7 24 13 0204 63342 Stamped and Stacked Cont of Exh To Motion Amend Petition A9

Electronically Filed
Jul 24 2013 08:49 a.m.

Tracie K. Lindeman
Clerk of Supreme Court
Docket 63342 Document 2013-21715
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Zach Coughlin
NV Bar No: 9473 (temporarily suspended, see 62337, 60838)
1 471 E. 9th St.
Reno, NV 89512
Tel and Fax: 9496677402
zachCoughlin@hotn}ail
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Pro Perlr
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IN THE SECO J D C
IN AND FOR THE COUNTY OF WASHOE; STATE OF NEVADA
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DEPT

^ . A r I' O -

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Emergency Ex Parte Motion for Extension of Time to File Opening Brief and Exceed
Page Limitations
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Coughlin fles this on his own behalf Due to the fact that the transcript ordered to
be prepared by this Court's 1/9/13 Order is not yet prepared, through no fault of
Coughlin's. Coughlin requests that the deadline for the fling of his Opening Brief be
extended out 60 day from the current deadline, or 30 days from the receipt by Couglhin of
.
the transcript upon it being prepared by Sunshine Litigation Services, and where svch
preparation shall included all of the following, for which Sunshine Litigation Services
shall be compensated for so preparing, at public expense, and where the RJC will need to
provide to Coughlin directly all JA VS recordings of any hearing or trial date in RCR2011-
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1/24-
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!66334$ >hich it has yet to pro:ide directly to Coughlin, including any sealed portions o;
such matters, including the ;ollo>ing *rial dates:
)A7A$ (including the sealed portion thereo;#, 7A$6A$, "A9A$ (including the sealed
portion thereo;#, 9A)A$ (including the sealed portion thereo;#, $$A$9A$, and $$A!A$&
+urther, the entirety o; the "A7A$ 1earing >herein Coughlin :oluntarily accepted the
plea ?argain o;;ered ?y the 'tate should ?e transcri?ed and the sealed portions thereo;
pro:ided to Coughlin&
POINTS AND AUTHORITIES
Coughlin here?y respect;ully seeCs (a;ter maCing ?est e;;orts to timely o?tain a
stipulation to such ;rom opposing counsel# an e,tension o; time ;or ;iling my opening
?rie; in C($<!) and ;or %;le, access or some other digital copy o; the materials on ;ile
in C($<!) and C($3<!6$) (the (4C, much liCe the (2/ o; $A6A$ in C($<!),
;ailed to pro:ide me a copy o; the 4A$6A$ (2/ in C($3<!6$)#& *he transcripts are not
done yet& +urther, 0 am not an e;iler in the 43C, 33/ 7oung is, as such, an un;air
ad:antage has ?een a;;orded him >here he has recei:ed electronic notices regarding ;iling
in C($<!), and 0 ha:e not, especially >ith respect to the spate o; recent ;ilings ?y the
(4C, including the 'upplementals o; 4A$6A$3 and the 4A6A$3 D*ranscriptsD (0 do not
?elie:e it is appropriate to seeC to ?urden me, my ;amily, and my career >ith a 'C(
$$$(6# con:iction, a real one, i; the County or (4C cannot manage to comply >ith the
$A9A$3 2rder ;or .reparation o; *ranscripts at .u?lic %,pense and actually produce
legitimate, certi;ied ?y a CC(, transcripts, >ith actual certi;ications s>orn to therein&
*he sealed transcripts that the (4C re;uses to release are integral to a num?er o;
appeala?le issues in this matter:
2rder o; hearing during insanity motions
8hen an attorney maCes a motion ;or determination as to >hether or not a criminal
de;endant is insane, a =arsden =otion must ?e heard ?e;ore the insanity hearing, Cno>n
as a section $36" hearing& .eople :& 'tanCe>itE held that although criminal proceedings
must ?e halted during a hearing ;or competency, a =arsden =otion is not a criminal
proceeding and must ?e heard ;irst& D1earing a =arsden motion during a competency
hearing does not reinstate criminal proceedings against the de;endant&DF$!G +rom .eople :&
'tanCe>itE&DF$$G <
D(8#hile the trial court may not proceed >ith the case against the de;endant ?e;ore it
determines his competence in a section $36" hearing, it may and indeed must promptly
consider a motion ;or su?stitution o; counsel >hen the right to e;;ecti:e assistance H>ould
?e su?stantially impaired@ i; his reBuest >ere ignored&
/ court re;using a =arsden =otion prior to a $36" hearing is a Iudicial error according to
.eople :& 'olorEano,
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*he $A9A$3 2(3%( J(/N*0NJ 0N +2(=/ ./5.%(0' ?y 4udge %lliott in
C($<!), Coughlin su?mits, does include %;le, accessA;ee >ai:er, at least to that
criminal prosecution, and, as such, should e,tend to all other criminal matters >herein
Coughlin is an /ppellant or party ?e;ore 3epartment $!& Coughlin here?y seeC an 2rder
maCing that more clear to the %;le, sta;; and /ssistant ClerC o; Corut 8ise& +urther,
Coughlin reBuests some compensation at pu?lic e,pense ;or sel; representing, and or some
assignment o; co<counsel (not Bruce 6indsay#, ?ut Coughlin chooses to remain, at the
e,pense o; no such assignement o; co<counsel, his primary representati:e& *he $A9A$3
2rder, ;urther, allo>ed ;or Coughlin to utiliEe a court reporter o; his choosing, and he
con;irmed such >ith =rs& 1o>den o; 3epartment $!, and so directed 'unshine 6itigation
to undertaCe the preparation o; such transcripts, >hich it has ?een doing and remains
doing, ?ut the progress thereo; has ?een slo>ed ?y the (4C re;using to release the sealed
portions o; such transcripts, >hich is particularly pro?lematic since the sealed portions
in:ol:ing matters a?solutely essential to the appeal o; this case (ine;;ecti:e assistance o;
counsel, =ardsen =otion, competency issues, :iolations o; N(' $7"&4!) stay, 'tanCe>itE
considerations, etc&#& /dditionally, the (4C, despite an 0+. ?eing long on ;ile in the matter
in $$<!6334$, is no> re;using to release to Couglin the A4A$3 and A)A$3 hearing in $$<
!6334$, >here are o; essentail importance :is a :is appeala?le issues in ?oth C($<!)
and C($3<!6$4, ?ased upon some contention that the 0+. does not e,tend to such hearings
(there is an 0+. in ?oth the appeal and the trial court matter in $$<!6334$, and the (4C
ClerC@s ha:e taCen to typing out such re;usals to pro:ided such, lea:ing them unsigned and
unattri?uted#&
Coughlin here?y demonstrates that his motion ;or lea:e to ;ile an o:ersiEed ?rie;
demonstrate that the comple,ity o; the issues on appeal Iusti;y the reBuest& 'tate :& 8est,
$76 /riE& 43, "6 .&d $9 ($993# (o:erruled on other grounds ?y, 'tate :& (odrigueE,
$9 /riE& )", 96$ .&d $!!6 ($99"## (death penalty case#& ) +ed& (& 'er:& 3d )74 (9th
Cir& !!#& +leming :& County o; Kane, 'tate o; 0ll&, ")) +&d 496, $ +ed& (& 'er:& 3d
364 (7th Cir& $9""#&
*he issues in the instant appeal are Buite comple,, and e:en the incomplete Buasi<
transcript (uncerti;ied, etc# recently ;iled ?y the Iustice court is 6!! pages, and that ;ails to
inlcude Cey sealed protions o; the transcript a?solutely necessary to the =ardsen,
'tanCe>itE, and N(' $7"&4!) competency issues and ine;;ecti:e assistance o; counsel
analysis at issue here&
=atters at issue in those A4A$3 (a D>arrant arraignmentD ;or a >arrantless arrest
>here the docCet re:eals no acti:ely issued >arrant connected to such arrest or
araingmentD#, and the 2rder ;or Competency %:aluation and impermissi?le %, .arte
(econsideration =otion 1earing 'etting and accompanying :iolations o; the mandatory
stay under N(' $7"&4!) attendant thereto o; A)A$3 in ?oth $<!6)63! and $$<!6334$&
5pon consideration o; 3e;endant@s 3ecem?er $9, !$ /pplication to .roceed 0n
+orma .auperis, this Court ?elie:es that 3e;endant does not ha:e su;;icient income,
property or resources >ith >hich to commence and maintain the action& .ursuant to
Ne:ada 'upreme Court@s 2rder /3K* No&41, a person >ill ?e deemed indigent >ho is
una?le, >ithout su?stantial hardship to himsel; or his dependents, to o?tain competent
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Buali;ied legal counsel on his o>n& *he Court ;inds that pursuant to N(' $7$&$"",
de;endant has insu;;icient assets andAor 0ncome to proceed a?sent a grant o; ;orma
pauperis status& /ccordingly, this =otion is granted& N28, *1%(% +2(%, 0* 0'
1%(%B7 2(3%(%3 that pursuant to N(' $7$&$"" de;endant is granted lea:e to proceed
in ;orma pauperis& 0* 0' +5(*1%( 2(3%(%3 that the Court allo> de;endant to ?ring
such action >ithout costs and ;ile or issue any necessary >rit, process, pleading or paper
>ithout
charge, >ith the e,ception o; Iury ;ees& 0* 0' +5(*1%( 2(3%(%3 that the 'heri;; or
any other appropriate o;;icer >ithin the state maCe personal ser:ice o; any necessary >rit,
process, pleading or paper >ithout charge ;or de;endant& 0* 0' +0N/667 2(3%(%3 that
the preparation o; the transcript ?e pro:ided at the pu?lic@s e,pense& 3/*%3 this 6 day o;
4anuary !$3&
0@ll trade the Buasi<transcripts ;or a Buasi<con:iction, dealL 2r, >e could ;ind a
>ay to get the deal 0 accepted on "A7A$ in court that disposed o; all three prosecutions
($$<!6334$, $<!6)63!, $<!679"!#& 0 realiEe 33/ 7oung gre> annoyed >ith >hat he
interpreted to ?e a lacC o; gratitude ;or >hat >as, admittedly, a :ery reasona?le plea deal&
0 apologiEe ;or that& =y only mitigating ;actor to assert relates to some o; the ;riction
?et>een my pu?lic de;ender and mysel;, >hich >as compounded ?y some issues >ith an
(4C Baili;;, >hom has ?een going through some tri?ulations o; his o>n since 'eptem?er
!$$, including a +V *.2, ?anCruptcy, and di:orce >ith children&&&D0@ll put my ?oot up
your assD he said to me on $!A"A$ >hile 0 >as seated ne,t to 8C.3 6eslie&&&he has on
numerous occasions re;used to accept my ;ilings ;or incredi?ly du?ious reasons
(presenting si, minutes prior to ) pm, 0 do not ?elie:e, entitles a Baili;; to unilaterally alter
the terms o; the $A!A$ D/dministrati:e 2rder !$<!$&&&see >hat some might :ie> as
an encroachment upon your e,ecuti:e ;unction ?y the Iudiciary in (C(!$3<
!7$437#&&&especially on dates >here N(' $7)&)$) or $"9&!$! deadlines are ;alling&
+urther, 0 don@t ?elie:e it is appropriate ;or such Baili;; to ?e e,orting me, sarcastically, to
DtaCe your medicationD, or to sho:e his ;orearm in my midsection in the 3/' cu?icle in
some attempted to more authoritati:ely :iolate the courthouse sanctuary ruleAimmunity
a;;orded to litigants and attorney@s ;rom ser:ice >hile attending court, >here attempting to
ser:e a 'BN *.2 that is inordinately suspect, especially >hen :ie>ed in conIunction >ith
33/ 8atts<Vial@s $$A$3A$ ;a, regarding the su?poenas that the 43C 4udges and
Custodians o; (ecords ;ailed to respond to incident to 33/ 8atts<Vial@s instructions&
*his is especially true >here 'C( $$! is controlling, not N(C. 4) (and regardless,
Coughlin is and >as DauthoriEed to practiceD in the disciplinary hearing setting, and >as
and is Dan attorneyD#, and >here 'C( $$!(3#<(4# maCe clear that Iurisdiction to rule on
=otions to Muash such su?poenas resides only >ith the NN3B Chairman, not the .anel
Chair (see 33/ 8atts<Vial@s reliance upon such a :oid ;or lacC o; Iurisdiction $$A7A$
2rder ?y .anel Chair %che:erria that did not e:en mention the 43C su?poenas&
+urther, it is not entirely clear >hy 33/ 8atts<Vial >as apparently the attorney
assigned to respond to the su?poenas o; $!A3$A$ on the 43C 4udges and Custodian o;
(ecords, ?ut, apparently, not ;or the $!A3!A$ su?poenas on (4C Court /dminstrator
'te:e *uttle and Chie; Ci:il ClerC Karen 'tancil, and the (4C Custodian o; (ecords&
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.erhaps the (4C ;ailed to in;orm the e,ecuti:e ?ranch o; such mattersL 2r, perhaps, the
Iudicial ?ranch has autonomy to handle such matters as it sees ;it&
/dditionally, the e,tremely close temporal connection ?et>een Couglhin@s A$A$3
email to the 8C3/@s 2;;ice and the N(' $7$&$36 :iolating >arrantless arrest a;ter 7 pm
in Coughlin@s o>n home ?y the 3epartment o; /lternati:e 'entencing, is trou?ling&
Coughlin appealed the 3A$$A$3 2rder in (C(!$3<!7$437, and (C($$<!6334$
(+urther, the A$A$3 arrest >as not, contrary to a su?seBuent assertion, ?ased upon some
;ailure to get a mental health e:aluation done, and there >as no acti:e >arrant incident to
any such allegation at the time o; the A$A$3 arrest#&
8hether the Ddistur?ancesD in the (4C Criminal 3i:ision +iling 2;;ice o;;ered as a
?asis ;or depri:ing Coughlin, >ith no notice or opportunity to ?e heard, o; his li?erty right
to access the ;iling o;;ice >as connected to some allegations in:ol:ing the same (4C
Baili;; re;erenced a?o:e purporting to ser:e Coughlin the a 2rder or *.2, is unclear, as
the (4C ;ailed to comply >ith N(' &!3!(#@s reBuirement that any such conduct not
occurring in the Dimmediate :ie> and presence o; the courtD ?e set out in an a;;ida:it&
+urther, some glo?al resolution >ould certainly resol:e some o; the issues related
to the alternate court appointed la>yer, Bruce 6indsay@s representations to Coughlin that
all three criminal prosecutions (the pro?ation :iolation in $$<!6334$, the appeal in C($<
!), and (C($<!679"!, and (C($<!6)63!# as >ell as >hiche:er case num?er the
D/dministrati:e 2rder !$<!$D and accompanying A)A$3 2rder to 'ho> Cause therein
had ?een met >ith an agreement ?y the 8C3/@s 2;;ice to glo?ally resol:e all such in a
manner >herein Coughlin >ould ha:e no 'C( $$$(6# con:ictions in the (4C& /s it stands
no>, Coughlin >as sold a certain ?ill o; goods >hich has not materialiEed, particularly
>ith respect to the t>o 'C( $$$(6# con:ictions (o; $$A!A$ in (C($$<!6334$, no> on
appeal in C($<!), and on, apparently, o; 4A3A$3 in (C($<!6)63! (Couglhin has not
?een ser:ed any such D4udgment o; Con:ictionD listed on the docCet therein#, no> on
appeal in C($3<!6$4#&
+urther, >ith respect to the N(C. 7&!")AN(C. $$ implication in the *.2A%.2
o?tained in D8ashoe County : Zachary CoughlinD, (C.!$<!!!)99, there are a num?er
o; Iurisdictional prereBuisites that >ere not su;;icient to support such an application& 2ne,
6eslie is the one >hom signed the :eri;ication on page " o; the mandatory ;orm& 'uch is
not allo>a?le under N(' 33&7! >here 6eslie, necessarily, is one o; those the orders seeC
to protect& 0t must ?e one@s employer, >hich means (to >hate:er e,tent the 8C.3 is an
Dindependent contractor, not>ithstanding# 8ashoe County >ould ?e reBuired to ;ile such
application, >hich means the 8C3/@s 2;;ice >as reBuired to ;ile such& 0ts
understanda?le, gi:en the con;lict analysis sure to ensue, >hy 8C3/ 33/ 8atts<Vial
chose not to sign the :eri;ication or ;ile the pleading as an attorney representing a client&
1o>e:er, >here such *.2 application in )99 seeCs an order o; protection as to
(the caption listing D8ashoe CountyD, rather than the 8C.3, not>ithstanding# an entity
(>hich is not actually permissi?le under N(' 33&)!&&&# the DemployerD o; said entity is
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not as listed in the application, D8ashoe County .u?lic 3e;ender@s 2;;iceD, ?ut rather, the
8C.3@s 2;;ice@s DemployerD is D8ashoe CountyD&
/dditionally, the ;ailure o; 8C.3 6eslie to accurately ans>er the Buestions o;
.age 4 o; 6 in that $A$"A$ *.2 /pplication are trou?ling, particularly >here 6eslie and
the 8C.3 >here a?solutely a>are (made so in >riting, as >as the 8C3/@s 2;;ice# o;
(ichard J& 1ill, %sB&@s *.2 against Coughlin on $A$A$ in (C.$<!!!!$" (such
?ecoming an issue in the Dmisuse o; 9$$ ser:icesD trial in (C($<!6)63!#, and the =ilan
Kre?s *.2 against Coughlin (the (.3 certainly >as ?usy sho:ing *.2 applications
against Coughlin in a :ariety o; ;aces these past couple years# (C.!$<!!!"7 (such
;ailure ?y 6eslie to procure and pro:ide to Coughlin the 4/V' recording o; the hearing o;
"A)A$ therein ?ecoming a real point o; contention&&&>hich is all the more connected to the
8C3/@s 2;;ice, 8C'2@s, (4C, and 8C.3 gi:en the >rong;ul e:iction in (4C$<
!!$!4", and concomitant arrest on the same date as the locCout order >as ?eing
>rong;ully e;;ected, in :iolation o; 'oldal, on 6A"A$ in (C($<!679"!#&
+urther, ?oth 6eslie and the 8C3/@s 2;;icer >ere made a>are, in >riting, o; the
*.2 Couglin ;iled against an (4C Baili;; in !$, and that Couglin mo:ed ;or one in
Court against 8C.3 6eslie himsel; on 9A)A$&
+urther, 6eslie@s ans>er to the ;irst Buestion on page 6 o that $A$"A$ application is
pro?lematic, especially considering the caption in that case (C.$<)99&&&its as i; the
8C.3 and 8C3/@s 2;;ice and D8ashoe CountyD Ceep picCing and choosing >hich
entity is the DemployerD :ersus the party seeCing protection, and
*hat Buestion reads: D1a:e there ?een any other court actions or any other relationship
?et>een the employer and the /d:erse .artyLD 6eslie@s ans>er is completely misleading
and unaccepta?le >here the DemployerD (see the caption listing D8ashoe CountyD rather
than D8ashoe County .u?lic 3e;enderD# is D8ashoe CountyD, >hich has, ?een in:ol:ed in
a :erirty o; other Dcourt actionsD in:ol:ing the D/d:erse .artyD, >ell ?eyond 6eslie@s
misleading indication o;: D/ttorney<cleint see %,h& $D& 'uch a misleading ans>er is
particularly :iolati:e o; (.C 3&$, 3&3, and 3&4 >here the D(elie; (eBuestD >as so
completely onerous and o:er<reaching >here these DpartiesD necessarily still had Buite a
?it o; ?usiness le;t ?et>een each other (including a multitude o; disco:ery issues and other
matters addressing the apparent contempt incident to the 43C, 8C.3@s 2;;ice, 8C'2,
(4C, and 8C3/@s 2;;ice ;ailure to comply >ith Coughlin@s Dla>;ully issuedD su?poenas
in NJ$<!!4, etc&, not to mention the ;act that 8C.3@s 6eslie idea o; turning o:er a
Dclient@s ;ileD is >oe;ully inadeBuate, etc&D
8C.3 6eslie@s D3eclarationD on page 6 o; 6 o; that $A$"A$ *.2 /pplication is ;urther
demonstrati:e o; his o>n pro;essional misconduct >here he purports to ?e Dthe employerD
o; D8ashoe CountyD or the DauthoriEed agentD, especially >here N(' 33&7! prohi?its the
person seeCing the 8orCplace 1arassment order o; protection ;rom ;iling ;or such on his
o>n ?ehal;& /dd to this the ;act that the Iurisdictional prereBuisite o; a security ?ond >as
not posted (the docCet is prima ;acie e:idence o; ;act, there >as no >ai:er thereo;, such is
statutorily (per the /2C# at a minimum N$!! (and the A"A$3 arrest ?y (.3 3etecti:e
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7tru?ide and su?seBuent negligent in incorrect o:ercharging o; a N(' !!&)9$ D'talCingD
*.2 ()99 is a di;;erent ?reed, the D8orCplace 1arassmentD :ariety, >ith a :iolation
thereo; in:ol:ing a DmisdemeanorD under N(' $93, as clearly indicated in ?old on page $
o; such $A$"A$ 2rder, maCing the ;act that 7tru?id@s >i;e, 4ody, and another 7tru?ide
>orC ;or %C2==A9$$ 3ispatch particularly trou?ling considering the ?ene;it inuring to
the 'tate@s prosecution in (C($<!6)63! (the misuse o; 9$$ case# upon Coughlin ?eing
arrested on A"A$3 (the (.3 came out to Coughlin@s home o;;ice, and trespassed into the
?acC yard >ith their guns dro>n, pointing such as Coughlin@s head ;rom ;our ;eet a>ay
prior to issuing e:en a single command or >arning# >here the trial in !6)63! >as set to
continue, and perhaps conclude on A)A$3 (>ait, that >as made more disorienting ?y the
suspicious A$A$3 3/' summary >arrantless pro?ation :iolation arrest incident to the
du?ious allegation that the (4C Baili;;@s >aiting Iust long enough, on $A3A$3 ?e;ore
DescortingD Coughlin to the 3/' checC<in, ;or 3/' to close its doors, despite such posted
hours ending at 3 pm and Coughlin presenting to security at :)4 pm (made all the more
pro?lematic ?y the ;act that the $A!A$ /dministrati:e 2rder !$<!$ ?y 4udge
';erraEEa does not apply to areas, such as the 3/' checC in cu?icle (there are a separate
department 4udge .earson ultimately concluded# not under the De,clusi:e controlD o; the
(4C#&&&especially >here 8C'2 'argent Jreg 1errera has sent >ritten correspondence to
Cmmeyer->ashoecounty&us and others (including the 2lympiC 'ecurity courthouse
detail# that ha:e order the 2lympiC 'ecurity personnel to announce to Couglin an DorderD
that he must >ait ;or an DescortD e:en >here :enturing to areas not under the De,culsi:e
controlD o; either the (=C or (4C, and as such, not >ithin the pur:ie> o; either o; the
D/dministrati:e 2rdersD entered in those courts >ith respect to Coughlin&
*hen there is >itness (.3 NicC 3uralde@s >i;e, 4essica 3uralde also ?eing an %C2==
dispatcher&&&%C2== 3ispatcher 4odi 7tru?ide@s hus?and (.3 3etecti:e 7tur?ide
ordering Coughlin@s arrest on A"A$3 on the e:en o; the A$A$3 trial date in (C(!$<
!6)63!&&&Coughlin@s ?eing taCen o;; his medication ?y Iail sta;; incident to the A$A$3 to
A)A$3 incarceration resulting ;rom the e,tremely du?ious and N(' $7$&$36 :iolating
3/' >arrantless pro?ation :iolation arrest a;ter 7 pm o; A$A$3 (around $ hours a;ter
Coughlin@s email to the 8C3/@s 2;;ice#, and again ?et>een A"A$3 and A9A$3&&&then
Coughlin ?eing sentenced summarily to ) days incarceration on A$3A$3 ?y ;ormer
8C3/@s 2;;ice prosecutor no> (4C 4udge Cli;ton in $<!6)63! ;or ?eing thirty minutes
late to court (oddly, 6indsay ?eing t>enty minutes late to court on 3A$$A$3 did not result in
his incarceration in $$<!6334$, $3<!7$437#, >here the (4Carranged to ha:e, >ho else,
Bruce 6indsay purport to pro:ide Coughlin some representation at the summary criminal
contempt hearing on A$3A$3 ;or >hich Coughlin >as pro:ided no notice o;, no
consultation >ith 6indsay ?e;ore hand, etc& etc&&#&
+urther, the *.2 /pplication in )99 ;ails to Dincorporate ?y re;erenceD the D'ummaryD
(>hich is unsigned, and argua?ly not e:en attri?uted# in D%,hi?it $D (especially >here
+orm 4<Continuation .age is reBuired to ?e utiliEed and >here the %,hi?it 6eslie did
attach ;ails to contain any o; the reBuired language therein speci;ically asserting that such
matters attested therein are Dto ?e incorporated ?y re;erenceD into the 6 page D+orm B<3
/pplication ;or *emporary 2rder ;or .rotection /gainst harassment in the 8orCplaceD in
(4C (C.$<)99&
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6astly, it is not appropriate ;or the (4C@s Cathy 8ood to ?e transcri?ing the 4/V'
recordings, much less DsigningD them DCathy 8&D& 0ts a transcript in a court o; la>, not a
*<=o?ile representati:e notation on one@s cell phone accounts records&

8C'2 'argent 1errera sent, in an email o; 4A$)A$3 at $:3" .= a message >hich included
the ;ollo>ing:
*2: Cmmeyer->ashoecounty&us,>mullen->ashoecounty&us,
Ialgeo->ashoecounty&us, Cseely->ashoecounty&us
D=r& Coughlin needs to ?e stopped at screening at ?oth ?uildings and escorted to his
destination due to his current ?eha:ior& Court control needs to ?e noti;ied so they can
attempt to monitor his presence and maCe noti;ications& 8e >ill continue the practice o;
noti;ying the (eno 4ustice Court Baili;;@s, the (eno =unicipal Court =arshals, 3/
0n:estigators, and 3epartment o; /lternati:e 'entencing so that they &&&&D&
'argent 1errera ordered the 2lympiC 'ecurity court house security detail to carry out the
a?o:e directi:es, and so communicate such to Coughlin&
0 respect;ully reBuest that this Cour consider >hether there ha:e ?een some
unCno>n ;actors at play in some o; the less than smooth sailing seen at times, and >hether
there might ?e some opportunity to amica?ly resol:e these matters&
/dditionally, 3epartment $! should not ha:e ?een assigned this case ?y >ay o; an
incorrect assignement o; C($$<!64, gi:en that 6C(:
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(uleO&OOCase assignment&OO%ach criminal action shall ?e randomly assigned to a
department o; the court and shall remain in such department until ;inal disposition o; the
action, unless:
(a#Othe action is ?rought against a de;endant >ho is the su?Iect o; another pending or
prior action in this court, in >hich case the action shall ?e assigned to the department o;
the most recent other action9 or
(?#Oas other>ise ordered ?y the chie; Iudge consistent >ith a plan o; court>ide case
management
Comment:OO*o the e,tent possi?le, cases in:ol:ing a de;endant >ho is the su?Iect o;
another case in this district shall ?e assigned to the department o; the other case&
2ther>ise, cases shall ?e randomly assigned&
CV$$<!3$6 >as a prior acting Pin this courtQ, meaning 3epartement 4 >as Pthe most
recentQ, and gi:en not contrary order >as e:er made ?y the chie; Iudge (com?ined >ith
the con;lict inherent to 4udge %lliott sitting on C//8@s %,ecuti:e Board and presiding
o:er CV$$<!$9))&
6C( (uleO$!&OOContinuances&
(a#O*he timing o; proceedings as directed ?y the court at the initial appearance shall
not ?e enlarged e,cept upon a sho>ing o; good cause&
(?#O'tipulations or reBuests ;or the continuance o; any proceeding shall ?e in >riting,
signed ?y counsel and the de;endant, and su?mitted to the court as soon as practica?le ?ut
in no e:ent later than 4:!! p&m& on the Iudicial day immediately preceding the e:ent& *he
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court may >ai:e the signature o; the de;endant pro:ided counsel certi;ies he or she has
o?tained the consent o; the de;endant to the continuance&
Comment:OOContinuances o; any criminal proceeding are not ;a:ored, ?ut, i; reBuested,
shall ?e presented to the court under the terms o; this rule
/ =arsden motion is the only means ?y >hich a criminal de;endant can ;ire a court<
appointed attorney or communicate directly >ith a Iudge in a Cali;ornia state court&F$G 0t is
?ased on a de;endant@s claim that the attorney is pro:iding ine;;ecti:e assistance or has a
con;lict >ith the de;endant& *he name comes ;rom the case .eople :& =arsden& /
de;endant is reBuired to Cno> to maCe a challenge o; ine;;ecti:e assistance o; counsel, and
maCe one, or the claim o; ine;;ecti:e assistance o; counsel or the issue cannot ?e raised on
appeal& *here is no reBuirement to noti;y a de;endant o; such a reBuirement& / criminal
de;endant cannot simply ;ire a court<appointed attorney& *he trial Iudge has discretion
>hether or not to appoint ne> counsel on reBuest o; the de;endant& / =arsden motion is a
uniBue means ?y >hich a criminal de;endant can communicate >ith the court& 'ince a
criminal de;endant is represented ?y counsel, he or she cannot other>ise communicate
>ith the court e,cept through his or her counsel& 'ince that counsel@s competency or a?ility
to >orC >ith the de;endant is ?eing challenged, the attorney cannot at the same time
de;end against and represent the de;endant@s claims o; incompetency or con;lict& 'o the
Cali;ornia courts allo> a de;endant represented ?y court<appointed counsel to directly
communicate >ith the trial Iudge in the conte,t o; a =arsden motion, and only in such a
conte,t& / =arsden motion is a ;ormal reBuest made ?y a criminal de;endant to the court&
*he court hears arguments on the motion ;rom the de;endant and the attorney, >ithout the
presence o; the prosecutor& *he ?asis ;or maCing the motion may ?e inadeBuate or
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incompetent assistance o; counsel, legal malpractice, or ?ecause there is a con;lict ?et>een
attorney and client that su?stantially inter;eres >ith the attorney representing the client&
*he de;endant must esta?lish either that the representation has ?een inadeBuate, or that a
con;lict maCes it liCely that it >ill ?e inadeBuate&FGF3G 0n the case o; a denial o; the
motion, the standard o; re:ie> is a?use o; discretion& Contents FhideG $ %ssential
%lements $&$ Con;lict ?et>een client and attorney $& 0nadeBuacy o; representation
=arsden case 3 /ssociated cases 3&$ (ight to Counsel 3& 0ncompetent assistance o;
counsel 3&3 Con;lict >ith attorney 4 .rocedure o; hearing =arsden =otion 4&$ .resence o;
prosecutor 4& 1o> a criminal de;endant can ;ile a =arsden =otion 4&3 2rder o; hearing
during insanity motions 4&4 .resentation o; e:idence 4&4&$ 8itnesses 4&4& 3ocument
su?poenas 4&) .aper trail ) (e;erences FeditG%ssential %lements FeditGCon;lict ?et>een
client and attorney *he language o; the =arsden decision contains the su;;icient criterion
that attorney and de;endant are Dem?roiled in such an irreconcila?le con;lict that
ine;;ecti:e representation@ is liCely to result&DF4G FeditG0nadeBuacy o; representation
FeditG=arsden case 0n $96", 3e;endant =ichael 4ohn =arsden >as charged and con:icted
o; crimes in Cali;ornia& =arsden appealed the con:iction& *he only stated ?asis o; the
appeal >as that he >as denied his constitutional right to counsel ?ecause o; his counsel
>as ine;;ecti:e& /t trial, =arsden complained that his attorney >as not adeBuately
representing him ?e;ore his trial& =arsden asCed the court to appoint another attorney& *he
Iudge re;used to listen to the speci;ic e,amples =arsden tried to tell the Iudge& =arsden
>as con:icted& =arsden appealed& *he appeals court ;ound that the Iudge must consider
speci;ic e,amples o; inadeBuate representation ?e;ore deciding >hether or not to appoint a
ne> attorney ;or a criminal de;endant& =arsden reBuested that his attorney ?e remo:ed
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?e;ore his trial& =arsden told the trial Iudge that he >as recei:ing inadeBuate
representation ;rom the attorney& =arsden o;;ered to gi:e the court speci;ic e,amples& *he
court >ould not let =arsden gi:e the speci;ic e,amples& *he court denied the motion to
ha:e =arsdenRs attorney remo:ed& 0n his appeal, =arsden contended that this denial
>ithout gi:ing him an opportunity to list speci;ic e,amples o; inadeBuate representation
depri:ed him o; a ;air trial& 0n its opinion, the appellate court cited the case o; Jideon :&
8ainright as esta?lishing that criminal de;endants >ho cannot a;;ord counsel are entitled
under the constitution to ha:e the court appoint an attorney to ?e paid ;or ?y the
go:ernment&F)G 0t held that this did not gi:e a de;endant the right to hire and ;ire attorneys
?eyond this appointment, and le;t it >ith the trial court to esta?lish >hether or not there is
adeBuate assistance& 0n other >ords, the court has discretion as to >hether to remo:e an
attorney, not the de;endant& 1o>e:er, the appellate court ;ound that in =arsdenRs case, the
trial court could not ha:e properly e,ercised its discretion >ithout allo>ing =arsden to
speci;y instances o; inadeBuate representation& *he court ;ound that critical in;ormation
a?out the adeBuacy o; representation may not ?e in the court records ?ecause o; that
inadeBuacy, so a de;endant must ha:e a right to speci;y them, and they must ?e inBuired
into ?y the court& FeditG/ssociated cases =arsden =otion appeals ha:e cited associated
cases rele:ant to application o; the =arsden decision& FeditG(ight to Counsel 0n Jideon :&
8ainright, it >as determined that a criminal de;endant >ho cannot a;;ord an attorney is
entitled to ha:e a court appoint an attorney, and the go:ernment must pay ;or the attorney&
Jedeon >as one o; the ?ases ;or the =arsden decision& FeditG0ncompetent assistance o;
counsel FeditGCon;lict >ith attorney 0n 'chell :& 8iteC, 0t >as ;ound that ;orcing a
criminal de;endant to go to trial >ith an irreconcila?le con;lict >ith his or her attorney
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>ould depri:e them o; the e;;ecti:e assistance o; counsel&F6GF7G %:en >hen counsel is
;ound to ?e competent, it has ?een ;ound that a con;lict ?et>een counsel and de;endant
that cannot ?e resol:ed >ould create a situation >here the de;endant is ?eing denied the
right to counsel& 0n 3aniels V& 8ood;ord, it >as ;ound that >hen a court re;uses to appoint
ne> counsel a;ter a de;endant has completely lost trust in their attorney, that de;endant is
there?y e;;ecti:ely there?y constructi:ely denied any counsel >hatsoe:er, D%:en i; trial
counsel is competent, a serious ?reaCdo>n in communications can result in an inadeBuate
de;ense&D F"GF9G FeditG.rocedure o; hearing =arsden =otion FeditG.resence o; prosecutor
/ prosecutor may not ?e present during a court hearing on a =arsden =otion& FeditG1o> a
criminal de;endant can ;ile a =arsden =otion Because a criminal de;endant ;iling a
=arsden =otion is represented ?y counsel, he or she cannot directly communicate >ith
the court& FeditG2rder o; hearing during insanity motions 8hen an attorney maCes a
motion ;or determination as to >hether or not a criminal de;endant is insane, a =arsden
=otion must ?e heard ?e;ore the insanity hearing, Cno>n as a section $36" hearing&
.eople :& 'tanCe>itE held that although criminal proceedings must ?e halted during a
hearing ;or competency, a =arsden =otion is not a criminal proceeding and must ?e heard
;irst& D1earing a =arsden motion during a competency hearing does not reinstate criminal
proceedings against the de;endant&DF$!G +rom .eople :& 'tanCe>itE&DF$$G < D(8#hile the
trial court may not proceed >ith the case against the de;endant ?e;ore it determines his
competence in a section $36" hearing, it may and indeed must promptly consider a motion
;or su?stitution o; counsel >hen the right to e;;ecti:e assistance H>ould ?e su?stantially
impaired@ i; his reBuest >ere ignored& / court re;using a =arsden =otion prior to a $36"
hearing is a Iudicial error according to .eople :& 'olorEano, ho>e:er, a su?seBuent appeal
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court decision in People v. Govea did not consider such error to be prejudicial, and did not
reverse a conviction, fnding that "there was no prejudicial Marsden error" .[12]
[edit]Presentation of evidence A defendant may present evidence in support of his or her
Marsden Motion. [edit]Witnesses [edit]Document subpoenas [edit]Paper trail Defendants
making Marsden Motions are often advised by advocates to create a clear paper trail. This
is because the court often gives more credibility to attoreys than to criminal defendants,
and a successful Marsden Motion automatically triggers[ citation needed] a state Bar
investigtion. Aram James, a former public defender and watchdog of abuses by the public
defender, who teaches defendants and their families how to fle a Marsden Motion,
emphasises creation of a paper trail as essential to the success of the motion prior to trial,
or to basing an appeal on the denial of the motion. [edit]References / "... a Marsden
motion, which is the official way to fire an attorey. Although a judge can deny the
motion, and chances are he would, this would in effect, allow Karim to address the court
and get Loftus' alleged comment on record.", Tales From A Trial, Raj Jayadev, San Jose
Metro, 1-16-08 / People v. Barnett (1998) 17 Cal. 4th 1044, 1085 / People v. Mayfield
(1997) 14 Ca1.4th 668, 795 / People v. Marsden, supra, 2 Ca1.3d at p. 123. / Gideon v.
Wainwright (1963) 372 U.S. 335, 9 L.Ed.2d 799, 83 S.Ct. 792,93 A.L.R.2d 733/ People
of the State of California Vs. Brandon Arae Taylor, Case No. S0625.62, No. California
Superior Court #SCD1113815, Appelant's Reply Brier
'
':s secondary source on Schell v.
Witek and and Brown v. Craven, p.7 / Schell v. Witek (9th Cir. 2000) 218 F.3d 1017,
1025, quoting Brown v. Craven (9th Cir. 1970) 424 F.2d 1166, 1170. / People of the State
of California Vs. Brandon Arnae Taylor, Case No. S0625.62, No. Califoria Superior
HLNL LYPLHNLYLLL
JLMNJ. hPLL
HCDC L1y Pl1CfDCy
HLLLl LH !LLVLHY
City of Reno vs. @@@@@@@ @@@@@@@@@@@@
RMC Case No.
@@@@
Dept. No.:
@@@@@@@@
Trial Date: @@~@@@~
Defense Attorney: @@@@@@@@@@@@@@@~@~
I hereby certify that I have received documents and/or other discoverable items the City
of Reno has provided in the above-referenced case:
Signature Date
Print Name
LD66k Ln6 _Defendant _Defense Attorney _runner/staff of Defense Attorney
If an audio/visual reproduction is supplied as part of the discovery herein,
please supply this office with a new replacement.
PROSECUTOR REQUEST FOR RECIPROCAL DISCOVERY
The City of Reno hereby requests that the above-named defendant, or his/her
counsel, provide reciprocal discovery pursuant to NRS T!4.4O.
HENO ClTYATTOHNEY'S OFFlCE
JOHNJ. KADLlC
HenoCity Attorney
LHNNPL LVLN
LLLVbHY PLtMbb
City of Reno vs. Zachar Coughlin
Case No. 1122185
Trial Date: 1110/12 pm
Defense Attorney: g
Keith Loomis
Jane McKenna
Roperto Puentes
Lew Taitel
Fahrendorf. Viloria
Dept. No.: 2
Additional Discovery:
Mailed Electronically By: "' ic" h"e"' lIe '- Date: 12/6/2011
PROSECUTOR REQUEST FOR RECIPROCAL DISCOVERY
The City of Reno hereby requests that the above-named defendant, or
hislher counsel, provide reciprocal discovery pursuant to NRS T14&4O.
WashoeCountySherif|sOf. e
COUGHLIN, ZACHARY
Nickname:
DaB:
SSN:
Soaking #:
JID:
MNI:
Arrest Date:
Soaking Dati;
Sex:
Race:
Hcigh,t:
Weight:
Eye Color:
P00122279
11-13-2011
11-13-2011
MALE
WHITE
'0'
220
GReeN
V11 1u1I !VO., PHD ` VD1&
MugshotProme
Hair Color:
Hair LenQth:
BROWN
RECD_PART SALD
Facia1Features:
Glasses:
Scars MarkS & Tattoo,:
Chargcs:
Booking Last Name: COUGHLIN
Booking First Namc: ZACHARY
Soaking Middle Name; B
LbL9 _ 4</4`
NlLLLCOURT OF LÒF REJ'O
COUNTY OF WASHOE, STATE OFNEV ADA
(OF RENO,
Plaintiff,
__ cc_/<_
Defendant
CR1lIAL COMPLAIT
(GER)
/cI /.= t= /, l

|_ c_QA ~-/ hereby complain and say I0I
<~
has committed che crime of
to .. 'it:
That said defendant OD or about _ ,20_,in the City of Reno,
Srare of Nevada. @ tdl _ _ _~ (A> _ C
. f
c~ @ _n Cr II- l.
1Owh:chis in volation ofNRS 8 adopted by section
i.U1.U! of the Reno Municipal Code.
Aof which is in violation of _ D
Code.
of tbe Reno 1'lunicipal
itherefore reqllest th3t said Defendant be dealt Vmaccording to law.
1 hereby declare upon infonation and belief under penally of perury pursuam to NRS
11.1Z,that the foregoing is tue and correct to the DOIOmy knowJedge.
/-.
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feloy or cr misdmeanor) or lor w(!O_8is a misdmEanor).
WHEREFORE, O&nl requets trial a fn(:ng D made by a magistrate V3probable

xsIsO sa'd person fer peliminary hearing {if charge isB
Page of
7
LAA1
REVIEWED FOA rMLPLL LPLL (rLJ
l. . L
IL IUN FN1UMD g \P! TfME ___.....
P1M!

DEFENDANT ORDERED RELEASED, DPE
~~-~~~~~~ Gr
S
T
RA
T
S- (REVISED 3')
HENOFOLICE DEFAHTMENT
P.O. BOX l900
455 E 2N ST
No|v |Ca|
TRFSPASS
Reno MN. 89502
775-334-2175
!1-ZZ1b
RDa|e
ll/l3/20ll
ATER,CHRI8 R
uc
ORG
Administrative Information
' '; -
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PA_

11-22185
REPCRI TO FOLLOW TRE8PA55lNG
L
R889/ARTER,RIS R
ZAC!ARY
.
-
ORIG
mDaie
11/13/2011
9
RENO

_11/14/2011I12
) lTA0Ce
|1:20 'l13170453
|1-ZZ1b
<l00lT0
ORJG
HENOFOLICE DEFAHTMENT
ARRESTEE1:COUGHUN,CHA * ` ` ` ,,
DVlNC @
Nmo
INDIVIDUAL COUGHLIN,ZACHARY
v
., ~~,. ..+==. .+
, JuvP
OF HISPAIC ORIGIN l No
|
6 '04"
.... . .
RENO
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e
. m
: NEVADA
.
c

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. . .+. .... . ....
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B950l 11/13/20ll
:00
ROCK ST
PERSONEL
;CRTER JR,CR -RFD
LENFORCEMENT PERSONNEL Z;L0PEM<SGT
' - +
PERSONEL
FOREST ST

SECURITY NER
348-0888
l''
,
INDIVIDUAL -RPD SGT
... ,
Narrative .
On November 1o, ZU11 at approximately 1ZUhours | responded to 12J River Rock St, Reno, on a eoH of an
unwanted sub]eLt in Ihe home. arrived on scene with S9! Lopez and we met with the RJP, R|Chard Hill, who told
us the following:
1
|
HENOFOLICE DEFAH1MEN1
M&N
|1-ZZ1b
>
ORlG
Richard is a local attorney who is representing the home owner, Matthew Merliss. Matthew filed eviction papers on
his tenant, Zachary Coughlin, at 1Z1 River Rock ! last month and they were served at the home by leaving them
on the door. The eviction papers slated that Zachary was to vacate the property on November 1, Z11.
Matthew has been to the house several times over the past week and has observed evidence of someone coming
and going. Today he was at the house and found the basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sg! Lopez and I knocked on the basement door and announced loudly "Reno Police" and called out for Zachary to
open the door. We were met with no response. Matthew decided he would kick the door open, and did so.
| entered the dooray of the basement and found Zachary standing at the rear of the room holding a small dog.
He was hesitant to come out and eventually did so.
Zachary came upstairs and instantly stared arguing his legal standing in the house, asking me "hypothetically
speaking" type questions. He then told me |was making a false arrest due to the fact that l am on Richard Hill's
payroll and he was going to sue me.
I tried to explain to Zachary that he was served eviction papers and he asked me what | could do about it jf he
hypothetically didn't get them. He then told me that he had worked a deal with Matthew to continue paying rent
and that the legal eviction was no longer valid.
| again tried to explain to Zachary that a judge had signed an order forcing him to leave the property and all he did
was cite civil case law to me (l'm unsure if any of the cases he was rambling on about even exist) and tell me that
was making a bad arrest.
Due to Zachary not believing he has done anything wrong that the fact he believes he still has standing there is
reasonable grounds to believe Zachary will return to the house. Therefore he did not qualify for a misdemeanor
citation.
Richard completed a statement on Matthews' behalf and signed a criminal complaint.
Zachar was transported and booked into the Washoe County Jail without incIdent for Trespassing.

RBB /CRRHR R
v+(

/
1
_ __
/
_
2
_
1
1
_
2
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'
RENO POLLc DLPARTMENT
5TATEMENT
Ir [ lh0lAd
]8UCK A jLM
g1
CE NO:
TAKEN EY:
FOR POUCE USE ONLY:
i- oZ@
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'
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cI= , ;_ -_. > _ * /'9

Df5ICH1:
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fH PL M DRLY: %UTD.

DISSEMINATION RESTR!CTEDTO CIMINAlJUsCE AGENCIES ONLY. SECONDARY DISEMINATION IS PROHIStTED.

H8e2/l9
r
. . '

e
FILED
1 DocmcutCodc:
11 DEC 22 PM 12: 19
ZacbCoubIu
2
B.'N. Viri0a5t #!
Rcuo,N B/iI.
3
Tclc: ''- !!/6'l'
4 F: /|/66''|I!
SiEVE TUTTLE
RENO JUSTICE COURT
..
i BY f .'MI
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o T p

PropcrDctcudtTcuautCouutcrcaimt
!U5TlCECOURTKNOTOWN5H
WA5HOECOUNTY,NLVADA
T MKl55,M,,MATW!.
Rl55 LlVDOTRU5T
PIaiuti,
vs.
CA5ENO: rcv !I..II.'IB
DEPTNO: !
ACHRYBARR COUOHlN,
Dctcudau|
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EENACTIONLAW5ERVlCEA lT5
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WRNERYI MCAL-CRUZ,
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, ALENE5HPE, REATOR, pcrsoua|Iy
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notice of postine superedeas bond as set by
statute where is my stayl request for
submission of aU of tenant's outstandine
motions.
dubcrcapac|yascmpIoyccot
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lCK5ONKALTY,DICK5ONREALTY;
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VENEROYPUBLlCUTILlTY
ORPORATlON,NLVADACOURT
ERVlCE5,JOELDURDEN,udvduNIyd
bscapactyasaproccssscncrtor
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notice of postine supersedeas bond as set by statute where is my stay
Jcuudcrscdbcrcbydcpostcd$!iIwmtbcRcuo!usbccCourt,wbcrcupouNR5 |I |Bi
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0notice of postine supersedeas bond as set by statute where i my stay
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wa fled. I tereis ambiguit in te lease, sUar judgent is not appropriate, isse of law ad
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fact not well suited to sUary proceedings.
4 Te undersiged N |!|B!Provisions goverg appeas. Eiter pa may, witin 10 days,
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appeal fom te judgent rendered. But an appeal by te defendat shal not stay the execution of the
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. judgment, uness, witn te .!days, te defendat shal execute ad fe wit te cou or justice te
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cou or justice, but whch shal not be less tha twice the aount of te judgent ad costs, to te
efect tat, if te judgment appealed fom be aed or te appeal be dismissed, the appellant will
pay te judgment andte cost of appea, te vaue of te use ad occupation of te propert, ad
damages july accring to te plaintif dg te pendency of the appeal. Upon ting te appeal
?
ard fling te underting, al fer proceedings in the case shall be stayed.
[./.. CPA 6i/ KL i6!|;NCL /.4B]
NR54! |BiStay of executon upon appeal; dut of tenant who retains possession of premises to,
pay rent during stay. Upon an appeal fom a order entered pursuant to N5 |!.2i|:
. Except as otherwise provided in tis subsection, a stay of execution may be obtained by fling
with te tial cou a bond i the aount of $!i!to cover te expected costs on appea. In an action
concerg a lease of comercial property or ay oter property for which te montly rent exceeds '
2/6 notice of postinl supersedeas bond as set by statute where i my stay
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$1,.OO, t ou may, upn it Mmotion Mtat of a pa, and upon a showng -f good cause,
order a additiona bond to be posted to cover the expected costs on appeal. A suret upon,te bond
submits to te jurisdiction of the appellate cour and irevocably appoints te clerk of tat court as te
suret's ent upon whom papers afecting the suet's liabilit upon te bond may be sered.
Liabilit of a suret may pe enforced or te bond may be releasd
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t on motion in the appellate court
witout independent action.
' A tenat who retns possession of the premises that ae te subject of te appeal durig the
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pendency of te appeal shall pay to the ladlord rent i te aount provided in te uder1yi
g
contact between the tenant ad te ladlord as it becomes due. If te tenant fals to pay such rent, the
lord my .te new proceedings for Usuueviction by serving te tent wt
notice pursuat to NRS 40.253.
19 (Added to NRS by 1997,3510)
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NRS |I |IAppel1at court not t dismiss or quash proceedings for want of for. I all caes
of appeal under N |I''Ito |I |'I, inclusive, te appellate cour shall not dismiss 'or quash te
proceedings for want of for, provided te proceedings have been conducted substantially according
to the prvisions ofNRS |I''Ito 4I |'I,inclusive; ad aendments to te complant, answer or
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" sW ons, in maters of form only, may be alowed by te court at any te before fmal judgent
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3/6 notice of postine supersedeas bond as set by statute where is my stay
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. upon such ters as may b jut; ad all maters Qfexcuse, justifcation or avoidace of te alegation
in te complaint may b. given in evidence under te aswer.
[|/||CPA 66!,K i6!!,NCL /||/]
N5 |!|!! Rules of practice. The provisions ofNRS, Nevada Rules of Civil Procedure and .
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Nevada Rules of Appellate Procedu relaive to civil actions, appeals ad new tals, so fa as they
not inco.sistent wit te provisions ofNRS |! !!Ito |!|!!, inclusive, apply to te proceedings
13 mentioned in those sections.
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Te udersiged hereby.deposited $250 wt te Reno Justce Cour, whereupon NRS |!|Bi
requires a stay be gated, unless the RJC wats to say Cougi is a comercial tenant, in which
case, a SW a Eviction Proceeding was imperissible where only a No Cause Eviction Notice
was fled. I tere is ambiguit i the lease, sW ary judgent is not appropriate, issue of law ad
fact not wel suited to suma proceedings.
[|/|| CPA 66|, R i6!|,NCL /|i!]
A IRTION Pursuant to N 239B.030
The undersiged does hereby athat te preceding document ,does not contain
4/6 notice of postin& supersedeas bond as set by statute where i my stay

1 . . the social st number of ay person.
Z
DATED ts 2
r
ay of December, 2011,
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/s/ Z
Zach Couglin
TenantCounterclaimant AppeUant

516 notce of postnr supersedeas bond as set by statute where is my stay
,.'

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PROOF OF SERVCE
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l,ZacbCou|u,dcc|uc:
OuDcccmbcr !!, !!||,l, M. ZacbCoub|uscrvcdtbctorcounedccofpostin,
supersedeas bond as set by sttute where i my stayby dcpos|uauucdconcctcopytor
ma|uutbcUutcd 5|a|csposta|mm|to:
RcbardO.Hil, Esg
CascyD.Bacr,Esg
6i!Forcst5ucct
Kuo,N 8/iO/
AttomcystorMamcwMcr|ss
. 11
. QatcJms220 o!Ococm bcr, 2011
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notice of postinK superedeas bond as set by statute where is my stay
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was filed. IF there is ambiguity in the lease, summary judgment is not appropriate, issue of law and
fact not well suited to summary proceedings.
The undersigned NRS 40.380 Provisions governing appeals. Either party may, within 10 days,
appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the
judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice the
defendants undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the
court or justice, but which shall not be less than twice the amount of the judgment and costs, to the
effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will
pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal
and filing the undertaking, all further proceedings in the case shall be stayed.
[1911 CPA 659; RL 5601; NCL 9148]
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to
pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing
with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action
concerning a lease of commercial property or any other property for which the monthly rent exceeds
2/6 notice of posting supersedeas bond as set by statute where is my stay
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$1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause,
order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond
submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the
suretys agent upon whom papers affecting the suretys liability upon the bond may be served.
Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court
without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the
pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying
contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the
landlord may initiate new proceedings for a summary eviction by serving the tenant with a new
notice pursuant to NRS 40.253.
(Added to NRS by 1997, 3510)
NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases
of appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the
proceedings for want of form, provided the proceedings have been conducted substantially according
to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or
summons, in matters of form only, may be allowed by the court at any time before final judgment
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upon such terms as may be just; and all matters of excuse, justification or avoidance of the allegations
in the complaint may be given in evidence under the answer.
[1911 CPA 660; RL 5602; NCL 9149]
NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and
Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they
are not inconsistent with the provisions of NRS 40.220 to 40.420, inclusive, apply to the proceedings
mentioned in those sections.
The undersigned hereby deposited $250 with the Reno J ustice Court, whereupon NRS 40.385
requires a stay be granted, unless the RJ C wants to say Coughlin is a commercial tenant, in which
case, a Summary Eviction Proceeding was impermissible where only a No Cause Eviction Notice
[1911 CPA 661; RL 5603; NCL 9150]
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain
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the social security number of any person.
DATED this 21
th
day of December, 2011,
_/s/ Zach Coughlin
Zach Coughlin
Tenant/Counterclaimant/Appellant
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PROOF OF SERVICE
I, Zach Coughlin, declare:
On December 22, 2011, I, Mr. Zach Coughlin served the foregoingnotice of posting
supersedeas bond as set by statute where is my stayby depoisting a true and correct copy for
mailing in the United States postal mail to:
Richard G. Hill, Esq.
Casey D. Baker, Esq.
652 Forest Street
Reno, NV 89509
Attorneys for Matthew Merliss
Dated this 22
nd
of December, 2011
-----------------------------
Zach Coughlin
Tenant
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Document Code:
Zach Coughlin
817 N. Virgina St. #2
Reno, N 89501
Tele: 775-229-6737
Fa: 949-667-7402

Pro per DefendatTenatCounterclaimat
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JUSTICE COURT RENO TOWNSHI
WASHOE COUNTY, NEVADA
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MATT MRLISS, M, ; MATHW J.
MRLISS LIVING TRUST
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Plaintif,
vs.
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ACHRY BAER COUGHLIN;
Defendant.
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)
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)
)
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GREEN ACTION LAWN SERVICE A ITS
)
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OWNER NERY R MCAL-CRUZ;
)
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DAENE SHAPE, REALTOR personally
)
i ad in her capacity as a employee of
)
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D1CKSON RALTY; DICKSON REALTY;
)
N ENERGY PUBLIC UTIITY
1
7 CORPORATION; NEVAA COURT
SERVICES; JOEL DUEN, individually ad
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n his capacity as a process server for
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NEVADA COURT SERVICES.
Real Parties in
2 0
terestnterled Third Parties
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CASE NO: rev2011-001708
DEPT. NO: 2
Tenants Notice that No Aleement or
Settlement was made or entered into by
Tenant. and that December 21. 2011 Order
of Court was an Order
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Tenants Notice that No A&reement or Settlenent was made or entered into by Tenant. and tlat
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December 21. 2011 Order of Cour was an Order
.
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Te undersigedhereby reserves all rgts to fle motions seeking to Amend, Vacate, Appeal, Set
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Aside or othese challenge this Court's December 21,2011 Order, including, but not limited to, ay
interretation tht ''e paes having agree to alolow te Court to enter a order baed on said
evidence ... ", especially where, Tenat clealy anounced in open court he was not entering into any
114 Tenants Notice thatNo Aleement or Settlement was made or entered into by Tenant. and
that December 21. 2011 Order of Court was an Order
"
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agreeing or autozing an settlement, that he would not sig anying, tat he retained alhs rights
to appeal or oterwise move to corect, amend, etc. ay order tat would issue, that he waived none
of tis right, tat no new juisdictiona basis or rigts no existing under the law presently should be
I
., .\
created by ay such Order, etc, and tat te order should have a claim preclusion efect Wit regard to
ay fer attempts by Merliss, Baker or Hill to recover amounts addessed, by statte by a hearing
. such as tt held December 21, 2011, specifcally a to any aounts for reasonable "storage moving .
or inventoring" that exists at all, for ay period of time whether before or aer November 161, 2011
ad fher tat te undersiged was retg any claim he may have to the ret of te securit
deposit i this matter, some $700 at let and any ofsets for any tef o

daage to his property,
including consequential damages, and to that of anyone else's propert at 121 River Rock ST 89501,
Coughlin's law ofce, and that no chages for inventoring shall issue as no inventor was ever
provided, and tat the same shall be said for any moving chages, as no'iving occured, and tat
, ouglin fer retins his rgts to seek redress for te inconvenience ad expense associated with
the failure to put te hearing on calenda witin 10 daysof te Novmber 16, 2011 ad for
inconvenience ad any damages resulting fom Merliss, Baker and Hills delays i retng both
CougliyJs, his clients, ad others persona property, and any oter claims, including that for te
damag
f
,deposit which Baker and Hill did not provide a witten statement for within te time fame
require1 by law ..
I ,
AFFITION Puruant to N 239B.030
Te undersiged does hereby an that te precedig docent does not contain
the sO
F
secuit number of ay person.
DATD tis day of December, 2011 .
. 24
'
enanls Notice that No
ed into b Tenant, and
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-
-
/s/ Zae ou li
Zaeh ougi
TenantCounterclaimantl Appellant
,"
3/4 Tenants Notice that No Agreement or Settlement was made or entered into by Tenant. and
that December 21. 2011 Order of Cour was an Order
' "',.
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e
PROOF OF SERVICE
I, Zach Coughlin, declae:
On December 22,2011, I, Mr . Zach Cougin served te foregoing Tenants Notice that No
Aereement or Settlement was made or entered into by Tenant and that December 21. 2011
Order of Court was an Order by depoistng a tue ad corct copy for mailing in te United State
postl mal to:
Richad G. Hi , Esq.
Caey D. Baer, Esq.
652 Forest Stet
Reno, NV 89509
Attoreys for Matthew Merliss
Dated tis 220 of December, 2011
\
I
4/4 Tenants Notice that No Aeeement or Settlement was made or entered ipto b Tenan and
f
REPRINTED RECEIPT
MLML ULlLL LLLM OUD 0ff8 f00 M0UO, MV 0
Payor
Coughlin, Zachary
817 N Virginia ST N
Reno, NV 89501
I Description
On Behalf Of Coughlin, Zachary
REV2011-001708
Matthew Merliss vs. Zachary Coughlin
Bond Account
Cash Bond
SUBTOTAL
03/0M2012
09:08 AM
Receipt No.
ZZ
Transaction Date
12/22/2011
Amount Paid I
250.00
250.00
PXNLM LPL 1L ___Z
Cashier PSizemore
Station 266102
REPRINTED RECEIPT
Cash Tendered
Total Tendered
Change
Audit
4567694
250.00
250.00
0.00
To: 4baS9639-c27b-4b42-gedB-cf4e3de From:'zachcough11n
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Document Code:
Zach Coughlin
817 N. Virginia St. #2
Reno, 89501
Tele: 7752296737
Fax: 949667-7402
Pr<. .,per DefendantTenatlCounterclaimant
12-26-11 2:23pm p. 1 of 37
6
7
JSTICE COURT RNO TOWNSHIP
WASHOE COUNT, NEVADA
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T
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MAT MERLISS, MD, ; MAIEW J.
MERLISS LIVING TUST
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Plaintif
vs.
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1
2 ZACHARY BARKER COUGHLIN;
Defendat.
. , .. .
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..;. " ","
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)
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)
)
)
)
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::REEN ACTION LAWN SERVICE AND ITS)
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:WNER NERY R MACAlCRUZ;
)
DARLENE SHARPE, REALTOR, personally
)
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i and mher capacity as a employee of
)
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DICKSON REATY; DICKSON REALTY;
)
V ENERGY PUBLIC UTLIT
1 7
CORORATION; NEVADA COURT
SERVICES; JOEL DURDEN, individually and
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his capacity a a process serer for
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EV ADA COURT SERVICES.
.
Real Paies m
20 terestlInterpled Tird Paies
21
CASE NO: rev2011-001708
DEPT. NO: 2
,
motQn toAmcnd_Sct AsdgM f@
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SccuH@OcgmtjHcgucstforSubmssonol
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Proof of Lndlord's Conversion of Tenant's Persona Popert, 90 POF3d 341. What can the tenant
do dthe landlord will not retur his propery or dhe disputes the landlord's charges? .
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The tenant may file, along with the appropriate fees, a Motion to Contest Personal Property Lien on
a J ustice Court form. See NRS 40.253(7). The tenant may also sue for actual damages and punitive
damages up to $1,000 if the landlord holds the tenants property in an effort to ensure that the tenant
pays rent. See NRS 118A.520. Please award this penalty to the tenant here. How does the tenant
contest the lien?

The Tenant can contest the lien by filing a Notice of Opposition to Lien with the clerk of the Justice Court on a form
provided by the Court. However, the Tenants Notice of Opposition to Lien must be filed within 5 days after the person
filing the notice receives the Notice of Sale by auction. Therefore, the Tenant must wait until he receives the Notice of
Sale before filing the Notice of Opposition to Lien. See NRS 108.355.

How long must a landlord keep a tenants property after eviction?

A landlord must safely store a tenants property for 30 days after the tenants abandonment or eviction. See NRS
118A.460(1)

Can the landlord refuse to release a tenants property after eviction?

The landlord must provide reasonable access and opportunity for the tenant or his authorized representative to retrieve
personal property left behind. The landlord may charge and collect the reasonable and actual costs of inventory, moving
and storage before releasing the property to the tenant. The landlord cannot require the tenant to pay rent or the costs of
the eviction as a condition to releasing the property. See NRS 118A.460(1)(a)

What if more than 30 days have expired since the tenants eviction?

After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of
the property if:

1. He has made reasonable efforts to locate the tenant;
2. Has notified the tenant in writing of his intention to dispose of the
property; and
3. 14 days have elapsed since the notice was given to the tenant.
NRS 118A.460(1)(b)
2/22 Motion to Amend, Set Aside, Motion for New Trial/Hearing, Notice of Appeal RJC
ORDER RESOLVING MOTION TO CONTEST PERSONAL PROPERTY LIEN December
21, 2011, Motion to Show Cause, Supplement to Opposition to Hill's Motion to Show Cause;
Motion for Return of Security Deposit; Request for Submission of all Motions
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What can the tenant do if the landlord will not return his property or if he disputes the landlords charges?

The tenant may file, along with the appropriate fees, a Motion to Contest Personal Property Lien on a J ustice Court
form. See NRS 40.253(7). The tenant may also sue for actual damages and punitive damages up to $1,000 if the landlord
holds the tenants property in an effort to ensure that the tenant pays rent. See NRS 118A.520.

What is the deadline in which a Motion to Contest Personal Property Lien must be filed?

The motion must be filed within 20 calendar days after the one following events that has occurred the latest :

1. The order for eviction was issued;
2. The tenant vacated or was removed; or
3. A copy of the landlords charges relating to the storage of the property has
been requested by or provided to the tenant. See NRS 40.253(7)

When must the hearing on the Motion be scheduled?

The court must schedule a hearing within 10 judicial days after the filing of the motion. See NRS 40.253(8)

Must the Motion be served upon the landlord?

The court is required to affix the date of the hearing to the motion and order a copy served upon the landlord by the
sheriff, constable or other process server. See NRS 40.253(8)

What will the judge do at the hearing?

At the hearing, the court may determine the costs, if any, claimed by the landlord and order the tenants property released
with or without the payment of those costs.

Security Deposits

How large a security deposit may the landlord of a residential property request?

No more than 3 months of rent. NRS 118A.242(1)

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May a tenant post a surety bond instead of a security deposit?

Yes, if all parties agree. If the landlord makes claim against the bond the tenant must be given an itemized written
accounting received from the landlord. The tenant may send a written response disputing any items to the surety. The
surety cannot report a landlords claim to a credit reporting agency unless the surety first sues the tenant and obtains a
judgment.

How does a tenant prove that he paid a security deposit?

The landlord is required to deliver to the tenant, upon his request, a signed written receipt for the security deposit (as well
as for any other payments, including rent).
NRS 118A.250

What if the landlord will not give the tenant a receipt for the security deposit?

The tenant may refuse to make rent payments until the landlord provides the requested receipt. NRS 118A.250

Must the landlord return the security deposit?

Not necessarily. The landlord may deduct from the security deposit such amounts as are necessary to:

1. Remedy any default in the payment of the rent;
2. Repair damages to the premises caused by the tenant, other than normal wear and tear; and
3. Pay the reasonable costs of cleaning the premises. NRS 118A.242(2) and (5)

What is normal wear and tear?

Normal wear and tear is the kind of deterioration which occurs without negligence, carelessness or abuse of the
premises. Normal wear and tear includes deterioration of the premises that occurs during normal conditions. For example,
paint may fade, electrical switches may wear out and break, pull strings on blinds may fray or break , carpet and tile may
wear down. These things happen even if the tenant cleans regularly and cares for the premises reasonably. NRS 118A.110

When must the landlord return the security deposit to the tenant?
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Upon termination of the tenancy by either party for any reason, including eviction, the landlord must return the deposit to
the tenant, or provide an itemized written accounting showing how the deposit was used, no later than 30 days after the
termination of the tenancy. NRS 118A.242(2)

What if the landlord fails to return the security deposit within 30 days or the tenant disagrees with the way in
which the security deposit was used?

The tenant may sue the landlord and request up to twice the amount of the security deposit. A tenant who paid their
deposit by purchasing a surety bond, and/or a tenant who disagrees with the way in which the landlord used the security
deposit may send a written response to the surety. If the tenant sends this response within 30 days after receiving an
itemized written accounting from the landlord, the surety is not to report the landlords claim to a credit reporting agency
without first obtaining a judgment against the tenant. Security Deposits and Guaranties Under
Leases, 1 REAL PROP. PROB. & TR. J . 405, 405 (1966) (citing 32 AM. J UR. Landlord and Tenant
564 (1941); 52 AM. J UR. Landlord and Tenant 605 (1947); 9 A.L.R. 300 (1920)); see also
Randy G. Gerchick, No Easy Way Out: Making the Summary Eviction Process a Fairer and
More Efficient Alternative to Landlord Self-Help, 41 UCLA L. REV. 759, 775 (1994).
The undersigned hereby fles this for the above reasons, taking issue, specifically, with the following
aspects of this Court's Order of December 21, 2011. One $480 is not reasonable for a storage cost. A
10 foot by 30 foot storage shed in Washoe County goes for about $150, not $480. Two, the paucity
of time given in the order for both the inventorying and for the moving itself was wholly insufficient.
The undersigned paid the $480 under the Order, he should have reasonable opportunity to get what is
his, and not have the interference run by Hill and Baker detailed in Exhibit 1. Further, the
undersigned made abundantly clear at the hearing of 12/20/11 that he was not in agreement with the
terms resolved in the Court's 12/21/11 Order and that the undersigned was not entering a settlement
agreement, etc., etc. The recorded audio of that hearing will make that abundantly clear. Further, the
RJ C's Bailiff's Reyes and Sexton continued their bullying inappropriate behavior at the hearing (how
the written complaints against those two bailiff's by the undersigned related to their
threatening/sexual assaults did not necessiate putting a different bailiff in the court at the hearing is
not clear at all. Additionally, Richard Hill re-entered the courtroom on 12/20/11, despite the court
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telling witnesses like himself to leave....only to have Richard Hill repeat the threats made by Bailiff
Reyes to the undersigned, with Hill indicating to the undersigned and the others assembled that he
wanted to put his foot up the undersigned's ass as well. The undersigned should immediately be
granted additional time to retrieve what property of his remains at 121 River Rock 89501. Further,
the Order of 12/21/11, to the extent it remains in effect and is not overtunred, has a res judicata, law
of the case, claim or issue preclusion effect as to any of the reservations the Order of 12/21/11
mentions about: Plaintiff reserves all claims of any nature including, but not limited to, additional
storage fees from November 17, 2011 up until December 23,2011 , damages to the property allegedly
caused by the Defendant, disposal costs of any property left behind, attorney's fees and costs to the
extent legall allowed by statute or case law. Further, there is no basis under Nevada law for such an
award of fees, nor has Hill or Baker provided any citation for disposal costs, partiuclarly where there
interference resulted in the prevention of the removal of property as detailed in Exhibit 1. Tenants
were entitled to a preliminary injunction restraining landlords from enforcing the provisions of
Nevada's landlord lien laws insofar as they authorized seizure and sale of the tenants' property
without prior notice and hearing; however, under the circumstances disclosed of record, the
restoration of tenants' property would be stayed until the landlords had a reasonable opportunity to
resolve the question of what to return to which of the tenants, who had separated and were involved
in a divorce proceeding. N.R.S. 40.215 et seq., 108.510 et seq. Adams v. J oseph F. Sanson Inv. Co.,
1974, 376 F.Supp. 61. Courts
The Court Ordered:
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Having considered the evidence presented to this point and the parties having
agreed to allow the Court to enter an order based on said evidence, the Court finds
that $480.00 is fair and reasonable compensation for storage of the personal
property of the Defendant for the period of November 1, 2011 to November 16,
2011. Based upon the foregoing, the Court hereby enters the following Order: 1.
That the Defendant, Zachary Coughl in, shall pay the sum of $480.00 in certified
funds to the Plaintiff at the Law Offices of Casey Baker on or before Wednesday,
December 21,20 11 at 4:00 p.m. 2. The Plainti ff shall have the right to videotape
the premises from 9:00 a.m. to 5 :00 p.m. on Thursday, December 22, 20 11 and
said video shall include personal and real property; however, they shall not
identify any personal in formation of any clients of the Defendant's law practice.
In addition, the Plaintiff, by his attorneys or other authorized repres.entative, shall
have the right to videotape the property following the removal by the Defendant of
his personal property, which shall occur on or before 5:00 p.m. on December 23 ,
2011. The purpose of the video is to determine whether there is any damage to the
real or personal property of the Plaintiff, which shall include all fixtures and
appliances that belong to the Plaintiff. In addition, the video shall be used to verify
what property, if any, is left on the premises by the Defendant. 3. Anything and
everything left on the property after 5:00 p.m. on Friday, December 23,2011 , may
be disposed of by the Plaintiff in his sole discretion. 4. Defendant shall have
access to the property from 9:00 a.m. to 5:00 p.m. on Thursday, December
22,2011 , to videotape, ifhe desires, the real and personal property and to remove
his property from the premises. In addition, the Defendant shall have from 9:00
a.m. to 5:00 p.m. on Friday, December 23,2011 to videotape and remove his
property from the premises. Access will be provided by a representative of the
landlord, who will unlock the property at 9:00 a.m. and lock the property at 5:00
p.m. on both days. 5. The Landlord shall have no liability for any injuries suffered
by Defendant or anyone else during said removal process, except for an intentional
tort committed by the Plaintiff or his representatives against the person of the
Defendant and, likewise, the Defendant shall have no liability for any injury to the
person of the Plaintiffor his agents, except for an intentional tort by the Defendant.
Further, anyone the Defendant authorizes to be on the premises during the period
Thursday, December 22nd , from 9:00 a.m. to 5:00 p.m. and Friday, December
23rd , from 9:00 a.m. to 5:00 p.m. shall sign the Release of Li ability, attached
hereto as Exhibit A. If any third party is on the premises without signing the
waiver, they shall be trespassers and the Plaintiff or his agents can have them
removed by law enfo rcement. 6. The Defendant shall not cause any damage to the
real property or personal property of the Plaintiff located at 121 River Rock, Reno,
evada, from this date forward. The Court will retain jurisdiction over the issue of
any damages caused to the real property or personal property of the landlord
during the removal process. 7. The Defendant shall have no claim for damages
with respect to missing or damaged personal property at 121 River Rock, except
for property identified by him, in writing, by 11 :00 a.m. on Thursday, December
22,20 11 by email to Mr. Baker, with a copy to the Court. The Defendant reserves
any other claims he has that may not involve his personal property located at the
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premises to the extent legally allowed by statute or case law. 8. The Plaintiff
reserves all claims of any nature including, but not limited to, additional storage
fees from November 17, 2011 up until December 23,2011 , damages to the
property allegedly caused by the Defendant, disposal costs of any property left
behind, attorney's fees and costs to the extent legall allowed by statute or case law.
Gould v. Wise, 18 Nev. 253, 3 P. 30 (1884) 20[a] J ones v. O'Farrel, 1 Nev. 354, 1865 WL 1058
(1865) 20[b] Reno Plumbing & Heating Co. v. Bickel, 55 Nev. 367, 35 P.2d 302 (1934) 7[b],
40[b] NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and
State v. J ones, 917 P.2d 200, 209+, 185 Ariz. 471, 480+(Ariz. May 07, 1996) (NO. CR-93-0541-AP)
2 Mason v. Schumacher, 439 N.W.2d 61, 70, 231 Neb. 929, 944, 84 A.L.R.4th 163, 163 (Neb. Apr
27, 1989) (NO. 87-194) 3 Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 258, 124 Nev.
725, 748 (Nev. Sep 11, 2008) (NO. 46499) Secondary Sources (U.S.A.) 4 ADDING INJ URY TO
INJ URY: INADEQUATE PROTECTION OF TENANTS' PROPERTY DURING EVICTION AND
THE NEED FOR REFORM, 20 Loy. Consumer L. Rev. 247, 269 (2008) 5 Motion to Contest
Personal property Lien and for Return of Personal Property ((((20), 2006 WL 4385534 (State
eforms), *1 (2006) Court Documents Appellate Court Documents (U.S.A.) Appellate Briefs 6
COUNTRYWIDE HOME LOANS, INC., a New York Corporation, Appellant/ Cross-Respondent, v.
Gerald THITCHENER; Katrina Thitchener; Steven Lamb; and Kaitlyn Thitchener,
Respondents/Cross-Appellants., 2007 WL 6528433, *6528433+(Appellate Brief) (Nev. Oct 03,
2007) Respondents/ Cross-Appellants' Reply Brief (NO. 46499) 7 COUNTRYWIDE HOME
LOANS, INC., a New York Corporation, Appellant/ Cross-Respondent, v. Gerald THITCHENER;
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Katrina Thitchener; Steven Lamb; and Kaitlyn Thitchener, Respondents/Cross-Appellants., 2007 WL
6528432, *6528432+(Appellate Brief) (Nev. Sep 27, 2007) Countrywide's Reply Brief on Appeal
and Answering Brief on Cross-Appeal (NO. 46499) 8 COUNTRYWIDE HOME LOANS, INC., a
New York Corporation, Appellant/ Cross-Respondent, v. Gerald THITCHENER; Katrina Thitchener;
Steven Lamb; and Kaitlyn Thitchener, Respondents/Cross-Appellants., 2007 WL 6528431,
*6528431+(Appellate Brief) (Nev. J un 12, 2007) Respondents/ 2011 Thomson Reuters. All rights
reserved. Cross-Appellants' Answering Brief and Opening Brief (NO. 46499) 9 Calvin WINCHELL,
and individual dba, a.b.a. CGL Seafood, Inc., Appellant/ Cross Respondent, v. Renate SCHIFF,
Trustee, Schiff Properties, Respondent/ Cross Appellant., 2006 WL 6282490, *6282490+(Appellate
Brief) (Nev. Oct 31, 2006) Appellant's Opening Brief (NO. 47067) Trial Court Documents (U.S.A.)
Trial Pleadings 10 In Re: AMERICAN LIBERTY BAIL BONDS, INC. a Nevada Corporation,
Debtor. Robert B.Metz, Plaintiff, v. American Liberty Bail Bonds, Inc. J ohn K. Ellis, Defendant.,
2002 WL 32779992, *32779992+(Trial Pleading) (Bankr.D.Nev. Sep 04, 2002) Complaint
Objecting to Dischargeabil1ty of Debt under 11 U.S.C. || 523 (a)(4), (a)(6) (NO. BK-N-02-51527-
GWZ) Trial Motions, Memoranda and Affidavits 11 Robert B. METZ, Appellant, v. AMERICAN
LIBERTY BAIL BONDS, INC., J ohn K. Ellis, American Liberty Investments, Inc. Appellee., 2005
WL 3766323, *3766323 (Trial Motion, Memorandum and Affidavit) (D.Nev. Feb 11, 2005) Opening
Brief of Appellant, Robert B. Metz (NO. CV-N-04-0150-LRH, VPC) 12 Gerald THITCHENER,
individually; Katrina Thitchener, individually; Katrina Thitchener as Guardian Ad Litem for Steven
Lamb; and Katrina Thitchener as Guardian Ad Litem for Kaitlyn Thitchener, Plaintiffs, v.
COUNTRYWIDE HOME LOANS, INC., a New York corporation; Does I through V, inclusive; and
Roe corporations, I through V, inclusive, Defendants., 2005 WL 6227744, *6227744+(Trial Motion,
Memorandum and Affidavit) (Nev.Dist.Ct. Feb 22, 2005) Plaintiffs' Opposition to Defendant's
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Motion for Partial Summary J udgment Denying Punitive Damages (NO. A479597) 13 Frederic
APCAR, an individual, Plaintiff, v. James RUBBICO, an individual, Defendant; J ames Rubbico, an
individual, Counterclaimant, v. Frederic Apcar, an individual, Counterdefendant., 2004 WL 5332218,
*5332218 (Trial Motion, Memorandum and Affidavit) (Nev.Dist.Ct. Sep 28, 2004) Opposition to
Motion for Summary J udgment by J ames Rubbico (NO. A476823) Statutes and Court Rules (U.S.A.)
14 NV ST 40.253; 40.253. Unlawful detainer: Supplemental remedy of summary eviction and
exclusion of tenant for default in payment of rent 15 NV ST 118A.450; 118A
NRCP RULE 59. NEW TRIALS; AMENDMENT OF J UDGMENTS Text (a) Grounds. A new trial
may be granted to all or any of the parties and on all or part of the issues for any of the following
causes or grounds materially affecting the substantial rights of an aggrieved party: (1) Irregularity in
the proceedings of the court, jury, master, or adverse party, or any order of the court, or master, or
abuse of discretion by which either party was prevented from having a fair trial; (2) Misconduct of
the jury or prevailing party; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) Newly discovered evidence material for the party making the motion which the party
could not, with reasonable diligence, have discovered and produced at the trial; (5) Manifest
disregard by the jury of the instructions of the court; (6) Excessive damages appearing to have been
given under the influence of passion or prejudice; or, (7) Error in law occurring at the trial and
objected to by the party making the motion. On a motion for a new trial in an action tried without a
jury, the court may open the judgment if one has been entered, take additional testimony, amend
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findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of
a new judgment. [As amended; effective J anuary 1, 2005.] (b) Time for Motion. A motion for a new
trial shall be filed no later than 10 days after service of written notice of the entry of the judgment.
[As amended; effective J anuary 1, 2005.] (c) Time for Serving Affidavits. When a motion for new
trial is based upon affidavits they shall be filed with the motion. The opposing party has 10 days after
service within which to file opposing affidavits, which period may be extended for an additional
period not exceeding 20 days either by the court for good cause shown or by the parties by written
stipulation. The court may permit reply affidavits. [As amended; effective J anuary 1, 2005.] (d) On
Courts Initiative; Notice; Specifying Grounds. No later than 10 days after entry of judgment the
court, on its own, may order a new trial for any reason that would justify granting one on a partys
motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely
motion for a new trial for a reason not stated in the motion. When granting a new trial on its own
initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.
[Added; effective J anuary 1, 2005.] (e) Motion to Alter or Amend a J udgment. A motion to alter or
amend the judgment shall be filed no later than 10 days after service of written notice of entry of the
judgment. RULE 60. RELIEF FROM J UDGMENT OR ORDER Text (a) Clerical Mistakes. Clerical
mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or
omission may be corrected by the court at any time of its own initiative or on the motion of any party
and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes
may be so corrected before the appeal is docketed in the appellate court, and thereafter while the
appeal is pending may be so corrected with leave of the appellate court. (b) Mistakes; Inadvertence;
Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such terms as are
just, the court may relieve a party or a partys legal representative from a final judgment, order, or
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proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2)
newly discovered evidence which by due diligence could not have been discovered in time to move
for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation or other misconduct of an adverse party; (4) the judgment is void; or, (5) the
judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has
been reversed or otherwise vacated, or it is no longer equitable that an injunction should have
prospective application. The motion shall be made within a reasonable time, and for reasons (1), (2),
and (3) not more than 6 months after the proceeding was taken or the date that written notice of entry
of the judgment or order was served. A motion under this subdivision (b) does not affect the finality
of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an
independent action to relieve a party from a judgment, order, or proceeding, or to set aside a
judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of
review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any
relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
[As amended; effective J anuary 1, 2005.] (c) Default J udgments: Defendant Not Personally Served.
When a default judgment shall have been taken against any party who was not personally served with
summons and complaint, either in the State of Nevada or in any other jurisdiction, and who has not
entered a general appearance in the action, the court, after notice to the adverse party, upon motion
made within 6 months after the date of service of written notice of entry of such judgment, may
vacate such judgment and allow the party or the partys legal representatives to answer to the merits
of the original action. When, however, a party has been personally served with summons and
complaint, either in the State of Nevada or in any other jurisdiction, the party must make application
to be relieved from a default, a judgment, an order, or other proceeding taken against the party, or for
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permission to file an answer, in accordance with the provisions of subdivision (b) of this rule. [As
amended; effective J anuary 1, 2005.] (d) Default J udgments: Modification Nunc Pro Tunc. Whenever
a default judgment or decree has been entered, the party or parties in default therein may at any time
thereafter, upon written consent of the party or parties in whose favor judgment or decree has been
entered, enter general appearance in the action, and the general appearance so entered shall have the
same force and effect as if entered at the proper time prior to the rendition of the judgment or decree.
On such appearance being entered the court may make and enter a modified judgment or decree to
the extent only of showing such general appearance on the part of the party or parties in default, and
it shall be entered nunc pro tunc as of the date of the original judgment or decree; provided, however,
that nothing herein contained shall prevent the court from modifying such judgment or decree as
stipulated and agreed in writing by the parties to such action, and in accordance with the terms of
such written stipulation and agreement.
. Nothing in Merliss/Hills ridiculous Motion to Show Cause is admitted, everything is opposed.
Hill makes baseless allegations of the undersigned lying yet he never gets around to pointing out
what exactly is a lie, Baker does the same.
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The undersigned NRS 40.380 Provisions governing appeals. Either party may, within 10 days,
appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the
judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice the
defendants undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the
court or justice, but which shall not be less than twice the amount of the judgment and costs, to the
effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will
pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal
and filing the undertaking, all further proceedings in the case shall be stayed.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to
pay rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing
with the trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action
concerning a lease of commercial property or any other property for which the monthly rent exceeds
$1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause,
order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond
submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the
suretys agent upon whom papers affecting the suretys liability upon the bond may be served.
Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court
without independent action.
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2. A tenant who retains possession of the premises that are the subject of the appeal during the
pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying
contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the
landlord may initiate new proceedings for a summary eviction by serving the tenant with a new
notice pursuant to NRS 40.253.
Establishing value of property converted: Commercial tenant was entitled to value of certain items
of personal property lost during course of wrongful eviction, despite lack of documentation showing
the exact price paid, where testimony of tenant's principal, who was also a certified public
accountant, as to the articles of equipment purchased and their prices and the documentary evidence
as to their resale value three years after their purchase, was unrebutted by landlords, and no proof was
adduced to show that the articles were not in fact purchased or that their value had been inflated.
North Main Street Bagel Corp. v. Duncan, 37 A.D.3d 785, 831 N.Y.S.2d 239 (2d Dep't 2007); West's
Key Number Digest, Landlord and Tenant 278. [Top of Section] [END OF SUPPLEMENT] IV.
MODEL PLEADINGS 37. General form of complaint alleging landlord's conversion of tenants's
personal property The following is a general form of complaint for a tenant's action seeking damages
for a landlord's conversion of the tenant's personal property: [Title of court and case name omitted.]
COMPLAINT Plaintiff, [plaintiff tenant], by way of complaint against the Defendant, [defendant
landlord], says: 1. Plaintiff resides at [address], [City], [County], [State]. 2. Defendant resides at
[address], [City], [County], [State]. 3. From [date] to [date], plaintiff occupied, as defendant's tenant,
defendant's house located at [address], [City], [County], [State]. 4. On [date], defendant terminated
the tenancy, reentered the house, and took possession of the house and all of plaintiff's personal
property. 5. On that date, the following items of personal property in the house were owned solely by
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plaintiff: [list plaintiff's property]. The reasonable value of the property on that date was [dollar
amount]. 6. At the time defendant took possession of the house, plaintiff attempted to remove the
personal property from the house, but defendant wrongfully refused to permit such removal and
unlawfully converted the personal property to defendant's own use. Plaintiff has demanded that
defendant permit plaintiff's removal of plaintiff's personal property from the house, or surrender
possession of the personal property to plaintiff, but defendant, with willful disregard of plaintiff's
legal right to possession of the personal property, has refused and failed either to permit plaintiff to
remove it from the house or to surrender its possession to plaintiff and still refuses to do so. 7. By
reason of defendant's willful conversion of the property of plaintiff, with knowledge of plaintiff's
ownership, and without regard to plaintiff's legal right to its possession, plaintiff is entitled to
compensatory damages in the amount of [dollar amount] and exemplary damages in the amount of
[dollar amount] from defendant. WHEREFORE, plaintiff requests: 1. J udgment against defendant for
compensatory damages in the amount of [dollar amount]; 2. J udgment against defendant for
exemplary damages in the amount of [dollar amount]; 3. Award to plaintiff of costs of this
proceeding; and 4. Such other and further relief as the court may deem just and proper. [Name of
Law Firm] BY: [Signature] [Name of Attorney] Dated: 38. Complaint seeking compensatory and
punitive damages for landlord's conversion of tenant's personal property The following is an
illustrative complaint for an action in which a tenant is seeking compensatory and punitive damages
for a landlord's conversion of the tenant's personal property: [Title of court and case name omitted.]
COMPLAINT Plaintiff, [plaintiff tenant], by way of complaint against the Defendant, [defendant
landlord], says: 1. Plaintiff resides at [address], [City], [County], [State]. 2. Defendant resides at
[address], [City], [County], [State]. 3. At the times mentioned, defendant owned, managed, and
controlled the [name] Building, containing multiple rental units for residential purposes, at [address],
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[City], [County], [State]. 4. On or about [date], defendant orally agreed to lease to plaintiff apartment
[number] in the building on a month-to-month basis at a rent of [dollar amount], payable monthly in
advance on the [identify day of each month]. 5. On [date], plaintiff paid to defendant [dollar amount]
for the first month's rent for apartment [number] and took possession pursuant to the oral agreement.
6. On or about [date], while plaintiff was absent from the apartment, defendant, without notice to
plaintiff and without plaintiff's consent, entered the apartment, caused the lock on the apartment door
to be changed, and locked plaintiff out of the apartment. Further, defendant removed from, and
appropriated plaintiff's personal property in, the apartment and advised plaintiff that the personal
property would not be returned unless plaintiff paid to defendant an additional [dollar amount]. 7.
The removal and appropriation of plaintiff's personal property, subject to return on plaintiff's payment
of [dollar amount], was without legal right and constituted a conversion of plaintiff's property. The
reasonable value of plaintiff's property so converted by defendant is [dollar amount] and plaintiff is
entitled to damages from defendant for that amount. 8. In locking plaintiff out of apartment [number]
and converting plaintiff's personal property, defendant acted maliciously, without probable cause,
without regard to plaintiff's legal rights and feelings, with the intent to oppress plaintiff, and with the
knowledge that it would be difficult and more expensive, or perhaps even impossible, for plaintiff to
secure without notice a suitable residence within the locale. These acts were committed by defendant
with the intent, design, and purpose to injure plaintiff, and, for this reason, plaintiff is entitled to
[dollar amount] in punitive damages from defendant. WHEREFORE, plaintiff requests: 1. J udgment
against defendant in the sum of [dollar amount] for compensatory damages; 2. J udgment against
defendant in the sum of [dollar amount] for punitive damages; 3. Award to plaintiff of costs of this
proceeding; and 4. Such other and further relief as the court may deem just and proper.
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NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of
appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the
proceedings for want of form, provided the proceedings have been conducted substantially according
to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or
summons, in matters of form only, may be allowed by the court at any time before final judgment
upon such terms as may be just; and all matters of excuse, justification or avoidance of the allegations
in the complaint may be given in evidence under the answer.
NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and
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 26
th
day of December, 2011,
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_/s/ Zach Coughlin
Zach Coughlin
Tenant/Counterclaimant/Appellant
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PROOF OF SERVICE
I, Zach Coughlin, declare:
On December 26, 2011, I, Mr. Zach Coughlin served the foregoingMotion to Amend, Set
Aside, Motion for New Trial/Hearing, Notice of Appeal RJC Order of December 21, 2011,
Motion to Show Cause by depoisting a true and correct copy for mailing in the United States postal
mail to:
Richard G. Hill, Esq.
Casey D. Baker, Esq.
652 Forest Street
Reno, NV 89509
Attorneys for Matthew Merliss
Dated this 26
nd
of December, 2011
-----------------------------
Zach Coughlin
Tenant
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INDEX TO EXHBITS
1. 15 PAGE FAX TO RJC AND RICHARD HILL/CASEY BAKER, MERLISS'S
ATTORNEYS WITH 14 PAGES OF EMAIL RELATED TO THIS MOTION, FAXED 12 26
11
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Exhibit 1
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
a!"#o$g"lin%"ot&ail.!o&
Ne'a(a )ar No: 9473
FAX COVER SHEET
DATE: Decembe !", #$!!
TO: Case% &a'e, Esq.
FAX (O: ))* +,- $-*-
cc: Reno .us/ice Cou/ 0ia 1a2 /o ))* +#* 3)!*
Oiginal 4ill no/ 1ollo4.
!* 5age 1a2 6/his 5age 5lus !, 5ages o1 emails a//ache78
RE: .REV#$!!$$)$- in Reno .us/ice Cou/
9 :A(T THE REST OF ;< =RO=ERT< AT !#! R9VER ROC> ST.? DO (OT THRO: 9T A:A<@@@@@ AASO, <OB O:E ;E ;< SECBR9T<
DE=OS9T, <OBR +$ DA<S TO =ROV9DE A :R9TTE( ACCOB(T9(C OF HO: 9T :AS BSED HAS =ASSED :9THOBT <OBR
DO9(C SO, =A< ;E ;< D)$$ DE=OS9T 9;;ED9ATEA< OR 9 :9AA TA>E AECAA ACT9O(
*ear +r. )a,er,
- (e&an( t"e ret$rn of &. /700 0e!$rit. (e1o0it i&&e(iatel.. 2o$ an( .o$r !lient fa!e 1enaltie0 for
.o$r fail$re to 1ro'i(e a 3ritten a!!o$nting 3it" ite&i4ation0 relate( to t"e 0e!$rit. (e1o0it 3it"in 30
(a.0 of No'e&5er 1, 2011. 2o$ faile( to (o to, an( no3 .o$ &$0t ret$rn t"e &one. to &e,
i&&e(iatel.. 2o$ an( +r. 6ill interfere( 3it" &. a!!e00 to t"e 1ro1ert. a0 (etaile( in t"e e&ail0
atta!"e( to t"i0 fax. Note t"e e&ail0 atta!"e( !on0i0t of 14 1age0, (e01ite t"e "ea(er on t"e e&ail0
in(i!ating t"e. are 30 1age0, a0 - re&o'e( 1age0 of 78$itar #enter9 a((0, et!. t"at 3ere 1art of t"e
atta!"&ent relate( to t"e :ine 6 a&1lifier, for 5re'it.;0 0a,e. - <$0t nee(=3ant a5o$t 8-16, &ore "o$r0
a!!e00 to t"e 1ro1ert. to get &. 1ro1ert.. >"e 1ro1ert. 3a0 not (a&age( ($ring t"e a!!e00 1ro'i(e(
on >"$r0(a. an( ?ri(a., *e!e&5er 22-23, 2011, an( &$!" 3a0 re&o'e(. @lea0e <$0t let &e get t"e re0t
of &. 1ro1ert. an( (o not in!$r an. &ore nee(le00 lia5ilit. on .o$r !lient;0 5e"alf 5. ref$0ing &e t"i0
0i&1le reA$e0t.
Sin!erel.,
a!" #o$g"lin, B0A.
1
invenotry of missing personal property continued: sony DCR-DVD610 with
8gb duo memory card
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 12/25/11 5:22 PM
To: psferrazza@washoecounty.us; cdbaker@richardhillaw.com
Dear J udge Sferrazza and Mr. Baker,

There is a very sentimental hand drawn picture/caricture of my former girlfriend and cotenant of 5 years Melissa
Ulloa and myself that I believe I forgot to grab on my hurried way out near 5:00pm on Friday. It was resting above
the crown modling atop the area attaching the dining room to the kitchen, where dishes were stored, in the dining
room area, it is a picture of her and I (she has glasses on in it) and I would very much like the opportunity to
retrieve it. It would have been one of the first things grabbed, but I wanted to place it some place where it would
not get bent or damaged and decided it would be safest to bring it in my uhaul's cab near the end of this moving
ordeal, but I am afraid I did not get a chance to grab it before Richard Hill showed up with Casey Baker in tow and
video cameras. How it was at all fair to expect me to enter my former home and law office, which has been
completely turned upside down by a burglary that was able to occure due to Baker and Hill's negligence, then
demand that I ignore that extremely emotionally upsetting occurance and immediately conduvct some crack
inventory of items damaged or stolen, all in less than an hour (after accounting for the travel time to get to
somewhere to send the Court and Baker an email inventory and the time that Richard Hill remained on the property
after 9 am on Thursday) is not at all clear to me.

