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Z1836 -1
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STATE OF WASHINGTON,
vs.
Plaintiff,
Defendant.
NO. J/
ORDER ON OMNIBUS HEARING
CHARGE:
TRIAL DATE: / 7- 7 ° / 7
OOR
THIS MATTER having come before the court for an Omnibus Hearing, the State represented by:
r
and the defendant being present and represented by:
f-
1. Regarding PROSECUTOR' S OBLIGATIONS, THE DEPUTY PROSECUTING ATTORNEY STATES that at
1ea - -- a_ nflrte- tl} iso` e _ =- _ - ==
The Prosecutor provided to defendant a complete list of the defendant' s criminal convictions.
1\1"The Prosecutor has provided to defense all discovery in their possession or control, pursuant to CR 4. 7( a); ti
f The Prosecutor has contacted law enforcement agencies to request and/ or obtain any additional
supplemental police reports, forensic tests, and evidence and has made them available to defendant or
defense counsel. The State is aware of the following reports, tests or evidence which has not been made
available to the defendant:
Prosecutor has reviewed the discovery and criminal history and made an offer to the defense.
If prosecutor has not checked every box in this section, the court makes the following order:
2. Regarding DEFENSE ATTORNEY' S OBLIGATIONS, DEFENSE COUNSEL STATES that at least two days
prior to this order:
x] Defense attorney has met with the defendant about this case.
ORDER ON OMNIBUS HEARING - 1 ( Rev. 3/ 08)
t] Defense attorney has received a plea offer from the State.
Defense attorney has reviewed the discovery and the criminal history.
Defense attomey has given discovery to prosecutor
If defense attorney has not checked every box in this section, the court makes the following order: f
21? ff44.,<4' ' a ',`/ Vic° e% , e/ r'S' . f i/ i ; 3, - 5 . r .y' f'"
3. Regarding DISCOVERY: The parties agree that Discovery is COMPLETE/ NOT COMPLETE IN THE
FOLLOWING RESPECTS: 1
DISCOVERY must be completed by:
4. Regarding. GENERAL NATURE OF DEFENSE:
The Defense states that the general nature of the defense is:
fit] General Denial [ ] Consent
Alibi [ ] Diminished Capacity
Insanity [ ] Self- defense
Other (specify)
5. Regarding CUSTODIAL STATEMENTS by defendant, the parties agree that:
No custodial statements will be offered in the State' s case in chief, or in rebuttal.
The statements of defendant will be offered in the State' s case in rebuttal only.
The statements referred to in the State' s discovery will be offered and:
May be admitted into evidence without a pre -trial hearing, by stipulation of the parties.
A 3 5 conference isJequired,,and is estimated to require ( mm/ hr and is set for
6. Regarding PRIOR CRIMINAL CONVICTIONS OF THE DEFENDANT, the part ies agree that if defendant
testifies at trial:
If the defendant testifies at trial, the prior record of convictions contained in the State' s discoverywill [ ] will not be ( stipulated to) by the defendant with the following exceptions:
There are no prior known convictions at this time. State will advise defendant promptly if it learns ofprior convictions.
7. Regarding SUPPRESSION OF PHYSICAL EVIDENCE OR IDENTIFICATION, the parties agree that:
No motion to suppress physical evidence or identification will be filed.
Or, THE COURT ORDERS THAT: fl
V] Defendant' s written motion to suppress shall be filed by . /`, . The State' sr`
response shall be filed by / : "' -' ?; : "` ~. Testimony will /will not be required.
State' s written motion to suppress shall be filed by . The Defendant' s
ORDER ON OMNIBUS HEARING - 2 ( Rev. 3/ 08)
Zi 836 -3
response shall be filed by Testimony will /will not be required.
8. Regarding OTHER PRE -TRIAL MOTIONS: No additional motions are anticipated, except:
AO / /'' z..-
Briefing schedule: Affidavits and briefs of the moving party must be served and filed by:
Responsive Brief must be served and filed by:
The hearing will Last about ( min/hr)
9. Regarding TRIAL
a. The trial will be [ bury [ ] nonjury, and will last about
b. Is an interpreter needed: ' [., No [ ] Yes. Language:
needed, State will call interpreter services at ext. 6091
10. Regarding WITNESSES:
There will be out -of -state witnesses [ ] yes Vino.
A child competency or child hearsay hearing is needed [ ] yes
State:
1 All witnesses have been disclosed.
f[`>;1'A Witness List has been filed. A witness list must be filed by:
Defense:
days.
If an interpreter is
All witnesses have been disclosed.
A Witness List has been filed.
X /AA witness list must be filed by:,;,: sf:'F ?, r ir ;` 01,
11. Other
Defendant needs a competency examination
Defendant is applying for drug court.
Defendant is seeking an evaluation which may necessitate a continuance.
12. The Court sets a Status Conference for ( date) for the purpose of:
13. Other orders:
Dated
r7 - f.
