl i n?
24 MR. COUGHLI N: I f t hi s wasn' t pr opounded.
25 MR. ECHEVERRI A: Thi s wasn' t what ?
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1 MR. COUGHLI N: Thi s ver si on wasn' t pr opounded
2 ear l i er .
3 MR. ECHEVERRI A: I t was at t ached t o t he
4 compl ai nt .
5 MR. COUGHLI N: Thi s i s cl ear . The pr obl emi s
6 t he one he' s al ways at t ached t o t he compl ai nt i s not
7 cl ear .
8 THE WI TNESS: Mr . Echever r i a, t hat was al so
9 pr ovi ded t o Mr . Coughl i n. At t he t i me t hat or der was
10 ent er ed, I had hi mser ved up i n j ai l when he was bei ng
11 hel d f or cont empt - -
12 MR. COUGHLI N: No, you di dn' t .
13 THE WI TNESS: - - mai l ed t o hi s house as wel l .
14 MR. COUGHLI N: No, she di dn' t .
15 MR. ECHEVERRI A: Thanks, J udge. I ' mgoi ng t o
16 admi t Exhi bi t 5. I t was t he or der at t ached t o t he
17 compl ai nt . I t was pr ovi ded as Bat es number s 1804 t hr ough
18 1809 t o t he document s copi ed and pr oduced f or
19 Mr . Coughl i n. So Exhi bi t 5 i s admi t t ed.
20 ( Exhi bi t 5 admi t t ed i nt o evi dence. )
21 BY MR. KI NG:
22 Q Judge Holmes, was it your intention -- you
23 made these findings by clear and convincing evidence,
24 which is the standard of proof necessary for disciplinary
25 proceedings. Was it your intention that this order be
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1 accepted by the panel as proof of his -- as irrefutable
2 proof of his violation of these rules?
3 A Yes, i t was. And I ' mnot i nt endi ng t o
4 subst i t ut e mysel f f or t he panel . I under st and, and di d
5 under st and, t hat i t was t hei r j ob t o concl ude t hat . But I
6 di d want t o t el l t hemt hat i n my exper i ence, and based on
7 my j udi ci al posi t i on, I di d f i nd t hat est abl i shed by t hat
8 par t i cul ar l evel of pr oof . And I do bel i eve t hat i t has
9 t hat , i n my exper i ence wi t h hi m.
10 MR. COUGHLI N: I t ' s been 15 mi nut es.
11 MR. KI NG: Thank you f or your t i me. I ' mgoi ng
12 t o pass t he wi t ness. I n t hi s case Mr . Coughl i n may
13 cr oss- exami ne you, and t he panel may have some quest i ons.
14 Thank you, your Honor .
15 MR. ECHEVERRI A: Thank you, J udge. I t ' s now
16 11: 04. Mr . Coughl i n, I wi l l gi ve you 18 mi nut es - -
17 MR. COUGHLI N: He had 30.
18 MR. ECHEVERRI A: - - t he same amount of t i me
19 t hat t he St at e Bar - -
20 MR. COUGHLI N: He had 30 mi nut es.
21 MR. VELLI S: No, he di dn' t .
22 MR. COUGHLI N: How many mi nut es di d he have?
23 18?
24 MR. ECHEVERRI A: He used 13 mi nut es,
25 Mr . Coughl i n.
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1 MR. COUGHLI N: He had 13 mi nut es?
2 MR. J OHNSON: J ohn, I t hi nk you mi sspoke. I
3 t hi nk i t ' s 12: 04.
4 MR. ECHEVERRI A: What di d I say? I t ' s 12: 04.
5 I ' mgoi ng t o gi ve you t he ot her t wo mi nut es t hat t he St at e
6 di d not use. So, Mr . Coughl i n, you wi l l have unt i l 12: 19.
7 MR. COUGHLI N: Thank you, your Honor .
8 CROSS- EXAMI NATI ON
9 BY MR. COUGHLI N:
10 Q Judge Nash Holmes, what did your marshals tell
11 you about a bathroom break?
12 A I ' msor r y. What mar shal s when?
13 Q Well, the ones you reference on the audio from
14 the March 12th hearing?
15 A Wel l , agai n, whi ch - - my mar shal s. Coul d you
16 be mor e speci f i c, pl ease, i n your quest i on?
17 Q How much have they told you about the
18 hearing --
19 MR. ECHEVERRI A: Mr . Coughl i n, you i nt er r upt ed
20 t he j udge. She asked you a quest i on. Do you want t o be
21 speci f i c as t o a par t i cul ar conver sat i on?
22 BY MR. COUGHLI N:
23 Q Yeah. There was one bathroom break in the
24 hearing. What were you told during the bathroom break by
25 either a marshal or the city attorney?
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1 MR. ECHEVERRI A: Wi t h r espect t o any
2 par t i cul ar i ssue, Mr . Coughl i n?
3 BY MR. COUGHLI N:
4 Q No. Just anything. Anything connected to me?
5 MR. ECHEVERRI A: That ' s what I ' maski ng. I s
6 i t i nvol vi ng you, si r ?
7 MR. COUGHLI N: Yes.
8 MR. ECHEVERRI A: Al l r i ght .
9 THE WI TNESS: Mr . Coughl i n asked f or a
10 bat hr oombr eak. I or i gi nal l y sai d I woul d not gi ve t he
11 br eak. And t hen I sai d t hat I woul d, but he had t o l eave
12 al l hi s mat er i al s i n t he cour t r oom. And I sai d t hat
13 because I suspect ed t hat he was t ape- r ecor di ng t he cour t
14 pr oceedi ngs wi t hout my per mi ssi on, and wi t hout aski ng
15 per mi ssi on f i r st . Because he' s appar ent l y been known t o
16 do t hat .
17 MR. COUGHLI N: Obj ect i on, hear say. Lack of
18 f oundat i on.
19 MR. ECHEVERRI A: Over r ul ed.
20 THE WI TNESS: So I r equi r ed one of my mar shal s
21 t o accompany hi mt o t he r est r oom.
22 MR. COUGHLI N: She j ust get s t o say a bunch of
23 hear say?
24 MR. ECHEVERRI A: Mr . Coughl i n, she i s
25 r espondi ng t o your quest i on.
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1 Go ahead, J udge.
2 THE WI TNESS: When t he mar shal s came back f r om
3 t he r est r oom, t hey t ol d me t hat Mr . Coughl i n had, i n f act ,
4 been r ecor di ng t he pr oceedi ngs because he had di sassembl ed
5 a devi ce and l ef t par t s of i t i n t he bat hr oom. Or l ef t - -
6 di sassembl ed par t s of i t , and t hen t hey di scover ed par t s
7 of i t .
8 I n any case, when he was t aken i nt o cust ody
9 and hel d i n cont empt of cour t at t he j ai l , he had
10 physi cal l y t wo r ecor di ng devi ces on hi m, a cel l phone - -
11 ei t her t wo cel l phones or a cel l phone and some ot her
12 r ecor di ng devi ce. I assumed t hat was pi eces of whi ch he
13 was messi ng wi t h i n t he bat hr oom.
14 BY MR. COUGHLI N:
15 Q Which marshal told you that?
16 A I ' msor r y? I can' t hear t hat .
17 Q Which marshal --
18 MR. ECHEVERRI A: Mr . Coughl i n,