In addition to the items previously disclosed as missing or damaged is the following, which is missing:
http://www.amazon.com/Sony-DCR-DVD610-Handycam-Camcorder-Optical/dp/tech-
data/B00123Q8YQ/ref=de_a_smtd
That is a Sony DCR-DVD610. It had a somewhat expensive media card in it, which sentimental and work related
media on it that is irreplaceable. The card itself (and this camera had one inside and one taped to it) cost money
too:
http://www.amazon.com/SanDisk-16GB-Memory-Stick-PRO/dp/B00488CN1O/ref=sr_1_12?s=electronics&ie=UTF8&qid=1324862012&sr=1-12
I believe one of the microphones previously indicated as missing has been found, a Shure SM58a, however, I have
not been able to test whether it is damaged or not, yet).
Two of these are missing as well: http://www.amazon.com/SanDisk-Cruzer-Flash-Drive-SDCZ36-032G-
A11/dp/B001T9CTS2/ref=sr_1_2?s=electronics&ie=UTF8&qid=1324862190&sr=1-2 at a current price of $27 per
on amazon, however, media and files were on those that is irreplaceable and valuable to me.
The mold that I wrote to Merliss of on May 14, 2011 is in a very large clear bag on the property. The original
carpet, the 100% nylon brown shag, slumlord 101 carept is on the property as well and should be retained should
Dr. Merliss want it. That carpet became moldy and had a poor smell when Merliss' handyman twice flooded (on
two separate occasions) the washing machine in the kitchen). I wouldlike my car seats and other items that are still
on the property for which Richard Hill and Casey Baker's interference preveneted me from having adequate time
and access to remove such.
Additionally, while I have not conducted a complete review of all my hard drives, the desktops hard drive indicates
file on it were modified on at least two occasions while in Hill and Baker's custody, both on December 6th, and
December 14th, 2011. This is completely unacceptable.
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
Page 1of 30 Hotmail Print Message
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473
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From: zachcoughlin@hotmail.com
To: rhill@richardhillaw.com; cdbaker@richardhillaw.com; psferrazza@washoecounty.us
Subject: interference with my right to get my property
Date: Sat, 24 Dec 2011 01:44:51 -0800

Some of my property remains on the premises. I want access to it, some of it, I believe even
involves both my law practice and my mattress business, and reserve my rights to sue for
damages, even the consequential/punitive kind in the Schiff case where a seafood distributor in
Nevada was awared as damages the entire value of his business, which went under as a result of a
Landlord's nefarious deeds. My rights under the Court's Order of December 21, 2011 where
interferred with. To wit, Richard Hill's contractor, for some strange reason, removed a ladder I
own from the property, preventing my access to the attic. Further, the entire back porch remained
boarded up during the entirety of my access to the property this Thursday and Friday, that
prevented me from both removing my property and in returning Dr. Merliss's property to the state
I would have liked to leave it in. Additionally, despite not having a chained padlock on the back
fence for the vast majority of the time theproperty was unoccupied, even where refusing to let me
so secure the property, all of the sudden, a chain link padlocked is secured to the backyard/porch
gate when it comes time for me to be allowed to access the property and remove my belongs.
Neither Hill or Baker responded to my calls and written, hand delivered requests for them to
remove the lock from the back gate until it was far too late to avoid interfering with my rights
under the Order, nor did either of them ever have the door the house on the back porch be put in
an accessible state, as it remained boarded up.
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402

RE: interference with my right to get my property
Nevada Bar No: 9473
From: Richard Hill (rhill@richardhillaw.com)
Sent: Sat 12/24/11 6:29 AM
To: zachcoughlin@hotmail.com
your lying knows no bounds - does it?
you need to take stock of yourself.
just where do you think you will be in 5 years??

stay away from the property!

From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Saturday, December 24, 2011 1:45 AM
To: Richard Hill; cdbaker@richardhillaw.com; psferrazza@washoecounty.us
Subject: interference with my right to get my property

fence for the vast majority of the time the propertywas unoccupied, even where refusing to let me
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775229-6737

interference with my right to get my property
fax: 949 667 7402
Nevada Bar No: 9473
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2012.0.1873 / Virus Database: 2109/4700 - Release Date: 12/24/11
Sent: Sat 12/24/11 1:44 AM
To: Richard Hill (rhill@richardhillaw.com); cdbaker@richardhillaw.com; psferrazza@washoecounty.us
fence for the vast majority of the time theproperty was unoccupied, even where refusing to let me
Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402

River rock

RE: inventory continued
Nevada Bar No: 9473
From: Richard Hill (rhill@richardhillaw.com)
Sent: Fri 12/23/11 11:18 AM
To: zachcoughlin@hotmail.com
Cc: 'Casey Baker' (cdbaker@richardhillaw.com)
Mr coughl i n - r epor t s r each me t hat you have peopl e over at t he pr oper t y
hel pi ng you move.
Pl ease be sur e t hat each of t hemsi gns of f on t he f or mas or der ed by t he
j udge.
Thank you i n advance f or your cont i nued cour t esi es & cooper at i on
Rgh
CONFI DENTI AL: ATTORNEY WORK PRODUCT; ATTORNEY- CLI ENT PRI VI LEGE
Thi s e- mai l may cont ai n l egal l y pr i vi l eged or conf i dent i al i nf or mat i on. I f
you ar e not t he i nt ended r eci pi ent , pl ease do not r ead, copy, use, or
di scl ose t hi s communi cat i on t o anyone ot her t han t he i nt ended r eci pi ent . I f
you have r ecei ved t hi s message i n er r or , pl ease not i f y t he sender and del et e
t he emai l message f r omyour syst em. Thank you.
Ci r cul ar 230 Not i ce.
To ensur e compl i ance wi t h r equi r ement s i mposed by t he I RS, we i nf or myou
t hat any U. S. f eder al t ax advi ce cont ai ned i n t hi s communi cat i on ( i ncl udi ng
any at t achment s) i s not i nt ended or wr i t t en t o be used, and cannot be used,
f or t he pur pose of ( i ) avoi di ng penal t i es under t he I nt er nal Revenue Code or
( i i ) pr omot i ng, mar ket i ng or r ecommendi ng t o anot her par t y any t r ansact i on
or mat t er addr essed her ei n.
Sent: Fri 12/23/11 2:33 AM
5 attachments
IMG_20110522_163658 missing items Onkyo receiver tuner Sony subwoofer Technic speaker.jpg (750.3 KB) , IMG_20110818_205455
Toshiba 62hm15a hdtv.jpg (1075.7 KB) , Line 6 Spider III 15 15W 1x8 Guitar Combo Amp and more Guitar Amplifiers at
GuitarCenter_com.htm (146.2 KB) , receipt for purchase of lamp for Toshiba 62HM15A $87.pdf (31.7 KB) , IMG_20110818_203900 hdtv
52 inch in back bedroom.jpg (234.7 KB)

I am writing to further supplement and clarify the inventory of items missing. Mr. Baker and Mr. Hill, please know YOU ARE PLACED ON A
LITIGATION HOLD NOTICE REQUIRING YOU TO RETAIN AND PRODUCE ALL PHOTOGRAPHIC/VIDEO/AUDIO EVIDENCE YOU OR YOUR
AGENTS HAVE COMPILED TO THIS DATE AND IN THE FUTURE, ESPECIALLY WITH RESPECT TO PERSONAL PROPERTY ON THE PREMISES,
INCLUDING ANY EVIDENCE WHICH REFLECTS UPON WHAT WAS STOLEN OR DAMAGED INCIDENT TO THE BURGLARY OF APPROXIMATELY
DECEMBER 12TH, 2011 (INCLUDING THE POLICE REPORTS YOU SHOULD HAVE MADE). I reserve the right to update this inventory if any of
these items are found, or if others are discovered lost or damaged

I hereby reserve the right to amend this inventory should any of these items turn up under some of the "rifled" through, the use Casey Baker,
Esq.'s expression property, that was completely strewn about the premises. But I doubt they will.

Amongst the items that were missing upon what was obviously an upsetting emotional hurried inventory (you can imagine going into your
home and seeing it look like it been subject to an extensive burglary), were:
http://www.zzounds.com/item--CASPX330 That is the 88 key keyboard, with hammer weighted action, Casio Previa PX-330 that sat atop the
desk in the front office is missing, very obviously
http://www.musiciansfriend.com/accessories/lr-baggs-dual-source-system That LR Baggs Dual Source blend system was put into the Charvel
acoustic "cutaway" guitar that is missing, which was in the front office, and was in excellent condition, in addition to having the expensive after
market LR Baggs dual source system added to it: http://en.allexperts.com/q/Guitar-General-649/Charvel-jackson-guitar.htm-Drive/13055863
http://www.hdtvsolutions.com/Toshiba-62HM15A-reviews.htm I had just purchased a new lamp for that television. Please see attached receipt
for that lamp and attached picture of that Toshiba 62 inch television.
http://www.guitarcenter.com/Line-6-Spider-III-15-15W-1x8-Guitar-Combo-Amp-482276-i1979323.gc That is a Line 6 Spyder III guitar amplifier
that is missing
http://reviews.cnet.com/projection-tvs/samsung-hl-p5685w-56/4505-6484_7-31008492.html?tag=subnav I did not see this Samsung HLP5685
W hdtv dlp at the property. I want to verify tomorrow that it is for sure gone (Yes, its a large television, but it the top had been temporarily
removed from its pedestal.
Additionally, amongst the items that were "rifled" through incident to the burglary was an AKG C300B microphone that is heavily scratched up
and is obviously damaged:
http://www.sweetwater.com/store/detail/C3000B/?
utm_source=Google&utm_medium=PPC&utm_campaign=livesound&utm_term=akg_c_3000_b&adpos=1t1&gclid=CJ6S_4rkl60CFQ5lhwodV2YG4w
missing speaker as well technic sb-2840
Sony power subwoofer (see picture attached of Onkyo Receiver stacked audio system)
I believe a 1000W Sony Xplod Car Audio 12 inch subwoofer, new in box was taken as well, it retailed for, I believe, about $75 after taxes:
http://www.walmart.com/ip/Sony-Xplod-XS-GTX120LW-12-Car-Subwoofer/12016333
A Sony audio receiver appears to be damaged, I will provide the model number later.
http://www.amazon.com/Philips-32PFL3505D-F7-32-Inch-Black/dp/B003IT6Z40 That is the model of the manufacture in 2010 Phillips 32 inch
lcd television/computer monitor that was utilized in a dual screen display setup at the lawyer's desk in the commercial law office at 121 River
Rock St. Mr. Baker correctly identified it as missing after the break in, as he did the 62HM15A Toshiba HDTV in the living room, and the various
audio receivers, etc. in Mr. Bakers attached December 14th, email (attached and admitted into evidence along with the reply from
zachcoughlin@hotmail.com at the hearing on December 21, 2011). In his December 14, 2011 writing Mr. Baker wrote: "The River Rock property
has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items missing,
including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I cant tell what else. The contents of
the residence appear to
have been rifled through."
http://www.americanmusical.com/Item--i-SHU-BETA58A-LIST I believe that microphone is missing, it is a Shure Beta 58A Dynamic Microphone.
I reserve the right to update this inventory if it is found.
A foam mattress, size full is missing. The wooden platform for it is oddly part in the flower bed and part seemingly used to secure a window in
some fashion, estimated value $800
Two, (2), of these http://www.amazon.com/Keurig-B60-Special-Single-Cup-Home-Brewing/dp/B000AQSMPO $165 Kuerig B60 Coffee Machines
appear to be missing
http://www.walmart.com/ip/Western-Digital-WDBAAU0020HBK-NESN-Elements-Desktop-Hard-Drive/13055863 Two, (2) of those Western
Digital Elements 2TB external hard drives $190.
As for damaged items, the Sony hdtv 52 inch television in the back bedroom is not turning on, please see attached picture (a clearer picture
and model number will be forthcoming).

Strangely, its appears that, even where the contractor (whose bill for $1,060 included a notation of "fixing leak in the basement") boarded up
the back porch, he apparently did not do it very well, as the window to the back door, inside the porch, appears to have been smashed.

I believe there are more things missing or damaged but this is not a task that can be done extremely quickly, and I reserve the right to
supplement this inventory as more missing or damaged items become apparent. I would like some additional time at the property due to
Richard Hill's interference on Thursday and Hill's contractor having taken my ladder, which I was relying on for accessing and inventorying the
attic. Further, I wish to leave this property in very, very good shape for Dr. Merliss. I have respect for Dr. Merliss as I do for this Court, Mr.
Baker, and Mr. Hill, for whatever it is worth. Admittedly this litigation has gotten a bit scrappy, and we have all been challenged by a Landlord
Tenant Statute that is not always entirely clear and does not have the benefit of a great deal of intermediate level appellate court case law to
guide litigants through the ambiguities encountered throughout this case. I want to leave this property in as good as shape as possible for Dr.
Merliss, and believe Hill and Baker are intent on limiting my opportunity to do that as much as they possibly can because they want to pursue
some theories of recovery based upon leaving property at the location, etc., etc., and have their contractors do their typically inflated billing for
work that, as here, ultimately is not very effective, as this "securing" of the property, especially where a window unit air conditioner held in
place by nothing but duct tape and lacking even a simple jam rod atop the sliding window, was left in place on a side of the house exposed to
a sidewalk near the Lakemill Lodge. Or, Hill and Baker may just be legitimately fearful that I may do something to harm their client's interest at
the property and merely zealously advocating on Dr. Merliss's behalf. I feel like an additional 8-16 hours at the property may yield a lot of
benefit to the overall appearance and state of the property.

I realize a stay was denied, however, I believe NRS 40.385 may be akin to the automatic stays attendant to bankruptcies.

Sincerely and Respectfully,

Zach Coughlin, Esq.

Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473

From: zachcoughlin@hotmail.com
Subject: inventory continued
Date: Thu, 22 Dec 2011 12:09:18 -0800

Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the hammer weighted action Casio 88 key
PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of $250,
and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in possession. The
statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court wishes to rule that I am a
commercial tenant. However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice in this case, under
NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction Proceedings are not allowed against commercial
tenants where only a No Cause Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the
Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly
reflects that.

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an
order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in the amount of
$250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other property for which the
monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of good cause, order an additional
bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and
irrevocably appoints the clerk of that court as the surety's agent upon whom papers affecting the surety's liability upon the bond may be
served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the
landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to
pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS
40.253.

Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473

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From: Sferrazza, Pete (psferrazza@washoecounty.us)
Sent: Thu 12/22/11 2:33 PM
To: zachcoughlin@hotmail.com; cdbaker@richardhillaw.com
Cc: Stancil, Karen (KStancil@washoecounty.us)
Dear Mr Coughlin:

The stay was denied . You will need to ask the District Court for a stay.

Pete Sferrazza

inventory continued

Sent: Thursday, December 22, 2011 12:09 PM
To: Sferrazza, Pete; cdbaker@richardhillaw.com
Subject: inventory continued
PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of
$250, and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in
possession. The statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court
wishes to rule that I am a commercial tenant. However, if the court does rule that I am a commercial tenant, the No Cause
Eviction Notice in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction
Proceedings are not allowed against commercial tenants where only a No Cause Eviction Notice is filed. Its one or the other, but Mr. Hill and
Baker cannot have it both ways. Further, the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a
settlement, etc, etc. and the audio record clearly reflects that.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from
an order entered pursuant to NRS 40.253:
40.253.
Sincerely,
Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
contain confidential information intended for the specified individual (s) only. If you are not the intended recipient or an agent responsible for delivering it to
Sent: Thu 12/22/11 12:09 PM

partial inventory
PX 330 is the model number, I believe, I will have to check.......Further, this is all moot at this point as I have filed a Supersedeas Bond of $250,
and according to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and continue in possession. The
statute sets the Supersedeas Bond (which yields a stay) at $250 if rent is under $1000, unless the Court wishes to rule that I am a
commercial tenant. However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice in this case, under
NRS 40.253 makes a Summary Eviction Proceeding impermissible, as Summary Eviction Proceedings are not allowed against commercial
tenants where only a No Cause Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further, the
Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly
reflects that.

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an appeal from an
order entered pursuant to NRS 40.253:
40.253.

Sincerely,

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
Sent: Thu 12/22/11 11:01 AM

Dear Judge Sferrazza,

I respectfully submit to you that the inventorying of stolen, lost, or damaged personal property i simply not possible by 11 am given the
interference conducted by Baker and Hill, their removing a ladder to the attic (that belonged to me, no less) from the property, their keeping
the property boarded up, the incredibly strewn about/burglarized appearance and state of the entire property, etc, etc. It is simply not possible

to provide a complete accounting or no exactly how accurate any accounting might be at this time.
Personal Property, including that used in the commercial business run out of 121 River Rock St. Reno, NV
62hm15
Toshiba 62HM15A Projection TV (62HM15A)
expensive suits missing, expensive fixtures and kitchen appliances missing. 32 inch lcd television computer monitor, other computer monitor/s
lcd/led
Several vintage and expensive high end audio recievers
several guitars, several high end professional audio recording microphones, all expensive, music equipment
several high end memory foam mattress, broken wooden memory foam mattress platform, partially missing,
wooden shutter on porch,
jewelry
watches
several hard drives, both external and internal
several HDTV's and computer monitors,
audio interfaces, sound and video cards,
computer RAM sticks, guitar amplifiers, family heirlooms, mementos and keepsakes, obviously its ridiculous and damn near impossible to rush
into a this property and deliver you a perfect inventory of all that is missing or damaged within an hour or so.....
expensive electric shavers, multiple high end car audio amplifiers, family heirlooms, audio and video tapes missing, my intellectual property and
creative media missing, etc. ,etc.

Zach Coughlin, Esq.
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Nevada Bar No: 9473
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On 6-28-12 approx. 1015, Dep.J.Gomez and Iwenlto 1680 Sky Mountin Dr. to sere an eviction oreer on
l0h Coughlin W was liing |hgBgB#Z. We me\withe Norwind At. Mgr., his maintenance guy and to
employees of Nevada Cour eriCes who had previously sered him te five day notice.
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maintenane guy come over and Qthe outide lock off we could lift 0e door. He told me that the lock was
0U|006Mt0e aparment lOk, 0e then cut the lock of w/a sawull. We R0lifing Mdoor but we ul0tell
was locke from the inside.
Awe annouO0d ourelves again m6h we heard (A-1) Zch Coughlin from the inside asking who we were.
We told hlm and also what we were doing. He kept WkgmW0oudsystem how he was n8v8|sred and
repeatedly kept asking who w0w0f0NwNIw0f0w0 doing. b8Nllme we l0I0 0im KpOthe door, he said
just a RiH0te 800 never would. 9CnlihueU for pro. ten minutes.
|Basked MAt. Mt. how he wanted to 0|00006.He gave Vmantenance guy permission to swzall
a setion of the gamge door. After a section was cut away we were able to 600 partially Inside, but a large w00000
008w8 blocking te view of te inside. We kept telling ughIin to open the door, ea0h time he 88|0just B
R|n0te Nktasking who we w8t8BD wMIws our mson for bing t08r8.T8went on for another I8h
m|huI. |told Cughlin I was goig to use the ter on him if he 0001comply w/our orders. He slowly came
around the corner of te %00bx wlhis hdh0s out front. He refused to open up 0000land came 0uIthe
section of door 6lwas cut away. He was placed in han s and temporarly detine.
was able to move to boars frm the Inside that we|O blocking te dor frm moving along w/8omtthat
was around d roller 6to the track. Oce the 00|was oen |went N06Kmake sure no one else was the|e. I
then to te Apt. Mgr. it was safe and l00garge and 8||the content We|8 now hts reponsiblity.
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destrction h8cause to te apanment cmplex for uS to execute m|8evicton oMer@ he was arrested on the listed
charge MMK8n to 911 Parr .w/out incident.
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MNICIPA COUT
P.O. B. 190
ReD, NV 89505
(702) "'2290
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I THE MUICIPAL COURT OF THE CITY OF RENO
COUNTY OF WASHOE, STATE OF, NEVADA
FIL
ED
CITY OF RENO,
Plaintiff,
RENO MUNIC
IPAL COURT
Case No. 11 T:&OOO. 3
Dept. 3 MAR 1 3 2012
vs.
C :::;
ZACHARY BARER COUGHLIN,
Defendant.
c
s-c.vcsJUDGi
.
SUA SPONTE ORDERDENYING RLIEF SOUGHT IN IMPROPER DOCUMENT
, , - - - - . ' - . " . .
1
On March 9,2012, .at 12:38 p.m., defendatZacharyBarker Coughlin, a attorey and
self-represented litigat in the instant traffc citation case, began fax-fling a 218-page
document to the Reno Municipal Court purporting to seek various and sundry types of relief
from this court on a "Boulevad Stop" trafc citation matter. He labeled his document "Motion
to Ret Cell Phones; Motion to Set Aside Summary Contempt Order; and Notice of Appeal
of Suary Contempt Order." Said document was fled by the Clerk of the Court, on Monday
March 12,2012, afer causing much disruption to the court's operations.
The court herein issues this Order sua sponte to prevent the plaintiff, Reno City
Attorey,fom devoting ay additional time.or resources to this document, and to relieve the
plaintiff from any burden of attempting to respond to said document. Likewise, the court staff
is relieved of any obligation to further deal with this aberrat document.
The court fnds that the defendant has failed to follow proper legal procedure in
preparing and filing his motions ad purorted Notice of Appeal. The court also fnds that Mr.
Coughlin has blatantly abused the court's fax-fling process offered for the convenience of
parties appearing in this court. As with his previous, mostly incoherent docuent, this
document fled by Mr. Coughlin appears to be a recitation of family grievances, lyrics to rock
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RENO
MUNICIPA COURT
P.O. Box 19
Re. NV 89505
(702) 334-219
songs, disjointed legal rablings, citations ad argument in another case with another judge in
a different depatment of Reno Municipal Court, and, is, thus, even more irrelevant to the
instant case than the 224-page document previously fled by Mr. Coughlin.
IT IS ORDERED that any and all relief sought by the defendant Zachary Barker
Coughlin in the above-described document is denied.
IT IS FURTHER ORDERED that Zachary Barker Coughlin shall refrain from, and is
hereby barred and prohibited from faxing any documents to Reno Municipal Court.
IT IS ALSO ORDERED that if Zacha Barker Coughlin wishes to fle documents in
Reno Municipal Cour on any matter assigned to Department 3, he must present signed
originals only, in appropriate legal form and format, limited to no more than 15 pages in length,
and before they are fled, the clerk of the court shall present them to this court for review in
chambers, and this court will mae a pre-fling determination if they can be filed by the clerk.
IT IS SO ORDERED
Dated this 13th day of March, 2012.
2

f

The Hon. Do thy Nash Holmes
Reno Municipal Judge
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Reno Municipal Court
Dorothy Nash Holmes,
Judge
P.O. Box 1900
Reno, NV 89505
(775) 334-3822
CEI TE OF SERVICE
Pursuant to NRCP 5(b), I cer
i
fy that I am an employee of the Reno Municipal
Cour, Reno, Nevada, that I am over the age of 18 years and not a party to the above
action, and that on this date, served a true and correct copy of the attached document
to the following as set forh below:
Allison Ormaas
Deputy City Attorney
PO Box 1900
Reno NV 89505
Zachary Barker Coughlin, Esq.
1422 E. 9t
h
Street #2
Reno NV 89512
X Placing said document In a aled envelope and placed for collecting and
mailing by Unites States mail In Reno, Nevada, postage prepaid following ordinary
business practices.
Washoe County Jail
Court Services
Facsimile (FFAX)
Electronic Mail (E-ma
i
l)
Inner-ofice mail following ordinary business practices
Personal Delivery.
DATED: March 13,2012.
000181
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THEM IC[PAL COURT OF THE CITY OF RENO
CITY OF R 0,
Plaintif
.
v .
ZACHARY BARKER COUGHLIN,
Defendant.
1
SU SPO TE OrWEll DE fl G RELIEF OUGHT IN IM1)ROPER DOC ME IT
On March 7. 2012, at I :58 p.m., defendal1l Zachary Barker Coughlin, an attorey and
seltrepresel1led litigant in the instant traffc citation case, began fax-filing a 224-pagc
document to the Reno Municipal Court purporting 10 seek various and sundry types of relief
fTom this court on a "Boul
'
vard SlOp" traffc citation matter. He labeled his do ument ,
.
otice
C
of Appeal of Summary COl1lempt Order; Motion to Return Personal Property Confiscated by
Reno Municipal ourt and Its Marshals; Motion for New Trial and to Alter or Amend
Summary COl1lempt Order.' Said document was filed by the Clerk of the Court. after much
di ruption to the court's operations.
The court herein issues this Order slIa sponte to prcvel1l the plaintiff, Reno CilY
Altorney. from devoting any additionaltimc or resource to this documelH, and to relieve the
plaintif from any burden of attempting to respond to said document. Likewise. the court staf
is relieved of any obligation to frther deal with this aberrant document.
The court tinds that lhe defendant has failed 10 fol l ow proper legal procedure in
preparing and filing a Notice of Appeal, or Illotion Wilh appropriate citation to the record. lhe
facts and the applicable law. and argument thereof. and has blatantly abused the COUrt
'
s fax-
filing process offered for the convenience of parties appearing in this court. Furthermore, the
000182
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document filed by Mr. Coughlin appears to contain a eries of disjointed legal rambling
plucked from online resources that are neither relevant nor applicable to the matters in this case.
I IS ORERED that any and all relief sought by the defendant Zachary Barker
Coughlin in the above-described document is denied; at such time as Mr. Coughlin fles a
correct and proper motion or notice, his legal document will be considered by the coun.
IT IS F RTHER ORDERED that Zachary Barker Coughlin shall refrain from, and i
hereby barred and prohibited from faxing any documents to Reno Municipal Coun.
IT I ALSO ORDERED that if Zachary Barker Coughlin wishes 10 file documents in
Reno Municipal C011 on any matter assigned to Department 3. he must present signed
originals only. in appropriate legal form and format. limited to no more than 15 pages in length.
and before they are fled. the clerk of the coun shall present them to this coun for review in
chambers. and this coun will make a pre-fling detemlination iflhey can be filed by the clerk.
IT r 0 ORDERED
Dated thi 13th day of March, 20 12.
2
T
Reno Municipal Judge
000183
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Reno MunIpal Cour
Dot NasI Holmes.
Judge
" 0 Box 1900
eno, NV 89505
775) 33822
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Municipal
Cour, Reno, Nevada, that I am over the age of 18 years and not a pary to the above
action, and that on this date, sered a true and correct copy of the attached document
to the following as set forh below:
Allison Ormaas
Deputy City Attorney
PO Box 1900
Reno NY 89505
Zachary Barker Coughlin, Esq,
1422 E. 9
"
Street #2
Reno NY 89512
X Placing said document in a sealed envelope and placed for collecting and
mailing by Unites States mail in Reno, Nevada, postage prepaid following ordinary
business practices.
Washoe County Jail
Court Serices
Facsimile (FFAX)
Electronic Mail (E-mail)
Inner-office mail following ordinary business practices
Personal Delivery.
DATED: March 13, 2012.
Patrick King
From: Townsend, Lori < LTownsend@washoecounty.us>
Sent: Wednesday, April 11, 2012 11:34 AM
To: Patrick King
Subject: Zachary Coughlin
Attachments: RCR2011-065630.pdf; RCR2011-065630-Motion.pdf; RCR2011-063341.pdf
Hi Patrick-
Here are the two outstanding criminal cases against Mr. Coughlin in Reno Justice Court. Case number RCR
2011-063341 is set for trial on May ih at 9:00 am; Case RCR 2011-065630 is the one awaiting the results of
the competency evaluation. I also included a notice/motion that he filed in the gross misdemeanor case. I di d
not include a pleading entitled "Pre Trial Motions" he filed in the misdemeanor case (it is in excess of 200
pages), but if you would like to see that, I can send you a copy. He is also emailing staff members with links to
his YouTube pages.
Please let me know if you need anything else.
RCR2011-065630.pdf RCR2011-065630-Motion.pdf RCR2011-063341.pdf
Lori
Lor 7ownsend
Judges' Secretary
eno Justice Court
P. O. Box 30083
Reno, NV 89520
775-325-6550
1
02718

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liON. JAY n DILWORTH
rpartmcnt 1
liON. WILLIAM L.GARDNER
rpaent 2
HON. DOROTHY NASH HOLMES
rpartment)
HON. KENNETII R. nOWARD
Depaent 4
O.8VHUHlHl8 Ht
Re: ZChLOughn
. . . .. .
RENO
A
C\SSANDRA J.\CKSON
Cor Administrator
JUSTIN ROPER
ChiefMash:-Department
orAlteative Sentencing
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U8ngUuySwOtn,UOU8QOS8HnUSHy
On March 22, 2012, approximately 1055 hrs. I (Marshal Scott Coppa) was notifed
by central control to respond to Donna Ballard desk in reference to a Defendant
Zachary Coughlin.
Both Marshal Thompson and I met with Miss Ballard at her desk. She informed us
Coughlin has been at Daniel Casillas window #8 for approximately 15 minutes and
was becoming argumentative with court staff. Miss Ballard further stated the Staff
has answered all his questions as he was now becoming repetitive with his
questions. At one point Coughlin demanded to have Casillas read the docket \O him
word for word and that he was going to "depose" Miss Ballard.
Marshal Thompson and I approached Coughlin in the public hallway. As I
approached Coughlin I noticed that he was wearing red smiley face flannel pajama
bottoms and a white tee shirt. Underneath the tee shir Coughlin also had on a
dress tie and a dress shir. I informed Coughlin all his questions have been
answered by court staff and it was time for him to leave, Coughlin asked me "did
they teU you to tell me to leave." Coughlin then turned to Casillas and asked if he
could talk to him. Both Marshal Thompson and I again asked Coughlin to leave.
Coughlin asked for our names, gathered his items from the counter and left the
Court.
Both Marshal Thompson and I made a recording of this event.
P.O, Iln 19, Rno. 'v S9!"I\OO. I S{luth SifU 5tnd. Reno .'V 8OI
fdephone: 17>3342290. fncimile: 7i"333824
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Signature Date
Subscribed and swor to before me this
My commission exires: June ' I '
(Notar stamp. if applicable)
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Document Code:
Zach Coughlin.Esq.
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NV Bar No: 9473 (currently suspended)
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xxxr 1471 E. 9t ST. 89512
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Reno. NV 89512
Telephone and Fax: 949 667 7402
Counsel ti)r Defendant Coughlin
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I> TlIEJUS'II( [ COURT OF RENO 10WNSllIP c;
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IN A ND FOR THE COUNTY Of WASHOE, STATE OF NEt A'
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STATE OF EVADA:
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Pbinliff,
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C ASf NO: RCR2011-063341
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DEPT. NO: 2
ZACHARY COUGHLIN;
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Defendant.
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MOTION FOR MISTRIAL AND MEMORANDUM OF LAW
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AND E!ERGENCY REQuEST FOR CONTI:e]ANCE GIVEN ST.TE BAR EEARmG OF 11/14/12
AND MOTION FOR RECONSICERATI0N OF RULING ON SUPPRESSION MOTION
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COMES NOW. ZACI COUGHLIN, ESQ .. and files the aoove titled document on his own
behalrand it is based on the argument and authorities herein. and the attachments. Please note, this
is submitted lor tiling with the understanding that Couglin \as adjudged competent by the evaluator
IrOIll Lakes Crossing, Mr. Durante. but with the caveat that it is only being submitted prior to an
actual Order being entered by Judge Sfcrrana finding Coughlin competent (and thus, no exhibiting
the violatiolls ofNRS 178 . .05 previously displayed by DDA Young. WCPDs Leslie. and
Goodnight. co-signed by their suprvisor Jeremy Bosler
)
in light of Coughlin's reasonable be. liefthat
local law enforcement and Dr prosecutors will soon have him subject to yet another round of
retaliatory anc,t and prosecution, with all the auendant unnoticed bail hearin
g
s increasing his bail
tcnlilld, and deprivations of cvcl1lhe most basic items necessary IO accessingjuslice (like piece of
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MOTION FOR MISI RIA L .> ND MEMORA "DUM OF LAW
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"a"er to Brite a 1iling on, or the aAilit! to maDe a "hone call Bith mone! o1 oneFs oBn Au!ing a
calling card in a "eriod o1 time less than, sa! (4 da!s aAout hoB long it tooD 1or the 2oBa com"an!
Coughlin Aought his last Cail house calling card 1rom to deli;er the item, until Bhich time Coughlin
Bas unaAle to connect Bith e;en one "erson on the outside in light o1 the atrocious Gcollect callingG
"hone s!stem the 7CDC has set u", Bhich is largel! ine11ecti;e 1or calling cellular "hones, Bhich is
Bhat the maCorit! o1 8merica is using these da!s, and Bhich are not listed in the !elloB "ages, and
Bhich most "eo"le do not Aother to rememAer the numAers 1or gi;en the s"eed dial "rogramming
most cellular "hones are ca"aAle o1#. -he 7C$DFs o11ice re1used to assist Coughlin in an! Ba! Bith
these communiction Bith the outside Borld issues ham"ering his "re"aration 1or the 4ul! ('th, 0,(0
-rial in )C)0,((>,'334( Coughlin Bas Arought to the )4C to stand 1or, in Cail GredsG, shacDled
hands and 1eet, Bith a )4C Baili11 Bhom "re;iousl! threatened to G"ut m! 1oot u" !our assG in
res"onse to requests 1rom assistance A! =eslie a1ter Coughlin sought to ha;e DnoBledge o1 the
Gcounter motionsG =eslie Bas maDing against CoughlinFs Bishes in earl! No;emAer 0,((# sitting 1i;e
1eet aBa! 1rom Coughlin and threatening to incarcerate Coughlin e;en 1urther should he dare to e;en
looD to the AacD o1 the courtroom, e;en to see i1 his mother Bas there in attendance. -his 1iling
oA;iousl! Bould Aene1it 1rom a good edit and more a""ro"riate tone, and Coughlin a"ologiEes in
ad;ance 1or an! untoBard commentar!, "articularl! an! in;ol;ing the Court, Bhom Coughlin has
great res"ect 1or and considers unmatched, at least in Ne;ada, res"ecting the aAilit! to alloB litigants
and de1endant to sa! Bhat it is the! reall! 1eel Bithout the threat o1 a Gsummar! criminal contem"tG
"unishment immediatel! 1olloBing. 7hile there is a N)6 +3.,4+ Declaration contained herein, it is
made Bith the understanding that this 1iling is made on an e/igent Aasis in light o1 the "ro1ound
liDelihood o1 a retaliator! arrest occurring sometime soon, and Bith the ca;eat that com"uter
dictation so1tBare that has not Aeen all that Bell trained !et to CoughlinFs ;oice Bas utiliEed in the
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maDing o1 some o1 Bhat 1olloBs, and that the Brong Bord is inter"reted 1rom CoughlinFs s"eech at
times.
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(. %n 8ugust 0,th, 0,(( at aAout ((:(+ "m de1endant Zachar! BarDer Coughlin arri;ed at
the Best side o1 the sDate "laEa at (, N. Center 6t. in 1ront o1 )enoFs Cit! 3all and the Cal>Ne;ada
"arDing garages. 7ithin a minute or tBo o1 sto""ing there and resting 1or a minutes Bith his dog,
4acDson $aBlucD, a three !ear old $eDingese Coughlin Bould taDe on dog runsHAiDe rides
occasionall! carr!ing $aBlucD Bith him on the AiDe# Coughlin, Bhile stationed at the Best side o1
the "erimeter o1 the sDate "laEe ;ieBed and heard Gthe man Bith a si/ "acDF hold u" an i$hone and
indicate that he had Cust 1ound it on the ground there, and that he Bas o11ering it u" 1or someone to
claim. E;entuall!, that man held the "hone alo1t, indicating that this Bas the Glast chanceG and that
he Bas Ggoing to throB it in the ri;erG. 2n the in;estigator! ;ideo and audio recordings taDen A!
Coughlin, Bhich he declares under "enalt! o1 "erCur! he has not altered in an! Ba!, )oAert DaBson
and Nate Zarate admit that the! Aelie;e the Gman Bith the si/>"acDG ga;e Coughlin the "hone Aased
u"on the circumstantial e;idence that the! "ersonall! e!e>Bitnessed Coughlin go u" to the man Bith
the si/>"acD shortl! a1ter he held it alo1t, o11ered it u", and a1ter the man threatened to throB it in the
ri;er i1 someone did not claim it immediatel! Nicole 7atson admits hearing the Gman Bith the si/>
"acDG sa! this, Bhereu"on, in V2DE%,,99, Zarate is seen and heard attem"ting to dissuade her 1rom
sa!ing an!thing 1urther Bith regard to the material 1acts as she Bitnessed them, "articularl! Bhere
the! de"art 1rom the ;ersion Zarate has "ro;ided to the )$D and or in his Bitness statement#.
DaBson and Zarate Aoth admit in the ;ideos taDen A! Coughlin that the! did not "ersonall! e!e>
Bitness the man Bith the si/>"acD gi;e Coughlin the "hone, Aut rather made that in1erence u"on
questioning that man and determining that he no longer had the "hone a1ter Coughlin 1inished
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interacting Bith him. Zarate states something in V2DE%,,99 to the e11ect that he DneB Coughlin
had the "hone Aecause the man Bith the si/>"acD no longer had the "hone u"on their questioning
him. 3oBe;er, in his trial testimon! Zarate indicates, in res"onse to a direct question 1rom 4udge
61erraEEa, that he did, in 1act, G"ersonall! e!e>BitnessG Coughlin Ae gi;en the "hone A! the man a
1ar cr! 1rom the Ggrabbed the "honeG that <oAle and DaBson "re1er to use in descriAing their
GrecollectionG o1 this incident. 6hortl! a1ter the man Bith the si/>"acD held the i$hone alo1t,
Coughlin made a cou"les la"s around a""ro/imatel! hal1 o1 the easterl! side o1 the sDate "laEa, in a
sloB meandering 1ashion, Bherein he distinctl! recalls looDing at =uc! B!ington and Nicole 7atson
a senior at ?c@ueen 3igh 6chool along Bith =uc! B!ington and 8ustin =icht!# as he rode "ast
them, and the! made e!e contact Bith him. Coughlin then once again sto""ed riding his AiDe, his
dog in toB, and adCusted his music "la!er, Bhereu"on he Bas accosted A! three !ounger men, Bhom
a""roached Coughlin together, in unison: Core! <oAle, 8ustin =icht!, and the man Bhom until
1urther identi1ied Bill Ae re1erred to as G5.C <u!G, an earl! tBenties male Bith 1rosted Alond
highlights in his darD hair, gauged earloAes meaning he had Bind Aottle corD liDe items squeeEed
into holes 1ashioned in his earloAes#, and an G811lictionG laAel t!"e AlacD t>shirt.
0. <oAle immediatel! demanded Coughlin gi;e him AacD <oAleFs "hone. <oAle testi1ied that
Coughlin indicated that he did not ha;e an! "hone that Coughlin s"eci1icall! DneB Aelonged to
<oAle. 2mmediatel! <oAle and his tBo other initial aggressors Aecame hostile Bith Coughlin and
attem"ted to reach in CoughlinFs "ocDets, graA his AiDe and dog, and otherBise escalate the situation
to one "otentiall! in;ol;ing ;iolence. Coughlin did not 1eel a "hone ;iArate or hear an! sort o1
sounds at all an! "hone during this or an! other time that night, nor did he Bitness a "honeFs screen
lighting u" to indicate an incoming call or other such noti1ication, much less those associated Bith a
;iArating ringer at an!time near or around the ((:0( "m time Zarate alleges he called the "hone. -he
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1act that a "hone had Cust Aeen o11ered u" to all Bithin, sa!, (,, !ards thatFs hoB loud the man Bith
a si/ "acD announced he Bas o11ering u" the "hone, and that he Bas going to throB it in the ri;er i1
someone did not claim it immediatel!# in an e/tremel! im"lausiAle manner, 1raught Bith the
"ossiAilit! o1 a 1ree 1or all 1or it, made Coughlin more than a little Bar! o1 the "ossiAilit! that an!
such "hone Bas not the !ouths, and that the! Bere Cust late to an! alleged claiming o1 the "hone 1rom
the ri;erFs gras", and or that ;iolence ma! ensue, or "ossiAl!, that an! such "hone ma! Ae one o1
theirs, and that a Brong1ul "rosecution 1or larcen! against Coughlin could ultimatel! occur, des"ite
the 1act that Coughlin lacDed an! larcenous intent that night. -here has !et to Ae an! ;alid,
uncontradicted, un"erCured testimon! or o11er o1 e;idence that Bould not Ae suACect to the
e/clusionar! rule u"on a a "ro"er a""lication o1 it u"on actual Eealous ad;ocac! Aeing "er1ormed# to
indicate that Coughlin Bas in "ossession o1 the i$hone <oAle alleges Bas his. Coughlin Bondered at
the time, that, assuming he Bas in "ossession o1 the "hone, Bhether he Bould Ae cul"aAle i1 his intent
Bas alBa!s to determine Bhat the laB required o1 him in such an unusual situation, Bhere, had
Coughlin not, h!"otheticall!, claimed the "hone, it Bould ha;e Aeen rendered com"letel! Borthless
A! Aeing GthroBn in the ri;erG. 6uch a h!"othetical situation Bould Ae signi1icantl! di11erent than a
mere Glost or mislaid "ro"ert! as larcen!G scenario. Any further argument herein directed to the
idea that Coughlin was in possession of any phone belonging to Goble, or anyone other than
Coughlin, that night, it merely made under a hypothetical construct that assumes Coughlin
did, in fact, have possession of such an item (which has not been established by the State,
rather, the State has offered testimony it knows to be false and purported evidentiary matter
that could have only been obtained through a violation of Coughlin's constitutional rights. 21
Coughlin did, in 1act, oAtain such a "hone 1rom the man Bith a si/>"acD, it Bas arguaAl! aAandoned
"ro"ert! and Coughlin sa;ed it 1rom going in the ri;er. .urther, CoughlinFs intent has alBa!s Aeen
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and Bill alBa!s Ae, to com"l! Bith Bhate;er dut! he had under the laB to 1ind the true oBner,
hoBe;er, sim"l! turning a "hone o11ered u" in such a "uAlic manner to hostile and questionaAl!
Aeha;ing !oung adults such as the initial three aggressors to accost Coughlin, did not seem too liDel!
to align Bith an! dut! to 1ind the "honeFs true oBner that Coughlin ma! ha;e had. 7hat ha""ened
therea1ter has largel! Aeen ca"tured on ;ideo or audio, Aut, essentiall!, CoughlinFs action indicated an
intent to "rotect himsel1 1rom Brong1ul "rosecution and or an! ;iolence to an!one ensuing, and,
"erha"s, to, hoBe;er ill>ad;isedl!, see Bhat the state o1 the .ourth 8mendment Bas in )eno,
Ne;ada, not an intent to maDe aBa! Bith a "hone not Borth I', at the time, es"eciall! a1ter such a
"uAlic dis"la! o1 consternation as to Bhom the "honeFs true oBner Bas.
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2n Ne;ada, its is ;er! im"ortant to consider Bhether the requisite intent Bas there at the time
o1 the alleged act constituting the1t. 2n this case, clearl!, that it Bas not "ossiAle 1or such intent to Ae
"resent at the time o1 the GtaDingG. Intent of finder: E;er! taDing A! one "erson o1 the "ersonal
"ro"ert! o1 another Bithout his consent is not larcen!: and this although it is taDen Bithout right or
claim o1 right. 6u"eradded to this there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an intent to con;ert them aAsolutel! to his
oBn use must coe/ist Bith the act o1 1inding. 2f such intent does not exist at the time of the
finding, Aut, instead, the 1inder intends to restore the "ro"ert! to the oBner, a subsequent
concealment, or fraudulent appropriation, does not constitute larceny. Ne;ada: State v.
Clifford, 14 Nev. 72, 33 Am. Rep. 526 1879# .
6o the rule clearl! deduciAle 1rom the authorities is that i1 the 1inder o1 lost articles neither
DnoBs nor has an! immediate means o1 ascertaining the oBner, and a""ro"riates them to his oBn
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use, he is not guilt! o1 larcen!, Bhate;er ma! Ae his intent at the time. 21 he does DnoB, or has the
immediate means o1 ascertaining, Bho the oBner is, there must Ae a 1elonious intent to steal at the
time of the taking in order to constitute larcen!: and a suAsequentl! 1ormed intent is not su11icient.
BreBer ;. 6tate, 93 8rD. 479, 3, =.).8. N.6.# 339, (0+ 6.7. (07 (9(,#.
)E6$EC-2N< -3E G)ECE2V2N< 6-%=EN $)%$E)-9 C38)<E
JnoBledge or notice as to oBner <enerall!. -he other element o1 the o11ense, in addition to
the intent to taDe com"lete and e/clusi;e dominion o;er the goods 1ound, relates to DnoBledge or
notice as to the oBner. 21 the 1inder, at the time o1 1inding, does not DnoB Bho is the oBner o1 the
"ro"ert!, and there are no marDs thereon, or other circumstances A! Bhich the oBner ma! Ae
disco;ered, the a""ro"riation to the 1inderFs use does not amount to larcen! disco;er the oBner. 6o, it
is not larcen! to a""ro"riate "ro"ert! Bhich one 1inds on a highBa! Bith no marDs to shoB Bho the
oBner is. -!ler ;. $eo"le 2ll.# su"ra: =ane ;. $eo"le (*4*# (, 2ll. 3,+.
Con;ersel!, i1, at the time o1 the taDing, the taDer DnoBs or has means o1 disco;ering the
oBner, it is his legal and moral dut! to hold and restore the goods to him and here, Coughlin
arguaAl! Bould ha;e 1ailed to meet that dut! i1 he merel! handed o;er the i$hone to a laBless,
;iolent, threatening moA o1 sDater !ouths at ((:0* "m in doBntoBn, )eno, Bhere the i$hone had
Aeen loudl! o11ered u" to all deniEens o1 the "laEa therein in a manner that Bas ;er! liDel! to cause a
1ree 1or all#: and i1, under such circumstances, he aAsolutel! a""ro"riates them to his oBn use,
e/cluding the dominion o1 the oBner, it is larcen!. Nevada: 6tate ;. Cli11ord, (4 Ne;. 70, 33 8m.
)e". +0' (*79#.
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COUNT ONE:
7CC +3.(', $etit larcen!:
GDe1inition: "unishment. E;er! "erson Bho:
(. Steals, takes and carries, leads or drives away the personal goods
or property o1 another, under the ;alue o1 I0+,...
commits "etit larcen! and is guilt! o1 a misdemeanor.G
8t -rial, shi1t! old DD8 9oung continued Bith his lacD o1 candor to the triAunal in res"onse
to CoughlinFs 8ugust 09th, 0,(0 $re>-rial ?emorandum and Coughlin, unliDe 9oung, did not sli"
the 1iling o11ice his 1iling Bith a little "ost>it attached to the to" o1 it reading GshoB this to the 4udge
Ae1ore the -rialG liDe DD8 9oung has done "re;iousl!#. DD8 9oung tooD issue Bith the
arguments Coughlin set 1orth therein, s"eci1icall! Bith res"ect to Bhether the 7CC ;ersion o1 "ett!
larcen! that DD8 9oung "ursued included an intent element. DD8 9oung a;erred to the Court
that the charging document did, in 1act, use the Bord intentionall! Bith res"ect to Bhether it
entailed an GintentionalG commission o1 larcen!. -hat is not true, and regardless, DD8 9oung,
des"ite Bhate;er the unAridled and gross e/ercise o1 "oBer AestoBed in him has done to his ego,
does not ha;e the "oBer o1 the legislature, and cannot unilaterall! amend the 7CC merel! A!
inserting a Bord or tBo here or there in the charging document. 7hat 9Fs Com"laint and the
8mended Com"laint reall! included is this:
GZ8C3 9%5N< o1 the Count! o1 7ashoe, 6tate o1 Ne;ada, verifies and
declares upon information and belief and under penalty of perjury, that
Z8C38)9 B8)JE) C%5<3=2N, the de1endant aAo;e>named, has committed
the crime o1: $E-2- =8)CEN9, a ;iolation o1 7ashoe Count! Code +3.(',
and (0+.,+,, a misdemeanor, in the manner 1olloBing, to Bit: -hat the said
de1endant on or aAout the 0,th da! o1 8ugust, 0,((, at )eno -oBnshi", Bithin
the Count! o1 7ashoe, 6tate o1 Ne;ada, did willfully and unlaB1ull! steal, taDe,
and carr! aBa! the "ersonal "ro"ert! o1 another, to Bit: an i$hone o1 a ;alue o1
less than -Bo 3undred .i1t! Dollars I0+,.,,#, said "ersonal "ro"ert! Aeing the
"ro"ert! o1 and oBned A! C%)9 <%B=E, 7ashoe Count!, Ne;ada, Bith the
intent to "ermanentl! de"ri;e the oBner thereo1...G
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2n Ne;ada, its is ;er! im"ortant to consider Bhether the requisite intent Bas there at the time
o1 the alleged act constituting the1t. 2n this case, clearl!, that it Bas not "ossiAle 1or such intent to
Ae "resent at the time o1 the GtaDingG. Intent of finder: E;er! taDing A! one "erson o1 the "ersonal
"ro"ert! o1 another Bithout his consent is not larcen!: and this although it is taDen Bithout right or
claim o1 right. 6u"eradded to this there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an intent to con;ert them aAsolutel! to his
oBn use must coe/ist Bith the act o1 1inding. 2f such intent does not exist at the time of the
finding, Aut, instead, the 1inder intends to restore the "ro"ert! to the oBner, a subsequent
concealment, or fraudulent appropriation, does not constitute larceny. Ne;ada: State v.
Clifford, 14 Nev. 72, 33 Am. Rep. 526 1879# . -he rule that the 1inder o1 "ro"ert! so marDed that
the oBner can Ae ascertained is guilt! o1 larcen! i1 he con;erts it to his oBn use a""lied in case o1 a
Aar o1 Aullion lost 1rom a stagecoach. 6tate ;. Cli11ord, (4 Ne;. 70 Ne;.,(*79#.
6o, it is "rett! oA;ious that 9 is seeDing to get around the di11icult! to the 6tateFs case o1
"ro;ing that Coughlin had the requisite intent, at the time o1 the 1inding, to su""ort a larcen!
charge. .urther, 9 "ursued the 7CC ;ersion o1 larcen! to get around needing to "ro;e intent at all,
Bhether it Ae intent at the time o1 the taDing or 1inding, or some later de;elo"ed Gintent to
"ermanentl! de"ri;eG the oBner thereo1. )egardless, it has Aecome a""arent that the 7CD8
%11ice, in conCunction Bith the )eno Cit! 8ttorne!Fs %11ice, the )$D, the )?C, and the 6BN are
seeDing to com"ile a lethal "astiche o1 laBs, codes, and 6C)s to deal Bith Coughlin, the enfant
terrible o1 the 7ashoe Count! Bar, the red headed ste">child, the 1l! in the ointment, the "esD!
ci;il rights attorne! s"ecialiEing in "olice and "rosecutorial misconduct actions. 9 and the 6BNFs
$at Jing are des"erate to get a con;iction here, e;en i1 the! ha;e to get the con;iction Aased u"on a
7CC "ro;ision that does not include an intent element as "ursuing the N)6 ;ersion o1 larcen! is
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more "roAlematic to 9 in that res"ect#, Bhereu"on one can Ae sure that the 6BN argue that the
GintentG necessar! to su""ort a 6C) ((('# anal!sis was necessaril! "ro;en, conlusi;el!, A! a
con;iction in the "ett! larcen! under the 7CC i$hone -rial.
6C) (,43#: G8 grie;ance against Aar counsel or Aar counselFs sta11 shall Ae in;estigated at
the direction o1 the "resident o1 the state Aar and heard A! the Aoard o1 go;ernors. 8 decision o1 the
Aoard o1 go;ernors against Aar counsel ma! Ae a""ealed to the su"reme court under the Ne;ada
)ules o1 8""ellate $rocedure.G 6uch a grie;ance against $at Jing hath noB come to "ass.
.urther, 6C) )ule (,4(#a#>A# hold that: G6tate Aar counsel.: (. 6tate Aar counsel shall: a#
2n;estigate all matters in;ol;ing "ossiAle attorne! misconduct or inca"acit! called to Aar counselFs
attention, Bhether A! grie;ance or otherBise. A# 6uACect to )ule (,+(#, dis"ose o1 all matters
in;ol;ing alleged misconduct A! dismissal o1 the allegations# or A! the 1iling o1 a Britten
com"laint.
<rie;ances against ;arious attorne!s 1iled as 1ar AacD as ?arch 0,(0 remain unacDnoBledge
A! the 6BN and $at Jing. -he 6BN must not Ae alloBed to install a sort o1 G1ilterG u"on the
grie;ance recei;ing a""aratus, Aut rather, Bar Counsel must com"l! Bith 6C) (,4(#a#>A#, and
then stand Aehind their BorD, "eriod. -his is "articularl! true Bhere Coughlin 1iled a grie;ance
related to his seeDing admission to the 6tate Bar o1 Ne;ada 1olloBing his "assing Bhile a second
!ear laB student, no less# the 4ul! 0,,( Ne;ada Aar e/amination, Bhereu"on $eter Christiansen, 4r.,
Esq. Bas im"ermissAl! coerced u"on Coughlin, and the Character and .itness Committee indicated
on the record that the names o1 Gthree attorne!Fs Billing to re"resent !ou Ae1ore this Committee "ro
AonoG Bould Ae "ro;ided to Coughlin, Bhereu"on Coe 6BoAe tele"hone Coughlin and told him to
go to Christiansen, des"ite a""arentl! DnoBing nothing aAout his quali1ications, Bhich Coughlin
did, in ?a! o1 0,,0, onl! to Ae told A! Christiansen that the re"resentation ChristiansensFs 1irst
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such endea;or to a""ear Ae1ore such Committee in such a matter# Bould Ae I+,,,,, Bhich
Christiansen Bas then "aid u" 1ront. 3oBe;er, therea1ter, on the record and suAmitted to $at Jing
along Bith emails 1rom Christiansen, threatening letters 1rom CK. Committee then Chairman ?iDe
)oBe, Esq., and acts o1 unimaginaAle arrogance and negligence A! then Director o1 8dmissions
$atrice Eichman in unilaterall! 1ailing to suAmit Coughlins ?otion 1or Consideration u"on the
e/"iration o1 the de1errment "eriod o1 CoughlinFs admissions a""lication as entered in a DecemAer
0,,0 %rder o1 the Ne;ada 6u"reme Court des"ite CoughlinFs suAmitting the materials she hersel1
indicated he Bould need to to ha;e as much taDe "lace, des"ite ChristiansenFs o11ice A! then
Christiansen had schle""ed the case o11 to his 1irst !ear associate, ?ichael 6an1t, Bhom dro""ed
e;er! Aall hit his Ba!, rather than Christiansen admit that he I+,,,, Bas Aasicall! 1or Christiansen
to get out o1 Aed that morning o1 the 4une 0,,0 G3earingG Ae1ore the CK. Committee, and no more,
though no actual 1ee agreement or sco"e o1 re"resentation a""ears to ha;e e;er Aeen reduced to
Briting in that regard. -he 1act that Christiansen admitted to Aeing Ggreat, longtime 1riendsG Bith
his 1elloB criminal de1ense attorne!, Je;in Jell!, Esq., and that Christiansen sent Coughlin to a
GgamAling addictionG s"ecialiEing "s!chologist though Coughlin has hardl! e;er gamAled at all in
his li1e, much Ae!ond going to a laB school that Bas not accredited u"on his matriculating there,
and Bhich Bas located in a AomAed out aAandoned grade school Cust o11 the =as Vegas 6tri", Bith
"ro1essorFs o11ices in douAle Bide moAile homes#, Bhom also indicated he Bas great 1riends Bith
Je;in Jell!, Esq., Bhen ;ieBed in comAination Bith Jell!Fs oA;ious 4eD!l and 3!de a""roach ;is
a ;is the 1irst .eAruar! 0,,0 3earing at Bhich Coughlin a""eared "ro se, com"ared to Jell!Fs e;er
so light touch at the 4une 0,,0 3earing Bhere Coughlin Bas re"resented A! Jell!Fs Ggreat, longtime
1riendG $eter Christiansen, 4r., and Bhere Jell!Fs other Ggreat 1riendG, Dr. )oAert 3unter, testi1ied
on CoughlinFs Aehal1. 8 4anuar! 0,,3 letter 1rom then Chairman ?iDe )oBe to Coughlin, in
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res"onse to Coughlin actuall! tr!ing to 1olloB u" on some due "rocess and scheduling questions he
had regarding the DecemAer 0,,0 %rder de1erring the decision on his a""lication 1or admission,
aAsent an! actual ste"s on )oBeFs "art to discern Bh! Christiansen Bas seemingl! utiliEing
Coughlin as a sort o1 associate e;en Bhere Chrisitansen had Aeen "aid, is 1urther shadoB!. -o Ae
1air, though, )oBe "roAaAl! tooD Christiansen at his Bord at the 4une 0,,0 3earing Bhen
Christiansen indicated his re"resentation Bas Aeing done G"ro AonoG, des"ite Christiansen ha;ing
recei;ed a cooD I+J 1or Bhat amounted to 1iling a rather te"id ' "age $re>3earing Brie1, most o1
Bhich Bas a rehash o1 the 1acts 1rom the Notice o1 3earing and a $roo1 o1 6er;ice "age, Bhich
merel! cited to the ClaiAorne decision, and called it a da!. By the way, Kevin Kelly, Esq. has
been on the Character and Fitness Committee of the State Bar of Nevada for over a decade,
all while owning and running the Spearmint Rhino, a Las Vegas strip club that pays cabbies
ten million dollars a year to funnel tourists from the airport to its doors. $at, some attorne!Fs
get disAarred. 6ome, dis the Bar.
SCR 111(6): "Definition of ~serious crime. -he term Lserious crimeM means
(# a 1elon! and 0# an! crime less than a 1elon! a necessary element o1 Bhich
is, as determined by the statutory or common-law definition of the crime,
im"ro"er conduct as an attorne!, inter1erence Bith the administration o1 Custice,
false swearing, misrepresentation, 1raud, Bill1ul 1ailure to 1ile an income ta/
return, deceit, AriAer!, e/tortion, misappropriation, theft, or an attem"t or a
cons"irac! or solicitation o1 another to commit a Lserious crime.M
Coughlin 7C$D, Bira! Dogan, Esq. and DD8 9oung, in the )4C
"rosecution 1or Gmisuse o1 emergenc! ser;icesG 9(( calls#, Bhen considering
their lacD o1 candor to the triAunal, 1airness to o""osing counsel gi;en Coughlin
1iled a Notice o1 8""earance and has the right to re"resent himsel1, and is an
attorne!#, DD89oungFs re"eated instances o1 ;iolating N)6 Bith res"ect to all
matters Aeing sta!ed u"on an %rder 1or Com"etenc! E;aluation Aeing entered
against a "art!, such a Coughlin, and the 1ailure o1 Dogan to alert Coughlin to, or
"ro;ide an! co"! o1 de"site CoughlinFs re"eated Britten demands# the 4ul! 3(st,
0,(0 ?otion to 8mend Com"laint that, u"on 4udge 61erraEEa querr!ing DD8
9oung as to Bhether the D8 e;en needed seeD an %rder alloBing it to so amend
such a Com"laint, res"onded that the D8 did not, Aut that he Bas Cust seeDing
one G1or "ur"oses o1 Dee"ing the record FcleanFG, Bhate;er in the Borld that
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means. 7hen ;ieBed Bith Dogan, 9oung and =eslieFs attem"ts to shu11le
Coughlin on through the ?6C "rocess DD8 9oung indicated, to 4udge
61erraEEa, on the record, Bhile attem"ting to checD o1 the ?6C Ao/ minutes
Ae1ore the 6tart o1 the 8ugust 09th, 0,(0 i$hone "ett! larcen! -rial, that he
antici"ated the ?6C Gonl! taDing a cou"le minutes, at mostG and 1elt it Bas
CoughlinFs GoAstructionistG and Gdi11icultG attitude o1 Gnon>com"lianceG that Bas
"re;enting him 1rom e11ecting his stated goal. DD8 9oung clearl! suAscriAes to
the )$D )on )osaHNicD Duralde school o1 G3oBFs that runninF 1or !aG st!le
retaliation, intimidation, and misconduct.
?ost trouAling aAout Dogan and DD8 9oungFs a""arent cons"irac! to
get an %rder 1or Com"etenc! E;aluation against Coughlin during their
clandestine ?6C o1 0H07H(0 Bhich, again, Coughlin Bas noticed, in Briting, had
Aeen continued out to ?arch 09th, 0,(0#, including im"ermissiAle
communications to the )?C and 4udge Nash 3olmes Bho arguaAl! ;iolated
N)6 A! continuing on Bith the tra11ic -rial Cust minutes a1ter Aeing made aBare
o1 the 0H07H(0 %rder 1or Com"etenc! E;aluation in the )4C A! Dogan and,
"erha"s, A! DD8 9oung as Bell, is DoganFs 1ailure to in1orm Coughlin o1 DD8
9oungFs )$C 3.* ;iolating ?otion to 8mend Criminal Com"laint, Bherein
DD8 9oung seeDs to alter the charge to one that Bould in;oDe a mandator!
6C) ((( $etition in light o1 6C) ((('#Fs de1inition o1 a Gserious crimeG and the
Gstatutor! or common laB de1initionG o1 the crime 1or Bhich DD8 9oung,
though lacDing G"roAaAle causeG su11icient to satis1! his )$C 3.* dut!, sought to
ha;e so amended to an GoAstructing or resisting a "uAlic o11icerG charge, Bhich
o1 course 1its squarel! in the Gserious crimeG de1inition set 1orth in 6C) ((('#.
6o, no, 4udge 61erraEEa, Coughlin Bas not Go;er>laB!ering itG on 8ugust 09th,
0,(0 during the Gonl! taDe a minute at mostG ?6C Dogan and DD8 9oung and
=eslie# sought to sli" "ast 4udge 61erraEEa right Ae1ore the Aig i$hone "ett!
larcen! trial that ma! Bell decide Bhether Coughlin can e;er "ractice laB again
including as a "atent attorne! Ae1ore the 56$-%#. Coughlin, on the record,
risDed going to Cail Bhen he indicated that Bhat Dogan has Cust said Bith res"ect
to Bhether Coughlin oACected to the 6tateFs so amending the Com"laint, in
)C)0,(0>,'+'3, 1rom a gross misdemeanor Gmisuse o1 9((G charge to a
misdemeanor GoAstructing and resisting a "uAlic o11icer chargeG. Coughlin
res"onded to 4udge 61erraEEaFs incredulit! at his oACecting to amending to a
lesser charge Coughlin indicated doing so, hoBe;er counter>intuiti;e, Gma!
somehoB inureG to his Aene1it#, then 4udge 61erraEEa indicated Coughlin
Gde1initel!G Bas Go;er>laB!ering itG...Aut then $eter 4. Bent $eter 4., liDel!
sensing an attem"t to "ull the Bool o;er oneFs e!es, and Aecause Ggame
recogniEe game, real recogniEe realG...4udge 61erraEEa decided to not
countenance Dogan and 9oung attem"ts to lead the )4C and Coughlin Alindl!
and in a ?6C that Gshould onl! last a minute or tBo at mostG "er DD8 9oung#
through their tired, tacD!, hacDne!ed, sordid little "lan. -here is a reason 4udge
61erraEEa is o1ten mentioned as the Aest o1 all the 1ine )4C 4udges A! long time
local attorne!s. Dogan and 9oung, des"ite Aeing Bell aBard o1 the 6e"temAer
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+th, 0,(0 %rder 1or Com"etenc! E;aluation still ha;e 1ailed to ;acate the
?otion 3earing set 1or %ctoAer 0nd, 0,(0 in that regard.
6C) (((7#: G6us"ension on certi1ication. 5"on the 1iling Bith the 6u"reme
Court o1 a "etition Bith a certi1ied co"! o1 "roo1 o1 the con;iction,
demonstrating that an attorne! has Aeen con;icted o1 a serious crime, the court
shall enter an order sus"ending the attorne!, regardless o1 the "endenc! o1 an
a""eal, "ending 1inal dis"osition o1 a disci"linar! "roceeding, which shall be
commenced by the appropriate disciplinary board upon referral by the
supreme court. .or good cause, the court ma! set aside its order sus"ending the
attorne! 1rom the "ractice o1 laB.G
Both Northern Ne;ada Disci"linar! Board Chairman 4. -homas 6usich
and Bar Counsel $atricD %. Jing should 1ace sanctions 1or re"eatedl! 1ailing to
com"l! Bith 6u"reme Court )ules 6C)#. 3ere, 6usich "ur"orts to lea;e the
GschedulingG, and, there1ore Gcommencing A! the a""ro"riate disci"linar! AoardG
u" to the "rosecutor, the 6tate Bar o1 Ne;ada 6BN#. -hat is liDe a 4udge telling
the "rosecutor to decide the case. -hese are sim"le, Aasic, notions o1 due
"rocess, !et Jing and 6usich seem either con1ounded A! them, or unBilling to
demonstrate and 1idelit! to them. -o the e/tent their careers are 1urthered A!
such a lacD o1 1idelit! to 1undamental notions o1 1air "la!, these tBo sellouts
should Ae sanctioned. Coughlin has Aeen asDing 1or a hearing since immediatel!
a1ter the 4une 7th, 0,(0 %rder -em"oraril! 6us"ending CoughlinFs =icense to
$ractice =aB. $erha"s so the! can get their I(,,,, Aond under 6C) ((' in the
e;ent the sus"ension lasts more than ' months, Bhereu"on a N. 6. Ct. %rder
Bould also Ae required, Aut ma! also in an attem"t to "lease those Bith more
Cuice than Coughlin 1ormer 1ederal and state "rosecutors, 4udges, rich
commercial laB attorne!s, other "uAlic and or go;ernmental attorne!s, etc., etc.#
6usich a""ears to Ae, and Jing admits he is, tr!ing to "re;ent the "immediate
hearing" Coughlin is entitled to u"on his 6C) (,04#d# $etition and, arguaAl!,
Bhere one is required Bithin ', da!s o1 the Court re1erring the 6C) ((( $etition
%rder to the Board 1or the Gsole "ur"oseG o1 determining CoughlinFs "unishment
1or one thing, and one thing onl!, the Gserious crimeG o1 "ett! larcen! o1 Ga
cand! Aar and some cough dro"sG Bhich Coughlin has thoroughl! shoBn to ha;e
Aeen rendered 1rom a "roceeding Bholl! de;oid o1 due "rocess. 6ee 37 C.)
((.04, ((.0+, and ((.',.
SCR 111(8): G)e1erral to disci"linar! Aoard. 5"on recei"t o1 a "etition 1iled
under suAsection 4 o1 this rule, demonstrating that an attorne! has Aeen
con;icted o1 a serious crime, the su"reme court shall, in addition to sus"ending
the attorne! in accordance Bith the "ro;isions o1 suAsection 7 o1 this rule, re1er
the matter to the a""ro"riate disci"linar! Aoard 1or the institution o1 a 1ormal
hearing Ae1ore a hearing "anel in Bhich the sole issue to Ae determined shall Ae
the e/tent o1 the disci"line to Ae im"osed...G
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2ts Cust sad to see Bhat has ha""ened to the legal "ro1ession. -hese da!s its Cust an
o""ortunistic, sel1>concerned, social climAing collection o1 Aeta males, Aullies, and "rincesses, Bith
onl! a 1eB actual legitimate male and 1emale attorne!s scattered throughout the Bar. 3oB else does
something liDe a, so 1ar, 1our month sus"ension o1 a laB!erFs license o;er a cand! Aar occurN
Es"eciall! Bhere the con;iction has Aeen so thoroughl! e/"osed. <i;en the recent decision o1 the
Court Bith res"ect to no term limits 1or District 8ttorne!Fs, surel! it Bould maDe sense to "ut an end
to Bhat at times a""ears to Ae the unAridled "oBer o1 some, and the coBering 1ear and
reca"itulation o1 so man! others in the legal communit!. 2n the conte/t o1 all the misdeeds
committed here A! some ma! re1er to as the laB 1irm o1 Dogan, =eslie K 9oung, does not the 1act
that CoughlinFs laB license Bas sus"ended Bithin 1i;e hours o1 Briting an email to the 7CD8Fs
%11ice suggest a certain o;erAroad reach at "la!N 2ts not necessaril! a "oBer1ul "ersonFs 1ault the!
are too "oBer1ul. )ather, it is the silent coBards too sel1 concerned Bith their oBn "ensions at
Bhose 1eet the real Alaim should lie. 8t some "oint, laB!ers should Ae concerned 1or laB!ers, as
the! are the real steBards o1 the legal "ro1essiona and the laB, a1ter Cudges, o1 course. But it taDes
1i;e 1ingers to maDe a 1ist, and 1i;e "er team to run 1ull court, and the egregious e/tent to Bhich the
)eno Cit! 8ttorne! and 7CD8 %11ice ha;e Aeen aAle to countenance misconduct A! the 7C6%
and )$D that is committed to video tape Bhile BreaDing utter ha;oc on CoughlinFs clientFs interests,
to sa! nothing o1 the terriAl! tr!ing e11ects the e;ents occurrring since the *H0,H(( i$hone "ett!
larcen! Brong1ul arrest and e;en AacD to the ?a! 0,,9 Brong1ul termination 1rom 7ashoe =egal
6er;ices# ha;e had on CoughlinFs Bonder1ul, Bonder1ul "arents, ?ar! Eleanor BarDer and -imoth!
D. Coughlin, ?D, and his Arothers and sisters, "aramour, and others suggests a sBan song 1or
Ni1ong need Ae "ing "onged along to the throng Bho Bhat done Bronged Coughlin here. E;en i1
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onl! to send a clarion call out to CourtFs throughout Ne;ada, "olice de"artments, and "rosecutors
aliDe.
-o get an idea o1 hoB horriAl! co>o"ted 6C) ((( can Aecome in the hands o1 "rosecutors
liDe DD8 Zach Ni1ong, er, DD8 9oung, the Cit! o1 )enoFs $amela )oAerts, Christo"her 3aElett>
6te;ens, 4ill DraDe, 8llison %rmaas, and the 6BNFs $atricD %. Jing, one might re;ieB . 6. Ct. case
no: +7'9', 2N )E: D26C2$=2NE %. D8V2D =. -8NNE). Coughlin has Aeen sus"ended o;er
three months noB o;er a Gcand! Aar and some cough dro"sG, Bhereas -anner re"ortedl! had to
maDe resitituion o1 some I(',,,, incident to his "ett! larcen! con;iction. -anner, hoBe;er, did not
seem to dare "oint out an! o1 the constitutional laB issues relati;e to "olice and "rosecutorial
misconduct. 9ou DnoB, Gthe minute detailsG or minutiae that so GAogged doBnG Coughlin. .urther
trouAling is the 1act that the Ne;ada 6u"reme Court ClerDFs %11ice did maDe a notation or otherBise
marD as recei;ed -annerFs %""osition to the 6BNFs 6C) ((( $etition, Bhereas, CoughlinFs,
suAmitted ?a! 04th, 0,(0 in res"onse to the ?a! (,th, 0,(0 6BN 6C) ((( $etition 1iling, Bas not
notated in an! Ba! in the docDet, or a""arentl! Arought to an! 4ustices attention, and onl! a1ter the
4une 7th, 0,(0 %rder sus"ending Coughlin and the nationall! "uAlished 8ssociated $ress article o1
4une 9th, 0,(( detailing G)eno 8ttorne! 6us"ended 1or 6ho"li1ting .rom 7al>?artG did the ClerDFs
%11ice 1inall! 1ile, on 4une (,th, 0,(0, CoughlinFs %""osition to the 6BNFs 6C) ((( $etition. -he
im"lication is clear: in Ne;ada, donFt !ou dare mention the Em"erorFs clothes to the Gold Ao!s and
girls cluAG or otherBise inter1ere Bith the re;enue stream o1 the )?C, or suACect the Cit! o1 )eno
to 40 56C 6ec. (9*3 liaAilit! on account o1 the 1allout sure to ensue Bhen it continues to hire loose
cannons Bhose quali1ications include the un1ortunate characteristics toBards misconduct e/hiAited
here A! Duralde and )osa. -he Cit! o1 )eno could ha;e gotten out o1 this 1or I+,,,,. 2nstead, Cit!
8ttorne! 4ohn G4ohniee .e;erG Jadlic, Esq. ha;e suACected e;er!one to this. 8nd, Dan 7ong aHDHa
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GDon 7angG, $at JingFs aHDHa G$att! 2ceG# old co>BorDer at the 8ttorne! <enerals %11ice in Carson
Cit!, did the same thing )eno Cit! 8ttorne! "rosecutor 8llison GNo ?asG %rmaas did in res"onse
to CoughlinFs re"orting to 7ong the statements made A! )$D %11icer Chris Carter incident to the
No;emAer (0th, 0,(( custodial arrest 1or criminal tres"ass and signing 1o the criminal Com"laint
therein A! o""osing counsel in the e;iction 1rom CoughlinFs 1ormer home laB o11ice noB on a""eal
in the Ne;ada 6u"reme Court in ',33( and the I4,,,+, attorne!Fs 1ee aBard 1or 1ee incurred just on
appeal, incident to the District Court a""eal, in CV((>,3'0*, 1rom the 6ummar! E;iction G-rialG in
)4C )e;0,((>,,(7,* also no on a""eal in Ne;ada 6u"reme Court case '(3*3, the costs associated
Bith Aeing hard to meet gi;en that the )4C is still holding on to a""ro/imatel! I0,,,, Borth o1 Aail
incident to the three charges currentl! "ending against Coughlin, des"ite Coughlin ha;ing ser;ed 4'
da!s in Cail in the 7CDC since 8ugust 0,th, 0,(( alone, in connecdtion Bith the (, se"arate
instances Bhere local laB en1orcement and or the Cudiciar! ha;e arrested Coughlin 1or, inter alia,
Ca!BalDing, disturAing the "eace, 1ailure to secure a load on oneFs trucD, criminal tres"ass at oneFs
1ormer laB o11ice Bhere the 6ummar! E;iction Bas ne;er "ro"erl! ser;ed and the locDout Bas
unlaB1ull! done, allegedl! GstealingG a cand! Aar and some cough dro"s Bhere Coughlin
"ur"ortedl! ate them Bhile sho""ing 1or an! "a!ing 1or I*3.*0 Borth o1 groceries, a summar!
contem"t %rder 1or Coughlin sa!ing G7oBG in res"onse to 4udge Jenneth 3oBard o1 the )?C
re1using to grant a continuance, the 1irst one requested A! Coughlin in the matter, des"ite )ichard
<. 3ill, Esq. a""l!ing an unlaB1ul rent distraint to e/cul"ator! materials and media located at
CoughlinFs 1ormer home laB o11ice, and Bhere the )?C "re;iousl! granted a continuance to the
Cit! o1 )eno one that CoughlinFs then attorne! =eB -aitel agreed to Ae1ore surre"tiousl! AoBing
out o1 the case in light o1 the oA;ious con1lict that should ha;e "re;ented him 1rom taDing on
CoughlinFs re"resentation and ;ieBing con1idential in1ormation thereto, ie, -aitels "artnershi" Bith
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Ne;ada Court 6er;ices, "ur;e!ors o1 Ge;iction consulting ser;ices and "rocess ser;iceG that reeDs
o1 the unauthoriEed "ractice o1 laB, and Bhom Coughlin com"laint o1 criminal tres"ass and sought
to 1ile his oBn criminal tres"ass Com"laint against Bith the Cit! o1 )eno and )$D, to no a;ail, 1or
NC6Fs conduct on multi"le occasions in attem"tign to unlaB1ull! enter CoughlinFs rentals at )i;er
)ocD and at NorthBind 8"arments, and Bhom Coughlin 1iled a ci;il action against, on %ctoAer
(9th, 0,(( in CV((>,3,+(. -he 1act that soon a1ter -aitel recei;ed the con1idential disco;er!
"ro"ounded to him incident to re"resenting Coughlin, )ichard <. 3ill GmistaDenl!G 1iled a
document Bith the )4C that included CoughlinFs social securit! numAer he Cust missed it in the
;oluminous one "age e/hiAit consisting o1 3illFs "olice re"ort to the )$DN# and that 1act that Aoth
-aitel and 3ill s"ecialiEe in Gcollections laBG, is, a Ait trouAling. 2n CoughlinFs s"ectacular
dissection o1 attorne!Fs con;icted o1 "ett! larcen! cases in his 8ugust (3th, 0,(0 $etition Ae1ore the
Ne;ada 6u"reme Court in '(40', is re;ealed the e/tent to Bhich man! such cases in;ol;e more
serious 1elon! o11enses "led doBn to a "ett! larcen!. -he same is t!"icall! the case Bhere an
attorne! is con;icted o1 tres"ass, ie, a "lea agreement !ield such a tres"ass con;iction in lieu o1 a
much more serious o11ense. Coughlin, on the other hand, has Aeen o11ered nothing in the Ba! o1 a
legitimate "lea agreement A! the Cit! 8ttorne!Fs o11ice Bith res"ect to either the "ett! larcen! or the
criminal tres"ass con;ictions GBeFll DnocD o11 the Ca!BalDing charge i1 !ou Billl co" to the
tres"assG, Bhich the! Bould liDe, considering the custodial arrest 1or GCa!BalDingG is imminentl!
actionaAle under 40 56C 6ec. (9*3, and a criminal tres"ass con;iction is something $at Jing
threatens to 1ile an 6C) ((( $etition aAout, that is, unless Coughlin signs on to a 6C) ((7 4oint
DisaAilit! "etition Bith the 6BN and, to Ae sure, 6C) ((7 is clear Bith res"ect to the 1act that
Bhile a disaAilit! 1inding sta!s an! "ending disci"linar! matter, it surel! does not, ultimatel!, maDe
it go aBa!. 6o des"ite ?r. Jing and Bar Counsel Da;id ClarDFs suggestions, it is not "ermissiAle
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to attem"t to coerce an attorne! into Coining in on a 6C) ((7 $etition es"eciall! one as AacDBard,
ignorant, and 1raudulent at the one Jing and Disci"linar! Board Chairman 4. -homas 6usich 1iled
on 4une (*th, 0,(0 against Coughlin in ',97+# A! means o1 dangling the suggestion that an 6C)
((( $etition Aased u"on a criminal tres"ass con;iction Bould, instead, not Ae 1iled. 7hile the
6BNFs $at Jing threatens Coughlin Bith 1iling an 6C) ((('# "etition Aased u"on a criminal
tres"ass con;iction, the modern age, Bhat Bith its dataAases and numAer and te/t searchaAilit! ma!
caution Jing against doing so lest the 6BN Ae 1orced to, JonigsAerg gridHE/cel s"readsheet st!le,
e/"lain Bh! it GchoseG to 1ile a Gmandator!G 6C) ((( $etition here or there Bhere it 1ailed to here
or there. .urther, some interesting things are re;ealed u"on a re;ieB o1 such a data set taDe the
names o1 attorne!s on the BarFs rolls and run it against a dataAase o1 "ett! larcen! con;ictions, then
cross that against entries 1or 6C) ((( $etitions on the docDet, and Bhat do !ou getN Does it re;eal
a Ait more GdiscretionG than the 6BN Bould liDe to admit ha;ing ;is a ;is 6C) (((N 2s there an
estaAlished "attern o1 1a;oraAle "lea agreements Aeing o11ered to attorne!Fs charged Bith 6C)
((('# t!"es o1 o11enses Bhere such attorne!Fs G"la! AallG Bith the "rosecutors or their ci;il laB
counter"arts across the hallBa! at the Cit! 8ttorne!Fs or District 8ttorne!Fs %11icesN#.
8ssistant Bar Counsel $at JingFs conduct here has gone Ae!ond Brong1ul. .rom his
"ur"orting to alloB Coughlin to ;ieB the grei;ancesHcom"laints, and accom"!ing materials
suAmitted against him Bhich Jing re1used to do 1or months and still to this da! 1ails to 1ull! alloB
Coughlin access to, including the matter o1 Bho 1iled the Aar grie;ance consisting o1 .amil! Court
4udge =. <ardnerFs 8"ril 0,,9 %rder 1or 6anctions against Coughlin>so 1ar that grie;ance has an
Gimmaculate rece"tionG t!"e qualit! to it, "erha"s Aecause it Bould Ae a Ait untoBard to admit that
)?C 4udge 7. <ardner 1ailed to recuse himsel1 1rom Aoth CoughlinFs criminal tres"ass -rial and
the aAominaAle 4ul! +th, 0,(0 Aail hearing in )?C (0 C) (040,, Bherein 4udge <ardner
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im"ermissiAl! raised CoughlinFs Aail on a Aasis not alloBed under Ne;ada laB and clearl!
indicated in his Bench BooD#. 4udge 7. <ardner raised CoughlinFs Aail 1rom a AondaAle I(,4(+ to
a cash only I3,,,, I(,,,, "er charge#, coerced consent 1rom Coughlin to access his "ri;ate
medicalHmental health records Bith the hel" o1 1ormer "rosecutorH)?C a""ointed de1ender Jeith
=oomis Bhom Coughlin 1iled a Aar grie;ance against Bhich $at Jing dis"osed o1 in record time,
ie, less than one BeeD a1ter recei;ing it Bith aAsolutel! no 1urther inquiring Aeing undertaDing so 1ar
as con1erring Bith Coughlin, though the 6BN did re;eal that such a grie;ance had Aeen 1iled to
7C$D 4im =eslie Bhen the 6BN also in1ormed =eslie, incorrectl!, that grie;ance had not Aeen
1iled against =eslie himsel1, des"ite e/actl! that Aeing suAmitted to the 6BN on 8ugust 04th, 0,(0.
2t is time 1or the 6BN, and ClerDFs o1 Court throughout Ne;ada, to cease "icDing and choosing Bho
can 1ile Bhat, sometimes in ;iolation o1 N)C$ +e#, 6C) (,4, the 7hitman, 6ulli;an, Barnes, and
Donoho decisions, and Aasic due "rocess "rinci"les.
-he onl! sensiAle thing 1or Disci"linar! Board Chairman 6usich to do here is aAide A! the
1olloBing: 2ssue o1 con;icted 1ederal CudgeFs disci"line Bould not Ae re1erred to Disci"linar! Board
1or e;identiar! re;ieB Bhere 6tate Bar Board o1 <o;ernors had declined to re;ieB record on
ground o1 inadequate resources, and Disci"linar! Board had e;en less ca"acit! to undertaDe tasD.
6u".Ct.)ules, )ule (((. 6tate Bar o1 Ne;ada ;. ClaiAorne, (9**, 7+' $.0d 4'4, (,4 Ne;. ((+.
DonFt Ae an attacD dog 1or the rich and "oBer1ul, and i1 !ou undertaDe such a tasD, DnoB Bhen to
AacDs u" o11 o1 it and set !our cu" doBn Bhen !ou come across an attorne! Bith enough game to
shut doBn cron! toBn insert sloB motion ;ideo montage o1 1oregoing e;ents set to -enacious DFs
GCit! 3allG#. 8sD -om %rlich or $ete $adgett hoB Coughlin does Bith douAle and tri"le teams, and
Bhate;er other gimmicD! schemes that ma! Ae throBn his Ba!. 2ts gonna Ae all "um" 1aDes,
G"atented s"in mo;eG, u" and unders, o11 glass, de1t le1t hand, G?c3aleFs 6Ba!EeeG, and tri"s to the
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1ree throB line 1or Coughlin. Coughlin is the 6tate o1 Ne;adaFs all>time leader in 1ree throBs
attem"ted in high school AasDetAall, indicating he has Aeen DnoBn to GBorD the re1sG Bhether the
Bear stri"ed shirts, or, some might sa!, AlacD roAes and still oBns the record 1or most "oints scored
in a season at Ne;adaFs oldest high school, )eno 3igh no, ElDo, that doesnFt count, either#, Bith
''( "oints in (99+. -hose ''( "oints Bere scored Bhile shooting '+.4O 1rom the 1ield, still good
enough 1or eighth "lace all>time on in the National .ederation o1 3igh 6choolFs )ecord BooD, the
onl! indi;idual entr! 1rom the state o1 Ne;ada 1ound therein, and suggesti;e that Coughlin, contrar!
to the I4,,+,, attorne!Fs 1ees aBard against Coughlin "ersonall! in the a""eal o1 the e;iction 1rom
his 1ormer home laB o11ice in CV((>,3'0*, does ha;e the aAilit! to Cudge Bhether something is a
Gslam dunDG or not ie, Bhether, under Anvui a genuine, material issue o1 1act or laB e/ists#.
7hether an con;iction in the i$hone "ett! larcen! 7CC ;ersion trial Bould amount to a
6C) (((0# Gserious crimeG liDel! ma! in;ol;ed an anal!sis o1 the 1olloBing authorit!:
Gclient# and a man "osing as someone elese# e/ecuted
the Aill o1
sale Bith 6loanFs assistance in 6loanFs o11ice...8ccording
to 6loan, =amA led him to
Aelie;e at this time note: months a1ter the e/ecution o1
the Aill o1 sale# that Aoth =amA and BrinDerho11 had Aeen
in;ol;ed in a 1raudulent scheme concerning the sale o1
stolen 1arm equi"ment.
6loan did not contact the authorities aAout the in1ormation
he recei;ed 1rom =amA. 6loan,
hoBe;er, Bas later a""roached A! the 7ashoe Count!
District 8ttorne!Fs %11ice aAout the
sale o1 the stolen tractor, and 6loan then e/"lained to the
District 8ttorne! that he had not
DnoBn the tractor Bas stolen at the time he "re"ared the
Aill o1 sale. 6loan 1urther e/"lained
that he had not gone to the authorities Bith the
in1ormation he recei;ed 1rom =amA in %ctoAer,
Aecause he Aelie;ed the in1ormation Bas Lcon1idential.M
Ne;ertheless, on 8ugust *, (9*,,
the District 8ttorne!Fs o11ice oAtained a grand Cur!
indictment against 6loan, charging
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him Bith one count o1 1orger! o1 con;e!ance, a 1elon! in
;iolation o1 N)6 0,+.((+. -he indictment charged 6loan
Bith ha;ing intentionall! and DnoBingl! assisted in
"rocuring ?iDe
8ndersonFs 1raudulent signature as 7illiam =arson on the
Aill o1 sale 1or the tractor...
6loan later mo;ed to ha;e the charge against him se;ered
1rom the charges against =amA
and 8nderson, Aut the district court denied the motion.
6loan then Aecame concerned aAout
the ad;erse "uAlicit! he Bas recei;ing as a result o1 the
charge against him, and he 1eared that
the "uAlic Bould im"ro"erl! associate him Bith =amA and
8nderson as a result o1 the
trial courtFs 1ailure to se;er the charges. Consequentl!,
6loan engaged in "lea negotiations
Bith the District 8ttorne!Fs %11ice. 5ltimatel!, 6loan
agreed to "lead nolo contendere to one
count o1 Lcons"irac! to commit the crime o1 Aeing an
accessor! to a 1orged con;e!ance,M a
gross misdemeanor. -he "lea Bas entered "ursuant
to...8l1ord...Bith 6loan re1using to admit his guilt.
8dditionall!, the "lea Bas s"eci1icall! Aased on 6loanFs
1ailure to disclose the 1raudulent nature o1 the transaction
Bhen he learned o1 it in %ctoAer, and Bas not Aased on
an! Brongdoing on 6loanFs "art Bith regard to the
transaction itsel1. .olloBing his "lea, the district court
1ined 6loan I+,,...
...%n No;emAer 0(, (9*4, the 6tate Bar o1 Ne;ada
"etitioned this court "ursuant to 6C) (((
to sus"end attorne! 6loan tem"oraril! 1rom the "ractice o1
laB "ending the 1inal dis"osition o1
Aar disci"linar! "roceedings against 6loan. .N0 -he 6tate
Bar argued that the tem"orar! sus"ension Bas Barranted,
on the ground that 6loan had Aeen con;icted o1 a Lserious
crime,M as
de1ined in 6C) ((( 0#. -his court, hoBe;er, concluded
that a suAstantial question e/isted as
to Bhether 6loanFs con;iction did in 1act constitute a
con;iction 1or a serious crime Bithin the
meaning o1 6C) ((( 0#. 8ccordingl!, Be re1used to
sus"end 6loanFs license tem"oraril!, and
Be directed the Disci"linar! Board to determine Bhether
6loan Bas in 1act con;icted o1 a serious
crime Barranting sus"ension or other disci"line.
.N0. 6C) ((( "ro;ides in "art:
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(# 5"on the 1iling Bith the su"reme court o1 a certi1icate
o1 con;iction demonstrating
that an attorne! has Aeen con;icted o1 a serious crime, as
de1ined in this rule ...
the court shall enter an order sus"ending the attorne! ...
"ending 1inal dis"osition o1 a
disci"linar! "roceeding, Bhich shall Ae commenced A! the
a""ro"riate disci"linar!
Aoard u"on notice o1 con;iction....
0# -he term Lserious crimeM means (# a 1elon! and 0#
an! crime less than a 1elon!
a necessar! element o1 Bhich is ... im"ro"er conduct o1 an
attorne!, inter1erence Bith
the administration o1 Custice ... misre"resentation, 1raud ...
deceit ... or an attem"t or a
cons"irac! or solicitation o1 another to commit a Lserious
crime.M
.olloBing a hearing on the matter, the Disci"linar! Board
1ound that 6loan had indeed
Aeen con;icted o1 a Lserious crime,M P44, and
recommended that 6loan Ae sus"ended 1rom
the "ractice o1 laB 1or a "eriod o1 nine months, and that he
Ae assessed the costs o1 the disci"linar!
"roceedings. -his a""eal 1olloBed.
D26C5662%N
%n a""eal 6loan contends, among other things, that the
Board erred A! concluding that the
o11ense o1 Bhich he Bas con;icted constituted a serious
crime. .or the reasons set 1orth AeloB,
Be agree.
6C) ((( 0# de1ines a Lserious crimeM as Aeing an!
1elon!, or an! crime less than a 1elon!
a necessar! element o1 Bhich is PP333 Lim"ro"er conduct
as an attorne!, inter1erence Bith the
administration o1 Custice ... misre"resentation, 1raud ...
deceit ... or an attem"t or a cons"irac!
or solicitation o1 another to commit a Qserious crime.R M 2n
the "roceedings AeloB, counsel 1or
the 6tate Bar argued that 6loanFs con;iction Bas Aased on
1raudulent conduct committed A!
6loan. 6"eci1icall!, counsel argued that 6loan Bas aBare
at the time he "re"ared the Aill o1
sale 1or BrinDerho11 that a 1raud Bas Aeing committed, and
that 6loan Bas there1ore a DnoBing
"artici"ant in the 1raudulent act. -he e;idence in the
record, hoBe;er, clearl! indicates that
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6loan did not ha;e DnoBledge o1 the 1raudulent act until at
least tBo months later Bhen he
Bas contacted A! =amA and ad;ised o1 the stolen nature o1
the 1arm equi"ment and o1 the 1act
that ?ichael 8nderson had "osed as 7illiam =arson.
.urther, 6loanFs 8l1ord "lea Bas s"eci1icall!
Aased on his 1ailure to re"ort the 1raud rather than on his
acti;e "artici"ation in the
1raud. .inall!, Be note that during the oral argument o1
this a""eal, 6tate Bar counsel conceded
that 6loan, an unDnoBing "artici"ant in the 1raud, Bas
~unwittingly used A! 8nderson
and =amA to commit the 1raud. 8ccordingl!, Be conclude
that 6loan Bas not guilt! o1 an!
1raudulent Aeha;ior.
-he 6tate Bar, hoBe;er, contends that a""ellantFs
con;iction should Ae ;ieBed as a
~serious crime Barranting sus"ension sim"l! Aecause
the crime to Bhich 6loan "leaded
guilt! Bas denominated a Lcons"irac!.M -he Bar
a""arentl! Aelie;es that the mere laAeling o1
the crime as a cons"irac! Barrants sus"ension regardless
o1 the underl!ing 1acts o1 the o11ense.
7e disagree.
S(TS0T 2n a disci"linar! "roceeding, it is the dut! o1 this
court to looD Ae!ond the laAel gi;en
to a con;iction in order to determine Bhether the
underl!ing circumstances o1 the con;iction
Barrant disci"line. 6ee generall! 2n re Cochrane, 90 Ne;.
0+3, +49 $.0d 30* (97'#.
=ooDing to the true nature o1 the 1acts as conceded A! the
6tate Bar, it is a""arent that 6loan
did not engage in a cons"irac!, nor did he e;er admit to a
cons"irac! Bhen he entered
his "lea. 2n 1act, it a""ears that 6loan did not engage in
an! criminal conduct Bhatsoe;er, and
that 6loan actuall! entered a "lea to a non>e/istent
o11ense. 6"eci1icall!, Be DnoB o1 no statute,
and Bar counsel has "ointed to none, Bhich Bould maDe it
an o11ense to 1ail to disclose to
the authorities that a crime has taDen "lace. 8ccordingl!,
under the circumstances o1 this case,
Be must conclude that the Board erred A! concluding that
6loan Bas con;icted o1 a serious
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crime Bithin the meaning o1 6C) ((( 0#.G 6loan ;. 6tate
Bar o1 Ne;ada, (,0 Ne;. 43', at 44( 70' $.0d 33,, at 3*+
Ne;.,(9*'#. em"hasis added#.
But, rememAer, 9 amended his Com"laint, in sus"icious connection Bith the ;ideo o1 the
arrest a""earing on BBB.!outuAe.com and Duralde sudden creation o1 a Narrati;e on No;emAer
0*th, 0,((, o;er three months a1ter the arrest and, rememAer, the )?C 4udge Jenneth 3oBard
and Cit! o1 )eno "rosecutor $amela )oAerts, Esq., aAsolutel! threB the liArar!, not Cust the AooD at
Coughlin tBo da!s later on No;emAer 3,th, 0,(( at -rial in )?C (( C) 00(7' Bhen Coughlin
Bas denied his 6i/th 8mendment )ight -o Counsel, Bith onl! and indication 1rom 4udge 3oBard
that the charge t!"icall! does not result in Cail time and the 0,,* Ne;ada Courts o1 =imited
4urisdiction Bench BooD and 0,(, 6u""lement# e/"licitl! sets 1orth the Ainding, mandator!
"recedent o1 8ingersinger, Bhich states that the Gmere "ossiAilit!G o1 Cail time results in a 6i/th
8mendment requirement 1or a""ointed counsel, and gi;en that 4udge 3oBard sentenced,
summaril!, "racticing attorne! Coughlin to three da!s in Cail, Aeginning right then>the ?arshals
rushed u" to Coughlin at 9 "m at night at the -rialFs conclusion and 1orced cu11s on him, re1using to
alloB Coughlin to e;en sa;e his trial notes on his com"uter, and 4udge 3oBard denied CoughlinFs
?otion 1or 6ta! the second Coughlin 1inished uttering the Bord G6ta!G, re1using to alloB an!
argument thereto, including Bhether CoughlinFs clientFs Bould Ae undul! "reCudiced, Ae!ond 4udge
3oBard curtl! mentioning hoB terriAl! GsaddenedG it made him to thinD o1 the damage that might
Ae done to CoughlinFs clientFs interests A! the summar! contem"t %rder and immediate
incarceration. -he lacD o1 due "rocess in that case is set 1orth in e/"licit details in the 1ilings,
a;ailaAle on the Ne;ada 6u"reme CourtFs BeAsite, in '(*3*#.
DD8 9oung chose to charge Coughlin Bith the "etit larcen! code section 1ound in the
7ashoe Count! Code. 3e did that 1or a reason. 2ts easier to a get a con;iction under 7CC +3.(',
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o1 "etit larcen!, gi;en the 1act that GintentG is not an element in 7CC +3.(',, Bhile it is a required
element o1 the N)6 ;ersion o1 "etit! larcen! in N)6 N)6 0,+.04, Bhich is too Aad, Aecause N)6
0,+.,*30 Bould ha;e hel"ed DD8 9oung get the language he needs to attem"t to maDe Glost,
mislaid or aAandondedG "ro"ert! a suACect o1 "etit larcen!. 3oBe;er, DD8 9oung must taDe the
good Bith the Aad. -he good aAout 7CC +3.(',: he doesnFt need to "ro;e Coughlin had the intent
to steal. -he Bad: there is nothing in the 7CC that accom"lished Bhat N)6 0,+.,*30d# does 1or
the N)6 ie, de1ines the1t to include situations Bhere one,, under N)6 0,+.,*30d# : GComes into
control o1 lost, mislaid or misdeli;ered "ro"ert! o1 another "erson under circumstances "ro;iding
means o1 inquir! as to the true oBner and a""ro"riates that "ro"ert! to his or her oBn use or that o1
another "erson Bithout reasonaAle e11orts to noti1! the true oBner.G#. Good with the bad. Too
bad for DDA Young, he is stuck with WCC 53.160 and the WCC is general because that is
what he put in his Complaint and Amended Complaint, and the WCC does not define "theft"
the same way that the NRS does under NRS 205.0832(d). 2t Bould sim"l! Ae "reCudicial to
alloB DD8 9oung to "icD and choose Aits o1 codes and laBs here and there and maDe a "astiche
Bith Bhich to charge and "rosecute 1rom.
6ee, N)6 0,+.04,, has an GintentG com"onent to it: N)6 0,+.04,:
G$etit larcen!: "enalt!. (. E/ce"t as otherBise "ro;ided in N)6 0,+.00,,
0,+.00', 0,+.00* and 47+.(,+, a "erson commits "etit larcen! i1 the "erson: a#
Intentionally steals, taDes and carries aBa!, leads aBa! or dri;es aBa!: (#
$ersonal goods or "ro"ert!, Bith a ;alue o1 less than I'+,, oBned A! another
"erson:
8nd this is the section DD8 9oung Bould "roAaAl! liDe to see gra1ted onto the 7CC to
maDe it so he could charge 7CC +3.(', getting around the intent element# Bhile also ha;ing the
aAilit! to de1ine Gthe1tG or Glarcen!G to include situations Bhere one GComes into control o1 lost,
mislaid or mis>deli;ered "ro"ert! o1 another "erson under circumstances "ro;iding means o1
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inquir! as to the true oBner and a""ro"riates that "ro"ert! to his or her oBn use or that o1 another
"erson Bithout reasonaAle e11orts to noti1! the true oBnerG:
N)6 0,+.,*30 8ctions Bhich constitute the1t.
G(. E/ce"t as otherBise "ro;ided in suAsection 0, a "erson commits the1t i1,
Bithout laB1ul authorit!, the "erson DnoBingl!:...
d# Comes into control o1 lost, mislaid or misdeli;ered "ro"ert! o1 another "erson
under circumstances "ro;iding means o1 inquir! as to the true oBner and
a""ro"riates that "ro"ert! to his or her oBn use or that o1 another "erson Bithout
reasonaAle e11orts to noti1! the true oBner.G
Certainty and particularity--In general: Crime must Ae charged in indictment Bith
precision and certainty and every ingredient of which it is composed must be accurately and
clearly alleged. %rnelas ;. 5nited 6tates, (9+', 03' ..0d 390.
Indictment And Information>> 2n1ormation alleging that the de1endant aided and aAetted
1our murders needed to specify how he did so. E;ans ;. 6tate, 0,,(, 0* $.3d 49*, ((7 Ne;. ',9,
rehearing denied. 8n indefinite indictment deprives defendant of notice o1 "articular act
alleged to ha;e Aeen committed A! accused and deprives defendant of his ability to defend
properly against accusation, and there1ore inde1inite indictment denies defendant his
fundamental rights. 5.6.C.8. Const.8mends. +, (4. 7right ;. 6tate, (9*+, 7,( $.0d 743, (,(
Ne;. 0'9.
Purpose of requirement, certainty and particularity>> $rinci"al "ur"ose o1 indictment is
to provide defendant with description of charges against him in sufficient detail to enable
him to prepare defense and "lead douAle Ceo"ard! in later "rosecution: hoBe;er, indictment is
not constitutionall! de1ecti;e i1 it states elements o1 o11ense charged Bith sufficient clarity to
apprise defendant of what to defend against. 5.6.C.8. Const.8mend. Ne;ius ;. 6umner, (9**,
*+0 ..0d 4'3. 8ccusation must include such a descri"tion o1 the acts alleged to ha;e Aeen
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committed as Bill enaAle the accused to de1end against the accusation. N.).6. (73.,7+, suAd. (.
6heri11, ClarD Count! ;. BlasDo, (9*0, '47 $.0d 37(, 9* Ne;. 307. Generally, an information
which charges an offense solely in terms of conclusory language does not provide adequate
notice of the charges to accused and therefore does not state a public offense. =emAeres ;.
6tate, (9*(, '34 $.0d (0(9, 97 Ne;. 490. 2n the in1ormation, the "rosecution is required to maDe a
de1inite statement o1 1acts constituting the o11ense in order adequatel! to noti1! the accused o1 the
charges and to "re;ent the "rosecution 1rom circum;enting the notice requirement A! changing
theories o1 the case. N.).6. (73.,(+, (73.,7+, suAd. (. 6heri11, ClarD Count! ;. =e;inson, (979,
+9' $.0d 030, 9+ Ne;. 43'. 2ndictments Bhich set out statements o1 acts constituting the o11enses
in such a manner as to in1orm the accused Bith reasonaAle certaint! o1 the s"eci1ic o11ense Bith
Bhich he is charged are su11icient. 6tate ;. Benigas, (979, +94 $.0d 704, 9+ Ne;. 3+*. 8ccused
has right to Ae in1ormed o1 nature and cause o1 accusation against him and must Ae a11orded a
reasonaAle o""ortunit! to oAtain Bitnesses in his 1a;or. Zessman ;. 6tate, (97*, +73 $.0d ((74, 94
Ne;. 0*.
50 Am. 1ur. 2d Larceny 58. Abandoned, lost, or mislaid propert!:
?ost modern authorit! holds that larcen! ma! Ae committed Bhen a "erson 1inds
and retains an oBnerFs lost "ro"ert!,S(T so long as it Bas the 1inderFs intent to
de"ri;e the oBner o1 the "ro"ert!.S0T -o estaAlish the o11ense o1 the1t o1 lost or
mislaid "ro"ert!, the state must "ro;e: (# that the "ro"ert! Bas lost or mislaid,
0# that the de1endant DneB or learned the oBnerFs identit! or learned o1 a
reasonaAle method o1 identi1!ing the oBner, and +, 8m. 4ur. 0d =arcen! U +* 3#
that the de1endant 1ailed to taDe reasonaAle measures to return the "ro"ert!.S3T
7hen one acquires lost "ro"ert! Bhich he or she DnoBs to ha;e Aeen lost or
mislaid and does not taDe reasonaAle measures to return it to its oBner, the
acquirer commits larcen! i1 his or her intent is to dis"ose o1 the "ro"ert! 1or the
acquirerFs oBn Aene1it or that o1 another "erson.S 4T -aDing or Bithholding o1
such "ro"ert! is not Brong1ul unless the 1inder 1ailed to taDe reasonaAle measures
to return the "ro"ert! to its true oBner.S+T -here is authorit! that there can Ae no
con;iction 1or the o11ense o1 the1t o1 lost or mislaid "ro"ert! Bithout su11icient
e;idence that the "ro"ert! Bas actuall! lost or mislaid.S'T %ther authorit! states
that, Ae1ore larcen! o1 such "ro"ert! ma! Ae charged, there must Ae e;idence that
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the oBner still claims a right or interest in the "ro"ert!.S7T Abandoned property
is not the subject of larceny,S9T Aecause "ro"ert! that has Aeen ;oluntaril!
aAandoned A! the oBner Aecomes suACect to a""ro"riation A! the 1irst taDer or
1inder, Bho acquires it aAsolutel!.S(,T -he ?odel $enal Code "ro;ides that a
"erson Bho comes into control o1 "ro"ert! o1 another DnoBing it to ha;e Aeen
lost, mislaid, or deli;ered under a mistaDe as to the nature or amount o1 the
"ro"ert! or the identit! o1 the reci"ient is guilt! o1 the1t i1, Bith a "ur"ose to
de"ri;e the oBner o1 it, the "erson 1ails to taDe reasonaAle measures to restore the
"ro"ert! to the one entitled to ha;e it.S((T
S.N(T =ong ;. 6tate, 33 8la. 8"". 334, 33 6o. 0d 3*0 (94*#: Calhoun ;. 6tate,
(9( ?iss. *0, 0 6o. 0d *,0 (94(#: 6tate ;. Jau1man, 3(, N.7.0d 7,9 N.D.
(9*(#: 6tate ;. ?acD, 3( %r. 8"". +9, +'9 $.0d '04 (977#: 6tate ;. 4im, (3 %r.
8"". 0,(, +,* $.0d 4'0 (973#. 8s to stra! animals, see UU +4, ++. 8s to Bhen
1inder o1 lost goods ma! Ae guilt! o1 larcen!, see U **. S.N0T 6tate ;. ?oore, 4'
N.C. 8"". 0+9, 0'4 6.E.0d *99 (9*,#. S.N3T 6tate ;. 6mith, 07' ?ont. 434, 9('
$.0d 773 (99'#. S.N4T $eo"le ;. Dadon, ('7 ?isc. 0d '0*, '4, N.9.6.0d 40+
Cit! Crim. Ct. (99'#. S.N+T 6tate ;. E;ans, ((9 2daho 3*3, *,7 $.0d '0 Ct.
8"". (99(#. S.N'T 6tate ;. ?acD, 3( %r. 8"". +9, +'9 $.0d '04 (977#. .loral
designs "laced u"on a gra;e are o1 ;alue to their donors so long as the! remain in
a condition to ser;e the intended "ur"ose, Aut Bhen the! ha;e Bithered and died
the! cease to Ae the suACect o1 larcen!. Busler ;. 6tate, (*( -enn. '7+, (*4
6.7.0d 04 (944#. S.N7T 6hedd ;. 6tate, 3+, 6o. 0d (,*+ .la. Dist. Ct. 8"". (st
Dist. (977#. S.N9T Morissette v. U.S., 342 U.S. 246, 72 S. Ct. 240, 96 L. Ed.
288 (1952); Com. v. Wetmore, 301 Pa. Super. 370, 447 A.2d 1012 (1982).
S.N(,T 8m. 4ur. 0d, 8Aandoned, =ost, and 5nclaimed $ro"ert! U 07. S.N((T
?odel $enal Code U 003.+.G
Larceny by finder of property, 36 A.L.R. 372:
2 =ost "ro"ert!
a <eneral rule
A =ost goods as suACect o1 larcen!
c $lace Bhere "ro"ert! is 1ound
d 2ntent o1 1inder
e JnoBledge or notice as to oBner
1 7ithholding "ro"ert! 1or reBard
g 6tatutor! "ro;isions
22 ?islaid "ro"ert!
a <enerall!
A 2ntent o1 1inder
c $ro"ert! 1ound in "ro"ert! "urchased
"I. Lost property
a. General rule
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-he general rule is that the 1inder o1 lost "ro"ert! is not guilt! o1 larcen! unless he
a""ro"riates the same to his oBn use Bith DnoBledge o1, or the immediate means o1
ascertaining, the oBner thereo1, and Bith 1elonious intent entertained at the time o1 the
1inding. 6ee the cases cited throughout this annotation.
-hus, in the re"orted case 8tDinson ;. Birmingham, ante, 3''#, it is held that the
a""ro"riation o1 mone! 1ound on a "uAlic street is not larcen! Bhere the oBner thereo1 is
not in sight, no marDs a""ear on the mone!, and no other means o1 ascertaining the true
oBner are a;ailaAle at the time the 1inder a""ro"riates it.
-he rule Bas stated A! the court in the 1olloBing language in Com. ;. ?etcal1e (9(9#
(*4 J!. +4,, 0(0 6.7. 434: G-he 1inder o1 lost "ro"ert!, Bhere there is no clue to the
oBnershi", although inad;ertentl! or negligentl! lost, Aecomes the oBner o1 the
"ro"ert!, Bhere the oBner is ne;er disco;ered and 1ails to assert his oBnershi", and
hence a 1inder o1 lost "ro"ert! is not guilt! o1 larcen! Bhen he taDes "ossession o1 and
con;erts to his use "ro"ert! the oBner o1 Bhich he does not DnoB, and Bhere he has no
clue to the oBnershi": Aut, i1 the 1inder has a clue to the oBnershi" o1 the "ro"ert!, the
taDing Bill Ae larcen!, i1 1eloniousl! done.G
6o the rule clearl! deduciAle 1rom the authorities is that i1 the 1inder o1 lost articles
neither DnoBs nor has an! immediate means o1 ascertaining the oBner, and a""ro"riates
them to his oBn use, he is not guilt! o1 larcen!, Bhate;er ma! Ae his intent at the time. 21
he does DnoB, or has the immediate means o1 ascertaining, Bho the oBner is, there must
Ae a 1elonious intent to steal at the time o1 the taDing in order to constitute larcen!: and a
suAsequentl! 1ormed intent is not su11icient. BreBer ;. 6tate (9(,# 93 8rD. 479, 3,
=.).8. N.6.# 339, (0+ 6.7. (07, 0, 8nn. Cas. (37*.
-he mere 1act that a "erson con;erts to his oBn use goods 1ound A! him does not, as a
matter o1 laB, maDe him guilt! o1 the1t. -he question o1 guilt must Ae determined A! the
Cur! 1rom the attending circumstances, such as the descri"tion o1 goods 1ound, the "lace
o1 1inding, the time ela"sing AetBeen the 1inding and the con;ersion, the "roAaAilit! o1
the oBner Aeing disco;ered, the manner o1 dealing Bith the goods, and the e11ort or Bant
o1 e11ort to disco;er the oBner. )eg. ;. 6la;in (9,,# 3+ N. B. 3**.
b. Lost goods as subject of larceny
-he authorities 1urnish a strong color 1or the o"inion, Bhich "erha"s is entertained
generall!, that ancientl! goods casuall! lost Bere not considered to Ae the suACect o1
larcen! under an! circumstances. )ansom ;. 6tate (*+0# 00 Conn. ('(. Baron $arDe, in
the leading case u"on the suACect under consideration, reached this conclusion 1rom a
re;ieB o1 the earliest authorities, sa!ing: G2n the earliest times it Bas held that chattels
Bhich Bere a""arentl! Bithout an oBner, nullius in Aonis, could not Ae the suACect o1
larcen!. 6taun1ord, one o1 the oldest authorities on criminal laB, Bho Bas a Cudge in the
reign o1 $hili" and ?ar!, sa!s AD. (, cha". ('#: F-reasure tro;e, BrecD o1 the sea, Bai1 or
stra!, taDen and carried aBa!, is not 1elon!. G@uia dominus rerum non a""aret, ideo
cuCus sunt incertum est.GF .or this he quotes .itE. 8Ar. FCoron.,F "". (*7, 0'+. -hese
"assages are taDen 1rom 00 8ss. 99, 00 EdB. 222., and mention onl! Ftreasure tro;e,F
FBrecD,F and FBai1:F and .itEherAert sa!s the "unishment 1or taDing such is not the loss o1
li1e or limA. -he "assage in 3 Co. 2nst. (,*, goes Ae!ond this. =ord CoDe mentions three
circumstances as material in larcen!: 1irst, the taDing must Ae 1elonious, Bhich he
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e/"lains: secondl!, it must Ae an actual taDing, Bhich he also e/"lains: thirdl!, it is not
A! tro;er or 1inding. 3e then "roceeds as 1olloBs: F21 one lose his goods, and another 1ind
them, though he con;ert them animo 1urandi to his oBn use, it is not larcen!, 1or the 1irst
taDing is laB1ul: so i1 one 1ind treasure tro;e, or Bai1, or stra! here GBrecDG is omitted
and Gstra!G introduced#, and con;ert them ut su"ra, it is no larcen!, Aoth in res"ect o1 the
1inding, and that Gdominus rerum non a""aret.GFG )eg. ;. -horAurn (*49# ( Den. C. C.
Eng.# 3*7, -em"le K
?. '7, 0 Car. K J. *3(, (* =. 4. ?ag. Cas. N. 6. (4,, (3 4ur. 499, re"orted also as )eg.
;. 7ood, 3 Co/, C. C. 4+3, 3 NeB. 6ess. Cas. +*(.
d. Intent of finder: E;er! taDing A! one "erson o1 the "ersonal "ro"ert! o1 another
Bithout his consent is not larcen!: and this although it is taDen Bithout right or claim o1
right. 6u"eradded to this there must Ae a 1elonious intent, Bithout Bhich there can Ae no
crime. -o render the 1inder o1 lost goods guilt! o1 larcen! an intent to con;ert them
aAsolutel! to his oBn use must coe/ist Bith the act o1 1inding. 21 such intent does not
e/ist at the time o1 the 1inding, Aut, instead, the 1inder intends to restore the "ro"ert! to
the oBner, a suAsequent concealment, or 1raudulent a""ro"riation, does not constitute
larcen!. Ne;ada: State v. Clifford 1879# 14 Nev. 72, 33 Am. Rep. 526 .
It was said in Rountree v. State (1877) 58 Ala. 381, that the mere taking away
of found property, with intent to convert it to the finder's use, is not sufficient to
constitute larceny, as there must also appear a felonious intent.
G-he 1inder o1 "ersonal "ro"ert! Bhich has Aeen inad;ertentl! or negligentl! lost, and
Bho taDes it into his "ossession, thereA! se;ers the "ossession o1 the oBner: Aut the
1inder does not commit larcen! in so doing, unless he taDes it Bith the intention to
a""ro"riate it to his oBn use, and to "ermanentl! de"ri;e the oBner o1 his "ro"ert! and
use o1 it.G Com. ;. ?etcal1e (9(9# (*4 J!. +4,, 0(0 6.7. 434.
2n Berr! ;. 6tate %Dla.# su"ra, it Bas held that the intent to a""ro"riate lost
"ro"ert! to the 1inderFs oBn use Bas estaAlished A! e;idence that he hid it instead o1
maDing reasonaAle e11orts to restore it to the oBner.
-he question Bhether the goods Bere taDen originall! A! the accused 1eloniousl!, animo
1urandi, is alBa!s a question o1 1act, and usuall! the "rinci"al one, 1or the Cur! to
determine. )ansom ;. 6tate (*+0# 00 Conn. ('(. -his intent need not Ae "ro;ed A!
"ositi;e testimon!, Aut ma! Ae in1erred 1rom circumstances. 7ea;er ;. 6tate (**4# 77
8la. 0', + 8m. Crim. )e".
3''. 2t ma! Ae ascertained, liDe the intent Bith Bhich an! other act is done, A! a care1ul
e/amination o1 the 1acts and circumstances "receding, attending, and 1olloBing the
1inding. 8llen
;. 6tate (*9,# 9( 8la. (9, 04 8m. 6t. )e". *+', * 6o. ''+: 7ol1ington ;. 6tate (*7'#
+3 2nd.
343. 2nquiries ma! Ae made as to the manner in Bhich the 1inder conducted himsel1 Bith
the goods, and his "resent means o1 DnoBing or ascertaining the oBner. 8llen ;. 6tate
8la.# su"ra.
-o constitute larcen! there must Ae a criminal intent at the time o1 the taDing. Drummond
;. 6tate (9(3# 7( -e/. Crim. )e". 0',, (+* 6.7. +49, holding that Bhere a Ao! 1ound a
"air o1 glo;es, and tooD them into his "ossession 1or the "ur"ose o1 carr!ing them to the
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"erson Bhom he su""osed to Ae the oBner, and later, learning that another "erson had
lost glo;es and ad;ertised 1or the same, tooD them to him and le1t them u"on Aeing
assured that the! Aelonged to the third "erson, he had no such intent to steal as is
necessar! to constitute larcen!.
-o constitute the1t, said the -e/as court o1 a""eals, Gthe 1raudulent intent, Bhich is the
gist o1 this o11ense, must e/ist in the mind o1 the taDer at the ;er! time o1 the taDing: and,
in the case o1 lost "ro"ert!, the time o1 the taDing is the time o1 the 1inding o1 the
"ro"ert!. 21 the 1raudulent intent did not e/ist at the time o1 the taDing, no suAsequent
1raudulent intent in relation to the "ro"ert! Bill constitute the1t.G ?artineE ;. 6tate (**4#
(' -e/. 8"". (00.
G2t ma! reasonaAl! Ae said not to Ae a ;iolation o1 an! social dut! 1or a man Bho 1inds a
lost article to taDe it home 1or the "ur"ose o1 1inding out the true oBner: and i1 he does
this honestl! in the 1irst instance, and a1terBards, though he ma! ha;e disco;ered the
true oBner, is seduced into a""ro"riating to his oBn use, he is not guilt! o1 larcen!,
though he does Brong.G )eg. ;. )ile! (*+'# Dears. C. C. Eng.# (49.
-he su"reme Cudicial court o1 ?assachusetts, in an o"inion A! <ra!, 4., then chie1
Custice, said: G-he 1inder o1 lost goods ma! laB1ull! taDe them into his "ossession: and i1
he does so Bithout an! 1elonious intent at that time, a suAsequent con;ersion o1 them to
his oBn use, A! Bhate;er intent that con;ersion is accom"anied, Bill not constitute
larcen!. But i1, at the time o1 1irst taDing them into his "ossession, he has a 1elonious
intent to a""ro"riate them to his oBn use and to de"ri;e the oBner o1 them, and then
DnoBs or has the reasonaAle means o1 DnoBing or ascertaining, A! marDs on the goods or
otherBise, Bho the oBner is, he ma! Ae 1ound guilt! o1 larcen!.G Com. ;. -itus (*74#
((' ?ass. 40, (7 8m. )e". (3*, ( 8m. Crim. )e". 4('.
e. Knowledge or notice as to owner
Generally.
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-he other element o1 the o11ense, in addition to the intent to taDe com"lete and e/clusi;e
dominion o;er the goods 1ound, relates to DnoBledge or notice as to the oBner. 21 the
1inder, at the time o1 1inding, does not DnoB Bho is the oBner o1 the "ro"ert!, and there
are no marDs thereon, or other circumstances A! Bhich the oBner ma! Ae disco;ered, the
a""ro"riation to the 1inderFs use does not amount to larcen!.A man, knowing the owner
of goods, cannot lawfully pick them up without returning them to him; but a man,
not knowing the owner, can. The doctrine, therefore, is that if, when one takes
goods into his hands, he sees about them any marks, or otherwise learns any facts,
by which he knows who the owner is, yet with felonious intent appropriates them to
his own use, he is guilty of larceny; otherwise not. Some of the cases say if he knows
who the owner is, or has the means of ascertaining; but the better form of the
doctrine is as just set down, because every man, by advertising and inquiring, can
find the owner if he is to be found, Brewer v. State (Ark.) supra.
-he court said in )andal ;. 6tate ?iss.# su"ra, that Git is a settled "rinci"le o1 laB that i1
one lose his goods, and another 1ind them and con;ert them to his oBn use, not DnoBing
the oBner, this is no larcen!.G 6imilarl! it Bas said in 7ol1ington ;. 6tate 2nd.# su"ra,
that Gi1 the 1inder does not DnoB, and has not, at the time o1 taDing "ossession o1 the
goods, the means o1 then DnoBing the oBner, the case is one o1 tro;er and con;ersion,
and not o1 larcen!.G
-he mere 1act o1 a "ersonFs con;erting to his oBn use goods 1ound A! him, regardless o1
the attending circumstances, does not, as a matter o1 laB, maDe him guilt! o1 the1t. )eg.
;. 6la;in N. B.# su"ra.
Con;ersel!, i1, at the time o1 the taDing, the taDer DnoBs or has means o1 disco;ering the
oBner, it is his legal and moral dut! to hold and restore the goods to him: and i1, under
such circumstances, he aAsolutel! a""ro"riates them to his oBn use, e/cluding the
dominion o1 the oBner, it is larcen!.
Effort to find owner.
6ince the 1inderFs Aelie1, or ground o1 Aelie1, in regard to 1inding the oBner, is to Ae
determined A! the circumstances a""arent to him at the time o1 1inding the "ro"ert!, guilt
cannot Ae "redicated o1 a 1ailure to e/ercise diligence to 1ind the oBner. -he 1inder is not
Aound to search 1or or to taDe an! other measures to disco;er the oBner. BrooDs ;. 6tate
(*7*# 3+ %hio 6t. 47: -anner ;. Com. (*+7# (4 <ratt. Va.# '3+: $errin ;. Com. (*9(#
*7 Va. ++4, (3
6.E. 7'. 6ee also in1ra, 2. g., 1or statutes declaring the contrar! rule. 2n -anner ;. Com.
(*+7# (4 <ratt. Va.# '3+, su"ra, the court said: G7here there are no indicia A! Bhich
the oBner can Ae 1ound, the a""ro"riation to the 1inderFs use does not amount to larcen!:
1or, as it has Aeen held, the 1inder o1 a chattel actuall! lost is not Aound to taDe an! means
to disco;er the oBner: he must DnoB him immediatel! 1rom marDs aAout the "ro"ert! or
otherBise.G
2n some o1 the earlier cases it Bas declared that a 1ailure to use reasonaAle means to
disco;er the oBner, A! ad;ertising, rendered the 1inder guilt!. )eg. ;. Co11in (*4'# 0
Co/, C. C. Eng.# 44: )eg. ;. )eed (*40# Car. K ?. Eng.# 3,': )eg. ;. Jerr (*37# *
Car. K $. Eng.#
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(7'. -hese e/"ressions, hoBe;er, are dicta, and ha;e Aeen o;erruled. )eg. ;. 6hea
(*+'# 7 Co/, C. C. Eng.# (47.
-he ;ieB has Aeen taDen, rightl!, it Bould seem, that a neglect to taDe reasonaAle
measures to 1ind the oBner raises a "resum"tion o1 1elonious intention in the taDing.
6tate ;. Briscoe (9,,# 3 $enn. Del.# 7, +, 8tl. 07(.
21 the de1endant at no time claims the "ro"ert! as his oBn, or attem"ts to conceal it, Aut,
on the contrar!, maDes e11orts to disco;er the oBner o1 it, and in 1act does disco;er the
oBner o1 a "ortion o1 it, and restores the same, he clearl! is not guilt! o1 larcen!.
?c=aren ;. 6tate (**'# 0( -e/. 8"". +(3, 0 6.7. *+*.
-he omission to use the ordinar! and Bell>DnoBn means o1 disco;ering the oBner o1
goods lost raises a "resum"tion o1 1raudulent intention, more or less strong, against the
1inder. 6tate ;. Briscoe Del.# su"ra.
8 con;iction 1or the the1t o1 a Batch Bas u"held in )ochell ;. 6tate (9,9# ++ -e/. Crim.
)e". (+0, ((+ 6.7. +*3, Bhere it a""eared that the accused 1ound it, Aut made no e11ort
to ascertain the oBner: that he Bore it concealed until he mo;ed to another toBn, Bhere
he Bore it in the ordinar! Ba!: that Bhen its return Bas demanded A! the sheri11, the
accused re1used to surrender it, Aut stated that he Bould hold it 1or the oBner, although
"ersons Bho Bere his relati;es testi1ied that he stated on the da! he came into "ossession
that he had 1ound it.
8s to 7CC +3.(',, it is not clear hoB Coughlin could Ae said to ha;e GtaDes or carries, leads
or dri;es aBa!...G Bhere Coughlin himsel1 made a 9(( call and on the e/cu"lator! ;ideo can Ae
heard suggesting the "arties remain calm and Bait 1or the "olice to arri;e and resol;e an! dis"ute.
2t is not clear hoB there could Ae "roAaAle cause 1or the arrest and "rosecution in )C)0,((>,'334(
Bhere there is no allegation or 1actual su""ort to suggest that Coughlin Gintentionall!G stole
an!thing. 2t Bould ha;e to Ae clear that something Bas not aAandoned 1or one to steal something.
.urther, again, as Bith the 7CC, there is no indication that Coughlin could Ae said to ha;e GtaDes
and carries aBa!, leads aBa! or dri;es aBa!...G gi;en CoughlinFs oBn 9(( call and suggestions to
the ;olatile grou" o1 !ouths that the! shoudl remain "eace1ul and Bait 1or the "olice. =astl!, it is
not clear that an!one there could ha;e DnoBn the i"hone Bas G"ersonal "roe"rt!...oBned A! another
"erson...G. -here is su""ort that <oAle aAandoned the i$hone, i1 it is e;en his, there1ore he Bould
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no longer oBn it. 6ome might sa! the i$hone Bould Ae at the Aottom o1 the -rucDee )i;er, and
de;oid o1 ;alue, and there1ore inca"aAle o1 Aeing larceniEed.
II. Mislaid property
a. Generally
$ro"ert! Bhich the oBner intentionall! so "laces that he can re;ert to it, and then
1orgets, is mislaid, as distinguished 1rom lost "ro"ert!, Bhich is that Bith Bhich the
oBner accidentall! "arts and does not at an! time DnoB Bhere to 1ind. 6ee )eg. ;.
7est (*+4# ' Co/, C. C. 4(+, Dears. C. C. 4,0, 3 C. =. ). *', 04 =. 4. ?ag. Cas. N.
6. 4, (* 4ur. (,3,, 3 7eeD. )e". 0(, 09 Eng. =. K Eq. )e". +0+, and the cases cited
throughout this suAdi;ision.
5nliDe lost "ro"ert!, the 1inder o1 mislaid "ro"ert! acquires no right to its "ossession,
the right o1 tem"orar! "osession Aeing in the oBner or occu"ant o1 the "remises Bhere
it is 1ound. 8ccordingl! the general rule is that a "erson is guilt! o1 larcen! i1, Bith
1elonious intent, he a""ro"riates to his oBn use "ro"ert! merel! mislaid, though he
has no DnoBledge or means o1 DnoBledge as to the true oBner2n 6tate ;. Craig 6.C.#
su"ra, it Bas held that the de1endant Bas guilt! o1 larcen! in a""ro"riating to his oBn
use a "ocDetAooD inad;ertentl! le1t on a seat o1 a street car. 2n sustaining the
con;iction the court said: G-he e;idence shoBs that the "urse Bas not lost "ro"ert!,
Aut mis"laced "ro"ert!. -he conductor saB the "urse, Bas going to "icD it u", Bhen
de1endant tooD it. -he "ro"ert! Bas mislaid, and accidentall! le1t on the trolle! car: it
Bas ne;er lost or aAandoned. -he de1endant reasonaAl! su""osed the oBner could Ae
1ound, and he DneB that it Bas not lost "ro"ert!, Aut mis"laced, and accidentall! le1t
Bhere he "icDed it u".G
8 "urse accidentall! le1t in a store is not lost, Aut mislaid, so that a 1inder Bho
a""ro"riates it Bith 1elonious intent is guilt! o1 larcen!. 6tate ;. ?cCann ?o.# su"ra:
)eg. ;. 7est (*+4# ' Co/, C. C. Eng.# 4(+, Dears. C. C. 4,0, 3 C. =. ). *', 04 =. 4.
?ag. Cas. N. 6. 4, 09 Eng. =. K Eq. )e". +0+, (* 4ur. (,3(, 3 7eeD. )e". 0(.
6o, a "ocDetAooD or other "ro"ert! laid doBn in a AarAer sho" is merel! mis"laced,
and a 1inder Bho a""ro"riates it ma! Ae con;icted o1 larcen!. =aBrence ;. 6tate
-enn.# su"ra: )eg.
;. ?oore (*'(# * Co/, C. C. Eng.# 4(', 7 4ur. N. 6. (70, =eigh K C. C. C. (, 3, =.
4. ?ag. Cas. N. 6. 77, 3 =. -. N. 6. 7(,, 9 7eeD. )e". 07'.
8nd i1 a "erson "icDs u" and a""ro"riates a ring, mone!, or other "ro"ert! mislaid or
dro""ed in a dBelling house, he is guilt! o1 larcen! o1 mislaid "ro"ert!. 6tate ;.
Cummings (*''# 33 Conn. 0'4, *9 8m. Dec. 0,*: )oAerts ;. 6tate (**9# *3 <a.
3'9, 9 6.E. '7+, * 8m. Crim. )e". 474.
2n 6tate ;. Cummings Conn.# su"ra, it a""eared that the de1endant, a ser;ant, tooD a
diamond ring 1rom a BashtuA into Bhich the oBner o1 the CeBel accidentall! dro""ed
it, and a""ro"riated the same to her oBn use. 2t Bas held that the ring Bas not lost
"ro"ert!, and that, there1ore, the de1endant Bas guilt! o1 larcen!. -he court said:
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G7hat, then, are the 1acts as claimed to Ae "ro;ed A! the stateN -he! are, that the
oBner o1 the ring le1t it A! accident in the tuA Bhere she had Aeen Bashing: that,
DnoBing Bhere it Bas, she Bent 1or it in ten or 1i1teen minutes: that, in the meantime,
it had Aeen taDen A! the "risoner out o1 the tuA: that she DneB Bhose it Bas and
denied the taDing o1 it, and concealed it and Arought it to NeB 3a;en as her oBn, and
o11ered it 1or sale. 5nder these circumstances it is ;er! a""arent that, e/ce"t 1or the
act o1 the "risoner, there Bas no loss o1 the ring, an! more than i1 the oBner had le1t it
on her taAle 1or a tem"orar! "ur"ose.G
2n )eg. ;. 7est Eng.# su"ra, it a""eared that the "rosecuting Bitness, a1ter maDing a
"urchase, le1t his "urse on the de1endantFs stall. -he de1endant "icDed it u" and
a""ro"riated the contents to her oBn use. 2t Bas held that she Bas guilt! o1 larcen!.
2n =aBrence ;. 6tate -enn.# su"ra, it a""eared that the "rosecuting Bitness le1t his
"ocDetAooD, containing I4*,, on a taAle in a AarAer sho". 81ter the "rosecutor le1t, the
AarAer "icDed u" the "urse and a""ro"riated the mone! to his oBn use. 2t Bas held
that he Bas guilt! o1 larcen!.
8 "urse accidentall! le1t in a carriage returned to a li;er! staAle A! the hirer is not
lost, so as to require the a""lication o1 the 1oregoing rule in a "rosecution 1or the1t
against one Bho 1ound the "urse u"on taDing immediate charge o1 the carriage u"on
its return. ?o/ie ;. 6tate (9,*# +4 -e/. Crim. )e". +09, ((4 6.7. 37+.
2n 6tate ;. Courtsol (9(+# *9 Conn. +'4, =.).8.(9('8, 4'+, 94 8tl. 973, it a""eared
that the "rosecuting Bitness, Bhile riding in a street car, le1t a "acDage o1 mone! on
the Aench on Bhich he sat. 81ter he le1t the car the de1endant, Bho Bas also a
"assenger in the same car, "icDed u" the "acDage and a""ro"riated the mone! to her
oBn use. 2t Bas held that she Bas guilt! o1 larcen!. -he court said: G-here Bas no
e;idence to su""ort counselFs claim that the "acDage Bas lost. -he e;idence shoBs
that it Bas le1t u"on a "uAlic con;e!ance A! its oBner, u"on a Aench or seat Bhere he
had "laced it. 3e rememAered Bhere he le1t it, and s"eedil! sought it, and 1ound that
the accused had taDen it. 2t is Bell settled that "ro"ert! so le1t is not lost, Aut is mislaid
"ro"ert!. -he oBner is treated as still constructi;el! in "ossession o1 it, although its
custod! ma! Ae in another, in Bhose sho" or car it has Aeen le1t. 0 7hart. Crim. =aB,
((th ed. U ((39: 0 Bisho", NeB Crim. =aB, UU *7*, *79: $eo"le ;. ?c<arren (*37#
(7 7end. N.9.# 4'0: 6tate ;. ?cCann (*+3# (9 ?o. 0+4. -he accused hersel1 did
not claim that she su""osed the "ro"ert! had Aeen lost. 6he tooD it u", Aelie;ing it to
Ae her oBn "acDage containing "urchases "re;iousl! made A! her. 7hen she
disco;ered that it Bas not, she DneB that it Bas a "acDage le1t u"on the car A! some
"erson Bho undouAtedl! Bould call u"on the trolle! com"an! 1or it. -he court,
there1ore, "ro"erl! re1used to gi;e an instruction Bhich Bould gi;e the Cur! to
understand that u"on the e;idence the! might 1ind that the "acDage Bas lost, and that
the accused, Bhen she "icDed it u", honestl! Aelie;ed that it Bas a lost "acDage. 8s
the 1acts Bere undis"uted, the court Bas correct in gi;ing the instruction Bhich the
accused com"lained o1 in her si/th assignment o1 error, namel!: F-his case that !ou
ha;e Ae1ore !ou is not a case o1 lost "ro"ert!, technicall! s"eaDingVthat is, actuall!
lost or aAandoned: Aut is a case, as the AooDs and cases descriAe it, o1 "ro"ert! that is
mislaid.F -he instruction com"lained o1 in the se;enth reason o1 a""eal Bas also
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correct. 8s alread! stated, the constructi;e "ossession o1 mislaid "ro"ert! remains in
the oBner. -he 1inder o1 such "ro"ert!, DnoBing it to Ae mislaid or le1t A! mistaDe, i1
he taDes it Bith the 1elonious intent to a""ro"riate it to his oBn use, and thus de"ri;e
the oBner o1 it, is guilt! o1 larcen!. -his Bould constitute a 1elonious taDing 1rom the
"ossession o1 another o1 "ro"ert! Aelonging to him. -his Bas the suAstance o1 the
instruction com"lained o1. -he language Bhich 1olloBed e/"lained the distinction
AetBeen the 1inding in such a case and one Bhere the "ro"ert! has Aeen lost.G
-he same rule Bas a""lied in $ritchett ;. 6tate (*+4# 0 6need -enn.# 0*+, '0 8m.
Dec. 4'*, Bherein it a""eared that an e/"losion in a CeBelr! sho" threB into the street
some Batches Bhich Bere hanging in the sho" BindoBs, and that the de1endant tooD
them as lost "ro"ert!.
b. Intent of finder
2t is held that, in order to constitute larcen! o1 mislaid "ro"ert!, there must Ae a
criminal intent to a""ro"riate the "ro"ert! to the 1inderFs oBn use, in ;iolation o1 the
oBnerFs rights. <riggs ;. 6tate (*77# +* 8la. 40+, 09 8m. )e". 7'0: 7ea;er ;. 6tate
(**4# 77 8la. 0', + 8m. Crim. )e". 3'': 6mith ;. 6tate (*93# (,3 8la. 4,, (' 6o.
(0: 6tate ;. Courtsol (9(+# *9 Conn. +'4, =.).8.(9('8, 4'+, 94 8tl. 973: ?artineE
;. 6tate (**4# (' -e/. 8"". (00: 7arren ;. 6tate (**4# (7 -e/. 8"". 0,7.
-he constructi;e "ossession o1 mislaid "ro"ert! remains in the oBner, and the oBner
or occu"ant o1 the "remises Aecomes his Aailee. .oulDe ;. NeB 9orD Consol. ). Co.
(90,# 00*
N.9. 0'9, 9 8.=.). (3*4, (07 N.E. 037. -he 1inder o1 such "ro"ert!, DnoBing it to Ae
mislaid or le1t A! mistaDe, i1 he taDes it Bith the 1elonious intent to a""ro"riate it to
his oBn use, and thus de"ri;e the oBner o1 it, is guilt! o1 larcen!. 6tate ;. Courtsol
(9(+# *9 Conn. +'4,
=.).8. (9('8, 4'+, 94 8tl. 973.
2n <riggs ;. 6tate 8la.# su"ra, BricDell, Ch. 4., said that the taDer o1 goods mislaid or
le1t A! mistaDe is guilt! o1 larcen! A! a""ro"riating them to his oBn use, regardless o1
Bhether the intent to Dee" then Bas 1ormed at the time o1, or suAsequent to, the
taDing.G
)egardless, %11icer Duralde gamed the s!stem A! listing the charge as a 1elon!, and such a
;aluation is not reasonaAle, as such the motion to su"ress should e/clude the 1ruits o1 the
im"ermissiAle search in light o1 N)6 0,+.0+(:
GN)6 0,+.0+( Determination o1 ;alue o1 "ro"ert! in;ol;ed in larcen! o11ense. .or
the "ur"oses o1 N)6 0,+.0(7+ to 0,+.07,7, inclusi;e:
(. -he ;alue o1 "ro"ert! in;ol;ed in a larcen! o11ense shall Ae deemed to Ae the
highest ;alue attriAutaAle to the "ro"ert! A! an! reasonaAle standard.
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0. -he ;alue o1 "ro"ert! in;ol;ed in larcen! o11enses committed A! one or more
"ersons "ursuant to a scheme or continuing course o1 conduct ma! Ae aggregated in
determining the grade o1 the larcen! o11enses.G