Defendant
De tenant' s- AttttorneyiBar
ORDER ON OMNIBUS HEARING - 3 ( Rev. 3/ 08)
Judge
Prosecuting Attorney /Bar # ,
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STATE OF WASHINGTON,
Plaintiff
vs.
Defendant
Cause No. f r' ` , t `` --
ORDER CONTINUING TRIAL
Case Age = f °6" Prior Continuances
This motion for continuance is brought by state defendant court.
o upon agreement of the parties pursuant to CrR 3. 3( f)(1) oris required in the administration of justice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in his
or her defense or
for administrative necessity. Reasons: Reasons: r ' 77 ,, rr , c w
7
i,.,44 * t
RCW 10. 46. 085 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit ofpostponement outweighs the detriment to the victim. IT1SHEREBY ORDERED THE DEFENDANT SHALL BE_ PRE SENT AND REPORT Tn
OMNIBUS HEARING
DATE TIME COURT ROOM ID NUMBER
STATUS CONFERENCE HEARING
THE CURRENT TRIAL DATE OF: z
rIf j
IS CONTINUED TO: f-,7 , s @ 8: 30 am Room
Expiration date is: Defendant' s presence not required)
day of % -: DONE IN OPEN COURT this 7:7'.5
Defendant
Attorney- for-Defendaj.tiBar #
20K/
TFT days remaining :
Judge
rz!
I am fluent in the language, and I have translated this entire document for the defendant
from English into that language. 1 certify under penalty of perjury that the foregoing is true and correct.
Pierce County, WashingtonInterpreter /Certified/Qualified Court Reporter
STATE OF WASHINGTON, ) Cause No. \ 032 i' Plaintiff )
ORDER CONTINUING TRIAL
Defendant ) - Case Age i ( ? Prior Continuances
vs.
This motion for continuance is brought by state defendant `; ocourt.
upon agreement of the parties pursuant to CrR 3. 3( f)( 1) or
is required in the administration of justice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
o for administrative necessity. r
Reasons: ) r C T.; a + C :, ia t tAjl s tr
RCW 10. 46:085 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO:
OMNIBUS HEARING
DATE TIME COURT ROOM " ID NUMBER _ -
STATUS CONFERENCE HEARING
e%6 3' b t =d' S f f ( sf-'Q+' 1 7..1 to:, k , 0d In B+` ( 2 4t
THE CURRENT TRIAL DATE OF '
t
if /'
j f \ I,
1 1 '
IS CONTINUED TO: 6 2/ #
fl :. @ 8: 30 am Room .. 1 -.
Expiration date is: i Defendant' s presence not required) TFT days remaining :
DONE IN OPEN COURT this ='- i day of , 20
Defendant
Attorney for Defendant /Bar #
Judge
Prosecuting Attorney /Bar #
I am fluent in the language, and I have translated this entire document for the defendant
from English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Interpreter /Certified /QualifiedPierce County, Washington
This motion for continuance is brought by 0 state ' 1o/ defendant o court.
Viipon agreement of the parties pursuant to CrR 3. 3( f)( 1) or
o is required in the administration of justice pursuant to CrR 3. 3( f)( 2) and the defendant will not be prejudiced in hisor her defense or
Cause No.
ORDER CONTINUING TRIAL
Prior Continuances Lc
o for administrative necessity. Reasons: 1-;\
S oce anire VC\ ve5.4-1(. 2.t.;;A:-C. otyP k
o RCW 10. 46085 ( child victim/sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim. IT IS HEREBY ORDERED THE DEFENDANT SHALL •
OMNIBUS HEARINGDATE
1 ' 4 1 2TIME-- - - — —
i 3c Orr) COURT ROOM
2-ter--) ID NUMBER
o STATUS CONFERENCE HEARING .
11 ,- N,
2-'-'
i i?- i 2...- 1)/-- y " 2710
THE CURRENT TRIAL DATE OF: ' I k 1 17 1 ‘ s.--' i i., , IS CONTINUED TO: /:)--/ to 1 tri @ 8: 30 am Room ,-- t
r:; !
Expiration date is:sit'. 1 1 ( Defendant' s presence not required)
DONE IN OPEN COURT this ,( 2 day of V;,-(!...C., , 20 CI\
Judge --
Prosecuting Attorney/Bar # e,
Defendant/).--
41.117, XL /'
yfobefendant/Bar # / 17a?
