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5 IN THE JUSTICE COURT OF THE STATE OF
6 IN AND FOR THE COUNTY OF WASHOE
7 THE HONORABLE PETER SFERRAZZA, JUSTICE OF THE PEACE
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--000--
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STATE OF NEVADA, Case No. RCR2011-063341
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Plaintiff, Dept. No.2
11 vs.
12 ZACHARY BARKER COUGHLIN,
13 Defendant.
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APPEARANCES:
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For the Plaintiff:
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20 For the Defendant:
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TRANSCRIPT OF PROCEEDINGS
TRIAL
MONDAY, JULY 16, 2012
Zach Young, Esq.
Deputy District Attorney
One South Sierra Street
Reno, Nevada 89520
Jeremy T. Bosler, Esq.
Deputy Public Defender
350 South Center Street 5th Floor
Reno, Nevada 89520
(JAVS ELECTRONICALLY RECORDED)
24 Transcribed By: Leslie R.
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RENO, NEVADA, MONDAY, JULY 16, 2012, 9:19 A.M.
-000-
THE COURT: All right. Please be seated. This is
7 State versus Zachary Coughlin.
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Are you Mr. Coughlin?
And I do have Mr. Young for the State and Mr. Bosler
10 for the defense.
11 And I have two cases, one charging the defendant with
12 false statement to a police officer, and the other is
13 possession of stolen property and petty larceny.
14 One is a -- that one is a Department 2 case, and the
15 false statement to obstruct a public officer is a Department 5
16 case. And it's my understanding there's going to be a motion
17 for continuance?
18 MR. BOSLER: Yes, Your Honor, I'm Jeremy Bosler on
19 behalf of Mr. Coughlin, who's present and in custody.
20 The unlawful use of emergency number I believe is set
21 for a status conference today. There is actually a trial set
22 on the petty theft possession of stolen property case.
23 This matter has been in the PD's office I would say
24 almost over a year, but unfortunately, at this point we've had
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1 to remove the last counsel for Mr. Coughlin, we'll be assigning
2 a new public defender to this case.
3 A new public defender would not be able to appear
4 today and go forward, there's several motions pending, it's
5 actually a pretty thick file.
6 I would ask the Court to respectfully give us until
7 Friday to have a new attorney assigned, and prepared to go.
8 I realize the State had three witnesses subpoenaed,
9 we had two subpoenaed for today's date, but we just haven't had
10 time to get a new attorney prepped and ready to move the trial
11 forward.
12 We'd move to continue the trial, the misdemeanor
13 case, and defer to the Court, the other is set for the other
14 matter, I believe around 9:00. There may be some global
15 negotiations available to this case, but it may be better to
16 continue all the matters
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THE COURT:
MR. BOSLER:
Is today the trial date? Or --
I believe today was the trial date set
19 on the misdemeanor, petty theft stolen property case.
20 And that, we would submit, we need to get an attorney
21 prepped and to the file, and meet with Mr. Coughlin, we could
22 actually do the trial work.
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THE COURT:
MR. YOUNG:
Mr. Young?
Your Honor, I don't know the details of
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1 what occurred, I obviously wasn't privy to that. But based on
2 Mr. Bosler's representations, I have no reason to disbelieve
3 the bases for getting a new attorney.
4 So under those circumstances I'm not going to oppose
5 a continuance.
6 I do want to put on the record though, this is the
7 second, and you continue to -- not continued, but you were
8 present with the last time, this is the second instance where
9 we've had a scheduled trial, all negotiations have failed,
10 witnesses have been served, and subpoenaed, and showed up, and
11 then something not just that counsel has done, but something
12 that Mr. Coughlin has done, has forced the trial be vacated and
13 continued.
14 So the State's patience is wearing pretty thin. I
15 would ask that we just set the matter for trial at this point.
16 Pursuant to the new U.S. Supreme Court cases, we need
17 to put on the record there have been multiple plea negotiations
18 and offers extended both ways from the State, as well as from
19 the defense to the State.
Every single offer either way has
20 been rejected, and it's my understanding they've all been
21 communicated, both to Mr. Coughlin and to myself rejected.
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So negotiations of bail, we'll set this matter for
23 trial, and hopefully we can conclude it that day.
24 MR. BOSLER:
Just for the record, we've extended the
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1 negotiations, the offers to Mr. Coughlin, they have been
2 rejected, and we believe this case will be going to trial.