2ndeed, )$D %11icer DuraldeFs 8rrest )e"ort reads: GNe/t 2 s"oDe to the ;ictim, Cor!
<%B=E Bho stated that he has an 8""le 2"hone that he had Aought a cou"le o1 !ears ago 1or I3,,.G
Clearl!, it is not reasonaAle to Aelie;e that a smart"hone "urchased Ga cou"le !ears agoG 1or I3,,
had not de"reciated in ;alue at least I+, in that time at the time o1 arrest the ;alue cuto11 1or grand
larcen! Bas I0+,, Aut as o1 %ctoAer 0,((, it is not I'+, in Ne;ada#.
-he recordings o1 the 9(( calls A! <oAle 1urther demonstrate the e/tent to Bhich he and his
com"atriates, including Zarate, Bere Billing to lie to the "olice to accom"lish their goal...to achie;e
the return o1 an i$hone that <oAle 1elt entitled to recei;e as e/"editiousl! as "ossiAle and A! means
that quite arguaAl! e/ceeded an! right he had to e/ert ie, threatening to and attem"ting to steal
CoughlinFs Aic!cle and his dog, l!ing to 9(( o"erators, maDing 1alse allegations aAout someone
GsocDing a minorG, ganging u" on Coughlin Bith a numAer o1 other !oung men Aeha;ing in an
ultra>agressi;e manor, etc#.
2t ma! or ma! not Ae rele;ant to consider that the i$hone Bould ha;e, a""arentl!, Aeen in the
ri;er Bere it not 1or someone claiming it, or that <oAle a""arentl! 1elt entitle to a;oid an!
consequences attaching to his e/tremel! negligent "ractice o1, allegedl!, lea;ing a smart"hone on
the "a;ement unattended Bhile he goes o11 to his 4ee" 1or se;eral minutes at least, in doBntoBn
)eno, during a "eriod o1 1our or so !ears o1 the unem"lo!ment rate ho;ering aroudn (+O. <oAle
a""arentl! sought to a;oid the hassle o1 "ursuing a ci;il rememd! or otherBise Aeha;ing in a ci;il
and "atient manner in "ursuing the return o1 a "hone that ma! or ma! not ha;e Aeen his. <oAle
re1used to "ursue such a return in a setting that Bas di;orced 1rom the o;erl! coerci;e and ;olatile
tenor "resented A! <oAle and his man! 1riends accosting Coughlin and AacDing Coughlin u" to
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oncoming tra11ic on Center 6t. Aridge in 1ront o1 the 6ienna Bhile Coughlin attem"ted to hold onto
his Aic!cle and his dog.
%n one o1 his 9(( calls, <oAle allegations that Gsomeone Cust socDed a minorG...a""arentl!
indicating that Coughlin "unched the (7 !ear old !oung man seen in the ;ideos. Clearl!, no one is
sa!ing that noB, nor in an! o1 the "olice re"orts, hoBe;er, it Bas de1initel! use1ul 1or <oAle to sa!
that to the 9(( o"erators, and the te/tual record "ro;ided o1 the calls and dis"atch re"orts includes a
citation to this allegation o1 "h!sical ;iolence as Bell. -he o"erator and the "olice hear that
Gsomeone Cust socDed a minorG and it gets their attention and sDeBs the a""roach A! the "olice
immeasuraAl!.
%n his other 9(( call, <oAle maDes liDe the 4on =o;itE liar character 1rom the (9*,Fs 6aturda!
Night =i;e sDetches...the GBait, !eah, thatFs the ticDet...G liar character Bith a catch"hrase. <oAle
starts the call indicating that Coughlin GCust stole his "honeG and Gis Aeing su"er aggressi;e and
gi;ing us all sorts o1 trouAleG Aut then <oAle decides, GBait, no, !eah, thatFs it, he is tr!ing to get
aBa! tooWG. 6o Bhich is itN 6u"er aggressi;e and gi;ing !ou all sorts o1 trouAle or tr!ing to get
aBa!N 8nd Bh! are <oAle and his associates listed in the 9(( and dis"atch te/t re"orts as the oneFs
!ellingN 7h! is <oAle heard on a 9(( call screaming Ggi;e me m! "hone or 2 am going to threaten
!ou right noBWG. 7h! are <oAle and his associates the oneFs reaching into CoughlinFs shortFs "ocDet,
attem"ting to taDe CoughlinFs dog and Aic!cle, i1, as <oAle told the 9(( o"erator, it Bas Coughlin
Bho Bas GAeing su"er aggressi;e and gi;ing us all sorts o1 trouAleGN
But, Aest o1 all, on <oAleFs 9(( call o1 8ugust 0,th, 0,(( at 03:00:+0 at the 3( second marD,
the Bise 9(( o"erator asDs:
%"erator %#: GhoB did he end u" Bith !our cell "honeNG.
<oAle: Gm! "hone Bas Cust sitting on the ledge and 2 Bas Cust sDateAoarding and stu11,
and he Cust "icDed it u". E;er!one saB him "icD it u".G
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7ell, is that trueN 21 so, then Bh! did Zarate Brite in his 7itness 6tatement that the
unidenti1ied man ga;e the "hone to CoughlinN -hat is rather di11erent than Coughlin Cust BalDing A!
and "icDing the "hone u" o11 the ledge. 7hat, e/actl!, did everyone seeN 7hat aAout the
unidenti1ied man holding the "hone alo1t and indicating he Bould shortl! throB the "hone in the
ri;erN 2n the AacDground on that same call <oAleFs associates can Ae heard menacingl! commenting
on taDing and touching CoughlinFs dog and Aic!cle. Coughlin can Ae heard e/claiming G!ou Cust
assaulted meWG.
-hen, at the ( minute 7 second marD <oAle sa!s:
<oAle: GDude, Cust gi;e me m! "hone, its right in his "ocDet Cust get it out. 2 am
aAout to graA it out o1 his "ocDetG
-hen at ( minute +7 second marD <oAle reiterates:
<oAle: G3e is Cust getting su"er aggresi;e Bith us, graAAed m! "hone, 2 sBear, and
he Bill not gi;e it AacD ...3e graAAed m! "hone, 2 sBear, its in his "ocDet, dude... 2
Bas right here, m! 4ee" Bas right here, m! 1ucDing 4ee" Bas right thereWG.
6o, Bhich is it, <oAleN 7as he sDateAoarding and stu11, or in his 4ee"N 7h! does <oAleFs
Britten 7itness 6tatements 1rom that night indicate he Bas onl! G1i1teen 1eet aBa!G 1rom Bhere !ou
set !our "hone doBn Bhen Coughlin allegedl! BalDed right u" and graAAed itN DoesnFt Ghe Cust
graAAed itG sound a Ait more liDe someone GgraAAingG an item A! 1orce 1rom someone, in a Aig hurr!,
and attem"ting to run aBa!, rather than, Bhat Nicole 7atson sa!s ha""ened, ie, that an unidenti1ied
man "icDed the "hone u", held it alo1t, announced he Bould GthroB it in the ri;erG, etc....
<oAle and his associates Aelligerent menacing attitudes and Aeha;iors clearl! startled and
1rightened Coughlin that night. .urther, the! Bere sim"l! o11>"utting. 7hile one might sim"l!
hand o;er a "hone to <oAle, assuming <oAle is telling the truth Bhen he asserts it is his, one Bould
not necessaril! Ae Aeing all that care1ul in doing so, i1 the laB requires one to taDe reasonaAle ste"s to
return lost "ro"ert! to its right1ul oBnerN E;en i1 it Bere true to sa! <oAle called the "hone and saB
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it light u", that is hardl! conclusi;e "roo1 that the "hone is <oAleFs. 7hat i1 someone <oAle and his
1riends Bere 1amiliar Bith had announced the! lost their "hone earlier that nightN NoB, Bhat i1
<oAle DneB that "ersonFs "hone numAer, and used that DnoBledge to "resent an a""earance to
Coughlin that the "hone right1ull! Aelonged to <oAle merel! Aecause <oAle ma! ha;e Aeen aAle to
call the "hone and maDe it ringN 8nd its not at all clear that <oAle Bas actuall! aAle to do that.
2ndeed, i1 <oAle Bas so aAle to, then Bh! didnFt the "hone light u" during the entire + minute
;ideoHaudio 1o the arrestN 7h! is <oAleFs ;oice heard in the AacDground suggesting to the )$D
%11icerFs that Coughlin ma! ha;e GsBitched the "honeG to his other "ocDetN <oAle et al Aeha;ior Bas
menacing and indicated a Billingness to massage to the truth to a large degree. -his is "articularl!
clear Bhen ;ieBing the ;ideo o1 the interaction AetBeen <oAle and Coughlin o1 4une +th, 0,(0. 2t is
interesting to note that CoughlinFs laB license Bas sus"ended on 4une 7th, 0,(0 at 3:4*"m Cust hours
a1ter Coughlin sent the D8Fs %11ice an email "ointing out the inequit! o1 1ailing to "rosecute <oAle
1or the lit cigarette "roCectile Aatter! u"on Coughlin Bhere CoughlinFs entire li;e, "ro1essionall! and
"ersonall! had, essentiall!, Aeen curA sto""ed A! this "etit larcen! arrest.
Ne/t, on the ;ideo o1 the Aatter! u"on Coughlin A! <oAle 1rom 4une +, 0,(0, <oAle is heard
massaging his stor! AacD and 1orth:
Coughlin: 7ho are !ouN
<oAle: 2Fm o;er it, its all good. )ememAerN 7e Bent to court together. 2ts all good
Coughlin: 9eah. %h, its all good 1or !ouN %h, good, 2Fm going to lose m! career.
<oAle: 2Fm sorr! that sucDs.
Coughlin: 9eah, BhatFs !our name, Cor!N
<oAle: 9eah
Coughlin: 3e!, hoB are !ou gu!sN
earl! tBenties Arunette 1emale#: 7onder1ul, hoB are !ouN
earl! tBenties 8sian male#: !ou can 1ilm us all !ou Bant.
Coughlin: 3e!, did !ou lie to the "oliceN
<oAle: DoN
Coughlin: 9eah, Did !ou gu!s sa! 2 Cust ran u" and graAAed the "honeN
<oAle: -hatFs Aasicall! Bhat !ou did.
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Coughlin: %Da!, is that basically it or is that Bhat 2 didN 8nd Bhat did !ou tell the
"oliceN
<oAle: -hatFs exactly Bhat !ou did.
Arunette 1emale#: 3eFs...heFs...he 1ucDing has a cameraW
Coughlin: 7hat did...are !ou a little highN 9ou got...!ouF;e got G..5.C.J.G tattoed on
!our hand s"elled out on his 1our DnucDles#.
Arunette 1emale#: 7e donFt do drugs, !ourFre a craE! "erson, e/cuse me, e/cuse
me...Cust cuE someoneFs talDing to !ou....
<oAle: 2 Bas Cust sa!ing 2 Bas o;er it...
Arunette 1emale#: 7indoBs u". rolls =e/us 65V BindoBs u"#.
Coughlin: %h, Bonder1ul, !ouFre o;er it.
<oAle: 1licDs lit cigarette at Coughlin 1rom aAout 0 to 3 1eet aBa! at a high rate o1
s"eed. -he lit cigarette hits CoughlinFs suit CacDet at his le1t shoulder and the ti"
e/"loded into s"arDs, then 1alls to the ground. -his is shoBn right Ae1ore the +0
second marD o1 the ;ideo o1 this 4une +th, 0,(0 incident. CoughlinFs camera CerDs
right Bhen Coughlin is hit Bith the lit cigarette, Bhich Bas "roCected at Coughlin A!
<oAle 1licDing it in a "ro"ulsi;e manner AetBeen his middle and inde/ 1ingers and his
thumA...it actuall! got tra;eling at a 1airl! high rate o1 s"eed and the 1licDing and
cigarette darting through the air, and the cigarette hitting CoughlinFs shoulder and
e/"loding are all ;er! discerniAle in this ;ideo, es"eciall! the audio o1 those sounds,
"articularl! Bhen considering that the camera CerDing coincides e/actl! Bith the
e/"loding sound#.
Coughlin: %h, !ou Cust did me such a Aig 1a;or, gu!.G
Coughlin could ha;e, at that time, attem"ted to e11ectuate an ill>concei;ed GcitiEenFs arrestG
similar to the one )$D %11icer Duralde alleges <oAle et al "er1ormed on Coughlin on 8ugust 0,th,
0,((, hoBe;er, Coughlin made the rationale, reasoned, sa1e decision to re1rain 1rom so attem"ting
such a risD! GcitiEenFs arrestG.
-he ;ideo 1rom Cust "rior to the 8ugust 0,th, 0,(( "etit larcen! arrest, Bherein Coughlin
made a 9(( call and re"orted the assault and Aatter! that <oAle and his gang Bere committing u"on
him, shoBs Coughlin e/"laining to <oAle et al that reaching into CoughlinFs "ocDets Bas a ;er! "oor
choice and that e;er!one in;ol;ed needed to rela/, settle doBn, Ae "eace1ul, etc. and Coughlin
re1erenced the tragic consequences o1 1ailing to do so that had, at that time, Cust recentl! Aeen seen in
the death o1 0+ !ear old 6te"hen <ale during an armed roAAer! o1 a 1emaleFs "urse on Cali1ornia
8;enue.
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2t is im"ortant to maDe note o1 the read! Billingness to lie that <oAle et al demonstrate.
<oAle, Zarate, et al lied to the 9(( o"erator and the o11icers on the scene to get Coughlin arrested,
"laced in cu11s, searched etc. and to "ro;ide su11icient "roAaAle cause to "er1orm a search incident to
an actual 1act "attern that liDel! Bould ha;e Aeen more 1itting o1 the t!"icial Gits a ci;il matterG
res"onse Coughlin has Aeen gi;en A! the )$D so man! times this !ear Bhen he has re"orted ;arious
misconduct A! landlordFs and their counsel, some o1 Bhom lacD a laB license though the! are
"racticing laB#.
2t Bas onl! a1ter all that Bas accom"lished that Zarate realiEed he Aetter "ut something a Ait
more truth1ul doBn on "a"er, and that is Bhen the unidenti1ied man Bho held the i$hone alo1t and
announced to the deniEens o1 the sDate "laEa that he Bould GthroB it in the ri;er i1 someone doesnFt
claim it immediatel!G is re1erenced in ZarateFs 7itness 6tatement, Bhich reads:
G%ne man "icDed u" the "hone, and the man Bith the AiDe tooD it 1rom him and
started to tr! to lea;e Bhen the oBner o1 the "hone tried to asD 1or it AacD, he Aecame
resistant and im"olite.G
-his is in marDed contrast to the statements %11icer Duralde attriAutes to Zarate in DuraldeFs
Narrati;e, Bherein Zarates is quoted thusl!: G<%B=EFs 1riend, Nathaniel ZARATE, then in1ormed
him that COUGHLIN had just walked by and taken GOBLE's phone... 2 ne/t s"oDe Bith
ZARATE Bho confirmed that he had observed COUGHLIN take GOBLE's phone from where
GOBLE had set it down, and then oAser;ed C%5<3=2N "ut it in his left 1ront shorts "ocDet.G
<oAle, in his Britten statement, continued to lie, hoBe;er. 2n his 7itness 6tatement <oAle Brote:
G2 Bas at the Plaza and set my phone down. 8n older man BalDed A! and graAAed
it. ?! 1riends Arought it to m! attention. 2 ran a1ter him and asDed him 1or it AacD.
3e lied and said he didnFt ha;e it. 7e called it and saw it ringing in his "ocDet. 3e
re1used to gi;e it AacD to 2 called 9((.G
7hich -hen at ( minute +7 second marD <oAle reiterates:
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<oAle: G3e is Cust getting su"er aggresi;e Bith us, graAAed m! "hone, 2 sBear, and he
Bill not gi;e it AacD ...3e graAAed m! "hone, 2 sBear, its in his "ocDet, dude... I was
right here, my 1eep was right here, my fucking 1eep was right thereWG.
3oBe;er, DuraldeFs Narrati;e re"orts:
G2 le1t C%5<3=2N Bith %11icers 8=8J68 and )%68 so that 2 could continue
Bith m! in;estigation. Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that
he has an 8""le i$hone that he had bought a couple of years ago 1or I3,,.
<%B=E had set his phone down on a concrete wall in the "laEa at and was
skateboarding approximately 15 feet away from it.
<oAle, at least according to the ;ersion <oAle rela!ed to %11icer Duralde, had set his "hone
doBn and Bas onl! (+ 1eet aBa! 1rom Bhere he set it...3oBe;er, i1 that Bere true, then Bh! didnFt
<oAle claim the "hone 1rom the unidenti1ied man Bhen, as admitted A! Zarate and <oAleFs
associate Nicole 7atson, the man held the i$hone alo1t and loudl! "roclaimed to those in the sDate
"laEa that he Bould taDe the i$hone and GthroB it in the ri;erG i1 someone did not claim it
immediatel!N Could it Ae that <oAle Bas not a mere (+ 1eet aBa!, Aut rather, Bas o11 in his 4ee"
doing something that su11icientl! distracted his attention 1rom the i$hone he a""arentl! aAandoned
on a slaA o1 doBntoBn )eno concreteN Did taDe o;er 9, seconds 1or <oAle and his tBo associates
to a""roach CoughlinN Did <oAle reall! GrunG a1ter Coughlin and asD 1or his "hone AacD, or did
<oAle gather tBo Aelligerent, menacing associates to a""roach Coughlin in a grou" o1 three
demanding to see Bhat Bas in CoughlinFs "ocDetsN
COUNT TWO:
NRS 205.275 Offense involving stolen property: Definition;
penalty; restitution; prima facie evidence; determination of value
of property:
G(. 8 "erson commits an o11ense in;ol;ing stolen "ro"ert! i1 the
"erson, 1or his or her oBn gain or to "re;ent the oBner 1rom again
"ossessing the oBnerRs "ro"ert!, buys, receives, possesses or
withholds property:
a# Knowing that it is stolen property: or
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A# Under such circumstances as should ha;e caused a
reasonable person to know that it is stolen property...
... '. .or the "ur"oses o1 this section, the ;alue o1 the "ro"ert!
in;ol;ed shall Ae deemed to Ae the highest ;alue attriAutaAle to the
"ro"ert! A! an! reasonaAle standard.
7. 8s used in this section, Lstolen "ro"ert!M means "ro"ert! that
has Aeen taDen 1rom its oBner A! larcen!, roAAer!, Aurglar!,
emAeEElement, the1t or an! other o11ense that is a crime against
"ro"ert!, Bhether or not the "erson Bho committed the taDing is or has
Aeen "rosecuted or con;icted 1or the o11ense.G
-he Com"laint does not allege an! 1acts to suggest that Coughlin DneB or should ha;e
DnoBn the i$hone to Ae Gstolen "ro"ert!G. No "roAaAle cause. -here is nothing in the Com"laint to
suggest the i$hone Bas gi;en to Coughlin A! someone Bhom had GstolenG it or that Couglin
Grecei;edG the i$hone 1rom someone Bhom had stolen it. 2t almost a""ears that the District
8ttorne! is seeDing to
Sufficiency of indictment -rial court did not aAuse its discretion in dismissing Bithout
"reCudice, on grounds o1 lack of specificity, indictment o1 1our de1endants 1or the1t in connection
Bith gold reco;er! in;estment o11ering, though arguaAl! indictment could Ae read as alleging the1t
A! material misre"resentation, as indictment lacDed s"eci1icit! Bith regard to Bhich de1endant
allegedl! made Bhich misre"resentation, and 6tate had Aeen re"eatedl! told its charging documents
Bere de1ecti;e or ;ague. N.).6. (73.,7+, 0,+. ,*303#. 6tate ;. 3ancocD, (99*, 9++ $.0d (*3, ((4
Ne;. ('(.
DD8 9oung maDes no allegation that the unidenti1ied man Bhom threatened to taDe the
i$hone and GthroB it in the ri;erG Gstole the i$hone. %therBise, it seems DD8 9oung is suggesting
Coughlin Gcommits an o11ense in;ol;ing stolen "ro"ert! i1 the "erson, 1or his or her oBn gain or to
"re;ent the oBner 1rom again "ossessing the oBnerRs "ro"ert!, Au!s, recei;es, "ossesses or
Bithholds "ro"ert!G 1rom himsel1, rather than the unidenti1ied man. 3oBe;er 0,+.07+, also
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requires that Coughlin did so: G a# JnoBing that it is stolen "ro"ert!: or A# 5nder such
circumstances as should ha;e caused a reasonaAle "erson to DnoB that it is stolen "ro"ert!.G
DD8 9oungFs 8mended Com"laint "ro;ides no su""ort in an! Ba! to suggest that the
unidenti1ied man stole the i$hone. 2ndeed. Nicole 7atson admits the man noti1ied the indi;iduals
congregating in the sDate "laEa that he Bished to see someone claim the i$hone. -here certainl! is
not su""ort 1or, nor has there Aeen an! suggestion that this unidenti1ied man GstoleG the i$hone. 6o,
that lea;es DD8 9oung to suggest Coughlin GstoleG the i$hone, then Grecei;edG or GAoughtG the
i$hone 1rom himsel1. -hat is Cust too tortured an a""roach. DD8 9oung must sim"l! seeD to
con;ict Coughlin o1 "etit larcen! under those circumstances.
8ctuall!, the indictiment and Com"laint is insu11icient here, as aAsolutel! no 1acts are
alleged or set 1orth to 1lesh out each o1 the elements o1 an N)6 0,+.07+ "ossession o1 stolen
"ro"ert! charge. DD8 9oung has a dut! under the )ules o1 $ro1essional Conduct to maDe sure
there are such 1acts alleged:
Ne;ada )$C )uleX3.*XX6"ecial )es"onsiAilities o1 a $rosecutor.XXG-he
"rosecutor in a criminal case shall:
a#X)e1rain 1rom "rosecuting a charge that the "rosecutor DnoBs is not su""orted
A! "roAaAle cause:G
DDA Young's December 5th, 2011 Amended Complaint reads:
GC%5N- 22. $%66E662%N %. 6-%=EN $)%$E)-9, a ;iolation o1 N)6 0,+.07+,
a misdemeanor, in the manner 1olloBing, to Bit:
-hat the said de1endant on or aAout the 0,th da! o1 8ugust, 0,((, at )eno
-oBnshi", Bithin the Count! o1 7ashoe, 6tate o1 Ne;ada, did willfully and
unlawfully possess or withhold stolen goods ha;ing a ;alue less than -Bo 3undred
.i1t! Dollars I0+,.,,#, to wit: an i$hone, at or near ( North Center 6treet, )eno,
7ashoe Count!, Ne;ada, such "ro"ert! Aeing oBned A! C%)9 <%B=E, 1or his oBn
gain or to "re;ent the true oBner 1rom again "ossessing said "ro"ert!, knowing that
the property was obtained by means of larceny or under such circumstances as
should have caused a reasonable man to know that such goods were so obtained.
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3oBe;er, as shoBn aAo;e, DD8 9oungFs 8mended Com"laint sim"l! 1ails to
s"eci1! in an! Ba! Bhatsoe;er Bhom GstoleG the "ro"ert! or hoB Coughlin GDneBG or under
Bhat circumstances Coughlin Gshould ha;e DnoBn that such goods Bere so oAtainedG A!
Glarcen!G. 2t is "reCudicial to alloB such a de1icient 8mended Com"laint to stand.
GBernier Bas ordered to stand trial 1or "ossession o1 stolen "ro"ert!, a
;iolation o1 N)6 0,+.07+. Bernier then "etitioned 1or a Brit o1 haAeas cor"us
contending the e;idence adduced A! the "rosecution Bas insu11icient to estaAlish
"roAaAle cause that she had committed the charged o11ense. -he district court
considered and denied her "etition and Bernier here reasserts the same contention.
Bernier does not den! ha;ing "ossessed the "ro"ert!: rather, she argues the "roo1
did not shoB that she DneB the "ro"ert! Bas stolen and that such DnoBledge
cannot Ae in1erred 1rom mere "ossession. 7e agree that mere "ossession is
insu11icient to estaAlish the requisite DnoBledge: hoBe;er, "ossession is a 1act
Bhich ma! Ae considered Bith all other 1acts A! a reasonaAle "erson in
1ormulating a strong sus"icion that Bernier DneB the "ro"ert! Bas stolen. 6ee
6taaA ;. 6tate, 9, Ne;. 347, +0' $.0d 33* (974#G BE)N2E) ;. 63E)2..,
C=8)J C%5N-9, +'9 $.0d 4,' (977#.
G7iechers Bas ordered to stand trial on...N)6 0,+.07+... he contends...
the state 1ailed to "roduce su11icient e;idence to estaAlish "roAaAle cause that he
committed the charged o11enses. 7e agree. ... testi1ied that at no time did the! tell
7iechers that the engines Bere stolen. -he record shoBs the testimon!...Bas
gi;en in e/change 1or the "rosecutorFs agreement, inter alia, to a11ord them "artial
immunit! and other s"ecial considerations. -his record is Aarren o1 an! in1erence
or suggestion that 7iechers Bas im"licated in an! manner in V or Bith V the
VolDsBagen the1t ring: and, in 1act, it a11irmati;el! shoBs that he had no
DnoBledge that the engines had Aeen stolen.( 6ee 6taaA ;. 6tate, 9, Ne;. 347, +0'
$.0d 33* (974#. .urthermore, 7iechers "aid 1or the stolen engines in the
ordinar! course o1 Ausiness Bith his GregularG Ausiness checDs. -his conduct
alone a""ears to us to Ae inconsistent Bith the stateFs argument that 7iechers
DneB o1 and "artici"ated in the charged criminal acti;it!. 8ccordingl!, Be
conclude the state did not meets its Aurden o1 shoBing "roAaAle cause, as required
A! . 72EC3E)6 ;. 63E)2.., 7863%E C%5N-9, +43 $.0d (347 (97+#.
6imilarl!, Coughlin himsel1 called 9((. Nothing on the ta"e o1 the arrest can Ae said to
demonstrate Coughlin re1using an! instruction o1 the )$D. )ather, Coughlin asDed a 6ocratic st!le
question and the )$D o11icer told Coughlin to sto" talDing. Coughlin Bould ha;e Aeen suACect to a
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disturAing the "eace charge had he 1ailed to 1olloB the %11icerFs instruction. -here is sim"l! no
e;idence to su""ort an! o1 the elements o1 the crime charged conclusi;el!.
6taaA ;. 6tate, 9, Ne;. 347, 3+,, +0' $.0d 33*, 34, (974#: G2t is the 1act o1
"ossession that "ro;ides the in1erence o1 guilt, an in1erence Bhich is 1ounded on the
mani1est reason that Bhen goods ha;e Aeen taDen 1rom one "erson and are quicDl!
therea1ter 1ound in the "ossession o1 another there is a strong "roAaAilit! that the!
Bere taDen A! the latter. 6tate ;. 9oung, 0(7 6o.0d +'7 .la. (9'*#. 7einstocDFs
"rior oBnershi" Bas clearl! estaAlished and 6taaAFs "ossession under all
circumstances raised the in1erence o1 guilt that Bas le1t une/"lained.G
-he i$hone Bas not taDen 1rom <oAle. )egardless o1 Bhich o1 the ;ersions <oAle gi;es that
!ou go A! in his 9(( call he sa!s he Bas in his 4ee", Bhich Bas Gright thereG, Bhile in his 7itness
6tatement he indicates he Bas standing aAout (+ 1eet aBa! 1rom Bhere he set his "hone doBn#, it is
clear that the "hone Bas not GtaDen 1romG <oAle. Zarate, according to Duralde 6u""lementar!
Declaration sa!s the "hone Bas graAAed 1rom the ledge, Aut then Zarate, in his 7itness 6tatement
sa!s the "hone Bas gi;en to Coughlin A! the unidenti1ied man, the same man Nicole 7atson admits
on the ta"e o1 8ugust 07th, 0,(( that she heard and saB hold the i$hone alo1t and threaten to GthroB
it in the ri;erG i1 someone didnFt claim it immediatel! on the ;ideo, Zarate is then seen "ulling
7atson aside, BalDing her aBa! 1rom the camera, and, seemingl!, dissuading her 1rom 1urther
undermining ZarateFs crediAilit! Bith her oBn statements, Bhich are a ;ast de"arture 1rom ZarateFs
to the )$D#.
Dutton ;. 6tate, 94 Ne;. 4'(, +*( $.0d *+' (97*#: G3ere Dutton claimed
he did not "ersonall! "ossess the stolen camera, and did not ha;e s"eci1ic
DnoBledge that it Bas stolen... 7e there1ore "ercei;e no error A! the district court
in admitting the e;idence to shoB Aoth the circumstances surrounding the
transaction, and DuttonFs DnoBledge o1 the stolen character o1 the goods. 0.
Dutton ne/t claims the e;idence Bas insu11icient to sustain the con;iction,
Aecause the 6tate 1ailed to "ro;e he DneB the camera Bas stolen,...2n order to
sustain a con;iction 1or "ossession o1 stolen "ro"ert! the 6tate must shoB: (# the
"ro"ert! Bas in 1act stolen, 0# the "ro"ert! Bas "ossessed A! the accused Bith
DnoBledge that it Bas stolen at the time o1 "ossession, and 3# the "ro"ert! Bas
"ossessed A! him Bith the 1elonious intent o1 de"ri;ing the true oBner o1 the
"ro"ert!. ...GJnoBledge that "ro"ert! Bas stolen can seldom Ae "ro;ed A! direct
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e;idence and resort must o1ten Ae made to circumstantial e;idence.... -here is
aAundant corroAoration in the instant case: the camera Bas sold at a grossl!
inadequate "rice: Dutton engaged in 1urti;e conduct in negotiating Bith the
underco;er o11icer: he DneB the dealer Bas a 1ence: and con1licts Bere "resent in
his testimon! dealing Bith his reasons 1or coming to 8cme.G
6imilarl!, Coughlin himsel1 called 9(( re"orting the ;iolent, threatening, and menacing
Aeha;ior o1 <oAle et al. Nothing on the ta"e o1 the arrest can Ae said to demonstrate Coughlin
re1using an! instruction o1 the )$D. )ather, Coughlin asDed a 6ocratic st!le question and the )$D
o11icer told Coughlin to sto" talDing. Coughlin Bould ha;e Aeen suACect to a disturAing the "eace
charge had he 1ailed to 1olloB the %11icerFs instruction. -here is sim"l! no e;idence to su""ort an!
o1 the elements o1 the crime charged conclusi;el!. -o sa! CoughlinFs inquiring as to Bhether he
might ha;e an! Constituional right to re1rain 1rom o"ening his "ocDets to an! "olice o11icer Bhom
might liDe to see Bhat are in them, regardless o1 hoB shaD! and inconsistent the su""osed
statements su""orting the "roAaAle cause are noAod! is talDing aAout hoB a man GsocDed a minorG
noB, or e;en u"on the arri;al o1 the )$D...Zarate et alFs statements are ri1e Bith inconsistencies, as
are the ta"es o1 <oAleFs 9(( calls, etc.
SUPPRESSION MOTION
7hat seems clear 1rom re;ieBing %11icer DuraldeFs Narrati;e in his 8rrest )e"ort is a clear
retaliator! Aent A! Duralde to taDe re;enege u"on the laB!er Bho Bould dare suggest a detainee
might ha;e some sort o1 rights and that there e/ists some actual standard the )$D must meet "rior to
conducting a search incident to arrest. -hat Narrti;e reads:
G2 contacted de1endant Zachar! C%5<3=2N, Bho 1it the descri"tion o1 the
sus"ect and Bas "ointed out A! the "eo"le in the grou". 2 told him that i1 he had
someone elseFs "hone that Be might Ae aAle to settle the issue A! him Cust gi;ing
the "hone AacD. C%5<3=2N re"lied A! sa!ing that 2 did not ha;e enough
in1ormation 1or a -err! sto". 2 told C%5<3=2N that 2 did ha;e enough
in1ormation 1or a -err! sto" and asDed him again i1 he had the "hone.
C%5<3=2N then asDed me i1 he had the right to not ansBer m! question and 2
in1ormed him that he did ha;e that right. C%5<3=2N Bas Bearing Aagg!
clothing that could conceal a Bea"on according to m! training and e/"erience.2
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then asDed C%5<3=2N to stand u" and mo;e aBa! 1rom the grou" o1 "eo"le that
had Aeen detaining him. C%5<3=2N com"lied and 2 "er1ormed a "at search 1or
Bea"ons.G
8s the ;ideo o1 the arrest demonstrates, Coughlin Bas actuall! Bearing a thin t>shirt and a
thin "air o1 Bhite and Alue "laid summer shorts Bith onl! the t!"ical one "ocDet "er side. Not cargo
shorts, Cust thin Bhite cotton Bith Alue "laid regular old gu! shorts. 6o, in other Bords, %11icer
DuraldeFs Gtraining and e/"erienceG teaches him that he can "rett! much Custi1! "atting all o;er
someAod! an!times he 1eels liDe it es"eciall! i1 the sus"ect tries to suggest he might ha;e some
GrightsG#, as long as Duralde maDes mention o1 the GAagg! clothingG the sus"ect had on, and the
GAagg! clothing that could conceal a Bea"on according to his# training and e/"erienceG. 8 similar
gaming o1 the s!stem is re;ealed in Duralde o;ercharging Coughlin 1or a 1elon!, 1or a three and a
hal1 !ear old i$hone that Bas Aarel! Borth I3,, neB, and Bhich Bould ha;e onl! Aeen Borth
a""ro/imatel! I'+.,, at the time o1 the arrest, assuming it Bas in good condition and Bould come
Bith a short Barrant! u"on "urchase, Bhich is not clear at all.
NRS 171.136 When arrest may be made:
G (. 21 the o11ense charged is a 1elon! or gross misdemeanor, the arrest ma! Ae
made on an! da!, and at an! time o1 da! or night.
0. 21 it is a misdemeanor, the arrest cannot Ae made AetBeen the hours o1 7 ".m.
and 7 a.m., e/ce"t:
a# 5"on the direction o1 a magistrate, endorsed u"on the Barrant:
A# When the offense is committed in the presence of the arresting
officer:...
d# 7hen the o11ense is committed in the "resence o1 a "ri;ate "erson and
the "erson maDes an arrest immediately a1ter the o11ense is committed:
2t Bould Ae inaccurate to suggest <oAle et al made a citiEens arrest. -he ;ideo 1rom Cust
"rior to the )$D arri;ing demonstrate as do the )$D dis"atch records# that Coughlin himsel1 made
a 9(( call and , on the ;ideo, Coughlin is heard suggesting e;er!one rela/ and Bait 1or the "olice to
arri;e in a "eace1ul a""roach to resol;ing the situation. -hat Aeing the case, %11icer Duralde and
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this is Aelied A! the smug commentar! he made to Coughlin indicating as much# Bas le1t
o;ercharging the crime A! in1lating the ;alue o1 the i$hone# su11icient to maDe a 1elon! charge,
thereA! o;ercoming the "roAlem Bith the 1act that, as it Bas a1ter 7 ".m., and the alleged o11ense
Bas not Gcommitted in the "resence o1 the arresting o11icerG, %11icer Duralde Bould ha;e otherBise
Aeen aAle onl! to issue a citation, rather than conduct a search incident to arrest and a custodial
arrest much less in1late CoughlinFs Aail and cause Coughlin the greater emAarassment o1 a 1elon!
arrest on his record, all added Aene1its to charging Coughlin Bith a 1elon! that Coughlin o"enl! and
smugl! remarDed on to Coughlin. But, %11icer DuradleFs cle;er gaming o1 the s!stem Bas not o;er
!et. Ne/t he attem"ts to e/cuse his 1ailure to countenance an! o1 CoughlinFs com"laints o1 assault
and Aatter! A! the grou" o1 aggressi;e !ouths, Bhile Bea;ing in a GcitiEenFs arrestG rationale that no
one else had managed to suggest at that "oint, certainl! not <oAle and his 1riends. 8ctuall!, <oAleFs
9(( calls sa!s Cust the o""osite, ie, that Coughlin Gis Aeing su"er aggressi;e and gi;en us all sorts o1
trouAleG. DuraldeFs Narrati;e continues:
G8s 2 checked C%5<3=2NFs le1t 1ront shorts "ocDet, he !elled loudl! that 2 had
Cust graAAed his "enis. 2 could 1eel an oACect resemAling a "hone in the "ocDet Aut
not a "enis. 8s C%5<3=2N Bas tr!ing to maDe a scene and was very hesitant
to follow the directions that I was giving him, 2 "laced him in handcu11s.
%11icers 8=8J68 and )%68 Bere there Bith me at that time.
Duralde ne;er gets around to mentioning, s"eci1icall!, Cust hoB and aAout Bhat Coughlin
Bas Aeing G;er! hesitant to 1olloB the directions thatG he Bas Ggi;ing himG. 4ust e/actl! hoB Bas
Coughlin GAeing hesitantG. 21 a detainee has a "roAlem Bith an %11icerFs Aare hands touching the
sDin on his "enis, does that mean the detainee is Gtr!ing to maDe a sceneGN 8""arentl! this Aeing
G;er! hesitant to 1olloB the directionG Duralde Bas gi;ing Coughlin Bas alarming enough to Custi1!
Duradle then "lacing Coughlin in hand cu11s, a""ro/imatel! one minute into Duralde arri;ing on
the scene. %11icer Duralde 1ails to mention in his Narrati;e Bhat the ;ideoHaudio o1 the arrest
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demonstrates occuring at this time, ie, that Coughlin, at the 3:4+ minute marD o1 the + minute (7
second ;ideo o1 the arrest can Ae heard asDing the )$D Gdo !ou ha;e the right to Ae going through
m! "ocDets right noBNG. -his Ggoing throughG o1 the "ocDets Bould ha;e Aeen occurring Bhile
Coughlin Bas handcu11ed as indicated in DuradleFs re"ort, Aut still onl! Aeing GdetainedG. 6o,
according to these o11icers, one can Ae handcu11ed and ha;e the "olice going through the contents
o1 their "ocDets not Cust mani"ulating the e/terior o1 their clothing under some tortured a""lication
o1 the G"lain 1eelG doctrine# Bithout that Aeing, technicall!, a Gsearch incident to arrestG. DuraldeFs
Narrti;e continues on to demonstrate Duralde seemingl! reading a "h!sical inCur! element into the
crime o1 assault rather than Cust mere a""rehension o1 immediate and suAstantial Aodil! harm# in
demang that Coughlin "ro;ide some "roo1 o1 "h!sical inCuries to Duralde Ae1ore CoughlinFs
allegations regarding the misconduct o1 <oAle et al Bould Ae gi;en an!Bhere near the attention
<oAleFs allegation Bhere Aeing gi;en A! Duralde at that time. <oAle, hoBe;er, did not trouAle
%11icer Duralde Bith an! "esD! allusions to oneFs Constitutional )ights, so, "erha"s, that could
e/"lain the seemingl! di11ering standards o1 "roo1 %11icer Duralde a""lies to allegation "resented
to him A! dis"uting "arties::
GC%5<3=2N then stated that he had Aeen assaulted A! the grou" o1 "eo"le Bho
Bere Bith the victim. 2 asDed C%5<3=2N i1 he had any injuries to substantiate
the claim and he stated that he did not. 2 then in1ormed C%5<3=2N that they
had legal authority to detain him as he had Aeen observed taking the phone.
C%5<3=2N continued to sa! that he Banted to "ress charges 1or assault against
the "eo"le Bho had detained him.G
7hat is interesting is that Duralde does not 1ind Coughlin Ghad legal authorit!G to "ress
charges against those Bho assaulted him as the! has G"laced him in imminent 1ear o1 suAstantial
Aodil! harmG, e;en though Coughlin had GoAser;edG them doing so. 2t Cust seems liDe, once one
in;oDes an! sort o1 Constitutional )ight, )$D %11icers o1 DuraldeFs ilD get e/ceedingl! cle;er in
e/cising an! sort o1 rights one might Bish to assert 1rom those a;ailaAle to an!one Bho doesnFt so
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assert a Constitutional )ight at some "oint in the interaction. 8nd that is te/tAooD retaliation.
)etaliator! arrest. )etaliator! "rosecution. DuraldeFs Narrati;e continues:
G2 le1t C%5<3=2N Bith %11icers 8=8J68 and )%68 so that 2 could continue
Bith m! in;estigation. Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that
he has an 8""le i$hone that he had bought a couple of years ago 1or I3,,.
<%B=E had set his phone down on a concrete wall in the "laEa at and was
skateboarding approximately 15 feet away from it. <%B=EFs 1riend, Nathaniel
ZARATE, then in1ormed him that COUGHLIN had just walked by and taken
GOBLE's phone... 2 ne/t s"oDe Bith ZARATE Bho confirmed that he had
observed COUGHLIN take GOBLE's phone from where GOBLE had set it
down, and then oAser;ed C%5<3=2N "ut it in his left 1ront shorts "ocDet. 2
oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and
touched the outside o1 his shorts Bhere 2 had "re;iousl! 1elt the "hone 2 could 1eel
the "hone ;iArating. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone in C%5<3 =2NFs "ocDet sto""ed ;iArating. 2 then "laced
C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the "ro"ert! o1
another "erson ;alued aAo;e I0+,.G
Here's a transcript of the 911 call by Cory Goble made August 20, 2011 at 11:22:0 pm:
911 dispatcher !cott "eese: 911 #hat is your emergency
Goble: hi this guy $ust told my phone he's right here he's li%e getting super aggressi&e #e are do#nto#n right
by the ice rin% and #e ha&e been standing here he's not gi&ing it bac%
"eese o%ay so someone stole your cell phone'
Goble yes he is right here and he #ill not gi&e it bac% to us this is gi&en as a bunch of trouble
"eese ho# did he end up #ith your cell phone'
Goble: and he's trying to get a#ay, no that's it, and he's trying to get a#ay too(
"eese: ho# did he end up #ith your cell phone'
Goble: my phone #as sitting on the on the ledge and ) #as s%ateboarding and stuff and he $ust pic%ed it up
e&eryone sa# him pic%ing up #e $ust called it #e are *the call records indicate a call #as made to the i+hone
at 11:21 pm, so, e&en if it did light up, Goble is again lying to the 911 operator by alleging #as presently
seeing it light up during the call, seeing it light up in his poc%et and he #ill gi&e it bac%
Austin -ichty in the bac%ground: gi&en the fuc%ing phone bac% is that your dog
Coughlin in the bac%ground: you $ust assaulted me.
/0C guy is that your dog' ) touch your bi%e
Coughlin yes that is called assault
/0C guy it's on the side#al%
Goble can you send someone do#n here'
"eese o%ay #ere getting information #hat is the race of the suspect #hite blac% or Asian'
Goble he is #hy him he has a red Chicago hat on #e are at first reading center and he is trying to get a#ay
from us to
"eese are you a 0irst and Center or 0irst and 1irginia'
Goble first in center for cop comes right no# #e #ill #ai&e him do#n( 2ude, $ust gi&e me my phone( )t is in his
poc%et $ust get it out(( )'m about to grab it out of his poc%et(
"eese: about ho# old is the suspect'
Goble #hat's that' ) am tal%ing to the cops right no#(
"eese about ho# old is the suspect'
Goble ) dont %no# about 3(
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"eese that ho# tall is he
Goble he's li%e maybe about si4 to ) don't %no#
"eese about ho# much does he #eigh appro4imately
Goble: about 210
"eese: #hat color hair does he ha&e
Goble 5ro#n
"eese: does he ha&e any facial hair
Goble no
"eese: #hat color shirt does he ha&e on'
*1:60 mar% on 911 call,
Austin Lichty: give us the phone faggot.
Goble's li%e #hite or yello# ) can tell right no# #e ha&e them right here
"eese #hat color pants does he ha&e on
Goble plaid shorts
"eese does anybody ha&e any #eapons
Goble no ) don't thin% so he $ust has a bi%e #ith a chain on it(
Austin -ichty: the chain bro%e
"eese he has a pipe #ith a chain on it'
Goble %no# he's got a bi%e #ith the chain and he's $ust getting super aggressi&e #ith as he grabbed my phone
and he's right here and he #ill not gi&e it bac% to us( 2ude $ust grab my phone ) s#ear it's right there in his
poc%et, dude(
* at the 2:19 mar% of the audio for this 911 call,
Coughlin: if you reach into my pocket I guarantee you I will sue you
Goble give me my phone back what is the big deal
Coughlin son son don't put your phone down on the ground
Goble: I'm not your son
Coughlin: and then skateboard a mile away him
Goble: you are !ust admitting you stole it" #screaming$ I was right here my fucking %eep was right here
my %eep is right there give me my phone back" Give me my phone back"
"eese: #hat's your last name' (((("hat's your last name'
#e s#itch her last name
*Coughlin can hardly be said to be attempting to hide anything from Goble gi&en the e4change abo&e #herein
Coughlin broaches the possibility that Goble may ha&e said his phone do#n and abandoned or mislaid it and
therefore e&en though the larcenous intent must be concomitant #ith the finding or recei&ing or the initial
possessing of any such property and e&en though any subse7uently e&ol&e larcenous intent is rele&ant
Coughlin statements in this 911 call for the repeal a lac% of an intent to mislead or decei&e or other#ise e&ents
of larcenous moti&e to#ards Goble or anyone else( 8here could be a great deal reasons #hy one may not
#eigh their fourth amendment rights that do not in&ol&e the larcenous intent( )ndeed $ust ta%ing a 7uic% loo% at
the police misconduct and prosecutorial retaliation that has occurred in this case pro&ide all the reasoning one
#ould e&er need to refuse to #ai&e their fourth amendment or fit,(
89A:!C9)+8: August 2;th, 2012 11:3;:01 am
state: and then you stated you did a patdo#n search can you describes specifically #hat that is as to <r(
Coughlin Heidi conducted that as to <r( Coughlin Heidi conducted that
tal%ing for patdo#n search #ere basically chec%ing someone's person should %no# #eapons or consult is )
don't recall ho# e4actly ) #ent through the #hole search for ne# teachers to methodically chec% o&erlapping
areas suing a miss anything #hen ) recall #hen ) chec%ed <r( Coughlin's right side and is sure his poc%et
-eslie ) ob$ect to test and phone in the officer is dra#ing in a proper conclusion
$udge you sustain that ob$ection you can describe it
don%ey ) felt an ob$ect to li&e in
#hat an ob$ect and you #ill not his conclusions
$udge ) #as sustained the ob$ection again certain inscribed this shape e&en a minor detail if you #ish that this
photo can be sustained
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don%ey ) don't recall on minute details out of my conclusion
$udge do you recall the shape or anything 7uestion are
don%ey no ) can't say that ) do you
state o%ay to recall #hile your conduct is patdo#n #hat if anything <r( Coughlin said
don%ey as ) #as continuing this patdo#n and ) got to <r( Coughlin's left front shorts poc%et he began yelling
something along the lines of ) #as inappropriately touching his penis
state #ere you
don%ey no
state o%ay
state at this time of 2(2 #hich are $ust no# you reach her hand in bo4 <r( Coughlin
tal% no#
say ) guess it's $ust listed pitchers of poc%ets
not %no#
stay in your discriminate search for #eapons
tal% yes
state you're from the search incident to arrest is there is a lie(yes
state your patdo#n search is used Gerhard 20 seconds to a search is arrest you surgeons you are ta%eout
and so basically are #e are loo%ing for any contraband or illegal items do#n to in the past about searches ride
located in and methamphetamine #eighing 100 g and
standouts #hich are tal%ing about the surgeon's arrest
ah yes
you about his archers is as you say nonintrusi&e
stay and #hy can e4plain #hat e4actly #hat it is a nati&e searching for #eapons but #hat e4actly is going
don%ey #itness the outside of the clothing
state o%ay
$udge this year #ith t#o people sitting out ) thin% #e probably #ould not bond this this morning should #e tell
them they can come bac%
state their o%ay then no# them their =our Honor that's o%ay
attem"t at transcriAing Bith Dragon 1or * 09 (0 $art 3 )C)0,((>,'334(
8ugust 09th, 0,(0 7ednesda!
((:(*:,* am
3im Cudge: Be Bill go 1orBard then 1irst o1 all 2 am gonna rule Aased u"on an in camera hearing is not 1ind that a con1lict
o1 interest that Ba! Ae so suAstantial as to den! the de1endant si/th amendment right to counsel in this case. 8nd Bith
res"ect to the .aretta can;as 6ir 2 Aelie;e !ou are a Arilliant "erson 2 am re1erring to ?r. Coughlin here
DuraldeFs calling the "hone Bas a GsearchG Bhich occurred "rior to the "oint o1 arrest.
-he 6e;enth Circuit indirectl! addressed the issue in 5nited 6tates ;. $ineda>8reola. 370 .ed. 8""/. ''(. 7th Cir.
0,(,#. 2n $ineda, o11icers arrested the de1endant 1or Aeing in the 5nited 6tates illegall! and seiEed a cell "hone in his
1ront "ocDet. 2d. at ''0. 8n o11icer then called a numAer that Bas used A! a sus"ected alias o1 the de1endant 1or drug deals
and the de1endantRs "hone rang. 2d. -he Court concluded that e;en i1 calling the "hone Bas a search, the o11icers Bere
entitled to search the de1endant and his "hone incident to arrest. 2d. at ''3. citing )oAinson, 4(4 5.6. at 03+: 5nited
6tates ;. %rtiE, *4 ..3d 977, 9*4 7th Cir. (99'#: .inle!, 477 ..3d at 0+*>',#.
-he Ninth Circuit had an o""ortunit! to address the issue o1 Bhether "olice are "ermitted to search a smart"hone or
la"to" during a search incident to arrest or later, Aut did not, in 5nited 6tates ;. )oAerts. 3(9 .ed. 8""/. +7+ 9th Cir.
0,,9#. -he de1endant claimed that ;ideo 1rom a cell "hone should ha;e Aeen su""ressed Aecause there Bas no Barrant to
search the "hone and the "hone Bas not searched until o;er a month 1rom Bhen it Bas seiEed 1rom a Barrantless search
o1 his ;ehicle. 2d. at +7*. -he Court did not address the issue Aecause it 1ound an! error 1rom admitting the ;ideo 1rom
the cell "hone to Ae harmless. 2d. Coughlin urges the Court to de1ine an im"ortant limit
to the go;ernmentRs authorit! to collect digital in1ormation aAout its citiEens
and hold that laB en1orcement o11icers must ha;e a Barrant su""orted A!
"roAaAle cause to search a "ortaAle digital de;ice seiEed u"on arrest.
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61 S. C. L. Rev. 843
811irming a Cudgment con;icting the de1endant o1 aggra;ated roAAer! o1 a grocer! store, the court in $age ;. 6tate, (0+
6.7.3d '4, -e/. 8"". 3ouston (st Dist. 0,,3#, "etition 1or discretionar! re;ieB re1used, 4une 3,, 0,,4#, held that
Bhere the storeFs digital recording s!stem recorded images 1rom (' ;ideo cameras and automaticall! sa;ed those images
onto a com"uter hard dri;e, the trial court did not aAuse its discretion in admitting a ;ideota"e o1 the roAAer! "rinted o11
the hard dri;e, as the e;idence Bas "ro"erl! authenticated under -e/. ). E;id. 9,(. -he storesF loss "re;ention
in;estigator testi1ied that he arri;ed at the store shortl! a1ter "olice. %nce there, he accessed the digital recording s!stem,
re"la!ed the recording o1 the roAAer! 1or the o11icers, "roduced a still "hotogra"h o1 the de1endant 1rom the digital
recording s!stem, co"ied the recording o1 the roAAer! onto a ;ideota"e, and ga;e the still "hotogra"h and the ;ideota"e to
the o11icers. -he de1endant asserted that the in;estigator could not testi1! as to the accurac! o1 the contents o1 the
;ideota"e Aecause he Bas not "resent in the store at the time o1 the roAAer!. -he court reasoned that the in;estigatorFs
testimon! Bas su11icient e;idence to enaAle a reasonaAle Curor to conclude the ;ideota"e Bas Bhat the 6tate claimed it to
Ae. -he court added that the in;estigator re;ieBed the ;ideota"e Ae1ore trial and testi1ied that it had not Aeen altered in
an! Ba!.
21 the search>incident>to>arrest e/ce"tion alloBs the "olice to search a digital de;ice a1ter its oBner is taDen into custod!
and no longer has control o;er it, o11icers Bill ha;e incenti;e to search all arresteesR de;ices as a routine matter rather
than seeD a "roAaAle cause Barrant later that might Ae limited in sco"e. 6ee 5nited 6tates ;. Com"rehensi;e Drug
-esting, '0( ..3d (('*, ((7*>*, 9th Cir. 0,(,# JoEinsDi, 4., concurring# o11ering guidance to hel" magistrate Cudges
ensure that Barrants 1or digital searches do not Aecome general Barrants#. -his Court should not let the searchincident>to>
arrest e/ce"tion sBalloB the .ourth 8mendment rule.
-he "rimar! o""osition case comes 1rom the %hio 6u"reme Court in 6tate ;. 6mith. 90, N.E.0d 949 %hio 0,,9#
reconsideration denied, 90( N.E.0d 04* and cert. denied, (3( 6. Ct. (,0, 5.6. 0,(,##. 2n a 4>3 decision, the Court held
that a Barrantless search 1or in1ormation in a cell "hone that Bas seiEed incident to arrest ;iolated the .ourth
8mendment. 2d. at 9+4. -he Court reasoned that the search Bas not necessar! 1or o11icer sa1et!, and there Bere no
e/igent circumstances shoBn, including sus"ect identi1ication or "reser;ation o1 e;idence, to Custi1! the search. 2d. 8
"rimar! determination in this case Bas that cell "hones are not considered closed containers 1or "ur"oses o1 the .ourth
8mendment. 2d. -he Court reasoned that containers ha;e traditionall! Aeen de1ined as "h!sical oACects ca"aAle o1
holding other "h!sical oACects, Aut cell "hones are unique tools ca"aAle o1 holding tremendous amounts o1 electronic
data, more liDe la"to"s, and thus ha;e a greater e/"ectation o1 "ri;ac!. 2d. at 9++.
-he .i1th Circuit has ruled in one case Bhere the Barrantless search o1 a cell "hone Bas in;alid. 2n 5nited 6tates ;.
Za;ala, the Court held that e;en though there Bas reasonaAle sus"icion to Custi1! a tra11ic sto", it Bas not enough to gi;e
rise to "roAaAle cause Bhich Bould Custi1! the search o1 cell "hones on the de1endantsR "ersons incident to arrest. +4(
..3d +'0, +74 +th Cir. 0,,*#. Essentiall!, the search o1 the "hones "rior to ha;ing "roAaAle cause could not then gi;e the
"roAaAle cause necessar! 1or an arrest, Bithout a Barrant. 2d. at +74 >+7+. .urther, consent A! de1endant to search the car
did not e/tend to his cell "hone, Bhich Bas immediatel! taDen 1rom de1endant and "laced on the roo1 o1 the car. 2d. at
+7'. .inall!, search o1 the cell "hones 1or numAers Bas 1ound to Ae Ae!ond the "rotecti;e search alloBed A! -err!. 2d. 2t
is im"ortant to note that this case did not state search o1 cell "hones incident to arrest ;iolated the .ourth 8mendment,
rather the case stands 1or the "ro"osition that a ;alid arrest must Ae made, or at least there must Ae a good 1aith Aelie1 that
a ;alid arrest is "ermissiAle, Ae1ore a cell "hone ma! Ae searched incident to arrest.
8 hand1ul o1 other courts ha;e also 1ound in;entor! and AooDing searches o1 cell "hones ;iolated the .ourth 8mendment.
5nited 6tates ;. .lores, (00 .. 6u"". 0d 49( 6.D. N.9. 0,,,# holding a1ter "ur"oses o1 initial in;entor! search had
Aeen met, suAsequent, "urel! in;estigator! search o1 cell "hone in automoAile Bas im"ro"er#: 5nited 6tates ;. $arD, 0,,7
7= (+0(+73 N.D. Cal. 0,,7# holding Barrantless search o1 laB1ull! seiEed cell "hones did not meet AooDing e/ce"tion
Aecause the! Bere surre"titious and in;estigator!, not "ursuant to standard "rocedures, no reason articulated Bh!
searches Bere necessar! to 1ul1ill legitimate go;ernment interests in AooDing searches#: 5nited 6tates ;. 7all, 0,,* 7=
+3*(4(0 6.D. .la. 0,,*# a11Rd on other grounds, 343 .ed. 8""/. +'4 ((th Cir. 0,,9# holding search o1 te/t messages
did not constitute in;entor! search since there Bas no need to document "hone numAers, "hotos, te/t messages or other
stored data to "ro"erl! in;entor! the de1endantRs "ossessions since the threat o1 the1t Bas to the "hone itsel1, not
in1ormation stored u"on it#. 2n;entor! searches uni1orml! a""ear to alloB the seiEure o1 cell "hones, Aut are unliDel! to
Custi1! an actual search o1 them.
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-he 6earch>2ncident>-o>8rrest Doctrine Does Not =egitimiEe -he 7arrantless 6earch %1 -he Entire Contents %1 8 Cell
$hone.
%nce a digital de;ice is securel! in "olice hands, there is no danger to the arresting o11icers, no "ossiAilit! o1 destro!ing
e;idence, and Lno "ossiAilit! that an arrestee could reach into the area that laB en1orcement o11icers seeD to search.M
8riEona ;. <ant, YY 5.6. YY, (09 6. Ct. (7(,, (7(' 0,,9#. -he search>incident>to>arrest e/ce"tion should not a""l!
under these circumstances. 8lloBing otherBise Bould Ae tantamount to Lgi;ing "olice o11icers unAridled discretion to
rummage at Bill among a "ersonRs "ri;ate e11ects,M <ant, (09 6. Ct. at (70,, or "ermitting o11icers to ri1le through the
desD draBers in a room Bhere one is arrested, Chimel, 39+ 5.6. at 7'3, "ro"ositions e/"licitl! reCected A! this nationRs
highest court.
8. -he 6earch>2ncident>-o>8rrest E/ce"tion Does Not 8""l! 7here %11icer 6a1et!, E;idence Destruction %r %ther
E/igencies 8re Not Concerns.
-he 6u"reme Court has long held that "ur"ose 1or the search>incidentto>arrest e/ce"tion is rooted in e/igenc!: most
notaAl!, the need 1or o11icer "rotection and the need to ensure that e;idence is not destro!ed A! the arrestee. <ant, (09 6.
Ct. at (7(4: Chimel, 39+ 5.6. at 7+3: see also 5nited 6tates ;. )aAinoBitE, 339 5.6. +', 70 (9+,# .ranD1urter, 4.,
dissenting# discussing the histor! o1 the search>incident>to>arrest e/ce"tion#. But such searches Lmust not Ae a ruse 1or a
general rummaging in order to disco;er incriminating e;idence.M 5nited 6tates ;. .eldman, 7** ..0d +44, ++3 9th Cir.
(9*'#.
-he Court em"hasiEed this "rinci"le Cust tBo !ears ago Bhen it strucD doBn the Barrantless search o1 an arresteeRs CacDet
"ocDet inside a car a1ter he Bas in custod! and no longer aAle to access the interior o1 his ;ehicle. 2n 8riEona ;. <ant, the
"olice arrested the de1endant 1or di;ing Bith a sus"ended license. (09 6. Ct. at (7(4. 7hile he Bas in custod! and
handcu11ed in the AacD o1 a "atrol ;ehicle, the o11icers searched the inside o1 his car Bithout a Barrant and 1ound cocaine
in the "ocDet o1 a CacDet on the
AacDseat. 2d. -he Court e/"lained: L21 there is no "ossiAilit! that an arrestee could reach into the area that laB
en1orcement o11icers seeD to search, Aoth Custi1ications 1or the search>incident>to>arrest e/ce"tion are aAsent and the rule
does not a""l!.M 2d. at (7(' em"hasis added#. -he Court 1urther elaAorated:
8 rule that gi;es "olice the "oBer to conduct Sa search incidentto arrestT Bhene;er an indi;idual is caught committing a
tra11ico11ense, Bhen there is no Aasis 1or Aelie;ing that e;idence o1the o11ense might Ae 1ound in the ;ehicle, creates a
serious and reoccurring threat to the "ri;ac! o1 countless indi;iduals. 2ndeed, the character o1 that threat im"licates the
central concern underl!ing the .ourth 8mendment V the concern aAout gi;ing "olice o11icers unAridled discretion to
rummage atBill among a "ersonRs "ri;ate e11ects.
2d. at (70,.
-he CourtRs reasoning in <ant 1loBs logicall! 1rom Chimel ;. Cali1ornia, a case in Bhich "olice o11icers searched the
de1endantRs entire home incident to a laB1ul arrest. 39+ 5.6. 7+0, 7+3 (9'9#. -he Court 1ound the search
unconstitutional, determining that the "olice ma! search an area incident to arrest onl! i1 the s"ace is Bithin an arresteeRs
Limmediate controlM V s"eci1icall!, Lthe area 1rom Bithin Bhich he might gain "ossession o1 a Bea"on or destructiAle
e;idence.M 2d. at 7'3. -he Court noted that the rule LgroBs out o1 the inherent necessities o1 the situation at the time o1
arrest.M 2d. at 7+9 quoting -ru"iano ;. 5nited 6tates, 334 5.6. '99, 7,+, 7,* (94*##. -he Court concluded, hoBe;er,
that there is no
Custi1ication L1or routinel! searching an! room other than that in Bhich an arrest occurs V or, 1or that matter, 1or
searching through all the desD draBers or other closed or concealed areas in that room itsel1.M Chimel, 39+
5.6. at 7'3.
<ant is also consistent Bith 5nited 6tates ;. ChadBicD, 433 5.6. ( (977#, aArogated on other grounds, Cali1ornia ;.
8ce;edo, +,, 5.6. +'+ (9*0#. 2n that case, 1ederal o11icers arrested the de1endants and seiEed 1rom their car trunD a
locDed 1ootlocDer, Bhich the o11icers had "roAaAle cause to Aelie;e contained drugs. ChadBicD, 433 5.6. at 4.
8""ro/imatel! an hour and a hal1 a1ter the arrest, the agents o"ened and searched the 1ootlocDer Bithout a Barrant Bhile
the de1endants Bere in custod! and the o11icers had e/clusi;e control o;er the container. 2d. at 4>+. -he 6u"reme Court
1ound the search unconstitutional, e/"laining:
%nce laB en1orcement o11icers ha;e reduced luggage or other"ersonal "ro"ert! not immediatel! associated Bith the
"erson o1the arrestee to their e/clusi;e control, and there is no longer an!danger that the arrestee might gain access to the
"ro"ert! toseiEe a Bea"on or destro! e;idence, a search o1 that "ro"ert! isno longer an incident o1 the arrest.
2d. at (+. 6ome courts ha;e relied on the 6u"reme CourtRs holdings in 5nited 6tates ;. )oAinson, 4(4 5.6. 0(* (973#
and 5nited 6tates ;. EdBards, 4(+
5.6. *,, (974# to hold that o11icers can search arresteesR cell "hones
incident to arrest, concluding that the! are "art o1 the arresteeRs L"erson.M 6ee, e.g., $eo"le ;. DiaE, 044 $.3d +,( Cal.
0,((#: 5nited 6tates ;. .inle!, 477 ..3d 0+, +th Cir. 0,,7#: 5nited 6tates ;. 9oung, 07* .. 8""/. 040 4th Cir. 0,,*#:
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5nited 6tates ;. ?ercado>Na;a, 4*' .. 6u"". 0d (07( D. Jan. 0,,7#.(+ )oAinson and EdBards, decided nearl! 3, !ears
ago, should Ae read narroBl! in light o1 the more recent holdings in ChadBicD and <ant. 6earches o1 the "erson are
distinguishaAle 1rom searches o1 electronic data stored in de;ices carried A! the "erson, maDing ChadBicD and <ant more
directl! a""licaAle.
2n )oAinson, the "olice "ulled o;er the de1endant Aecause the! Aelie;ed that he Bas dri;ing Bith a re;oDed "ermit and
"laced him under arrest. 4(4 5.6. 0(* at 00,. 7hile the de1endant Bas in custod!, an o11icer searched him and
disco;ered a crum"led cigarette "acDage in his coat "ocDet Bith heroin inside. 2d. at 000>03. -he 6u"reme Court u"held
the Barrantless search, e/"laining that the search>incident>to>arrest e/ce"tion Lhas historicall! Aeen 1ormulated into tBo
distinct "ro"ositions. -he 1irst is that a search ma! Ae made o1 the "erson o1 the arrestee A! ;irtue o1 the laB1ul arrest.
-he second is that a search ma! Ae made o1 the area Bithin
(+ 2ndeed, man! o1 these cases Bere decided Ae1ore <ant rea11irmed that the e/ce"tion does not a""l! LBhere there is no
"ossiAilit! that an arrestee could reach into the area that laB en1orcement o11icers seeD to search.M (09 6. Ct. at (7('.
the control o1 the arrestee.M 2d. at 004 em"hasis added#. -he Court concluded that the "olice searched and seiEed the
"acDage during a laB1ul custodial search o1 the de1endantRs "erson. 2d. at 03'.
2n EdBards, the de1endant Bas arrested and taDen into custod! 1or tr!ing to AreaD into a "ost o11ice. 4(+ 5.6. at *,(. -he
"olice in;estigating the scene noticed that a BindoB had Aeen "ried o"en and that there Bere "aint chi"s on the
BindoBsill and screen. 2d. at *,(>,0. -he "olice seiEed the de1endantRs clothes Bithout a Barrant the ne/t morning Bhile
he Bas still in custod! and e/amined them 1or e;idence, disco;ering "aint chi"s that matched those 1ound at the BindoB.
2d. at *,0. -he Court u"held the search under the search>incident>to>arrest e/ce"tion, reasoning that the "olice had
"roAaAle cause to Aelie;e that the clothes themsel;es Bere e;idence o1 the crime 1or Bhich the de1endant Bas arrested. 2d.
at *,4>,+. -he Court Bas care1ul to reser;e the "ossiAilit! that a Barrant might Ae required 1or o11icers to search Lthe
e11ectsM o1 an arrestee under other circumstances. 2d. at *,*.
-he cell "hone in this case is more liDe the 1ootlocDer in ChadBicD and the CacDet "ocDet in <ant than the cigarette
"acDage in )oAinson or the clothing Born A! the de1endant in EdBards. 2n the 1ormer cases, the
searched item Bas a "ossession in the e/clusi;e control o1 the "olice, raising
no concerns aAout o11icer sa1et! or destruction o1 e;idence. 2n )oAinson and EdBards, the searches u"held A! the
6u"reme Court Bere o1 the arresteeRs "erson, and did not in;ol;e a closed "ossession in the hands o1 the "olice. 7hile an
arrestee ma! ha;e a reduced "ri;ac! interest in his "erson, he does not ha;e a reduced "ri;ac! interest in the contents o1
his "hone in "olice custod!.
-he Ninth Circuit e/"lained this distinction e11ecti;el! in 5nited 6tates ;. ?oncla;o>CruE, in Bhich the "olice searched
the de1endantRs "urse Bithout a Barrant at the station house an hour a1ter her arrest. ''0 ..0d (0*+ 9th Cir. (9*(#. -he
court inter"reted the holdings in ChadBicD, EdBards and )oAinson to mean that Lonce a "erson is laB1ull! seiEed and
"laced under arrest, she has a reduced e/"ectation o1 "ri;ac! in her "erson,M Bhile L"ossessions Bithin an arresteeRs
immediate control ha;e S.Tourth S8Tmendment "rotection at the station house unless the "ossession can Ae characteriEed
as an element o1 clothing.M 2d. at (09, em"hasis added#. 7hile the cigarette "acDage in )oAinson Bas closel! enough
associated Bith clothing to 1all Bithin the e/ce"tion, a "urse seiEed 1rom the de1endant Bas not. 2d. =iDeBise, a cell
"hone V Bith its tremendous ca"acit! 1or storage and high liDelihood o1 carr!ing ;ast amounts o1 in1ormation V is a
"ossessor! item in Bhich a "erson retains a strong "ri;ac! interest, and
cannot sim"l! Ae considered Lan element o1 clothing.M
-he outcome o1 this case should Ae similar to 5nited 6tates ;. $arD, in Bhich laB en1orcement o11icers used the search>
incident>to>arrest doctrine to search se;eral sus"ectsR cell "hones 1or tele"hone numAers during the AooDing "rocess
a""ro/imatel! an hour and a hal1 a1ter the sus"ectsR arrests. No. C) ,+>37+ 62, 0,,7 5.6. Dist. =E&26 4,+9', at PP+>(3
N.D. Cal. ?a! 03, 0,,7#. -he court held that the go;ernment did not meet its Aurden to estaAlish that an e/ce"tion to the
Barrant requirement a""lied to Custi1! the searches. 2d. at P(4. 6"eci1icall!, it 1ound that cell "hones should Ae considered
L"ossessions Bithin an arresteeRs immediate controlM V in Bhich an arrestee has no reduced e/"ectation o1 "ri;ac! and
Bhich recei;e 1ull .ourth 8mendment "rotection at the "olice station V rather than "art o1 Lthe "erson,M an area in Bhich
there is a reduced e/"ectation o1 "ri;ac! a1ter arrest. 2d. at P0(, citing ChadBicD, 433 5.6. at (' n.(,. Critical to the
courtRs decision Bas the 1act that LSiTndi;iduals can store highl! "ersonal in1ormation on their cell "hones, and can record
their most "ri;ate thoughts and con;ersations on their cell "hones through email and te/t, ;oice and instant messages.M
2d. at P00. .urthermore, the court noted that the searches Bent L1ar Ae!ond the original rationales 1or searches incident to
arrest, Bhich Bere to remo;e Bea"ons to ensure the sa1et! o1 o11icers and
A!standers, and the need to "re;ent concealment or destruction o1 e;idence.M 2d. at P04. C1. 6mith, 90, N.E.0d at 9++.
=iDe the de1endants in $arD, the de1endant in this case Bas in "olice custod! Bhen o11icers searched his cell "hone
a""ro/imatel! 4, minutes a1ter arrest. E)>3. 8t the time o1 the search, the de1endant Bas in a holding cell and "osed no
danger to an! memAer o1 laB en1orcement, nor an! threat o1 destro!ing e;idence. E)>3. 8 "olice crime anal!st accessed
the de1endantRs cell "hone solel! to search 1or e;idence, and in 1act 1ound te/t messages and images that he Aelie;ed
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Bere related to this "ur"ose. E)>3>4. =iDe the search in $arD, the Barrantless search o1 the de1endantRs cell "hone here
Bas a 1ishing e/"edition 1or incriminating e;idence, and had nothing to do Bith "reser;ing e;idence or "rotecting o11icer
sa1et!. -he search Bas unconstitutional.
B. No E/igenc! E/ists -o 4usti1! -he )outine 7arrantless 6earch %1 Cell $hones 2ncident -o 8rrest.
-he onl! "otential e/igenc! raised A! the o11icers to Custi1! the search>incident>to>arrest e/ce"tion here is the "ossiAle
loss o1 e;idence i1 the! are required to oAtain a Barrant. -his is not a com"elling argument.
7hile "rograms e/ist that alloB a user to remotel! delete the data on a
de;ice,(' these "rograms cannot delete data unless the user taDes an a11irmati;e action to trigger the deletion, t!"icall!
A! signing into an account online and indicating that he Bishes to LBi"eM the data on the de;ice V something di11icult to
accom"lish Bhile in custod!. 2t is also unliDel! that an arrestee could erase the data on a de;ice A! "lacing a collect call
to a ser;ice "ro;ider 1rom a detention room, as the trial court noted. E)>+>'.
)egardless, an! concern aAout remote Bi"ing can Ae eliminated A! "lacing the seiEed de;ice in a container that Dee"s the
"hone 1rom recei;ing outside communications and maintains the integrit! o1 the data on the de;ice 1or e;identiar!
"ur"oses.(7 2mmediatel! u"on arrest, o11icers can de"osit cell "hones and other digital de;ices into Aags that ser;e this
"ur"ose.(* -o the e/tent that o11icers are concerned that the de;iceRs Aatter! ma! run out Ae1ore the! can secure a
Barrant, the! can charge the Aatter! using a "oBer ada"ter that "lugs into the Ball or a car, or a remote charger.
(' 6ee 4amie =endino, Jill 9our $hone )emotel!, $C?ag.com,
htt"s:HHBBB."cmag.comHarticle0H,,0*(7,03+07++,,,.as" 6e"t. ((, 0,,9#
sur;e!ing the remote Bi"ing so1tBare a;ailaAle 1or di11erent moAile
"hones#.
(7 6ee L.arada! cage,M 7iDi"edia, htt"s:HHsecure.BiDimedia.orgHBiDi"ediaH
enHBiDiH.arada!Ycage last ;isited ?arch 3,, 0,((#.
(* 6ee, e.g., $araAen Cor"oration, $atented 7ireless 6trong3old Bag,
htt"s:HHBBB."araAen.comHstronghold>Aag.html last ;isited ?arch 0*, 0,((#:
DisDlaAs, -he ?oAile $hone 6hield .arada! Bag,
htt"s:HHBBB.1arada!Aag.comH1arada!YAagYmoAileYshield.html last ;isited
?arch 0*, 0,((#: eDEC, ). 6hielded Bags 1or .orensicall! 6ound E;idence
Collection, htt"s:HHBBB.1arada!>Aags.com last ;isited ?arch 0*, 0,((#.
%11icers can also seeD records o1 the de;iceRs communications 1rom the communications ser;ice "ro;ider that the
arrestee suAscriAes to, such as 8-K- or VeriEon. 6ee 5nited 6tates ;. 4ames, No. (:,'C)(34 CD$, 0,,*
5.6. Dist. =E&26 34*'4 at P(9 n.3 E.D. ?o. 8"ril 09, 0,,*#. 21 o11icers can satis1! the a""ro"riate legal standard, the!
can oAtain ;arious records 1rom "ro;iders through a Barrant, suA"oena, or court order. 6ee, i.e., 6tored Communications
8ct, (* 5.6.C. U 07,3.
2t is douAtlessl! true that it is more incon;enient 1or the "olice to ha;e to oAtain a Barrant Ae1ore searching a digital
de;ice. But incon;enience does not Custi1! a Barrantless search o1 all cell "hones u"on arrest: Lthe Constitution
recogniEes higher ;alues than s"eed and e11icienc!.M 6tanle! ;. 2llinois, 4,+ 5.6. '4+, '+' (970#: see also 5nited 6tates
;. Jaro, 4'* 5.6. 7,+, 7(7>(* (9*4# reCecting argument that a Barrant requirement should not a""l! Aecause o11icers
Bill Ae 1orced to oAtain Barrants in more situations#. )e1using to a""l! the search>incident>to>arrest e/ce"tion here Bill
not hamstring the go;ernmentRs aAilit! to in;estigate crimes. 2t Bill sim"l! require agents to oAtain a "roAaAle cause
Barrant to search a digital de;ice 1or e;idence a1ter an arrestee is taDen into custod!, consistent Bith <ant and ChadBicD.
C%NC=562%N
.or the 1oregoing reasons, the Court should 1ind that the searchincident>
to>arrest e/ce"tion does not a""l! and the search o1 the de1endantRs
cell "hone ;iolated the .ourth 8mendment.
%Aser;ation:
8 larcenous intent ma! Ae in1erred 1rom the 1act that the 1inder, DnoBing or ha;ing the immediate means o1 ascertaining
the oBner, concealed the 1inding instead o1 maDing reasonaAle e11orts to restore the "ro"ert! to him or her.S.N9T
6mart"hone 6earches 2ncident to 8rrest
6mart"hone 6earches 2ncident to 8rrest B9 3. ?%)=E9 672N<=E(
3. ?orle! 6Bingle Ca"e <irardeau
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$ursuant to the search incident to arrest doctrine, "olice o11icers ha;e long Aeen authoriEed to search the "ocDets, "urses,
Ballets and other containers 1ound on the "erson o1 sus"ects the! ha;e arrested. Courts are s"lit, hoBe;er, as to Bhether
the reasonaAleness standard o1 the .ourth 8mendment alloBs an arresting o11icer to rummage through the massi;e and
o1ten "ersonal contents o1 a cell "hone or smart"hone seiEed incident to an arrest.
2ntroduction
%n a cold ?arch morning in 0,,*, a "uAlic school teacher Bas arrested 1or dri;ing Bhile into/icated. -he arresting
o11icer "atted him doBn "ursuant to a search incident to arrest and 1ound a cell "hone in his "ocDet. -he o11icer o"ened
the "honeRs "hotogra"h 1older and disco;ered "ictures o1 the schoolteacher and his naDed girl1riend in Lse/uall!
com"romising "ositions.M0 Delighted Bith his 1ind, the o11icer radioed other o11icers not in;ol;ed in the arrest to come
looD at the "hotos 1or their LenCo!ment.M3 Can it ha""enN 2t did, in Virginia. 2n a ci;il rights case Arought A! the
schoolteacher against the "olice o11icer, a 1ederal court ruled that the o11icer Bas "rotected A! quali1ied immunit! since
the sco"e o1 a search incident to arrest o1 a smart"hone is still an o"en question under the laB o1 search and seiEure.4 2n
the maCorit! o1 Curisdictions, the search o1 the contents o1 a cell "hone on the "erson o1 an arrestee is alloBed as a ;alid
search incident to arrest.+ 2n a minorit! o1 Curisdictions, it has Aeen held to Ae an unreasonaAle search.' No ?issouri
a""ellate court has !et ruled u"on the issue.
-he .ourth 8mendment
8ll Barrantless searches are go;erned A! the .ourth 8mendment, Bhich assures "eo"le the right Lto Ae secure in their
"ersons, houses, "a"ers and e11ects against unreasonaAle searches and seiEures.M7 )easonaAleness is the De!. 2n the
conte/t o1 searches incident to a ;alid arrest, it has long Aeen the rule that the area Bithin the LBings"anM or LgraA areaM
o1 the "erson Aeing arrested ma! Ae searched, as Bell as the contents o1 his "ocDets and an! containers on his "erson.
-his 1ull search o1 the arrestee and the area Bithin his immediate reach at the time o1 the arrest ma! Ae made Bithout
regard to an! s"eci1ic e/igenc! or the seriousness o1 the o11ense, and regardless o1 an! "roAaAilit! that the search Bill
!ield a Bea"on or e;idence o1 a crime.* -he 5. 6. 6u"reme Court in 5nited 6tates ;. )oAinson9 and Chimel ;.
Cali1ornia(, estaAlished this LAright>line ruleM in order to maDe the laB eas! to understand and a""l!.(( -he rationale 1or
the rule maDes sense in that a "erson might ha;e something in his "ocDets that could Ae used as a Bea"on against the
o11icers, or that might constitute e;idence that could Ae surre"titiousl! destro!ed or discarded Ae1ore the o11icers got the
sus"ect to the stationhouse. 5nder this traditional anal!sis, searches incident to arrest ha;e Aeen e/tended to things liDe
"urses,(0 Ballets,(3 "agers,(4 address AooDs,(+ Arie1cases,(' cigarette "acDages,(7 as"irin Aottles,(* 1ilm canisters,(9
gunshot residue testing0, and 1ingernail scra"ings.0( 8s long as the sus3'
H 4ournal o1 the ?266%5)2 B8)
"ect Bas ;alidl! arrested, "ursuant to either "roAaAle cause or an arrest Barrant,00 the search o1 his "erson and an!
containers on his "erson is 1air game.
6mart"hone 5Aiquit! and Ca"aAilities
-he Aeaut! o1 the .ourth 8mendment is that, A! its use o1 the Bord LunreasonaAle,M it remains ada"taAle to the times.
7hen 3*>!ear>old 4ames ?adison BorDed on his 1irst dra1t o1 the .ourth 8mendment 0,, !ears ago, he could not
"ossiAl! ha;e en;isioned a time Bhen a "erson Bould ha;e in his "ocDet a de;ice that could Ae used not onl! to
communicate
Bith other "eo"le, Aut to store thousands o1 "hotogra"hs, e>mails, te/t messages, "ersonal corres"ondence, medical
records, addresses o1 1amil! memAers and 1riends, "lus records o1 recent "hone calls made and recei;ed and 2nternet sites
;isited. 2n 1act, an i$hone has enough memor! to store more than L00,,,,, co"ies o1 the com"lete te/t o1 =eBis CarrollRs
8lice in 7onderland.M03 21 ?adison Bere ali;e toda!, he Bould undouAtedl! oBn one.
-he use o1 cell "hones and smart>"hones has increased A! lea"s and Aounds. 5ntil the mid>(99,s, cell "hones Bere
merel! "ortaAle tele"hones.04 2n that decade LNoDia introduced the 1irst cell "hone that Bas also a Qhand>heldR
com"uter.M0+ NoB, man! cell "hones are actuall! mini>com"uters, DnoBn as Lsmart"hones,M and Lstore address AooDs,
calendars, ;oicemails, Z te/t messages, Z "hotos, music, mo;ies, e>mails Z, 2nternet histor!, Z social netBorDing
"ro1iles,M 1inancial records, Bord "rocessing a""lications, <$6 location na;igation records and "ersonal notations.0' 8s
o1 4une 0,(,, there Bere nearl! 093 million cell "hone suAscriAers in the 5nited 6tates,07 Lalmost ten times the numAer
in (994.M0* E/"erts estimate that A! 0,(3 hal1 o1 the cell
that "olice o11icers ma! e;en unlocD a "assBord>"rotected "hone seiEed during an arrest.34
Courts DisalloBing 6mart>"hone 6earches 2ncident to 8rrest
2n 0,,9, the 6u"reme Court o1 %hio issued the most clear>cut case holding that a search o1 a smart"hone incident to an
arrest is unreasonaAle under the .ourth 8mendment.3+ 2n 6tate ;. 6mith, the court held that Aecause a smart>"hone
alloBs 1or high>s"eed 2nternet access and is ca"aAle o1 storing Ltremendous amounts o1 "ri;ate data,M it is unliDe other
containers 1or the "ur"oses o1 .ourth 8mendment anal!sis.3' Because o1 the large amount o1 "ersonal in1ormation in a
modern cell "hone, its user has a high e/"ectation o1 "ri;ac! in its contents: accordingl!, LSoTnce the cell "hone is in
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"olice custod!, the state has satis1ied its immediate interest in collecting and "reser;ing e;idence and . . . must then
oAtain a Barrant Ae1ore intruding into the "honeRs contents.M37 8 minorit! o1 other courts has reached the same result.3*
"hone users Bill carr! smart"hones.09 -he 5. 6. 6u"reme Court recentl! oAser;ed: LCell "hone and te/t message
communications are so "er;asi;e that some "ersons ma! consider them to Ae essential means or necessar! instruments
1or sel1>e/"ression, e;en sel1>identi1ication.M3, 2s it reasonaAle to alloB "olice o11icers to rummage through a citiEenRs
"ersonal data sim"l! Aecause he has Aeen arrested and ha""ens to ha;e his smart"hone in his "ocDet at the time o1 his
arrestN -he issue Bill 1ace more and more courts. 6o 1ar, cases ha;e come doBn on Aoth sides.
Courts 8""ro;ing 6mart"hone 6earches 2ncident to 8rrest
-he most 1requentl! cited case in;ol;ing a search o1 a cell "hone is 5nited 6tates ;. .inle!.3( 2n this 0,,7 case, the court
held it reasonaAle to search the te/t messages and call records o1 a cell "hone incident to an arrest. -he .inle! court
considered a cell "hone Cust another t!"e o1 container, and LStThe "ermissiAle sco"e o1 a search incident to a laB1ul arrest
e/tends to containers 1ound on the arresteeRs "erson.M30 -his has Aecome the ;ieB"oint in the maCorit! o1 Curisdictions
considering the issue.33 E/isting case laB strongl! suggests
4anuar!>.eAruar! 0,(0 H 37
8""l!ing 8riEona ;. <ant to 6mart"hone 6earches
8lthough a case in;ol;ing the search o1 a smart"hone incident to an arrest has not !et made it to the
5. 6. 6u"reme Court, it seems liDel! the Court might a""l! to such searches the same rule recentl! articulated 1or
searches o1 occu"ants o1 automoAiles incident to an arrest.39 $rior to 0,,9, the 5. 6. 6u"reme Court, in NeB 9orD ;.
Belton,4, dreB a LAright>lineM around the interior com"artment o1 a car, holding that i1 an occu"ant o1 a car Bas arrested,
the "assenger com"artment o1 the car could Ae searched incident to that arrest, Bhether or not the arrestee Bas still Bithin
lunging distance o1 the car, and regardless o1 the t!"e o1 crime 1or Bhich the suACect Bas Aeing arrested. 2t Bas a sim"le
rule, eas! to a""l! on the street and in the courtroom. 2n 8riEona ;. <ant,4( the Court rescinded that "articular Aright>
line, holding that Bhen an occu"ant o1 an automoAile has Aeen arrested, his car cannot Ae searched i1 he is no longer in a
"osition to graA something in the car, Bith the onl! e/ce"tion Aeing that Bhen o11icers ha;e reason to Aelie;e that
e;idence o1 the s"eci1ic crime 1or Bhich the! arrested him might Ae in the car, the! can search it 1or e;idence related to
the arrest.
-he Court in <ant e/"lained its reasoning 1or scaling AacD the sco"e o1 a search o1 a car incident to arrest:
2t is "articularl! signi1icant that Belton searches authoriEe "olice o11icers to search not Cust the "assenger com"artment
Aut e;er! "urse, Arie1case, or other container Bithin that s"ace. 8 rule that gi;es "olice the "oBer to conduct such a
search Bhene;er an indi;idual is caught committing a tra11ic o11ense, Bhen there is no Aasis 1or Aelie;ing e;idence o1 the
o11ense might Ae 1ound in the
;ehicle, creates a serious and
recurring threat to the "ri;ac!
o1 countless indi;iduals.40
Certainl!, the threat o1 "olice o11icers rummaging through the contents o1 a cell "hone Aelonging to a "erson Bho has
merel! committed a tra11ic o11ense is Cust as serious a threat to "ri;ac! as rummaging through the contents o1 a car.
-he <ant Le;idence>related>tocrime>o1>arrestM anal!sis "ro;ides a BorDaAle 1rameBorD to a""l! to searches o1
smart"hones incident to arrest.43 5sing an oACecti;e standard, i1 the o11icers ha;e reasonaAle grounds to sus"ect that
e;idence o1 the crime 1or Bhich the! Cust arrested the indi;idual might Ae in the "hone, the! could search it Bithout a
Barrant. %therBise, the "honeRs contents Bould Ae o11 limits unless a Cudge 1ound that "roAaAle cause e/isted 1or the
issuance o1 a search Barrant to e/amine the contents o1 the "hone, or unless one o1 the other traditional e/ce"tions to the
search Barrant requirement a""lied. %ther "ossiAle e/ce"tions "otentiall! a""licaAle to Barrantless searches o1 cell
"hones include e/igent circumstances,44 the automoAile e/ce"tion,4+ the in;entor! e/ce"tion,4' Lthe ine;itaAle>
disco;er! doctrine,M47 "lain ;ieB,4* and consent.49
E/am"les o1 the a""lication o1 the <ant test to searches incident to arrest are eas! to imagine, and in some cases ha;e
alread! Aeen litigated.
8n o11icer Bho has arrested a drug dealer 1or a Cust>com"leted drug sale Bould ha;e reasonaAle sus"icion to thinD that
tele"hone records, emails and e;en "hotogra"hs o1 illegal drugs and accom"lices might Ae in the "hone.+, .or e/am"le,
a 1ederal court recentl! held that the <ant limitations on a search incident to arrest o1 an occu"ant o1 a ;ehicle, i1 a""lied
to cell "hones, Bould alloB o11icers Bho ha;e arrested a drug dealer to search his cell "hone 1or e;idence related to his
drug>dealing.+( %n the other hand, another court ruled that Bhile it Bould Ae reasonaAle to thinD e;idence o1 the crime o1
arrest might Ae "resent in the cell "hone Bhen arresting a sus"ect 1or a Cust>com"leted drug sale, the la"se o1 (, months
AetBeen the date o1 the crime and the time o1 arrest, caused A! a length! grand Cur! in;estigation, made it unliDel! that
e;idence "ertaining to the old drug sale Bould still Ae in the "hone: hence, a search o1 the "hone incident to arrest Bas
im"ro"er.+0
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-he Cali1ornia Court o1 8""eals recentl! held it laB1ul to search a car and the cell "hone 1ound inside it 1or e;idence o1
drug use incident to the de1endantRs arrest 1or dri;ing under the in1luence o1 drugs. 2n regard to the cell "hone, it Bas
reasonaAle to sus"ect that it might Lcontain te/t messages related to acquiring and o11ering drugs,M or Lmight ha;e
identi1ied the controlled suAstanceM in;ol;ed, or amounting to admissions Las to Bhat Sthe dri;erT had done that night.M+3
8s Bith recent drug sales and drug use, it is also reasonaAle 1or an arresting o11icer to Aelie;e that a recentl!>arrested
child "ornogra"her might Bell ha;e images o1 naDed children in his "hone: that a child molester Cust arrested 1or tr!ing to
lure an under>aged ;ictim to meet him in a "arD might ha;e te/t messages and e>mails relating to this ;ictim or other
;ictims in his "hone: that a murder sus"ect "laced under arrest might ha;e in his "hone "hotogra"hs, te/ts or e>mails
connecting him to the ;ictim: that a "erson arrested 1or te/ting Bhile dri;ing might ha;e te/t messages in his "hone
"ro;ing that he had Cust Aeen using it: or that a man arrested 1or stalDing a Boman Bould ha;e "hotogra"hs, messages or
other in1ormation "ertaining to her in his "hone.
3* H 4ournal o1 the ?266%5)2 B8)
Con;ersel!, a sus"ect arrested 1or dri;ing Bhile re;oDed Bould Ae unliDel! to ha;e e;idence "ertaining to his crime in his
cell "hone. .or e/am"le, in 5nited 6tates ;. @uintana, the court held that the cell "hone o1 a sus"ect arrested 1or dri;ing
Bhile sus"ended could not Ae searched incident to the arrest, e/"laining:
7here a Ssus"ectT is arrested 1or drug>related acti;it!, "olice ma! Ae Custi1ied in searching the contents o1 a cell "hone 1or
e;idence related to the crime o1 the arrest, e;en i1 the "resence o1 such e;idence is im"roAaAle. 2n this case, hoBe;er,
De1endant Bas arrested 1or dri;ing Bith a sus"ended license. -he search o1 the contents o1 De1endantRs cell "hone had
nothing to do Bith o11icer sa1et! or the "reser;ation o1 e;idence related to the crime o1 arrest.+4
-he same anal!sis Bould seem to a""l! to a routine alcohol>related D72 arrest.
=iDeBise, it is hard to imagine hoB a "erson arrested 1or sho"li1ting, "assing Aad checDs or Ca!BalDing Bould Ae liDel! to
ha;e e;idence relating to the crime o1 arrest in his "hone.
2n each case, the test is an oACecti;e one, Aased on the totalit! o1 the circumstances. 7hen the o11icer has articulaAle
sus"icion that e;idence o1 the crime o1 arrest is in the "hone, he ma! conduct a Barrantless search incident to the arrest.
%therBise, he must Bait and a""l! 1or a search Barrant, and let a neutral and detached magistrate maDe the decision as to
Bhether "roAaAle cause e/ists to search the contents o1 the smart"hone. 8""lication o1 the 8riEona ;. <ant anal!sis to
searches o1 cell "hones incident to arrest Bould alloB "olice to "rom"tl! seiEe rele;ant e;idence in s"eci1ic cases Bhile
still "rotecting the "ri;ac! rights o1 most citiEens in most cases.
E/igent Circumstances
E/igent circumstances ha;e alloBed o11icers to conduct Barrantless searches o1 cell "hones the! ha;e seiEed++ and to
ansBer ringing cell "hones in their custod!.+' 8s technolog! continues to de;elo", the e/igent circumstances e/ce"tion
Bill "roAaAl! "la! a greater role in searches o1 smart>"hones immediatel! a1ter arrest. -his is Aecause man! neB "hones,
such as the i$hone, ha;e remote>access Bi"e "rograms, alloBing the data in the tele"hone to Ae deleted almost
instantaneousl! 1rom a remote location.+7 6uch a 1eature Bould alloB one drug dealer to Bi"e the data out o1 his
cocons"iratorRs tele"hone as soon as he realiEes that his com"anion has Aeen arrested. 2n these situations, e/igent
circumstances should alloB o11icers to access the data Bithout dela!ing to get a search Barrant.+* 2n more than one
4anuar!>.eAruar! 0,(0 H 39
case, a search o1 a cell "honeRs address AooD and call histor! incident to arrest has Aeen u"held "recisel! Aecause o1 this
remote>access Bi"e ca"aAilit!.+9 -he issue ma! Aecome com"licated e;en more A! the emerging use o1 .arada! Aags,
Bhich are small lightBeight Aags into Bhich "olice o11icers can "lace seiEed cell "hones to "re;ent them 1rom Aeing