TFT days remaining :
I am fluent in the language, and I have translated this entire document for the defendantfrom English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Pierce County, WashingtonInterpreter/Certified/ Qualified Court Reporter
OMNIBUS HEARING Tuesday, Feb 14, 2012 1: 30 PM 260
JURY TRIAL Tuesday, Mar 6, 2012 8: 30 AM 260
2. The defendant shall be present at these hearings and report to the courtroom indicated at
930 Tacoma Avenue South, County -City Building, Tacoma, Washington, 98402
FAULUREI-O'APPEAR`'W1U E- SULT'1NA WARRA IT BEING FSS= JE'D- FOR =YO IR AR-REST` W -
3. ! Xi DAC; Defendant will be represented by Department of Assigned Counsel.
n Retained Attorney; Defendant will hire their own attorney or, if indigent, be Screened ( interviewed) forDepartment of Assigned Counsel Appointment.
DATED: 01/ 09/ 12
Copy Received:
SEE ORIGINAL
Ordered By:
SEE ORIGINAL
RONALD HOLTZ KEAL, Defendant JUDGE /COMMISSIONER
SEE ORIGINAL
ROBERT J. DEPAN
Attorney for Defendant/ Bar # 17902
11 - 1- 03845 -1
SupCriminalSchedulingOrder .jrxml
SEE ORIGINAL
JENNIFER L SIEVERS
Prosecuting Attorney /Bar #35536
DEFENDANT COPY Page 1 of 1
8. There will be out -of -state witnesses: [ ] yes ]' no
9. There may be witness scheduling problems: State: [ ] yes [ X no
Defense: [ ] yes 1\ 1 no
Why:
10. [ ] A child competency hearing is needed and [ ] set for will be set.
f ii "ilr r11. Discovery.. State: [* C,] Complete [ ] Incomplete. Defense: [ ] Complete [ X] Incomplete t 4
to be provided to on or before
to be provided to n or before
12. The following motions will be made before the day of trial (motions of more than one hourARE NOT to be heard on the day of trial without permission of CDPJ).
13. Defendant needs a competency evaluation: [ ] yes [ , x] no
14. A juror questionnaire will be requested at the time of trial: [ ] yes [ N]: noComments:
15. An interpreter is required: [ ] yes '[ no. Language:
IF YES, THE ASSIGNED DPA IS RESPONSIBLE FOR NOTIFYING THE COURT' S
INTERPRETER COORDINATOR AT x 6091.
Dated:
Defendant
e2-
Wit'
DefendantsAttorney /Bar #
Judge v
Prosecuting Attorney /Bar #
NEITHER THE DEPUTY PROSECUTING ATTORNEY, DEFENSE COUNSEL, NOR
THE DEFENDANT IS RELEASED FROM ATTENDANCE UNTIL THE COURT
APPROVES THIS ORDER.
Z -167 -2 ( 4/ 04)
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STATE OF WASHINGTON, ) Cause No.
Plaintiff )
vs. )
crka( CX kL)t )
Defendant ) Case Age (, 2 ' Prior Continuances -
ORDER CONTINUING TRIAL
This motion for continuance is brought by state ) i defendant court.
upon agreement of the parties pursuant to CrR 3. 3( f)(1) or
ore-is required in the administration of justice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
for administrative necessity. Reasons: r" I ; . V' i,t i . i <, ., ;; f
RCW 10. 46. 085 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
OMNIBUS HEARING
DATE TIME COURT ROOM ID NUMBER
STATUS CONFERENCE HEARING
o
THE CURRENT TRIAL DATE OF: "' r,, rl f YIS CONTINUED TO: `. 1 iy; "(' @ 8: 30 am Room y- __:._
Expiration date is: ,' t ( Defendant' s presence not required) TFT days remaining :
DONE IN OPEN COURT this L day -of_F ' Ck, 20
Defendant.;;:...
Attorney for Defendant /Bar #
Judge,,
Prosecuting Attorney /Bar # jer,
I am fluent in the language, and I have translated this entire document for the defendant
from English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Pierce County, WashingtonInterpreter /Certified /Qualified Court Reporter
This motion for continuance is brought by state Vdefendant court.
upon agreement of the parties pursuant to CrR 3. 3( f)(1) or
is required in the administration ofjustice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
for administrative necessity. Reasons: r 11.. 1- iC ( LS 1`: t iy 1 Vvl bl I..
L$ Jy tl '; " br4 ii
RCW 10. 46.085 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the' benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO:
OMNIBUS HEARING
DATE TIME COTJRT RO OM ID NTJMB E RR_. -.
STATUS CONFERENCE HEARING
THE CURRENT TRIAL DATE OF: ....,2,,6.:-0/ r IS CONTINUED TO: v` {%
IC1 1'-- ,, @ 8: 30 am Room O
p A A - ( Defendant' s presence not required) Expiration date is: -- f
i
DONE IN OPEN COURT this 2
Defendant -
r_.__
Attorney forNDefendant /Bar
day of - A2--r 0 E 4-
TFT days remaining :
Judge
Prosecufing)Attorney /Bar #
I am fluent in the
from English into that language. I certify
Interpreter /Certified/ Qualified
language, and 1 have translated this entire document for the defendant
under penalty of perjury that the foregoing is true and correct.