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And I advised -- Mr. Coughlin did want to address the
4 Court, but it would be against my advice.
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THE DEFENDANT:
If I may, Your Honor?
THE COURT:
Well, Mr. Bosler's saying it's against
7 his advice.
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THE DEFENDANT:
I would like to, regardless of that,
9 if -- if I may, Your Honor?
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THE COURT: All right.
THE DEFENDANT:
Urn, Your Honor, I have not been told
12 why Mr. Goodnight is not available today.
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Mr. Young has made representations that it would --
14 in his opinion, it's my fault that there is a continuance being
15 sought here today. That would lead me to believe Mr. Bosler
16 has made some communications to Mr. Young, or somebody else in
17 that regard, otherwise I'd imagine Mr. Young is just saying
18 that without a basis, and not fact attributing the for need for
19 continuance to myself.
20 I'd like to move for a dismissal based on violation
21 of Sixth Amendment right to a speedy trial in this regard, and
22 further --
23 THE COURT: Well, you'll have to do that through your
24 attorney, sir.
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1 THE DEFENDANT: Okay. If I may just quickly point
2 out to Your Honor that there has not been an arraignment on the
3 second charge, and I believe the State should not be allowed to
4 pursue that, in that
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THE COURT:
MR. BOSLER:
MR. YOUNG:
MR. BOSLER:
Which charge are you talking about?
The possession of
The amended complaint, Your Honor.
Yeah. There's an amended complaint
9 still pending in the misdemeanor stolen property petty theft
10 case.
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THE DEFENDANT: And lastly, Your Honor, if I may?
I'd just like to move -- or preserve for the record
13 ineffective assistance of counsel.
14 THE COURT: Sir, you will have the opportunity to
15 discuss all these motions with your counsel, if counsel
16 refuses, without good cause, to file a motion, or something,
17 then you can always discharge your counsel.
18 But at this point in time you are represented and the
19 Court is not prepared to -- to allow you to go forward
20 unrepresented.
21 THE DEFENDANT: Just in that regard, Your Honor, I
22 believe it may be law of the case in this regard, in that at an
23 earlier hearing you had ruled that you would allow me to appear
24 as co-counsel, and I have sought to do so.
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1 THE COURT: And I can follow that, but I will look at
2 the --
3 MR. BOSLER: Your Honor, I believe there are some ABA
4 considerations that I think considerations about having a
5 client as co-counsel. We would -- we're just not required to
6 appoint him as co-counsel. But I believe that may have been
7 propped for some earlier date. Again, that's the reason we
8 need to have a new attorney assigned and represent him.
9 MR. YOUNG: Your Honor, in fact on the February 27th
10 I filed an opposition to a motion to continue filed by the
11 defense, as well as an opposition to a motion to appoint
12 co-counsel.
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So technically that's an issue that also needs to be
14 resolved before Your Honor, but the State is opposing any sort
15 of co-counsel.
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THE COURT: Well, wait. I'm sorry.
This is in this case on what date?
MR. YOUNG: I file stamped February 27th, 2:55 p.m.,
19 it's titled "Opposition to Motion to Continue Trial Date and
20 Motion to Appoint Co-counsel."
21 The motion to appoint co-counsel was a less
22 something filed was a more or less something filed by
23 Mr. Goodnight, and in conjunction with a fugitive document that
24 Mr. Coughlin had listened filed. So --
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1 THE COURT:
But do you have any knowledge that that
2 was gran ted?
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MR. YOUNG:
To my knowledge it hadn't been granted.
4 But this is a case, if you recall, that Mr. Coughlin asked to
5 transfer the case pursuant to statute to the mental health
6 court, the State opposed that, and this Court granted that
7 application.
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And so basically all the pending motions, there's a
9 motion to suppress, a motion for co-counsel, we do need to
10 arraign Mr. Coughl in.
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Basically all that was stayed pending his mental
12 health court treatment.
That obviously didn't work out, and
13 we're back.
14 THE COURT:
Well then, we can't very well set this
15 for trial if he hasn't even been arraigned.
16 MR. YOUNG: That's why I'm suggesting let's arraign
17 him on the amended complaint, it's been on file for six months,
18 and set a trial date.