remotel! Bi"ed.', 7hile these Aags might "re;ent data inside the "hone 1rom Aeing remotel! Bi"ed, the! Bould not
"re;ent data Aeing stored in a LcloudM or other location 1rom Aeing destro!ed, so e/igent circumstances ma! still a""l!.
Conclusion
7hen dealing Bith neB technolog!, the 5. 6. 6u"reme Court is o1ten hesitant to "aint neB rules Bith a Aroad Arush,
"recisel! Aecause technolog! changes so quicDl!.'( 7hat is reasonaAle in one decade can Aecome unreasonaAle in
another. .or the time Aeing, hoBe;er, it seems that the Aest a""roach regarding searches o1 smart>"hones under the
.ourth 8mendment is to hold that the! are o11 limits unless the arresting o11icer can articulate reasonaAle sus"icion to
Aelie;e that e;idence "ertaining to the crime 1or Bhich the sus"ect Bas arrested is in the "hone. %therBise, the! must not
Ae searched unless one o1 the other e/ce"tions to the Barrant requirement e/ists'0 or unless the o11icer has taDen the time
and trouAle to get a search Barrant.
Endnotes
( ?r. 6Bingle is the "rosecuting attorne! 1or Ca"e <irardeau Count!, ?issouri. 3e is a memAer o1 the 6u"reme Court o1
?issouriRs Committee on $rocedure in Criminal Cases and a (9*, graduate o1 the 5ni;ersit! o1 ?issouri>ColumAia
6chool o1 =aB. 3e carries an i$hone.
0 NeBhard ;. Borders, '49 ..6u"".0d 44,, 444 7.D. Va. 0,,9#.
3 2d. at 444.
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4 NeBhard ;. Borders, '49 ..6u"".0d 44,
7.D. Va. 0,,9#. + 6ee 5nited 6tates ;. Curtis, '3+ ..3d 7,4 +th Cir. 0,((#: 5nited 6tates ;. $ineda>8reola, 370 ..
8""R/ ''( 7th Cir. 0,(,#: 5nited 6tates ;. .uentes, 3'* .. 8""R/ 9+ ((th Cir. 0,(,#: 6il;an 7. ;. Briggs, 3,9 ..
8""R/ 0(' (,th Cir. 0,,9#: 5nited 6tates ;. ?ur"h!, ++0 ..3d 4,+ 4th Cir. 0,,9#: 5nited 6tates
;.
9oung, 07* .. 8""R/ 040 4th Cir. 0,,*#: 5nited 6tates ;. .inle!, 477 ..3d 0+, +th Cir. 0,,7#: 5nited 6tates ;. <omeE,
No. ((0,3,4>C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((#: 5nited 6tates ;. 3ill, No. C) (,>,,0'( 467, 0,(( 7=
9,(3, N.D. Cal. 4an. (,, 0,((#: 5nited 6tates ;. 6algado, No. (:,9>C)>4+4>C8$>EC6>+, 0,(, 7= 3,'044, N.D. <a.
4une (0, 0,(,#: 5nited 6tates ;. .aller, '*( ..6u"".0d (,0* E.D. ?o. 0,(,#: 5nited 6tates ;. 7urie, '(0 .. 6u"".0d
(,4 D. ?ass. 0,,9#: 5nited 6tates
;.
?cCra!, No. C)4,*>03(, 0,,9 7= 09',7
6.D. <a. 4an. +, 0,,9#: 5nited 6tates ;. <ates, No. ,*>40>$>3, 0,,* 7= +3*00*+ D. ?e. Dec. (9, 0,,*#: 5nited 6tates
;. 6antillan, +7( ..6u"".0d (,93 D. 8riE. 0,,*#: 5nited 6tates ; Deans, +49 ..6u"".0d (,*+ D. ?inn. 0,,*#: 5nited
6tates ;. ValdeE, No. ,'>C)>33', 0,,* 7= 3',+4* E.D. 7is. .eA. *, 0,,*#: 5nited 6tates ;. Curr!, No. ,7>(,,>$>3,
0,,* 7= 0(99'' D. ?e. 4an. 03, 0,,*#: 5nited 6tates ;. Dennis, No. ,7>,,*>D=B, 0,,7 7= 34,,+,, E.D. J!. No;.
(3, 0,,7#: 5nited 6tates ;. =ottie, No. 3:,7>cr>+(>86, 0,,7 7= 4700439 N.D. 2nd. %ct. (0, 0,,7#: 5nited 6tates ;.
?ercado>Na;a, 4*' ..6u"".0d (07(
D. Jan. 0,,7#: 5nited 6tates ;. BrooDes, No. C)2? 0,,4>,(+4, 0,,+ 7= (94,(04 D.
V.2.
4une (', 0,,+#: 5nited 6tates ;. Cote, No. ,3C)07(, 0,,+ 7= (303343 N.D. 2ll. ?a! 0', 0,,+#: $eo"le ;. DiaE, 044
$.3d +,( Cal. 0,((#: .aBdr! ;. 6tate, 7, 6o.3d '0' .la. Dist. Ct. 8"". 0,((#: 6mallBood ;. 6tate, '( 6o.3d 44* .la.
Dist. Ct. 8"" 0,((#: 6tate ;. Ni/, 037 $.3d *40 %r. Ct. 8"". 0,(,#: 6tate
;.
7ilDerson, '*3 6.E.0d (74 N.C. 0,,9#: 6tate ;. 3arris, No. ( C8>C) ,7>,*(,, 0,,* 7= 43'*0,9 8riE. Ct. 8"". 6e"t.
03, 0,,*#.
' 6ee 5nited 6tates ;. ?c<hee, , No. *:,9C)3(, 0,,9 7= 0404(,4 D. NeA. 4ul! 0(, 0,,9#: 5nited 6tates ;. @uintana,
+94 ..6u"".0d (09( ?.D. .la. 0,,9#: 5nited 6tates ;. 7all, No. ,*>',,('>C), 0,,* 7= +3*(4(0 6.D. .la. Dec. 00,
0,,*#: 5nited 6tates ;. $arD, No. C) ,+>37+ 62, 0,,7 7= (+0(+73 N.D. Cal. ?a! 03, 0,,7#: 6tate ;. 6mith, 90,
N.E.0d 949 %hio 0,,9#.
7 5.6. Const. amend. 2V.
* 5nited 6tates ;. )oAinson, 4(4 5.6. 0(*, 03' (973#.
9 2d.
(, 39+ 5.6. 7+0 (9'9#.
(( 8dam ?. <ershoBitE, -he i$hone ?eets
the .ourth 8mendment, +' 5C=8 =. )e;. 07, 4+ 0,,*#.
(0 6tate ;. <reene, 7*+ 6.7.0d +74 ?o. 8"". 7.D. (99,#: 6tate ;. 7oods, '37 6.7.0d ((3 ?o. 8"". E.D. (9*0#.
(3 5nited 6tates ;. )odrigueE, 99+ ..0d 77' 7th Cir. (993#.
(4 5nited 6tates ;. Chan, *3, .. 6u"". +3(
N.D. Cal. (993#. (+ 5nited 6tates ;. 3olEman, *7( ..0d (49' 9th Cir. (9*9#. (' 5nited 6tates ;. Valiant, *73 ..0d 0,+
*th Cir. (9*9#. (7 5nited 6tates ;. )oAinson, 4(4 5.6. 0(* (973#. (* Daniels ;. 6tate, 4(' 6o.0d 7', 8la. Crim. 8"".
(9*0#. (9 6tate ;. <reene, 7*+ 6.7.0d +74 ?o. 8"". 7.D. (99,#. 0, 6tate ;. 3oBell, +04 6.7.0d (( ?o. Aanc (97+#.
0( 6tate ;. ?agnotti, +,0 8.0d 4,4 Conn.
(9*+#.
00 Virginia ;. ?oore, ++3 5.6. ('4 0,,*#.
03 Chelsea %/ton, Note, -he 6earch 2ncident to 8rrest E/ce"tion $la!s Catch 5": 7h! $olice ?a! No =onger 6earch
Cell $hones 2ncident to 8rrest 7ithout a 7arrant, 43 Creighton =. )e;. ((+7, (('0 0,(,#.
04 4ana =. Jnott, 2s -here 8n 8"" .or -hatN )ee/amining the Doctrine o1 6earch 2ncident to =aB1ul 8rrest in the
Conte/t o1 Cell $hones, 3+ %Dla. Cit! 5. =. )e;. 44+, 4+4 0,(,#.
0+ 2d.
0' Jnott at 4++.
07 8shle! B. 6n!der, Comment, -he .ourth 8mendment and 7arrantless Cell $hone 6earches: 7hen 2s 9our Cell
$hone $rotectedN 4' 7aDe .orest =. )e;. (++, ('0 0,((#.
0* Jnott at 4+3.
09 Daniel Zamani, -hereRs 8n 8mendment .or -hat: 8 Com"rehensi;e 8""lication o1 .ourth 8mendment
4uris"rudence to 6mart $hones, 3* 3astings Const. =.@. ('9, (7, 0,(,#.
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3, Cit! o1 %ntario, Cal. ;. @uon, (3, 6. Ct. 0'(9, 0'3, 0,(,#.
3( 477 ..3d 0+, +th Cir. 0,,7#.
30 2d. at 0',.
33 6ee note +.
34 8dam ?. <ershoBitE, $assBord $rotectedN Can a $assBord 6a;e 9our Cell $hone 1rom a 6earch 2ncident to 8rrestN
9' 2oBa =. )e;. ((0+, ((+, 0,((#.
3+ 6tate ;. 6mith, 90, N.E.0d 949 %hio 0,,9#.
3' 2d. at 9+4.
37 2d. at 9++.
3* 6ee note '.
39 6ee Ben E. 6teBart, Note, Cell $hone
6earches 2ncident to 8rrest: 8 NeB 6tandard Based on 8riEona ;. <ant, 99 J!. =.4. +79 0,((#: <ershoBitE, note 34 at
((4+: 4ustin
?. 7olcott, Comment, 8re 6mart"hones =iDe
4, H 4ournal o1 the ?266%5)2 B8)
.ootlocDers or Crum"led 5" Cigarette $acDagesN 8""l!ing the 6earch 2ncident to 8rrest Doctrine to 6mart"hones in
6outh Carolina Courts,
'( 6.C. =. )e;. *43, *'4 0,(,#: ?arD =. ?a!aDis, Comment, Cell $hone [ 8 L7ea"onM o1 ?ass Discretion, 33
Cam"Aell =. )e;. (+(, ('7>('* 0,(,#: 6mallBood ;. 6tate, '( 6o.3d 44*, 4'0 .la. Dist. Ct. 8"". 0,((#: 5nited 6tates
;. ?c<hee, No. *:,9C)3(, 0,,9 7= 0404(,4 D. NeA. 4ul! 0(, 0,,9#.
4, 4+3 5.6. 4+4 (9*(#.
4( (09 6. Ct. (7(, 0,,9#.
40 <ant, (09 6. Ct. at (70,.
43 6ee generall! Jnott, note 04 at 4'(>4*,.
44 6ee notes ++ to ', and accom"an!ing te/t.
4+ 5nited 6tates ;. Cole, No. (:,9>C)>4(0%DE>)<V, 0,(, 7= 30((,07 N.D. <a. ?a! (0, 0,(,#: 5nited 6tates ;.
4ames, No. (:,'C)(34 CD$, 0,,* 7= (90+,30 E.D. ?o. 8"r. 09, 0,,*#: $eo"le ;. Nottoli, (3, Cal. )"tr. 3d **4 Cal.
Ct. 8"". 0,((#: 3aBDins ;. 6tate, 7,4 6.E.0d **' <a. Ct. 8"". 0,(,#.
4' 5nited 6tates ;. .lores, (00 ..6u"".0d 49( 6.D. N.9. 0,,,# in;entor! o1 cell "hone contents im"ro"er#.
47 5nited 6tates ;. Cha""ell, No. ,9>(39, 0,(, 7= ((3(474 at n. (0 D. ?inn. 4an. (0, 0,(,#: 5nited 6tates ;. .aller,
'*( ..6u"".0d (,0* E.D. ?o. 0,(,#: 5nited 6tates ;. 6antillan, +7( .. 6u"".0d (,93 D. 8riE. 0,,*#: 5nited 6tates ;.
?orales>%rtiE, 37' ..6u"".0d ((3( D. N.?. 0,,4#.
4* 5nited 6tates ;. <omeE, No. ((>0,3,4C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((# "lain ;ieB a""lies to
numAer on caller 2D o1 ringing "hone#: 5nited 6tates ;. Da;is, 7*7 ..6u"".0d (('+ D. %r. 0,((# "lain ;ieB does not
Custi1! searching contents o1 cell "hone#.
49 5nited 6tates ;. Coates, '*+ ..6u"".0d ++( ?.D. $a. 0,(,# consent ;alid#: 5nited 6tates ;. Za;ala, +4( ..3d +'0
+th Cir. 0,,*# consent in;alid#.
+, 6ee 5nited 6tates ;. .uentes, 3'* ..8""R/ 9+ ((th Cir. 0,(,# inter"reting <ant to "ermit the search o1 a ;ehicle and
cell "hones incident to a drug>related arrest#.
+( 5nited 6tates ;. <omeE, No. ((>0,3,4C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((#.
+0 5nited 6tates ;. ?c<hee, No. *:,9C)3(, 0,,9 7= 0404(,4 D. NeA. 4ul! 0(, 0,,9#.
+3 $eo"le ;. Nottoli, (3, Cal. )"tr. 3d **4, 9,' Cal. Ct. 8"". 0,((#.
+4 5nited 6tates ;. @uintana, +94 ..6u"".0d (09(, (3,, ?.D. .la. 0,,9#.
++ 5nited 6tates ;. 6antillan, +7( .. 6u"".0d (,93 D. 8riE. 0,,*#: 5nited 6tates ;. =ottie, No. 3:,7>cr>+(>86, 0,,7 7=
4700439 N.D. 2nd. %ct. (0, 0,,7#. But see 5nited 6tates ;. 7all, No. ,*>',,('>C), 0,,* 7= +3*(4(0
6.D. .la. Dec. 00, 0,,*#. +' 5nited 6tates ;. <omeE, No. ((>0,3,4C), 0,(( 7= 3*4(,7( 6.D. .la. 8ug. 3(, 0,((#:
6tate ;. Carroll, 77* N.7.0d ( 7is. 0,(,#.
+7 6n!der, note 07 at ('4. But see Zamani, note 09 at (9'>(97 arguing that a DnoBledgeaAle "olice o11icer could "ut the
smart"hone in a mode that Bould not alloB it to Ae Bi"ed and still ha;e time to a""l! 1or a search Barrant#.
+* 6ee 5nited 6tates ;. 6antillan, +7( .. 6u"". 0d (,93, ((,( D. 8riE. 0,,*#: 5nited 6tates ;. $arada, 0*9 ..6u"".0d
(09(, (3,3>,4
D. Jan. 0,,3#: 6tate ;. Carroll, 77* N.7.0d ( 7is. 0,(,#: 6n!der, note 07 at (74>(*,.
+9 5nited 6tates ;. 6algado, No. (:,9>C)4+4>C8$>EC6>+, 0,(, 7= 3,'044, N.D. <a. 4une (0, 0,(,#: 5nited 6tates
;. ValdeE, No. ,'>C)>33', 0,,* 7= 3',+4* E.D. 7is. .eA. *, 0,,*#.
', ?arD 6utton, .arada! Bags 3el" 6ecure 6eiEed ?oAile De;ices, 2-$.net 8ug. 0', 0,((#, htt":HHBBB.it".netH+*+940>
1arada!Aags>hel">secure>seiEed>moAile>de;ices
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'( Cit! o1 %ntario, Cal. ;. @uon, (3, 6. Ct. 0'(9, 0'09 0,(,# L-he Cudiciar! risDs error A! elaAorating too 1ull! on the
.ourth 8mendment im"lications o1 emerging technolog! Ae1ore its role in societ! has Aecome clear.M#.
'0 6ee ?arCorie 8. 6hields, Validit! o1 6earch o1 7ireless Communication De;ices, '0 8.=.).'th ('( 0,((#.
Being 6mart 7ith 9our 6mart"hone, $olice 6earch Edition
8)E 6?8)-$3%NE6 =2JE .%%-=%CJE)6 %) C)5?$=ED 5$ C2<8)E--E $8CJ8<E6N 8$$=92N< -3E
6E8)C3 2NC2DEN- -% 8))E6- D%C-)2NE -% 6?8)-$3%NE6 2N 6%5-3 C8)%=2N8 C%5)-6. 7olcott,
4ustin ?. HH 6outh Carolina =aB )e;ieB:6ummer0,(,, Vol. '( 2ssue 4, "*43
-he article discusses the a""lication o1 the incident to arrest doctrine in 6outh Carolina courts. 2t discusses the
de;elo"ment o1 the .ourth 8mendment Bhich "rotects citiEens 1rom Barrantees searches and seiEures and the search
incidence to arrest doctrine. -he origins o1 container searches and...
.. 6tolenH7rong1ul $ossession o1 De;ice
-he 6u"reme Court o1 6outh DaDota held that a de1endant did not ha;e a reasonaAle e/"ectation o1 "ri;ac! in a cell
"hone Bhere he had not recei;ed "ermission 1rom the oBners o1 the "hone to use it, and he le1t it in his Aedroom a1ter the
oBners o1 the residence ordered him to lea;e and Bas 1orciAl! remo;ed tBice A! "olice. 6tate ;. -hunder, 777 N.7.0d
373 6.D. 0,(,#. -he "hone Aelonged to a 1amil! also li;ing at the residence. 2d. at 37'. -hunder started to use it as an
alarm, Aut it also had ca"acit! to hold "ictures. 2d. 81ter -hunder Bas remo;ed A! "olice, the 1amil! 1ound the "hone and
realiEed it had "ictures and ;ideo o1 -hunder molesting their daughters. 2d. -he Court reasoned that e;en though -hunder
ma! ha;e had a suACecti;e e/"ectation o1 "ri;ac! in the "honeRs contents, his Brong1ul "ossession o1 the "hone did not
su""ort an e/"ectation o1 "ri;ac! societ! Bould recogniEe as reasonaAle. 2d. at 379. -his case articulates the liDelihood
that Barrantless searches o1 stolen cell "hones, or Bhere de1endants are otherBise in Brong1ul "ossession o1 the de;ices,
Bill Ae u"held as ;alid.
3 . $lain VieB
$racticall! s"eaDing, this e/ce"tion is liDel! limited Aecause most "ictures, ;ideos, te/t messages, and other data are not
dis"la!ed on the 1ront dis"la!, i1 the cell "hone e;en has one. 6ome courts ha;e 1ound circumstances Bhere this
e/ce"tion a""lied. 2n 6tate ; Carroll, an o11icer saB a "icture o1 the de1endant smoDing mariCuana on the dis"la! screen
o1 a 1li">st!le cell "hone that he Bas ordered to dro" a1ter e/iting a ;ehicle 1olloBing a high>s"eed chase. 77* N.7.0d (
7is. 0,(,#. Because the "icture Bas in "lain ;ieB, the o11icer Bas in legal "ossession o1 the "hone and laB1ull! in a
"osition to ;ieB the screen, there Bas no initial .ourth 8mendment ;iolation, and the o11icer Bas aAle to detain the
"hone. 2d. at 9>(,. 3oBe;er, 1urther ;ieBing o1 the image galler! or other data o1 the "hone Bas 1ound to ;iolate the
.ourth 8mendment aAsent shoBing an e/igenc!, such as imminent destruction o1 e;idence Ae1ore a Barrant could Ae
oAtained. 2d. at (0. -he o11icer Bas alloBed to ansBer an incoming call since A! not doing so, e;idence o1 drug
tra11icDing could not Ae "reser;ed, and there Bas a reasonaAle Aelie1 that e;idence Bould Ae lost. 2d. -his case also
illustrates the continual Aattle AetBeen Bhether e;idence stored on cell "hones Bill Ae "reser;ed in the time it taDes to get
a Barrant, or Bhether its d!namic nature Custi1ies more immediate intrusion.
C%NC=562%N: DE8=2N< 72-3 -EC3N%=%<2C8= C38N<E6 8ND -3E E?E)<2N< 6-8-E %. -3E =87
-his area o1 the laB Bill remain unsettled 1or some time. 3oBe;er, the Court has Aeen reluctant to address similar issues
so 1ar, under the idea that the LCudiciar! risDs error A! elaAorating too 1ull! on the .ourth 8mendment im"lications o1
emerging technolog! Ae1ore its role in societ! has Aecome clear.M Cit! o1 %ntario
;. @uon, (3, 6.Ct. 0'(9, 0'0+ 0,(,#.
.or o11icers dealing Bith these issues in the 1ield, the! Bill liDel! Ae in the Aest "osition i1 the! sticD to the 1oundations
Aehind the e/ce"tions to the .ourth 8mendment. -he courts a""ear more liDel! to 1ind a search reasonaAle or Bithin an
e/ce"tion Bhen 1acts can Ae articulated leading o11icers to reasonaAl! Aelie;e that e;idence Bill Ae lost or destro!ed
Bithout immediate action. 6ee in1ra at section 222.
.or noB, circuit and loBer courts generall! are 1inding no reason to maDe a distinction AetBeen cell "hones and other
closed LcontainersM, as long as there is a ;alid arrest 1irst. ?an! courts are sa!ing neither non>tangiAle data nor quantit!
o1 in1ormation is enough to de"art 1rom other "ersonal items that 1all under the e/ce"tion. -he distinction AetBeen cell
"hones and com"uters is Aeginning to Alur, Aut courts ha;e not uni1orml! determined Bhether com"uters and la"to"s are
containers 1or .ourth 8mendment "ur"oses either. -he -enth Circuit has stated Bith regard to com"uters, Lrel!ing on
analogies to closed containers or 1ile caAinets ma! lead courts to Qo;ersim"li1! a com"le/ area o1 .ourth 8mendment
doctrines and ignore the realities o1 massi;e modern com"uter storage.RM 5nited 6tates ;. Care!, (70 ..3d (0'*, (07+
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(,th Cir. (999# quoting )a"hael 7inicD, 6earches and 6eiEures o1 Com"uters and Com"uter Data, * 38)V. 4.=. K
-EC3, 7+, (,4 (994##. -he case has Aeen narroBl! construed to mean o11icers conducting searches ma! not conduct a
sBee"ing, com"rehensi;e search, Aut that the search must Ae limited to its original Custi1ication. 5nited 6tates ;.
<rimmett, 439 ..3d (0'3, (0'*>(0'9 (,th Cir. 0,,'#. %ther courts ha;e analogiEed com"uters to containers, noting that
the 6u"reme Court has not draBn lines AetBeen containers o1 in1ormation and contraAand related to the qualit! or nature
to determine a""ro"riate .ourth 8mendment "rotection. 5nited 6tates ;. 8rnold, +03 ..3d 94(, 947 9th Cir. 0,,*#.
%ne "otential limit that ma! Ae im"osed, and is im"lied in re;ieB o1 some case laB, suggests that less intrusi;e searches
Bill more liDel! Ae 1ound reasonaAle or Bithin an e/ce"tion. 6earches ha;e Aeen less intrusi;e Bhen the! are limited to
call logs and contacts since these could Ae oAtained on a "iece o1 "a"er in a Ballet, or A! getting "hone records 1rom the
"ro;ider. ?ore intrusi;e searches, liDe te/t messages, start re;ealing more o1 the communication itsel1, and ;ar! a little
more in their acce"tance. E;en greater intrusion has Aeen 1ound Bhen the search requires more le;els, such as o"ening
the "ictures, then a 1older, then a "icture, then o"ening a di11erent 1older and ;ieBing those "ictures. -hus, o11icers ma!
Ae more liDel! to "er1orm a reasonaAle search, or 1it Bithin an e/ce"tion to the Barrant requirement, such as incident to
arrest, Bhen the search requires less Qle;elsR to 1ind and "reser;e e;idence. -he underl!ing o11ense also ma! Ae
signi1icant, since "roAaAle cause o1 drug tra11icDing a""ears to alloB more latitude in searching contactsHcall logs, te/t
messages, and ansBering incoming calls.
Based on Bide re;ieB o1 rele;ant case laB, o11icers are liDel! Custi1ied in searching "hones Bithout a Barrant Bhen an
e/ce"tion e/ists, under the same circumstances the! Bould search other containers, liDe Ballets and "urses. 7hen
"reser;ation o1 e;idence 1rom imminent destruction e/ists, an ongoing emergenc! is "resent, or another e/igenc! e/ists
and the o11icer can articulate 1actual reasons Bh! in1ormation must Ae oAtained sooner than Baiting 1or a Barrant Bould
alloB, the search Bill liDel! Ae ;alid. Because the laB is unsettled, o11icers are unliDel! to Ae suACected to ci;il rights
liaAilit! 1or mistaDenl! thinDing a ;alid e/ce"tion e/isted and searching a "hone, assuming there are actual reasons to
su""ort the o11icerRs decision. =iDe other conte/ts, mere hunches are still not enough to search a "hone, nor should a cell
"hone Ae searched Bithout a Barrant as a Aasis 1or "roAaAle cause to su""ort the underl!ing arrest.
state ; conners 994 ".0d 44 NV case "lain 1eel mal"ractice liaAilit!
Duralde admitted the i$hone has a locD on it: ..3d 977 7th Cir. (99'# %J to "ush Autton on
"ager 1ound on de1endant at time o1 arrest re;ealing numeric messages.
6ome courts alloB a 62-8 o1 a locDed area or container, 5.6. ;. <onEales, 7(
..3d *(9 ((th Cir.(99'# and Clemons ;. 5.6., 70 ..3d (0* 4th Cir. (99+#. 3oBe;er, i1
the arrestee is handcu11ed and in "olice custod! and has no chance o1 unlocDing and
o"ening the container, it seems that searches o1 locDed containers require a search
Barrant or other e/ce"tion.such as in;entor! search or consent#.
Can the "olice, during a 62-8, e;en one Aased u"on Ca!BalDing, looD through an entire la"to" or
data card 1rom a smart"honeN Can the! co"! the dataN 7hat aAout Bhen 4udge Nash 3olmes has an
attorne! arrested 1or GinsolenceG or GAoisterousnessGN Can she or the )?C ha;e the data on a
smart"hone or data card erasedN Erased a1ter co"!ing it 1or themsel;esN
G*H3,H(0
Eachcoughlin\hotmail.com
-o: Cleslie\Bashoecount!.us, Cgoodnight\Bashoecount!.us, CAosler\Bashoecount!.us
.rom:
Zach Coughlin Eachcoughlin\hotmail.com#
6ent:
-hu *H3,H(0 3:(7 $?
-o:
Cleslie\Bashoecount!.us: Cgoodnight\Bashoecount!.us: CAosler\Bashoecount!.us
1ourth amendment ;iolation 1or continuing to 1eel unidenti1ied oACect a1ter ruling "ossiAilit! that it could Ae a
Bea"on..."lain 1eel...ne;ada cases...do !ou DnoB Bhether !ou gu!s cited thisN is a 1ailure to "er se
negligenceHmal"racticeHe;idence o1 Bill1ull! attem"ting to tor"edo m! caseNG
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Best @uestions:
i1 as Duralde testi1ied at ((:,( am on 9H+H(0 he Bas dis"atched to the scene on the re"ort o1 a 1ight, then Bh! Bould the
1irst thing he recalls sa!ing u"on arri;ing me that G=ooD, i1 !ou ha;e someoneFs "hone Be can "roAaAl! Cust resol;e o1
this A! !ou gi;ing it AacDG. Could it Ae that DuraldeFs Bi1e, dis"atcher 4essica Duralde rela!ed to the o11icerFs the content
o1 the call 1rom <oAle Bhere <oAle admits to ha;ing le1t his "hone on the concrete in the sDate "laEa unattendedN
2s that a t!"ical res"onse Bhen arri;ing to the scene o1 a ;iolent altercation in;ol;ing stolen "ro"ert!N
goAle testi1ied he go the i"hone 3< AacD Bhen the! 1irst came out, Bhich Bas more than G0 !earsG Ae1ore the 8ugust
0,(( arrest. .urther, <oAleFs testimon! and statements Bere inconsistent regarding hoB he came to oBn the "hone he
Aought it, or, Bas it that his Arother did, as a gi1tN ?a!Ae those are the Gminute detailsGH1orest 1rom the treesHnoAod! here
is out to get !ou>t!"e things 4udge 61erraEEa mentioned to Coughlin. 3oBe;er, a 6C) ((('# con;iction a second one,
regardless o1 hoB thoroughl! Coughlin e;isceratedHde1enestrated] de1ener;iscerated the adequac! o1 the due "rocess
accorded in the G)eno 8ttorne! 6us"ended 1or 6ho"li1ting Cand! Bar .rom 7al>?artG national 8ssociated $ress stor!
1olloBing CoughlinFs con;iction A! )?C 4udge Jenneth 3oBard in )?C (( C) 00(7' 02 on No;emAer 3,th, 0,((.
Coughlin denied Brite to testi1! in his oBn de1ense, Court denied continuance Bhere Coughlin release 1rom Cail and
)ichard <. 3ill a""l!ing an unlaB1ul rent distraint u"on e/cul"ator! materials as Bell as CoughlinFs clientFs 1iles,
etc...and the )4C 1ailed to com"l! Bith N)6 4,.0+37#>*# res"ecting setting the 3earing on CoughlinFs No;emAer ('th,
0,(( ?otion to Contest $ersonal $ro"ert! =ien GBithin (, da!sG, much less ha;e it Gser;ed A! the 6heri11G#, and Bhere
the )?C and con1licted a""ointed De1ender =eBis -aitel agreed to and granted a continuance ot the Cit! 8ttorne!
during this same time "eriod in the criminal tres"ass case against Coughlin Aecause )ichard <. 3ill needed to taDe a si/
BeeD ;acation so, i1 3ill needs it, the )?C Bill continue a criminal tres"ass trial si/ BeeDs and the )4C Bill 1ail to
aAide the statute requiring a 3earing on a tenantFs ?otion to Contest $ersonal $ro"ert! =ien GBithin (, da!sG, Bhereas i1
Coughlin needs a continuance, 1orget it. 4udge 3oBard indicated in the cand! Aar larcen! trial that he did not agree Bith
CoughlinFs ;ieB that Gthis is a com"le/ caseG. No Bord on Bhether 4udge 3oBard still maintains that "osition. Ne;er
mind the 1act that )eno Cit! 8ttorne! $am )oAerts committed "ro1essional misconduct in "utting on testimon! that
CoughlinFs 1ailure to "ro;ide his dri;erFs license to )eno 6"arDs 2ndian Colon! %11icer Jameron CraB1ord Custi1ied a
custodial arrest, 1or, !ou guessed it, a misdemeanor, a1ter 7 "m, not committed in the o11icerFs "resence, Bhere a citiEenFs
arrest Bas not immediatel! e11ected des"ite "rosecutor )oAerts "ossessing a ;ideo and documentation clearl! shoBing
Coughlin "ro;iding the o11icer his dri;erFs license>Bhich is similar to Cit! 8ttorne! 3aElett>6te;ens, in the criminal
tres"ass con;iction in (( C) 0'4,' "utting testimon! A! )ichard <. 3ill that the )$D identi1ied themsel;es and ga;e
Coughlin a Barning to lea;e Ae1ore e11ecting a custodial arrest 1or criminal tres"ass Bhere the ;ideoFs 3ill himsel1, along
Bith the ;ideota"ed inter;ieB o1 )$D 6argent =o"eE clearl! shoB that to Ae 1alse, es"eciall! Bhere curiousl! seemed to
ha;e a ;ideo ta"e o1 e;er! moment o1 that situation e/ce"t the most "ertinent moments he testi1ied to at length....Dind o1
liDe 3ill calling the co"s on Coughlin 1or e;er!thing Aut his allegedly 1inding a GcracD "i"e and Aag o1 BeedG and Glarge
quantit! o1 "illsG though 3ill curiousl! ne;er mentioned such items again, and, a""arentl!, 1ailed to document their
e/istence in an! Ba! other than to sign a sBorn a11ida;it attesting to seeing them, sa;e the Ao/ o1 ;itamins that 3ill and
stead! contractor $hil 6teBart ;ideota"ed and Bhich clearl! demonstrate the! are ;itamins, not G"illsG in the lurid sense
3ill is oA;iousl! going 1or# in CoughlinFs 1ormer laB o11ice, or the one aAout hoB GCoughlin climAed u" on the
contractorFs dum" trucD and inter1ered Bith their BorDG, an assertion Bhich 4udge .lanagan 1ound so unsu""orted u"on
Coughlin destro!ing 3illFs contractor $hil 6teBart on cross>e/amination, "aCamas or not, at the ?arch 03rd, 0,(0 %rder
to 6hoB Cause 3earing occurring Cust da!s a1ter Coughlin Bas e;icted at gun"oint, as is the 7C6%Fs Bont, on ?arch
(+th, 0,(0 A $arD -errace -oBnhomes 3%8, des"ite the unauthoriEed "ractice o1 laB A! 7estern Ne;ada ?anagement,
and testimon! that the $--3%8 ga;e e/"licit "ermission to 7N?Fs )oA!n Batalado to enter a lease in;ol;ing a
Aartering 1or ser;ices Bith the indi;iduals Bhom Coughlin entered a rental agreement Bith, and des"ite 7N? 1iling a
Non>$a!ment E;iction Notice the da! o1 the 6ummar! E;iction 3earing that con;enientl! enaAle it to a;oid the
"roAlems it Bould ha;e 1ace under such an arrangement in light o1 <laEier ;. 4ustice CourtFs ruling on e;icting those
suACect to such unique rental agreements or arrangements. -he ;ideo 1rom that 2nterrogation )oom, hoBe;er, as Bell as
the dis"atch records, the 8rrest )e"ort, and CoughlinFs 7CDC GAooDing in;entor! sheetG all clearl! re;eal that Coughlin
did "ro;ide his Ne;ada dri;erFs license to the o11icer, in addition to su11icient other identi1!ing in1ormation ;is a ;is the
N)6 (7(.(03 that )$D %11icer )osa mentions in the ;ideo o1 the arrest in )4C )C)0,(0>,'334(. 8dd to that the 1act
that the )?C attem"ts to unlaB1ull! en1orce "olic! on those a""ealing a criminal con;iction Bherein the )?C demands
the a""ellant utiliEe its one Gin houseG transcri"tionist, $am =ongioni, Aut also that such criminal a""ellantFs "a! a GdoBn
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"a!mentG on the transcri"t Ae1ore the )?C Bill com"l! Bith those statutor! sections requiring it to transmit the transcri"t
to the District Court GBithin ten da!s o1 the 1iling o1 the Notice o1 8""ealG, Bhere, 4udge Elliot ruled thusl!: G?ost
im"ortantl!, 8""ellant has 1ailed to "ro;ide this Court Bith a co"! o1 the transcri"t o1 rele;ant "roceedings in the )eno
?unici"al Court... 2t is Borth noting that, "ursuant to N)6 4.4(,0#, GStThe 1ees 1or transcri"ts and co"ies So1 munici"al
court "roceedingsT must Ae "aid A! the "art! ordering them. 2n a civil case the "re"aration o1 the transcri"t need not
commence until the 1ees ha;e Aeen de"osited Bith the de"ut! clerD o1 the court.G Accordingly, N)6 (*9.,3,, Bhich
requires the munici"al court to transmit ;arious "a"ers to the district court u"on a""eal, does not require action until such
1ees ha;e Aeen "aid. 3ere, it a""ears that 8""ellant ne;er "aid the requisite 1ees to secure the transcri"tion o1 the
"roceedings. .or this reason, the a""ellate record is incom"lete.G -he 1oregoing ruling A! 4udge Elliot Cust is not
su""ortaAle. 2ts liDe sa!ing Gthe 6i/th 8mendment does not require the a""ointment o1 counsel in a civil case there1ore,
the criminal de1endant 1acing e;en more than Cust the mere "ossiAilit! o1 Cail time in this criminal case has no 6i/th
8mendment )ight to Counsel....G 3a;ing attorne! CoughlinFs career and li1e com"letel! u"ended o;er a cand! Aar Bhen
the )?C is AraEenl! 1louting the aAo;e statutor! dictates, at the e/"ense o1 indigent criminal de1endantFs right to a
legitimate re;ieB o1 their con;ictions is more than Cust a little, ahem....
2n )4C )C)0,(0>,'334(, 4udge 61erraEEa, in "art, Aased his decision to den! Coughlin the right to re"resent
himsel1 e;en Bhere Coughlin testi1ied that he had 1iled a Bar Com"laint his or grie;ance against his "uAlic de1ender
da!s Ae1ore, and Bhere 4udge 61erraEEa inad;ertentl! admitted he Aelie;ed the 30 "age $re>-rial ?emorandum Coughlin
suAmitted on 8ugust 09th, 0,(( to Ae the BorD o1 Gone o1 the Aest criminal de1ense attorne!Fs a""earing Ae1ore this
Court, much less one o1 the Aest "uAlic de1endersG, and Bhere the ;er! sort o1 targeted legal "recedent Bith res"ect to
actual 1actual a""lications o1 -err!, Bea"ons checD G"at doBnsG Bith actual 1acts summariEed a1ter one culled and read
through actual cases that Bere collected a1ter genuinel! targeting certain s"eci1ic legal issues# Bas done A! onl! one o1
the attorne!Fs attached to the cases Coughlin, in the ;arious 1ilings the Court has noB stricDen 1rom the record a1ter
=eslie "retentiousl! re1used to GCoin in onG, des"ite the 1act that =eslie himsel1, Bhose BorD on this case 4udge 61erraEEa
ga;e such enthusiastic re;ieBs, has !et to 1ile a single actual "age o1 legal BorD, and Bhere =eslie con1used Bitness
GColton -em"letonG Bith GCoughlin -em"letonG, con1used the ;ideo o1 )oAert DaBson checD sBinging a sDateAoard at
CoughlinFs head Bith the ;ideo o1 main BitnessHalleged ;ictim Core! <oAle assault and Aattering Coughlin Bith a
"roCectile lit cigarett 1rom tBo 1eet aBa!, re1used to mo;e 1or a continuance u"on the 1ailure o1 tBo Bitness still under
suA"oena 1ailing to shoB u" 1or the 6u""ression 3earing o1 * 09 (0 -em"leton and DaBson#, misa""rhended materials
1acts related to Bhether Duralde told Coughlin not to s"eaD an!more, E-C, E-C., E-C.# 8dditionall!, 4udge 61erraEEa
"ointed to CoughlinFs "ur"orted GlacD o1 com"etenceG in criminal laB matters, citing to CoughlinFs a""arentl! titling, in
the alternati;e his $re>-rial ?emorandum as a ?otion 1or 6ummar! 4udgment and CoughlinFs lacD o1 certaint! as to the
e/tent to Bhich N)C$ a""lies to criminal matters, Bhereu"on Coughlin actuall! corrected 4udge 61erraEEa so 1ar as the
deadline to 1ile a Notice o1 8""eal 1rom a misdemeanor con;iction N)6 (*9.,3,, ten da!s 1rom rendition o1 Cudgment#,
then Coughlin e/"ounded u"on the seemingl! lacD o1 certain in the legal communit! as to N)C$Fs rele;ance to criminal
laB, Bhereas, Coughlin "ointed out the $inana decision seems to maDe clear the )ules o1 E;idence a""l!, Bhereas N)C$
do not, necessaril!, gi;en the! Bere enacted suAsequent to that decision. -he Coughlin "ointed to 4udge ElliotFs use o1
N)C$ 'a# in com"uting time in the a""eal o1 CoughlinFs criminal tres"ass con;iction, Bherein 4udge Elliot Brote:
G6hould an a""eal come outside the ten da!s granted 1or 1iling a Notice thereo1 under N)6 (*9.,3,Fs time "eriod, the
matter is untimel! and ma! Ae dismissed A! the Court. 8s a""lied to the instant case, )es"ondent reasons that Aecause
8""ellant 1iled his a""eal more than ten calendar da!s a1ter the entr! o1 Cudgment, 8""ellantFs a""eal is untimel!.
)es"ondentFs a""roach ignores Ne;ada )ule o1 Ci;il $rocedure 'a#, Bhich go;erns the com"utation o1 time. -hat rule
"ro;ides that GSBThen the "eriod o1 time "rescriAed or alloBed is less than (( da!s, intermediate 6aturda!s, 6unda!s, and
nonCudicial da!s shall Ae e/cluded in the com"utation.G N)C$ 'a#. 2n other Bords, N)6 (*9.,(,Fs ten da! rule does not
re1er to calendar da!s, Aut is calculated Aased on the "assage o1 Cudicial da!s.G .urther, CoughlinFs %""osition to that
?otion to Dismiss his a""eal in C)((>0,'4 actuall! dis"la!ed a "ro1ound gras" o1 that "articular suACect matter, del;ing
into nunc "ro tunc orders, orders made in aAsentia, orders altered a1ter rendition, etc, etc. Coughlin has demonstrated
com"etence to "ractice in quite a Bide cross section o1 the laB, and he certainl! Bould "re1er to re"resent himsel1 in this
and an! other criminal matter, es"eciall! gi;en the a""roach demonstrated A! the "uAlic de1enderFs o11ice here,
"articularl! Bhere "olice and "rosecutorial misconduct ma! Ae an issue. Des"ite )$D )osa maDing Bhat are essentiall!
e/tortionate threats to Aad mouth Coughlin to the GNe;ada BarG, and the "rete/tualHretaliator! and other im"ro"er
conducdt e;inced A! DuraldeFs testimon!, ;ideo e;idence, and othersBise, =eslie announced in o"en court that the )$D
Ghad not done an!thing Brong hereG.
4udge Elliot, in C)(0>,37' made Coughlin do * da!s in Cail to ensure Coughlin Bould ansBer an! and all
questions =aDeFs Crossing might Bish to asD, 32$88 and Bira! DoganFs loose li"s Ae damned, as Bell as the narroBl!
curtailed "ur"ose 1or such an e;aluation in the 1irst "lace, much less the retaliator! animus e;inced A! Dogan in seeDing
it Bhere the 7CDC re1uses to "ro;ide one their medications or a means to maDe and suAmit court 1ilings, or e;en a
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reasonaAle means o1 maDing collect calls or adding mone! 1rom oneFs oBn deAit card to a calling card...# 1rom 8"ril (9th,
0,(0>coincidentall! the da! 3ill 1iled is ?otion 1or I4,,+,, in attorne!Fs 1ees 1or handling the a""eal o1 the summar!
e;iction 1rom CoughlinFs 1ormer home laB o11ice#.
-he Ne;ada 6u"reme Court has held that an GSaT""ellant has the ultimate res"onsiAilit! to "ro;ide this court Bith
F"ortions o1 the record essential to determination o1 issues raised in a""ellantFs a""ea=FG -homas ;. 6tate, (0, Ne;. 37 n.
4, *3 $.3d *(* 0,,4# citing N)8$ 3,A#3#.
9H+H(0 -rial testimon! o1 Duralde at (,:+*:37 am:
Duralde: 2nitiall!, 2 Bas dis"atched a re"ort o1 a disturAance or "ossiAle 1ight in the area o1 the "laEa at 1irst and Virginia
streets, Bhile 2 Bas dri;ing their dis"atch u"dated us to sa! that larcen! o1 a "hone had occurredG
-hat does not seem to Ae all that truth1ul a statement A! D Bith res"ect to Cust Bhat dis"atch told him originall!
and Cust Bhat the u"date Bas. %therBise, Bh! Bould D arri;e and maDe the statement to Coughlin that ((:,,:3+ am#:
Gthe 1irst thing 2 recall sa!ing to ?r. Coughlin Bas that i1 he had someoneFs "hone he could "roAaAl! gi;e the "hone AacD
and the Bhole issue could Ae settled at that timeG
DFs testiomon! at -rial on 9 + 0,(0 at ((:,(:,, am:
6: Did ?r. Coughlin res"ond to !ouN
Duralde: 9es, he asDed me i1 2 had enough in1ormation 1or a -err! 6to".
DFs testimon! at -rial 1urther re;eals the e/tent to Bhich he is molding his stor! into one Bhere teh 1acts and
elements o1 the crime charge 1it together Aetter than the! actuall! do. 2n the Declaratoin 6u""lement o1 his 8ugust 0(st,
0,(( 8rrest )e"ort and Declaration o1 $roAaAle Cause, DuraldeFs trial testimon! is contradicted: G2 1irst asDed
C%5<3=2N i1 he had the ;ictimFs "hone. C%5<3=2N stated that he had the right to not ansBer m! question.G
6o, actuall!, and this is im"ortant considering the e/tent to Bhich the 6tate constantl! har"ed on hoB Coughlin
Bas Aeing non>coo"erati;e and D testi1ied re"eatedl! aAout CoughlinFs sic# Guncoo"erationG#, Coughlin did not outright
re1use to ansBer that or an! question that night, rather, he answered the Officer's question with a question, a la the
Socratic Method of law school days of yore:
0* second marD o1 the ;ideo o1 the arrest#
Duralde: Do !ou ha;e the "honeN...2s it in !our "ocDetNG
Coughlin: 7hatN
...
Duralde: -he i$hone.
4( second#
Coughlin: DonFt 2 ha;e a right not to not ansBer an %11icer Bhen he inquires as to Bhat is in m!
"ocDetsN 5nless this is a -err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at
doBn...
Duralde: 2t is a reasonaAle cause to do one.
Coughlin: $erha"s, !ou might Ae right.
21 the su""ort 1or a "roAaAle cause 1inding 1or a 62-8, or e;en 1or a "at doBn largel! rested u"on CoughlinFs
non>com"liance, di11icult attitude, or Guncoo"erationG, it certainl! is a stretch to read as much into merel! asing Officer
!uralde a question about one's constitutional rights" 8nd so, instead o1 Cust admitting that that is, in 1act, Bhat is done
e;er! single da! in )eno and 7ashoe Count!, DD8 9oung and %11icer Duralde com"ound their misconduct A!
attem"ting to "ut on testimon! and argument alleging that there is a coloraAle claim that Coughlin Bas Aeing su11icientl!
Gnon>com"liantG, di11icult, or shoBing Guncoo"erationG as alBa!s, at the risD o1 Ggoing to Cail 1or oAstructionG...2 mean,
the )$D is GAus!G and the! GdonFt ha;e time to sit out here and deAate the laB Bith !ouG#. CoughlinFs sa!ing G"erha"s,
!ou might Ae rightG, Bhile holding a tin! $eDingnese dog in his arms and a Aic!cle in his gri" Bhile Bearing thin non>
cargo, "lain old shorts and a thin t>shirt Bith no "ocDets, a""arentl!, according to DFs Gtraining and e/"erienceG Custi1ies a
Bea"ons checD "at doBn.
DuraldeFs * 0( 0,(0 Declaration 6u""lement reads:
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G%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours on the Center 6t Bridge, at 2
contacted
de1endant Zachar! C%5<3=2N, on a report of a larceny of a cellular phone.
C%5<3=2N matched the
descri"tion rela!ed to me A! dis"atch and he Bas also pointed out by bystanders to
Ae the sus"ect in the
larcen! Bhen 2 arri;ed at that location.
2 1irst asDed C%5<3=2N i1 he had the ;ictimFs "hone. C%5<3=2N stated that he
had the right to not ansBer m! question. 8s C%5<3=2N Bas wearing baggy
clothing, Bhich can conceal a Bea"on
according to m! training and e/"erience, 2 "at searched him 1or Bea"ons and 1elt an
oACect resemAling a
cellular "hone in each o1 his 1ront shorts "ocDets.
Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that he has an 8""le 2"hone
that he had Aought a
cou"le o1 !ears ago 1or I3,,. <%B=E had set his "hone doBn on a concrete Ball in
the "laEa at
and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs 1riend,
Nathaniel
Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A! and taDen
<%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut
C%5<3=2N stated
that he did not ha;e the "hone. GOBLE then called his "hone numAer 1rom a
1riendFs celluar "hone and
saB the screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet.
<%B=E stated that the!
didnFt hear the ringer on the "hone Aecause the "hone Bas set to ;iArate onl!.
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe
<%B=EFs "hone 1rom
Bhere <%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t
1ront shorts "ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating
noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his
shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone
in C%5<3=2NFs "ocDet, that had Aeen ;iArating, sto""ed.
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the
"ro"ert! o1 another "erson
;alued aAo;e I0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther
;eri1! his oBnershi" o1
the "hone Aased on the "assBord 1or the "hone and calls that had Aeen made in the
"re;ious hours.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout
1urther incident.G
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BUT, WAIT, THE RPD AND OFFICER DURALDE DECIDE TO WRITE A
NEW NARRATIVE THREE MONTHS AFTER THE ARREST, WHICH
1UST SO HAPPENS TO COINCIDE WITH THE APPEARANCE OF A
VIDEO OF THE ARREST ON YOUTUBE AND BEYOND, AND THE NEW
NARRATIVE HAS A REAL "LAWYERED UP" FEEL TO IT
%ddl!, shortl! a1ter a ;ideo o1 the * 0, 0,(0 arrest 1irst started a""earing on "o"ular ;ideo sharing BeAsite
BBB.!outuAe.com in mid>No;emAer 0,((, the )$D and %11icer Duralde a""arentl! 1elt ins"ired to 1ile an
amended Narrati;e to the 8rrest )e"ort, Bithout "rom"ting, and "roAaAl! no at all related to a as to then unDnoBn
to the )$D or Cit! o1 )eno ;ideo o1 the 8ugust 0,th, 0,(( arrest o1 Coughlin 1or the "ett! larcen! o1 the i$hone.
E;en more "eculiar, the GneB additionsG to DuraldeFs Britten account o1 the arrest Cust so ha""en to Ae the sorts o1
things a laB!er on oneFs shoulder might "rom"t an %11icer to Ae sure to document in his re"ort, Bhereas such an
im"ression is less e;inced A! a re;ieB o1 DuraldeFs original Dcclaration 6u""lement, allegedl! com"leted on
8ugust 0(, 0,(0. Com"arati;el!, the neBer Narrati;e A! Duralde seems to Aare a date o1 No;emAer 0*th, 0,((,
and is "age one o1 the dis"atch re"orts is missing 1rom Bhat the 7C$D "ro;ided to Coughlin. Curiousl!, this
sudden amending o1 his original 8rrest )e"ort and 6u""lemental Declaration A! Duralde came Cust 0 da!s Ae1ore
CoughlinFs G7al>?art "ett! larcen! o1 a cand! AarG trial in )?C (( C) 00(7'. 8t that G7al>?art "ett! larcen!
-rialG, on No;emAer 3,th, 0,((, a "articularl! hard line a""roach Bas taDen A! Aoth the )eno Cit! 8ttorne!Fs
%11ice and )?C 4udge Jenneth 3oBard 1or a G1irst time accused o1 sho"li1ting a 1ood itemG indigent criminal
de1endant liDe Coughlin, Bhose "ro1essional license Bould necessaril! Ae sus"ended under 6C) ((('# gi;en an!
o11ense Bherein Gthe1tG is an element necessitates Bar Counsel 1ile a $etition 1or -em"orar! 6us"ension,
a""arentl!, no matter hoB de minimis the tha1t ma! Ae sam"ling a gra"e at the grocer! store countN#, Bhom had
Cust Aeen arrested 1or criminal tres"ass 1rom the home o11ice he Bas e;icted 1rom onl! 3, da!s "rior, and at Bhich
he Bas arrested and ser;ed 3 da!s in Cail onl! tBo BeeDs "rior to the -rial date, Bith -hanDsgi;ing holida!
inter;ening. 4udge 3oBard stress hoB terriAl! dee"l! he cared 1or the time committment the "oor 7al>?art loss
"re;ention associate, -homas .rontino, Bas Aeing made to endure, "articularl! Bhere the original No;emAer (4th,
0,(( -rial date had Aeen continued, and 4udge 3oBard later on admitted he mistaDenl! thought that continuance a
result o1 some 1ault on CoughlinFs "art, rather than Bhat trul! Bas the case, ie, that Coughlin Bas in custod!
incident to the No;ermAer (0th, 0,(( criminal tres"ass custodial arrest in (( C) 0'4,+, and the 7C6% a""arentl!
had smoe sort o1 mi/ u" in that it did, in 1act, trans"ort Coughlin to Court 1or the -rial on No;emAer (4th, 0,((,
hoBe;er, Coughlin Bas ne;er Arought into court and -rial Bas continued, Bith 4udge 3oBard re;oDing the cash
Aail o1 I4,, Coughlin had "osted on the night o1 the 6e"temAer 9th, 0,(( 7al>?art cand! Aar "ett! larcen! arrest,
and raised the Aail to I(,,,, cash onl!, Bhich 4udge 3oBard suAsequentl! undid once he disco;ered that Coughlin
had not, in 1act, 1ailed to a""ear. 3oBe;er, e;en a1ter the conclusion o1 the No;emAer 3,th, 0,(( -rial in the
cand! Aar "ett! larcen! case, 4udge 3oBard still admitted that he had "roceeded Bith the -rial under the
assum"tion that the 1irst continuance Bas somehoB due to some 1ault on CoughlinFs "art. %h Bell...7ould ha;e
Aeen nice 1or 4udge 3oBard to ha;e realiEed that before he teed o11 on Coughlin 1or si/ hours Borth o1 -rial, Bhere
4udge 3oBard De"t at least + court "ersonnel and Cit! o1 )eno ?arshals BorDing o;ertime until a""ro/imatel! 9
"m to conclude the cand! Aar "ett! larcen! trial that had, curiousl!, seem to Aecome such a matter o1 e/treme
e/igenc! and "uAlic im"ortance, though that Bas all "roAaAl! Cust Aecause 4udge 3oBard Bas a Ait mi11ed aAout
that 1irst continuance and "roAaAl! didnFt in;ol;e some communication to him A! the )$D or )eno Cit! 8ttorne!
aAout some damn ;ideo o1 a Brong1uul arrest A! Duralde a""earing on BBB.!outuAe.com. CouldnFt Ae. 8nd,
strangel!, though it Aears a G"rinted dateG o1 ((H0*H((, and mentions things one could liDel! onl! rememAer
es"eciall! 3 months a1ter the 1act# ha""ening during the arrest i1 the! Bere aided A! the use o1 a ;ideo thereo1 to
re1resh oneFs recollection, the No;emAer 0*th, 0,(( Narrati;e A! Duralde indicates, under the Ao/ 1or G6u""lment
NoG that it is an G%)2<G, meaning an %riginal....liDe an GoriginalG Narrati;e...not a 6u""lement to the original
Declaration 6u""lement o1 8ugust 0(st, 0,(( the one that Bas actuall! 1iled in com"liance Bith the )$DFs
de"artmental "olic! o1 1iling re"orts Bithin 4* hours o1 arrest#.
NOVEMBER 28TH, 2011 "NARRATIVE" BY RPD OFFICER DURALDE,
THREE MONTHS AFTER THE AUGUST 20TH, 2011 ARREST
G((>('399 6u""lement No
%)2<
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%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours 2 Bas dis"atched along Bith )eno
$D %11icer ). )%68 to the "laEa at on a re"ort o1 a larcen! o1 a cell "hone at that
location. Dis"atch rela!ed in1ormation that the ;ictim had set his "hone doBn and
that he Bas noB calling the "hone and it Bas lighting u" in the sus"ectFs "ocDet. -he
sus"ect Bas descriAed as a Bhite male adult, 3+ !ears o1 age, 'F,0G, 0(, 2As, Bearing
a red Chicago hat and a Bhite or !elloB shirt and "laid shorts. Dis"atch also rela!ed
that the sus"ect Bas still on scene. 8s 2 Bas arri;ing Be Bere ad;ised that the! Bere
noB in the area o1 E (st 6t and N Center 6t. 2 arri;ed in that area and Bas hailed A! a
grou" o1 "eo"le on the Center 6t Bridge, at 2 contacted de1endant Zachar!
C%5<3=2N, Bho 1it the descri"tion o1 the sus"ect and Bas "ointed out A! the
"eo"le in the grou". 2 told him that i1 he had someone elseFs "hone that Be might Ae
aAle to settle the issue A! him Cust gi;ing the "hone AacD. C%5<3=2N re"lied A!
sa!ing that 2 did not ha;e enough in1ormation 1or a -err! sto". 2 told C%5<3=2N
that 2 did ha;e enough in1ormation 1or a -err! sto" and asDed him again i1 he had the
"hone. C%5<3=2N then asDed me i1 he had the right to not ansBer m! question and
2 in1ormed him that he did ha;e that right. C%5<3=2N Bas Bearing Aagg! clothing
that could conceal a Bea"on according to m! training and e/"erience. 2 then asDed
C%5<3=2N to stand u" and mo;e aBa! 1rom the grou" o1 "eo"le that had Aeen
detaining him. C%5<3=2N com"lied and 2 "er1ormed a "at search 1or Bea"ons. 8s
2 checDed C%5<3=2NFs le1t 1ront shorts "ocDet, he !elled loudl! that 2 had Cust
graAAed his "enis. 2 could 1eel an oACect resemAling a "hone in the "ocDet Aut not a
"enis. 8s C%5<3=2N Bas tr!ing to maDe a scene and Bas ;er! hesitant to 1olloB
the directions that 2 Bas gi;ing him, 2 "laced him in handcu11s. %11icers 8=8J68
and )%68 Bere there Bith me at that time. C%5<3=2N then stated that he had Aeen
assaulted A! the grou" o1 "eo"le Bho Bere Bith the ;ictim. 2 asDed C%5<3=2N i1
he had an! inCuries to suAstantiate the claim and he stated that he did not. 2 then
in1ormed
)e"ort %11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 3 o1 4
C%5<3=2N that the! had legal authorit! to detain him as he had Aeen oAser;ed
taDing the "hone. C%5<3=2N continued to sa! that he Banted to "ress charges 1or
assault against the "eo"le Bho had detained him. 2 le1t C%5<3=2N Bith %11icers
8=8J68 and )%68 so that 2 could continue Bith m! in;estigation. Ne/t 2 s"oDe to
the ;ictim, Cor! <%B=E Bho stated that he has an 8""le W"hone that he had Aought
a cou"le o1 !ears ago 1or I3,,. <%B=E had set his "hone doBn on a concrete Ball
in the "laEa at and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs
1riend, Nathaniel Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A!
and taDen <%B=EFs "hone. <%B=E stated that the! con1ronted C%5<3=2N, asDed
him 1or the "hone AacD, Aut C%5<3=2N stated that he did not ha;e the "hone.
<%B=E then called his "hone numAer 1rom a 1riendFs cellular "hone and saB the
screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet. <%B=E stated
that the! didnFt hear the ringer on the "hone Aecause the "hone Bas set to ;iArate
onl!. 2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N
taDe <%B=EFs "hone 1rom Bhere <%B=E had set it doBn, and then oAser;ed
C%5<3=2N "ut it in his le1t 1ront shorts "ocDet. 2 oAtained <%B=EFs cellular "hone
numAer and called the numAer 1rom another "hone. 2 heard a ;iArating noise coming
1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts Bhere 2
had "re;iousl! 1elt the "hone 2 could 1eel the "hone ;iArating. 2 then sto""ed calling
<%B=EFs "hone 1rom the se"arate "hone and the "hone in C%5<3 =2NFs "ocDet
sto""ed ;iArating. 2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he
had taDen the "ro"ert! o1 another "erson ;alued aAo;e I0+,. 2 retrie;ed the "hone
1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther ;eri1! his oBnershi" o1
"re;ious hours. <%B=E and Z8)8-E Aoth com"leted Britten statements that are
included Bith the case "a"erBorD. 2 also "hoto released the "hone AacD to <%B=E
a1ter com"leting an E;idence $hoto )elease Certi1icate. -he "hotos o1 the "hone
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Bere AooDed into the ;eri"ic s!stem "er "rocedure. C%5<3=2NFs dog, that had Aeen
Bith him during the incident Bas taDen to the 7ashoe Count! 8nimal 6helter A!
%11icer 8=8J68, as C%5<3=2N could not contact an!one to "icD u" the dog or
care 1or it. C%5<3=2NFs AiDe Bas taDen to the )eno $D main station and AooDed
into e;idence 1or sa1eDee"ing. C%5<3=2N Bas then trans"orted to the 7ashoe
Count! 4ail and AooDed Bithout 1urther incident.
)e"ort o11icer $rinted 8t
)(,+,4HD5)8=DE, N2C3%=86 ((H0*H0,(( (4:+0 $age 4 o1 4G
-hat aAo;e No;emAer 0*th, 0,(( Narrati;e A! )$D %11icer Duralde di11ers 1rom his
original 6u""lemental Declaration, 1iled hours a1ter the arrest on 8ugust 0,th, 0,((.
%11icer Duralde and DD8 9oung attem"ted to mislead the court at -rial on 8ugust
09th and 6e"temAer +th, 0,(0 A! 1ailing to disclose the GneBerG Narrati;e o1
No;emAer 0*th, 0,((, Bhile testi1!ing to matters and re1erring to the G8rrest
)e"ortG as though this u"dated Narrati;e o1 No;emAer 0*th, 0,(( Bas Bhat Duralde
original 1iled on 8ugust 0(st, 0,((. 8t -rial Duralde testi1ied as to Gde"artmental
"olic!G requiring such re"orts Ae 1iled Bithin 4* hours 1rom arrest, then "roceeded to
testi1! Bith re1erence to his Gre"ortG, including materials onl! mentioned in his
No;emAer 0*th, 0,(( Narrati;e, gi;ing the im"ression to the court that Duralde Bas
re1erring to his timel! 1iled 6u""lemental Declaration o1 8ugust 0(st, 0,((. .or
re1erence, 1ound AeloB is DuraldeFs 8ugust 0(st, 0,(( 6u""lemental Declaration
attached to his 8rrest )e"ort and Declaration o1 $roAaAle Cause#, 1olloBed A! an
account o1 the material di11erences AetBeen the tBo and an e/"lication o1 hoB and
Bh! these material di11erences, indicate a Bill1ul attem"t A! the )$D, )eno Cit!
8ttorne!, DD8 9oung, and the 7CD8 %11ice to suA;ert Custice and conceal "olice
and "rosecutorial misconduct and retaliation incident ot the arrest and "rosecution o1
this case and the associated criminal cases against Coughlin in )?C (( -) 0'*,,,
)?C (( C) 0'4,+, )?C (0 C) (040,, the )?C Ca!BalDing arrest cases ((
C) NNNNN. 8lso, in the Gdisco;er!G "roduced A! DD8 9oung and the )$D,
DuraldeFs 8ugust 0(st, 0,(( Declaration 6u""lment starts on G$age: 0 o1 0G, !et
there is no G$age: ( o1 (G "ro;ided. %h sure, the 8rrest )e"ort and Declaration o1
$roAaAle Cause Bas "ositioned to looD liDe it Bas the 1irst "age, ie, G"age (G,
hoBe;er, there is not indication that tht "age is G$age: ( o1 0G. Coughlin demands to
Ae "ro;ide the missing G$age: ( o1 0G o1 the 8ugust 0(st, 0,(( Declaration
6u""lement, and an! other materials at all connected Bith this case, an!
in;estigation or case in;ol;ing Coughlin, and an! internal memorandum o1 the Cit!
8ttorne!, 7CD8, )$D, 7C6%, 7C$D, 6BN, etc..
DuraldeFs 8ugust 0(st, 0,(( GDeclaration 6u""lementG reads:
GDEC=8)8-2%N 65$$=E?EN-
$age: 0 %. 0 C86E^ ((>('399
%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours on the Center 6t Bridge, at 2
contacted
de1endant Zachar! C%5<3=2N, on a re"ort o1 a larcen! o1 a cellular "hone.
C%5<3=2N matched the
descri"tion rela!ed to me A! dis"atch and he Bas also "ointed out A! A!standers to
Ae the sus"ect in the
larcen! Bhen 2 arri;ed at that location.
2 1irst asDed C%5<3=2N i1 he had the ;ictimFs "hone. C%5<3=2N stated that he
had the right to not
ansBer m! question. 8s C%5<3=2N Bas Bearing Aagg! clothing, Bhich can
conceal a Bea"on
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according to m! training and e/"erience, 2 "at searched him 1or Bea"ons and 1elt an
oACect resemAling a
cellular "hone in each o1 his 1ront shorts "ocDets.
Ne/t 2 s"oDe to the ;ictim, Cor! <%B=E Bho stated that he has an 8""le 2"hone
that he had Aought a
cou"le o1 !ears ago 1or I3,,. <%B=E had set his "hone doBn on a concrete Ball in
the "laEa at
and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it. <%B=EFs 1riend,
Nathaniel
Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A! and taDen
<%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut
C%5<3=2N stated
that he did not ha;e the "hone. <%B=E then called his "hone numAer 1rom a 1riendFs
celluar "hone and
saB the screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet.
<%B=E stated that the!
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe
<%B=EFs "hone 1rom
Bhere <%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t
1ront shorts "ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another
"hone. 2 heard a ;iArating
noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his
shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate
"hone and the "hone
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the
"ro"ert! o1 another "erson
;alued aAo;e I0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther
;eri1! his oBnershi" o1
"re;ious hours.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout
1urther incident.
73E)E.%)E, Declarant requests that a 1inding Ae made A! a magistrate that
"roAaAle cause e/ists to hold said "erson 1or
"reliminar! hearing i1 charge is a 1elon! or gross misdemeanor# or 1or a trial i1
charge is a misdemeanor#.
)EV2E7ED .%) $)%B8B=E C856E $C#. DEC=8)8N-
$C .%5ND $C N%- .%5ND
2 . D. ^ H,+D,>>H
D8-E: ,?8<26-)8-E $8<E %.
DE.END8N- %)DE)ED )E=E86ED, D8-E: ,?8<26-)8-EG
8lso, it is im"ortant to note that A! 1iling an %""osition to ?otion to 8""ear as Co>counsel on .eAruar! 07th,
0,(0, at 0:++ $?, 7E== %VE) and hour and tBent! minutes a1ter DD8 9oung met in a clandestine status con1erence
Bith Birar! Dogan and, allegedl!, 4udge 6hroeder, 4udge Cli1ton, )?C 4udge Nash 3olmes, "erha"s some other
"ersonnel 1rom the )?C, etc. and a1ter 4udge Cli1ton signed the %rder 1or Com"etenc! E;aluation and it Bas 1iled at
(:3( "m, .eAruar! 07th, 0,(0, DD8 9oung still Bent ahead and 1iled his %""osition at 0:++ "m on the same date, in
contra;ention o1 Ne;ada laB under N)6 requiring 8== "roceedings in a court Bhere an %rder 1or Com"etenc!
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E;aluation Ae sus"ended, and nothing 1urther 1iled. <i;en that 1iling should noB Ae stricDen, DD8 9oung e11ecti;el!
1ailed to o""oses the ?otion to 8""oint Co>Counsel, and $olD dictates that CoughlinFs motion Ae granted in lgiht o1 that.
.urther, at the time, Coughlin Bas a licensed attorne! Bho 1iled a Notice o1 8""earance and 6ustitution o1 counsel on
.eAruar! (4th, 0,(0, Bith his clientFs 1ull "ermission, as such, it Bas not u" to the Court to GalloBG Coughlin to do so,
and that Bas done in ad;ance o1 an! %rder .or Com"etenc! e;aluation and at a time Bhere no such order Bas in e11ect or
an! other com"etenc! issues raised. DD8 9oung, in light o1 his man! transgressions in this case, one Bould ha;e to
sus"ect, Bould 1ull! understand and agree Bith an %rder sus"ending his license to "ractice laB 1or at least a !ear and
Aeing ordered to "a! Coughlin at least I+,,,,,, "ersonall!, in damages 1or DD8 9oungFs "ro1essional misconduct.
3oB 1itting and ironic that the 1olloBing decision Aares DD8 9oungFs name: 5nder Linherent "oBer doctrine,M courts
ha;e Curisdiction to im"ose sanctions on attorne!s, e;en in criminal cases. 6u".Ct.)ules, )ules 39, 99, suAd. 0. 9oung ;.
Ninth 4udicial Dist. Court, 2n and .or Count! o1 Douglas, (99(, *(* $.0d *44, (,7 Ne;. '40, rehearing denied.
8nd DD8 9oung should sto" Aasing his decisions on Bhether to seeD to hold someone in custod! on im"ro"er
rationale DD8 9oungFs email to Dogan in the CourtFs 1ile in )C)0,(0>,'+'3, indicates he Bants Gto see hoB his
attitude isG Ae1ore maDing such a decision DD8 9oung Brote this in an email, on 1ile Bith the )4C, sent during
CoughlinFs * da! incarceration incident to a contem"t %rder in C)(0>,3'7, the com"anion case to )C)0,(0>,'+'3,
Aeing trans1erred to the District Court 1or a com"etenc! e;aluation#. 8gain, on 6e"temAer +th, 0,(0, DD8 9oung Bas
u" to his old tricDs, Bhereu"on, a1ter 4udge 61erraEEa rendered the third %rder 1or Com"etenc! E;aluation o1 Coughlin,
DD8 9oung tried to squeeEe in an im"ermissiAle ?otion to ha;e Coughlin )eturned to Custod!, 1or not a""arent reason
other than to ego tri" and seeD to insure that DD8 9oung can continue going through li1e in a conseq
uence 1ree en;ironment liDe a gu! Aorn on third Aase Bho "ats himsel1 on the AacD all the time 1or hitting a home run
e;er! time he gets a con;iction. 2t is much tougher 1or DD8 9oung to "rosecute against those Bho are not Aeing
ensla;ed A! the 7CDC and denied in their attem"ts to access Custice. 4udge 61erraEEa Bas ;isiAl! startled at the
egregious lacD o1 Cudgment and inci;ilit! inherent to DD8 9oung maDing such an im"ro"er ?otion, and it is high time
that DD8 9oung actuall! ha;e some sDin in the game and ha;e some time to thinD aAout his actions Bhile reading a
4udith JrantE no;el or tBo Bhile on locDdoBn, under administrati;e segregation, and Dee"ing to a 0,,,, calories "er da!
diet, strictl! en1orced. 8nd ma!Ae Duralde, Zarate, )osa, <oAle, =icth!, and 5.C <u! could com"lete the cell AlocD or
housing unit. $roAal! oughta taDe aBa! their tier time 1or no damn reason, too. 8nd donFt 1orget to ha;e De"ut! -hor
re1use to gi;e them e;en one sheet o1 AlanD *.+ inch A! (( inch "a"er, e;en once, much less the tBo "er da! the GniceG
de"uties Bill "art Bith. 6ing Ei""it!>do>da 1or hours on end as !our onl! means o1 comAatting their treacher!, A! maDing
them return home 1rom BorD each e;ening Bith that tune locDed in ;ice liDe gri" on their Arain. 6ome might sa!, to some
e/tent, 4udge 61erraEEaFs continued crediAilit! hangs in the Aalance, "articularl! Bhere he Bas so enthusiastic and
e11usi;e in his "raise 1or the GCoAG 7C$D 4im =eslie Bas doing in de1ending Coughlin in )C)0,((>,'334(, e;en going
so 1ar as to rule that an! re"resentation =eslie did 1or Coughlin in the 1uture Bas alread! Aeing ruled as Gcom"etentG, a
sort o1 Nostradamus as 4udge moment.
2n that case C)(0>,37', 4udge Elliot, Bhom dismissed CoughlinFs criminal a""eal in C)((>0,'4 Aased u"on a
civil statute requiring a doBn "a!ment "rior to the )?C ordering the "roduction o1 transcri"ts Bithin (, da!s 1rom the
1iling o1 a Notice o1 8""eal, then Bent on to dismiss CoughlinFs a""eal 1or 1ailure to cite to a transcri"t, e;en Bhere
Coughlin "ro;ided, at his oBn e/"ense the audio recording A! the )?C o1 the -rial in (( C) 00(7' the )?C always
denies CoughlinFs motionFs 1or "roduction o1 audio recordings o1 hearings at "uAlic e/"ense, e;en Bhere it "re;iousl!
ruled Coughlin indigent su11icient to in;oDed the 6i/th 8mendment, and CoughlinFs )?C a""ointed de1enders always
re1use to order such audio recordings in res"onse to Britten requests A! Coughlin, and 1urther Jeith =oomis, and )oAerto
$uentes de"ri;ed Coughlin o1 his right to suA"oena Bitnesses, and 3enr! 6otelo is on his Ba! there as Bell#.
.urther, 4udge Elliot also dismissed CoughlinFs Brong1ul termination laBsuit against 7ashoe =egal 6er;ices in
CV((>,(9++, and sanctioned Coughlin, a "ro se litigant, thousands o1 dollars o1 attorne!Fs 1ees sanctions, Bhere such
dismissal ne;er reached the merits o1 the underl!ing case, gi;en the dismissal Bas, ostensiAl!, Aased u"on a 1inding o1
insu11icient ser;ice o1 "rocess o1 the Com"laint e;en though Coughlin timel! had ser;ed teh Com"laint and 6ummons
u"on 7ashoe =egal 6er;ices, and e;en "roduced a ;ideo recording "ro;ing that, and Bhere 4udge Elliot routinel! a"lied
$olD against Coughlin Bhere he 1ailed to against 7=6 et al, and 1urther, made sua s"onte legal argument on 7=6Fs
Aehal1 and relied on a legitimate authorit! court rules a""licaAle to the 1iling o1 documents 7DC) (,# as setting 1orth
requirements 1or Bhat constitutes a Gco"!F Bith res"ect to the Gser;iceG o1 documents, going so 1ar as to indicate that a
co"! Bhich contains 0 "ages "er "age is illegible#"""Bhich tends to indicate that 9oung Bishes to hel" the ci;il di;ision o1
the )eno Cit! 8ttorne! and the 7CD8Fs %11ice in mitigating damages, Bhich is not in com"liance Bith DD8 9oungFs
)$C 3.* duties, clearl!. <i;en 4udge 61erraEEaFs "re;ious Barnings to Aoth the 7CD8 and 7C$D in this case: 8ll
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attorne!s Bho maDe "resentations Ae1ore courts o1 laB ha;e solemn dut! to res"ect admonitions issued A! memAers o1
the Aench and ma! Ae disci"lined 1or ignoring such rulings. 6u".Ct.)ules, )ules 39, 99. <reene ;. 6tate, (997, 93( $.0d
+4, ((3 Ne;. (+7, rehearing denied. 2t is high time DD8 9oung, <oodnight, =eslie, and Dogan get a taste o1 some Cail
1ood. 7hen Coughlin Bas in the Coint he learned, ?a/ Cad! st!le, Greal quicD to get in touch Bith his 1eminine,
nurturing sideG and one cannot hel" Aut thinD doing so themsel;es Bould maDe those 1our, and throB in $at Jing, too,
Aetter attorne!s 1or it. Aut "lease "lace all o1 them on Gad segG administrati;e segregation# 1or no a""arent reason, re1use
to let them use their oBn deAit card to "ut mone! on a calling card, maDe it damn near im"ossiAle to com"lete a collect
call to an!one in the outside Borld 1or the "ur"ose o1 ha;ing them "lace mone! on oneFs AooDs so such a calling card can
Ae "urchased, then, a1ter (+ da!s, Bhen the! are 1inall! aAle to get said mone! therein "lace and "urchase such a calling
card, ha;ing some de"ut! in1orm them that the card Bill arri;e in the mail in (,>(4 da!s. %h, also de"ri;e them o1 an!
medication the! regularl! taDe, maDe them get 1our or 1i;e com"etenc! e;aluations, then enter their "ri;ate
medicalHmental health records and in1ormation including "rescri"tions and other "ri;ate 32$88 "rotected date# into a
"uAlicl! a;ailaAle court transcri"t, liDe that in C)(0>,37', 1iled ?a! +th, and ?a! (9th, 1or the 8"ril (9th, and 8"ril
0'th, 0,(0 3earings, res"ecti;el!, then ha;e Dogan and 7C$D Bosler stead1astl! re1use to attem"t to striDe 1orm the
record DoganFs aAominalAe re;elation o1 such "ri;ate date to a courtroom 1ule o1 4, memAers o1 the "uAlic and a 1eB
local attorne!s, "uAlic and "ri;ate, as Bell as, again, still Aeing included in a transcri"t o1 the hearing, a;ailaAle in the
"uAlic record. 8nd tell them the! are Aeing incarcerated 1or contem"t until the! agree to aAide A! a AlanDs checD to
=aDeFs Crossings e;aluators onl!, e;en though the! are agreeing to so aAiding, Aut merel! requesting an o""ortunit! to
Arie1 the "ri;ac! issues and sco"e o1 such an e;aluation "rior thereto#.
6BN $at Jing ;iolated his dut! o1 candor to the triAunal Bhen he suggested in his 6C) ((( $etition that he met
in1ormall! Bith Coughlin, or that Coughlin re1used to so meet, 6C) (,40#: GBar counsel ma! meet Bith an attorne!
against Bhom a grie;ance has Aeen recei;ed to in1ormall! resol;e a matter that does not in;ol;e the commission o1 a
serious crime, as de1ined in these rules.G Coughlin Bas Bas clear in his intention to taDe Jing u"on on his Britten o11er
to alloB Coughlin to re;ieB materials suAmitted in connection Bith the ;arious grie;ances )ichard <. 3ill, )?C 4udge
Nash 3olmes, )?C ?arshal 6cott Co""a and or -hom"son, the .amil! Court 4udge =. <ardner %rder 1or 6anctions that
still the 6BN re1uses to indicate Bho e/actl! 1iled it Aut )?C 4udge 7. <ardner, Bhile re1using to recuse himsel1 1orm
CoughlinFs criminal tres"ass -rial, Bhich )ichard <. 3ill signed the criminal Com"laint 1or did admit on 8"ril (,th,
0,(0, on the record in (( C) 0'4,+ that he "assed that 8"ril 0,,9 %rder 1or 6anctions on 1rom his sister 4udge =.
<ardner, to )?C 4udge Nash 3olmes, though 4udge Nash 3olmes grie;ance to the 6BN o1 ?arch (4th, 0,(0 incident
to her summaril! sentencing Coughlin to + da!s in Cail, Aeginning right then, on .eAruar! 07th, 0,(0, and sus"ending the
tra11ic citation -rial Bherein that %rder stemmed 1rom in )?C (( -) 0'*,,, a1ter, according the 4udge Nash 3olmes
?arch (4th, 0,(0 grie;ance to the 6BN, the 7C$D Bhom remain mum as to an!thing related to such e;ents des"ite
CoughlinFs re"eated Britten inquiries# contacted 4udge Nash 3olmes de"artment, a""arentl! aAout CoughlinFs
com"etenc! issues incident to the %rder 1or Com"etenc! E;aluation that 7C$D Dogan "rocured at a clandestine status
con1erence Bith DD8 9oung, Bhich Coughlin had Aeen noticed on as continued until ?arch 09th, on .eAruar! 04th,
0,(0, and Bhich the court 1ile in )4C )C)0,(0>,'+'3, con1irms, such %rder 1or Com"etenc! E;aluation Aeing signed
A! 4udge Cli1ton and 1ile stam"ed at (:3( "m on 0H07H(0 though the docDet indicates 4udge 6chroeder "resided o;er the
.eAruar! 07th, 0,(0 ?6C on that date, e;en though it Bas, technicall!, reset a month out + da!s "re;iousl!#. .urther, the
1act that DD8 9oung therea1ter, at 0:++ "m 1iled an %""osition to CoughlinFs ?otion to 8""ear as Co>Counsel on that
same date, and Bell a1ter the %rder 1or Com"etenc! E;aluation Bas entered and DD8 9oung made aBare thereo1,
"resents a ;iolation o1 the laB, as an! matters, in an! de"artments Bithin a Court in;ol;ing a "art! Bhose com"etenc!
has Aeen draB into question, must Ae sta!ed, and not 1urther actions taDen, until such time as that "arties com"etenc! has
Aeen determined. DD8 9oung must 1ace Cail time 1or this alone, much less the Gtotalit! o1 the circumstancesG Bhen
considering his innumeraAle acts o1 misconduct in connection Bith the three criminal cases he is "rosecuting against
Coughlin currentl! )C) 0,(3>,'+'3,, )C)0,((>,'334(, )C)0,(0>,'79*,# otherBise, the legal "ro1ession and
Cudiciar! is diminished in the "uAlicFs e!es as Aeing co>o"ted, and either too a1raid to incarcerate a De"ut! District
8ttorne!, or com"licit in the misdeeds o1 one such as DD8 9oung, 1or "ur"oses indicated a "ersonal Aene1it therein is
accrued, made all the more im"ermissiAle A! the e/tent to Bhich the 7C$DFs actions herein ha;e Aeen so regrettaAle.
81ter all, a cand! Aar has alread! Aought Coughlin a 4 month sus"ension, and the 1acts in that case demonstrate that Bas
a Brong1ul con;iction. DD8 9oungFs misconduct includes "utting on misleading testimon! at the ?otion to 6u""ress
"erha"s e;en 1alse testimon! i1 one goes A! the most reliaAle e;idence, DuraldeFs 6u""lemental Declaration to his 8rrest
)e"ort o1 8ugust 0,th, 0,((...not the Narrati;e Duralde 1iled on No;emAer 0*th, 0,(( a1ter the ;ideo o1 the arrest had
Cust recentl! Aegan a""earing on !outuAe.com and elseBhere. 6o "reCudicial and hinting at im"ro"riet! that DD8
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9oung onl! managed to correct DuraldeFs 1alse testimon! to the Court after DD8 9oung got the Bin at the 3earing on
the ?otion to 6u""ress.
6o, DFs Declaration 6u""lement and his oBn trial testimon! re;eal a mutlitude o1 inconsistencies o1 a curious
nature, suggesti;e o1 a sel1>interested moti;e resulting in a Gremi/ingG o1 the 1acts meant to minimiEe DFs cul"aAilit!.
8t the 3earing on the ?otion to 6u""ress, the e/igenc! o1 a "otential! altercation Bas reall! something the 6tate needed
to le;erage, so, o1 course, contrar! to DFs Britten 6u""lemental Declaration 6u""lemental# done Cust hours a1ter the
arrest on * 0, 0,(0, D testi1ed at the * 09 (0 6u""ression 3earing that dis"atch had him res"onding to a re"ort o1 an
altercation. DD8 9oung recogniEed hoB crooDed Bould looD in retros"ectd, Aut, he didnFt get around to 1i/ing that
little oo"sie until a1ter the 6tate had Bon the hearing on the ?otion to 6u""ress, and had the the results o1 the search
incident to arrest admitted into e;idence, regardless o1 the 1act that much o1 that under"inning the "roAaAle cause
anal!sis Bas intimatel! intertBined Bith the GBea"ons checDG "at doBn, Bhich Cust so ha""ened to Ae more su""ortaAle,
in the 6u""ression 3earing conte/t, i1 D testi1ied there, as he did, that dis"atch had him res"onding to a re"ort o1 a
"h!sical altercation....-he 1act that DD8 9oung Baited until a1ter the 6u""ression 3earing game Bas o;er to clean u"
his and DuraldeFs act is more than a little tacD!. 2ts 1raud, and demonstrates a lacD o1 candor to the triAunal and 1ails in
DD8 9oungFs dut! o1 1airness to o""osing counsel. Not that last minute suA 7C$D 4im =eslie, Esq., aHDHa G4imm!
6leaE!G, aHDHa G6hoelessG 4im =eslie minds much, o1 course. DuraldeFs 6u""lemental Declaration o1 * 0, 0,(( actuall!
reads: G%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours on the Center 6t Bridge, at 2 contacted
de1endant Zachar! C%5<3=2N, on a report of a larceny of a cellular phone.G <ee, no mention o1 an altercation
Aeing ti""ed to Duralde A! his Bi1e, 4essica Duralde, a dis"atcher 1or the )$D.
Ne/t, DuraldeFs 6u""lemental indicates GC%5<3=2N matched the descri"tion rela!ed to me A! dis"atch and
he Bas also pointed out by bystanders to Ae the sus"ect in the larcen! Bhen 2 arri;ed at that location.G. -he thing is,
Bhether at the 6u""ression 3earing or the -rial, onl! one "erson has e;er actuall! testi1ied to seeing Coughlin allegedl!
retrie;e the i$hone 1rom the unidenti1ied man Bith a si/>"acD. -hat Bitness is Zarate, Bhom also testi1ied that he heard
and saB that man hold <oAleFs hat alo1t 1or the taDing, Bhereu"on Zarate claimed it. 7hat Zarate does not e/"lain is
hoB he could ha;e Bound u" claiming the hat, Aut not the i$hone, Bhich <oAle and "erha"s Zarate# testi1ied Bere
Bra""ed u" together. 6o, e;en though it the statements o1 these unnamed GA!standersG ma! ha;e onl! Aeen introduced
and, at 1irst, onl! at the 6u""ression 3earing, no less# to shoB the e11ect on the listener, Duralde, e;entuall!, at -rial,
cra1t! old DD8 9oung a""ears to ha;e introduced e;idence 1or the "ur"ose o1 estaAlishing that Coughlin Bas handed
the "hone the man, all Bithout actuall! ha;ing to ha;e crediAle Bitness Bho actuall! did "ersonall! e!e Bitness
Coughlin ha;e the "hone handed to him. 6hucDs, doing that might necessitate calling Nicole 7atson or =uc! B!ington
to the Bitness stand, and the old G2Fm going to throB this i$hone in the ri;er i1 someone doesnFt claim it right noBG Ait
might maDe DD8 9oungFs case aB1ul "roAlematic 1rom an aAandoned "ro"ert! angle or 1rom some e;en more no;el
Gthe de1endant sa;ed it 1rom the galloBsG angle. 8 sort o1 .inders ;. Jee"ers meets the case o1 7aste Not ;. 7ant Not.
8nd <oAle and Zarate et al donFt e;en ha;e to e/"lain Bho in the hecD that Gmost aggressi;e gu!G Bas, Bho Gthe! didnFt
e;en reall! DnoBG, Alah, Alah, Alah 5.C <u!#.
NoB, s"eaDing o1 Bhat a great CoA =eslie is su""osedl! doing and 4udge 61erraEEa Bent all out 1or =eslie here,
so 4im has noAod! to Alame Aut himsel1 1or Aeing so e/"osed#...=eslie didnFt manage to asD a single question directed to
Bho e/actl! Bas amongst the initial three !ouths to a""roach Coughlin <oAle and Bho, 4imN#. =eslie didnFt manage to
asD Zarata hoB it could Ae that Zarate Bas on the other side o1 the sDate "laEa, !et somehoB discerned the "hone
lighting u" in CoughlinFs "ocDet, or the inconsistencies Bith res"ect to Bhether the 5.C <u! the one <oAle sa!s he
doesnFt e;en DnoB, Aut Bhom Bas most "h!sical Bith Coughlin, graAAing CoughlinFs handleAars, according to <oAleFs
testimon!...# aleted <oAle to the 1act his "hone Bas missing, or Bhether Zarate did, and i1 it Bas Zarate, Bhether it Bas
"erson to "erson, A! a "hone call, or in some other manner....urther, =eslie didnFt manage to asD an! sorts o1 questions
regarding the orientation o1 these e;ents and, to Ae 1air, 4im Bas hamstrung A! the 1act that the multi"le in;estigators
draBing a "a!checD on this case, E;o No;aD, and =arr! Carlson, Bhom Aoth maDe more than attoren! Coughlin did as
a domestic ;iolence attorne! at 7ashoe =egal 6er;ices, did not Aother to taDe an! "ictures o1 the alleged crime scene,
nor create an! sort o1 ;isual e/hiAits, or conduct an! in;estigation !ielding an outline o1 the terrain ;is a ;is the
chronolog! o1 e;ents. 6ure Bould lo;e to DnoB Bhat e/actl! Bas E;o or =arr!Fs contriAution, i1 an!, to the de1ense o1
this matter, other than "ro;iding a "lace to stash the mone! meant to Ae "aid in e/change 1or "ro;iding such a ser;ice.
8nd the less said aAout the 1act that the 7C$D has a Gsocial BorDerG on the sta11, the Aetter. 7onder i1 the D8 uses
1unds 1or Gsocial BorDersG. E;en 4udge Elliot e/"ressed sur"rised at that re;elation, though he still BasnFt Au!ing the
idea that Coughlin had an! sort o1 "ri;ac! rights ;is a ;is his medical and or mental health records. )egardless, neither
=eslie, No;aD, <oodnight, or an!one else at the 7C$D did an! BorD on the ;alue element o1 the Ggrand larcen!G initial
charge, es"eciall! Bith regard to the 1act that should Duralde had adduced the reasonaAle ;alue o1 the then 4 and hal1
!ear old i$hone the i$hone 3g came out in mid>0,,7, and <oAle testi1ied that he got his right Bhen the i$hone 3< 1irst
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came out#, Bhich <oAle testi1ied that his Arother Aought it 1or him Bhen the i$hone 3< 1irst came out, Bhereas DuraldeFs
6u""lemental curiousl! maDes mention that Duralde actuall! did do some in;estigation into the ;alue o1 the "hone "rior
to maDing the arrest something Bhich Duralde did not sa! at -rial and Bhich good old 4im =eslie did not Bant to get
Bithin (,,,, !ards o1 asDing a question aAout, less it re;eal some inconsistenc! that Bould taDe =eslie e;en 1urther 1rom
his oA;ious desire to tor"edo CoughlinFs case. =eslie Bent to 1ar in this regard that he could actuall! Ae heard at trial
tr!ing to undertaDe the di11icult tasD o1 at once com"l!ing Bith CoughlinFs entirel! su""ortaAle demand that =eslie
"reser;e the argument as to the arrest Aeing Brong1ul gi;en the reasonaAle ;alue o1 that alleged stolen Bas noBhere near
enough to Custi1! the Ggrand larcen!....thatFs a 1elon!WG said Duralde in a cutes! smug ;oice Bhile Briting out the
"a"erBorD immediatel! a1ter maDing the arrest, maDing sure to "oint out all the tactical ad;antages to his so charging
Coughlin, in com"arison to charging the misdemeanor, "ett! larcen! charge a "hone Borth GI*,>I(,, at the time o1 the
arrestG according to <oAleFs oBn testimon! at -rial#. 2nterestingl!, it Bas DD8 9oung Bho e;en elicited the testimon!
aAout the ;aluation, and, o1 course, =eslie care1ull! a;oided an! 1olloB u" on the short1all AetBeen the initial 1elon!
;alue limit, I0+, and aAo;e, and <oAleFs ;aluation. Des"ite ha;ing Aeen "ro;ide multi"le 1ilings Bherein Coughlin
e/"licilt! set 1orth the statutor! Aar to an o11icer maDing an arrest 1or a misdemeanor committed outside his "resence,
=eslie sto""ed Cust short o1 actuall! "reser;ing that issue 1or a""eal, in a quasi>sl! attem"t to "aci1! Coughlin Bhom
Bas BalDing on 4udge 61erraEEaFs Gi1 !ou sa! another thing 2 Bill "ut !ou in Cail 1or contem"tG tightro"e, in the conte/t
o1 =eslie lame attem"ts to G"reser;e 1or the recordG that, allegedl!, GCoughlin is threatening me right noB, 2 am
"reser;ing this 1or the recordG, Alah, Alah. =eslie managed to maDe a huge sound on the audio recording Bhen he
1uriousl! tore a !elloB sheet o1 "a"er o11 the "ad that he allegedl! "ro;ided to Coughlin, Bith 4udge 61erraEEaFs alleged
instruction to Coughlin Aeing to Brite out notes 1or =eslie to aid in cross e/amination, etc., rather than to ;erAall!
distract or Aother =eslie that instruction Bas not actuall! e;er gi;en to Coughlin, des"ite =eslie and 61erraEEaFs
indications o1 their recollections, on the record, o1 course, in that regard#.
6o, Bhile, i1 !ou checD the transcri"t, =eslie maDes a ;er! elegant attem"t to "aci1! Coughlin on the Gno
misdemeanor arrest a1ter 7 "m 1or alleged illegal conduct outside the o11icerFs "resenceG angle, Bithout actuall!
"reser;ing the issue 1or a""eal....=eslie then goes the e/tra mile and clearl! Aetra!s that he has read and committed to
memor! that statute rather Bell# Bhen he goes on to asD questions instended to estaAlish that the !ouths e11ectuated a
citiEens arrest immediatel! a1ter disco;er! the "ur"orted criminal conducdt. But, =eslie doesnFt Bant to get too dee"
into that, Aecause then Coughlin could demand that =eslie querr! Duralde Bith res"ect to Bh! CoughlinFs 9(( call
re"orting the assault and Aatter! and attem"ted roAAer! u"on him A! the !ouths Bas so casuall! dismissed A! Duralde,
and Bhether such dismissal Bas e;en more su""orti;e o1 the retaliator!H"rete/tual shortcomings o1 DuraldeFs ;ersion o1
e;ents and "ro1erred Custi1ications 1or his actions. -hen there is =eslie, caught on ta"e the CourtFs ta"e, 4im...=eslie o1
course Bas so 1ear1ul o1 Aeing recorded A! Coughlin that he re1used to ;enture out into the hallBa! during the G+ minute
recessG 4udge 61erraEEa accorded Coughlin at the conclusion o1 DuraldeFs cross>e/amination to con1er Bith his counsel.
=eslie, rel!ing u"on some notion "erha"s draBn 1rom his DnoBledge o1 Dogan )?C 4udge Nash 3olmes 6C) ((7
"etition and grie;anceHcom"laint to the 6BN and 3olmeFs ;arious %rders Bhich at once striDe e;er! attem"t made A!
Coughlin to access Custice Bhile also 1nding him, GA! clear and con;incing e;idenceG to ha;e ;iolated "rett! much )$C
there is...Bithout getting around to Aothersome little details liDe "roo1 or due "rocess, or Bhether the criminal summar!
contem"t arrest Bas a "rete/tual one intended to "ro;ide the )eno ?arshals an o""ortunit! to conduct a 62-8 on
Coughlin and GAooD into e;idenceG and, con;enientl! see returned erased a1ter 37 da!s seiEed, CoughlinFs smart"hone
and micro sd card, Bhich alternatel! Bas listed as released to CoughlinFs agent, or not there, Aut then De"ut! 3odge got
caught admitting it Bas, and the it Bas returned "laced inside CoughlinFs smart"hone, Bhereas ?arshal 3arle!Fs
e/clamations during the 62-8 at the )?C clearl! shoB the micro sd card Bas not inserted into CoughlinFs smart"hone
Bhen it Bas 1ound during the 62-8. -he suggestion that )?C Cit! 8ttorne! %rmaas and )?C ?arshal 3arle! Bere
Bhis"ering their Borries into each otherFs ears Coughlin mentions such actions on the record in (( -) 0'*,,# Bas
a""arentl! su11icientl! real enough to result in 4udge Nash 3olmes, sua s"onte, interrogating Coughlin, immediatel!
a1ter a Aathroom AreaD she Aegrudingl! granted Coughlin though she curious re1used to alloB Coughlin to taDe his
!elloB legal "ad Bith him to the Aathroom# as to Bhether Coughlin Bas GrccordingG and asDing Coughlin Bhether he
had a Grecording de;iceG, des"ite the 1act that "rett! much e;er!one BalDing in a court these da!s Bith a cell "hone or
la"to" o1 an! recent ;intage no douAt has such items, to some e/tent. Curiousl!, 4udge Nash 3olmes entered an order
Aasicall! accusing and con;icting Coughlin o1 l!ing in court, !et 4udge Nash 3olmes is notaAl! silent Bith res"ect to
an! actual details in that regard. 7hether )?C ?arshal 3arle! Bas Borried A! some o1 the im"rom"tu cross>
e/amination Coughlin conducted u"on 3arle! is unclear Bhere 3arle! "ur"orted to ser;e Coughlin Notice o1 the %rder
to 6hoB Cause 3earing )ichard 3ill managed to get 4udge .lanagan to grant a hearing 1or that, des"ite nar! a hearing
1or CoughlinFs entire de novo a""eal o1 the 6ummar! E;icdtion %rder in )4C )e;e0,((>,,(7,*, the CV((>,3'3* on
a""eal, and noB Ae1ore the Ne;ada 6u"reme Court in ',33( and '(3*3, the later an a""eal challenging the I4,,,+,
attorne!Fs 1ee aBard 4udge .lanagan le;ied against "ro se tenant a""ellant Coughlin "ersonall!. 7hether Cit! 8ttorne!
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%rmaas Banted someAod! to come Aail her out 1rom Bhere she admitted to ha;ing no intention to 1olloBing u" or
otherBise charting or documenting the admission o1 acce"ting mone! 1rom )ichard 3ill that )$D %11icer Chris Carter
made "erha"s sarcasticall!# to Coughlin Bhile maDing a custodial arrest o1 Coughlin on No;emAer (0th, 0,(( 1or
criminal tres"ass at CoughlinFs 1ormer laB o11ice and Coughlin still had not Aeen aAle to cash the rent escroB checD o1
I0,07+ that the )4C re1used to Cust hand to him u"on its return Aeing ordered A! 4udge 61erraEEa 1olloBing the
No;emAer 7th, 0,(( 3earing a hearing Bhich the )4C did not need CoughlinFs "ermission to schedule, Bhereas,
a""arentl!, the )4C did need CoughlinFs "ermission to schedule a hearing on CoughlinFs ?otion -o Contest $ersonal
$ro"ert! =ien, des"ite N)6 4,.0+37#>*# requiring the Court hold one Bithin (, da!s o1 CoughlinFs No;emAer ('th,
0,(( 1ilign such a ?otion the )4C managed to hold the hearing, true to )ichard 3illFs Bord in his No;emAer 0,th,
0,(( email to Coughlin, onl! a1ter 3ill returned 1rom his si/ BeeD ;acation, and onl! a1ter a""ro/imatel! I*,,,, o1
"ersonal "ro"ert! Bas AurglariEed 1rom CoughlinFs 1ormer home laB o11ice on or aAout DecemAer (0th, 0,(( a
traumatic scene that Coughlin Bas e/"ected to quicDl! get o;er u"on Aeing granted one and a hour hours to arri;e at the
"ro"ert! and in;entor! Bhat Bas missing or damaged, then email to 4udge 61erraEEa, "ursuant to the %rder 1olloBing
the DememAer 0,th, 0,(( 3earing on CoughlinFs No;emAer ('th, 0,(( ?otion to Contest $ersonal $ro"ert! =ien#. -he
less said aAout the 1act that 4udge 61erraEEa made Coughlin "a! 3ill I4*, 1or (' da!s o1 GstorageG a rate Bhich Bas "ro
rata equal to the same I9,, a month 1or G1ull use and occu"anc!G o1 the "remises, des"ite the 1act that Coughlin didnFt
get the G1ull use and occu"anc!G, Aut rather, got a criminal tres"ass con;iction Bhich the 6BNFs $atricD Jing Bhom
BorDed on the ?ilsner ;. Carstar"hen re"orted ?arch 0,(0 decision o1 the Ne;ada 6u"reme Court Bith 3ill# is
currentl! attem"ting to use to Aolster his ;arious attem"ts to ha;e Coughlin GdisAarredG though Jing clearl! DnoBs
;er!, ;er! little aAout "ro1essional licensure laB or disci"linar! "roceedings in general, and certainl! not that, as o1
0,,*, in Ne;ada, Aeing disAarred is Girre;ocaAleG. DonFt e;en get started on the e/tent to Bhich 3ill ignores the N. 6.
CtFs %rder o1 4une 7th, 0,(0 Bith res"ect to the Gsole "ur"oseG o1 the hearing it re1ers to the NNDB, and the Gimmediate
hearingG required A! Coughlin 1iling a 6C) ((((,# and 6C)(,04#d# $etition in ',3*3 and '(40', much less the 1act
that 6C) (,9 has actual ser;ice rules, and 6C) ((' and 6C) (,+ dictate certain lengths o1 time "assing AetBeen Bhen
Jing does manage to get his sla"dash 6BN ;. Coughlin Com"laint ser;ed on Coughlin, then ha;e a hearing set,
su11icient to maDe the 6BNFs attem"t to AacD out o1 the 6e"temAer 0+th, 0,(0 hearing that 6BN ClerD o1 Court =aura
$eters alread! agreed to an noticed Coughlin on in Briting seem liDe more than a legitimate Aasis 1or seeDing sanctions
against Bar Counsel long ;ieBed A! man! in the Aar as an GattacD dog 1or the )ichG <. 3ill#. Not sa!ing that, Cust
sa!inF. -he 1act that 6BN Bar Counsel has to attem"t to "oint to some non>e/istent %rder restricting CoughlinFs NVB