This motion for continuance is brought by estate - o' defendant court.
upon agreement of the parties pursuant to CrR 3. 3( f)(1) or
is required in the administration of justice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
for administrative necessity. Reasons:
RCW 10. 46. 085 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO:
MINIBUS HEARING
DATE - - TIME COURT ROOM i ID NUMBER
a- STATUS CONFERENCE HEARING 7.;;24"11l , YID r: ; ,,2J
THE CURRENT TRIAL DATE OF .b IS CONTINUED TO: F #t 3 @ 8: 30 am Room ' j ; p t
Expiration date is:
l i
Defendant' s presence not required) , TFT days remaining : : a.
DONE,IN,OPEN COURT this
Defendant
r'
Attorney for Defendant/ Bar #
day of; .; ) 7;'
Judge'
Prosecuting Attorney /Bar #, r
I am fluent in the language, and I have translated this entire document for the defendant
from English into that language. I certify under penalty of perjury thatfthe foregoing is true and correct.
Interpreter /Certified /QualifiedPierce County, Washington
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONIN AND FOR THE COUNTY OF PIERCE
State of Washington,
v.
0:0_/, e.-/ rZ-
Plaintiff,
Defendant.
No. 4/ // id -S r
Status Conference
1. [ ] This case is expected to be a guilty plea on or [ ] Plea date will be set.
2. [ ] The State has made a plea offer (complete and initial). 7] The defendant has been informed. [` i] The offer has been declined.
Defendant „ Defense_ -- = mod_
x] The plea offer remains valid through
Prosecuting Attorney
3. [ ] An amended information will be filed on
4. [ ] A continuance will be requested by and is set forReason:
5. Jury trial is set for % y , 200 .
Parties are ready for trial. State: [ X] yes [ ] no. Defense:
6. Estimated trial length.- State: e / .,% . Defense:
duo
yes [ 7(] no)-7 `J ` P J
7. Witness lists have been filed and all witnesses disclosed. State: [` K] yes [ ] no If no, witness list will be filed by , 200_. Defense: [ ] yes [ -] no If no, witness list will be filed by f c 5 % , 200
y.._ f
Jl- `, C ( 1 tt. l r1 i f 1 o0:, " 1-Dyfo ( "\ '' l if r `VeLi,e koi-N c.. h "-
jervcs . re, CA r t § % Ur\ tet-4cCX ? ilE.:3
J-_
Z -167 -1 ( 4/ 04)
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STATE OF WASHINGTON, ) Cause No. / 77/ t. %s; ' - Plaintiff )
vs. )
f-; )
Defendant ) Case Age `` / :_ Prior Continuances
This motion for continuance is brought by o =state defendant court.
upon agreement of the parties pursuant to CrR 3. 3( f)(1) or
is required in the administration ofjustice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
for administrative necessity . Reasons: -
Tr fs; - _ 1 / `
y / f • ' 5 ^ / ' ' ;
l...,: , I. C7,.- x/ f r /' r: TF.7 F , t / , .-{ ( " a 44, 1, 1'41 i €'•
C f, if! % . G , - f w - f , 1 r' - n i • ... , Z. _/ )7,:: 4, r,,, c, r Cs...-. «, . ^
rte ,;77,--,-, 1
RCW 10. 46.086 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasons, / , t ,,,- for a continuance and the benefit of postponement outweighs the detriment -to the victim. /_., '
Y c.
IT IS HEREBY ORDERED THE DEFENDANT. SHALL BEPRESENT AND REPORT TO'' .,
ORDER CONTINUING TRIAL
d ; j f Cf l:
0—OMNIBUS-HEATINGq4.. , .
x,, 70 6",,,, t'r,,,al
DATEi
c-,/ --; // /4 .'.
TIME
51-2 ° ,
i's ,..-...,
COURT ROOM
C'
ID NUMBER
STATUS CONFERENCE.HEARING 9;7 . -' u 1 4 c:r: fl-' I'l l,",A` 1. 14.a. '' Z I "u i > 5, /`, 0.. 4. Win, 2 4 (ri :
tr r
THE CURRENT TRIAL`bATE OF: II, r• f /
i IS CONTINUED TO:_ f r' 8: 30 am Room 2 ' i . 1'
Expiration date is %
rl'('r i '=- ( Defendant' s presence not required).. - '':. TFT days remaining -.
i. t
DONE IN OPEN COURT this :` day -of. i20I - `' i ''
e i 1 f1 r•. ,.:
Y
Defendant _ ; Judge
Attorney for Defendant/Bar # J4 r • .'
1
1
et\ / +'r s !