19 But the one thing I did want to address very briefly
20 as far as Mr. Coughlin's representation of sharing information,
21 the only thing Mr. Bosler's shared with me is that he needed to
22 take Mr. Goodnight off the case.
23 I know in speaking with Mr. Goodnight, him prepping
24 up the case, and providing me with discovery that he'd been
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1 providing, it's my understanding that Mr. Goodnight was ready
2 to go, so I don't know why he was being taken off the case, I
3 can only assume that it's not too far a stretch that it's --
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THE COURT:
MR. YOUNG:
I don't want you to assume
Well, I'm not assuming.
I guess my point is this, is that Mr. Coughlin is
7 saying that there is communication between me and Mr. Bosler,
8 what Mr. Bosler told the Court, the same thing he told me, he
9 needed to take him off the case.
10 So I just want to be clear on the record because of
11 what the history of this case is, there's been nothing improper
12 on here to convince Mr. Bosler, he's simply -- it's pretty
13 clear that it's Mr. Coughlin.
14 THE COURT: I'm not going to arraign him today,
15 because I am going to allow the defense to make any appropriate
16 motion. And if if the Court determines that the case should
17 be -- or any count should be dismissed, then there would be no
18 need to arraign him on it.
19 So what I will do, I will grant the -- the motion to
20 continue both these cases for a trial date -- well, actually
21 for an arraignment date, and then we can set a trial after
22 that. Because any motion that the defense wants to make can
23 dispose of Mr. Young's motions, as well. So - -
24 MR. YOUNG: Your Honor, I would respectfully request
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1 that we have the trial date the same day, the same witnesses,
2 they've already been here, this is at least twice, or maybe
3 third time they're here, it's a complete waste of their time to
4 keep coming back to court. And so what I would suggest is we
5 set everything for the same date. If you're not comfortable
6 arraigning him today, I -- I think he can be arraigned --
7 Mr. Bosler
8 THE COURT: I want a date for the motions to be
9 decided.
10 MR. YOUNG: Well, and that's what I'm saying, I will
11 suggest we set that on the same day of the trial.
12 THE COURT: Well, then you have witnesses here
13 unnecessarily if the court dismisses the case.
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16 motions.
So -- okay.
We'll set a trial date, and a date for deciding the
17 And we'll set the trial date out far enough that we
18 can decide all the pretrial motions.
19 Do we have a -- well, we have two different judges
20 too, so are we consolidating the cases?
21 MR. BOSLER: At this point we're only talking about
22 11-063341. The other matter, I think we can reset the
23 calendar -- it's set for a status conference today.
24 THE COURT: All right.
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Is that your understanding as -- well, you said
2 something about a global
3 MR. BOSLER: Your Honor, there's that
4 potential citing -- I didn't know whether the Court was going
5 to entertain both cases today.
6 THE COURT: Okay. Well, then on the Department 2
7 case, we will set that matter for trial.
8 it be at least a month out, because
And I would suggest
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10 9: 00.
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THE CLERK:
THE COURT:
MR. BOSLER:
The soonest I have is August 29th at
Does August 29th work for all parties?
Your Honor, I believe both parties
13 should have witnesses available.
We ask that they be held to
14 f or the i r subpoenas f or the Augus t 29th da te .
15 THE COURT:
16 identified?
17 MR. BOSLER:
18 THE COURT:
19 MR. BOSLER:
20 THE COURT:
21 MR. YOUNG:
22 Officer Duralde.
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THE COURT:
MR. YOUNG:
I don't know who -- can the witnesses be
We have Robert Dawson and Nathan Zarate.
Who? Robert - -
Robert Dawson and Nathan Zarate.
Okay. And the State?
In addition to that, Your Honor, we have
The officers here?
I'm sorry?
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1 THE COURT: The officers
2 MR. YOUNG: The gentlemen standing up.
3 THE COURT: Okay.
4 MR. YOUNG: In the SWAT gear.
S THE COURT: All right.
6 Then you are all held to your subpoenas, meaning you
7 will have to return on August 29 at -- what time did you say?
8 THE DEFENDANT: Your Honor, can I make one last
9 interjection, please?
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THE COURT: wait, let me finish.
THE DEFENDANT: Yes, sir.
THE COURT: August 29th at 8:30 a.m.
And you should be seated, please.
I just want to find out what his objection is, and
15 then you'll be free to go.