"ractice A! a .ederal 4udge doesnFt e/ist, $at, though its curious the onl! other "lace Coughlin e;er heard such an ugl!
little rumor Bas 1rom a 1ormer client Bhom made indication that he s"oDe Bith $at Jing, "rior to CoughlinFs 4une 7th,
0,(( %rder 1or -em"orar! 6us"ension, and de1inatel! aAout matters Bhich Bar Counsel rooDie $at Jing ought DnoB are
con1idential under 6C) (0( and other rules a""licaAle to his o11ice. 8nd some start>u" solos might do Bell to Ae Bar!
o1 the "ros"ecti;e client Bhom hires one o11 o1 Craigslist, 1orDs o1 a much need checD 1or the staggering sum o1 I(,,,,,
onl! to ne;er "a! another dime, then, a""arentl!, attem"t to le;erage some 6BN 1unded Au!out o1 that relationshi",
ne;ermind Bhether the client "unched the attorne! in the 1ace Bell, "unched the camera into the attorne!Fs 1ace,
actuall!# then tore the locD o11 the attorne!Fs storage unit, Bhich Bas Aartered 1or 1air and square, until local "olitical
innuendo made such an arrangement to incon;enient 1or some to 1olloB through on, Bhereu"on a grand or tBo more
said attorne!Fs "ersonal "roe"rt! Bas stolen, Bhereu"on tenant o1 said lot lied and lied in Court as the landlord tenant
8nd sometimes coddling "uAlic de1enders Bith the old saB aAout hoB Go;erAurdened and under1unded and s"read so
thinG the! are Cust Dind o1 indulges them to Aring out the Borst in themsel;es. Coach Coughlin e;en tried to talD to
Dogan and <oodnight in his GCoach JG ;oice, to no a;ail. ?uch s!m"ath! to Bosler 1or ha;ing to tr! to moti;ate those
tBo. =eslie as G=a!Ber Je;orDianG is not that a"t, gi;en man!, or "erha"s all, o1 Dr. Je;orDianFs "atients actuall!
wanted to die. 4udge 61erraEEa has crediAilit! to s"are, and consistentl! dis"la!s an unusual le;el o1 sDill and talent on
the Aench, all the more sur"rising A! the incrediAl! ;aried 1und o1 elected e/"erience he "ossesses. 3oBe;er, it "erha"s
ought Ae some time Ae1ore another 4udge so readil! ;ouches 1or the BorD o1 an! "uAlic de1ender, "articularl! one so
Bill1ull! intent on "re""ing as little as "ossiAle, in as short a time as "ossiAle, an in as ad;ersarial to oneFs clientFs
interests as "ossiAle manner as that Bhich =eslie dis"la!ed in this case. %ne sim"l! cannot adequatel! Cudge a counselFs
BorD A! ;ieBing onl! that Bhich is "ut on Ae1ore the court on the record and Bith Baili11Fs at the 7C$DFs read! to
threaten to G"ut m! 1oot u" !our assG to an! de1endant Bhom might taDe issue Bith some o1 the more elegant
distinctions AetBeen Gmeans and oACecti;esG and tactics. .urther, ?r. =eslie dis"la!ed a daring a""roach in seeDing to
taDe aBa! one o1 the ;er!, ;er! 1eB in;iolaAle rights indigent criminal de1endant Coughlin has, the decision to testi1! or
not in oneFs de1ense. 7here, as in this matter, the criminal de1endant tooD a multitude o1 ;ideos, one o1 the arrest, a
cou"le moments "rior to the arrest, a multitude u"on Aeing release 1rom Cail thanDs 1or the %) # days later to a li1elong
)eno resident attorne! Bith nearl! all o1 his immediate 1amil! li;ing in toBn and all other statutor! 1actors auguring 1or
a much quicDer relase, 7C6%, not to mention the 1orced Bearing o1 a green dress 1or noB real reason or ;ideo ta"ing
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the accused com"letel! disroAing Bhile si/ de"uties stand "resent Batching, trul!, ;er!, ;er! necessar!#. =eslie is heard
on the audio transcri"t o1 the -rial in )C)0,(0>,'334(, on se;eral occasions, re1using to utiliEe 1or im"eachment or
otherBise le;erage or agree to seeD to introduce into e;idence the ;arious e/cul"ator! ;ideos that ha;e Aeen "ro;ided to
=eslie. =eslie, instead, can Ae heard, es"eciall! a1ter Coughlin im"lores him to im"each the testimon! o1 Zarate Bhom
made a multitude o1 material misre"resentations to the Court#, <oAle the ;ideos shoB <oAle himsel1 graAAing at
CoughlinFs AiDe, counter to Zarate and <oAleFs testimon!, in addition to thoroughl! contro;erting the assertions A! Aoth
!oung Bitnesses that Coughlin did not maDe an! statements indicating he Bas 1ear1ul, etc.#, and Duralde, Bhose
testimon! is e/"ressl! contro;erted in a great man! Ba!s A! the contents o1 the e/cul"ator! ;ideos, 9(( ta"es, and
dis"atch records. )ather, des"ite ha;ing asDed Coughlin "ro Aono, o1 course# to conduct some legal research 1or =eslie
"ro;iding a Aasis 1or seeDing the introduction or use o1 such ;ideos Bith the authentication or 1oundation there1or Aeing
"ro;ided A! a criminal de1endant Bhom ma! Bish to re1rain 1rom maDing the decision to testi1! in his de1ense or not
until a1ter the utiliEation o1 such ;ideos, or at least until their use or admission has Aeen denied A! a court a1ter de1ense
counsels seeDs to ha;e them authenticated or ha;e a 1oundation there1or "ro;ided A! one o1 the other Bitnesses, a Gsilent
Bitness theor!G a""lication, or some other legal means, "articularl! Bhere, as here 4udge 61erraEEa alread! made
"ronouncements 1rom the Aench that an!one could authenticate, and "erha"s, "ro;ide 1oundation 1or such ;ideos Bere
the! "resent at the scene de"icted in such materials. )ather, =eslie Bas hell Aent on curtailing such o"tions and choices
1rom his client, CoughlinFs, and 1urther, =eslie reAuDed Coughlin 1or e;en inquiring as to Bhether mere "ortions o1 such
;ideos could Ae "ro;ided or the introduction thereo1 sought, Bith =eslie chiding Coughlin that Gi1 !ou donFt realiEe hoB
unethical that Bould Ae, "erha"s !ou shouldnFt e;en Ae an atttorne!...G 7hereu"on, Coughlin queried =eslie as to the
e/tent to Bhich =eslieFs oBn duties o1 "ro1essionalism might entail =eslie actuall! su""orting such a Aroad sBee"ing
assertion Bith some actual legal "recedent or authorit!, Bhich, o1 course, met Bith e;en more arrangements 1rom the
G4im =eslie $la!AooDG, to Bit: call o;er the Baili11 and seeD to ha;e him "la! intimidating hea;! u"on an! sort o1 client
consternation as to the illegitimac! o1 =eslieFs a""roach, maDe client "reCudicing "ronouncements in court G1or the
"ur"ose o1 "reser;ing 1or the recordG matters Bhich clearl! "ertain onl! to =eslieFs Bish to "ractice in a consequence
1ree en;ironment de;oid o1 an! actual sDin in the game, 1eign aghast horror at the client GthreateningG him, claim that
the "ro Aono legal research the client "ro;ided =eslie on salient "oints o1 laB Bas in "rint Gtoo smallG, then Gtoo AigG,
then GNo, 2 liDe it darD te/t on a light AacDground, not light te/t on a darD AacDgroundG, to menacingl! smirDing at the
client at tense moments in the trial, to chiming in 1rom the Bitness galler! Bhen GoAser;ingG Dogan or <oodnightFs BorD
Gre"resentingG Coughlin in matters 1or Bhich =eslie Bas not listed at attorne! o1 record, in;ariaAl! Bith qui"s intended
to Aelittle Coughlin and diminish his re"utation Ae1ore a Court, seemingl! 1or the "ur"ose o1 alloBing the 7C$D and
=eslie to more readil! GshushG such GtrouAlesomeG criminal de1endants, to re1using to alloB such de1endants to actuall!
;ieB documents "roduced in res"onse to disco;er! requests, to announcing to the Court that he so re1uses to "ro;ide the
addresses o1 material Bitness Bhom E;o No;aD GcouldnFt manage to get ser;edG, e;en Bhere =eslie re1uses to indicate
Bhether he has an! idea at all as to the numAer o1 ser;ice attem"ts so undertaDen A! the 7C$D, asserting to the Court
that his clientFs GmentalG this or that, entails that it GCust BouldnFt Ae 1airG to the "ros"ecti;e Bitness to di;ulge such
Gsensiti;e in1ormationG, then Auttressing such ridiculous assertions Bith some im"lausiAle s"ur o1 the moment
e/"lanation that =eslie Bas so hesitant to di;ulge such in1ormation "ertinent to e11ecting ser;ice Bhere Coughlin,
allegedl! claimed that he Bould "ersonall! ser;e that Bhich must Ae ser;ed A! a non>"art!, something Coughlin, an
attorne!, Bould realiEe Bould Ae 1utile. NoB, in the eighth inning, the Court a""ears to Ae o11ering Coughlin the chance
to go ahead and re"resent himsel1, Bith the understanding that the remainder o1 the -rial, set to occur on %ctoAer (+th,
0,(0, is to Ae a ;er! Arie1, curtailed a11air. 3oB terriAl! un1air. =et 4im =eslie muss u" a neB suit Bith his outlandish
Areaches o1 the rules o1 "ro1essional conduct seems Bar Counsel ma! a Ait o1 a 1ilter on the grie;ance s!stem resulting
in an inaAilit! to get recogniEed a com"lain or grie;ance against a "uAlic de1ender, and in 7ashoe Count!, the salaries
1or "uAlic de1enders ha;e curiousl! gone u" at a rather ArisD s"eed since aAout 0,,*, des"ite the nationFs econom!
remaining stagnant at Aest. $erha"s Cust coincidentall!, a series o1 local neBs"a"er articles, mentioned in the amicus
Arie1 related to the "ending EC) related suit Ae1ore the Ne;ada 6u"reme Court, a""ear to ha;e materialiEed in
someBhat o1 a ca"itulation Bith such a rise in salaries.
.urther, DuraldeFs 6u""lemental undermines his testimon! at trial Bhere it reads: Gne/t 2 s"oDe to the ;ictim,
Cor! <%B=E Bho stated that he has an 8""le 2"hone that he had Aought a cou"le o1 !ears ago 1or I3,,. <%B=E had
set his "hone doBn on a concrete Ball in the "laEa at and Bas sDateAoarding a""ro/imatel! (+ 1eet aBa! 1rom it.
<%B=EFs 1riend, Nathaniel
Z8)8-E, then in1ormed him that C%5<3=2N had Cust BalDed A! and taDen <%B=EFs "hone.
<%B=E stated that the! con1ronted C%5<3=2N, asDed him 1or the "hone AacD, Aut C%5<3=2N stated
that he did not ha;e the "hone. GOBLE then called his "hone numAer 1rom a 1riendFs celluar "hone and
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saB the screen o1 his "hone light u" in C%5<3=2NFs le1t 1ront shorts "ocDet. <%B=E stated that the!
2 ne/t s"oDe Bith Z8)8-E Bho con1irmed that he had oAser;ed C%5<3=2N taDe <%B=EFs "hone 1rom
Bhere <%B=E had set it doBn, and then oAser;ed C%5<3=2N "ut it in his le1t 1ront shorts "ocDet.
2 oAtained <%B=EFs cellular "hone numAer and called the numAer 1rom another "hone. 2 heard a ;iArating
noise coming 1rom C%5<3=2NFs le1t 1ront "ocDet and touched the outside o1 his shorts Bhere 2 had
"re;iousl! 1elt the "hone. 2 then sto""ed calling <%B=EFs "hone 1rom the se"arate "hone and the "hone
2 then "laced C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the "ro"ert! o1 another "erson
;alued aAo;e I0+,.
2 retrie;ed the "hone 1rom C%5<3=2NFs "ocDet and <%B=E Bas aAle to 1urther ;eri1! his oBnershi" o1
the "hone Aased on the "assBord 1or the "hone and calls that had Aeen made in the "re;ious hours.
C%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout 1urther incident.G
((:,(:,+ am
6: Bhat ha""ened ne/t, 6ir...7ell, let me striDe that @uestion.
2ndeed, the 6tate Bould Bant to striDe that question Aecause the ansBer to it destro!s their Bhole case. 2mmediatel! a1ter
Coughlin "olitel! asDed Gi1 this Bas a -err! 6to"G D in1ormed C and the grou" that he Bas going to search C and get the
"hone AacD, Bell Ae1ore an! o1 the 1anc! reasonaAle sus"icion or "roAaAle cause "rete/tual in;estigation that D testi1ied
to at -rial and Brote o1 in his Narrati;e tooD "lace. 6o, o1 course, DD8 9oung Bould Bant to striDe a question that
"rom"ts D to detail that AraEen, ego dri;en statement A! D that re;eals as "rete/tual all the good sounding Aasis 1or this
Brong1ul arrest.
CFs 1ear Bhile Aeing attacDed A! the sDater !outhFs is ;erAaliEed A! C on the ;ideo o1 the arrest, Cust Ae1ore D arri;es
Bhen C at the 3 second marD# e/claims G2 am scared o1 !ou !oung Dids...!ou ha;e nothing to lose..."lease donFt hurt
me...!ou ha;e clearl! scared meG.
ZarateFs testimon! at -rial is con1irmed someBhat on the ;ideo o1 the arrest 07 second marD# Bhere he can Ae heard
telling D, immediatel! u"on DFs arri;al G2 saB the Bhole thingG. But that is the e/tent o1 their con;ersation, Cust as Z
testi1ied. -hen, D asDs Coughlin GDo !ou ha;e the "honeN...is it in !our "ocDetNG 0* second marD#.
4( second#
Coughlin: DonFt 2 ha;e a right not to ansBer an %11icer Bhen he inquires as to Bhat is in m! "ocDetsN 5nless this is a
-err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at doBn, Aut, "erha"s, !ou might Ae right.
+7 second marD#
Coughlin: -his dog liDes to run aBa!, %11icer, can 2 tie it to somethingN
Duralde: -ie it to !our AiDe.
Coughlin: %Da!.
8ustin =icht!: Core!, 7e can call it. =etFs call it.
(:,0 marD#.
D. Dude, 2 am going to Ae real Bith !ou right noB, the Did Bill "roAaAl! Ae 1ine i1 !ou gi;e him the "hone AacD, i1 not,
Be are going to get it out o1 !our "ocDet and !ou are going to go to Cail.
.rom the (:,* marD to the (:0* marD Coughlin ties his dog to his AiDe and mo;es se;eral 1eet south toBards the 6iena in
res"onse to DFs direction#
7C$D 4im =eslieFs statement at in "erson meeting Bith Coughlin regarding the call records the 7C$D
suA"oened 1or <oAleFs "hone numAer allegedl! =eslie re1used to let Coughlin looD at the records, e;en in a redacted
1orm, and re1used to "ro;ide a rationale 1or Bh!# re;eal that the "hone numAer <oAle claims is his had a call directed to it
at ((:0( "m Coughlin needs to see the records to determine the length o1 the call, and Bhether it Bas ansBered, etc, in
addition to Bhether thecall Bas 1rom Zarate or someone BhoFs "hone Zarate used, su11icient to corroAerate ZarateFs
8ugust 09th, 0,(0 testimon! at trial Bherein he stated that he get time and e/act quote here# called <oAleFs "hone
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shortl! a1ter Bitnessing the man Bith the si/>"acD holding it alo1t and o11ering it u". =eslie alleges the "ur"orted call
records 1or <oAle then re;eal another incoming call at ((:0' "m, 1rom the same numAer maDing the call at ((:0( "m.
=eslie then indicated that <oAleFs "hone recei;ed another call at ((:33 "m 1rom a second numAer, and that <oAleFs "hone
"laced a call to that second numAer at ((:3' "m. 2t has not Aeen asDed o1 Duralde Bhether he himsel1 "laced the
outgoing call on Bhat <oAle alleges is his "hone at ((:3' "m to the same "hone that Duralde alleges he had call <oAleFs
"hone at ((:33 "m, and, i1 so, Bhether Duralde did that to 1urther con1irm the identi1! or "hone numAer to Bhich <oAleFs
"ur"orted "hone Bas attached A! means o1 caller identi1ication on the "hone maDing the call to <oAleFs "ur"orted "hoen
at ((:33 "m. 21 that is the case, Duralde has !et to Ae querried as to Bh! that Bould Ae a necessar! action, that outgoing
call at ((:3' "m.
2t is ;er! rele;ant to CoughlinFs de1ense and 1or the "ur"ose o1 im"eaching e!e Bitness testimon!, such as that
o1 Zarate, 1or Coughlin to Ae "ro;ided the identi1! o1 those Bhose "honeFs "laced the incoming calls at ((:0( "m and
((:0' "m, in addition to the identi1! o1 the oBner o1 the "hone and Bh! Coughlin should not ha;e access to the "hone
numAers 1or these "hones is not clear, as there doesnFt a""ear to Ae a "rohiAition against Coughlin or an in;estigator he
ma! em"lo! contacting these "erci"ient Bitnesses 1or the "ur"ose o1 Auilding the de1ense o1 his case. Certainl!, it is not
Coughlin Bhom has Aeen doing the Bitness tam"ering or attem"ting to dissuade a Bitness 1rom testi1!ing here. )ather,
that misconduct Bas committed though, a""arentl! a""ro;ed o1, i1 not encouraged A! the 7CD8, the )$D, etc# A!
)oAert DaBson, Bhom ;iolentl! checD sBung a sDate Aoard at CoughlinFs head on 8ugust 07th, 0,(( and this Bas
ca"tured on ta"e A! Coughlin#, and A! Core! <oAle, Bhom assaulted and Aattered Coughlin on 4une +th, 0,(0 A!
"roCecting a lit cigarette at Coughlin, at a high rate o1 s"eed, onl! tBo 1eet aBa! 1rom Coughlin, Bhereu"on it hit
CoughlinFs shoulders and the lit ti" o1 the cigarette e/"loded and scattered this attem"t to dissuade CoughlinFs testimon!
Bas also caught on ta"e A! Coughlin#. .inall!, )$D 6argent D!e Bhom Brong1ull! arrested Coughlin, in ;iolation o1
6oldal ;. CooD Count! and 7heeler ; Coss on 4ul! 3rd, 0,(0, then managed to get CoughlinFs Aail raised at an unnoticed
Aail hearing on 4ul! +th, 0,(0 1rom a AondaAle I(,4(+, to a cash onl! I3,,,, cash I(,,,, 1or each charge# 1or an arrest
1or G1ailure to secure a load on a trucDG I(7+ 1ine#, 1ailure to "ro;ide "roo1 o1 insurance I7+,, des"ite the 1act that
Coughlin "ro;ided "roo1 o1 ;alid, current insurance immediatel! a1ter Aeing "ulled o;er A! 6argent 7ea;er and )$D
%11icer D!e, in the 1orm o1 a legiAle "d1 on CoughlinFs smart"hone, an 3-C %ne 6 Bhich has one o1 the largest screens
currentl! a;ailaAle on the marDet, the "roo1 o1 insurance clearl! ;isiAle and shoBing CoughlinFs customer numAer and the
tele"hone numAer 1or CoughlinFs insurance carrier#, and, most s"ecious o1 all, a GDisturAing the $eaceG charge Arought
against Coughlin Cust da!s a1ter the )$D ;ia 6argent ?iller, =ieutenant BroBn, and %11icer 7ea;er# in1ormed Coughlin
the! Bould arrest him 1or criminal tres"ass i1 Coughlin returned to the NorthBind 8"artments com"le/ Bhere Coughlin
still had a laB1ul right to go, thereA! maDing Coughlin inca"aAle o1 committing criminal tres"ass under N)6 0,7.0,, or
)?C *.(,.,(,.
.urther, 6argent D!e GCust ha""ened toG shoB u" in the 6colariFs "arDing lot Bhere Coughlin Ba running errands
at (0:(+ am, on 6e"temAer 4th, 0,(0, Bith the -rial in the aAo;e matter set to occur Cust hours later in )?C (0 C)
(040,. 81ter Aeing hassled A! 6argent D!e aAout Bhether he "arDed his car straight enough, D!e and Coughlin
discussed the use o1 citiEenFs g"s data A! "olice de"artments Bhom "rocure it, sans Barrant, 1rom cellular "hone carriers.
=ater that morning, )$D %11icer 7ea;er made menacing gestures to Coughlin in the )?C courtroom Bhile aBaiting
trial, Bhile the )eno Cit! 8ttorne! a""arentl! 1iled an amended criminal com"laint to include criminal tres"ass, Ae1ore
that "rosecutor realiEed that, i1 the )$D realiEes that Coughlin Bas right and that such an arrest Bould ;iolate 6oldal ;.
CooD Count!, then "erha"s the )eno Cit! 8ttorne! should too, Bhereu"on all charges Aut the G1ailure to secure a load on
oneFs trucDG Coughlin has onl! a (99' 3onda 8ccord sedan# charge Bere dismissed. Coughlin Bas 1orced to s"end 4ul!
3rd through 4ul! 0(st, 0,(0 in the 7ashoe Count! 4ail due to the misconduct o1 these )$D "ersonnel, and arguaAl!, due
to the misconduct o1 )?C 4udge 7illiam <ardner Bho 1ailed to recuse himsel1 1rom the Aail hearing in that matter, and
in a criminal tres"ass 1rom CoughlinFs 1ormer home laB o11icer matter in (( C) 0'4,+, des"ite Coughlin Aeing 1ired 1rom
7ashoe =egal 6er;ices as a domestic ;iolence attorne! in ?a! 0,,9 due, according to 7=6, solel! to <ardnerFs sister's
%rder 1or 6anctions in a di;orce trial, against Coughlin "ersonall!, Bhere Coughlin maintained the maCorit! ;ieB"oint
throughout 8merican Curis"ruduence Bith res"ect to counseling his client that acce"ting a marital settelment agreement
Bherein she Bai;es her chance to "ursue alimon! in e/change 1or the husAand agreeing to Ae solel! res"onsiAle 1or
;arious third "art! credit card deAts to Bhich he Bas the sole signator! an!Ba!s and there1ore CoughlinFs client Bas
unliDel! to 1ace an! Gdoctrine o1 the necessariesG "ursuit A! a""ro/imatel! si/ di11erent unsecured credit card creditors
1or ;arious deAts, none o1 Bhich Bere o;er a""ro/imatel! I0,,,, A! themsel;es....#. )?C 4udge 7. <ardner arguaAl!
Bas 1urther oAliged to recuse himsel1 due to his admission in court, on the record, that he "assed his sisterFs 8"ril 0,,9
%rder 1rom his sister to )?C 4udge Nash 3olmes, Bho then "assed it to the 6tate Bar o1 Ne;ada along Bith her oBn
Com"laintH<rie;ance against Coughlin>o1 ?arch (4th, 0,(0 and stemming 1rom a tra11ic citation trial in (( -) 0'*,, in
Bhich she sentenced Coughlin to + da!s in Cail 1or Gsummar! criminal contem"tG, and had CoughlinFs smart"hone and
other "ro"ert! and electronic date GAooDed into e;idenceG, Bhereu"on it Bas returned to Coughlin damaged and erased
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some 37 da!s later, a1ter inconsistent statements Bere made, some in Briting, some on ta"e, to Coughlin res"ecting the
chain o1 custod! and ;arious "ur"orted releases o1 those items. )?C 4udge 7. <ardner claimed he GcouldnFt
rememAerG something rather salient aAout Bhether he had seen 4udge Nash 3olmes ?arch (4th, 0,(0 letter to the 6BN
and its accom"an!ing Gcom"etenc!G questions relati;e to Coughlin. .urther, the )?C has admitted to communicating
Bith 7C$D Dogan, and "erha"s, 7CD8 9oung et al at the clandestineH;acated ?6C that tooD "lace an!Ba!s des"ite
Coughlin Aeing noticed that it has Aeen continued out a month# on .eAruar! 07th, 0,(0 at (:3, "m...Bhich is odd gi;en
that 4udge Nash 3olmes Bas late A! +, minutes to the (:,, "m tra11ic citation trial in (( -) 0'*,, o1 that same date, and
that her administrati;e assistant could Ae heard in o"en court Bondering Bhere in the Borld 4udge Nash 3olmes could Ae,
as she Bas unaAle to locate her 1or some time. 8t that clandestine ?6C AetBeen DD8 9oung and 7C$D Dogan, Dogan
"rocured des"ite no Britten motion actuall! Aeing 1iled, more o1 a Gcounter motionG a second %rder 1or Com"etenc!
E;aluation o1 Coughlin and noB, on 6e"temAer 3rd, 0,(0, DoganFs su"er;isor 4im =eslie, Esq. has Aeen granted a third
%rder 1or Com"etenc! E;aluation o1 Coughlin, seemingl! Aecause ?r. =eslie needed a Gtime>outG to regrou" once he
realiEe Cust hoB Aadl! he Bas in the "rocess o1 committing mal"ractice and "ro1essional misconduct incident to this
i$honeH"ett! larcen! -rial in )4C )C)0,((>,'334(.
6o, certainl!, 7C$D 4im =eslie, Esq.Fs rationale 1or "reCudicing his oBn client, CoughlinFs case A! re1using to
alloB Coughlin access to essential in1ormation contained in the ;arious records "roduced, runs e/tremel! thin, es"eciall!
Bhen considering the undul! Aurdensome nature to CoughlinFs case o1 BorDing the case 1or an entire !ear Bith a 7C$D
counsel Bho actuall! does regularl! "ractice in misdemeanor de1ense =eslie normall! de1ends in 1elon! matters# onl! to
ha;e <oodnight Ae m!steriousl! remo;ed 1rom the case at the aAsolute last minute Coughlin Bas trans"orted to Court ,
incident to a sta! in 7ashoe Count! 4ail that must ha;e aided DD8 9oung in sta!ing com"etiti;e here# on to 4ul! ('th,
0,(0 to 1ind the tanned, rested, s;elte 4erem! Bosler, Esq. a""earing Bhere <oodnight ought, Bosler indicating that 4im
=eslie Bould GAe aAle to tr! the case A! this .rida! <oodnight and Coughlin had a 1inal trial "re"aration
;ideocon1erence at 4:,, "m, .rida!, 4ul! (3th, 0,(0, and the -rial Bas held on 4ul! ('th, 0,(0, though Dogan and the
7C$D tacDil! tried to tacD on an ?6C or tBo 1or the same time and court reall!, Bhat Bould !ou thinD i1 !our
nutrionist shoBed u" to !our o"erating room Cust Ae1ore !ou Bere to Ae sliced o"en Cust to get a quicD "atient ;isit
checDed o11 the old to do listN#. Dogan clearl! has Eero res"ect 1or the ?6C rule in the )4C, and, its laughaAle to thinD o1
?r. Bosler Aeing all that critical o1 the EC) "rogram 7=6 and =eB -aitel, Esq. Bho should ha;e, Aut didnFt re1use
acce"tance o1 Coughlin as a indigent criminal de1endant in the criminal tres"ass 1rom CoughlinFs 1ormer laB o11ice case
Ae1ore 4udge 7. <ardner, (( C) 0'4,+, Ae1ore he m!steriousl! AoBed out o1 the case, his good 1riend )oAerto $uentes
in his stead, alAeit, 1ailing to com"l! Bith )?C )ule +e# in 1ailing to 1ile a Britten motion e/"laining his BithdraBal
1rom the case -aitel had a clear con1lict in that he shares and o11ice, rece"tionist, 1a/ numAer, is listed on the BeAsite o1
Ne;ada Court 6er;ices>Gan e;iction consulting and "rocess ser;ice com"an!G that regularl! commits the unauthoriEed
"ractice o1 laB, and Bhich e;icted Coughlin Brong1ull! 1rom one o1 CoughlinFs rentals at NorthBind 8"artments on 4une
0*th, 0,(0 Bith the hel" o1 NC6Fs "rocess ser;er ). 7ra! 1iling a 1alse a11ida;it o1 "ersonal ser;ice Bere none Bas, in
1act, e11ected, and Bhere NC6Fs + da! unlaB1ul detainer notice Bas "er se de1icient under N)6 4,.0+3 in that it
incorrectl! listed 6"arDs 4ustice Court as the 1orum to 1ile a -enantFs 811ida;it, and Coughlin did suAmit to 64C such a
1iling....Nonetheless, )4C 4udge $earson not onl! u"held the 4une 0*th, 0,(0 e;iction NC6 Bas also aAle to get 7C6%
De"ut! ?achen ?achen, admits 7C6% =iE 6tuchell, 1iled a 1alse a11ida;it in the summar! e;iction 1rom CoguhlinFs
1ormer home laB o11ice in ?erliss ;. Coughlin, )4C )e;0,((>,,(7,*, Bhich Bas Ae1ore 4udge 61erraEEa as Bell,
alleging he e11ected "ersonal ser;ice on Coughlin o1 the E;iction %rder on No;emAer (st, 0,((, Bhen, in 1act, 6tuchell
admits, he merel! "osted the %rder on CoughlinFs 1ront door Bhen noAod! Bas home. N)C$ 'e# and N)C$ +, N6
4,.4,, and N)6 4,.0+3 GBithin 04 hours o1 recei"tG# all dictate that ?achen conducted the locDout too earl!, and
there1ore the =ocDout %rder Bas stale, there1ore CoughlinFs criminal tres"ass arrest Bas actuall! )ichard <. 3ill et alFs
tres"ass, and the )$D ;iolated 6oldal ;. CooD Count! in BrecDing sho" 1or the landlord caught on ta"e A! 3ill, and, too
Aad 1or him, his testimon! in the transcri"t 1rom that criminal tres"ass matter is arguaAl! "erCur! gi;en the ;ideoFs 3ill
himsel1 "roduced to the Cit! 8ttorne! and a ;ideota"ed inter;ieB o1 )$D 6argent ?onica =o"eE regarding Bhether or
not the )$D identi1ied themsel;es to Coughlin at the 1ormer home laB o11ice or otherBise asDed Coughlin to lea;e "rior
to e11ecting the custodial arrest o1 No;emAer (0th, 0,((...Bhich led to the tra11ic citations outside 3illFs o11ice on
N%;emAer (+th, 0,(( Bhen Coughlin a""eared there requestin his Ballet and dri;erFs license and clientFs 1iles 1rom
3ill...Bhich led to the Gsummar! criminal contem"tG + da! Cail sta! in (( -) 0'*,, incident to the -rial on .eAruar!
07th, 0,(0 on that tra11ic citation, Cust minutes a1ter the )?C communicated Bith 7C$D ;is a ;is the %rder 1or
Com"etenc! E;aluation Dogan "rocurred incident to the clandestineHallegedl! alread! ;acated ?6C on .eAruar! 07th,
0,(0 in )4C )C)0,(0>,'+'3,, the %rder 1or Com"etenc! E;aluation signed A! 4udge Cli1ton, Aut the docDet re;ealing
4udge 6chroeder o;erseeing the hearing. 4udge 6chroeder threatened Coughlin Bith a Cail stint on 4anuar! 3(st, 0,(0 at
the e/tension hearing on )ichard <. 3illFs -$% Bhich 3ill 1iled 1or an recei;ed in a scant 4, minutes on 4anuar! (0th,
0,(0, Bhile the )$D, on 6argent 6i1reFs orders, Bas e11ecting a custodial arrest o1 Coughlin 1or Ca!BalDing in connection
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Bith Coughlin "eace1ull! collecting the ;ideo e;idence o1 3ill dis"osing o1 much o1 CoughlinFs "ersonal "ro"ert!
Coughlin Bas "re;ented 1rom remo;ing all o1 it in a timel! manner gi;en 32llFs 1ailure to unlocD the AacD gate to the
AacD!ard at the o11ice and other oAstructionist measures A! 3ill#. Dogan a""ears 1or Coughlin in the gross misdemeanor
Gmisue o1 9((G case in )4C )C)0,(0>,'+'3, that stems 1rom an arrest, also A! 6argent 6i1re, Cust one and a hal1 da!s
later, on 4anuar! (4th, 0,(0 at CoughlinFs at the residence on ?ontello street Bhere Coughlin rented a room o11 Craigslist
1rom tBo indi;iduals against Bhom he later recei;ed %rders o1 $rotection, though all Bhere e;icted A! the condoFs
oBners, $arD -errace 3omeoBnerFs 8ssociation, Bhich Bas re"resented, at least at the illegal locDout hearing, A! a non>
attorne! as Bell 4udge 6chroeder granted a de1ault to $arD -errace at the suAsequent summar! e;iction "roceeding,
des"ite a 1alse a11ida;it alleging non>"a!ment o1 rent Aeing 1iled on the da! o1 the hearing, Bhereas the 3, da! notice Bas
o1 a No Cause ;ariet!, Bhere Coughlin Bas * minutes late to the stacDed calendar docDet hearing#. 7C6% De"ut!
?achen 1iled another 1alse a11ida;it o1 ser;ice in connecdtion Bith the ser;ice o1 an %rder 6etting a 3earing on )ichard
<. 3illFs ?otion to 6hoB Cause in the a""eal o1 the %rder 1or 6ummar! E;iction 1rom CoughlinFs 1ormer home laB
o11ice in )4C )e;0,((>,,(7,*#, Bhere ?achen sBore that he "ersonall! ser;ed Coughlin such notice minutes Ae1ore the
ill 1aited tra11ic citation trial Ae1ore 4udge Nash 3olmes o1 .eAruar! 07th, 0,(0 in )?C (( -) 0'*,,, Aut Bhere )?C
?arshal 3arle! actuall! e11ected the ser;ice, in a smug, smirDing manner, as i1 to sa! Ghe!, looD, Be all DnoB !ou are in
trouAle Bith 4udge .lanagan noB, tooWG in relation to CoughlinFs Ca!BalDing arrest o1 4anuar! (0th, 0,(0, Bhich 3ill
alleged somehoB Bas on contem"t Bith res"ect to an %rder Den!ing CoughlinFs -)% that Bas onl! 1iled 4anuar! ((th,
0,(0, and there1ore, not e;en constructi;el! ser;ed !et on Coughlin under N)C$ 'e##NC6 Bas aAle to con;ice ?achen
to arrest, on 4une 0*th, 0,(0, Coughlin 1or G1alse statement to a "uAlic o11icerHresistingG, Bhich DD8 9oung is currentl!
using the im"ort o1 6C) ((('# to im"ermissiAl! attem"t to le;erage a "lea agreement out o1 Coughlin ;is a ;is the
;arious other Brong1ul arrests Coughlin has Aeen suACected to this !ear, in ;iolation o1 )$C 3.*, es"eciall! Bhere 9oung
has Aeen "ro;ide !et another e/cu"lator! ;ideo demonstrating that the 7C6% 1ailed to identi1! themsel;es and or
otherBise Aeha;e reasonaAl! in ser;ing a ;oid and 1raudulentl! "rocurred locDout order on Coughlin es"eciall! in light
o1 CoughlinFs email o1 tBo da!s "rior, on 4une 0'th, 0,(0 Bhere he ga;e a Gheads u"sG to the )4C, Jaren 6tancil, =iE
6tuchell, 7C6%, and the )$D Bith res"ect to the 1raudulent ser;ice o1 "rocess a11ida;it o1 "ersonal ser;ice and ;is a ;is
the insu11icient + da! notice Bhich listed the Brong 1orum to 1ile a -enantFs 8nsBer. 4udge $earson a""arentl! 1elt it
Cust to maDe Coughlin "a! 1or these unauthoriEed "ractitioners o1 laB sins...e;en Bhere NC6Fs 4e11 Chandler crossed the
Aar, a1ter dra1ting and 1ilign ;arious "leadings on Aehal1 o1 his Aehemoth cor"orate client oBning and managing
enormous a"artment com"le/es in ten states BBB.acg>am"i.com# in )4C )e;0,(0>,,(,4*. 4udge =!nch still has
Curisdiction on on o1 the sister e;ictions at NorthBind Bhere Coughlin had three rentals# in )4C )e;0,(0>,,(,4*. 2t is
curious, gi;en NC6Fs and -aitels a""arent "artnershi", es"eciall! Bith regard to the e;ent1ul cam"aigns o1 recent times in
the )4C, not to mention the 1act that -aitel noB "artners Bith 7=6 in taDing o;er the EC) "rogram Bhere Bosler could
not longer Custi1! Aeing associated Bith it, Bhilst Coughlin sues 7=6 1or Brong1ul termination, Bhich Bas, again,
according to 7=6, Aased solel! on the order A! )?C 7. <ardnerFs sister .amil! Court 4udge =. <ardner. $erha"s there
is a con1lict mine1ield doBnside to ha;ing Cust aAout e;er! 4udge in toBn maDe their Ba! to the Aench through the
"rosecutorFs seat.
>Zarate testi1ied at -rial that he called <oAleFs "hone shortl! a1ter calling a di11erent 1riends "hone soon a1ter allegedl! to
ha;e seen Coughlin retrie;e the i$hone 1rom the Gman Bith a si/>"acD o1 AeerG, and Zarate, under oath, testi1ied, e;en
a1ter 4udge 61erraEEa con1irmed Bith him care1ull! that he G"ersonall! e!e BitnessedG these things, that Zarate saB the
"hone llight u" in CoughlinFs "ocDet, then saB Coughlin 1li" the "hone o;er, and that "rior to that Zarate asDed <oAle i1
his "hone Bas missing and then alerted <oAle to the 1act that Coughlin had Cust retrie;ed a "hone 1rom the Gman Bith a
si/ "acDG. 2t seems Zarate it l!ing, or <oAle. But one o1 them has to Ae l!ing, Aecaue <oAle testi1ied that the 5.C <u!
Bhom <oAle claims to not e;en reall! DnoB at all, though Bhether <oAle DnoBs 5.C <u!Fs name Bas ne;er reall!
made clear# Bas the one Bho in1ormed him that Coughlin had taDen his "hone u"on <oAle returning to Bhere he had set
his "hone doBn on the ground and gone o11 to the Gother side o1 the "laEeG or "arD, Bhere <oAle Bas either GtalDing to
some 1riendsF "er ZarateFs testimon!# or right A! his 4ee" i1 !ou go A! <oAleFs 9(( call#, or, less liDel!, sDate Aoarding
(+ 1eet aBa! 1rom Bhere <oAle set his "hone doBn on Ga ledgeG according to DuraldeFs 6u""lemental Declaration.
8nother interesting inconsistenc! in <oAleFs Britten Bitness statement and <oAleFs res"onse to 4udge 61erraEEaFs
e/tremel! insight1ul question o1 <oAle at trial something to the e11ect o1 G!ou sa! Coughlin rerie;ed the "hone and Bas
on a AiDe and riding aBa!...Bas there an!thing "re;enting him 1rom 1leeing on his AiDe then, and i1 not, hoB did !ou
catch u" Bith himNG, to Bhich <oAle admitted that Coughlin did not Cust GgraA the "honeG and dart o11 on his AiDe, Aut
that coughlin Bas more meandering around, and that <oAle Bas aAle to catch u" Bith hiim A! ho""ing on his sDateAoard
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and quicDl! riding it o;er to catch u" Bith Coughlin. 3oBe;er, in his Britten 7itness 6tatement, <oAle Brites that he
Gran a1ter him and asDed 1or it AacDG. 8ctuall!, <oAle entire Britten statement con1lcits Bith his oBn testimon!, that o1
Zarate, and that o1 DuraldeFs es"eciall! Bith res"ect to hoB he Aecame aBare his "hone Bas missing, Bho told him, Bho
Bas Bith him Bhen he Bent u" to Coughlin, Bho made the call to the i$hone, Bho allegedl! Bitnessed the i$hone light
u" through CoughlinFs shortFs "ocDet, Bho Bitnessed 8ustin =icht! G"la! a CoDeG on Coughlin A! attem"ting to either
reach into CoguhlinFs "ocDets or attem"ting to gi;e the im"ression that he Bould, Cust , liDe, CoDingl!, Bhile Coughlin Bas
Aeing assaulted and Aattered A! a grou" o1 *>(0 mostl! male, earl! tBent!>something sDater !ouths. <oAle Brote:
G2 Bas at the $laEe and set m! "hone doBn. 8n older man BalDed A! and graAAed it. ?! 1riends Arought it to
m! attention. here <oAle has crossed out the Bord GBeG and continues Bith: G2 ran a1ter him and asDed him 1or it AacD.
3e lied and said he didnFt ha;e it. 7e called it and saB it ringing in his "ocDet. he re1used to gi;e it AacD. 6o, 2 called
9((G.
-here is necessaril! some creati;e remi/ing o1 the order o1 e;ents <oAle and Zarate testi1ied to under oath, in
addition ot the GBho did BhatG and GBho actuall! e!e BitnessedG Bhat. 7h! e/actl! all this remi/ing is going on ma!
relate to a need to "rotect the identi1! o1 or connection to 5.C <u!, or it ma! Cust Ae <oAle and ZarateFs attem"t at
maDing <oAleFs stor! seem more s!m"athetic and less negligent, re;ealing a disturAing Billingness to lie aAout
something that could and has cost Coughlin e/"onentiall! more than Bould losing his i$hone ha;e cost <oAle. 2ts
Aordering on socio"athic Aeha;ior. 8nd in his 9(( calls and testimon! at trial <oAle re;ealed himsel1 to Ae an incrediAl!
sel1>in;ol;ed, sel1>aAsorAed indi;idual more than Billling to "er;ert the truth to ser;e his oBn ends, Bhich, at times,
in;ol;e no more than contem"tuous sel1 satis1action. Zarate Cust comes across as a gu! Bho is more than Billing to lie,
and to "ull Nicole 7atson aside and maDe sure she is in on it and doesnFt sa! an!thing more aAout the Gman Bith a si/
"acDsG threats to throB the "hone in the ri;erG. DuraldeFs testimon! e;inces a similar "attern and Billingness. 2t is as i1
all three o1 these Bitnesses actuall! Aelie;e the h!"erAole aAout laB!ers Aeing liars, and ha;e 1ashioned themsel;es into
some crude re"lica o1 Bhat the! thinD Bould Ae the most ad;antageous iteration o1 themsel;es to Aring out in a court o1
laB under oath. 8nd Bhile this Briting has Aeen ultra critical o1 DD8 9oung, DD8 9oungFs misconduct here seems
negliAile in com"arision, though the "osition he occu"ies necessaril! am"lies e/"onentiall! the consquences to societ! o1
an! such misconducdt on DD8 9oungFs "art. 8nd DD8 9oung clearl! ti"s Bitnesses o11 to Bhen the! are going into
somethign Aad 1or the 6tateFs casae A! raising his ;oice to a hgher "itch and quicDl! sa!ing somethign disnC
*H0,H(( timeline o1 ;ideos and calls and dis"atch data:
((:0(:NN call 1rom 5( 5nidenti1ied ^(# allegedl! A! Zarate according to ZarateFs testimon!# to <oAleFs "ur"orted "hone
((:00:+0 "m 9(( call A! <oAle 6ourceY2D ] +,
((:04:(3 "m: V2DY0,((,*0,Y0304(3 !ou are all on ta"e austin licht! tem"leton goAle Earate chan r"d i"hone
((:04:03 "m: V2DY0,((,*0,Y030403 gi;e us the e11in "hone AacD r"d Brong1ul arrest
((:0':NN second call 1rom 5( allegedl! A! Zarate# to <oAleFs "ur"orted "hone
((:0':0, "m second 9(( call A! <oAle 6ourceY2D ] 49
((:0': 4+ "m 9(( A! Coughlin re"orting attacD A! sDater !ouths 6ourceY2D ] +,
((:0*:,( "m start o1 ;ideo o1 arrest ,V2DY0,((,*0,Y030*,(
6o, one reall! has to Bonder, Bh! is it that, i1 <oAleFs 9(( call o1 ((:00:+0 "m is true in his assertion that the
i$hone Bas Cust called and at least some o1 these !ouths GsaB it light u"G in CoughlinFs "ocDet...then Bh! is there no
indication either in the calls, ;ideos, or testimon! so 1ar# that an!one "ur"orted to see the call Zarate made at ((:0':NN
"m similarl! Glight u" inG CoughlinFs "ocDet, must less Bh! no one, other than an a""arentl! hea;il! coached u" %11icer
Duralde "erha"s a1ter much G"lain sight, "lain 1eel, "lain smell, "lain sound doctrine legal research A! the 7CD8#
Transcript of 911 Calls:
((:00:+0 "m 9(( call A! <oAle 6ourceY2D ] +,
((:0':0, "m second 9(( call A! <oAle 6ourceY2D ] 49
((:0': 4+ "m 9(( A! Coughlin re"orting attacD A! sDater !ouths 6ourceY2D ] +,
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RETALIATORY ARREST: "Let him do his job or we will call the Nevada Bar and tell them how you cooperated
with our investigation. How's that runnin' for ya?" and "Now, your're under arrest ofr larceny. Now we can
search you incident to arrest. How's that?"
%n the ;ideoHaudio recording o1 the arrest V2DY0,((,*0,Y030*,(# the 1ile name o1 Bhich re"resent an
accurate time stam"ing o1 the time at Bhich the ;ideo 1ile Aegan recording on *H0,H(( at ((:0*:,( "m#
3 second marD#
Coughlin: 2 am scared o1 !ou !oung Dids...!ou ha;e nothing to lose, o1 course 2Fm scared o1
!ou..."lease donFt hurt me...!ou ha;e clearl! scared meG
at a""ro/imatel! the 00 second marD )$D %11icer Duralde arri;es on the scene#
8ustin =icht!: 7e saB it light u" in his "ocDet. 3e BonFt gi;e it AacD.
)oAert DaBson: 3e BonFt gi;e us the "hone he stole.
07 second marD#
Zarate: 2 saB the Bhole thing.
0* second marD#
Duralde: Do !ou ha;e the "honeN...2s it in !our "ocDetNG
Coughlin: 7hatN
Colton -em"leton: -he i$honeW
=icht!: DonFt "la! dumA, Cust gi;e it to usW
Duralde: -he i$hone.
4( second#
Coughlin: DonFt 2 ha;e a right not to ansBer an %11icer Bhen he inquires as to Bhat is in m!
"ocDetsN 5nless this is a -err! 6to", Aut 2 donFt thinD this is a reasonaAle cause to do a "at
doBn...
Duralde: 2t is a reasonaAle cause to do one.
Coughlin: $erha"s, !ou might Ae right.
+4 second marD#
-em"leton: 8nd i1 he calls it and it lights u" in his "ocDet, Bill that "ro;e itN
Duralde: 6et !our AiDe doBn on the ground, and mo;e o;er there 1or a "at doBn.
(:,, minute marD#
Coughlin: -his dog liDes to run aBa!, %11icer, can 2 tie it to somethingN
Duralde: -ie it to !our AiDe.
Coughlin: %Da!.
8ustin =icht!: Core!, 7e can call it. =etFs call it.
(:,0 marD#.
Duralde: Dude, 2 am going to Ae real Bith !ou right noB, the Did Bill "roAaAl! Ae 1ine i1 !ou gi;e
him the "hone AacD, if not, we are going to get it out of your pocket and you are going to go
to jail.
.rom the (:,* marD to the (:0* marD Coughlin ties his dog to his AiDe and mo;es se;eral 1eet
south toBards the 6iena in res"onse to DFs direction.#
-em"leton: 9ou Bant to go to Cail o;er a i$hone thatFs not !oursN
=icht!: 9ou ha;e a touch screen "hone
<oAle: 6eriousl!, 2 donFt get it, !ou Cust said i$hones are "la!ed out...
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(:0* marD#
Duralde: .ace that Ba!, other hand on the AacD o1 !our head...this hand on the AacD o1 !our head,
there !ou go...
(:30 marD#
Coughlin: Can, 2 sa! one thing %11icerN 2Fm a laB!er.
(:3' marD#
Duralde startled#: %Da!W strange sli""ingHclicD sound emitted on ;ideo o1 arrest at this "oint#
Coughlin: 9ou Cust touched m! CunDW %11icer, 2 donFt a""reciate !ou touching m! "enis. 2 am a
laB!er, and !ou ha;enFt e;en asDed me a question !et and !ou are handcu11ing me. 2 donFt see
hoB this is a -err! 6to". 2 Bish !ou Bould tell me Bh! !ou are "roceeding liDe this.
0:,, minute marD#
8laDsa: 9ou are a sus"ect in a larcen! o1 a "hone. 9ou ha;e Aeen identi1ied A! a ;ictim as a
sus"ect in a larcen! o1 a "hone. 7e are conducting an in;estigational sto". 7e checDed !ou 1or
Bea"ons to maDe sure that !ou do not ha;e an! Bea"ons,.
Zach: -hose !oung men assaulted me, 2 do not see them Aeing handcu11ed.
0:3+ marD#
Duralde: Dude, !ou are the one Bho is accused o1 the 1ricDinF crime.
Coughlin: 2 am accusing them o1 assaulting me.
Duralde: %Da!, and 2 am sa!ing that is un1ounded hoB are !ou inCured.
Coughlin: 5h, assault isnFt inCur!, its a""rehension o1 imminent Aodil! harm.
Duralde: %Da!, so Bhat did the! doN
Coughlin: -he! graAAed me, the! "ushed me, the! reached into m! "ocDet, and the! "ulled m!
dog 1rom me,
Duralde: 21 the! touched !ou its not assault.
Coughlin: ...8s a gang o1 sDaters, tBent! o1 them AacDed me u" into oncoming tra11ic.
3:,+ marD#
Duralde: CitiEenFs arrest. -he! BouldnFt ha;e Aeen coming a1ter !ou i1 !ou hadnFt stolen the Dids
"hone.
Coughlin: %11icer, let me tone this doBn a little Ait, oDa!. 2 ha;e res"ect 1or !ou.
Duralde: 7hat is !our nameN
Coughlin: Zachar! Coughlin, Ne;ada Bar numAer 9473.
Duralde: 2 donFt care Bhat !our Aar numAer is, Bhat is thatN 3oB does that Aare on thisN
Coughlin: 7ell, ma!Ae it Aares toBards...oDa!, !ou seem to not res"ect or Ae Billing to hear
an!thing an attorne! sa!s, !et a grou" o1 sDaters !ou Aelie;e Bholeheartedl!.
Duralde: Do !ou ha;e the "honeN
Coughlin: 2Fm not an...Bell, let me thinD aAout that....Do 2 ha;e the "honeN Do I have a right not
to answer your question?
3:4( marD#
Duralde: 1ust don't talk anymore.
Coughlin: %Da!.
3:4+#
Coughlin: Do you have a right to search my pockets right nowN
Duralde: 7hat is !our last name, hoB do !ou s"ell itN
3:++ marD#
Coughlin: 8m 2 under arrestN
Duralde: Dude, !ou are detained 1or a crime Be ha;e e;er! right to identi1! !ou.
Coughlin: 6o, 2 thinD its under the 3iiAel case Bhere the gu! re1used to gi;e the "olice o11icer his
nameN
)osa: 2ts called (7(.(03, -err! 6to". 9ou can "ro;ide !our name or Ae arrested 1or oAstruction.
Coughlin: 9ou DnoB Bhat 2Fm talDing aAout.
)$D %11icer )osa: 9eah, 2 DnoB Bhat !our are talDing aAout.
Coughlin: 6earch incident to arrest.
)$D %11icer )osa: -hatFs not Bhat !our Aeing...!ou are Aeing detained, dude.
- 87/231 -
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Duralde: 9ou are not under arrest.
Coughlin: %Da!.
4:(+ marD#
)$D %11icer )osa: Provide your name or go to jail for obstruction, and we will call the
Nevada Bar and let them know how you cooperated with our investigation, how is that
runnin' for yaN 7e are tired, and Be are Aus! tonight, Be ha;e got Aetter things to do tonight
than Ae out here and deAate the laB Bith !ou. <i;e the man !our name and let him do his CoA. 2s
there an!thing Brong Bith thatN
Coughlin: 7ell, can 2 asD !ou a questionN
)$D %11icer )osa: NoW 9ou canFt, Cust "ro;ide !our name and in1ormation or go to Cail. -hose
are !our o"tions, Be are done discussing the laB.
4:4, marD#
Coughlin: 8m 2 under arrestN
)$D %11icer )osa: 3oB man! times do 2 ha;e to tell !ou, !our are Aeing detained.
4:40 marD, dis"atch radio tra11ic can Ae heard in the AacDground 1rom the %11icerFs radio sa!ing
G3994G, the 6tate 1ailed to "roduce an! dis"atch recordings des"ite Aeing ser;ed Bith a suA"oena
and des"ite the 1act that such radio tra11ic is recorded under )$D "olicies#.
)$D %11icer 8laDsa: 8 decision has not Aeen made
4:4' marD, o11 in the distance#
6Dater ;oice, liDel! -em"letonFs: 2t Bill either light u" or ;iArate.
Coughlin: %Da!, Can 2 Cust asD a questionN
)$D %11icer )osa: 7hat is !our question.
Coughlin: 2 ha;e total res"ect 1or !ou, Aelie;e me, 2 do.
4:+( marD o11 in distance#
<oAle: He might have switched it over and or flipped it over.
(4:52 mark)
)$D %11icer )osa: 7ell then gi;e the man !our name, shoB him a little res"ect.
4:+4 marD#
<oAle: He might have flipped it over to the right if it isn't in there then.
=icth!: 9eah, that is Bhat he did.
4:+* marD#
Coughlin: Can !ou asD these Dids to AacD o11 so Be can tone doBn this situation..
)$D %11icer 8laDsa: 9ou gu!s can !ou lea;e us alongW BacD o11W 2 said 2 Bould hel" !ou out.
%Da!, alloB me to do m! CoA, oDa!N
+:,0 marD, radio dis"atch tra11ic remains audiAle#
+:,7 marD#
Duralde: NoB, !ou are under arrest 1or larcen!. NoB, Be can search !ou incident to arrest.
How's that?
Coughlin: 7ell, 2 mean, 2 Bish !ou had asDed me some questions "rior to arresting me, 2 mean, it
might looD Aetter 1or !ou.
Duralde: 6tand u"W
+:39 marD#
)$D %11icer 8laDsa: 7ho do !ou li;e Bith, 6ir.
Coughlin: 8t this "oint %11icer, though 2 res"ect !ou, i1 !ou gu!s Bant to "la! so hardcore Bith
me, !ou DnoB...
)$D %11icer 8laDsa: 2 Bant to tr! to hel" !ou Bith !our dog and !our AiDe, Bho can taDe care o1
!our dogN
Coughlin: 2 li;e alone.
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+:+0 marD, )$D %11icer Duralde remo;es CoughlinFs 3-C <0 smart"hone 1rom CoughlinFs right
side shortFs "ocDet, looDs at the screen light u" a1ter touching it, and "resses the red recording
Autton to sto" the ;ideo recording#.
Pursuant to NRS 174.234, the following are the names and
addresses of such witnesses the State intends to call in its case in
chief and or defense.
)EN% $%=2CE DE$8)-?EN-: )on )osa, %11icer 8laDsa, 6argent ?iller, 6argent 6i1re, Nicholas Duralde, )eno Cit!
8ttorne! 4ohn Jadlic, Don Christensen, %11icer Chris Carter, 6argent ?. =o"eE, 6argent 4ohn -arter
Emergenc! Dis"atch $ersonnel 4essica Duralde, 6a;annah ?ontgomer!, 6cott 7eese
7itnesses: =uc! B!ington, 5. <u! "erson most aggressi;e in <oAleFs sDater !outh Arigade, Nicole 7atson, )oAert
DaBson, -anner Chan, 8ustin =icht!,
- 89/231 -
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-hat letter o1 interest and Bind shear arrest and times and attem"t at transcriAing Bith Dragon 1or * 09 (0
$art 3 )C)0,((>,'334(
8ugust 09th, 0,(0 7ednesda!
((:(*:,* am
3im Cudge: Be Bill go 1orBard then 1irst o1 all 2 am gonna rule Aased u"on an in camera hearing is not 1ind
that a con1lict o1 interest that Ba! Ae so suAstantial as to den! the de1endant si/th amendment right to
counsel in this case. 8nd Bith res"ect to the .aretta can;as 6ir 2 Aelie;e !ou are a Arilliant "erson 2 am
re1erring to ?r. Coughlin here !our anal!sis o1 the minutia is Bithout equal, Aut) do belie&e you ha&e a
problem percei&ing the forest from the trees t#o days ago ) spent an inordinate amount of time on
this &ery same issue the inability to ma%e a simple decision resulted in us coming again to this
issue today a although ) belie&e it probably is untimely ) am going to rule on the 0aretta can&as
and )'m going to deny you selfrepresentation at this point because ) don't belie&e you are
competent based on your ans#ers to the 7uestions as #ell as the pre&ious documents you filed
in this case based upon the fact that you ha&e in fact been suspended by the !tate 5ar of and are
demonstrated lac% of %no#ledge of at least some of the important criminal la# is your lac% of
%no#ledge of procedure in criminal cases in particular the fact that you filed a motion for
summary $udgment in this case in&ol&ed other must demonstrate that you are confusing sit #ill
#ith criminal procedure and ) am concerned that if you represent yourself in this case that #ould
not be in your best interest and therefore )'m going to continue #ith to counsel that has been
appointed and #e #ill go for#ard the trial at this point <r( young to do ) call your first #itness
Coughlin !ir #ould be more correct to say #e're going to continue #ith the hearing on the <otion
to !uppress'
$udge: =es, that is correct( !o call your #itness on the motion to suppress him(
11:21 am
!tate: &ery briefly =our Honor there #as also and it #as part and parcel #ith the opposition for
cocounsel
$udge: ) am going to deny that that motion and grant all the motions to stri%e #ith regard to any
other filings by <r( Coughlin lets their $oint by the public defenders ) don't belie&e any #ere $oined
in by the public defenders
-eslie: =our Honor #ere not $oining in those motions #ith regard to the additional issue of his
pretrial brief> motion for summary $udgment filed at appro4imately 16 this morning or at least as )
understand it #as e?mailed at this time that time #hen ) #ould suggest is #e proceed #ith the
motion to suppress depending upon the outcome #e may or may not ha&e a brief trial and some
testimony and then there may be appoint #here ) as%ed for lea&e to file posttrial brief #here )
as%ed for permission to if ) belie&e that any issues need to be commented on in #riting to assist
the court in ma%ing a decision but ) am not $oining in the fugiti&e documents(
@udge: so ) am gonna grant a motion to stri%e all documents that #ere full filed solely by <r(
Coughlin ho#e&er #e do ha&e the motion to suppress #hich is properly filed and for that )'m good
has that <r( young causes #itness
state: yes, =our Honor )'m prepared to go for#ard the motion to suppress )'m going to ha&e the
state call officer 2uralde(
*)t is simply unfair to allo# the &arious filings by Coughlin to remain on file for months and months
and then on the day of trial allo# the state to mo&e to ha&e been stric%en particularly #here the
public defender is clearly relied upon the e4tent to #hich Coughlin has co&ered issues in his
filings and therefore the public defender failed in its o#n regard to preser&e those issues the
public defender #as to some e4tent li%ely lulled into a false sense of comfort in that regard( )f the
court #ish to stri%e Coughlin's filings it needed to do so much sooner than minutes before the trial
started its plainly unfair to do so here to #het the public defender failed to ma%e any sort of
arguments related to the reasonableness of the search incident to arrest indeed <r( Goodnights
motion to suppress fails to broach the topic and <r( -eslie's trial practice completely fail to
address that putting all his eggs in one bas%et that of #inning on the patdo#n arguments ho#e&er
<r( Coughlin's filing particularly his pretrial motion of 0ebruary 16, 2011 did manage to do a
thorough $ob in that regard #hich runs counter to the court's assertions that <r( Coughlin
demonstrate a lac%, since he indeed it appears that <r( -eslie is the one #ho gets to practice
#ithin that #herein the court #ill deem anything he'd does as competent and Aealous ad&ocacy of
the highest 7uality e&en #here <r( -eslie has clearly the most frail of grasps of the facts of the
case and is done absolutely no no&el legal research directed to#ards the issues that ha&e
re&ealed themsel&es to be a salient importance in the defense of this matter(
8o #it: Coughlin's 0ebruary 16, 2011 motion in contained the follo#ing citation to legal authority
that is of supreme importance in the defense of this case and re&eals a profoundly s%illed legal
researcher applying high le&el critical analysis of the legal and factual issues re&ealed in this
matter:
B%J to "ush Autton on
"ager 1ound on de1endant at time o1 arrest re;ealing numeric messages.
6ome courts alloB a 62-8 o1 a locDed area or container, 5.6. ;. <onEales, 7(
..3d *(9 ((th Cir.(99'# and Clemons ;. 5.6., 70 ..3d (0* 4th Cir. (99+#. 3oBe;er, i1
the arrestee is handcu11ed and in "olice custod! and has no chance o1 unlocDing and
o"ening the container, it seems that searches o1 locDed containers require a search
Barrant or other e/ce"tion.such as in;entor! search or consent#.G
Neither =eslie nor <oodnight e;en Aegan to understand or Aother to maDe an! sort o1 attem"ted ad;ocating
on CoughlinFs hal1 Bith res"ect to the e/tent to Bhich o11icer to donDe! or e/ceeded a reasonaAle sco"e in
his search incident to arrest A! accessing the digital data on a "hone that he himsel1 admits had a screen
locD on it Bhile Coughlin Bas handcu11ed( -eslie basically made of roo%ie mista%e in failing to ma%e
any arguments directed to#ards the reasonableness of the search incident to arrest particularly in
the e&ent that anything connected to the patdo#n #as thro#n out that his basic that is
malpractice the e4tent to #hich -eslie has been smog in rude flippant in careless #al%ed out on
multiple meetings #ith Coughlin minutes after they began and hung up the phone on Coughlin
numerous occasions re&eals the e4tent to #hich -eslie is committed professional misconduct
here and should be sanctioned held in contempt by this court #hich retains the po#er to do so
amongst the inherent authority gi&en to it by the !upreme Court rules of :e&ada,(
-eslie: =our Honor last of the rule of e4clusion applies
$udge:, and as% anyone #ho's a #itness in this case to #ait outside not discussed this case
amongst yoursel&es and until the court calls you for your testimony( Cfficer #ould you raise your
right hand to s#ear under penalty of per$ury to tell the truth the #hole truth and nothing but the
truth
2uralde: ) do
state: #ould you please state your name for the record'
2uralde: :icholas 2uralde 2/9A-2D
state:=our Honor, $ust to confirm these proceedings are still being recorded correct'
@udge: yes and the in camera proceedings #ere recorded as #ell but they #ere preser&ed in
sealed so they are separate(
!tate: are you currently employed
don%ey: the 9eno +olice 2epartment
(((11:2:09am(((
11:2E:33 am
state: directing your attention August 20, 2011 you said you #ere assigned as a patrol officer that
day, and did something occur shortly before midnight that brings you court here today
don%ey yes:
state: could you tell the $udge #hat that #as please
don%ey: ) #as dispatched to a call by, ) can't remember #hat the dispatch location #as e4actly but
it #as at the +laAa at 0irst and 1irginia across from City Hall on a report of,,, at first dispatch that
it #as a disturbance, ) belie&e, possibly a fight, and then as #e #ere on our #ay there the
updated us seem it #as a larceny that had occurred(
!tate: the location you are referring to is that at or near 10 :( 1irginia seat or 1 Center !t( here in
9eno, #ashoe county :e&ada'
2on%ey: yes(
!tate: #hen you arri&e can you tell us #hat occurred'
2on%ey: #hen ) arri&ed him there #as a large group of people on sidered !treet near the ri&er )
can't recall the description that #e #ere gi&en of the suspect in the larceny but dispatch ga&e us a
description and #hen ) arri&ed there #as a large group of younger adults possibly summon their
late teens sitting do#n and standing near the defendant <r( Coughlin #ho #as sitting do#n in the
middle of them <r( Coughlin #as #earing the clothing described to us by dispatch(
11:2;:20 am
-eslie: ) ob$ect =our Honor the my ob$ection is that he can testify to #hether the close <r(
Coughlin allegedly #as #earing are consistent #ith #hat dispatch told him because he doesn't
e&en remember #hat the description of the suspect gi&en to him by dispatch in the first place
$udge the ob$ection is sustained( 8he testimony #ith respect to the clothing matching the
description pro&ided by dispatch is stric%en
state: officer did you #rite a report in this case'
don%ey: yes
state: and did you #rite this report sometime soon after your in&ol&ement #ith this case'
don%ey yes
state: you recall appro4imately ho# long
tal%ing department policy re7uires us to the #rite a report #ithin 6; hours of #hen the arrest #as
made(
state o%ay so pretty soon after your in&ol&ement'
2on%ey: yes
state: if ) could approach, =our Honor )'m sho#ing the #itness #hat appears to be his report is
that correct'
don%ey yes
state is this the four page, it has some other things, but this is the four page report, correct'
don%ey yes
*:o#, no#, <r( =oung and Cfficer 2uralde, aren't you demonstrating a bit of lac% of candor #ith
the Court there' 2id the !tate not only pro&ide the B:arrati&eB by Cfficer 2uralde on :o&ember
30th, 2011, three months after the arrest' Ho# does that relate to 2uralde's testimony that
state directing your attention to page 3 second paragraph(( 2on't ans#er out loud but $ust re&ie#
that report your report and let me %no# if that report reflections refreshes your recollection as to
clothing and descriptors as pro&ided you by dispatch (((11:29:9 am(((silence until him 11: 30: 6E
am,
state: after re&ie#ing that is a refresher recollection'
don%ey: yes
state #ell: o%ay )'ll ta%e that report bac% from you( "hat #as it is far as particulars of the
potentials suspect #as of the dispatch ad&ised'
$udge <r( -eslie did you ha&e an ob$ection
-eslie ) didn't ha&e an ob$ection ) #as loo%ing at <r( Coughlin's copy on his computer of the police
report and by doing so ) #as able to find the information ) thought ) needed
state go?ahead sur
don%ey the suspect #as described as a #hite male appro4imately E foot to t#o 210 pounds
#earing a red Chicago at ) remember a light?colored shirt and plaid shorts
state: o%ay enough asporta #hen you arri&ed on scene did you see indi&idual #ho matched his
description
don%ey: yes
state: is the person #ho #as consistent #ith that description the courtroom today
don%ey yes
state ne#born that person out to the $udge'
@udge the record #ill reflect the identification of defendant
state did you ma%e herbal contact #ith <r( Coughlin at that point
don%ey yes
state and can you tell the court #hat happened
don%ey: the first thing ) recall saying to <r( Coughlin #as that if he had someones phone if he
ga&e it bac% to him that the #hole situation could probably be ta%en care of at that point
state: do you recall #hat <r( Coughlin's response #as if any'
don%ey <r( Coughlin as%ed me if this #as a 8erry stop and if ) had authority to the to do that'
11:32:3F am
*2uralde's testimony here regarding the first statements Coughlin made to him is in mar%et
contrast to ho# he described it in his supplemental declaration filed #ithin 6; hours of arrest and
in his narrati&e of three months after the arrest and that this trial testimony describes Coughlin
statement as a 7uestion i(e( as%ing officer dra#led #hether he had authority to conduct a 8erry
stop #here is an officer dra#led's #ritten reports dra#led indicates that Coughlin told officer
dra#led he did not ha&e authority to conduct a 8erry stop to the e4tent that Coughlin's le&el of
compliance or cooperation became the %ey issue here it is of !elye importance #hether or not
Coughlin responded to the officer's 7uestion by telling him he didn't ha&e authority to do
something or #hether Coughlin responded in more supplicating conciliatory manner by in7uiring
#ith the officer as to #hether or not gi&en the specific circumstances at hand the officer had 7uote
authority to do a 8erry stopB( +erhaps #hen officer dra#led is under oath he gets a little bit more
careful in describing things that he does #hen he's $ust #riting police reports #herein his probable
cause analysis is re&ie#ed by a magistrate and #here such reports presumably are not #ritten
under of or it similarly attested to(,(
!tate: so did he ans#er your 7uestion are incurring about #hether he had a phone'
2on%ey: no he did not(
!tate: #hat #as <r( Coughlin's general demeanor or le&el of cooperati&e #itness #ith you during
this in&estigation'
2on%ey he #as confrontational
state o%ay( 2id you ad&ise <r( Coughlin that you #ere conducting an in&estigation into a possible
theft of a phone'
2on%ey's yes
state: at any time did he in fact tell you that he had someone else's gun
don%ey no
state: #hat happened at that point'
2on%ey <r( Coughlin according to <i%e training and e4perience #hen someone is uncooperati&e
or confrontational #hen spea%ing #ith them there is a possibility that &erbal on cooperation could
turn into physical alteration or physical on cooperation
-eslie and good ob$ect lac% of foundation
state he said based upon his training e4perience ) thin% it's all the foundation needs
-eslie that the conclusory statement ) don't thin% any foundations been laid for him
$udge you mean in terms of any specific training
-eslie all he said is based upon my training people don't cooperate your ans#er 7uestions could
be dangerous there's no foundation for that conclusion he said it but that doesn't mean there's
any foundation as
$udge ) #ill sustain it #ithout more as to #hat specific training #as it he learned that
state sure o%ay and so in additional to that )'ll as% you about #hat training you learn that in it there
is also been prior instances in your e4perience #here noncooperation or confrontation on the
front and has turned and him is entered as #eapons
him rele&ance
state <r( -eslie once %no#n foundation is because foundation
-eslie is different 7uestion
$udge as ) understand it also sustains the second rele&ancy ob$ection but as to the first ) thin% if
there #as cific any had then it #ould pro&ide the foundation
state o%ay officers there is anything specific
tal%ing a specific class but it #ould'&e been through the time ) spent #ith the training officer #here
they ha&e to ta%e someone #ho basically has gone through life #ondering to trust people and
learn us or teachers had it be more s%eptical to %eep us another safe
$udge ) #ill allo# the testimony that #as pre&iously ob$ected to
say than% you and so in addition to your basically training and e4perience can you go ahead and
finish your pre&ious testimony'
8al%ing #hile based on <r( Coughlin's demeanor he #as also #earing close #hich #ere loose
enough to conceal a #eapon ) completed a patdo#n search for #eapons on <r( Coughlin
state o%ay this #as $ust shy of midnight correct
don%ey yes
state tinues e4plained #hat the lighting #as li%e at that specific location
don%ey the lighting #as #hat there's a lot of lighting there many streetlights
state ho# many people #ere on scene #hen you arri&e their ballpar%
don%ey bet#een eight and 12
!tate that includes <r( Coughlin
don%ey yes
state and specifically you #ere tal%ing about #hat dispatch had ad&ised and ) may ha&e missed it
but #hy #ere you responding to this area per dispatch
don%ey at first they said it might be a disturbance possibly a fight and then they gi&e us updated
information that a larceny had possibly occurred(
state o%ay and so first call that came in ad&ised that it #as possibly a fight'
2on%ey: yes
11:3F:F A<
*Here's a transcript of the 911 call by Cory Goble made August 20, 2011 at 11:22:0 pm:
911 dispatcher !cott "eese: 911 #hat is your emergency
Goble: hi this guy $ust told my phone he's right here he's li%e getting super aggressi&e #e are
do#nto#n right by the ice rin% and #e ha&e been standing here he's not gi&ing it bac%
"eese o%ay so someone stole your cell phone'
Goble yes he is right here and he #ill not gi&e it bac% to us this is gi&en as a bunch of trouble
"eese ho# did he end up #ith your cell phone'
Goble: and he's trying to get a#ay, no that's it, and he's trying to get a#ay too(
"eese: ho# did he end up #ith your cell phone'
Goble: my phone #as sitting on the on the ledge and ) #as s%ateboarding and stuff and he $ust
pic%ed it up e&eryone sa# him pic%ing up #e $ust called it #e are *the call records indicate a call
#as made to the i+hone at 11:21 pm, so, e&en if it did light up, Goble is again lying to the 911
operator by alleging #as presently seeing it light up during the call, seeing it light up in his poc%et
and he #ill gi&e it bac%
Austin -ichty in the bac%ground: gi&en the fuc%ing phone bac% is that your dog
Coughlin in the bac%ground: you $ust assaulted me.
/0C guy is that your dog' ) touch your bi%e
Coughlin yes that is called assault
/0C guy it's on the side#al%
Goble can you send someone do#n here'
"eese o%ay #ere getting information #hat is the race of the suspect #hite blac% or Asian'
Goble he is #hy him he has a red Chicago hat on #e are at first reading center and he is trying to
get a#ay from us to
"eese are you a 0irst and Center or 0irst and 1irginia'
Goble first in center for cop comes right no# #e #ill #ai&e him do#n( 2ude, $ust gi&e me my
phone( )t is in his poc%et $ust get it out(( )'m about to grab it out of his poc%et(
"eese: about ho# old is the suspect'
Goble #hat's that' ) am tal%ing to the cops right no#(
"eese about ho# old is the suspect'
Goble ) dont %no# about 3(
"eese that ho# tall is he
Goble he's li%e maybe about si4 to ) don't %no#
"eese about ho# much does he #eigh appro4imately
Goble: about 210
"eese: #hat color hair does he ha&e
Goble 5ro#n
"eese: does he ha&e any facial hair
Goble no
"eese: #hat color shirt does he ha&e on'
*1:60 mar% on 911 call,
Austin Lichty: give us the phone faggot.
Goble's li%e #hite or yello# ) can tell right no# #e ha&e them right here
"eese #hat color pants does he ha&e on
Goble plaid shorts
"eese does anybody ha&e any #eapons
Goble no ) don't thin% so he $ust has a bi%e #ith a chain on it(
Austin -ichty: the chain bro%e
"eese he has a pipe #ith a chain on it'
Goble %no# he's got a bi%e #ith the chain and he's $ust getting super aggressi&e #ith as he
grabbed my phone and he's right here and he #ill not gi&e it bac% to us( 2ude $ust grab my phone
) s#ear it's right there in his poc%et, dude(
* at the 2:19 mar% of the audio for this 911 call,
Coughlin: if you reach into my pocket I guarantee you I will sue you
Goble give me my phone back what is the big deal
Coughlin son son don't put your phone down on the ground
Goble: I'm not your son
Coughlin: and then skateboard a mile away him
Goble: you are !ust admitting you stole it" #screaming$ I was right here my fucking %eep
was right here my %eep is right there give me my phone back" Give me my phone back"
"eese: #hat's your last name' (((("hat's your last name'
#e s#itch her last name
*Coughlin can hardly be said to be attempting to hide anything from Goble gi&en the e4change
abo&e #herein Coughlin broaches the possibility that Goble may ha&e said his phone do#n and
abandoned or mislaid it and therefore e&en though the larcenous intent must be concomitant #ith
the finding or recei&ing or the initial possessing of any such property and e&en though any
subse7uently e&ol&e larcenous intent is rele&ant Coughlin statements in this 911 call for the
repeal a lac% of an intent to mislead or decei&e or other#ise e&ents of larcenous moti&e to#ards
Goble or anyone else( 8here could be a great deal reasons #hy one may not #eigh their fourth
amendment rights that do not in&ol&e the larcenous intent( )ndeed $ust ta%ing a 7uic% loo% at the
police misconduct and prosecutorial retaliation that has occurred in this case pro&ide all the
reasoning one #ould e&er need to refuse to #ai&e their fourth amendment or fit,(
11:3F:9 A<
state: and then you stated you did a patdo#n search can you describe #hat that is and specific to
<r( Coughlin ho# you conducted that him(
don%ey: for a patdo#n search and #e are basically chec%ing someone's person to ma%e sure that
no #eapons are concealed in their clothing ) don't recall ho# e4actly ) #ent through the #hole
search but they teach as to methodically chec% o&erlapping areas so #e don't miss anything )
recall ) chec%ed <r( Coughlin's right side he had a phone in his front shorts poc%et
-eslie and an ob$ect to testimony that if had a phone ) thin% the officer is trying improper
conclusion
$udge all sustained the ob$ection you can describe #hat you felt
don%ey ) felt an ob$ect that ) belie&e to be a phone
-eslie ) ob$ect again he can describe #hat he felt but not his conclusions
$udge ) #as sustained the ob$ection agains( !ir, and you can describe #hat you felt in minute
they tell if you #ish to but your conclusion at this point the ob$ection to it #ill be sustained
tal%ing ) don't recall him minute detail outside of my conclusion
state o%ay that's o%ay
$udge to recall the shape
don%ey no ) can't say that ) do
state to recall #hile you are conducting this patdo#n #hat if anything <r( Coughlin said of or
yelled'
11:60:06 am
*Here again -eslie failed to ob$ect to 22A young leading the #itness #ith 7uestions here young is
clearly see%ing to elicit testimony from don%ey to the effect that Coughlin #as yelling and
therefore noncompliant and therefore uncooperati&e and therefore patdo#n #as $ustified in light
of Coughlin's purported demeanor,(
2on%ey as ) #as continuing #ith the patdo#n and ) got to <r( Coughlin's left front shorts poc%et
he began yelling something along the lines of ) #as inappropriately touching his penis
state #here you
don%ey: no
state: at this point time up to the point you testified no# at anytime did you reach her hand and
poc%ets of <r( Coughlin
don%ey no
stay and ) should as% this to the shorts ha&e poc%ets
don%ey yes
state and and you are describing %ind of a search for #eapons
don%ey yes
state you are familiar #ith the search incident to arrest
don%ey yes
state #hich is a thorough search
don%ey yes
state your patdo#n searches you described it ho# intrusi&e is that compared a search #ithin it
arrest
don%ey a search incident to arrest #hom #e #ould put our hands summons poc%ets ta%e all the
items out basically #e are loo%ing for any contraband or illegal items do#n to in the past ha&e
had searches #eren't located a grain of methamphetamine that #eighed a 100th of a gram
11:61:30 am
state o%ay and that's #hat you tal%ed about in a certain incidents in to arrest
don%ey yes
state: and #hat )'m trying to ascertain is $ust ho# intrusi&e as compared to one of those searches
incident to arrest #as your patdo#n search of <r( Coughlin'
2on%ey: ) #ould say not intrusi&e
state and #hy can you e4plain e4actly #hat it is ) %no# you said you're searching for #eapons but
#hat specifically are you doing
don%ey #e touched the outside of the clothing
11:62:1 am((((
*-eslie further completely failed to preser&e for appeal arguments related to the e4tent to #hich
the search incident to arrest done in this case e4ceeded the scope allo#able under the la#: he
search incident to arrest doctrine is another e4ception to the general re7uirement that police
obtain a #arrant before conducting a search( 8he purpose of this e4ception is to protect the
officer by locating and seiAing any #eapons the person has and to pre&ent the destruction of any
e&idence on the person( 8hus, if an arrest is &alid, officers may conduct a #arrantless search of
the arrestee and the area and ob$ects in close pro4imity G i(e( the Hgrab areaI G at about the
same time as the arrest(
8here arenJt many cases considering #hether officers can search the data stored on phones *or
laptops, as a search incident to arrest, and the rulings #e ha&e go both #ays( Gi&en the rationale
behind the search incident to arrest e4ception, courts ha&e generally loo%ed to the &olatility of the
data to see #hether thereJs a threat of spoliation of e&idence, #hich is clearly not an issue #ith
the i+hone location log #hich stores information for a year( Ho#e&er, the most recent case on the
issue, from the California !upreme Court earlier this year, too% a different approach( 8hat Court
ruled in +eople &( 2iaA that police didnJt need any e4igency to search te4t messages incident to
arrest because searching data on the phone is the same as searching the arrested person and
thus the 0ourth Amendment doesnJt re7uire a threat to officer safety or of e&idence destruction(
*8hat ruling #ill probably be appealed to the federal courts(0inally, e&en #here police are getting
#arrants for cell phone and computer searches, are they are telling the Courts about the %ind of
data thatJs a&ailable' Cnce agents ha&e a #arrant, do they refrain from loo%ing to see #here the
suspect has been fi that information is not rele&ant to the in&estigation of the crime at issue',(
11:62:3 am
!tate: o%ay during the search you feel any #eapons
don%ey no
state: did you reach into <r( Coughlin's poc%ets during a time at this point
doc%et no
!tate: #hat happened after your patdown search
11:69:2 am
don%ey <r( Coughlin began to yell that ) #as inappropriately touching him #as becoming more
uncooperati&e I placed them in handcuffs
state and then #hat happened'
don%ey from there the oth him er officers had arri&ed <r( Coughlin #as left #ith((( "ell, #hen ) got
his left front poc%et, if I can step back, ) felt an ob$ect appro4imately 6 inches long 3 inches #ide
and probably about a half?inch thic% *11:63:32 am, that #as consistent #ith a phone(
state again that #as #hen you got to the left front poc%et of his shorts'
2on%ey yes( Him
*0irst off, 2on%ey $ust admitted that he conducted in finish the patdo#n search before Coughlin
e&en did that #hich 22A young into 9oldan are pinning their hopes of a finding of noncompliance
beha&ior demeanor by Coughlin upon )D2 purported yelling about officer don%ey touching
Coughlin's penis( !o the patdo#n occurred before Coughlin allegedly yelled about don%ey
touching his penis( !o #hat is that lea&e the state #ith t#o support an allegation that Coughlin's
demeanor or lac% of cooperation supported the patdo#n from #hich necessarily all the facts
underpinning officer to 9a#ls probable cause finding for the subse7uent !eda are intimately enter
t#ined and cannot be e4tricated' 8he state is left only #ith Coughlin's !ocratic 7uestioning of
officer to don%ey upon his arri&ing #earing Coughlin politely as%s #hether or not the officer has
enough information to support a 8erry stop( 22A young couldn't cut it in a ci&il la# practice
en&ironment #ith this sloppy e4ecution he scre#ed up the biggest moment of the trial and its
consistent #ith ho# 22A young his practice throughout this matter as though he is reading a
cross#ord puAAle and barely paying attention and( =oung has been made laAy by the net he is
allo#ed to play #ith should he fall off the high trapeAe, especially #here solo pri&ate practice
attorney such as Coughlin are afforded no such safety net 22A young #ould not last second in
pri&ate practice( His #hining and that of his fello# go&ernment attorney -eslie throughout these
proceedings has been nauseating -eslie moans to the $udge about the constraints the $udge
putting on his #or% in house #as built to practice this and that, and young bags the $udge not
allo# Coughlin to represent himself and their in sub$ect young system actual real competition
rather than the "ashington Generals approach *the team the Globetrotters used to trot out and
beat e&ery single game, or B"ee%end at 5ernie'sB stylings of the "ashoe County +ublic
defenders office courtesy of @im -eslie( 8here are no attorneys embarrassing the 5ar more then
these public defenders and district attorneys running these chop shops( "ell #ait a second to be
fair bar counsel li%e +atric% C( King are gi&ing them a real run for their money in that regard( 22A
young and officer don%ey can sit and practice it and coach them up all they #ant but they couldn't
get it right come trial by officer don%ey #as most indicate that he felt something he belie&ed to be
the phone during the patdo#n search him before he'd had determined that Coughlin did not
possess any #eapons or pose a threat ho#e&er 22A young and officer don%ey $ust didn't
practice enough and they scre#ed it up a trial and they're stuc% #ith that because clearly #hat
happened and #as committed to the record at 11:69:2 am him re&eals that officer don%ey did
not ma%e note of our mention of any such phone or any o&erly specific recited from Google rope
memory dimensions of an i+hone being in coffins *short poc%et prior to the and of the patdo#n
search #here and Coughlin #as left #ith the other t#o officers into 2on%ey #ent to as% 7uestions
of Goble(
B!tate: #hat happened after your patdown search
11:69:2 am
don%ey <r( Coughlin began to yell that ) #as inappropriately testing his penis as he #as
becoming more uncooperati&e ) placed them in handcuffs
state and then #hat happened
don%ey from their other officers had arri&ed <r( Coughlin #as left #ith((( "ell, #hen ) got his left
front poc%et, if I can step back, ) felt an ob$ect appro4imately 6 inches long 3 inches #ide and
probably about a half?inch thic% *11:63:32 am, that #as consistent #ith a phone
state again that #as #hen you got to the left front poc%et of his shorts'B
2uralde clearly made a mista%e or 0reudian slip there in that he began to indicate that his
patdo#n search #as o&er and <r( Coughlin #as left #ith the other officers 9osa and Ala%sa and
that at that point the role the had either not felt an ob$ect that he belie&ed to be a phone *and its
curious that 2uralde has these super technical specification memories of an ob$ect in the left front
shorts poc%et yet can't remember much of anything about the ob$ect in the right front shorts
poc%et especially #here the &ideo of the arrest clearly re&eals that this s%ateboarder you said yet
to indicate #hich poc%et they felt the phone #as then and none of the 911 tapes so re&eal such
information( )t is clear that 2uralde had completed his patdo#n and had determined that Coughlin
did not pose a threat nor did Coughlin ha&e any #eapons and further that don%ey did not at that
point upon the completion of the patdo#n ha&e any particulariAed suspicion #ith regard to
Coughlin slept front poc%et( )t is especially curious that don%ey's narrati&e #herein all the penis
touching accusations only first appear con&eniently attempt to tie the penis touching to some
alleged screaming or yelling by Coughlin about such touching and #hile had Coughlin been
yelling it might help the states case #ith respect to establishing that Coughlin had a demeanor
that might reasonably yield suspicions to buttress the patdo#n search the &ideo the rest clearly
does not re&eal any such yelling by Coughlin there is ho#e&er the sound of a #aistband snapping
upon Coughlin telling officer dra# buddies a la#yer Coughlin maintains that that sound of the
#aistband #as his o#n #aistband snapping against his s%in upon don%ey 7uic%ly #ithdra#ing his
hand from #here #as touching Coughlin's penis Coughlin had gained a lot of #eight in the
preceding months to that arrested cut his under#ear #aistband to accommodate his #eight gain
and belie&es that officer dra#led did not mean to touch his penis but that it did happen li%ely as a
result of Coughlin cutting notches and #as under#ear's #aistband icon of the #eight gain
associated #ith the emotional toll incident to the ending of a foreign half?year domestic
partnership $ust t#o months prior to this arrest( 8hat is clear from don%eys trial testimony( )t is
sic%ening the e4tent to #hich officer don%ey and 22A young are #illing to commit a fraud upon
the court an ruin, or attempt to ruin, an attorney's life> they both should be punished for this,(
11:63:E am
state o%ay go on
don%ey: !o, then, <r( Coughlin #as left #ith the other officers on the scene and I made contact
with the victim(
*8herein officer don%ey admits that he only first made contact #ith them, Cory Goble after the
patdo#n search thereby lea&ing officer dra#led stuc% #ith #hat the &ideo and audio to arrest
appeal that only statements such as :athaniel Larate's brief ) sa# #hat happened, and are
&aluable to officer don%ey to buttress his assertions &is?M?&is the patdo#n reasonable suspicion
therefore and assertions of interest in the probable cause re7uired to support it(,
!tate: do you recall the &ictims name'
don%ey ) recall his lasting, Larate
state o%ay
don%ey ) as%ed him #hat occurred((( )n summary he told me that his phone and been ta%en(((
-eslie: ob$ection hearsay
11:66:32 am
state: it's not hearsay because it goes in effect on the hearer #ith respect to this motion to
suppress(
@udge: )'ll o&errule this ob$ection it's not admitted for purposes of pro&ing the truth of the matter
asserted
-eslie =our Honor and also the $ury based on rele&ance attac%ing the patdo#n this is not
germane to the patdo#n this is broader in&estigations is not rele&ant
$udge see her ob$ecting that there #as a patdo#n
-eslie #e are attac%ing in her motion to suppress the &alidity of the patdo#n search this testimony
no# about his discussions #ith #itnesses part of his broader in&estigation #hich is not rele&ant
as to #hether or not he #as $ustified in patting do#n Coughlin at an earlier stage
$udge ) agree #ith that but the patdo#n did not result in a search if ) understood it correctly
*22A young demonstrates another instance of his e4treme lac% of candor to the tribunal here
#here he argues for hearsay e4ception and mentioned specifically that it's sought only in this
motion to suppress hearing only to go on sic% to copy and paste such testimony and e&idence
during the trial for the purpose of pro&ing the truth of the matter asserted( 22A =oung is a croo%
plain and simple( He is :e&ada's :orman :ifong( :e&ermind the fact that the alleged &ictim here
is actually Goble, not Larate(((22A young did this continually throughout the motion to suppress
and into the trial he #ould attempt to 2ragon testimony from the motion to suppress hearing into
the trial #here pre&iously he had argued that such testimony should be allo#ed only during the
motion to suppress hearing in light of the fact that it #as $ust the motion suppress hearing and not
the trial itself( Cnce the trial began of course G2) 22A young been sought to ha&e e&erything that
#as testified to in the motion to suppress hearing copied in case of gender the trial despite his
earlier contentions that such testimony #as allo#able in light of its limited purpose #ithin the
conte4t of only the motion to suppress heari tech ng(,(
As a general rule, the courts ha&e held that a police officer may Btestify about statements made
by others, such as &ictims or #itnesses, #hen such testimony is not offered to pro&e the truth of
the matter asserted, but is instead used to sho# the in&estigati&e steps ta%en by the officer
leading to the defendant's arrest(B +eople &( +ulliam, 1FE )ll(2d 2E1, 2F6 *199F,(