L ' 1 Ld t
Prosecuting Attorney/Bar # ;` j 'c`
I am fluent in the language, and/I have translated this entire document for the defendantfrom English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Pierce County, WashingtonInterpreter /Certified/Qualified Court Reporter
STATE OF WASHINGTON, ) Cause No. ! i ; - (`; Lt - Plaintiff )
vs. ) 17f. ) ORDER CONTINUING TRIAL
L (r /t..0/J.,, )
Defendant ) Case Age cT' 1 ! 7 Prior Continuances %' 7;
This motion for continuance is brought by state defendant ,' court.
upon agreement of the parties pursuant to CrR 3. 3( f)( 1) or
is required in the administration ofjustice pursuant to CrR 3. 3( f)( 2) and the defendant will not be prejudiced in hisor her`defense or
d'.for administrative necessity. Reasons: k'i)(-)-1 Zia' i J i, i }; 1` S / ` r ;`
r ill,,,- .41/ 41f 1
4- 7-0 . [% Y11) l 77 - 1, 1 ? ` 1_1-717/ t'rJ
r /'5
RCW 10. 46: 08 ( child victim/sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO:
OMNIBUS HEARING
DATE TIME COURTROOM ID.NUIIBER
STATUS CONFERENCE HEARING0
1
THE CURRENT TRIAL DATE OF: (Q ;
l I IS CONTINUED TO: jre 1
I @ 8: 30 am Room , 6 0
Expiration date is: Defendant' s presence not required) TFT days remaining : , A
DONE IN OPEN COURT this day of , 20'
Defendant
Attorney for Defendant /Barf#` Prosecuting-Atto rney /Bar # t`;'6.7
I am fluent in the language, and I have translated this entire document for the defendant
from English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Pierce County, WashingtonInterpreter /Certified /Qualified Court Reporter
Ae- 9 4< 4.. Defendant ) Case Age d ¢ 5 Prior Continuances
This motion for continuance is brought by state defendant 0,court. upon agreement of the parties pursuant to CrR 3. 3( f)( 1) or
is required in the administration ofjustice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
for administrative necessity. Reasons: A _ i (yo 27111., 5 ` , 1tl -/; i
RCW 10. 46. 085 ( child victim/ sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO: w, T
OMNIBUS HEARING
Ii E_°` Tii'[ OSitI ITMUIMER
STATUS CONFERENCE HEARING
o
THE CURRENT TRIAL DATE OF ' @ 7 " IS CONTINUED TO: } @ 8: 30 am Room ' d 0 .49
Expiration date is: ( Defendant' s presence not required)
This motion for continuance is brought by state defendant Q court. upon agreement of the parties pursuant to CrR 3. 3( f)(1) or
is required in the administration of justice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
tofor administrative necessity. Reasons:. A:,
e.7/
fa- lr.
RCW 10. 46. 085 ( child victim/ se" offense) applies. The Court finds there are substantial and ,compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim. } ; IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO•
OMNIBUS HEARING
I .0
llATL' - . co %xi xuuA;i tll A, llA13r.x
STATUS CONFERENCE HEARINGn
THE CURRENT TRIAL DATE OF: , i
ils-' IS CONTINUED TO: ss @ 8: 30 am Room
3yq?t. f
Expiration date is: ( Defendant' s presence not required) TFT days remaining :
DONE IN OPEN COURT this day of
Defendant JudQe-l'!
Attorney for Defendant /Bar # µ-'.-" ; Prosecuting Attorney /Bar # i
I am fluent in the language, and 1 have translated this entire document for the defendant
from English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Interpreter /Certified/QualifiedPierce County, Washington
Court Reporter
F: \Word_ Excel\ \Criminal Matters\ Criminal Forms \.Revised Order Continuing Trial 11- 12- 04.DOCZ -2802
IN THE SUPERIOR COURT FOR PIERCE COUNTY WASHINGTON
Plaintiff
vs.
ALOHO
Defendant
No 11- 1- 03845- 1
SCHEDULING ORDER
IT IS HEREBYORDERED that:
1 . The foliowing court dates are set for the defendant:
Hearing Type Date & Time Courtroom
RETURN WITH ATTY Monday, Jul 2, 2012 9: 00 AM 260
JURY TRIAL Wednesday, Jul 25, 2012 9: 00 AM NELS
2. The defendant shall be present at these hearings and report to the courtroom indicated at
2. The defendant shall be present at these hearings and report to the courtroom indicated at
930 Tacoma Avenue South, County -City Building, Tacoma, Washington, 98402
FAILURE TO APPEAR WILL RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST
3. 1 DAC; Defendant -will be represented by Department of Assigned Counsel. Retained Attorney; Defendant.witl hire theirHo n ttQCgey f- indigent; h_e= ScrEened- (interviewed) for - - -. -- - --- -- -- - _- -_= Department of Assigned Counsel Appointment.