16 THE DEFENDANT: Your Honor, I don't believe the
17 victim has shown up today. Mr. Goble. I think he's under
18 subpoena, if he's not here, I think that speaks volumes.
19 He did -- he did batter me recently. He flipped a
20 cigarette at me from close range at high speed unprovoked.
21 So I don't know if that -- that is any part of why he
22 is not here today, but he's not, so I move for a dismissal, I
23 know -- maybe I can't make the motion, Your Honor, but --
24 THE COURT: I'm going to deny it at this point, sir.
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And any other witnesses are free to go.
MR. BOSLER: Thank you, Your Honor.
THE COURT: And we will set a date for deciding all
4 pretrial motions.
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How soon, Mr. Bosler, will you -- will you be able to
6 file any motions?
7 MR. BOSLER:
You gave us a date of August 29th if
8 that's acceptable, we can work within that date.
9 want information quicker?
Unless you
10 THE COURT:
Well, my concern is I don't want the
11 witnesses to come back here for a trial that we mayor may not
12 have based on those motions.
13 MR. BOSLER: Your Honor, I apologize.
14 THE COURT: No --
15 MR. BOSLER: If you keep -- he'll have a new attorney
16 assigned, and if you keep the August 9th trial date, I'll have
17 the new attorney assigned. If they -- any motions, I'll have a
18 new attorney assigned if they think new motions are worthwhile
19 we' 11 file those, and we'll get those set for the 29th.
20 THE COURT: And Mr. Young has motions as well that
21 need to be decided.
22 MR. BOSLER: If we can batch them all up as the 29th
23 trial date for all motions.
24 THE COURT: But I will arraign him today, then since
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1 we are facing a time crunch, and Mr. Young has a motion as
2 well, maybe we can batch them all up and still keep the 29th to
3 file motion.
4 But I will arraign him today then since we are facing
5 a time crunch, and I understand the arraignment you can reserve
6 his rights to challenge the timeliness.
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And, so, sir, would you please stand? I have an
8 amended criminal complaint, have you received a copy of it?
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THE DEFENDANT: No.
THE COURT: Okay. And
THE DEFENDANT:
I don't believe I have, Your Honor, I
12 might have previously.
13 MR. BOSLER:
Your Honor, the district attorney just
14 provided me a copy of the amended complaint.
The State charges
15 petty larceny, and possession of stolen property, both
16 misdemeanors.
17 Let the record reflect that I'm showing that to
18 Mr. Coughlin, and he's not indicating his name is incorrectly
19 spelled, and I believe --
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21 read this.
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THE DEFENDANT: Your Honor, I'm handcuffed, I can't
THE COURT: All right.
Well, I'm just going to allow you to stand moot so
24 you can preserve all of your challenges, and we will arraign
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.. ..---...,
1 you on this and set it for trial as indicated.
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4 sir.
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MR. BOSLER: Thank you, Your Honor.
THE COURT: And I'll enter a not guilty plea for you,
MR. BOSLER:
Thank you, Your Honor.
THE COURT:
That way any challenge you have, you can
7 make, and not be any (indecipherable) at this point, sir.
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THE DEFENDANT :
Thank you, Your Honor .
THE COURT: All right.
MR. YOUNG:
Thank you, Your Honor.
(proceedings Concluded, 9:35 a.m.)
--000--
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1 STATE OF NEVADA
2 COUNTY OF WASHOE
) ss.
)
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I, LESLIE R., do hereby certify that I transcribed
6 the JAVS electronically recorded audio proceedings in the
7 within entitled cause, and that I was not present on Monday,
8 July 16, 2012, at the hour of 9:19 a.m. of said day, but
9 transcribed the proceedings had and testimony given therein in
10 the Preliminary Hearing of the case of THE STATE OF NEVADA,
11 Plaintiff, vs. ZACHARY BARKER COUGHLIN, Defendant, Case No.
12 RCR2011-063341.
13
That the foregoing transcript, consisting of pages
14 numbered 1 to 16, inclusive, is a full, true and correct
15 transcript of said JAVS electronically recorded audio media, as
16 aforesaid, and is a full, true and correct statement of the
17 proceedings had and testimony given at the Preliminary Hearing
18 of the above-entitled action to the best of my knowledge, skill
19 and ability.
20 DATED: At Reno, Nevada, this 23rd day of April,
21 2013.
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~ t : ~
23 LESLIE R.
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