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

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

)llinois, of course, is not alone in e4periencing these problems( @udge Charles <oylan memorably
described the prosecution's belief that it al#ays had the right to tell the $ury e&ery detail that
occurred in the course of a criminal in&estigation as nothing more than an old #i&es' tale(

He #ent on to succinctly refute the idea that e&ery e&ent in the course of a criminal in&estigation
must necessarily be rele&ant and admissible e&idence( :9! 1(03 defines hearsay as Ha
statement offered in e&idence to pro&e the truth of the matter asserted(I N:9! 1(06 defines a
statement as an Horal or #ritten assertion> Oor PnQon&erbal conduct of a person, if it is intended by
him as an assertion(I
2efense attorneys need to ha&e @ura and Lemo ready to use #hen police testimony crosses
o&er into pre$udicial hearsay( -eslie failed to do this at the Hearing on the <otion to !uppress,
then, amaAingly, failed to ob$ect to =oung's attempt to con&ice the court to allo# him to copy and
paste all the hearsay testimony by Cfficer 2uralde at that Hearing into the 8rial( 9amireA &(
!tate, 116 :e&( 0, F?;, 9; +(2d F26, F29 *199;,( <alpractice, #hich, #hen #hen coupled
#ith -eslie's other beha&e here incident to his representation Coughlin clearly re&eals a pattern
misconduct of the professional &ariety #ord him of at least him and him 2 days in $ail censure
the contempt and li%ely and !tate 5ar of :e&ada complaint against him( @udges in this
$urisdiction #ill #ant to be especially careful before e&er endorsing @im -eslie so thoroughly as
@udge !ferraAAa did in this matter in his repeated in coerci&e remonstrances to Coughlin
throughout the trial hearing on the motion to suppress #hich contains se&eral aside by -eslie to
Coughlin in #hich -eslie told Coughlin @udge !ferraAAa #ould thro# him in $ail for contempt if
Coughlin didn't beha&e more in a manner in line #ith #hat -eslie #ish to see out of Coughlin, ie,
not 7uestioning any of -eslie's decisions or as%ing too many 7uestions and general or other#ise
see%ing to ha&e the guarantees of the !i4th Amendment realiAed( 9amireA &( !tate, 116 :e&(
0, F?;, 9; +(2d F26, F29 *199;,(
11:66:32 am
state: it's not hearsay because it goes in effect on the hearer #ith respect to this motion to
suppress(
@udge: )'ll o&errule this ob$ection it's not admitted for purposes of pro&ing the truth of the matter
asserted
-eslie =our Honor and also the $ury based on rele&ance attac%ing the patdo#n this is not
germane to the patdo#n this is broader in&estigations is not rele&ant
$udge see her ob$ecting that there #as a patdo#n
-eslie: #e are attac%ing in our motion to suppress the & alidity of the pat down search this
testimony no# about his discussions #ith #itnesses part of his broader in&estigation #hich is not
rele&ant as to #hether or not he #as $ustified in patting do#n Coughlin at an earlier stage
$udge ) agree #ith that, but the pat do#n did not result in a search if ) understood it correctly
11:6:26 am
-eslie: ) ha&e stated my ob$ection,
*8herein abo&e -eslie demonstrates his profoundly shallo# grasp of the sub$ect matter place in all
his or rather Coughlin's eggs into one bas%et and that he is only attac%ing the patdo#n search in
-eslie's mind rather than ta%ing a multi pronged approach #here should the patdo#n search be
thro#n out -eslie #ould still be prepared to rebut the state's contention that probable cause
e4isted conduct a search incident to arrest further -eslie clearly had no authority legal or
other#ise ready to support any argument he may ma%e that information gleaned from the
patdo#n is necessarily intert#ined #ith the probable cause analysis and that there #as no
ine&itable disco&ery to be made gi&en that a crime had not been committed the elements of any
suggested crimes clearly #ere not supported by articulable facts and officer don%eys $ust plain
$ump the gun in our hurry to sho# up the attorney in front of the teenagers and only later after the
fact fraudulently attempted to piece together some sort prete4tual bases for his actions and to
support his specious probable cause or reasonable suspicion contention failing to mention his
retaliatory BHo#'s that'B commentary or that of his partner Cfficer 9osa but perhaps most
disgusting of all is -eslie's flippant insulin commentary to $udge !ferraAAa that he had stated his
ob$ection upon $udge !ferraAAa seemingly attempted to point out to -eslie that the patdo#n
search and the &alidity thereof #as not the only hurdle this criminal defendant might face and that
the sufficiency of the probable cause analysis in connection #ith a search incident to arrest #as
also necessarily going to be a banner of contentious debate hearing that is if @im -eslie could be
bothered to respond to $udge !ferraAAa's prompting #hich clearly he could not rather @im -eslie
indicated that he had stated his ob$ection and offer no more ad&ocacy in that regard(,
!tate: =our Honor the motion to suppress also attac%s the +lain 0eel doctrine tal%ing about the
reaching in to the phone this goes directly to that part of the motion to suppress
$udge: 8he reaching into the phone #as subse7uent to the pat do#n, #asn't it' ) mean it #as not
a part of the pat do#n, correct'
state: #ell that's #hat )'m attempting to sho# to the court heard testimony
$udge I am good overrule the ob!ection because I'm not clear that I understand the facts of
this case
&&:'(:() am
*!ince #hen is a trier of facts desire to Bunderstand the facts of this caseB a rationale for &itiating
all the e&identiary area protections afforded criminal defendants such as rele&ancy and hearsay
ob$ections',
(((11:6E:69 am
state it #as actually t#o indi&iduals that you spo%e #ith correct(
don%ey yes
state again at this $uncture the alleged &ictim #ho #as that
don%eys Cory Goble
state and then there #as another indi&idual you spo%e #ith #ho is that
don%ey his name is lasting #as Larate
11:6F:01 am
state #hen spea%ing #ith <r( Goble #hat #asn't that <r( Goble ad&ised you'
2on%ey he ad&ise me that his phone had been ta%en( A friend had seen it being ta%en and
pointed the person out #ho had the phone to him((( He confronted the sub$ect that he identified as
<r( Coughlin and as%ed for his phone bac%,,, he #as told by <r( Coughlin that he didn't ha&e a
phone so he called the phone and #hen he dialed his phone number he sa# the phone's
screen(((
-eslie: ) ob$ect again ) ob$ect on hearsay
$udge so ruled again
-eslie #on't %eep doing e&ery time
$udge ) understand ) thin% it goes to the officer's +C possibly the arrest or #hate&er happened
#hich ) don't %no# at this point
-eslie #hy don't ) stated this #ay may ) ha&e a continuing ob$ection the motion to suppress testify
as to #hat #itnesses told him the officer #ho
$udge absolutely
-eslie thin% =our Honor
$udge maybe at some point of the ob$ection #ould be sustained to that's my only concern but at
this point )'m good o&errule the ob$ection because ) don't li&e is offered for the truth of the
testimony
state thin% you
*Cfficer 2on%ey's testimony here as to the hearsay he #as told by Goble differs from both Goble
and Larate's account there is ne&er been one clear consistent narrati&e as to #ho made the
phone call to the phone Goble purported to be his good form Goble that the phone #as missing
#ho actually sa# Coughlin allegedly recei&ed the phone #ho #as there to see the phone line of
#ho made the call to the phone that made it light up and to be clear throughout all this time there
is ne&er been any indication that the phone lit up more than one time in response to one phone
call( Ho#e&er the call records that Coughlin finally managed to coerce the public defender's office
into subpoenaing demonstrate that goals phone had an incoming call at 11:21 +< and 11:2E +<
and they Goble's first 911 call occurred at 1122( 8his is strange in that Larate #ent on to testify
later in the day on August 29, 2012 during the trial, because -eslie refused to call him during a
motion to suppress, that he called his friend Cory's phone shortly after the man #ith a si4pac%
held it aloft for the purpose going to Larate of determining #hether or not it #as one of his friends
found that #as missing from being held aloft( And #hile Larate inmate city #as on the other end
of his closet he also at that time he also #ent on to testify that he #as able to personally ) #itness
the phone might not go off so gorgeous some testimony its goal ma%ing that call 1121 to Goble
actually said he #as seen it light up 11(2 on the 911 call and then depending upon #hich &ersion
you read from Larate either or Larate could remember #ho made the call for /0C guy told Cory
Goebel about it or Larate told Cory Goebel but his phone and nobody can seem to illustrate story
at all Larate made the call 1121, and perhaps that is because the straight story #ould ma%e go
#ill loo% a bit negligent and careless perhaps to the e4tent that he #ould be deemed to ha&e
abandoned his i+hone by setting the do#n the concrete i(e( not on a ledge as allegedly imply
some more care or some intent to place it some#here other than in the most random danger spot
to lea&e a smart phone i(e( on the concrete the s%ate +laAa near midnight in do#nto#n 9eno
during a period of 1R on employment the last four years and then to #al% off across the s%ate
+ar% all the #ay to the other side of it to s%ateboard in our hangout #ith friends and or do
something else in one's @eep(,(
11:6;:62 pm
state officer you are stating that <r( Goble ad&ised you that(((he(((#hen he(((sssss((uh(( from
someone's phone his number #as called and ) belie&e #hen your testimony ended for the
ob$ection he's screen light up that Greg
tal%ie yes
state to tell you #here he sa# the screen light up
don%ey he said he sa# the screen light in <r( Coughlin's left short poc%et
*8here abo&e 22A young re&eals his understanding of the e4tent to #hich the stories of Goble
and Larate in the state and Cfc( don%ey are so clearly conflicting and flimsy and young trips o&er
the point at #hich he needs to assign a pronoun #ere specifically identify #ho made that call at
11:21 +< and 22A young manages to fumble is #ay throughout actually demonstrating any
candidate to the court in that regard i(e( not re&ealing behind this curtain of hearsay testimony
that is being offered to pro&e the truth of the matter certain $ust #ho or #hat #as doing #hat in
that hearsay testimony( 8his trial became ridiculous #ith all the different layers of smo%e and
shado#s being thro#n at the truth complemented by -eslie's fraudulent abuse of the si4th
amendment and 22A young professional misconduct in pursuing charges not based or supported
by probable cause and #here he failed to sufficiently identify the particulariAed &ersion of facts
supporting each element of the charges in his complaint( 0urther Cfc( don%ey really ha&e a lot of
gall here to come into court and under of testify that Cory Goble said he sa# the phone might
ha&e been <r( Coughlin's *short poc%et and failed to re&eal #hat he has to %no# by this point is
captured on &ideo and audio i(e( the arrest and the commentary one can clearly hear in the
bac%ground e&en #here one can't hear any &ibrating i+hone, that Cory Goebel could be heard
telling Cfc( don%ey something to the effect and maybe Coughlin Bs#itched the phone to the right if
it's not in there thenB( 9egardless it's pretty implausible for officer to 9aleigh to assert that he has
no recollection of the shaper dimensions of the ob$ect recall right front poc%et yet $ust so happen
to remember the length #idth and height in inches commiserate #ith a Google search of an
i+hone specifications #ith regard to his recollections of #hat he felt and Coughlin left front shorts
poc%et,(
11:69:09 pm
!tate: at that point, as part of your in&estigation, again I'm not having you get into details but
did you didn't spea% to <r( Larate
state yes
*8herein 22A young is doing another one of his patented tric%s #here he is trying to slice e&ery
ounce of rights out of this process that any criminal defendant might ha&e in their 22A =oung
continues to see% to elicit testimony offered to pro&e( 8he matter asserted #hich is clearly
inadmissible hearsay under 9amireA &( !tate, etc( #hen 22A young says )'m not ha&ing you get
into details #hat is really sayin that he's trying to strip as many rights a#ay from a criminal
defendant as possible #hile listening hearsay testimony offered for the purpose of pro&ing the
truth of the matter asserted #as also see%ing to a&oid the introduction into the record of any
e4culpatory material #hich by the #ay 22A young is re7uired to sell introduce, or at least
propound( 22A young is fond of saying he does things to B%eep the record cleanB and here
#hen he and his ma%e sure to issue the copy out that )'m not ha&ing you get into details #hat is
trying to do is pre&ent this clearly impermissible introduction of hearsay testimony into the record
#eather here as 22A young says solely for the motion to suppress hearing or later #here 22A
young unabashedly see%s to copy and paste it into the trials record( Ho#e&er 22A young got all
that he needed and right here e&en though he had use inadmissible hearsay to do it so his
mincing attempts later to claim that she didn't ha&e any of these #itnesses gi&ing details #ill be
una&ailing particularly #here 22A young sought to ha&e been a&oid getting into any details to the
e4tent that any of the is details necessarily #ere terrible for the stage case and e4culpatory and
re&ealed the fraudulent acts of Larate Goebel and Cfc( don%ey,(
11:69:1F am
state to the obtain after spea%ing #ith <r( Goble's did you obtain <r( Goble cell phone number
don%ey yes
state and then did you call that number
don%ey yes
state and can you tell the court #hat happened'
2on%ey ) mo&e ne4t to <r( Coughlin ) doubt <r( Goble cell phone number ) could hear a &ibrating
noise consistent #ith a &ibrating cell phone #hen it's called ) then placed the bac% of my hand to
the outside of <r( Coughlin's left front shorts poc%et and felt presumably <r( Goble's phone that )
#as calling &ibrating in <r( Coughlin's left front shorts poc%et
state o%ay and did you ultimately terminate the call
don%ey yes
state and #hat happened #ith respect to the &ibration that she felt and heard
don%ey #hen ) ended the call from my phone the &ibration stop @uly date #ere you able to feel
that
don%ey yes
see #ere you li%e#ise able to feel that
tal%ing yes
stay in and at that point #here did you to
don%ey ha&e that going so ) ha&e probable cause that <r( Coughlin #as in possession <r( Goble
phone in <r( Coughlin #as placed in handcuffs and searched incident to arrest
state #ell ) mean placed in handcuffs to arrest <r( Coughlin at the time'
!tate actually he was already in handcuffs of the time he was placed under arrest.
state o%ay, and perhaps thats a better 7uestion(((( !o you are arresting him at that point
don%ey yes
state at #hat point #as he placed in handcuffs
don%ey He arrest them at that point
don%ey he #as placed in handcuffs at the point #hen he indicated that ) #as inappropriately
touching him(
11:1:1F am
state o%ay at the point that you placed <r( Coughlin under arrest as you $ust referred to at any
time prior had you put your hand inside <r( Coughlin's poc%ets'
2on%ey no
state o%ay at that point is
don%ey yes
state #hy
don%ey to retrie&e the phone along #ith completing the search incident to arrest
state o%ay as her protocol a surety testified to
state yes
11:1:6 am((((
11:2:20 am
state this phone that you are co&ered for <r( Coughlin's poc%et did you confirm that #as <r(
Goble's phone
don't yes
state and ho# did you do that
don%ey ) recall <r( Goble describing
-eslie: ) am going to ob$ect again as the court indicated that some ob$ections may be &alid at this
point the testimony is that the defendant has been placed under arrest and search incident to
arrest ob$ect any further hearsay testimony
state that's fine( Him him him him
$udge ) #ill sustain the ob$ection
*"hat is curious #ith regard to the abo&e e4changes that @im -eslie is doing yet another thing
#hich appears to be protecting the 9eno +2 and the 2istrict Attorney's Cffice #hile currying fa&or
for the #ash cycle fenders office not he's $umping in to pre&ent officer to 9aleigh from re&ealing
the e4tent to #hich may ha&e &iolated the fourth amendment and searching a smart phone
#ithout a #arrant(
Courts 2isallo#ing !mart?phone !earches )ncident to Arrest )n 2009, the !upreme Court
of Chio issued the most clear?cut case holding that a search of a smartphone incident to an arrest
is unreasonable under the 0ourth Amendment(3 )n !tate &( !mith, the court held that because a
smart?phone allo#s for high?speed )nternet access and is capable of storing Htremendous
amounts of pri&ate data,I it is unli%e other containers for the purposes of 0ourth Amendment
analysis(3E 5ecause of the large amount of personal information in a modern cell phone, its user
has a high e4pectation of pri&acy in its contents> accordingly, HPoQnce the cell phone is in police
custody, the state has satisfied its immediate interest in collecting and preser&ing e&idence and ( (
( must then obtain a #arrant before intruding into the phoneJs contents(I3F A minority of other
courts has reached the same result(3; phone users #ill carry smartphones(29 8he /( !(
!upreme Court recently obser&ed: HCell phone and te4t message communications are so
per&asi&e that some persons may consider them to be essential means or necessary instruments
for self?e4pression, e&en self?identification(I30 )s it reasonable to allo# police officers to rummage
through a citiAenJs personal data simply because he has been arrested and happens to ha&e his
smartphone in his poc%et at the time of his arrest' 8he issue #ill face more and more courts( !o
far, cases ha&e come do#n on both sides( Applying AriAona &( Gant to !martphone !earches
Although a case in&ol&ing the search of a smartphone incident to an arrest has not yet made it to
the /( !( !upreme Court, it seems li%ely the Court might apply to such searches the same rule
recently articulated for searches of occupants of automobiles incident to an arrest(39 +rior to
2009, the /( !( !upreme Court, in :e# =or% &( 5elton,60 dre# a Hbright?lineI around the interior
compartment of a car, holding that if an occupant of a car #as arrested, the passenger
compartment of the car could be searched incident to that arrest, #hether or not the arrestee #as
still #ithin lunging distance of the car, and regardless of the type of crime for #hich the sub$ect
#as being arrested( )t #as a simple rule, easy to apply on the street and in the courtroom( )n
AriAona &( Gant,61 the Court rescinded that particular bright?line, holding that #hen an occupant
of an automobile has been arrested, his car cannot be searched if he is no longer in a position to
grab something in the car, #ith the only e4ception being that #hen officers ha&e reason to belie&e
that e&idence of the specific crime for #hich they arrested him might be in the car, they can
search it for e&idence related to the arrest( 8he Court in Gant e4plained its reasoning for scaling
bac% the scope of a search of a car incident to arrest: )t is particularly significant that 5elton
searches authoriAe police officers to search not $ust the passenger compartment but e&ery purse,
briefcase, or other container #ithin that space( A rule that gi&es police the po#er to conduct such
a search #hene&er an indi&idual is caught committing a traffic offense, #hen there is no basis for
belie&ing e&idence of the offense might be found in the &ehicle, creates a serious and recurring
threat to the pri&acy of countless indi&iduals(62 Certainly, the threat of police officers rummaging
through the contents of a cell phone belonging to a person #ho has merely committed a traffic
offense is $ust as serious a threat to pri&acy as rummaging through the contents of a car( 8he
Gant He&idence?related?tocrime?of?arrestI analysis pro&ides a #or%able frame#or% to apply to
searches of smartphones incident to arrest(63 /sing an ob$ecti&e standard, if the officers ha&e
reasonable grounds to suspect that e&idence of the crime for #hich they $ust arrested the
indi&idual might be in the phone, they could search it #ithout a #arrant( Cther#ise, the phoneJs
contents #ould be off limits unless a $udge found that probable cause e4isted for the issuance of
a search #arrant to e4amine the contents of the phone, or unless one of the other traditional
e4ceptions to the search #arrant re7uirement applied( Cther possible e4ceptions potentially
applicable to #arrantless searches of cell phones include e4igent circumstances,66 the
automobile e4ception,6 the in&entory e4ception,6E Hthe ine&itable?disco&ery doctrine,I6F plain
&ie#,6; and consent(69 3 !tate &( !mith, 920 :(D(2d 969 *Chio 2009,( 3E )d( at 96( 3F )d( at
9( 3; !ee note E( 39 !ee 5en D( !te#art, :ote, Cell +hone !earches )ncident to Arrest: A :e#
!tandard 5ased on AriAona &( Gant, 99 Ky( -(@( F9 *2011,> Gersho#itA, note 36 at 116> @ustin
<( "olcott, Comment, Are !martphones -i%e 60 S @ournal of the <)!!C/9) 5A9 0ootloc%ers or
Crumpled /p Cigarette +ac%ages' Applying the !earch )ncident to Arrest 2octrine to
!martphones in !outh Carolina Courts, E1 !(C( -( 9e&( ;63, ;E6 *2010,> <ar% -( <aya%is,
Comment, Cell +hone T A H"eaponI of <ass 2iscretion, 33 Campbell -( 9e&( 11, 1EF?1E;
*2010,> !mall#ood &( !tate, E1 !o(3d 66;, 6E2 *0la( 2ist( Ct( App( 2011,> /nited !tates &(
<cGhee, :o( ;:09C931, 2009 "- 2626106 *2( :eb( @uly 21, 2009,( 60 63 /(!( 66 *19;1,( 61
129 !( Ct( 1F10 *2009,( 62 Gant, 129 !( Ct( at 1F20( 63 !ee generally Knott, note 26 at 6E1?6;0(
66 !ee notes to E0 and accompanying te4t( 6 /nited !tates &( Cole, :o( 1:09?C9?612C2D?
9G1, 2010 "- 321102F *:(2( Ga( <ay 12, 2010,> /nited !tates &( @ames, :o( 1:0EC9136 C2+,
200; "- 192032 *D(2( <o( Apr( 29, 200;,> +eople &( :ottoli, 130 Cal( 9ptr( 3d ;;6 *Cal( Ct(
App( 2011,> Ha#%ins &( !tate, F06 !(D(2d ;;E *Ga( Ct( App( 2010,( 6E /nited !tates &( 0lores,
122 0(!upp(2d 691 *!(2( :(=( 2000, *in&entory of cell phone contents improper,( 6F /nited
!tates &( Chappell, :o( 09?139, 2010 "- 11316F6 at n( 12 *2( <inn( @an( 12, 2010,> /nited
!tates &( 0aller, E;1 0(!upp(2d 102; *D(2( <o( 2010,> /nited !tates &( !antillan, F1 0( !upp(2d
1093 *2( AriA( 200;,> /nited !tates &( <orales?CrtiA, 3FE 0(!upp(2d 1131 *2( :(<( 2006,( 6;
/nited !tates &( GomeA, :o( 11?20306C9, 2011 "- 3;610F1 *!(2( 0la( Aug( 31, 2011, *plain
&ie# applies to number on caller )2 of ringing phone,> /nited !tates &( 2a&is, F;F 0(!upp(2d
11E *2( Cr( 2011, *plain &ie# does not $ustify searching contents of cell phone,(
11:3:12 am
state final 7uestion officer #hen you stated that #hen you #ere dialing <r( Goebel's numbers as
someone pro&ided to you #hen you said that you touched <r( Coughlin in the left short poc%et
area to recall that testimony
2r( yes
state you describe out #as that you chose to
don%ey #ith the bac% of my hand against the outside of the shorts
state o%ay ha&e no further 7uestions =our Honor than% you officer
11:3:3E am
$udge o%ay ho# long #ill you cross' 5ecause normally #ould brea% by no# so
-eslie right ) anticipate that ) #ould not pay the lunch are by much
$udge #ho can a&oid it at all as% of a prior appointment $oy go for min( or bring a
-eslie ) #ould li%e to go as far as #e can
$udge alright #e #ill
-eslie officer dispatcher &irtually informed you that there #as a disturbance a possible fight
correct
tal% yes
-eslie enacted that you directed by dispatch that the mission that it #as a larceny correction
tal% yes
-eslie generally spea%ing a reporter to special larceny $ust not al#ays mean it #ill ans#er threats
in&ol&ed is that correct
don%ey that could be the case yes
-eslie &eneer right to use the pre&ie# large group of people some#here bet#een age 12 people
don%ey yes
-eslie most of them #ere younger but teenage and they #ere grouped around the man that she
identified us <r( Coughlin
tal% yes
-eslie <r( Coughlin #as seated on the ground
don%ey he #as seated on a Along the Ctr(, !treet bridge o&er the 8rinity 9i&erabout afoot ha&e 2
feet high soon along the rails #ere mostly and ho# ho# close to the group of youths'
2on%ey sitting ne4t to sourcing ne4t to monorail others #ere standing on the side#al%
most then understand ho# circle around him
don%ey yes
-eslie !ulu surrounded by appro4imately ; to 12 mid teen or young adults
tal% yes
(
the screen #hen you're right there is yelling going on
don%ey ) don't recall
-eslie did the use appear agitated effecti&e one for your to tell them to bac% off to you
don%ey yes
-eslie today appear as to that the man they identified <r( Coughlin
tal% yes #hen -eslie and they #ere surrounding him
tal% yes
-eslie and he #as a seated position many of them #ere standing position
sa%e ) recall <organ seated near that #ere standing that there #ere some that #ere standing yes
-eslie ho# close in pro4imity #here these years young adults to <r( Coughlin
ho# many feet from him ho# many inches
tal%ing the sub$ects that #ere sitting ne4t to him #ere ) #ould say more than E to 10 inches a#ay
those #ho #ere sitting right ne4t to
$udge o%ay sort of brea% this continued at 130 until possibly 630 and if #e need be #ill go beyond
that,(((
11:F:3 am !uppression Hearing ;S29S12
1:3E:2 pm continuation after lunch brea% of !uppression Hearing of ;S29S12
@udge o%ay #e #ill continue then #ith officer don%ey( Cfficer you are still under oath( =our
#itness, <r( -eslie
-eslie yes =our Honor officer don%ey did you ha&e any communication about the facts of this
case are your testimony #ith anyone'
don%ey no
-eslie and you did not do that #ith any of the #itnesses'
-eslie and you did not do that #ith #ith the 2A'
2on%ey no
-eslie ) belie&e #e bro%e for lunch #e established that #hen you arri&ed on the scene you sa# a
man that you identified as <r( Coughlin sitting on a railing in the seated position surrounded
byse&eral young people some sitting some standing some sitting so close si4 are true to choose
and that they #ere &isibly upset is that a fair summary of #hat you testified to as to #hat you
percei&e #hen you arri&ed on scene
don%ey yes
=eslie and so as !ouFre right there is it 1air to sa! that !ou included u"on seeing Bhat !ou descriAed that
Bhate;er e/change had Aeen going on AetBeen !ou said ?r. Coughlin had Aeen going on 1or some time
"ressure arri;al
donDe! !es
=eslie and !ou donFt DnoB hoB long a "erson. .or !our arri;al the situation !ou descriAed Aeen going on
donDe! !es
=eslie o1 the eight continues that !ou descriAed the a""ro/imate hoB man! Bere male and hoB man! Bere
1emale
donDe! 2 Bould guess 1rom m! recollection there Bere at least three 1emales there thatFs Aest recollection 2
can get
=eslie and set remainder o1 the * to (0 indi;iduals Bere maleN
DonDe!: 9es.
(:3*:+0 "m
=eslie and so Bhen !ou 1irst arri;es on the scene that !ou are talDing aAout ?r. Coughlin Bas Bearing
shorts
donDe! !es
=eslie not long "ants correct
donDe! !es
=eslie did he ha;e an! animals
donDe! !es headed dog
=eslie a small dog
donDe! !es
=eslie on a leash
donDe! 2 do recall Bhether or not it Bas on a leash
=eslie Bith the doctors Bhen a ;iciousness toBards indi;iduals are surrounded ?r. Coughlin
donDe! BarAera:
=eslie and ?r. Coughlin Bas Bearing a shirtN
donDe! !es
=eslie: Bas it a long>slee;ed shirt or short slee;e shirtN
donDe! 2 donFt recall.
(:4,:4* "m =eslie Bas collared shirt or more o1 a ->shirt st!led shirtN
donDe! ->shirt
=eslie "ocDets on the shirtN
=eslie did ?r. Coughlin an! Dind o1 Bea"on
donDe! no
=eslie to ?r. Coughlin ha;e an!thing in his hands that could reasonaAl! use as a Bea"on
donDe! all he had Bas a Aic!cle Aut it Bould Ae a stretch to deem that something that he could use as a
Bea"on and 2 did not reasonaAl! Aelie;ed that he could use the Aic!cle as a Bea"on.
=eslie i1 2 heard !ou correctl! direct testimon! he testi1ied that there Bas a numAer o1 streetlights in the
area so the direct lighting Bas reasonaAl! good correct
donDe! !es
=eslie: Bhen !ou 1irst had contact Bith ?r. Coughlin team .0 an! s"eci1ic 1acts not Cust !our e/"erience Aut
s"eci1ic 1acts aAout the scene there Bhen !ou 1irst had contact Bith ?r. Coughlin that made !ou thinD he
Bas going to 1leeN
DonDe! no
=eslie and in 1act i1 he had 1led and i1 he Banted to retain his Aic!cle and dog he BouldF;e 1led Bith them
"resumaAl!N
DonDe! 2 ha;e no idea.
=eslie 2 guess the "lan to maDe as he had Bith him a dog the Aic!cle Bhen !ou 1irst maDe contact Bith
donDe! !es
=eslie !ouF;e Aeen trained in tem"orar! detention o1 indi;iduals
donDe! !es
=eslie Bould Ae 1air to sa! Bhat once !ou "ut !our hands on a citiEen and !ou as an o11icer Bhich "ut !our
hands on a citiEen to conduct a $at and !ou are detaining them
donDe! !es
=eslie noB that he initiated contact Bitness called !our in uni1orm
donDe! !es
=eslie and !et Bea"on s"ell
donDe! !es
=eslie and !es side arm and Bea"ons Bill
talD !es
=eslie Bas that a $lain;ieB
donDe! !es
=eslie deri;ed a "olice car
talD !es
=eslie it Bas a "olice car "arDed Bithin a ;isiAle distance 1rom Bhere ?r. Coughlin Bas Bhen he Bas
sitting on the rail Bith the !ouths
donDe! !es
=eslie entering !our initial contact Bith ?r. Coughlin did additional o11icers arri;eN
DonDe! !es
=eslie and Bere !ou the 1irst o11icer on siteN
donDe! !es
=eslie: and hoB man! additional o11icers arri;edN
DonDe! tBo
=eslie and did the! arri;e A! se"arate ;ehicle
donDe! the! arri;e se"aratel! A! tBo additional ;ehicles
=eslie and had all three o11icers Bith all three "olice ;ehicles arri;ed A! the time !ou "atted ?r. Coughlin
doBnN
DonDe! 2 onl! recall one other o11icer Aeing there at the time 2 conducted a $at doBn
=eslie so there Bere at least tBo o11icers into "olice cars on scene at the time he "atted him doBn
donDe! !es
=eslie is certainl! in !our mind detained that "oint
donDe! !es
=eslie Bas he actuall! detained in !our mind "rior to "atting and Bea"ons
donDe! i1 he had tried to lea;e 2 Bould sa! he BasnFt 1ree to lea;e.
=eslie DnoB i1 2Fd heard !ou correctl! and 2 Bant to go through this, 2 understand 1rom the direct
e/amination that the Aasis o1 the $at doBn Bas a 1eB things. 3e had on loose clothing, is that correctN
donDe! !es
=eslie his demeanorN
donDe! !es
=eslie and his lacD o1 coo"eration in ansBering some questionsN
DonDe! !es
(:47:,( "m
=eslie his demeanor A! demeanor !ou 2 thinD !ou mean he Bas uncoo"erati;e and !ou used the Bord
con1rontational
donDe! !es
=eslie Bas he anno!ingN
(:47:(4 "m
=eslie liDe here record to re1lect itFs "roAaAl! Aeen a minute since 2 asDed a question o1 Bhether ?r.
Coughlin Bas anno!ing and the o11icer still has not ansBered.
Cudge 2 Bill still alloB since it Bas a distraction in the courtroom
=eslie an o11icer 2Fm not asDing !ou to thinD as much as 2Fm asDing !ou to recall Bhether or not he Bas
anno!ing
donDe! anno!ing is not a Bord 2 Bould use
=eslie Bhat Bord Bould !ou use
donDe! 2 recall Aeing 1rustrated
(:4*:(9 "m
=eslie and ma!Ae thatFs a Aetter Ba! o1 "utting it
Cudge Bait a second, Bho Bas 1rustrated !ou or the de1endantN
DonDe! 2 Bas 1rustrated.
=eslie ma!Ae thatFs a Aetter Ba! to asD us to talD aAout the de1endant letFs talD aAout !our 1eelings and
encounter, Bhat Bas 1rustratingN
(:4*:4( "m
6tate 9our 3onor 2Fm going to oACect Aased u"on rele;ance o1 not sure Bhat Aearing it has as to Bhether or
not o11icer draBled Bas 1rustrated or Bhat his 1eelings had to do Bith the reasonaAleness o1 the $at doBn
Bhich is at issue here. -he sto" itsel1 is not challenged A! the de1ense sim"l! the $at doBn o1 the
suAsequent search on a shoB that has an! Aearing
Cudge Bill 2 thinD the o11icers "erce"tion Bent to Bhether the $at doBn is clearl! rele;ant i1 he didnFt thinD
thereFs an! "ossiAilit! that Coughlin had Bea"ons then the $at doBn Bas not legitimate on the other hand i1
he had reason to Aelie;e that Coughlin did then it Bas.
6tate sure Aut the emotional 1rustration doesnFt go to that at all
Cudge 2 thinD !ou are correct aAout 1rustration Aut 2 still thinD he has a right to inquire as to the o11icerFs
1rame o1 mind aAout that so 2 Bill o;erruled the oACection
state aAout the question Bas Bh! Bere !ou 1rustrated thatFs Bhat 2 Bas oACecting to
=eslie 2 thinD itFs "er1ectl! rele;ant heFs testi1ied that he Bas 1rustrated
Cudge understand 2 still got o;erruled the oACection
=eslie Bh! Bere !ou 1rustrated
donDe! ?r. Coughlin Bas ansBering questions Bith questions.
(:+,:(, "m
=eslie an! other reasonsN
DonDe! no
=eslie in this 1rustration on !our "art arrest Ae1ore !ou conducted the $at doBnN
DonDe! !es
=eslie it Bill "oint !ou recall sa!ing that !ou Bere Aus! and that it Bas a Aus! night in !our e/change Bith
?r. Coughlin !ou said something to the e11ect that GBe are Aus!, ansBer the question.G Do !ou recall thatN
DonDe! 2 donFt recall that
=eslie do !ou dis"ute thatN
DonDe! 2 donFt recall,
(:+(:04 "m
3ere =eslie re;eals again hoB "ro1oundl! shalloB his gras" o1 the 1acts and media associated Bith this
case is as has Aeen "ro;ided to =eslie in the 7ashoe Count! "uAlic de1ender in ;ideo, audio, and Britten
accounts o1 the arrest A! Coughlin it Bas )eno $olice De"artment o11icer )on )osa Bhom the Dist. 8tt!.Fs
o11ice has identi1ied as a "otential Bitness A! con;enientl! miss"elling o11icer )osaFs last name as GDosaG,
thereA! maDing it harder to discern that o11icer )oss had Aeen seated in (994 in connection Bith his duties
as a "olice o11icer# Bho actuall! made the statement to Coughlin a1ter o11icer donDe! com"leted the $at
doBn to the e11ect that G7e are Aus! tonight, Be donFt ha;e time to get here deAating the laB Bith !ou
shoBed immense res"ect and ansBer the question Bill call the Ne;ada Aar u" and tell him hoB !ou
coo"erated Bith our in;estigation hoB is that running 1or !ouNG -hat ;er! statement A! o11icer )oss a Bas
ca"tured on a ;ideo recording Bith audio in the smart "hone that Coughlin had in his right 1ront "ocDet
recording during the arrest totaling nearl! ' min. long. %11icer donDe!Fs testimon! that he doesnFt recall
such a statement Aeing made is Aelied A! the 1act that u"on announcing to Coughlin that he Bas under
arrest o11icer draBled the echo that ;er! G3oBFs thatNG Catch"hrase that o11icer )oss 2 had Cust "re;iousl!
used less than a cou"le minutes Ae1ore Bhen o11icer donDe! announced a Coughlin GnoB !ou are under
arrest 1or larcen!. NoB 2 can search !ou incident to arrest. 3oBFs thatNG. 6o, clearl! o11icer draBled his
testimon! Bith res"ect to his claim that he does not recall an! o11icer on the scene sa!ing an!thing to the
e11ect that those "olice o11icers Bere Aus! that night and that Coughlin should ansBer their questions is
s"ecious in the e/treme along Bith most e;er! other thing o11icer donDe! has said or Britten in connection
Bith this matter.#.