DATED: 07/ 18/ 12
Copy Received: Ordered By:
SEE ORIGINAL SEE ORIGINAL
RONALD HODGE HOLTZ, Defendant JUDGE /COMMISSIONER
SEE ORIGINAL
SEAN P. WICKENS
Attorney for Defendant/ Bar #24652
11 - 1- 03845 -1
SupCriminalSchedulingOrder. j rxml
SEE ORIGINAL
Erica L M Eggertsen
Prosecuting Attorney /Bar #40447
DEFENDANT COPY Page 1 of 1
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STATE OF WASHINGTON,
Plaintiff
vs.
Cause No. ,' f
ORDER COINT_IN; N:G TRIAL
Case Age Prior Continuances
This motion for continuance is brought by state defendant Y ourt. upon agreement of the parties pursuant to CrR 3. 3( f)(1) or
ais required in the administration ofjustice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
for administrative necessity. Reasons:
RCW 10. 46. 085 ( child victim/sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO•
OMNIBUS HEARING.
DAIh It`1 _ CURTRC)Ui11 Ill NUMB1 R
STATUS CONFERENCE HEARING 7/ 1.71, f, j; -? Yt . (; i.; r- 1)-3- by -
1Gm ' i1 ': /.
li f { j cj`AS.
Ri III .. -yam 1M leCf/ A
THE CURRENT TRIAL DATE OF: ' i 4 IS C01'TINUTD TO: 1/
@ 8 :30 am Room j
Expiration date is: F7;?;/
c ( Defendant' s presence not required) TFT days remaining : C-`
DONE IN ,r.r,-xr
COURT _ of—) i
E
AttorneyTor..Defendant %Bar #./
20 ) s
Judge
Prosecuting "Attorney /Bar # r,' y -,
I am fluent in the language, and 1 have translated this entire document for the defendant
from English into that language. I certify under penalty of perjury that the foregoing is true and correct.
Pierce County, WashingtonInterpreter /Certified /Qualified Court Reporter
STATE OF WASHINGTON, ) Cause No. 1 03- Plaintiff )
ORDER CONTINUING TRIAL
Defendant ) Case Akre ; I°'' i Prior Continuances
This motion for continuance is brought by ; o, state o- defendant n court.
upon agreement of the parties pursuant to CrR 3. 3( f)( 1) or
o is required in the administration ofjustice pursuant to CrR 3. 3( f)(2) and the defendant will not be prejudiced in hisor her defense or
vS.
o for administrative necessity. Reasons: i =; °_ , :, °rz
RCW 10. 46. 085 ( child victim/sex offense) applies. The Court finds there are substantial and compelling reasonsfor a continuance and the benefit of postponement outweighs the detriment to the victim.
IT IS HEREBY ORDERED THE DEFENDANT SHALL BE PRESENT AND REPORT TO:
OMNIBUS HEARING
rrErr L—rrSi cO zrRoG4_:..: m NUMBER-
a -- STATUS CONFERENCE HEARING , J i s, 2.'_ 3 / f.%ff
THE CURRENT TRIAL DATE OF: ` j' --, 0,7\ --., IS CONTINUED TO: i ' ':: — @ 8: 30 am Roomf ,
Expiration date is: Defendant' s presence not required)
DONE IN OPEN COURT this
Defendant= r
4,,C _
Attorney for,Defendant /Bar # `.. 7 )
day of , ,;. 1;. , 20P.
TFT days remaining :
Judges. f;.2:/
Prosecuting Attorney /Bar #:_>...
I am fluent in the language, and I have translated this entire document for the defendant
from English into that language. I certify under penalty ofperjury that the foregoing is true and correct.
Interpreter /Certified /QualifiedPierce County, Washington
Court Reporter
F: \Word_ Excel \Criminal Matters \Criminal Forms \Revised Order Continuing Trial 1 1- 12- 04. DOCZ -2802
Judge: KR I MIN,A, L DIVISION- PRESIDING Date,: 107/ 23/ 12 09: 41 BTC
17 confirmed
Est. Time:
Id: ' 2510425
T Confirmed
Est. Time:
Id: 12525564
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STA 1' E OF WASHINGTON,
Plaintiff,
vs.
Defendant.
CAUSE NO. r i -° 1 —
ORDER ESTABLISHING CONDITIONS
PENDING TRIAL PURSUANT TO CrR 3 2
G1
THE COURT HAVING found probable cause, establishes the following conditions that shall apply pending trial inthis cause number or until entry of a later order; IT IS HEREBY ORDERED
Release conditions:
Defendant is to be held in custody without bail ( no bail hold).
Defendant is to be released on personal recognizance.
Defendant is to be released upon execution of a surety bond in the amount of $ or postingofcasti`in`tha amount'of $
Conditions that take effect upon release from custody:
Defendant is released to the supervision of
Defendant is to reside /stay only at this address
Travel is restricted to Pierce, King, Thurston, and Kitsap Counties.
Defendant is not to drive a motor vehicle without a valid license and insurance.
Defendant is to keep in contact with defense attorney.
Conditions that take effect immediately: i
Defendant is to have no violations of the criminal laws of this state, any other state, any politicalsubdivision of this state or any other state, or the United States, during the period of his /her release.
ORDER ESTABLISHING RELEASE CONDITIONS
PENDING TRIAL PURSUANT TO CrR 3. 2 - 17/ 07)
Z -815 - 1
Defendant is to have no contact with the victim(s) or witness( es), to wit:
This includes any attempt to contact, directly or indirectly, by telephone and/ or letter. Pierce County jail shall monitor phone calls made by the defendant to insure compliance with this
directive.
Defendant is to have no contact with minor children ( under age 18) and is not to be on school grounds orplaygrounds, except for:
Defendant is to report to the Pierce County jail by for administrative booking procedure.
Defendant shall not possess weapons or firearms.
Defendant shall not consume or possess alcohol or non - prescription drugs, or associate with any knowndrug users or sellers.
Additional conditions of release are included in an attachment:
BTC _ [ } Protective Order [ ] Other
Other
Defendant is hereby committed to the custody of the arresting law enforcement agency to be detained bythe same until the above stated conditions of release have been met.
DATED this ((\ '.. day of c. 200 L.--
JUDGE
I agree and promise to appear before this court or any other place as this court may order upon notice delivered tome -atmy address_stated.below or-_ upon. noticeto myattorneyL;agree =to appear: for -any court °date= set.bv my- attorney__ W n_, ,..,.
and I give my attorney full authority to set such dates. I understand that my failure to appear for any type of courtappearance will be a breach of these conditions of release and a bench warrant may be issued for my arrest. I furtheragree and promise to keep my attorney or, if I am representing myself, the. Office of the Prosecuting Attorney - informed of any change of either my address or my telephone number.
I have read the above conditions of release and any other conditions of release that may be attached. I agree tofollow said conditions and understand that a violation will lead to my arrest. FAILURE TO APPEAR AFTERHAVING BEEN RELEASED ON PERSONAL RECOGNIZANCE OR BAIL IS AN INDEPENDENT CRIME,
PUNISHABLE BY 5 YEARS IMPRISONMENT OR $ 10, 000, OR BOTH (RCW 10. 19).
Address: Phone:
ORDER ESTABLISHING RELEASE CONDITIONS
PENDING TRIAL PURSUANT TO CrR 32 - 27/ 07)
DEFENDANT
DATE
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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
STATE OF WASHINGTON,
vs.
RONALD HODGE HOLTZ,
Plaintiff,
Defendant.
CAUSE NO. 11 - 1- 03845 -1
FINDINGS AND CONCLUSIONS ON
ADMISSIBILITY OF EVIDENCE CrR
3. 5 & 3. 6
THIS MATTER having come on before the Honorable J. McCarthy on the 4th day of
June, 2012, and the court having rendered an oral ruling thereon, the court herewith makes the
following Findings and' Conclusions as required by CrR 3. 6.
FINDINGS OF FACT
1. The court heard live testimony from Officer Allen Morales and Connie Elliot, a manager
at the Sunshine Motel.
2. The court finds that Officer Morlaes is an experienced and well trained law enforcement
officer. The court finds that Officer Morales' s testimony during this hearing was honest,
credible, accurate, reasonable, and without bias or prejudice.
3. The court finds that the testimony of Connie Elliot was honest, credible, accurate,
reasonable, and without bias or prejudice. 7 : a
FINDINGS AND CONCLUSIONS ON
MOTION TO SUPPRESS CrR 3. 6 - 1
ffcl36. dot
Office of the Prosecuting Attorney930 Tacoma Avenue South, Room 946
Tacoma, Washington 98402 -2171
Main Office: ( 253) 798 -7400
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4. On September 19, 2011, Connie Elliot was working as a manager at the Sunshine Motel
at 3801 Pacific Hwy. E. in the city of Fife. Ms. Elliot observed the two guests, one male
and one female, staying in room 116 at the Sunshine Motel engaged in a verbal argument.
5. Ms. Elliot identified the defendant in court as the male guest she observed arguing with
the female guest, who was identified as Clare Strain. Ms. Strain was the registered guest
of room 116, and Ms. Elliot knew her because she had stayed at the motel on several
other occasions. Ms. Elliot indicated that the defendant had stayed at the motel with Ms.
Strain in the past as well, but she did not know him by name.
6. When the two guests saw Ms. Elliot observing them, they went back into room 116 and
closed the door. Ms. Elliot went on about her duties until she heard the defendant and
Ms. Strain yelling again. When she looked over at room 116 she observed Ms. Strain
backing out of the room, and then saw the defendant physically shove her backwards into
the parking lot. Ms. Elliot' s view was unobstructed, and she identified the defendant as
the man she saw shove Ms. Strain. NO : , HD& 46 46SVCCVIAA e; 4017. Ms. Elliot called for police assistance and Officer Morales with the Fife Police
Department was dispatched. Ofc. Morales requested another officer to assist, and Milton
Police Officer Kevin Peterson went to the scene to assist.