(:+(:0+ "m
=eslie Bere !ou Aus! that nightN
=eslie Bith regard to Bhen !ou "ut !our hands on ?r. Coughlin urges 6andra testimon! that !ou 1ound the
Bea"ons that an accurate statementN
DonDe! !es
=eslie not some "oint during the encounter !ouF;e indicated that !ou s"oDe to tBo other indi;iduals
?r. <oeAel and ?r. Zarate
donDe! !es
=eslie and is that a1ter the initial $at doBn
donDe! !es
=eslie Bh! did !ou asD them 1or their in"utN
(:+3:,, "m
DonDe! Aecause. uh...2Fm not sure Bho called, Aut, ?r. <oeAel Bas identi1ied to me as the ;ictim
(:+3:00 "m
=eslie and do !ou recall that one o1 those tBo gentlemen told to that ?r. Coughlin had allegedl! taDen the
"hone Aut that the other gentleman told !ou that some other the third>"art! gentleman had taDen the "hone
and threatened or said that he Bas going to throB it in the ri;erN
DonDe! 2 donFt recall that.
=eslie do recall that 1rom !our in;estigation in this caseN
DonDe! no.
Nicole 7atson, (*, o1 )eno, NV, and a student at ?c@ueen 3igh 6chool has admitted, on ;ideo and audio
ta"e recorded A! Coughlin Bith her DnoBledge and Coughlin oA;iousl! recording, at Colton -em"leton is
seen in the ;ideos as Bell recording Coughlin as he records, on 8ugust 0'th, 0,((, Bithin a da! o1
CoughlinFs release 1rom 7ashoe Count! Detention Center, a1ter s"ending nearl! 7 da!s there Ae1ore 1inall!
Aeing granted an %) release, des"ite ha;ing no "rior con;ictions, a 33 !ear histor! and connection Bith
7ashoe Count! and )eno, all o1 his immediate 1amil! li;ing in )eno sisterFs Carl! and 4enn!, mother,
?ar! BarDer, 1ather, -im Coughlin, and des"ite Coughlin Aeing a licensed attorne! at the time,
re"resenting clients, and the charge ha;ing Aeing amended to "ett! larcen! A! 8ugust 04th, 0,(( and
Bhere the 1acts, an o;er three !ears old i$hone 3<, Aought neB 1or I3,, Bhen that model Bas 1irst released
in 4une 0,,*, clearl! did not su""ort a 1elon! grand larcen! charge. Clearl!, the 7CDC and or the )$D
retaliated against Coughlin 1or his imagining an!one in 7ashoe Count! has an! rights:
N)6 (7*.4*+3 .actors considered Ae1ore release Bithout Aail. 2n deciding Bhether there is good cause to
release a "erson Bithout Aail, the court as a minimum shall consider the 1olloBing 1actors concerning the
"erson:
(. -he length o1 residence in the communit!:
0. -he status and histor! o1 em"lo!ment:
3. )elationshi"s Bith the "ersonRs s"ouse and children, "arents or other 1amil! memAers and Bith close
1riends:
4. )e"utation, character and mental condition:
+. $rior criminal record, including, Bithout limitation, an! record o1 a""earing or 1ailing to a""ear a1ter
release on Aail or Bithout Aail:
'. -he identit! o1 res"onsiAle memAers o1 the communit! Bho Bould ;ouch 1or the reliaAilit! o1 the
"erson:
7. -he nature o1 the o11ense Bith Bhich the "erson is charged, the a""arent "roAaAilit! o1 con;iction
and the liDel! sentence, inso1ar as these 1actors relate to the risD o1 not a""earing:
*. -he nature and seriousness o1 the danger to the alleged ;ictim, an! other "erson or the communit!
that Bould Ae "osed A! the "ersonRs release:
9. -he liDelihood o1 more criminal acti;it! A! the "erson a1ter release: and
(,. 8n! other 1actors concerning the "ersonRs ties to the communit! or Aearing on the risD that the
"erson ma! Bill1ull! 1ail to a""ear.
Nicole 7atson has Aeen ca"tured on tBo se"arate instances, on recording media one audio ta"e,
one ;ideo ta"e# 1rom the same inter;ieB on 8ugust 0'th, 0,((, admitting to ha;ing heard the Gman Bith a
si/>"acDG hold the i$hone alo1t and o11er it u", then threaten to GthroB it in the ri;erG i1 someone did not
immediatel! claim it, on:
V2DE%,(,, at the 3:00 marD o1 the ;ideo:
Coughlin: motioning to Nicole 7atson# 6o, !ou heard him sa! F2 am going to throB it in the ri;erFN 7hat
did that maDe !ou thinD Bhere !ou liDe, F7hoa, this gu! is craE!FN
Nicole 7atson: 2 thinD !ou are a douche and !ou should lea;e us alone.
Coughlin: .air enough.
7atson: 3e is tr!ing to, liDe, 1ilm us so he can 1ind loo"holes and shit to some onlooDers#. -em"leton is
again ca"tured on ;ideo clearl! a""earing to utiliEe his smart "hone to record Coughlin recording the
inter;ieB#.
=ater in Video ,(,, the 1olloBing e/hange occurs:
Coughlin:motioning to )oAert DaBson# oDa! Aut Cust a second ago !ou said it Bas 1ine 1or co", !ou 1or no
reason at all and demand to see !our "a"ers or demand to DnoB i1 !ou are an illegal immigrants
)oAert DaBson: there Bas a reason to come u" to !ou
Coughlin Bhich Bas BhatN Did someAod! BalD u" !our 1riend and graAAed the "hone 1rom his handN
-em"leton !ou are sa!ing it Bas 1or no reason at all that !ou clearl! tooD the "hone Be ha;e "lent! o1
"eo"leZ
Coughlin clearl! tooD the "hone 1rom BhoN
-em"leton Bhoe;er thought that gu! Bas that !ou are talDing aAout
Coughlin did 2 steal it 1rom himN (0:,( marD o1 V2DE%,(,,#
-em"leton: he ga;e it to !ou and !ou tried to walk aBa! Bith it.
Coughlin: 3e gave it to meN %Da!, so he gave it to meN
-em"leton: Aut all o1 us DneB our 1riends "hone Bas missing. (0:,( marD o1 V2DE%,(,,#
Coughlin: 3e gave it to meN
-em"leton: 7ell, if !ou said it Bas !ours, and he's that fucking dumb, then !es, he gave it to !ou.
%Da!, so according to -em"leton all o1 them DneB their 1riends "hone Bas missing e/ce"t
a""arentl! their 1riend Cor! goAAle none o1 these !outh seem to ha;e much comment to maDe Bith res"ect
to the 1act that <oAle said his "hone doBn and then managed to Ae a""arentl! "rett! much the onl! "erson
in the sDate $arD not to DnoB the "hone Bas missing or that it Bas Aeing o11ered u" or that at least Coughlin
and Nicole 7atson hear Gthe man Bith the si/>"acDG loudl! indicate as much to all in the large sDate "laEa.
Coughlin heard the Gman Bith the si/>"acDG sa! as muc !eah, that it and there1ore, liDel! =uc! B!ington,
and "roAaAl! Zarate gi;en Zarate claims to ha;e heard the man Bith a si/"acD o11er u" hat immediatel!
"rior to the Bill Bill Bill seriousl! Zarate claims not to ha;e heard the man threatened throB the "hone in
the )i;er and this is Cust as curious as donDe! asserting that he didnFt hear )osa# threat aAout calling u" the
6tate Bar and telling Coughlin to coo"erate or GBeFll call the Ne;ada Bar and tell them hoB !ou coo"erated
Bith our in;estigation, hoBFs that runninF 1or !ouNG, "articularl! Bhere Duralde Cust moments later echoed
the "how's that?" tag line Bith his oBn: G$ow, !ou are under arrest 1or larcen!. $ow, 2 can search !ou
incident to arrest. 3oBFs thatNG all ca"tured on the ;ideo 1rom CoughlinFs 3-C <0 4< smart "hone in the
;ideoHaudio o1 the arrest. Clearl! Zarate and donDe! ha;e ;ested interests and 1ailing to admit their
aBareness o1 the circumstances the actions o1 Zarate, DonDe!, and <oAle ha;e caused ;ast damage to
CoughlinFs li1e damages 1or Bhich the! ma! ;er! Bell Ae liaAle, e;en "ersonall!.
=eslie has re1used to e;en inter;ieB or suA"oena %11icer )osa, and, in 1act, =eslie a""arentl! lied
aAout e;er suA"oening DaBson or -em"leton, then lied to Coughlin and the Court aAout his intent to
in1orm those Bitnesses that their "resence Bas required on 6e"temAer +th, 0,(0, to sa! nothing o1 =eslieFs
1ailure to mo;e 1or a continuance Bhen those Bitnesses 1ailed to a""ear on 8ugust 09, 0,(0 month hearing
on the motion to su""ress. =eslie relies on the old standA! that he made an e/ecuti;e decision not called as
Bitnesses in some lame te"id attem"t to e/cuse his 1ailure to ad;ocate Eealousl! at all on CoughlinFs ha;e
es"eciall! Bhere =eslie is clearl! sucDing u" to the )eno $olice De"artment in 7ashington 2 Dist. 8tt!.Fs
o11ice. 2n 1act =eslie on se;eral occasions Ae1ore and during the trial in1ormed Coughlin that Cudge
61erraEEa Bould "unish him i1 Coughlin attem"ted to Aring to light an! o1 the "olice misconduct that
occurred in this case. Coughlin does not Bish to im"ugn the courts or Cust 1or arises crediAilit! in that
regard and is merel! re"eating the threat that =eslie indicated Bas "resent in that res"ect. Coughlin doesnFt
lo;e e;er! ruling Cudge 61erraEEaFs e;er made in 1act, Coughlin is a""ealing 4udge .lanaganFs ruling
u"holding 4udge 61erraEEaFs 6ummar! E;iction %rder o1 %ctoAer 07th, 0,((in )4C )EV0,((>,,(7,* in
Ne;ada 6u"reme Court Case ',33(, and the aBard, A! 4udge .lanagan o1 I4,,,+, in attorne!Fs 1ees to
CoughlinFs landlord, 1or the a""eal along, in '(3*3#, Aut heFs not su""osed to, and mention should Ae made
o1 the e/tent to Bhich 4udge 61erraEEa consistentl! maDes creati;em thought1ul, and uncom"romising or,
at least, some might sa!, more uncom"romising than the legion o1 Curists in 7ashoe Count! Bhose "ath to
the Aench Bas through the "rosecutorFs chair# rulings, questions, and commentar! Bhile on the Aench.
8 cou"le 1actors one does not see listed aAo;e include Bhether the "erson asserted an!
constitutional rights and thus engendered a s"ite1ul retaliation A! the Ao!s o1 the Cail the AooDing and intaDe
de"artment or de"uties connected thereto or Bhether the )eno $D and cit! attorne! andHor 7ashoe Count!
district attorne! Bould liDe little time to assess the situation into Bhat the! Bill "rior to releasing the
attorne! Bho honestl! has Brong1ul arrest laBsuit#.
.irst o11, A! asDing a com"ound question , es"eciall! the "art in Aold, aAo;e, =eslie curiousl! and a
strong "attern de;elo"s in this regard# alloBs Duralde an GoutG, not to reall! ansBer tough question. 7ould
one reall! Ae all that "aranoid to Bonder Bhether =eslie donDe! in 4ans hot either intentionall! or Cust
inseminate sense o1 teamBorD amongst the code"endent memAers o1 their grou" managed to taDe =eslieFs
aAo;e question Bith res"ect to Bhether one o1 these tBo gentlemen told donDe! that Coughlin had
allegedl! taDen the "hone Aut gathered gentlemen told docDeted some other third>"art! gentleman had
taDen "hone and then at that "oint =eslie maDes the question tri"l! com"ound A! throBing in the "art aAout
throBn in the ri;er noB itFs itFs "roAaAl! someone liDel! the =eslie Cust didnFt understand the 1acts Bell
enough to realiEe that Zarate o1 course is not in a ha;e told donDe! aAout the mantra in the ri;er "articularl!
Bhere Zarate and ;ideos seeDing dissuade Nicole 7atson 1rom Nate that she Bitnessed that rather Zarate
told donDe! one ;ersion o1 the 1acts a""arentl! "rior to cough Ae "laced under arrest and Bent in and 2Fm in
Aut something in Briting Zarate Clinton douAle Aed the! still ne;er made mention o1 the man threatening to
throB the "hone the rare and either =eslie doesnFt understand that or =eslie does understand that Aut he
DnoBs that Zarate ne;er said that to donDe! Bhich lea;es donDe! Bithin a con;enient o""ortunit! to
ansBer as he did in res"onse that he question "osed at (:+3:00 $? 6imilar to the situation Bhere =eslie
starts to asD donDe! o1 Coughlin ansBered his question as to Bhat CoughlinFs name Bas Aut then Bent on
=eslie did to maDe the question com"ound in a Ba! Bherein draBled ansBer alloBed him to indicate !es he
told me his Aar numAer Bell the document reall! got to Bhether or not Coughlin ansBered his name and
gi;en the 1act that that is "rett! much the onl! rele;ant inquir! undr N)6 (7*.(003 2E to sto" and identi1!
statute Bell =eslie and donDe! in 4ans Cust seem to ha;e either no gotten together Ae1orehand and 1igured
out the su"er cle;er Ba!s to maDe it seem liDe =eslie is asDing the questions and he asDed Aut then maDing
them com"ound in a Ba! that the )all and then ansBer the second "art o1 the question Bhich in;ariaAl! is
1airl! irrele;ant so 1ar in the trial =eslie is not gotten donDe! to admit that Coughlin "ro;ided his name nor
has =eslie managed to get in the ;ideo the restaurant Coughlin and tells draBled his name o1 course this is
an incrediAl! rele;ant inquir! gonna sto" and identi1! statute and the 1act that an! su""ression anal!sis that
in;ol;es a search incident to arrest Bill necessaril! at some "oint in;ol;e Bhether or not an arrest Aased
merel! on CoughlinFs 1ailure to "ro;ide his name can Ae a sa1et! net 1or DD8 4ans and donDe! in this da!
should Coughlin actuall! get some ad;ocac! on his Aehal1 Bith res"ect Bhether or not thereFs "roAaAle
cause to maDe an arrest clearl! and donDe! later ansBers to questions the truth is re;ealed their and
someBhat e/tended draBled sa!s he had "roAaAle cause to Aelie;e Coughlin had "ossession 1ile Bhich is
di11erent in sa!ing docDet "roAaAle cause to Aelie;e Coughlin had stolen the oBner committed grand
larcen! much less s"eciall! 1or an i$hone the Ca!man that <oeAel Aought Bhen the i$hone 3< 4 ?ount
Bhich Bas 4une o1 0,,* i.e. the time Bhen i$hone 3< Bas released to the "uAlic in 8merica that maDes that
1ile Bhich Bas I3,, at that time Bhen Aought Arand>neB aAout 3, a month old and there1ore clearl! not
Borth I0,, more in 1act <oeAel admits Bas onl! Borth aAout I*0,, on craigslist and in that time -here
aAo;e =eslie again re;eals hoB little his "re"aration or lacD thereo1 enaAled him to gras" the 1acts
"articularl! the material 1acts in this matter. B! the question =eslie asDed aAo;e he demonstrates that he
Aelie;es one o1 the tBo gentlemen either <oeAel or Zarate told the "olice o11icer aAout some man "icDing
u" the "hone and threatening to throB it in the )i;er. =eslie should DnoB that neither o1 those Bitnesses
mentioned an!thing o1 the sort and 1urther that Zarate can Ae seen in a ;ideo that Coughlin 1ilmed shortl!
a1ter Aeing released 1rom se;en da!s in 7ashoe Count! Cail Bearing Coughlin returned to the sDate $laEa
and ;ideo inter;ieBed Zarate, Nicole 7atson, =uc! B!ington, Colton -em"leton, )oAert DaBson, and
8ustin =icht! Bhom Bere all "resent immediatel! "rior to and during the arrest o1 8ugust 0,, 0,(( and
Bhose 1aces are ca"tured on the ;ideos taDen A! Coughlin immediatel! "rior to the "olice shoBing u"
1urther the identit! o1 the one indi;idual hereto 1or re1erred onl! as 5.C gu! A! Coughlin still remains a
m!ster! des"ite the 1act that the ;ideos taDen A! Coughlin demonstrate 5.C <u! handing his cell "hone to
<oeAel or at least a "hone that Bas in 5.C <u!Fs "ossession, Bhereu"on <oeAel made the 9(( call his
second, at ((:0' $? =eslie re1uses to release non>redacted 9(( dis"atch records to Coughlin Bhich Bould
aid in determining 5.C gu!s identit! andHor the oBner o1 the account 1rom Bhich an! o1 the rele;ant calls
in question Aelong to including the tBo incoming calls to the i$hone, one at ((0( one at ((0', Aoth
re"ortedl! 1rom the same numAer, ostensiAl! ZarateFs or someone Bho is Bas Zarate in addition to the tBo
other calls one incoming to the i$hone and one outgoing 1rom the i$hone at ((33 and ((:3' $?
res"ecti;el! that night. -his oAstructi;e hide the Aall "ractice A! the 7ashoe Count! "uAlic de1enderFs
shame1ul as is =eslieFs 1raudulent attem"ts to "reser;e 1or the record some "ur"orted threats he 1eels
Coughlin Bas maDing him in court on the record, micFd u", or an! other o1 the numAer o1 ridiculous things
=eslie is 4ohn including re1used to utiliEe the legal research he requested 1rom Coughlin Aecause G2 donFt
liDe light te/t on a darD AacDground liDe darD te/t on a light AacDgroundG and all other such similar lame
e/cuses A! =eslie. B!ington and 7atson along Bith "ossiAl! -em"leton Bere the indi;iduals closest to the
man Bith the si/"acD Bho held the "hone a lot and threatened throBn in the ri;er. 2n one o1 the suAsequent
in;estigator! ;ideos that Coughlin 1ilmed Nicole 7atson Alurts out in res"onse to one o1 CoughlinFs
questions that !es, she did in 1act here the man Bho "icDed u" the "hone threatened to throB the "hone in
the )i;er i1 someone did not claim it immediatel!. 8t that "oint in the ;ideo 1illed A! Coughlin Zarate can
Ae seen attem"ting to quiet Nicole 7atson doBn and then later "ulling her aside and seemingl! dissuading
her 1rom testi1!ing or suAmitting 1urther to an inter;ieB Bith Coughlin. 2t is clear that Zarate sought to
oAstruct Custice in the ;ideos Coughlin 1ilmed and "ro;ided to Aoth the 7C$D and 7CD8Fs %11ices,
including GV2DE%,,99G length: +:(+# and ZaratesFs sBorn testimon! at trial is contradicted A! statements
o1 the 1orm and 0' second marD ;ideo ,,99 Bherein rather than asserting that he "ersonall! e!e Bitnessed
Coughlin recei;ed the "hone 1rom Gthe man Bith the si/>"acDG, Aut instead Zarate indicated that he saB the
man hold the "hone alo1t and heard him o11er it u" and then Zarate stated on that in;estigator! ;ideo
Coughlin 1ilmed u"on his release 1rom Cail:
at 4:,+ marD o1 GV2DE%,,99 Batson Be saB !ou taDe a "hone 1rom a manG length: +:(+#
(:+4: (+ "m *H09H(0 transcri"t, ?otion to 6u""ress 3earing#
=eslie other than Bhat !ou ha;e testi1ied here to da! AacD at the time did !ou ha;e an! other reason to
Aelie;e that ?r. Coughlin Bas actuall! armed Bith a dangerous Bea"on
donDe! no
=eslie other than Bhat !ou ha;e testi1ied here toda! AacDed the time !ou ha;e an! other reason to Aelie;e
he Bas a threat to the sa1et! o1 !ou or an! other other o11icer AacD at the time u" to and through the time
that !ou "atted him doBn 1or Bea"ons
donDe! no
=eslie made a Bise decision to include u" to and through the time Bhen descriAing the rele;ant. 2t Bhich is
question Bas "osed as donDe! seems to assert that CoughlinFs noncom"liance i.e. there1ore an indication o1
some su""osedl! danger or "otentialit! thereo1 Bas deri;ed 1rom CoughlinFs conduct during the $at doBn#.
(:+4:+9 "m
=eslie during !our encounter Bith ?r. Coughlin at the initial stages did he in 1act identi1! and o1 2 name in
1act at one "oint he ga;e his Aar numAer
donDe! 2 recall him sa!ing he Bas loitering gi;en his Aar numAer
=eslie and Bas that 1or a1ter the time that !ou "atted him doBn 1or Bea"ons
donDe! 2 couldnFt sa! 1or sure Aut 2 Aelie;e it Bas Ae1ore
=eslie that Bould Ae her Aest recollectionN
DonDe! !es
=eslie nothing 1urther
8nd so therein aAo;e =eslie manages not to get into the record and in mission A! donDe! that Coughlin in
1act did gi;e
his name or identi1! himsel1 and there1ore com"l! Bith the dictates o1 Ne;adaFs codi1ication o1 the -err!
doctrine in N)6 (7*.(003. Either =eslie is su"er cra1t! su"er slo""! and or maDing sBeet music Bith
!oung and donDe! or this is Cust a re"etiti;e loo" o1 incrediAl! con;enient and coincidental omissions
errors and commissions all adding u" to the detriment o1 CoughlinFs case#.
7hat 1olloBs is DD8 9oungFs Aarrage o1 attem"ts to mislead the court, and, Aasicall! lie...as 9oung
continuall! tries to get across that the 1irst dis"atch re"ort Bas aAout Ga "ossiAle 1ightG, rather than a GCJ
.%) =8)C %. 8CE== $3%NE 456-G, on multi"le occassions.
(:++:4+ "m
state o1 a 1eB questions 9our 3onor ?r. =eslie asDed !ou or do !ou recall ?r. =eslie asDing !ou that once
dis"atch advised of am update that it was a potential larceny he asDed something along the lines
o1...Bould that alle;iate an! concern 1or threats or ;iolence ...Bea"ons... 8nd 2 DnoB 2 am misstating his
e/act Bords Aut it Bas something along those lines !ou recall the questionN
-here 9oung misleads the Court and shoBs a lacD o1 candor, again, to the triAunal in suggesting, Aased
u"on some imaginar! G"ossiAle 1ightG dis"atch re"ort, that there Bas, there1ore, some 1ear o1 threats or
;iolence that such an u"date, doBngrading the situation to a a mere larcen!, Bould necessaril! Galle;iateG.
donDe! !es
state and are called A! Britten !our res"onse Bas could Ae
donDe! 2 donFt recall the e/act res"onse Aut man! times Be "ut in1ormation 1rom dis"atch that inaccurate or
mi/ed as "olice o11icers Be ha;e to Dee" our guard u" 1or Bhate;er might Ae there Bhen Be arri;ed 1or
sa1et!
(:+':47 "m
state and in this case the larcen! Bas additional in1ormation that !ou recei;ing 1rom the 1irst re"ort
donDe! !es
8ctuall!....there he goes again...9oung and Duralde continue attem"ting to "ur"ort that the re"ort o1 a
larcen! Bas not the 1irst "art o1 the 1irst re"ort, "eriod...Aut rather some Gadditional in1ormationG in some,
necessaril!, suAsequent u"date.
Curiousl!, donDe!Fs narrati;e and his No;emAer 0*, 0,(( narrati;e does not mention this alleged initial
re"ort A! dis"atch the 6tate so "erse;erates on in 1act that narrati;e Aegins thusl!:
G%n 8ugust 0,, 0,(( at a""ro/imatel! 0307 hours I was dispatched along with Reno PD
Officer R. ROSA to the plaza at on a report of a larceny of a cell phone at that location.
Dispatch relayed information that the victim had set his phone down and that he was now calling the
phone and it was lighting up in the suspect's pocket. -he sus"ect Bas descriAed as a Bhite male adult, 3+
!ears o1 age, 'F,0G, 0(, 2As, Bearing a red Chicago hat and a Bhite or !elloB shirt and "laid shorts.
Dispatch also relayed that the suspect was still on sceneG
8nd, in 1act, the dis"atch logs do not re;eal an! notation o1 "a possible fightG. 8ctuall!, this
G"ossiAle 1ightG garAage seems more and more to Ae "ro1essional misconduct on DD8 9oung and
DuraldeFs "art, as there is no indication in an! o1 the contem"oraneous records or statements A! Duralde
that he Bas under the im"ression there Bas an! G"ossiAle 1ightG, though Aoth Duralde and 9oung ha;e
misled the Court in that regard, and, not sur"risingl!, Bho else, =eslie has Coined in on the act, mentioning
a G"ossiAle 1ightG se;eral times, des"ite the record, as 1ar as Bhat %11icer Duradle Bas made aBare o1 u"on
arri;ing on scene then immediatel! handcu11ing Coughlin shortl! a1ter Coughlin Aroached the to"ic o1
constitutional rights. .urther, DD8 9oung continuall! re1ers to the dis"atch re"ort o1 Ga larcen!G Aeing
Gadditional in1ormationG or an Gu"date 1rom the 1irst re"ortG, Bhen, in 1act, the 1irst re"ortFs 1irst message is
GCJ .%) =8)C %. CE== $3%NEG...so again DD9 9oung and Duralde are "la!inF 1ast and loose Bith
the 1acts. )ather, the 1irst entr! at ((:03:3' "m indicates: G-E&-:2CE )2NJ 8)E8 > CJ .%) =8)C %.
CE== $3%NE 456- > 656$
%6 > =%5D VERBAL D26-)G. 6ure, a Gloud ;erAal distruAanceG...Aut, all this aAout G"ossiAle 1ightG
a""ears to Ae nothing more than DD8 9oungFs creation in an attem"t to shore u" an e/igenc!Hsa1et!
anal!sis 1or his "at doBn rationale. -hat is sanctionaAle conduct. .urther, the ne/t u"date in the dis"atch
log, 1rom ((:0+:0, "m still 1ails to mention an! G"ossiAle 1ightG, Aut rather reads: G6-2== =%5D D26-) >
)$ =E.- 326
CE== $3%NE %N $%6- 8ND C8==ED -3E CE== $3%NE 8ND 2-6 =2<3-2N< 5$ 2N 656$6
$%CJE-.G. 9%ung and Duralde reall! need to e/"lain their attem"ts to mislead the Court and lacD o1
candor to the triAunal to the e/tent that the! "ur"orted the "hrase "ossiAle 1i;e to Ae u" Ait o1 in1ormation
included in the dis"atch communications rather than their inter"retation o1 o1 something that ma! Ae
incident to a loud disturAance Bhere dis"atch onl! re"orts a loud disturAance "articularl! one o1 a
GVE)B8=G ;ariet!. ((:0+:47 "m marDs the time o1 another dis"atch te/t a""arentl! sent to the o11icerFs
in their ;ehicles, not that =eslie Bould asD an!thing liDe that#: G65$$ -E&-:RP WAS SCREAMING AT
SUSP AND LINE DISCONNECTED.G -he 1act that the dis"atcher descriAed the call asG)$ re"orting
"art!, ie, <oAle# 6C)E8?2N< 8- 656$G is telling and Bould strongl! suggest that Duralde Bould ha;e
had more reason to "at doBn <oAle or his com"atriates than Coughlin, and it is "ossiAle <oAle Bas in his
;ehicle or otherBise aBare o1 this dis"atch re"ort =eslie 1ailed to asD an! questions aAout hoB and Bhen
these o11icers Bere a""rised o1 in1ormation A! dis"atch, including Bhether the! Bere so e;en a1ter arri;ing
on the scene, Aut the ;ideo Coughlin tooD o1 the arrest clearl! contains the sounds o1 dis"atch radions,
though, curiousl!, the smart "hone in CoughlinFs right 1ront shorts "ocDet dis"la!s no Gsound o1 the i$hone
;iAratingG such as Bhat Duralde and DD8 9oung "in most o1 the G"roAaAle causeG in their case on. =astl!,
there is strong e;idence to suggest Duralde ne;er recei;ed the in1ormation 1rom dis"atch "rior to arri;ing
on the scene and conducting the "at doBn, cursor! Gin;estigationG and arrest o1 Coughlin# that Bas
contained in the dis"atch te/t 1rom ((:07:(( "m: -E&-:)$ <oAle# C8==2N< B8CJ %N 9(( 8DVF2N<
6%?E%NE 456- 32- 8 G?2N%)G > )$ re"orting "art!# 456- 682D G-3E)E 26 8 C%$ -3E)E
782VE 32? D%7NG. Duralde a""ears on the sideBalD near the Center 6treet Bridge in the ;ideo
Couglin tooD o1 the arrest at a""ro/imatel! ((:07:++ "m, and, that, in comAination Bith an utter "aucit! o1
mentions A! the 6tate or Duralde res"ecting the GsocDed a minorG ruse, indicates Duralde Bas not e;en
"ri;! to an! dis"atch in1ormation in that regard, and, o1 course, i1 it Bas, in 1act Duralde Bho testi1ied he
was G1irst to arri;e on the sceneG and, as is customar!, tooD the lead on the in;estigation#, the Ait in the
dis"atch log that G)$ 456- 682D G-3E)E 26 8 C%$9 -3E)E 782VE 32? D%7NG is liDel! re1erring
to Duralde. .urther, DuraldeFs laconic, rela/ed tone and a""roach u"on arri;ing on scene 1urther Aelies the
lacD o1 sincerit! in the 6tateFs G"ossiAle 1ightG message, Bhich, it seems clear, dis"atch ne;er made not that
the D8, the )$D, or Emergenc! Dis"atch 6er;ices has su""lied an! ta"es thereo1, contrar! to <oodnights
dul! made request there1or. =eslie needs to asD Bhether G"age 0 o1 0G as indicated ato" DuraldeFs 8ugust
0,th, 0,(( GDeclaration 6u""lementG is missing G"age ( o1 0G or Bhether such a G"age (G is reall! the
G8))E6- )E$%)- 8ND DEC=8)8-2%N %. $)%B8B=E C856EG.
*fficer +uralde's ,arrative of &&-./-&& concerning the arrest differs markedly from
his testimony at the 0uppression 1earing and 2rial reading:
3C*4G1LI, was wearing baggy clothing that could conceal a
weapon according to my training and e5perience. I then asked
C*4G1LI, to stand up and move away from the group of people
that had been detaining him.3
Is this cross e5amination revealed that their old noted upon arriving at the scene
that the youths were mostly sitting down as was caught when which hardly sounds like a
detaining or citi6ens arrest type scene. 7urther Coughlin's commentary on the videos !ust
prior to the arrest and in the 8&& calls as well as goals comments both of his own 8&& calls
clearly vitiate any finding of a citi6ens arrest by Goble at all or any detaining going on
Coughlin clearly voluntarily remained and himself called the police and e5horted the years
to root blacks and be peaceful and wait for the police arrives the situation can be handled
in a lawful safe manner.
+uralde's ,arrative continued: 3C*4G1LI, complied and I performed a pat search
for weapons. As I checked C*4G1LI,'s left front shorts pocket he yelled loudly that I had
!ust grabbed his penis. I could feel an ob!ect resembling a phone in the pocket but not a
penis. As C*4G1LI, was trying to make a scene and was very hesitant to follo# the
directions that I was giving him I placed him in handcuffs. Cfficers A-AK!A and 9C!A #ere
there #ith me at that time. C*4G1LI, then stated that he had been assaulted by the group
of people who were with the victim. I asked C*4G1LI, if he had any in!uries to
substantiate the claim and he stated that he did not.3
+onkeys retaliatory animus in response to Coughlin's gross sub!ect constitutional
rights is revealed in the fact that donkey took to asking Coughlin all sorts of 9uestions
designed to result in a finding that Coughlin's claims against the youths were baseless.
+onkey would have been well served to take that approach with the accusations made by
Goble such as actually asking 9uestions designed to elicit support for whether or not any
facts e5isted relating to the specific elements of the crime donkey charge Coughlin with a
larceny taking of another's property away with intent to deprive and for felony such as
what docket charge where the values was of time greater than :.(;. <asically all donkey
new to gather support for was that Coughlin was in possession of the phone and telling
because donkey actually use the e5act description. 1is testimony and describing that he
felt he had probable cause when the cough was in possession from rather than probable
cause to find a Coughlin had committed larceny while donkey can at trial not remember
much of anything about this shaper dimensions of the ob!ect and Coughlin's right front
pocket !ust magically at trial the =onald had really specific length width and height down
to the half>inch descriptions of what was in Coughlin's left front pocket and donkey
purports that to be the case to some e5tent in his narrative as well despite the fact that he
indicated both the trial and implicitly in his narrative the no witnesses by that point had
indicated which pocket and felt the indeed the background chatter the video of the arrest
reveals patent uncertainty in that regard if not something more sinister further and
contrasted donkeys testimony at trial where and he was only sure that one other officer
was on the scene time not that Leslie bothered to actually iron down which officer that
may have been =osa or Alaksa... In +uralde's ,ovember ./ .;&& narrative and that both
of those officers were there with donkey at the time he connected the ?at down it straining
credulity at this point imagine three officers there focused in on Coughlin along with a
group of / to &. skater youths would feel all that @ is a safety concern with respect to
Coughlin that is unless Coughlin was some sort of Chuck ,orris %ohn Claude Aan +amme
0tephen 0egal force of nature with cartoon like omnipotence.
DuraldeFs GDeclaratoin 6u""lementG 1iled Bithin (0 hours o1 arrest# continues: G2 then "laced
C%5<3=2N under arrest 1or <rand =arcen!, as he had taDen the "ro"ert! o1 another "erson ;alued aAo;e
I0+,. I retrieved the phone from COUGHLIN's pocket and GOBLE was able to further verify his
ownership of the phone based on the password for the phone and calls that had been made in the
previous hours. 3%5<3=2N Bas then trans"orted to the 7ashoe Count! 4ail and AooDed Bithout 1urther
incident.G
Duralde 1ails to gras" that their are more to the elements o1 a grand larcen! charge than Cust GtaDen
the "ro"ert! o1 another "erson ;alued aAo;e I0+,G, such as ha;ing Gthe intent to "ermanentl! de"ri;e
thereo1G or, 1iner "oints, liDe GDnoBingG something is GanotherFs "ro"ert!G, much less some o1 the more
elegant as"ects o1 the laB o1 1inders or lost, mislaid, or aAandoned "ro"ert!, much less the no;el situation
here Bhere an i$hone Bas allegedl! sa;ed 1rom the clutches o1 the -rucDee )i;er. .urther, Duralde seems
to gi;e no account to the notion that, "erha"s, searching through a la"to", or i$hone, or some other smart
"hone on an arresteeFs "erson ma! e/ceed the sco"e o1 a search incident to arrest.
-)8N6C)2$-: *H09H(0 (:+7:33 "m
state this grou" o1: uses that sort ?r. =eslie uses o1 a 1act. 9ou testi1! that the! Bere more or less
surrounding o1ten some o1 the memAers a""eared agitated
donDe! !es
state and Bere the! "ointing out to the de1endant sa!ing that he Bas the suACect o1 the call or hoB did !ou
1ocus !our attention on the de1endant or to determine that he Bas the Bas the suACect o1 the call or other
determined to 1ocus !our on ?r. CoughlinN
DonDe! at 1irst 2 noticed his clothing matched the descri"tion gi;en A! dis"atch 2 recall someone "oint him
out also
state