8. The Fife Police station is very close to the Sunshine Motel, and the officers arrived very
quickly.
Once on scene, Ofc. Morales went to room 116 based on the information Ms. Elliot
provided to the dispatcher Ofc. Morales contacted Ms. Strain and two other individuals
in room 116. Ms. Strain indicated that she had been in an argument with her boyfriend,
FINDINGS AND CONCLUSIONS ON
MOTION TO SUPPRESS CrR 3. 6 - 2
ffc136. dot
Office of the Prosecuting Attorney930 Tacoma Avenue South, Room 946
Tacoma, Washington 98402- 2171
Main Office: ( 253) 798 -7400
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the defendant, and pointed to the defendant who was standing in the doorway of room
117.
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10. ffc. Morales asked. everyone -to exit the motel room„,which the did. No one was placed
into handcuffs at that point, no weapons were drawn, and no force was threatened or
used.
11. Both Ms. Strain and the defendant confirmed that they had been in a verbal argument but
said that no physical assault had occurred. After ascertaining that the other_ 2 occupants
of room 116 were not involved and indicated that they did not know anything about the
incident, they were told they could leave, ich they_ -did.
12. Ofc. Peterson stayed at room 116 with the defendant and Ms. Strain while Ofc. Morales
went to the motel office and contacted Ms. Elliot. Ms. Elliot related her observations to
Ofc. Morales, including that she had witnessed.. the_defendantshoye_Ms._EII otduring
their_argument.
13. Ms. Elliot provided Ofc. Morales with a detailed_physical descriptionyof the defendant,
which included details about his hair and clothing that clearlydifferentiatedthedefendant
from the other male occupant of room 116. Ms. Strain was identified by name and with
sufficient particularity to differentiate her from the other female occupant of the room.
14. Ofc. Morales returned to room 116 and advised the defendant he was under arrest. The
defendant was placed into handcuffs and Ofc. Morales read him his Miranda warnings
from a card. Ofc. Morales had the card with him in court, and read the rights from,the
card into the record as he had read them to the defendant.
15. At the time of the defendant' s arrest, the officers reasonable grounds for suspicion
coupled with evidence of circumstances sufficiently strong in themselves to warrant a
FINDINGS AND CONCLUSIONS ON
MOTION TO SUPPRESS CrR 3. 6 - 3
ffcl36. dot
Office of the Prosecuting Attorney930 Tacoma Avenue South, Room 946
Tacoma, Washington 98402- 2171
Main Office: ( 253) 798 -7400
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cautious and disinterested person in believing that the suspect is guilty of assault in the
forth degree, domestic violence related.
16. The court finds that alistatements made the defendant before he was advised of his
Miranda warnings were done at a time_when a. reas.onable person w.ould_not believe that
theyywerein and thus, the.. statements. are .,.admiss.ible_.because. they; were not.the
product ofcustodial interrogation
17. Based on the admission of the defendant that he was the male art cipant_in.:the,argutnent.
with Ms. Strain and Ms. Elliot' s detailed description of him as the malewhnshoved,Ms,_
Strain, Ofc. Morales could readily and accurately identify him as the individual who
should be arrested for assaulting Ms. Strain.
18. A police dispatch records check revealed that the defendant had an active no contact
order from Lakewood Municipal Court that prohibited him from having any contact with
Clare Strain.
3. 6 CONCLUSIONS OF LAW
1. At the time of the defendant' s arrest, Ofc. Morales had probable cause to arrest him for
assault in the forth degree.
2. Since Ofc. Morales had probable cause to arrest the defendant, the defendant' s motion to
dismiss and for other relief is DENIED.
FINDINGS AND CONCLUSIONS ONMOTION TO SUPPRESS CrR 3. 6 - 4ffcl36. dot
Office of the Prosecuting Attorney930 Tacoma Avenue South, Room 946
Tacoma, Washington 98402 -2171Main Office: ( 253) 798 -7400
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3. 5 CONCLUSIONS OF LAW
1. The court finds that all statementsmade by the defendant befordie,.was.,advised o his
Uiranda warningszwer_ done at.a., ime when a reasonable_ person would not believe...that_
they were incustody, and thusthe statements, are admissible, because they, were_not, „the
product ofcustodial interrogation.
DONE IN OPEN COURT this day of September, 2012.
Presented by:
Neil Horibe
Deputy Prosecuting AttorneyWSB# 36724
Approved as to content and form by: Approved as to form by:
Kent Underwood
Attorney for DefendantWSB#
FINDINGS AND CONCLUSIONS ON
MOTION TO SUPPRESS CrR 3. 6 - 5
ffcl36.dot
JUDGE
Office of the Prosecuting Attomey930 Tacoma Avenue South, Room 946