8""arentl! one must "a! =eslie more 1or the "ri;ilege o1 ha;ing him maDe a hearsa! oACection or to
reiterate his succes1ul oACection 1rom the 6u""ression 3earing as to the incongruit! in Duralde testi1!ing
that he couldnFt rememer the suACects descri"tion, onl! to "ur"ort to use it to id him.
6tate can !ou estimate hoB much time "assed the "oint 9our 3onor guns in the $at doBn
talD !et Bould sa! a""ro/imatel! 0 min.
state and !ou hadnFt had an! "rior dealings Bith an! o1 the indi;iduals on seen Ae1ore had !ou
donDe! no
stating !ou Cust Bhat !ou Bere in "olice uni1orm
talD !es
state that consist either Aadge the Bords "olice dis"la!ed in some 1ashionN
DonDe!: no audiAle res"onse
state: and !ou testi1ied that !ou had !our "olice carN
DonDe! !es
state Bas that a marDed "olice car Bas that a marDed "olice carN
DonDe! !es
state thatFs all 9our 3onor
Cudge an! recross
=eslie !ester stood cou"le quicD ones i1 2 ma! 9our 3onor to recall at an! "oint in the e/change AetBeen
!oursel1 and ?r. Coughlin o1 the ass to tr! the daughter least the runBa!
donDe! 2 donFt recall that
=eslie < recall an!thing A! him e/"ressing some current concerned that he doesnFt Bant the dog to go
ahead
donDe! not that 2 recall
=eslie the dog Bas there Bith him
donDe! !es
=eslie courts indulgence Bhis"ering AetBeen Coughlin and =eslie 1rom (:+9:+* to 0:,,:0, "m# 2 did ha;e
1olloB u"on the clothing question is asDed A! the "rosecutor and m!sel1 Bas ?r. Coughlin Bearing "lain
shorts or shorts Bith cargo "ocDets u" u" out side
donDe! "lain shorts
=eslie and so CoughlinFs chores 1or the Dind o1 his sled Bith the AacD o1 "ocDet on the "anel and
=eslie said the list o1 things Bere not committed in !our "risons
docDet
Z 9ou Bere not a Bitness to them
docDet this correct
=eslie and so the! are !ou !our unseen Bas Bhat
talD at recall o1 AetBeen (( and (0 $? at night
=eslie %Js certainl! ha;e toda! are some ".m.
donDe! !es
0:,3:,, "m >0:,3:0* "mBhis"ering eBeen =eslie and Coughlin#.
=eslie taDe 9our 3onor ha;e no 1urther questions
state 2 do ha;e tBo 9our 3onor the Aagg! close that Be Bere talDing the list and euros e/actl! the shorts
Bere the! such that it Bould Ae concealed
talD !es
state the! Bere so sDintight that !ou could taDe a looD not DnoB the cause o1 that nothing Bas
state at 7almart questions to =eslie Bas Cust asDing !ou that the 8l!ssa taDen o1 the "hone Bas not done in
!our "resence Curor called a question a cou"le se/ going !ou said no
talDing !es
state did ?r. Coughlin hand !ou on his oBn ;olition the "hone that Bas taDen Bas le1t 1ront shirt "ocDet
docDet no
state !ou tooD that 1rom his "ocDet a1ter !our rest o1 them Bere conducted a search incident to arrest
talD !es
states that Bhat !ou are "ro"osing to some "ositions that is le1t 1ront shirt "ocDet
=eslie oACection "roCection Alind Cudge oACection to Bhat
=eslie and im"ro"er conclusion
-errace Bas the oACection
=eslie 7illie ran the Bitness a series o1 questions and ending Bith the Bords so asDed him to conclude that
the ghost im"ro"er conclusion in the circumstances
state all 2Fm asDing is Bhile documents on scene Bith to meet Bith ?r. Coughlin Bas the "hone still in his
"ocDet
=eslie he said BalDies on state thatFs asDing 1or conclusion as to amend to him and duration o1 time. 8sDing
and him to conclude that ?r. Coughlin a "osition something thatFs dis"uted
Cudge can !ou narroB doBn.
6tate ma!Ae 2 can re"hrase the question Aut 1rom the "oint that !ouFre re1erencing ma! contact ?r.
Coughlin did !ou see an!Aod! "la!s that "hone or ?r. CoAA $lace a11iant is "ocDet
talDing to
sa! oDa! and !ou "art! testi1ied that u"on !our arrest ?r. Coughlin !ou remo;ed the 1olloBing Bhich is the
suACect o1 the su""ression hearing 1rom his "ocDet Bill Bill 2 thought !es
state good enough t
=eslie: 2 ha;e no 1urther questions.
0:,':(9 "m Bhis"ering#
Coughlin going to asD him aAout hoB he taunted me smugl!.....he did thatW.....0:,':4, "m
state
sa!s to !ou ha;e an! 1urther e;idence.
4udge is there an! oACections the o11icer remaining in the room on the ruling on the motion is "ressed
=eslie 2 Bould liDe to consult "oint client 1rom onl! 9our 3onor
Cudge Bhat 2 ha;e seen till Be 1ind out.
0:,7:,4 "m# whispering#...0:(,:49 "m
=eslie <od taDen the o""ortunit! o;er the last cou"le minutes 2 1olloBed Cudge Bho the latter Bas
consulting Bith ?r. Coughlin Be donFt ha;e an! Bitnesses and he is not electing to testi1! at the
su""ression hearing at this time
state 9our 3onor in res"onse surel! question is 3ernando $ro Bith the o11icer drug Aeen hearing her that
during arguments Bill de1er to the state
=eslie a 7eld stud testimon! nature o1 the church the state 2 ha;e taDen to gi;e a reason to Aar him Aut 2
canFt 1igure is Bh! these Ae "resence o1 the de1erred to the court
Cudge Bho all right 7ilsonFs or his role as is lost !ou to Bait out light until this is conclude and him and
something Bhere 1i;e locations can im"act !our testimon! at trial harlequins must 2 Bill indicate that 2 ha;e
read the Arie1s might Ae educated 1urther on the "atdoBn search
=eslie Bill 9our 3onor the ?r. =eslie the good CoA and current issues the Britten motions to su""ress and
1a/ that Bere set 1orth in their and then !ou decide the 1acts Aased on the hearing here and it "resent a""ears
as a "rett! high degree o1 consistenc! Bith Bhat he Brote on the motion Bill hurts a i1 2 ma! summariEe the
thinD the im"ortant Ao/ers 1olloBs the o11icer is dismissed as something that A! his testimon! is initiall!
graAAed A! dis"atches this disturAance or a "ossiAle 1ight Aut Ae1ore he arri;es to suAmitted A! the status
that itFs a disturAance or "ossiAle larcen! not DnoB Aecause "lanting o1 the original Cudgment the dis"atch
Aut 2 am "ointing to the 1act that that clari1ication chase o1 monthl! issue to larcen! initiati;e Bhen the
o11icer arri;es on the scene he sees Bhat he descriAes as a large grou" o1 "eo"le cease use are !ou !oung
adult that Be talD )oAinson midteens i1 the! are sitting in close "ro/imit! to an standard in close "ro/imit!
to im"ortant the o11icer surrounding and emotionall! agitated Bere u"set Bith ?r. Coughlin Bho is in the
seated "osition and 1ranDl! surrounded the o11icer gets out o1 his ;ehicle maDes initial inquir! and some
going Bithin less than 0 min. o1 Aeing on scene determines that is can a $at doBn ?r. Coughlin !ester
hoBe;er testi1ied that in that 1irst cou"le minutes o1 no more than 0 min. he Bas daEEled he Bas aAle to
ascertain that ?r. Coughlin had a little Alog Bith them had a Aic!cle that Bas not realisticall! in the
o11icerFs mind an!, Bea"on and ?r. CoughlinFs Bearing shorts and ->shirt st!le shorts the u"surge is not
little "ocDet he did not see an! ;isiAle indication that ?r. Coughlin had a Bea"on o1 an! Dind or Aias o1 an!
Dind can Ae used as a Bea"on that Bould o1 the Aelts are in harm the o11icer testi1ied and 2 tooD care1ul
notes on the 6enate cross>e/amine on this he said that the Aasis o1 the "atdoBn search Bas Aecause ?r.
Coughlin Bas in his Bords not coo"erati;e A! not ansBers and questions and A! asDing a question in
res"onse to the court o11icers question he testi1ied that ?r. CoughlinFs demeanor Bas "art o1 the reason that
a "attern DnoBn 1or Bea"ons and Be understand 1rom the o11icer himsel1 o1 A! demeanor Bas reall! talDing
aAout is the o11icer Aecame 1rustrated that ?r. Coughlin Bas 1iring AacD Bith some rhetorical questions
Bere someBhat trouAling that a right "hraseolog! Bhose o11ice Aut Bas asDing o11icer i1 the authorit! to asD
those questions and Aecause ?r. Coughlin had loose close that said Be cited cited statutes and case on a
motion under (7, ((00 an o11icer tracD Victor search cannot "ut his hands on the citiEen Auilder Aod! 1or
an! "ur"ose other than he reasonaAl! Aelie;es that tBo things are occurring one that ?r. Coughlin Bas
1ound at the dangers Bhat is to that ?r. Coughlin is the thread the sa1et! o1 the o11icer another o11icer is
Na"ster testi1ied that in a decision to Bhat heFs testi1ied. Editors no other e;ident that e;idence Au!AacD the
time to thinD that ?r. Coughlin either added dangerous Bea"on Bas, thread is sa1et! o1 the o1 o11icers ?r.
Coughlin could ha;e led in de1icit didnFt thinD it he Bas a 1light risD all Be ha;e in this case is res"onding
to an o11icerFs question Bith a question Aut rememAer that the conte/t o1 that is that ?r. Coughlin do
attainaAle A! himsel1 indicated he Bas a laB!er in the o11icer does Aelie;e he did identi1! himsel1 as a
laB!er and "ro;ide his Aar numAer
0:(7:(0 "m %Da! thatFs Beird Bhen =eslie 1irst asDed that question o1 donDe! it seemed liDe it Bas
"ossiAle that it Cust sli""ed "ast or Bas 1umAled o;er the donDe! didnFt actuall! it admit or ansBer the
questions to Bhether Coughlin identi1ied himsel1 A! name noB good 0, or 3, min. later =eslie "rett! much
reiterates e/actl! that the meeting mistaDe in that =eslie 1aith1ull! re"eats the nonres"onsi;e as"ects o1 that
ansBer A! donDe! Bith res"ect to Bhether Coughlin identi1ied himsel1 A! name that is "rett! much a clear
indication that something 1unn! is going on thatFs Cust a little too "er1ect or "er1ectl! im"er1ect such that it
sets CoughlinFs case o1 ;er! ;er! "oorl! or Bin on a""eal he needs to estaAlish that he did identi1! himsel1
A! name and sto" A! statute !et Bill Ae stucD Bith ones Bith =eslieFs clums! or rather "erha"s "ur"ose1ull!
clums! 1ailure to get an!thing on the record Bith res"ect to the 1act that Coughlin didnFt 1act "ro;iders
entit! o11 certain 1actors ha;e ;ideo o1 it =eslieFs inter1erence Bith CoughlinFs a Aottle right Bill or not sit
cited as 1i;e including =eslieFs insistence that Coughlin must Bai;e an! such right at the e/"ensi;e not
Aeing it Bas to enter an! o1 these e/cul"ator! ;ideos in e;idence is constitutional ;iolation 1urther =eslie
arguaAl! did "re;ent Coughlin to testi1! at the su""ression hearing the on Cust re1using to enter Bhere !ou
lies such ;ideos and an!Ba! =eslie arguaAl! re1used to AooD o11 on the Bitness stand. Both a coerci;e
sense in and out right AlacD>and>Bhite sense o1 "ut me on the stand 2 Bant to Ae "ut on the stand
=eslie the statutes indicated under N)6 (7, Bill and in and this is under the detentions statute shall identi1!
himsel1 or hersel1 Aut ma! not Ae com"elled to ansBer and. 2n these o11icer and so legall! ?r. Coughlin
Bas 1ull! Custi1ied in serenit! questions and identi1! so Bhich 2 Aelie;e Be heard Be did the o11icer also
testi1! that there is good reasonaAle lighting elseFs testi1ied that his 1rustration Bith ?r. Coughlin arose
Ae1ore he conduct o1 hotel and 2 suggest to !ou that that is rele;ant to determination o1 Bhether the ;er!
;ague and nons"eci1ic and articulaAle 1acts sBitch to the ;acant 1a/ the o11icer relied on "atdoBn or sim"l!
rather reuse the o11icer testi1ied that the o11icers alter o1 (( or close (0 men the! called as <oogleFs round
?r. CoughlinFs dis"ute aAout a small "ersonal item ?r. Coughlin identi1ies himsel1 Aut refuses to answer
further questions in full usti1ication under N)6 (7(.(03 8nd the o11icer got mad,
7a! to go 4im that the! reall! aB1ul "oint !our innocence. 8rt and a Coughlin re1used to ansBer an!
1urther questions in a setting Bhere CoughlinFs com"liance or coo"erati;e ?s. goes right to the heart o1 the
matter Bith res"ect to Aoth the reasonaAle sus"icion and the "roAaAle cause 1or arrest !ou can Bear =eslie
3addad is "ossession o1 ;ideota"e Bherein the )all tells Coughlin did not s"eaD an! 1urther and Coughlin
did not re1use to ansBer an! questions "rior to the "oint o1 arrest Bhich argues in 1a;or o1 a 1inding that
Coughlin Bas coo"erati;e and com"liant and nonthreatening =eslie did this on a numAer o1 occasions he
inserted "articularl! damaging G1actsG and the narrati;e regarding CoughlinFs Aeha;ior demonstrated no real
Aasis in realit! and its use 1urther underscoring the general a""earance here that this is a G6hoelessG 4im
=eslie tr!ing this case 1or Coughlin. 4udge 61erraEEa notice this and "ointed out to =eslie that actuall!
good night Arie1 and rememAer =eslie hasnFt 1iled a single thing in this case Aut an!Ba! good night Arie1
actuall! "ointed this out ne;ermind the 1act that Bas Jau1man "ointed out good night Aut still good night
Arie1 "ointed out that the o11icer told Coughlin not to s"eaD an! 1urther an!Aod! DnoBs the )$D noticed
that it !ou donFt e/actl! Bhat the! sa! the! Bill arrest !ou 1or oAstruction and do a search incident arrest
"roAaAl! go through !our smart "hone e;en i1 it has nothing to do Bith the conduct the! are arresting !ou
1or#.
0:(9:,, "m
Cudge Bill 2 am.... 9our Arie1 indicates not that that the o11icers asDed man! questions "ut: Cust donFt talD
an!more Bhich is Cust the o""osite o1 Bhich are indicating toda!..
=eslie 2 thinD that the 1actual Aases o1 the motion !ou 1ile a motion to su""ress Aased on the 1a/es !ou
understand 1rom an! numAer o1 sources Aut as !ou indicated on ?onda! is motions ha;e to Ae decided
a1ter !ou hear 1rom Bitnesses ;eri1! Bhat 1acts are !ou dealing BithN 0:(9:3+ "m#
<ood $oint 4im, that is Bh! Coughlin indicated he Banted to testi1! on his oBn Aehal1 and asD !ou to
mo;e 1or a continuance gi;en !our 1ailure to ensure that: -em"leton )oAert DaBson, Nicole 7atson, =uc!
B!ington, )on )osa, -anner Chan, 5.C <u!, etc., etc. -homas 8laDsa, etc. Bere there to testi1!....6cott
7eese, the other dis"atcher ?ontogomer!...!et =eslie re1use to call an! Bitnesses 1or Coughlin or alloB
Coughlin to suA"oena an! Bitnesses =eslie Bas surel! a great "air o1 handcu11s 1or the state on CoughlinFs
de1ense.
=eslie and 2 thinD that the 1act that BeF;e heard here toda! 1rom the o11icer and not 1or ?r. <ood nightFs
inter"retation o1 1acts in Briting her motion the o11icer himsel1 said 2 got 1rustrated Bith him and it Bas
Ae1ore 2 did a $at doBn.
6ee, 4im, that is Bh! Coughlin demanded !ou asD questions o1 Duralde concerning issues liDe the one
Cudge 61erraEEa Cust "ointed out i.e. hoB could Coughlin Ae noncom"liant as to ansBering questions Bhen
donDe! told Coughlin not to talD an!more... Basic stu11 4im reall! im"ortant Aasic material stu11 that !ou
are too arrogant careless negligence and du"licitous to Ae Aothered Bith oh and sel1 concerned too#.
0:(9:+, "m *H09H(0 6u""ression 3earing#
Cudge Bill 2 understand it !ou said he has a question Bith a question
=eslie right
Cudge Aut he didnFt 1orce him to ansBer questions is that right 2 mean Bhat !ou had indicated earlier under
the laB heFs onl! required to gi;e his name and limited in1ormation and he did not need gi;e an! other
in1ormation
=eslie and "art o1 m! "oint there is the o11icer con1irm the "art o1 the Aeha;ior o1 the de1endant that led the
o11icer to it conduct the "atdoBn 1or Bea"ons Bas that ?r. Coughlin ansBered the question Bith a question
and BouldnFt ansBer another question m! "oint is it N)6 (7(.(03 suAsection 3 sa!s that it detained "erson
is oAligated to identi1! himsel1 Aut is not oAligated ansBer an! 1urther questions hoB can o11icer Cust 1i;e
"atdoBn search Bhen the suACect o1 that search is Bhat Bithin their legal rights o1 the statuteN
4im, !ou still donFt get it 4im "a! attention !our client didn't refuse to answer another question he Bas
told A! donDe! not to s"eaD an! 1urther i.e. those are 1acts that BorD in !our clients cases 1a;or an! should
tr! to use them rather than remaDes the 1a/ to insert some 1act that her !our clientFs case unless, 4im, i1 !our
are tr!ing to throB the case !ou are not tr!ing to throB the case are !ou, 4imN#
4udge: Bell 2 understand that 0:0(:(, "m#
4im, Bhen 4udges sa! things liDe GBell, 2 understand that...G 7hat the! mean is that !ou didnFt reall!
ansBer or res"ond to the "oint or question the! Bere maDing rather !ou did Bhat !ou Aeen doing Bith
Coughlin in !our meetings Bith them Bhen !ou get to something that !ou either donFt understand or ha;enFt
thought through ahead o1 time !ou rather than admitting !oursel1 that !ou donFt an ansBer right aBa! and
that !ou might ha;e to thinD !our Ba! through it and ma!Ae e;en met !ou donFt DnoB the ansBer means
Au!ers Bill him Aut that !our clients deser;e 1or !ou to at least tr! to 1igure it out rather than runaBa! in
1ear o1 looDing 1oolish, choosing to sticD to 1amiliar territor! no matter hoB irrele;ant it is, i.e. Bh!
continue to har" on aAout hoB the o11icer canFt 1orce Coughlin ansBered questions Bhen the o11icer told
Coughlin not to talD an!more and didnFt asD him an! more questions at least donDe! didnFt )osa ma! ha;e,
and that is Bhen he BasnFt Aus! attem"ting to e/tort Coughlin A! threatening to call the 6tate Bar and
Aadmouth him.H #.
=eslie so under the statute Bhich codi1ies Aasicall! the -err! doctrine
Cudge the "roAlem Bith -err! is !ouFre talDing aAout s"eci1ic articulaAle 1acts that he has a Bea"on. -err!
talDs aAout s"eci1ic articulaAle 1acts Bhich taDen together lead the o11icer reasonaAl! conclude that criminal
acti;it! ma! Ae a1oot not that he has a Bea"on
=eslie Bhat 2Fm talDing aAout though is the "atdoBn
Cudge 2 understand that ...Aut, !ouFre sa!ing -err! s"eci1icall! sa!s that he has to ha;e s"eci1ic articulaAle
1acts Bhich taDen together lead the o11icer to reasonaAl! conclude ;ideos Bea"onsN
=eslie !es and i1 !ou looD at (7(.(030 the o11icer also has to reasonaAl! Aelie;e that he is armed Bith a
dangerous Bea"on and "oses a threat
Cudge that 2 understand. 2 Bas talDing aAout -err!. -err! itsel1..
=eslie could !ou restate the question 2 Bant to maDe sure 2 understand the court.
4udge the e/cer"t at "age 4 o1 !our Arie1
Transcript of "VIDEO0099 watson we saw you take a phone from a man" (length: 5:15)
Coughlin: looD !ou gu!s ha;e nothing to hide, rightN )ightN 9ou Cust tell me Bhat !ou saB.
DaBson: 2 ha;e nothing to hide Aut !ou...
Nate Zarate: 9ouFre done, dude.
Colton -em"leton: 9ou alread! DnoB Bhat can ha""en to !ou so Bh! do !ou ha;e to Dee" talDing Bith
usN
Coughlin: oDa! so Cust tell meZ 9ou sa! !ou said !ou saB me "icD it u" o11 the groundN 7ho said thatN
Colton -em"leton: ,:(0 marD, Bhereu"on Nate Zarate starts getting aB1ull! 1idgeting and an/ious to shut
an! o1 his 1riends u" Bho res"ond to an! o1 CoughlinFs questions# 2 did not sa! that. 2 Bas here, Aut 2 did
not sa! that.
Zarate: mumAling under his Areath to -em"leton to his immediate right# no no no no no no no...
Coughlin: Bho said thatN 9ou said itN ?otioning to Nicole 7atson#
Nicole 7atson: Be saB !ou taDe a "hone 1rom a man and the "hone Bas not !ours. ,:00 marD, Bhereu"on
Zarate is seen on the ;ideo ste""ing in 1ront o1 7atson and GshushingF her and Ba;ing his arms to indicate
danger or disagreement#
Zarate: donFt, donFt, donFt. 4ust donFt gi;e him an! 1ucDinF thing...
=uc! B!ington: 4ust sto" talDing.
Coughlin: Bhat do !ou ha;e to hideN <od, !ou are going to looD liDe !ou ha;e something to hide noB.
-em"leton: hoB Bas CailN
Coughlin: 2 Bill Ae ha""! to tell !ou on the Bitness stand.
Zarate: i1 2 ha;e to re"ort Bhat 2 saB in court then 2 Bill Aut 2 am not going to 1ucDing tell !ou an!thing.
-em"leton: "ointing had Zarate to -em"letonFs immediate le1t# he 1ucDing saB it all.
Coughlin: and Bhat is !our name motioning to Zarate#
Zarate: 2 am not telling !ou 2 do not ha;e to gi;e !ou m! name.
Coughlin: do !ou ha;e something to hideN
Zarate: 2 told the truth.
-em"leton: !ou BouldnFt gi;e the co"s !our name Bh! do Be need to gi;e !ou oursN ,:47 marD#
DaBson: he! laB!erN
Coughlin: !oung lad! motioning to Nicole 7atson#, !ou sounded liDe !ou Bere Billing to 1ind the truth.
9ou sound liDe !ou didnFt ha;e an!thing to hide.
=uc! B!ington: Be are all against !ou...
Nicole 7atson: Bh! donFt !ou Cust go aBa!, oDa!, Be are ha;ing a good time. (:,+ marD#
Coughlin: Bell, oDa!, !ou said motioning to Zarate# that someAod! "icDed the "hone u" o11 the ground,
Aut !ou said motioning to Nicole 7atson# that someAod! got it 1rom a man, rightN
Zarate: gu!s Bant to Cust go letFs Cust go.
Coughlin so Bhich Bas itN 7hich Bas itN
-em"leton: donFt tri", dude.
Coughlin: Did someAod! get u" 1rom the ground or did someAod! get it 1rom a manN @(:,* marD#
Nicole 7atson: !ou DnoB Bhat ha""ened Bh! are !ou asDing usN 8t this "oint on the ;ideo -em"leton is
re;ealed holding his oBn smart "hone alo1t in a manner indicating that he himsel1 is 1ilming this
interaction# (:(+ marD#
DaBson: he! !ou DnoB this is harassment, aAout...
Coughlin: Aecause, ma!Ae !ou gu!s need to "la! nice, or ho"e1ull! e;er!thing !ou "ut in that a11ida;it is
com"letel! true, otherBise thereFs "erCur! charges, coming !our Ba!, 1iling a 1alse "olice re"ort, Brong1ul
arrest, 1alse im"risonment, then thereFs the Bhole assault and Aatter! and gang acti;it!, !eah !ou all ganged
u" on the Aridge !ou acted as the gang..
DaBson: ha ha 3a and !ou hit our 1riend are !ou Didding meN (:30 marD#
-em"leton: Be Bere tr!ing to hel" our 1riend get his son AacD i1 !ou BouldF;e gi;en it AacD !ou BouldF;e
gone to Cail and Be BouldF;e had all this other stu"id should !ou DnoBs in !our "ocDet the Bhole time
DaBson !ou couldF;e Cust sBalloBed to 1ind out
Coughlin Bith a Aig secret aAout gi;e me !our nameN
DaBson 2 told !ou m! name
Coughlin: Bhat is it, )oAert DaBsonN
DaBson 9es, 6ir.
Coughlin: oDa! Bhat is !our nameN
Nicole 7atson: 2 donFt need to tell !ou.
Zarate: !eah.
Coughlin: Do you have anything you want to say to the 1udge? 0:,( marD#
Zarate: donFt sa! an!thing ...donFt. DonFt sa! an!thing.
Coughlin: BhatFs the Aig secret, Audd!N 9ou sound Dind o1 secreti;e.
=uc! B!ington: there is no 1ucDing secret.
Coughlin: Bhat are !ou so secreti;e aAoutN 21 !ou are so righteous and in the right "laceN 9ou gu!s ha;e
alread! contradicted !oursel;es. 9ou alread! contradicted !oursel1.
DaBson: do !ou got caught red>handed A! a co"
Coughlin to li;e,N Doing Bhat )oAertN 9ou seem liDe !ou are interested in truth
DaBson 2 am interested in should
Coughlin oDa! then -omm! Bhat ha""ened
DaBson: 2 saB called old "hone that clearl! Bas not !ours out o1 !our "ocDet as m!
CoughlinFs meeting "rior to that
DaBson 2 did 2 saB !ou graA the "hone
Coughlin 1rom BhereN
DaBson 1rom a man
Coughlin and Bhat did that man looD liDeN
DaBson: uh, long hair and a Aeard
Coughlin: oDa! and did that man sa! an!thing "rior theretoN
DaBson: 2 he asDed his "hone it Bas in !ou tooD it unlaB1ull!. 0:+3 marD in !ou descriAe Bhere he Bas#
Coughlin: can !ou descriAe Bhere he BasN
DaBson: right here motioning to area on east side o1 sDate "laEe in 1ront o1 the Cal>Ne;a "arDing garage
directl! in 1ront o1 the moAile o11ice structure ice rinD Ausiness o11iceN# located on the east side o1 the sDate
"laEa#.
Coughlin: and did he, liDe, Bhich is liDe in a quite sotto ;oce ;oice# FBhose "hone is thisNFN
Nicole 7atson: no
DaBson: no he Bas !elling it 0:+9 marD#... 3e Bas !elling at
Coughlin: and Bere !ou aAout 3, 1eet 1rom him at that time, !oung lad!N motioning to Nicole 7atson#
DaBson the! are talDing immediate the talDing to me.
Coughlin oDa! still on )oAert 2Fm not interested in an!thing Aut the truth
DaBson Cuggled "hone it Bas unlaB1ull! it Bas unlaB1ul !ou tooD a "hone that Bas not !ours
Coughlin Bould !ou sa! 2 DneB Bas not mineN
DaBson aAsolutel!
Coughlin Bas it a unique i$honeN
-em"leton: no !ou said it Bas out "la!ed Aecause it Bas a 3<. 3:3, marD#.
Zarate: !ou ha;e that "hone.
-em"leton: !ou ha;e three "hones on !ou so Bhich one o1 those is stolenN
Coughlin: None o1 them, "artner.
...
Coughlin: oDa! so go ahead )oAert
DaBson: 2 said Bhat 2 Banted to sa!.
Coughlin oDa! Bell did !ou "ersonall! 2 Bitnessed in taDing a "hone 1rom !our 1riendN
Zach Coughlin: oDa! did !ou "ersonall! e!e Bitness me taDing a "hone 1rom !our 1riendN
)oAert DaBson: 8Asolutel!.
Nate Zarate: 2 did too. 2 did do.
Zach Coughlin: 1rom !our 1riendN 6traight 1rom his Aod!N
Nate Zarate: no !ou tooD it...
)oAert DaBson: no !ou taDe it 1rom someAod! Bho Bas o11ering it 1or someAod!..
Zach Coughlin: and noAod! DnoBs Bho that "erson isN
DaBson no
Coughlin did an!Aod! hear Bhat Bas said AetBeen me and that "ersonN
DaBson: 5m... 2 heard him asDing his i$hone is this...
Nate Zarate:and then you went over there and then he didn't have it anymore.G 4:03 marD#
Coughlin: Did 2 ha;e on head"hones at that timeN
Colton -em"leton: No, the! Bere in !our "ocDet 4:09 marD#
Coughlin: and !ou Bere Batching me "rior to thatN 9ou Bere aBare o1 e/actl! Bhat Bas going on Bith meN
-em"leton: !eah Aecause m! 1riend asDed Bhere his "hone Bas to a Did Bho Bas sitting o;er there
-em"leton ?otions to the Best side o1 the sDate "laEa#...
DaBson: Aecause Be all ha;e i$hone so Be Bere checDing AetBeen all o1 our 1riends Bhose i$hone it Bas.
-hatFs hoB Be DneB it Bas !ou Bho tooD it 1rom the man...4:4' marD o1 V2DE%,,99# 4:49#
Coughlin: did !ou all go u" and talD to the gentleman Bhom !ou said G2 ha;e an i$honeG, or Bhate;er he
said... "rior to me going u" to himN
DaBson: 2 did and then he told me...
Coughlin: 9ou didN
DaBson: !es 2 did.
Coughlin: 9ou Bent u" and talD to him "rior to me going u" to himN
DaBson: !es 2 asDed them 1or the i$hone and
Coughlin: and 2 Aelie;e ...Bas this lad! nearA!N "ointing at Nicole 7atson#...
Zarate: DonFtW 7hat the 1ucDN =ea;e them out o1 this motioning to Nicole 7atson and =uc! B!ington#.
DaBson: no she BasnFt e;en a "art o1 this...+:,+ o1 V2DE%,,99#
-em"leton: the! Bere sitting o;er there in the grass.
Coughlin: oDa!, so !ou "ersonall! Bent u" and talDed to the gu! Bhat did !ou sa! to himN
DaBson: 2 said Fhe! BhereFs that i$honeF, and he "ointed to !ou....+:(4 o1 V2DE%,99#.
-here literall! is Aarel! a single statement A! an! o1 these sDater !ouths or %11icer Duralde that is
com"letel! true or that remains uncontradicted A! some later statement A! one contradicting themsel1, or A!
media e;idence. -o Bit: DaBsonFs statements in V2DE%,,99 contradict each other Bhere DaBson original
claims to ha;e "ersonall! e!e Bitness Coughlin GgraAAingG the "hone 1rom the man onl! 1or DaBson to
later indicate that, GAecause Be all ha;e i$hone so Be Bere checDing AetBeen all o1 our 1riends Bhose
i$hone it Bas. -hatFs hoB Be DneB it Bas !ou Bho tooD it 1rom the man ...4:4' marD o1 V2DE%,,99#.
-hat statement A! DaBson 1urther con1irms the e/tent to Bhich ZarateFs statements on V2DE%,,99
indicate that Zarate Bas l!ing, under oath, at trial, and DaBsonFs oBn ;arious contradictor! statements
throughout V2DE%,,99 as to Bhether DaBson himsel1 G"ersonall! e!e BitnessedG Coughlin GgraAG the
"hone 1rom a man# Bhen he testi1ied that he G"ersonall! e!e BitnessedG in res"onse to a "ointed inquir! A!
4udge 61erraEEa asDing Cust that# Coughlin GtaDe the "hone 1rom the manG, Bhen, on the ;ideo, Zarate
states: Gand then you went over there and then he didn't have it anymore.G 4:03 marD o1
V2DE%,,99#. 7hile, earl! in V2DE%,,99 DaBson asserts that he G"ersonall! e!e BitnessedG Coughlin
GgraA a "hone that Bas not !ours 1rom a manG, DaBson e;entuall! indicates: G2 said, Fhe! BhereFs that
i$honeF, and he "ointed to !ou....+:(4 o1 V2DE%,99#. .urther -em"leton re;eals himsel1 to Ae an
o""ortunistic liar in V2DE%,,99: Bherein, initiall!, he admits that he did not Bitness Coughlin taDing an!
"hone 1rom a man onl! to later in the same ;ideo indicate the o""osite:
8t the ,:(0 marD o1 V2DE%,99: Coughlin: %Da!, so !ou sa! !ou saB me "icD it u" o11 the groundN
-em"leton: 2 did not sa! that. 2 Bas here, Aut 2 did not sa! that.# 3oBe;er, -em"leton contradicts himsel1
minutes later: Coughlin: Did 2 ha;e on head"hones at that timeN Colton -em"leton: No, the! Bere in !our
"ocDet 4:09 marD# Coughlin: and !ou Bere Batching me "rior to thatN 9ou Bere aBare o1 e/actl! Bhat
Bas going on Bith meN -em"leton: !eah Aecause m! 1riend asDed Bhere his "hone Bas to a Did Bho Bas
sitting o;er there -em"leton ?otions to the Best side o1 the sDate "laEa#... #. The point is, all these
young people have demonstrated a marked willingness to lie as to whether they saw something when
really all they base their assertions on is hearsay, conjecture, and circumstantial inferences,
especially with regard to whether any of them actually saw Coughlin take or grab or receive a phone
from a man during the relevant time period. Rather than simply attest to what they actually
"personally eye witnessed", Goble, Zarate, Templton, Dawson take to the practice of the Reno Police
Department, Officer Duralde, and DDA Young, and remix the "facts" to suit their revenue drive, er,
uh, the needs of "justice" (DDA Young is particularly concerned about the "orderely administration
of justice", so much so that he will do basically anything to prevent from having to prosecute
Coughlin with someone like Coughlin actually providing a zealous defense. DDA Young has taken it
upon himself to schedule a hearing on October 22nd, 2012 to get a "fourth bite at the apple" vis a vis
Coughlin's competency determination. (Coughlin just apparently passed his third round of
Competency evaluations, by a total of four mental health professionals, else, how could the Trial date
of October 15th 2012 have been traded for cash and players to be named later in the middle of the
night to WCPD Biray Dogan, representing Coughlin (though Leslie claims to represent Coughlin on
that case too, at least when it suits his needs to so claim...like at the August 6th, 2012 "combo-MSC"
that Leslie claims he went to and at which nothing but Leslie's "advocacy" kept Coughlin out of jail
for a "failure to appear", never mind the fact that Leslie's own legal assistant Linda Gray admits
that Coughlin was not noticed on the hearing in any way given the WCPD Office's marked
Coughlin's address, at the time (PO Box 3961, Reno, NV 89505) as "no longer good" and failed to
send Coughlin any sort of notice in that regard, not even email or fax, which Coughlin has previously
demanded the WCPD so copy via a digitally verifiable means, and "notice" or other communications
(written or otherwise) to Coughlin via email (which is free) and fax. The WCPD's Office has made
like the RMC and carefully avoided the use of email (and the RMC has, apparently, attempted to,
sometimes by "Orders" by "1udge" Cassandra 1ackson, threaten Coughlin with incarceration if he
emails the RMC, or even, renomunicrecordsreno.gov, which is held out to the public for uses which
arguably do not relate to the Reno Municipal Court's operation. Further it is interesting to note that
at the arraignment in the criminal trespass matter that stemmed from the summary eviction order
signed by 1udge Sferrazza in Reno Municipal Court case 11 CR 26405, on October 11th, 2011 (and
despite fax headers and records propound, partially, by the Reno City Attorney's Office only much
later that clearly show ol Sargent Avansino of the Reno-Sparks Indian colony faxed the police report
of the Wal-Mart "candy bar thing", which 1udge Sferrazza somehow knows about and reference on
the record in this iPhone matter, from the arrest of September 9th, 2011, to the Reno City Attorney's
Office on September 13th, 2011. 1udge Gardner, at the arraignment in the criminal trespass case, 11
CR 26406, on October 10th, 2011, however; personally assured and guaranteed Coughlin that the
Reno City ATtorney's Office, did not have that police report, and would not have it, until after that
arraignment...), 1udge William Gardner (brother to 1udge Linda Gardner, whose April 2009 Order
For Sanctions was cited by Washoe Legal 6er;ices as the Gsole reasonG 1or its 1iring Coughlin in ?a!
0,,9#, Bhom re1used to recuse himsel1 1rom that criminal tres"ass case des"ite his Aeing the brother o1
6econd 4udicial District Court .amil! Court 4udge =inda <ardner Bhose 0,,9 %rder A! that "oint Bas
then an o11icial grie;ance Ae1ore the 6BN, and Bhich Bas the suACect o1 CoughlinFs 0,,9 $etition 1or 7rit
o1 ?andamus in +4*44#, and Bhere 4udge 7illiam <ardner had Aeen em"lo!ed as a "rosecutor 1or the
)eno Cit! 8ttorne!Fs %11ice Cust a scant tBo !ears "re;iousl!. -he 1olloBing e/change occurred on the
record during that arraignment and it is included here gi;en the marDed similarit! in tone and Bord choice
"erha"s a 0,,*, Bith 0,(, 6u""lement GNe;ada CourtFs o1 =imited 4urisdiction Bench BooDG thing,
"erha"s not# AetBeen Bhat the )?CFs 4udge <ardner indicates AeloB and that Bhich 4udge 61erraEEa
stated on the record in the i$hone matter, including that stated during the .aretta Can;as and ultra>
summar!, unnoticed quasi>?arsden GhearingG therein#:
3:,,:3, "m#
Cudge <ardner: did !ou get a chance to see the ;ideo toda!N
Coughlin !esterda! 9our 3onor.
4udge <ardner: !ou ha;e an! questions aAout !our constitutional rightsN
Coughlin !esterFs one 9our 3onor
Cudge <ardner go ahead.
Coughlin it seemed in the ta"e !ou Bent into situations Bhere indi;iduals re"resent themsel;es and !ou
made a statement aAout hoB itFs almost alBa!s a Aad idea
4udge <ardner: 2 thinD itFs alBa!s a Aad idea not ha;e a laB!er hoBe;er 2 understand that laB!ers not 1ree.
7e em"lo! note, 4udge <ardner ma! ha;e said Ga""ointG, it is di11icult to discern 1rom the audio# laB!ers
in our cases i1 Be Aelie;e there is Cail time. D52s are mandator! Cail time domestic Aatterers are mandator!
Cail time. 21 our re;ieB o1 the criminal histor! o1 the charges leads us to the conclusion that the cit!
attorne!Fs o11ice ma! seeD some Cail time than Be a""oint laB!ers i1 2 donFt "oint a laB!er 2 maDe note that
the court Bill not Ae im"osing an! Cail time and that the "unishment Bill Ae 1ines or communit! ser;ice
onl!.
Coughlin and those laB!ers are "uAlic de1endersN
<ardner no Be do not BorD Bith the $uAlic De1ender... 7e actuall! contract Bith 1our "ri;ate laB!ers
Bhose AacDground includes e/tensi;e e/"erience in criminal laB criminal laB Bho ha;e Aeen 1ormer Dist.
8tt!.Fs 1ormer "uAlic de1enders and the! are that laB!ers Be canFt quicD sto" the "uAlic de1enderFs o11ice
Coughlin !ou said 1our o1 themN
<ardner: -hereF;e Aeen 1our di11erent ones.
Coughlin Can 2 DnoB their names
<ardner: No, Be do not BorD that Ba! i1 Be gi;e !ou "uAlic de1ender Be gi;e !ou Bhoe;er Be sa! Be
gi;e !ou in this and 2 am not e;en sure Be are going to gi;e !ou one noB... Any other questionsN
Coughlin 2 Cust ha;e one more quicD question. 9ou said itFs almost alBa!s a Aad idea 1or indi;iduals to
re"resent themsel;es. DoesnFt that Dind o1 lead indi;iduals to not Bant to re"resent themsel;es
<ardner 2 donFt to get there a good idea to come the court Bhen are not a laB!er and !ouFre going to Ae
e/"ected snoB the "rocedural rules rules o1 e;idence all the laB to come to court Bith the cit! attorne!s do
this e;er!da! out Bhate;er good idea hoBe;er "eo"le are constitutionall! entitled to re"resent themsel;es
in this countr! thatFs 1or sure
Coughlin BouldnFt the a;erage "erson Batching the ;ideo o1 the Cudge sa!ing GitFs almost ne;er a good idea
to re"resent !oursel1G Z -o ;ieB that then the!Fre "roAaAl! not going to do that
<artner Cust telling !ou. 7hat the! do is their Ausiness. 2 Cust thinD itFs almost ne;er a good idea to come the
court Bithout
a laB!er
Coughlin but when you say it's almost never a good idea to come the court without a lawyer couldn't
that be construed as legal advice you're giving them? (3:02:42 pm)
Gardner: No, it's not legal advice. I am telling you I don't think it's good advice to come the court
without a lawyer. It's not legal advice. Legal advice would be telling you what played enter. Legal
advice to be telling you whether you should testify or not. Legal advice be telling you what witnesses
we should subpoena and those type of things that would be legal advice. Any other questions?
Coughlin Cust one last question 9our 3onor. 21 !ou do re"resent !oursel1, thatFs not held against !ou is itN
3:,3:(3 "m#.
<ardner no, aAsolutel! not. No, no, no... not all "eo"le ha;e a right to do that and "eo"le come in the
hearing re"resent themsel;es all the time and thatFs their right. 2 ne;er hold that against an!Aod!, e;er,
oDa!N Not to the charge Bho arrested on 6e"temAer 9, 0,(( in charge o1 $etit larcen! alleged that !ou
entered into and carried aBa! 1rom 7almart "ro"ert! ;alued at less than I0+,, to that charge Bhat is !our
"laceN
Coughlin not guilt!
Carter Bill Bill enter a "lea o1 not guilt! 1or !ou
Coughlin 2 am sorr!, 9our 3onor, 2 ha;e one more quicD question,
4udge <ardner a""ears to equate "legal advice" Bith that Bhich is considered an in;iolaAle right
o1 indigent criminal de1endants,, sa;e 1or the "art aAout indigents ha;ing an aAsolute right to sel1
re"resentation....7hile Gthe attorne! Bho re"resents himsel1 has a 1ool 1or a clientG is a "o"ular so
amongst Cudges, the "uAlic at large DnoBs o1 courts and him and "rosecutors than the "ro se "art!. -here
is no large a "ain in the necD to Cudges, courts, an o""osing counsel read "rosecutors# than a "ro se
criminal de1endant. -he )?CFs 4udge Nash 3olmes and 4udge 3oBard 1ound encountering such a
situation so terriAl! u"setting that summar! contem"t incarcerations o1 a "ro se attorne! indigent criminal
de1endant Bere signed on to, des"ite the oA;ious lacD o1 terra 1irma incident thereto. 2t is im"ortant to
note 4udge <ardnerFs statements in the criminal tres"ass matterFs arraignment at 3:,(:,,"m: G2 thinD itFs
alBa!s a Aad idea not ha;e a laB!er hoBe;er 2 understand that laB!ers not 1ree. 7e em"lo! note, 4udge
<ardner ma! ha;e said Ga""ointG, it is di11icult to discern 1rom the audio# laB!ers in our cases i1 Be
Aelie;e there is Cail time. D52s are mandator! Cail time domestic Aatterers are mandator! Cail time. 21 our
re;ieB o1 the criminal histor! o1 the charges leads us to the conclusion that the cit! attorne!Fs o11ice ma!
seeD some Cail time than Be a""oint laB!ers i1 2 donFt "oint a laB!er 2 maDe note that the court Bill not Ae
im"osing an! Cail time and that the "unishment Bill Ae 1ines or communit! ser;ice onl!.G
4udge such as similar statements in this i$hone trial. 2t is "lainl! "reCudicial 1or 4udge 61erraEEa
another Cudge Bhose to quote that old chestnut the attorne! Bho re"resents himsel1 has o1 1ool 1or a client
Bhere the court 1ails to mention an! other commonl! held Bith some such as utiliEing a G$uAlic $retenderG
ie, a $uAlic De1ender# is the quicDest Ba! to Ae 1ound guilt! or or the general notion that the "uAlic
de1ender draBs its "a!checD 1rom the same Bell that the Dist. 8tt!.Fs %11ice gets its AeaD Bet in. Courts are
going so 1ar as to endorse the "uAlic de1ender that e;en Cudge 1or %E issued an order that seemed to rule
that an!thing 4im =eslie Bould do in the 1uture in this case Bould Ae deemed e11ecti;e assistance o1
counsel.
-his stated )?C "olic! di11ers 1rom that im"osed on Couglin in the G7al>?art cand! Aar thingG
A! )?C 4udge Jenneth 3oBard in )?C (( C) 00(7', 1olloBing the con;iction rendered at the
conclusion o1 the No;emAer 3,th, 0,(( -rial, Bhich 4udge 3oBard re1used to grant Coughlin a
continuance 1rom des"ite the o""osing counsel in the summar! e;iction matter that Cudge 61erraEEa heard
in;ol;ing Coughlin a""l!ing an unlaB1ul rent distraint in ;iolation o1 N)6 ((* 8.+0,0 not onl! CoughlinFs
clients 1iles and other materials essential to the "ractice o1 laB Aut to e/cul"ator! ;ideos essential to the
de1ense o1 CoughlinFs case in the 7almart cand! Aar thing trial ;ideos Bhich Bould ha;e shoBn and
e/"ress stated retaliator! intent A! 7almartFs loss "re;ention associate and management to ha;e Coughlin
"unished andHor Aanned 1rom 7almarts 1or his a""roach in taDing 7almart to tasD 1or the 1raudulent
manner in Bhich it onl! sometimes stands A! its return "olic!.
-his is interesting this 1ailure to grant a continuance in light o1 the 1act that the cit! o1 )eno Bas
granted a continuance o1 some si/ BeeDs uno""osed A! CoughlinFs then attorne! a""ointed A! the )?C
=eB -aitel, Bhom Coughlin arguaAl! Bas suing at the time gi;en Coughlin %ctoAer (9th, 0,(( laBsuit
1iled in CV((>,3,+( against Ne;ada Court 6er;ices, the landlord, and others the 2.$ suAmitted Bith that
1iling and that suit has 1ailed to "roceed, at this time#. 6till, -aitel undertooD CoughlinFs re"resentation, and
sti"ulated to a continuance Aased u"on the same si/ BeeD ;acation o1 one )ichard <. 3ill, Esq. that 32ll
maintains Bas the reason Bh! the )4C had a si/ BeeD Bait to schedule a 3earing on CoughlinFs No;emAer
('th, 0,(( ?otion to Contest $ersonal $ro"ert! =ien in )4C )e;0,((>,,(7,*, Bith such 3earing onl!
occurring on DecemAer 0,th, 0,((.#. 4udge <ardnerFs statements regarding the )?CFs decision as to
Bhether a court a""ointed attorne! Bill issue Bhere an indigent de1enant is in;ol;ed, di11ers 1rom those
made A! )?C 4udge 3oBard in (( C) 00(7' concerning the same indigent criminal de1enant, Zach
Coughlin. Curiousl!, 4udge 3oBard indicated, in ;iolation o1 the statement o1 8ingersinger in his oBn
Bench BooD, that court a""ointed counsel Bould not Ae "ro;ided Coughlin Bere the GliDelihoodG o1 Cail
time Bas small, e;en though 3oBard "ut Coughlin in Cail an!Ba!s, 1rom No;emAer 3,th, 0,(( through
DecemAer 3rd, 0,(( 1or N)6 00.,3, Gsummar! contem"t committed in the "resence o1 the CourtG, Bhich
"ro;ided a mincing e/"lanation as to hoB such an incarceration CiAed Bith 4udge 3oBardFs 1ailure to
"ro;ide criminal indigent Coughlin counsel in the de1ense o1 that 7al>?art cand! Aar -rial. 8lso, gi;en
that Couglhin actuall!, arguaAl! Bas alread! engaged in suing ci;il! the )?C a""ointed counsel that
4udge <ardner and the )?C ultimatel! a""ointed Coughlin =eB -aitel, Ausiness "artners Bith Ne;ada
Court 6er;ices, Bhom Bas a listed, named "art! in the Brong1ul e;iction, etc. laBsuit Coughlin 1iled, or
suAmitted a G"ro"osed Com"laintG 1or along Bith a ?otion to $roceed 2n .orma $au"eris, on %ctoAer (9th,
0,(( in CV((>,3,+(, Bhile -aitel Bas a""ointed shortl! a1ter the %ctoAer (,th, 0,(( arraignment, and
remained on the case Bell a1ter the %ctoAer (9th, 0,(( 1iling against -aitelFs Ausiness "artners Ne;ada
Court 6er;ices, and Bhere -aitel 1ailed to 1olloB )?C )ule +e# in his 1ailure to 1ile, in Briting, a motion
e/"laining the reasons 1or his BithdraBal though, gi;en the recent questionaAle ?otino to 7tihdraB A!
another o1 CoughlinFs )?C a""ointed de1enders, 3enr! 6otelo, !et another in a long line o1 ?c<eorge
schooled 1ormer "rosecutorFs noB under contract Bith the )?C as Gde1enseG counsel, Bhom did oAe! or
recogniEe N)6 (7*.4,+Fs dictate that, u"on the 6e"temAer +th, 0,(0 %rder 1or Com"etenc! E;aluation A!
4udge 61erraEEa in ha;ing a 6e"temer (*th, 0,(0 ?otion 3earing continued stemming 1rom a 4ul! 3rd,
0,(0 GdisturAing the "eace arrestG o1 Coughlin. detailed immediatel! Cust AeloB#. 3oBe;er, 6otelo did not
manage to Bait until the Com"etenc! E;aluation Bas returned, as he 1iled, on 6e"temAer 3,th, 0,(0 a
?otion to 7ithdraB ;aguel! GthroBing under the AusG his client, Coughlin, Bith allusions to something
Coughlin Bishes to do liDe suA"oena a Bitness or the "olice re"orts that the )$D re1erred to and then
a""ointed Gde1enderG Jeith =oomis 1ailed to oACect to on rele;anc! grounds, at the unnoticed 4ul! +th,
0,(0 Aail hearing, Bherein cit! attorne! 4ill DraDe, Esq. cons"ired Bith )$D 6argent D!e and %11icer 8lan
7ea;er. Consider )ichard <. 3illFs 8""lication 1or a $rotection %rder 1rom 4anuar! (0th, 0,(0 at Bhich
time 32ll and the )$D, and seemingl!, Ne;ada Court 6er;ices, managed to get Coughlin suACect to a
custodial arrest and more cash graA GAailG# 1or GCa!BalDingG...and Bhen Coughlin Bas Aailed out (0 hours
later, )$D %11ier NicD Duralde, along Bith + o1 o1 his close 1riends on the )$D 1orce, "ulled Coughlin
o;er shortl! a1ter midnight to hassle and intimidate Coughlin 1urther, Bhile Aeing ;er! Bell "aid to do so,
Bith a handsome Aene1its "acDage to Aoot Bell, the! did com"lete a long hard G(9 BeeDs o1
trainingG...-hat is called 1irst semester o1 o1 college Bhere Coughlin Bas raised and "atent attorne!
CoughlinFs 1irst semester o1 college at the 5ni;ersit! o1 7ashington, a1ter graduating 1rom )eno 3igh
6chool Bith a 3.9 g"a, a National ?erit .inalist, and )eno 3ighFs all>time leading scorer in AasDetAall#
consisted o1 a lo;el! time s"ent stud!ing Chemistr!, Calculus 22, and 8Anormal 3uman Beha;ior Bith all
the other medical school BannaAe gunners Bhile li;ing on to" ramen and AaDed "otatoes, drenched in rain,
and maDing es"ressos or sandBiches in the 5Fs ca1eteria "art>time#, much less 1irst semester o1 laB school
in an aAandoned grade school at a then unaccredited laB school in Vegas, BorDing the ' to midnight shi1t
at the laB liArar!Fs 1ront desD .rida! through 6unda!, li;ing in a con;erted garage#...though DD8 9oung
and Duralde Aelie;e Ge/"erience and trainingG essentiall! "ro;ides a AlanD checD 1or Duralde to 1eel
"enises, maDing sna""! GhoBFs thatG tag lines Bhile ruining a "ro1essionalFs career and re"utation, not to
mention his "ersonal and 1amil! li1e, to sa! nothing o1 the 1inancial de;astation Brought...# against
Coughlin 3ill sli"s u" and claims that Coughlin Bas GclimAing on the contractorFs trucD, "icDing through
the contentsG AacD at CouglinFs 1ormer home laB a1ter the interaction at the Gtrans1er stationG toBn dum"#,
Bhereas 3illFs contractor indicated in his 811ida;it that the alleged GclimAingG on his trucD occurred at the
Gtrans1er stationG. 3oBe;er, Aoth 3ill and his contractor, $hil 6teBart indicate that the )eno $olice
De"artment GrequestedG that 3ill 1iled a $rotection %rder 8""lication against Coughlin. 21 that is true, its
im"ro"er. -he )$D can "ro;ide indi;iduals in1ormation aAout seeDing one, Aut Bhen the )$D goes a ste"
1urther and starts urging indi;iduals to 1ile "rotection order a""lications, or, as has recentl! Aeen the case
Bith )$D %11icer 8lan 7ea;er and 6argent %li;er ?iller, Bhom, u"on in1ormation and Aelie1, urged
NorthBindFs a"artment maintenance man ?ilan JreAs to sign a 1raudulent criminal com"laint against
Coughlin 1or GdisturAing the "eaceG on 4ul! 3rd, 0,((, and again urged 6u"erior ?ini 6torageFs ?att <rant
to sign a similar Aaseless GdisturAing the "eaceG criminal Com"laint against Coughlin on a""ro/imatel!
6e"temAer 0(st, 0,(0 then there is more than a little indication that the )$D is out o1 control and
attem"ting to incite memAers o1 the "uAlic to sign 1raudulent criminal com"laints Aased u"on a retaliator!
animus A! the )$D toBards Coughlin. %11icer 7ea;er and 6argent D!e shoBed u" to an unnoticed 4ul!
+th, 0,(0 Aail hearing 1or Coughlin, "resided o;er A! 4udge =inda <ardnerFs Arother )?C 4udge 7illiam
<ardner Bhom recei;ed CoughlinFs timel! Notice o1 8""eal o1 the criminal tres"ass con;iction, under
N)6 (*9.,(,, !et 1ailed to 1orBard it on to the District Court, Bhich someBhat recentl! dismissed
CoughlinFs a""eal in that matter, Bherein 6argent D!e and %11icer 7ea;er testi1ied under oath, Bith Cit!
8ttorne! 4ill DraDe singing AacDu", the the e11ectd that, des"ite Aail onl! Aeing ;alid Aased u"on one reason
in Ne;ada to secure the de1endantFs attendance at trial# the G"uAlic health and sa1et!G dictated increasing
the cash required to Aail out Couglin -EN.%=D, 1rom a AondaAle I(,4(+ to a C863 %N=9 I3,,,,.
Consequentl!, u"on 4udge <ardner so im"ermissiAl! raising CoughlinFs Aail, alleging a G"uAlic health and
sa1et!G rationale 1or so doing, Couglin Bas 1orced to s"end (* da!s in Cail, Bherein the o""ortunit! to
timel! contest the I4,,,+, attorne! 1ees aBard to )ichard 3ill incident to the summar! e;iction a""eal ran,
all Bhile Coughlin Bas denied an! o""ortunit! to access Custice or 1ile documents 1rom Cail, and Bhere
Coughlin sustained sign1icant damages, 1inancial and otherBise, and Bhere the Cail re1used to trans"ort
Coughlin to a hearing on a landlord tenant matter Bherein he Bas a named "art!. -he e/tent to Bhich local
laB en1orcement is Billing to "la! GDicD the canG Bith an attorne!, "articularl! Bhere Bar Counsel $at Jing
is so Billing to Coin the chorus, is trouAling, and indicates the Cudiciar! need issue a clarion call out to
announce the e/tent to Bhich such misconduct can not, and Bill not, Ae tolerated. 6uch a retaliator! animus
toBards Coughlin A! the )$D is liDel! due to his 6e"temAer 7th, 0,(( Com"laint Bith res"ect to a
Brong1ul, retaliator!, and 1raudulent arrest A! )$D %11icer Nicholas Duralde, Bhich Bas accom"anied A!
e/tortionate threats A! )$D %11icer )on )osa that i1 Coughlin didnFt coo"erate the! Bould Gcall the
Ne;ada Bar and let them DnoB hoB !ou coo"erated Bith our in;estigation. How's that runninF 1or !aNG
7hile Duralde testi1ied that he did not hear or recall )osaFs coerci;e threats to Coughlin Cust "rior to the
arrest, the 1act that Duralde echoed those threats A! sa!ing GNoB, 2 can arrest !ou 1or larcen!. NoB, 2 can
do a search incident to arrest. How's thatNG tends to undermine DuraldeFs contention that Ghe doesnFt recallG
hearing an!thing liDe Bhat %11icer )osa Bas ca"ture on ta"e sa!ing to Coughlin Cust "rior to the arrest.
5"on maDing a .ourth 8mendment ;iolating arrest com"letel! lacDing in "roAaAle cause, and smugl!
GCoDingG to Coughlin aAout the GAene1itsG associated Bith charging Coughlin Bith a G1elon!G, at the time o1
the 8ugust 0,th, 0,(( arrest, the 1elon! larcen! amount limit Bas I0+, and aAo;e# com"ared to a
misdemeanor under some hal1 AaDed Ggrand larcen!G o1 an allegedl! lost or mislaid or aAandoned three
!ear old i$hone 3< that the alleged ;ictim testi1ied Bas onl! then Borth GaAout I*,>(,,G on eBa! or
Craigslist#, ie, search incident to custodial arrest "ossiAle Bhere "roAaAle cause lacDing to arrest, or e;en
reasonaAle sus"icion missing to do a "at doBn, Bhere alleged crime occurred outside o11icerFs "resence,
a1ter 7 ".m., and no citiEens arrest immediatel! e11ectuated, "articularl! Bhere Coughlin himsel1 made a
9(( call "rior to %11icerFs arri;ing and Bhere ;ideo 1rom minutes "rior to o11icer arri;ing re;eal Coughlin
suggesting the *>(0 hostile late teens to earl! tBenties sDater Aoarders rela/, sta! "eace1ul, re1rain 1rom
assaulting and Aattering Coughlin, and Bait 1or the "olice arri;e so a laB1ul, "eace1ul resolution could Ae
attained Bith Coughlin e;en cautioning the !ouths aAout a then recent tragic death occurring not 1ar 1rom
that location#.
.urther, 4udge 7illiam <ardnerFs res"onse to another o1 CoughlinFs questions at the %ctoAer (,th,
0,(( arraigment in the 7al>?art case, (( C) 00(7' later heard A! 4udge <ardner on No;emAer 3,th,
0,((# is rather interesting:
<ardner: No, we do not work that way i1 Be gi;e !ou "uAlic de1ender
Be gi;e !ou Bhoe;er Be sa! Be gi;e !ou in this and 2 am not e;en sure
Be are going to gi;e !ou one noB... Any other questionsN
Coughlin 2 Cust ha;e one more quicD question. 9ou said itFs almost alBa!s a Aad idea 1or indi;iduals to
re"resent themsel;es. DoesnFt that Dind o1 lead indi;iduals to not Bant to re"resent themsel;es
<ardner 2 donFt to get there a good idea to come the court Bhen are not a laB!er and !ouFre going to Ae
e/"ected snoB the "rocedural rules rules o1 e;idence all the laB to come to court Bith the cit! attorne!s do
this e;er!da! out Bhate;er good idea hoBe;er "eo"le are constitutionall! entitled to re"resent themsel;es
in this countr! thatFs 1or sure
Coughlin: 7ouldnFt the a;erage "erson Batching the ;ideo o1 the Cudge sa!ing GitFs almost ne;er a good
idea to re"resent !oursel1G Z -o ;ieB that "re>arraignment ;ideo 1eaturing 4udge <ardner ominousl!
stating that it is Galmost never a good idea to re"resent !oursel1G then the!Fre "roAaAl! not going to do that..
<ardner: 2 am Cust telling !ou. 7hat the! do is their Ausiness. 2 Cust thinD itFs almost ne;er a good idea to
come the court Bithout a laB!er.
Coughlin Aut Bhen !ou sa! itFs almost ne;er a good idea to come the court Bithout a laB!er couldn't that
be construed as legal advice !ouFre gi;ing themN (3:02:45 pm)
<ardner no itFs not legal advice. 2 am telling !ou 2 donFt thinD itFs good advice to come the court Bithout a
laB!er. 2tFs not legal advic e . Legal advice Bould Ae telling !ou what plea to enter. Legal advice Bould
Ae telling !ou whether you should testify or not. Legal advice Ae telling !ou what witnesses we should
subpoena and those t!"e o1 things that Bould Ae legal advice.
2t is interesting that the ;er! same da! that DD8 9oung and Dogan held their clandestine status
con1erence in )C)0,(0>,'+'3,, and 4udge Cli1ton signed and had 1ile stam"ed at (:3( "m an %rder 1or
Com"etenc! E;aluation a1ter a 3earing "resided o;er A! 4udge 6chroeder, that the 8dministrati;e 4udge
o1 the )?C, De"artment 0Fs 4udge 7illiam <ardner the Arother o1 .amil! Court 4udge =inda <ardner,
Bhose 8"ril 0,,9 %rder 81ter -rial in the 4oshi di;orce matter Bhich s"aBned a $etition 1or 7rit o1
?andamus A! Coughlin in Coughlin ;. 6econd 4udicial D. Ct. +4*44## trans1erred the criminal case
stemming 1rom CoughlinFs 4anuar! (0th, 0,(0 custodial arrest 1or Ca!BalDing in )?C (0 C) ,,'9' to
)?CFs De"artment 3, 4udge Nash 3olmes, li1elong "rosecutor and 1ormer Ne;ada De"artment o1
Corrections 8dministrator, Bhom sentenced Coughlin to + da!s in Cail 1or Gsummar! criminal contem"tG
1olloBing her a""risal o1 CoughlinFs GanticsG and the (:3( "m %rder 1or Com"etenc! E;aluation
stemming 1orm the clandestine status con1erence in )C)0,(0>,'+'3,, u"on 4udge Nash 3olmes
"ersisting on Bith that traffic citation matter rolling sto" incident to Aeing told to lea;e )ichard <. 3illFs
o11ice on No;emAer (+th, 0,(( A! )$D 6argent -arter# at 3:,, "m .eAruar! 07th, 0,(0 in (( -) 0'*,,
u"on her adminstrati;e or Cudicial assistant 1inall! Aeing aAle to ascertain 4udge Nash 3olmeFs
BhereaAouts gi;en that the trial Bas set 1or (:,, "m that da!, Bhich Bas to Ae in con1lict Bith the
clandestine status con1erence AetBeen DD8 9oung and Dogan that Bas set 1or (:3, "m that da!, and 1or
Bhich Coughlin Bas noticed in Briting had Aen reset to ?arch 09th, 0,(0 gi;en such con1lict, Aut 1or
Bhich DD8 9oung and Dogan could not contain their retaliator! Eeal, incident to an atmos"here Bhere
their e/cesses a""arentl! go unchecDed, Bhereu"on the! held their clandestine status con1erence outside
DoganFs client CoughinFs "resence# that the 6tate Bar o1 Ne;adaFs $at Jing re1erences in his recent 6BN
;. Coughlin 6C) (,+ Com"laint Bhich com"rises three grie;ances against Coughlin, including N<(0>
,0,4 "remised u"on )ichard <. 3ill, Esq.Fs 1ormal grie;ance against Coughlin in a 4anuar! (4th, 0,(0
letter, Britten immediatel! a1ter 3illFs ;ieBing CoughlinFs 1iling in the Car"entier ;. 8amesH@=6H)C6
1oreclosure de1ense matter, Bherein Coughlin e/"lains the e/igenc! o1 his 1iling, on 4anuar! (3th, 0,(0,
u"on Aeing released 1rom his tri" to Cail 1or Ca!BalDing, Bhich Bas 1olloBed almost immediatel! A! )$D
%11icer Duralde and 1i;e other o11icerFs "ulling Coughlin o;er shortl! a1ter midnight to intimidate and
hassle him en masse, Bhich Bas 1olloBed less than 3' hours later A! a second custodial arrest in tBo da!s
o1 Coughlin, this time 1or Gmisue o1 9((G, Aoth ordered A! )$D 6argent 6i1re, Bhom ironicall! Bas a "ro
se 1oreclosure de1ense litigant in a "uAlished decision, 6i1re ;. 7ells .argo , and Bhich is the Aasis 1or one
o1 DD8 9oungFs other retaliator! "ersecutions, er, "rosecutions o1 Coughlin in )C)0,(0>,'+'3,. 3oB
interesting it is that Bhen 4udge <ardner issues a list o1 suACects 1or Bhich his issuing Gad;iceF Bould Ae
tantamount to Ggi;ing legal ad;iceG he mentions e/clusi;el! those rights o1 criminal de1endantFs that are
considered Gin;iolaAleG though 1im Leslie seems to either thinD such rights are Gin;iaAleG or otherBise
taDe issue Bith the Bhole Gright to testi1! or notG thing, re1using to "ut on e/cu"lator! ;ideos 1or an!
"ur"ose unless Coughlin agrees to testi1! as to their 1oundation and authenticit!, and thereA! gi;e DD8
9oung all the G!ou o"ened the doorG ro"e he needs to asD Coughlin aAout, "rett! much an!thing that e;er
ha""ened, e;er, in CoughlinFs li1e, under oath.
.rom 0,,7 to 0,,9, Couglhin Bas a domestic ;iolence legal aid attorne! 1ired A! 7ashoe =egal
6er;ices, citing as the Gsole causeG an 8"ril 0,,9 %rder .or 6anctions A! .amil! Court 4udge =2nda
<ardner leading to CoughlinFs 1iring, des"ite 4udge =inda <ardner ha;ing gi;en CoughlinFs "er1ormance a
1a;oraAle re;ieB to 7=6Fs E/ecuti;e Director $aul Elcano u"on his inquiring Cust a cou"le months
"re;iouls! in .eAruar! 0,,9. -o the e/tent )?C 4udge 7illiam <ardner, the Arother o1 .amil! Court
4udge <ardner, re1used ot recuse himsel1 1rom a recent criminal tres"ass case in Bhich Coughlin Bas
con;icted, Bhich in;ol;ed 7=6Fs neB 6i/th 8mendment den!ing EC) attorne! =eB -aitel, Bhom is
Ausiness "artners, a""arentl! Bith Ne;ada Court 6er;ices, Bhich regularl! tres"assed into CoughlinFs gated
AacD !ard o1 his 1ormer laB o11ice, continues to "ractice the unauthoriEed "ractice o1 laB 1or landlords, and
managed to get Coughlin arrest at least once, i1 not se;eral times in the "ast !ear, through its 1raudulent
aAuse o1 "rocess, then there is the 7CD8 continuing to "rosecute Coughlin Bhere "roAaAle cause is
lacDing and ElcanoFs "re;ious statements that the D8 ;ieBed Elcano as Gthe onl! "erson he Bould trust
BithG an EC) earl! case resolution "rogram the suACect o1 a "ending Ne;ada 6u"reme Court case not
in;ol;ing Coughlin# "rogram such as that recentl! "ut in "lace in the 6econd 4udicial District Court. %h,
and the same 7C6% De"ut!, ?achen, Bould 7C6% 6u"er;isor 6tuchell admits 1alsel! attested to ha;ing
G"ersonall! ser;edG the 6ummar! E;iction %rder u"on Coughlin a Coughlin ; ?erliss noB on a""eal
Ae1ore this Court as Bell#...Bell De"ut! ?achen arrested Coughlin on 4ul! 3rd, 0,(0, Bith -aitelFs "artners
Ne;ada Court 6er;ices into and NC6 Cust ha""ened to dri;e A! on No;emAer (0th, 0,(( Bhen Coughlin
Bas arrested 1or criminal tres"ass an in a "atrol car, at the 1ormer home laB o11ice he Bas im"ermissiAl!
e;icted 1rom in a summar! "rocedure, gi;en the non>"a!ment o1 rent Bas neither "led nor alleged o1 such a
commercial tenant, etc...N)6 4,.0+3. %h, also, it Bas 7C6% De"ut! ?achen Bho managed to 1ail to
com"l! Bith the -rial CourtFs 2.$ %rder requiring the 7C6% to "er1orm ser;ice o1 "rocess o1 the
6ummons and Com"laint in CoughlinFs Brong1ul termination laBsuit against 7=6, Bhere an 2.$ Bas
granted. -he 7C6% demonstrated a Bill1ul 1ailure to "er1orm its dut! in curiosu "ro/imit! to CoughlinFs
com"laints regarding the 1alacious 811ida;it o1 6er;ice 1iled A! ?achen ;is a ;is the G"ersonall! ser;edG
6ummar! E;iction %rder at CoughlinFs 1ormer home laB o11ice and the concomitant custodial arrest and
con;iction o1 Coughlin 1or criminal tres"ass, and all the 6oldal ;. CooD Count! and 7heeler ;.Coss
distaste1ulness "resent therein. -he 1act that the circumstances detailed in the 6C) ((7 $etition 7=6Fs
attorne! 4ose"h <arin tacDil! re1ers to in 1ilings Bithe the NV 6. Ct. in;ol;ed a tra11ic citation 1or a
Cali1ornia )oll 1ailure to come to a com"lete sto"# incident to CoughlinFs attem"ting to retrie;e his Ballet
and dri;erFs license much less e/cul"ator! ;ideos necessar! to the de1ense o1 CoughlinFs G7al>?art cand!
Aar thingG trial, 1rom )ichard <. 3ill, Esq.Fs laB o11ice 32ll Aeing the landlordFs attorne!# u"on Coughlin
Aeing released 1rom three da!s in Cail suACect to a custodial arrest 1or criminal tres"ass at his 1ormer home
laB o11ice, des"ite 3ill, ?erliss, and the 7C6% 1ailing to 1olloB the laB under N)6 4,.4,,, N)C$ 'e#,
and N)C$ +A#0#.
Coughlin holds the record in Ne;ada 2nterscolastic 8thletic 8ssociationFs Bo!s BasDetAall )ecord
BooD 1or Aeing aBarded the most 1ree throBs in a career and in a season. 3oBe;er, not all Bere gi;en the
scouting re"ort on his "um" 1aDes Ae1ore the e;ents since, sa!, 8ugust 0,((, and reall!, e;en i1 the! Bere,
so 1olDs are Cust too CacDed u" Bith Banting to AlocD a "la!erFs shot to DnoB Bhen to sta! on the ground.
8lso, Ae1ore )oAert DaBson Aecame aBare that there e/isted a ;ideo o1 the arrest and the rele;ant incident
he demonstrated in ;ideo ,,99 the e/tent to Bhich he Bas Billing to 1urther the 1raud "er"etuated A! Cor!
<oAle and 8ustin =icth! Bith res"ect to the manu1actured allegations that Coughlin GsocDed a minorG
DaBson: ha ha 3a and !ou hit our 1riend are !ou Didding meN (:30 marD# u"on Couglin in1orming the
!ouths o1 the serious charges their 1raudulent and ;iolent conduct ma! incur#.
.urther 8nd DD8 9oung Bas "ro"ounded all o1 these ;ideos and still "ut on and suAorned the
"erCur! is testimon! A! Zarate and DD8 !oung should Ae held in contem"t and a""ro"riatel! sanctioned
1or doing so and to the e/tent he is not the legal "ro1ession and the Cudicial "rocess is this merged in the
e!es o1 the "uAlic and Bill Ae ;ieBed as com"romised, to Ae ;er! ;er! sure. DD8 !oung ma! ha;e
claimed in court on the record that he Cust doesnFt ha;e time to read all the e>mails Coughlin sent him Aut
there is !et to Ae an! indication that DD8 !oung Cust doesnFt ha;e time to catch the generous "a!checD that
the count! "a!s him I(0,,,,, a !ear "lus I4+,,,, in Aene1its to an attorne! Bho could not command
an!Bhere near that "remium in the "ri;ate sector nor Bho Bould enCo! an!Bhere near the largesse a11orded
to him as a re"resentati;e o1 the district attorne!s o11ice. DD8 9oung is drunD on the "osition o1 "oBer he
enCo!s Bith the 7CD8 here and liDe an! CunDie he has gotten slo""! and recDless in his dissi"ation, and
could use a touch o1 tough lo;e at this "oint, or a good Gcome to 4esus talDG. 6ame goes 1or o11icer donDe!.
8t the 4:3* marD, -em"leton is seen on the ;ideo motioning at the "oint Bherein -em"leton
states G!eah, Aecause m! 1riend asDed Bhere his "hone Bas to a Did Bho Bas sitting o;er there...G# to the
Best side o1 the sDate $laEa in 1ront o1 )eno Cit! 3all 1urther con1irming the testimon! A! Zarate the!
<oAle Bas on the o""osite side o1 sDate $arD 1rom Bhere <oeAel had "ur"ortedl! said his "hone doBn on a
ledge, des"ite the 1act that there a""ears to Ae no ledges an!Bhere near Bhere the rele;ant e;ents tooD
"lace. $erha"s itFs a case o1 alleged sounding liDe a more thought1ul "lace to "lace oneFs i$hone then on the
ground in the doBntoBn sDate $laEa late on a 6aturda! night in )eno, Ne;ada# and "resumaAl! re1erencing
5.C gu! Bhom <oeAel testi1ied as Aeing the "erson Bhom he a""roached inquired as to Bhere his "hone
Bas, Bhereu"on <oAle indicated he Ginstantaneousl!G a""roached Coughlin, Bhom <oeAel admits Bas not
attem"ting to 1lee immediatel! turn some "ortions o1 his testimon! onl! tBo remi/es testimon! later in an
attem"t along Bith Zarate to maDe it seem as though Coughlin Bas attem"ting to 1lee Bith the "hone "rior
to an!one con1ronting. Both <oeAel and Zarate seem to "icD u" on the 1act that Bould Ae a De! issue i.e.
the e/tent to Bhich Coughlin lingered around a1ter allegedl! recei;ing the "hone or Bhether Coughlin
attem"ted to 1lee immediatel! suggest an e11ort to 1lee or other larcenous intent Aeing demonstrated A!
Coughlin.
5"on <oeAel and Zarate discerning the im"ortance o1 such "otential 1actual indications their
testimon! quicDl! mor"hed into a remi/ed ;ersion Bhere and the suggestion that Coughlin ma! ha;e
attem"ted to lea;e immediatel! a1ter allegedl! recei;ing the "hone Bas onl! then introduced. Coughlin has
time and again indicated to =eslie in the Bash canFt "uAlic de1enderFs o11ice that Aoth B!ington and in
7atson Bould Ae "articularl! material Bitnesses this regard 2 ha;ing 1irsthand "erci"ient e!eBitness
DnoBledge o1 the 1act that Coughlin did not recei;e the "hone onl! to immediatel! attem"t to 1lee Aut
rather lingered around the scene 1or no less than 9, seconds maDing a cou"le la"s "assed Aoth 7atson and
B!ington Bhere the! Bere stationed near the east side o1 the sDate sDate $laEa Cust Best o1 the moAile o11ice
structure constructed therein, near the "oint Bhere )oAert DaBson can Ae seen on ;ideo ,,99 indicating
Bith the location Bhere the man Bith the si/"acD held alo1t the "hone and o11ered it onl! to then threaten to
throB it in the )i;er and Nicole 7atsonFs admission as to hearing this 1act is ca"tured on audio ta"e onl!
that has Aeen "ro;ided to Aoth DD8 !oung and the "uAlic de1enderFs o11ice. Due to the ;agaries o1 smart
"hones and other digital recording de;ices in e/igenc! o1 the circumstances Coughlin Bas carr!ing as
con1irmed A! -em"leton statements and radio ,,99 a numAer o1 recording de;ices during the 1ilming o1
these in;estigator! ;ideos and audios to insure no data Bas lost through equi"ment mal1unction. -he
"ortion o1 these materials Bere and Nicole 7atson admits to hearing a man threatened to throB the i$hone
in the )i;er Bas ca"tured on an audio recording de;ice onl! set audio Bas "ro;ided to Aoth the "rosecutor
and "uAlic de1enderFs o11ice. 8nd Coughlin is indicated that B!ington Bas standing directl! ne/t to 7atson
at all rele;ant times therein and the "uAlic de1enderFs o11ice has nonetheless re1used to suA"oena losing
B!ington either or "ro;ide an! real indication as to Cust Bhat e11orts Bere made to ser;e a suA"oena u"on
Nicole 7atson and 1urther the "uAlic de1enders o11ices committed misconduct and attem"ting to throB
Coughlin under the Aus A! asserting some lame e/cuse as to Bh! it re1used to assist Coughlin in an! Ba!
and ha;ing 7atson ser;ed A! an a""ro"riate ser;er "rocess#. 2n contradiction to ZarateFs testimon! that
Zarate in1ormed <oeAel as to Bhere his "hone Bas
and GV2DE%,(,,G in that regard "articularl! in light o1 the 1act that his 1alse statements to o11icer DonDe!
resulted in the arrest o1 Coughlin se;en da!s in Cail and untold agon! and destruction to CoughlinFs "ersonal
and "ro1essional li1e. Coughlin has Aarel! s"oDen to his mother or 1ather or sisters since the arrest, the
arrest has Aeen re"orted to the 6tate Bar o1 Ne;ada Bhich is 1iled or attem"ted to 1ile a com"laint Aased in
"art u"on that ;er! arrest and the charge the suACect o1 this trial. But 4im =eslie Bho Bas "aid I((+,,,,
!ear "lus another I4,,,,, Aene1its Bhich actuall! "ails com"ared to Bhat the !ounger 6argent $aul 6i1re
maDes, and Bhom arrested Coughlin tBice in a 4* hour. 2n 4anuar! Bants 1or Ca!BalDing in another time
1or the gross misdemeanor o1 misuse o1 9((, a case 1or Bhich =eslie also re"resents Coughlin on in
)C)0,(0>,'+'3,, along Bith Bira! Dogan it is hardl! 1air to limit the inquir! as to an! con1lict AetBeen
=eslie and Coughlin to onl! matters Bhich stem 1rom this case Bhen =eslie seeDs to Cum" in on the tBo
other cases and maDe arguments directed toBards the totalit! o1 the circumstances o1 CoughlinFs
interactions Bith the Custice court. 7hatFs good 1or the goose is good 1or the gander and i1 =eslie and
9oung can maDe their totalit! o1 the circumstances are manFs mission to de"ri;e call an right to re"resent
himsel1 or to acce"t a "leading Coughlin should Ae aAle to "oint to =eslieFs misconduct 1ailure to
communicate Bith his client andHor to demonstrate reasonaAle diligence are com"etence in connection Bith
his BorD on an! o1 the three cases o1 CoughlinFs to Bhich he is attached. -his includes the 1ailure to noti1!
Coughlin in an! Ba! o1 the ?6C on DnocD in 0,(0 in Aoth )C) 0,(0 [ ,'+'3, and )C) 0,(0 ,'79*, and
then =eslie suAsequent attem"t to co;er that 1act u" or otherBise "ro;ide Coughlin a legitimate o""ortunit!
to taDe ad;antage o1 the mandator! status con1erences that the )eno Custice court has "ut in "lace 1or a
reason and not too, and DD8 9oungFs Bord onl! taDe a second to checD o11 the Ao/ Bhereu"on the 7ashoe
Count! $uAlic de1enders can "at itsel1 on the AacD Bhile looDing doBn on the EC) "rogram des"ite the
1act that it treats the ?6CFs liDe a CoDe. 3oBe;er, the real CoDe here is DD8 9oungFs BorD on all three o1
these cases the state has Arought in the "ast (4 months against Coughlin. 8ll three o1 them are Brong1ul
arrests all three o1 them are retaliator! arrest all three are liDeBise Brong1ul retaliator! "rosecutionFs Bell.
8n! Cudge Bho Bishes to taDe one 1or the team in chiding Coughlin or seeDing to dissuade him 1rom
en1orcing his rights Bhile e/tolling the ;irtues o1 the BorD done in these matters A! the "uAlic de1ender
maDes a risD! Bager Bith his re"utation and 1urther underscores the a""earance in some Bould sa! the 1act
that the District 8ttorne!Fs %11ice e/erts too hea;! and in1luence o;er the Cudiciar! in 7ashoe Count!, so
much so that ;oting machines outlaBed in Cali1ornia consistentl! elect 1ormer de"ut! Dist. 8tt!.Fs andHor
cit! o1 )eno "rosecutors Bhen an actual election is h and him and him and him eld#, and and one
shudders to thinD de"ut! Dist. 8tt!. 9oung someda! donning a AlacD roAe and desecrating the .ourth,
.i1th, and 6i/th 8mendments e;en more than he alread! does on a dail! Aasis#.
.urther, gi;en <oeAel statement on V2DE%,,99, =eslieFs 1ailure to mo;e 1or a continuance or
otherBise seats ha;e -em"leton held in contem"t o1 court 1or his earlier to a""ear on either 8ugust 09 or
6e"temAer + is "articularl! regrettaAle Bhere -em"leton indicates that he Bas near enough to the scene o1
o11icer )osa attem"ting to e/tort Gcoo"eration Bith our in;estigationG or else, at the risD o1 a call A! the
)$D to the GNe;ada BarG Bherein the )$D Bould Gtell the Ne;ada Bar hoB !ou coo"erated Bith our
in;estigationG#, Bherein -em"leton indicates: G !ou BouldnFt gi;e the co"s !our name Bh! do Be need to
gi;e !ou oursN G ,:47 marD#. -hat "ro;es -em"leton is aAsolutel! a necessar!, material Bitness to this
-rial and to the 6u""ression 3earing and that a mistrial and, at least, a redo o1 the 6u""ression 3earing is
in order. .urther, contrar! to -em"letonFs indications, Coughlin did "ro;ide his name, in addition to his
6tate Bar o1 Ne;ada Bar numAer and his "ro1ession, attorne!, to %11icer Duralde, Bhich more than quali1ies
as com"liance under the Gsto" and identi1!G N)6 codi1ication o1 the -err! doctrine in N)6 (7*.(003.
-he Chie1 2n;estigator 1or the 7ashoe Count! "uAlic de1enderFs o11ice, E;o No;aD, told Coughlin
during an in "erson meeting that he didnFt care to in;estigate an! o1 the contradictor! statements re;ealed
u"on a re;ieB o1 the in;estigator ;ideos Coughlin made and the disco;er! "ro"ounded. No;aD told
Coughlin that s"eci1icall! Bith res"ect to the discre"anc! AetBeen ZarateFs Britten #itness statement
and 7uotations attributed to Larate by officer don%ey and the initial arrest report that it #ould all
be chal%ed up to the office searches misstating something or mis7uoting Larate or some other
innocuous reason and :o&a% cheerfully indicated that #as reason enough for him not do any
#or% on this matter( :o&a% also too% care to inform Coughlin that he #ould not be told ho# to do
his $ob( !uch contradictory indications #ere re&ealed in 1)2DC0099, #hich #as made a&ailable
to :o&a%, and contains the follo#ing e4cerpt:
BCoughlin: #ell, o%ay, you said *motioning to Larate, that somebody pic%ed the phone up off the
ground, but you said *motioning to :icole "atson, that somebody got it from a man, right'
Zarate: gu!s Bant to Cust go letFs Cust go.
Coughlin so Bhich Bas itN 7hich Bas itN
-em"leton: donFt tri", dude.
Coughlin: 2id somebody get up from the ground or did somebody get it from a man' *1:0;
mar%,B
21B 40B *7 21B A4+I* A,+ AI+B*0 7ILB0 C*LLBC2B+ <C +B7B,+A,2 C*4G1LI,
+4=I,G 1I0 I,AB02IGA2I*,:
"C+2 -eslie has *and this is e&en capture on the recordings of the 8rial and Hearing on
<otion to !uppress, refused to utliliAe in any #ay *and, apparently, -eslie has not e&en &ie#ed
many of these &ideos, including the one of the arrest. ie, he thin%s 2uralde said the bit about
calling the !tate 5ar, not 9osa, and -eslie thin%s Corey Goble chec% s#ung the s%ateboard at
Coughlin's head, not 9obert 2a#son, etc(, etc(, Any recording #ill ha&e to be authenticated if it is
to be recei&ed into e&idence( 8he easiest method for authenticating a recording is to ha&e one of
the participants to the con&ersation testify that the recording accurately reflects the con&ersation(
8hat may be a#%#ard #here the only participants are an ad&erse #itness and either the trial
attorney or the client( 8herefore, if counsel anticipates entering the recording into e&idence, using
an in&estigator to conduct the inter&ie# is essential( <ore often than not, audio recordings of a
#itness #ill ne&er actually be entered into e&idence( )nstead, if the #itnessJs testimony is
inconsistent #ith the recorded inter&ie#, counsel may impeach the #itness by as%ing him about
the recorded con&ersation or playing the recording for him *through earphones or other#ise out of
the presence of the $ury, and as% the #itness #hether the #itness pre&iously made 4yA
statement, #hich contradicts his abc trial testimony( <ost #itnesses, #hen confronted #ith an
audio recording of themsel&es, #ill admit that they said something different on a prior occasion( )f
they do not, then in the same #ay that prior s#orn testimony, such as grand $ury testimony, can
be admitted into e&idence should the #itness deny ma%ing the prior inconsistent statement,
courts may admit that portion of the authenticated recording #hich directly contradicts the
#itnessJs testimony to sho# the inconsistency( :e# =or%, li%e many $urisdictions, allo#s
con&ersations to be recorded #ith the consent of one party( 8he other party or parties to the
con&ersation need not consent or e&en be told of the recording( !ee :(=( +D:A- -A" U 20(00
*<cKinney !upp( 200F,> :(=( +D:A- -A" U 20(0 *<cKinney 2000,( Cther $urisdictions re7uire
the consent of all parties to a recording( !ee, e(g(, CA-( +D:A- CC2D U E32*a, *"est 1999,>
"A!H( 9D1( CC2D A::( U 9(F3(030*1,*a, *"est 2003,( Cne must %no# the la# not only of the
$urisdiction in #hich the person recording is located, but also the la# of the $urisdiction #here the
other participant is located( )n Grie&ance Committee for the !outhern 2istrict of :e# =or% &(
!imels,;3 the !econd Circuit interpreted 29 F?106*A,*1, narro#ly and determined that an
attorney did not &iolate that rule by inter&ie#ing a non?party *non?codefendant, #itness in a
criminal case e&en though the #itness #as represented by counsel(;6 /nder !imels, it is clear
that attorneys practicing in the !econd Circuit and :e# =or% !tate may contact and inter&ie# a
#itness e&en #here the #itness is represented by counsel( 8he &ictim in a criminal case is not a
party to the action and occupies the same position as any other #itness(; !imilarly, a
cooperating go&ernment #itness in a criminal case is not a party, either( ;3( 6; 0(3d E60 *2d Cir(
199,( ;6( !ee id( at E0?1( After !imels, the A5A changed the language of <odel 9ule 6(2 from
party to person( !ee <C2D- 9/-D! C0 +9C0J- CC:2/C8 9( 6(2 *200F,( ;( !ee, e(g(,
:=!5A Comm( on +rofJl Dthics, 0ormal Cp( 6E3 *19FF, *Commissioner of !ocial !er&ices could
not be deemed counsel to mother in state?initiated paternity proceeding, nor could mother be
deemed a Hparty,I such that mother could be contacted by counsel for respondent father,(
Dhile some investigative techni9ues are prohibited by both the law and the ethics rules
lawyers must also keep in mind their duty of 6ealous representation under both the 0i5th
Amendment and the disciplinary rules which re9uire that a lawyer not intentionally EFfGail
to seek the lawful ob!ectives of the client through reasonably available means permitted
by law(I91 @im -eslie does nothing but co&er his o#n concerns from sun up to sundo#n( 22A
=oung is gi&en the green light to dance all o&er the lines #here professional misconduct begin
and end( :e&ada's :orman :ifong( 5oth are committing sanctionable conduct( 0inally, many of
the traditional in&estigati&e techni7ues used by go&ernment attorneysGunderco&er
in&estigations, secret tape recordings, trespass, document gathering, and contacting represented
indi&idualsGin&ol&e conduct that appears to &iolate the ethics rules( Ad&ancements in technology
no# enable pri&ate attorneys to conduct the same %inds of in&estigations once feasible only by
the go&ernment( "hile the history and tradition that accompanies these la# enforcement
techni7ues ma%e it difficult, if not impossible, for bar associations to issue opinions condemning
these practices, the ethics rules should apply e&enly to both go&ernment and non?go&ernment
attorneys( 91( :(=( CC2D C0 +9C0J- 9D!+C:!)5)-)8= 29 F?101*A,*1, *200F,( 0)GH8):G
0)9D ")8H 0)9D: +9)1A8D A88C9:D=! /!):G 8HD !A<D ):1D!8)GA8)1D 8DCH:)V/D!
A! GC1D9:<D:8 A88C9:D=!: 8HD D8H)CA- A:2 -DGA- CC:!)2D9A8)C:! 0C9
A88C9:D=! CC:2/C8):G ):1D!8)GA8)C:! Gerald 5( -efcourt(
An attorney's deficient performance in connection with a plea can be the basis for an
ineffectiveness claim and defendant's assertion that he would have taken a plea but for
that deficient conduct is sufficient to come within the auspices of the 0trickland pre!udice
prong. 0ee e.g. Dilliams v. %ones ()& 7.Hd &;/I &;8; n.H #&;th Cir. .;;8$ #3a defendant
may prevail on an ineffective assistance claim in this conte5t by demonstrating deficient
performance and pre!udice vi6. a defendant is re9uired to show that counsel's
performance fell below an ob!ective level of reasonableness and that but for counsel's
deficient performance the defendant would have accepted the plea offer and pled guilty.3$
#citing among other cases 4nited 0tates v. Carter &H; 7.Hd &'H. &''. #&;th Cir. &88)$$
cert. denied &H; 0. Ct. HH/( #.;&;$. In Dilliams for e5ample the deficient performance
was counsel's advice concerning the plea agreement>advising Jr. Dilliams he would be
committing per!ury by accepting the plea offer and insisting that Jr. Dilliams proceed to
trial or find new counsel if he wanted to accept it. As the *CCA no doubt recogni6ed the
pre!udice Jr. Dilliams identified was that had he been ade9uately counseled there is a
reasonable probability that he would have accepted the plea offer and limited his e5posure
to ten years. . . . 2he fact that Jr. Dilliams subse9uently received a fair trial #with a much
greater sentence$ simply does not vitiate the pre!udice from the constitutional
violation. . . . 2his would be a very different case had the assistant district attorney
declined to e5tend an offer or revoked it prior to trial. . . . 1owever the *CCA found that
the ineffective assistance occurred when the plea offer was available. 2he evidence
credited by the *CCA suggests a reasonable probability that the plea offer would have
been accepted but for defense counsel's ineffective assistance. Id. at &;8& #emphasis
added$. ,onetheless under the %ulian decision cited in Dilliams to establish pre!udice
the attorney's conduct or lack thereof that the defendant is relying upon must be the
3decisive factor in the defendant's decision to take a plea or opt for trial.3 %ulian v. <artley
'8( 7.Hd '/) '8/ #)th Cir. .;;)$ #emphasis added$K Dilliams ()& 7.Hd at &;8& #citing
%ulian$. 1ere it is undisputed that ?etitioner knew he would have to admit guilt to benefit
from the plea offer. Cet he testified under oath not once but basically three times that he
was not guilty of the girls' allegations notwithstanding his confession because that his
statements to the 7trial assertion that the length of the sentence he could receive #rather
than his asserted innocence$ was the decisive factor in his decision to turn down a ten>
year plea offer would be untenable. +oing so under these circumstances would allow a
criminal defendant to turn trials and appeals into 3trial runs3 and if the outcome is not to
his liking then seek to enforce the more favorable terms of a plea he re!ected. 3FAG
defendant in a criminal case has the right to take the witness stand and to testify in his or
her own defense.3 =ock v. Arkansas '/H 4.0. '' '8 #&8/)$K see also %ones v. <arnes 'IH
4.0. )'( )(& #&8/H$ #3the accused has the ultimate authority to make certain fundamental
decisions regarding the case as to whether to plead guilty waive a !ury testify in his or
her own behalf or take an appeal.3$. 32herefore the 'same logic which dictates that a
criminal defendant may not be compelled to testify by defense counsel also supports the
conclusion that a defendant may not be compelled to remain silent by his or her
attorney.'3 <rown v. Artu6 &.' 7.Hd )H )/ #.nd Cir. &88)$ #9uoting Campos v. 4nited
0tates 8H; 7. 0upp. )/) )8& #B.+.,.C. &88I$$ cert. denied (.. 4.0. &&./ #&88/$. 3+efense
counsel should inform the defendant that he has the right to testify and that the decision
whether to testify belongs solely to him.3 Cannon v. Jullin H/H 7.Hd &&(. &&)& #&;th Cir.
.;;'$ cert. denied ('' 4.0. 8./ #.;;($. 2aking ?etitioner's affidavit as true the only thing
Jr. 7in6el affirmatively did was to recommend that ?etitioner testify. Jaking a
recommendation does not constitute 3deficient3 conduct >> though the decision to testify
or not belongs to the defendant 3counsel can and should advise him of the implications of
this choice.3 Desley v. 0nedeker ./' 7ed. App'5 (.& (.I #&; Cir. .;;/$ cert. denied &.8 0
Ct. 8H8 #.;;8$. 3Counsel should also discuss with the defendant the strategic implications
of choosing whether to testify and should make a recommendation to the defendant.3
Cannon v. Jullin H/H 7.Hd &&(. #&; Cir. .;;'$K see also 4nited 0tates v. 2eague 8(H 7..d
&(.( &(HH>H' #&& Cir.$ #cited by Desley and Cannon$ cert. denied (;I 4.0. /'. #&88.$.
2here is nothing inherently deficient in the recommendation itself since the reality is that
in cases of child se5ual abuse the testimony of a child victim alone is sufficient to support
a conviction.Lfn'' Dith good reason the responsibility for ensuring that the right to testify
is understood by a defendant lies with the defense attorney and not the court.Lfn'(
Leslie's coercive approach in telling Couglhin %udge 0ferra66a would punish
Coughlin for both Leslie putting on a case critical of the =?+ or prosecutor or Coughlin
calling to light such misconduct infringed upon Coughlin's right to decide whether or not
to testify. Coughlin's position is that he did tell Leslie that he wanted to testify both at
2rial and at the 1earing on the Jotion to 0uppress and further that Coughlin wanted to
wait to testify until after the e5culpatory media Coughlin collected was utli6ed in Leslie's
cross>e5aminations #particularly where such would likely limit the scope of Coughlin's
testimony and therefore the scope of 9uestions ++A Coung would be allowed on cross>
e5amination. Leslie flat out refused to call Coughlin or utili6e the videos then
compounded his misconduct by purporting to preserve on the record some failure of
Coughlin to risk going to !ail for contempt #in light of %udge 0ferra66a's multiple rebukes of
Coughlin$ where Coughlin did not !ump up stomping his feet that he wanted to testify
particularly where an entire 2rial was likely still to come in light of Leslie's tepid
arrangement during the 0uppression 1earing
Leslie has continually conceded points and positions to the 0tate where Coughlin
has informed him often in writing no less that Coughlin does not wish to do so. 7urther
this Court may not view Coughlin's 3conduct and behavior3 in a 3totality of the
circumstances3 #read: not going to get real specific or provide any actual articulable
support for our 3you need a competency evaluation3 position much less three of them or
the 3we won't let you represent yourself even though you are a lawyer and even though
you corrected %udge 0ferra66a as to the deadlien to file a ,otice of Appeal a la ,=0
&/8.;H; and even though your filings destroy anything done by either the DC?+ or
DC+A's *ffice regardless of the old chestnut 3its confusing and rambling therefore its
denied without getting to into the specifics...3approach3$. 0o if Coughlin's behavior in
civil eviction matters and other criminal cases is considered in denying his taking a plea
or re9uest to represent himself then Leslie behavior in connection with the two other
criminal matters the DC?+ represent's Coughlin on or has must be considered including
the August Ith .;&. 3combo>hearing unnoticed to the client and decision to set for 2rial
on 0eptember &/th .;&. the =C=.;&.>;I)8/;3 and failure of Leslie to make any sort of
supervisory action vis a vis +ogan's apparent professional misconductd or that of the
DC?+ #see %udge ,ash 1olmes grievance to the 0<, of Jarch &'th .;&. where she
admits to communications from the DC?+ on the gross misdemeanor 3misue of 8&&3 case
=C=.;&.>;I(IH;$ etc. etc. Leslie's behavior under a totality of the circumstances
approach here has been atrocious and arguably should get him suspended from the
practice of law for a significant period of time. 0ame with ++A Coung and <iray +ogan.
7urther Chris 7ortier listed of attorney of record in C=&.>;HI) and %eremy <osler have
affirmatively failed to rectify the breach of Couglin's 1I?AA and privacy rights by +ogan in
announcing confidentail prescription information into the record and before members of
the public and local attorneys at the April .)th .;&. hearing in that matter. Leslie stated
on the record that he didn't reali6e the %uly &Ith .;&. 2rial in the =C=.;&&>;IHH'& was a
32rial3. 1e thought it was some J0C or something #can't totally blame him to the e5tent
the DC?+'s keeps 3combo>packing3 all three of Coughlin's cases into the same hearings
sometimes where one of them is a god damn 2rial for an 0C= &&&#I$ level offense..:.7or
e5ample Jodel =ule H.& includes two sentences the first stating that a lawyer Eshall notM
make frivolous assertions and the second stating that a lawyer in a criminal case Emay
nevertheless so defend the proceeding as to re9uire that every element of the case be
established.M Id. =. H.&. 2he obvious reading is that the second sentence is meant simply
to make clear that the rule against asserting frivolous defenses does not preclude a
criminal defense lawyer from ensuring that the prosecution meets its burden of proof.
,othing suggests that the rule is meant to give the criminal defense lawyer discretion to
re9uire the prosecution to prove its case. Almost certainly that choiceN ethically and
constitutionallyNbelongs to the client
2he difference between not regulating and authori6ing a choice of conduct is
highlighted by the rule re9uiring a lawyer to e5pedite litigation provided that doing so is
Econsistent with the interests of the client.M Id. =. H... 2his rule does not appear to
regulate what lawyers must or may do when e5pediting litigation is not consistent with the
clientOs interests. 0ee id. Bven so it would be surprising to find courts or ethics
committees interpreting the rule as if it affirmatively accords lawyers discretion to delay
whenever delay in and of itself benefits the client. Indeed the comments to Jodel =ule
H.. suggest that a lawyer must consider more than the clientOs desires. 0ee id. cmt. &
#stating that a lawyer who fails to e5pedite must have Esome substantial purpose other
than delayM$. 2his strain of reasoning is evident in the cases that evaluate whether criminal
defense lawyers have performed so ineffectively as to violate the constitutional standards
set forth in 0trickland v. Dashington 'II 4.0. II/ II8P);; #&8/'$. 7or e5ample in
=ompilla v. <eard the 4.0. 0upreme Court considered a lawyerOs failure to investigate.
0ee &.( 0. Ct. .'(I .'I.PIH #.;;($. 2he Court hinted that such a failure by itself might
not have constituted ineffective assistance of counsel. 0ee id. at .'IH #noting that there
was Eroom for debateM on the issue$. 2he Court however held that the lawyerOs failure to
e5amine a file from a previous conviction that the prosecution had turned over and on
which counsel had notice the prosecution intended to rely was unreasonable. 0ee id. at
.'I). %ustice *OConnorOs concurrence noted that the lawyerOs failure to make a choice
rendered the behavior improper because it constituted EQinattention not reasoned
strategic !udgment.OM Id. at .')& #*OConnor %. concurring$ #9uoting Diggins v. 0mith (H8
4.0. (&; (H' #.;;H$$. Januel <errele6 et al. ,ote +isappearing +ilemmas: %udicial
Construction of Bthical Choice as 0trategic <ehavior in the Criminal +efense Conte5t .H
CALB L. R ?*LOC =BA. ..( .I. #.;;($ #lauding the drafters for attempting to reach
Eworkable compromisesM for moral dilemmas$.=. H.H#a$#H$ #EA lawyer may refuse to offer
evidence other than the testimony of a defendant in a criminal matter that the lawyer
reasonably believes is false.M
.Costs in Criminal ?roceedings <. Liability of +efendant S &;/. Costs of prosecutionK
generallyNDitness fees ...2he ta5ing of costs against a convicted defendant does not
generally have an unconstitutional chilling effect on the e5ercise of such rights as the
subpoena of witnesses.F7, & G Dhere a criminal defendant is re9uired to tender the travel
costs of witnesses he or she wishes to call who are prisoners this re9uirement does not
operate to the deprive the defendant of his or her federal constitutional right to
compulsory process where the defendant does not allege that the re9uirement deprived
him or her of any particular witness it is not clear that the re9uirement forced the
defendant to be selective in choosing among potential witnesses and there is no
indication as to what any absent witness might have testified to. Coughlin has provided
both Leslie and the 0tate videos and e5tensive writings about !ust what these witnesses
would testify to or be cross e5amined on. Coughlin has been refused in his demands that
Leslie subpoena #and criminal indigent Coughlin cannot afford the :.( witness fees for
=obert +awson Colton 2empleton 2anner Chan 47C Guy 8&& +ispatchers 0cott Deese
and Jontgomery =?+ *fficers =on =osa and 2homas Alaksa ,Icole Datson and Lucy
<yington as well as the A2R2 Custodian of =ecords and the Bmergency 0ervices and
=?+ Custodian of =ecords #did Goble even own the phone 47C Guys identify remains a
mystery despite Goble admitting he was the 3most physically aggressive with Jr.
Coughlin3 and despite the video of the attack prior to the arrest filmed by Coughlin
showing 47C Guy giving Goble his phone with which Goble appears to make his second
8&& call. 7urther there appear to have been other 8&& calls made that were not
propounded and date stamping and G?0 indicators easily make availalbe a bank of
possible calls even if 2anner Chan did not provide his name he is seen making what one
could assume is a 8&& call on the pre>arrest video.
A criminal defendant has a constitutional right to be heard in his o#n defense, and as
#ith other constitutional rights, a defendant may relin7uish the right to testify through a &oluntary
and %no#ing #ai&er( /(!(C(A( Const(Amend( E !tate &( Dricson, 2011 <D 2;, 13 A(3d FFF *<e(
2011,( -eslie's refusals to use Coughlin's e5cuplatory media collections on cross vilates
Coughlin's right to testify: statute re9uiring that a criminal defendant desiring to testify do
so before any other witness for the defense is an impermissible restriction on the right
against self?incrimination( 5roo%s &( 8ennessee, 60E /(!( E0, 92 !( Ct( 1;91, 32 -( Dd( 2d 3;
*19F2,.
)& A.L.=.Ith & #*riginally published in .;&.$ American Law =eports AL=Ith 2he
AL= databases are made current by the weekly addition of relevant new cases. Ade9uacy
of +efense Counsel's =epresentation of Criminal Client =egarding 0earch and 0ei6ure
IssuesN?retrial JotionsN0uppression Jotions Dhere ,o Darrant Involved George L.
<lum %.+. ...in office the court on review of the defendant's appeal though reversing on
other grounds affirmed the re!ection of the defendant's ineffectiveness claim the court
commenting that given that the criminal defendant was unable to establish that but for his
attorney's failure to file a motion to suppress incriminating evidence the result of his trial
would have differed the defendant's ineffective assistance ...0urther, %im Leslie too% on a
2r( Ke&or%ian 7uality at the Hearing on the <otion to !uppress, cheerfully refusing to $oin in on
Coughlin's filings *#hich arguably cannot be stric%en in light of se&erale rationale, including the
fact that any such <otion to Appear, or !ubsitution of Counsel, or :otice of Appearance by
Coughlin #ent unopposed +ol% style by the !tate, especially in light of the fugiti&e document
nature of 22A =oung's Cpposition to <otion to Appear as co?counsel, filed #ell after the
0ebruary 2Fth, 2012 C9der 0or Competency D&aluation that 22A =oung #as #ell a#are of
already( )t doesn't matter #hen =oung drafted that Cpposition, #hat matters is that he &iolated
:9! 1F;(60 by filing it t#o hours after =oung #as a#are @udge Clifton signed and filed his
Crder for Competency D&aluation, #hich seems to ha&e been based, in part, on 22A =oung and
the "C2A's input *not that any #ritten record of such BmotionsB *Bcounter motionsB or other Bfiling
office des% form re7uestsB or other#ise are reduced to #riting or memorialiAed in any #ay other
than a terse doc%et entry, no matter the reputational damage they ha&e caused Coughlin, nor the
fact that such <otions for Competency D&aluation al#ays come #hen 22A =oung is mad about
Coughlin pointing out his misconduct, 2ogan miffed about someone ta%ing him to tas% for
appearing as attorney of record, then failing to sho# to the arraignment on 0ebruary 13th, 2012
*doesn't matter ho# you usually do it at the "C+2, 5iray(((you don't usually call up client's before
the arraignment li%e you did Coughlin, you don't usually ha&e a 2 hour sit do#n a #ee% before the
arraingnment, but you did #ith Coughlin, and there's more, but not going into it here(((5iray, try
that B=eah, ) appeared as Attorney of 9ecord *after playing Bhey, that's my case #ith Chris
0ortier, my Byeah, ) #ear dar% lens 9ay?5ans inside the court house, so #hat'B comrade,, but )
didn't ha&e to go to the arraignmentB approach in pri&ate practice and #ith the !5:, lemme %no#
ho# that #or%s out for you, you go&ernmental la#yer(((B -eslie has a duty to super&ise 2ogan *its
been -eslie's e4cuse for thro#ing Coughlin under the bus at past <!C's and other hearings from
his perch in the peanut gallery seats, so -eslie has no BoutB concernign his failure to, or apparent
failure to *not really buying this idea that -eslie doesn't %no# #hat the "C+2 communicated
about Coughlin to the 9<C on or before or e&en after the clandestine !C9 11F spa#ning <!C
bet#een =oung and 2ogan *before @udge Clifton or @udge !chroeder, or both, depending if you
read the Crder or the doc%et in 9C92012?0EE30(((,, or #hat -eslie %no#s about 9<C @udge
:ash Holmes participation in or a#areness of the clandestine <!C on 2S2FS12 and the 1:31pm
C9der for Competency D&aluation of that date(((especially consdiering @udge :ash Holmes #as
late to the traffic citation 8rial set for that time in 11 89 2E;00, and that she e&entually did ta%e
the bench, and sentenced Coughlin to days summary criminal contempt incident to that 8rial,
then #rote of Coughlin B7uoting roc% lyricsB, #hen the only lyrics Coughlin could be said to ha&e
7uoted #here in the 0ebruary 21st, 2012 <otion Coughlin filed in 9C92012?0EE30 that #as
critical of 2ogan's half ass representation in that matter( 8hen 22A =oung filed his Cpposition to
Coughlin's <otion to Appear as Co?Counsel at 2: pm on 2S2FS12 *in 9C92011?0E3361,,
despite the import of :9! 1F;(60 and the fact that =oung #as there for the signing and entry of
the 1:31 pm Crder for Competency D&aluation in 9C92012?0EE30 *the statute applies to all the
cases,(
At some point, one has to #onder #hether a bunch of la#yers and $udges need to be
tearing each other do#n as because 9+2 Cfficer 9osa #as Bbusy out here tonightB and because
9+2 Cfficer 2uralde is BannoyedB or BfrustratedB #hen la#yers *B) don't respect you at allB and
Byou're the one accused of doing the fric%in' crimeB, B$ust don't tal% anymoreB, thin% they ha&e
some constitutional rights or that Cfficer 2uralde actually needs to do the leg#or% to figure out if
there is probable cause for each of the elements of the crime he #as charging Coughlin #ith, not
$ust B) am pretty sure you ha&e the i+honeBS$ump straight to Bthat's larcenyB #ith a touch of Blemme
game the system here and pretend ) am too stupid to realiAe an i+hone bought 3 years ago for
W300 is not longer #orth more than W20B by 2uralde( )ts embarrassing ho# #e la#yers and
$udges ha&e let Cfficer 2uralde create a fiasco o&er nothing, #ith a touch of this idiot Cory GobleS
:ate Larate's lying and criminal acti&ity to boot( 8ypically, this is #here a leader li%e @udge
!ferraAAa shines( )f not, Coughlin is rumored to be considering a trip to 5raAil #ith the +eace
Corps(
"hen ) come through, e&erything 'gon stop:
8he follo#ing #as sent to @im -eslie on 8hursday, Cctober 11th, 2012 at E:31 pm to
-eslie's $leslieX#ashoecounty(us email address:
B+lease consider this communication to be the filing of a police report(
=ou guys ta%e action during a pending Competency D&aluation all the time(((see
Goodnight setting the 8rial for <ay after the 2S2FS12 Crder for Competency D&aluation
that 2ogan procured afte, upon information and belief, apparently &iolating my attorney
client pri&ilege #ith 22A =oung and the 9<CS@udge :ash Holmes *and a signed letter
by @udge :ash Holmes the the !tate 5ar of :e&ada dated <arch 12th, 2012 admits to
correspondence and or communications bet#een the "C+2 and 9<CS@udge :ash
Holmes concerning Coughlin, to #hich the "C+2 has steadfastly refused to pro&ide
any ans#ers to Coughlin's 7uestions,(
<r( -eslie, that's the the thing, though( =ou are still collecting a salary base, in part, on
your being listed as my attorney of record( 0or the time being, you ha&e a duty to
represent me( =ou failed to subpoena anybody in this case(((Goodnight managed to
scare 8empleton and 2a#son into sho#ing on @uly 1Eth, 2012 *that #as a 8rial date,
@im, despite your blundering characteriAation of it on the tapeStranscripts of your
abominable BeffortsB at representation at the Hearing on the <otion to !uppress and the
8rial *August 29th, and !eptember th, 2012,(

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

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

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

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

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

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

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

0inally, at this point, after ha&ing again re&ie#ed the documents and e&idence in the
petit larceny case as #ell as ha&ing again re&ie#ed your &arious emails
communications, demands, threats, and suggestions *including those #ith merit and
those lac%ing merit,, it is my intention if ) continue to be your attorney that upon
resumption of petit larceny trial ) #ill call upon you to decide #hether or not you #ill
testify *to date, despite my repeated efforts, you ha&e e&aded pro&iding a straight
ans#er to that 7uestion and ha&e e&en e&aded my attempts to help prepare you for
testimony should you decide to testify,( )f you do not clearly state your desire to testify,
then the presumption #ill be that you #ish to rely on your 0ifth Amendment right not to
be compelled to testify and upon that presumption you #ill not be called as a #itness for
your defense( Cther than you, ) anticipate no defense #itnesses at this point in time,
although ) continued to gi&e that 7uestion consideration and re?e&aluation on an ongoing
basis along #ith re&ie# and re?re&ie# of the file and testimony thus far adduced(

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

8han% you,

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

8he contents of this communication and all accompanying documents and attachments
contain CC:0)2D:8)A- ):0C9<A8)C:, are legally pri&ileged, and are intended for
use and re&ie# only by the party sending same and the intended recipient( )f you are
not the intended recipient, you are hereby notified that any disclosure, copying,
distribution, use or ta%ing any action reliant on said contents are CC:0)2D:8)A- and
strictly prohibited( )f you recei&ed this communication in error, please immediately notify
us at FF?33F?6;00 to arrange return of the original transmittal( 8han% you(

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

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

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

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

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

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

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

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

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

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

8han% you,

0ifth 0loor
9eno, :1 ;909
1?;00?FE2?;031
0a4: FF?33F?6;E


9D: Coughlin:
!ent: <on 10S1S12 1:1 +<
8o:-eslie, @im *@leslieX#ashoecounty(us,> $boslerX#ashoecounty(us
=ou are going to ha&e to loo% at the file type and find a player for it or get a codec pac%
2ino((((#ay to roll the old slee&es up(
?????Criginal <essage?????
0rom: -eslie, @im
!ent: 1 Cct 2012 1:1:10 G<8
!ub$ect: Coughlin:
<r( Coughlin:

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

8han% you,

0ifth 0loor
9eno, :1 ;909
1?;00?FE2?;031
0a4: FF?33F?6;E


&r
!ent: <on 10S1S12 12:0F A<
8o:$leslieX#ashoecounty(us
1 attachment
data?2012?10?1?00?0?39(3gp *10E(E K5,
8itle:-eslie citiAen arrest
Lach Coughlin FF33;;11; +C 5o4 39E1 ;90B
8he duty to be a Aealous ad&ocate re7uires counsel representing a con&icted citiAen to
search for appealable issues if the client #ishes to appeal( !ometimes the issues are ob&ious,
such as #hen the %ey issue in the case #as #hether %ey e&idence should be suppressed as the
fruit of an illegal search or seiAure and, after the denial of an arguable suppression motion, the
client pled guilty( )n that case, a logical place to begin researching the suppression issue #ould
be the !DA9CH A:2 !D)L/9D section of the manual( )n that section the la#yer #ould find that
under the !e&enth CircuitJs decision in /nited !tates &( -iss, 103 0(3d E1F *Fth Cir( 199F, factual
findings are generally re&ie#ed for clear error #hile, under /nited !tates &( Green, 111 0(3d 1
*Fth Cir(,, cert( denied, 11; !(Ct( 62F *199F,, the district courtJs conclusions of la# are re&ie#ed
de no&o( )f the issue in&ol&ed #hether the police had a legal basis for an in&estigatory stop,
/nited !tates &( 8homas, ;F 0(3d 909 *Fth Cir(,, cert( denied, 11F !(Ct( 609 *199E, teaches that
the 7uestion of #hether the stop #as $ustified by Hreasonable suspicionI is re&ie#ed only on the
basis of the information a&ailable to the police at the time of the stop( 8o determine #hether the
particular facts in the case rose to the le&el of Hreasonable suspicion,I counsel might start #ith the
8homas case, and either use the headnotes and the 0ederal 2igest or use either "estla# or
-e4is to search for cases that ha&e more similar facts to determine if they amount to Hreasonable
suspicion(I At other times the appealable issues are not as ob&ious( 8his manual is intended to
help ma%e you a#are of both the ob&ious issues and a number of the less common issues( 0or
e4ample, many defense la#yers and prosecutors seem una#are of the limits on #hat a
prosecutor may argue in closing argument( )f after re&ie#ing the trial transcript, counsel is
concerned that the prosecutorJs statements of fact in his closing #ere not supported by the
testimony at trial, the section on +9C!DC/8C9)A- <)!CC:2/C8 #ould re&eal that in /nited
!tates &( Catton, ;9 0(3d 3;F *Fth Cir( 199E,, the !e&enth Circuit found that re&ersal is re7uired if
the prosecutor misstates the e&idence in his closing and it cannot be determined that the &erdict
#ould ha&e been the same absent the misstatements of fact( !o far, at least in the !uppression
Hearing, =oung has misstated the testimony and other#ise displayed a concerning lac% candor to
the tribunal( 59A2= P&( <A9=-A:2Q: As a matter of due process, the prosecution must disclose
to the defendant any e&idence in its possession, or that is reasonably obtainable, that tends to
e4culpate the defendant( E 9e&ie# of 5rady determinations *#hether 5rady #as &iolated by
go&ernment nondisclosure of e4culpatory e&idence,: abuse of discretion( /nited !tates &( Ashley,
6 0(3d 311, 312?313 *Fth Cir(,, cert( denied, 11E !(Ct( 232 *199,( 8est for 5rady challenge: *1,
that the prosecution suppressed e&idence> *2, that the e&idence #as fa&orable to the defense>
and *3, that the e&idence #as material to an issue at trial( /nited !tates &( !il&a, F1 0(3d EEF,
EF0 *Fth Cir( 199,*citing /nited !tates &( "hite, 9F0 0(2d 32;, 33F *Fth Cir( 1992,,( D&idence is
material only if there e4ists a Hreasonable probabilityI that its disclosure #ould ha&e changed the
result of the trial( /nited !tates &( !il&a, F1 0(3d EEF, EF0 *Fth Cir( 199,*citations omitted,( A
reasonable probability of a changed result e4ists #here the suppression of e&idence Hundermines
confidence in the outcome of the trial(I /nited !tates &( !il&a, F1 0(3d EEF, EF0 *Fth Cir( 199,
*citing Kyles &( "hitley, 11 !(Ct( 1, 1EE *199,*7uoting /nited !tates &( 5agley, 6F3 /(!(
EEF, E;2 *19;,,( 9e&ie# of 5rady determinations on grounds of materiality: abuse of discretion(
/nited !tates &( !il&a, F1 0(3d EEF, EF0 *Fth Cir( 199,( 8est to e&aluate pre$udicial impact of
prosecution failing to turn potentially e4culpatory e&idence o&er to the defendant in &iolation of
5rady &( <aryland: #hether, absent improprieties there is a reasonable probability that
defendants #ould ha&e been ac7uitted( /nited !tates &( 5oyd, 0(3d 239, 26 *Fth Cir( 199,(
9e&ie# of district courtJs decision about #hether to hold a 5rady hearing: abuse of discretion(
/nited !tates &( Austin, 6 0(3d 396, 601 *Fth Cir( 199,( /nder the 0ourteenth Amendment, Bit is
#ell settled that the go&ernment has the obligation to turn o&er e&idence in its possession that is
both fa&orable to the accused and material to guilt or punishment(B /nited !tates &( Hach, 1E2
0(3d 93F *Fth Cir( 199;,*7uoting +ennsyl&ania &( 9itchie, 6;0 /(!( 39, F *19;F,*citing /nited
!tates &( Agurs, 62F /(!( 9F *19FE,,( 8he !tate and 22A =oung appear to be #ithholding other
911 calls, the dispatch recordings *and they do and or did e4ist, and B#atch dispatch told the
officersB has, ob&iously become of material rele&ance in this 8rial, and more than te4t logs is
re7uired, and Coughlin's recording of the arrest ma%es clear the Cfficer's had radio contact(
"hile the Bgo&ernment has an obligation to tender to the defense all e4culpatory records in its
possession, it has no obligation to see% out such information from third parties(B /nited !tates &(
Hach, 1E2 0(3d 93F *Fth Cir( 199;,( Dmergency 2ispatch !er&ices is not a Bthird?partyB( 0urther,
the 9+2 custodian of records response to Goodnight's records re7uest and subpoena is o&erly
limited in that is only purports to ans#er as to #hether those officer's had recordings, not #hether
anyone arguably a part of the B!tateB *ie, not a third party, has them or other 5rady ready
documentation(
INEFFECTIVE ASSISTANCE OF COUNSEL: -he 6e;enth Circuit has
re"eatedl! Barned a""ellate counsel that ine11ecti;e assistance o1 counsel claims should not
Ae raised on direct a""eal, Aut rather "resented in a "etition 1or a Brit o1 haAeas cor"us
"ursuant to 0*
5.6.C. U 00++. 6ee e.g., 5nited 6tates ;. 9acD, (39 ..3d ((70, ((7' 7th Cir. (99*#. -he
reason 1or this rule is that the "resentation o1 an ine11ecti;e assistance claim Bill almost
ine;itaAl! require re;ieB o1 e;idence outside the record on a""eal. 5nless the Aasis 1or the
claim a""ears 1ull! in the record, a""ellate counsel should 1olloB the 6e;enth CircuitRs
ad;ice +9
and sa;e ine11ecti;e assistance claims 1or a haAeas "etition. (See also--Habeas Corpus and
its federal counterpart.)
De1endant re"resented A! di11erent counsel on a""eal ma! raise claim o1 ine11ecti;e
assistance o1 trial counsel on direct a""eal: hoBe;er, Court o1 8""eals Bould onl!
re;ieB counselRs "er1ormance Aased on record at trial, and the de1endant Bould Ae
"rohiAited 1rom challenging trial counselRs "er1ormance in "ost>con;iction
"roceeding. 5nited 6tates ;. ?adoch, (,* ..3d 7'(, 7'+ 7th Cir. (997#.
%n direct a""eal de1endantRs claim o1 ine11ecti;e assistance o1 counsel Bas not ri"e Bhere
record did not "ro;ide clear e;idence su""orting claim. 5nited 6tates ;. <arrett, 9, ..3d 0(,,
0(4>0(+ 7th Cir. (99'#.
8 de1endant Aears a hea;! Aurden Bhen seeDing to estaAlish an ine11ecti;e assistance o1
counsel claim. 5nited 6tates ;. ?onigan, (0* ..3d ',9, '(( 7th Cir. (997#citing 4ones ;.
$age, 7' ..3d *3(, *4, 7th Cir.#, cert. denied, ((7 6.Ct. 3'3 (99'##.
-o estaAlish claim 1or ine11ecti;e assistance o1 counsel, a de1endant must
"ro;e that: (# an attorne!Rs "er1ormance 1ell AeloB an oACecti;e standard o1
reasonaAleness: and 0# the attorne!Rs de1icient "er1ormance "reCudiced the
de1ense. 5nited 6tates ;. ?onigan, (0* ..3d ',9, '(( 7th Cir. (997#citing
6tricDland ;. 7ashington, 4'' 5.6. ''*, '*7 (9*4##.
-o satis1! the 1irst "art o1 the 6tricDland test, a de1endant must identi1! acts or omissions o1
counsel that 1orm the Aasis o1 his claim o1 ine11ecti;e assistance. 5nited 6tates ;. ?onigan,
(0* ..3d ',9, '(( 7th Cir. (997#.
Concerning the second "rong, Gthe de1endant must shoB that there is a "roAaAilit! that, Aut
1or counselRs un"ro1essional errors, the result o1 the "roceeding Bould ha;e Aeen di11erent.G
5nited 6tates ;. ?onigan, (0* ..3d ',9, '(( 7th Cir. (997#citing 6tricDland ;. 7ashington,
4'' 5.6. at '((#.
2ne11ecti;eness claims Aased on a counselRs "er1ormance in connection Bith a
motion to su""ress e;idence do not constitute the t!"e o1 "reCudice
contem"lated A! Stricland. E;idence that should ha;e Aeen su""ressed Aut
1or counselRs incom"etence retained all indicia o1 reliaAilit!, Bhile "reCudice
in the Stricland sense re1ers to un"ro1essional errors that are so egregious
that the trial Bas rendered un1air and the ;erdict rendered sus"ect. 5nited
6tates ;. 4ones, (+0 ..3d '*,, '** 7th Cir. (99*#. ',
8 de1endant Bho desires to BithdraB his "lea Aecause counsel rendered
ine11ecti;e assistance must shoB that ad;ice he recei;ed Bas not Bithin the
range o1 com"etence demanded o1 attorne!s in criminal cases and that there is
a reasonaAle "roAaAilit! that Aut 1or counselRs un"ro1essional errors, the result
Bould ha;e Aeen di11erent. Com"etence in this situation requires the de1ense
counsel: (# Glearn all the 1acts o1 the case and . . . maDe an estimate o1 a
liDel! sentenceG: 0# Gcommunicate the results o1 his anal!sis o1 the caseG to
the de1endant: and 3# Gthe scrutin! must Ae undertaDen in good 1aith.G -he
attorne!Rs anal!sis need not "ro;ide a "recisel! accurate "rediction o1 the
sentence, Aut 1ailure to "ro;ide good 1aith ad;ice aAout the sentencing
consequences o1 a guilt! "lea can shoB a de1icient "er1ormance. 5nited
6tates ;. <BiaEdEinsDi, (4( ..3d 7*4, 79, 7th Cir. (99*# quoting 5nited
6tates ;. Barnes, *3 ..3d 934, 939 7th Cir. (99'##.
7hen anal!Eing "reCudice in the conte/t o1 ine11ecti;e assistance o1 counsel during "lea
negotiations the court should consider Bhether the de1endant estaAlished (# through
oACecti;e e;idence that 0# there is a reasonaAle "roAaAilit! that he Bould ha;e acce"ted the
allegedl! "ro"osed "lea agreement aAsent de1ense counselRs ad;ice. $aters ;. 5nited 6tates,
(+9 ..3d (,43, (,4+>4' 7th Cir. (99*#citing -oro ;. .airman, 94, ..0d (,'+ 7th Cir.
(99(##.
2ne11ecti;e assistance o1 counsel due to a con1lict o1 interest arises Bhen a de1ense attorne! is
required to maDe a choice o1 ad;ancing his oBn interest to the detriment o1 his client. <ra!>
Ae! ;. 5nited 6tates, (+' ..3d 733, 73* 7th Cir. (99*#.
2n order 1or a de1endant to estaAlish that he Bas denied e11ecti;e assistance o1
counsel, he must demonstrate hoB an alleged con1lict o1 interest ad;ersel!
a11ected his laB!erRs "er1ormance. <ra!>Ae! ;. 5nited 6tates, (+' ..3d 733,
73* 7th Cir. (99*#.
8 de1endant is required to demonstrate Aoth an actual con1lict o1
interest and an ad;erse im"act on the laB!erRs "er1ormance in the
de1ense o1 his client. <ra!>Ae! ;. 5nited 6tates, (+' ..3d 733, 739
7th Cir. (99*#.
2n order to estaAlish "reCudice resulting 1rom mistaDes made A! counsel at sentencing the
de1endant must shoB that the sentencing "roceeding Bas unreliaAle or 1undamentall! un1air
such that the error "roduced a signi1icant e11ect on his sentence. $aters ;. 5nited 6tates, (+9
..3d (,43, (,4' 7th Cir. (99*#citing Durri;e ;. 5nited 6tates, 4 ..3d +4*, ++,>+( 7th Cir.
(993##. '(
2n a death "enalt! case, the de1endantRs laB!er is required to conduct a reasonaAle
in;estigation into the "ossiAilities 1or "ro;ing mitigating 1actors that might "ersuade the Cur!
not to im"ose the death "enalt!. -homas ;. <ilmore, (44 ..3d +(3, +(+ 7th Cir. (99*#citing
6tricDland ;. 7ashington, 4'' 5.6. ''*, '9( (9*4##.
G8 reasonaAle in;estigation is not, hoBe;er, the in;estigation that the Aest criminal
de1ense laB!er in the Borld, Alessed not onl! Bith unlimited time and resources, Aut
also Bith the inestimaAle Aene1it o1 hindsight, Bould conduct.G -homas ;. <ilmore,
(44 ..3d +(3, +(+ 7th Cir. (99*#citing JoDoraleis ;. <ilmore, (3( ..3d '90, '9'
7th Cir. (997##.
-he Court o1 8""ealsR re;ieB o1 counselRs "er1ormance is highl! di11erential, "resuming
reasonaAle Cudgment and declining to second guess strategic choices. 5nited 6tates ;.
?onigan, (0* ..3d ',9, '(( 7th Cir. (997#. PRE-TRIAL MOTIONS *,
%n limine motion must Ae reneBed at trial or the oACection is Bai;ed. 7ilson ;. 7illiams, ('(
..3d (,7* 7th Cir. (99*#o;erruling .a;ala ;. CumAerland EngRg. Co., (7 ..3d 9*7 7th Cir.
(994#.
8 motion in limine is merel! s"eculati;e in e11ect, and Ga district Cudge is 1ree, in the
e/ercise o1 silent Cudicial discretion, to alter a "re;ious in limine ruling.G 7ilson ;.
7illiams, ('( ..3d (,7* 7th Cir. (99*#quoting =uce ;. 5nited 6tates, 4'9 5.6. 3*,
4(>40 (9*4##.
5"on reneBal o1 oACections to e;idence at trial that had Aeen "re;iousl! addressed in a
motion in limine, de1ense counsel ma! asD 1or a Gcontinuing oACectionG s"eci1ic enough to
reach the e;idence in dis"ute 1or "ur"oses o1 "ossiAle a""eal. 7ilson ;. 7illiams, ('( ..3d
(,7* 7th Cir. (99*#.
L 8 continuing oACection ser;es . . . to oA;iate re"eated oACections to e;idence admitted Bithin the sco"e o1
courtRs s"eci1ic e;identiar! ruling.G 7ilson ;. 7illiams, ('( ..3d (,7* 7th Cir. (99*#quoting
5nited 6tates ;. <omeE>Norena, 9,* ..0d 497, +,, n.0 9th Cir. (99,##.
8 de1endant Bai;es his right to a""eal a Gtrial courtRs "re>trial ruling that a "rior con;iction
can Ae used A! the "rosecution 1or "ur"oses o1 im"eachment Bhen the de1endant himsel1
Arought out the 1act o1 the "rior con;iction in his direct testimon!.G 7ilson ;. 7illiams, ('(
..3d (,7* 7th Cir. (99*#quoting 5nited 6tates ;. De$riest, ' ..3d (0,(, (0,9 7th Cir.
(993##.
PROSECUTORIAL MISCONDUCT: $rosecutorial misconduct can taDe man! 1orms,
intimidating "otential de1ense Bitnesses, commenting on a de1endantRs silence, or attacDing
de1ense counsel during closing argument. 21 the "rosecution engages in un1air tactics
a""ellate counsel should raise the issue on a""eal.
-he G"ur"ose o1 an o"ening statement is to state Bhat e;idence Bill Ae "resented, to
maDe it easier 1or the Curors to understand Bhat is to 1olloB, and to relate "arts o1 the
e;idence and testimon! to the Bhole.G 5nited 6tates ;. 3all, ('+ ..3d (,9+ 7th Cir.
(999#quoting -esta ;. Village o1 ?undelein, 2ll., *9 ..3d 443, 44+ 7th Cir. (99'##.
2n o"ening statements, it Bould Ae a Grare situation Bhere it Bould Ae a""ro"riate 1or
a "rosecutor to comment on antici"ated de1ense e;idence Aecause a de1endant is
under no oAligation to "ut 1orBard e;idence on his or her oBn Aehal1.G 5nited 6tates
;. 3all, ('+ ..3d (,9+ 7th Cir. (999#. *(
2t is re;ersiAle error Bhen "rosecutor intentionall! 1orces oBn Bitness to in;oDe BitnessesR
.i1th 8mendment "ri;ilege against sel1>incrimination, resulting in an un1a;oraAle in1erence
against the de1endant. 3armon ;. ?cVicar, 9+ ..3d '0,, '04 7th Cir. (99'#.
6hoBing that "rosecutorRs introduction o1 1alse testimon! need not rise to the le;el o1
constitutional ;iolation on direct a""eal: it is enough that the Cur! ma! ha;e reached a
di11erent ;erdict aAsent the 1alse testimon! or i1 the Cur! had DnoBn the testimon! Bas 1alse.
5nited 6tates ;. Catton, *9 ..3d 3*7, 3*9 7th Cir. (99'#.
$rosecutorRs misstatements o1 1act in closing argument, and the 1alse testimon! A! his
Bitness, require a neB trial onl! i1 the! Bere "reCudicial. 5nited 6tates ;. Catton, *9 ..3d
3*7, 3*9 7th Cir. (99'#.
$rosecutorial errors are Beighed Cointl!. 5nited 6tates ;. Catton, *9 ..3d 3*7, 3*9 7th Cir.
(99'#.
8lthough an! error, de1ect, irregularit! or ;ariance Bhich does not a11ect suAstantial rights
shall Ae disregarded .ed.).Crim.$. +0a##, the de1endant "re;ails Bhen the e11ect o1 the error
is a close question. 5nited 6tates ;. -alAott, 7* ..3d ((*3, ((** 7th Cir. (99'#.
-he court em"lo!s a tBo "art test 1or assessing Bhether "rosecutorial remarDs are im"ro"er.
.irst a court looDs to determine Bhether the comments, looDed at in isolation, Bere im"ro"er.
21 the remarDs Bere im"ro"er, the court then looDs at the remarDs in the light o1 the entire
record to determine Bhether the de1endant Bas de"ri;ed o1 a 1air trial. 5nited 6tates ;.
Cusimano, (4* ..3d *04, *3( 7th Cir. (99*#.
21 "rosecutorsR remarDs are 1ound to Ae im"ro"er, a 1i;e>1actor e;aluation o1 the
misstatements determines i1 the "rosecutorRs im"ro"er comments de"ri;ed the de1endant o1 a
1air trial: (# the nature and seriousness o1 the misconduct: 0# the e/tent to Bhich the
comments Bere in;ited A! the de1ense: 3# the e/tent to Bhich an! "reCudice Bas ameliorated
A! the courtRs instruction to the Cur!: 4# the de1enseRs o""ortunit! to counter an! "reCudice:
and +# the Beight o1 the e;idence su""orting the con;iction. 5nited 6tates ;. Cusimano, (4*
..3d *04, *3(>30 7th Cir. (99*# citing 5nited 6tates ;. <ranados, (40 ..3d (,(', (,0(>00
7th Cir. (99*##: 5nited 6tates ;. Jell!, 99( ..0d (3,*, (3(+ 7th Cir. (993#citing Darden ;.
7ainright, 477
5.6. ('*, (*0 (9*'##. *0
-he 6e;enth Circuit has stated that there is a si/th 1actor in e;aluating Bhether a "rosecutorRs
im"ro"er comments de"ri;ed de1endant o1 a 1air trial, namel! Bhether the de1endant had an
o""ortunit! to reAut the "rosecutorRs comments. 6Bo11ord ;. DoAucDi, (37 ..3d 440, 44+
7th Cir. (99*#citing Darden ;. 7ainBright, 477 5.6. ('*, (*(>*0 (9*'# and re1erring to
5nited 6tates ;. ?cClinton, (3+ ..3d ((7*, ((**>*9 7th Cir. (99*##.
-he si/ 1actors are not the onl! rele;ant considerations in assessing the 1airness o1 the
de1endantRs trial: the! are onl! hel"1ul guides in ansBering the ultimate question o1
GBhether the "rosecutorRs comments Qso in1ected the trial Bith un1airness as to maDe
the resulting con;iction a denial o1 due "rocess.RG 6Bo11ord ;. DoAucDi, (37 ..3d
440, 44+ 7th Cir. (99*#citing Darden ;. 7ainBright, 477 5.6. ('*, (*(>*0 (9*'#
quoting Donnell! ;. DeChristo1oro, 4(' 5.6. '37, '43 (974##.
)e;ieB o1 im"ro"er remarDs in closing argument: aAuse o1 discretion. 5nited 6tates
;. =o;elace, (03 ..3d '+,, '+4>'++ 7th Cir. (997#, cert. denied, YY6.Ct.YY, (997 7=
*(,7(9 (99*##.
5nder Lin;ited res"onseM doctrine, "rosecutor ma! maDe reasonaAle Aut otherBise im"ro"er
res"onse to im"ro"er de1ense argument. 5nited 6tates ;. 4ohnson>Di/, +4 ..3d (09+, (3,+
7th Cir. (99+#.
-he issue on a""eal under the Lin;ited res"onseM doctrine is Bhether the "rosecutorRs
in;ited res"onse taDen in conte/t un1airl! "reCudiced the de1endant. 5nited 6tates ;.
4ohnson>Di/, +4 ..3d (09+, (3,+ 7th Cir. (99+#.
-est to determine Bhether "rosecutorial misconduct Bas harmless: trial is ;ieBed as a Bhole
and Court o1 8""eals re;ieBs strength o1 "rosecutionRs case, Bhether curati;e instruction
Bas gi;en to Cur!, Bhether im"ro"er details Bere argued to Cur! during "rosecutionRs closing
argument, and length and com"le/it! o1 trial. 5nited 6tates ;. )oAinson, * ..3d 39*, 4(( 7th
Cir. (993#.
-he trial court ma! e/ercise Aroad discretion in controlling closing arguments and in
ensuring that argument does not stra! undul! 1rom the marD. 5nited 6tates ;. 7aAles, 73(
..0d 44,, 449 7th Cir. (9*4#.
-o assess allegations o1 im"ro"er ;ouching in closing argument, the Court o1 8""eals 1irst
considers the "rosecutorRs remarDs in isolation. 21 the remarDs are im"ro"er in the aAstract,
the Court o1 8""eals then re;ieBs them in the conte/t o1 the entire *3
record and asDs Bhether the! denied the de1endant a 1air trail. 5nited 6tates ;. 8le/ander,
('3 ..3d 40' 7th Cir. (99*#5nited 6tates ;. 4ohnson>Di/, +4 ..3d (09+, (3,4 7th Cir.##.
2n re;ieBing allegations o1 im"ro"er ;ouching, the Court o1 8""eals e;aluates se;eral
1actors: (# the nature and seriousness o1 the statement: 0# Bhether the de1ense counsel
in;ited it: 3# Bhether the district court su11icientl! instructed the Cur! to disregard it: 4#
Bhether de1ense counsel had the o""ortunit! to res"ond to the im"ro"er statement: and +#
Bhether the Beight o1 the e;idence Bas against the de1endant. 5nited 6tates ;. 8le/ander,
('3 ..3d 40' 7th Cir. (99*#.
)e;ieB o1 the denial o1 a motion 1or neB trial on the grounds o1 im"ro"er ;ouching: aAuse o1
discretion. 5nited 6tates ;. 8le/ander, ('3 ..3d 40' 7th Cir. (99*#.
&riffin error comment on de1endantRs 1ailure to testi1!#:
8 "rosecutorRs direct re1erence to a de1endantRs 1ailure to testi1! ;iolates the
de1endantRs "ri;ilege against com"elled sel1>incrimination. <ri11in ;. Cali1ornia, 3*,
5.6. ',9 (9'+#.
&riffin ;iolation is re;ieBed using a tBo>ste" anal!sis: the "rosecutor must ha;e made
im"ro"er remarDs and, in light o1 the entire record, the remarDs must ha;e de"ri;ed the
de1endant o1 a 1air trial. 5nited 6tates ;. 6enn, (09 ..3d **' 7th Cir. (997#: 6ee also 5nited
6tates ;. Butler, 7( ..3d 043, 0+4 7th Cir. (99+#.
-he .i1th 8mendment 1orAids direct Gcomment A! the "rosecution on the accusedRs silence or
instructions A! the court that such silence is e;idence o1 guilt.G 5nited 6tates ;. ?cClellan,
('+ ..3d +3+ 7th Cir. (999#quoting <ri11in ;. Cali1ornia, 3*, 5.6. ',9, '(+ (9*+##.
-he .i1th 8mendment also "rohiAits indirect commentar! on the de1endantRs decision not to
testi1!. 5nited 6tates ;. ?cClellan, ('+ ..3d +3+ 7th Cir. (999#.
2ndirect comment on the de1endantRs decision not to testi1! occurs Bhere the
go;ernment characteriEes its o11er o1 e;idence o1 as GuncontradictedG, GundeniedG,
GunreAuttedG, Gundis"utedG, GunchallengedG, or Guncontro;ertedG and the onl! "erson
ca"aAle o1 contradicting, den!ing, reAutting, dis"uting, challenging, or contro;erting
the e;idence at issue is the de1endant. 5nited 6tates ;. ?cClellan, ('+ ..3d +3+ 7th
Cir. (999#. *4
Interference with attorney-client relationship:
21 "rosecutorial misconduct denies de1endant right o1 counsel or an! other
1undamental right o1 a criminal de1endant, including the right to an im"artial Cudge or
to trial A! Cur!, it is re;ersiAle error regardless o1 Bhether it Bas "reCudicial or
harmless. 5nited 6tates ;. DiDomenico, 7* ..3d 094, 099 7th Cir.#, cert. denied, ((7
6.Ct. +,7 (99'#.
7hen "rosecutorRs closing argument Bas a constitutional ;iolation in this case, indirect
comment on de1endantRs 1ailure to testi1! and im"ro"erl! ;ouching 1or "rosecution
Bitnesses#, "rosecution must "ro;e Ae!ond a reasonaAle douAt that de1endant Bould ha;e
Aeen con;icted aAsent "rosecutorRs unconstitutional remarDs. 5nited 6tates ;. Cotnam, **
..3d 4*7, 499>+,, 7th Cir.#, cert. denied, ((7 6.Ct. 30' (99'#.
2m"ro"er G"rosecutorial remarDs standing alone cannot Custi1! a neB trial unless the!
Qundermined the 1airness o1 the trial and contriAuted to a miscarriage o1 Custice.RG 5nited
6tates ;. 3all, ('+ ..3d (,9+ 7th Cir. (999#quoting 5nited 6tates ;. 9oung, 47, 5.6. (, ('
n. (4 (9*+# and citing 5nited 6tates ;. ?eal!, *+( ..0d *9,, 9,3 7th Cir. (99*#
recogniEing that Ge;en i1 the "rosecutor engaged in im"ro"er conduct, Be must re>e/amine
the im"ro"er remarD in light o1 the entire record to determine Bhether the remarD de"ri;ed
the de1endant o1 a 1air trial.G##.
-he 6e;enth Circuit Bill not Glightl! o;erturn a con;iction Qon the Aasis o1 a "rosecutorRs
comment standing alone, 1or the statements or conduct must Ae ;ieBed in conte/t: onl! A! so
doing can it Ae determined Bhether the "rosecutorRs conduct e11ected the 1airness o1 the
trial.RG 5nited 6tates ;. 3all, ('+ ..3d (,9+ 7th Cir. (999#quoting 5nited 6tates ;. 6aadeh,
'( ..3d +(,, +0( 7th Cir. (99+#quoting 5nited 6tates ;. 9oung, 47, 5.6. (, (( (9*+##.
-o determine Bhether a "rosecutorRs remarDs amount to "reCudicial error, a court Gmust
consider the "roAaAle e11ect the "rosecutorRs Aeha;ior Bould ha;e on the Cur!Rs aAilit! to
Cudge the e;idence 1airl!.G 5nited 6tates ;. 3all, ('+ ..3d (,9+ 7th Cir. (999#quoting
5nited 6tates ;. 9oung, 47, 5.6. (, (0 (9*+##.
$rosecutorRs comments to Cur! during closing arguments Bere im"ro"er in that the! a""ealed
to CurorsR emotions and in;ited the Cur! to consider the social consequences o1 its ;erdict:
"rosecutor im"ro"erl! "ut the Curors in the citiEen BitnessR "lace A! asDing hoB the Curors
Bould 1eel i1 the Curors Bere called liars Bhen the! attem"ted to hel" in the a""rehension and
"rosecution o1 the de1endant. -he "rosecutor also im"lied that i1 the Cur! disAelie;ed the
citiEen Bitness, "eo"le Bould Ae more reluctant *+
to come 1orBard to testi1! 1or 1ear that the! too Bould Ae called liars. 5nited 6tates
;. ?organ, ((3 ..3d *+, 9, 7th Cir. (997#.
$rosecutorial ;indicti;eness: 6ee V2ND2C-2VE $)%6EC5-2%N
6E8)C3 8ND 6E2Z5)E: 6earch and seiEure issues are go;erned A! the .ourth 8mendment.
8lthough the Court o1 8""eals re;ieBs a district courtRs 1inding o1 historical 1acts 1or an aAuse o1
discretion, the district courtRs legal determinations are re;ieBed de no;o. -hus, donRt Ae a1raid to
challenge a district courtRs re1usal to su""ress e;idence on a""eal.
Contrar! to DD8 9oungFs assertions, Coughlin is challenging e;er!thing, including the legalit! o1
the Gsto"G or Gdetenti Bere onG, that the call to the i$hone Bas a search, Bhether there e/isted su11icient
G"roAaAle causeG e;en i1 an!thing connect to the "at>doBn is throBn out to maDe and arrest and conduct a
search incident thereto =eslie tries to throB aBa! these arguments des"ite Coughlin demanding that he not
do so. G6hoelessG 4im =eslie...CoughlinFs 0H(+H(0 $re>-rial ?otions Bas not some hacD CoA, it Bas good
BorD, and Bas onl! 99 "ages, Bith 77 "ages o1 an E/hiAit, and the ;er! things 4udge 61erraEEa asDed 1or at
-rial actual e/am"les o1 -err! st!le rulings in the laB# Bere meticulousl! culled A! Coughlin Bho is a
Borld class legal researcher, in 1act, e;en 4udge 61erraEEa admitted CoughlinFs gra"s o1 the minutieua is
GBithout equalG, and, contrar! to elections sa;e Bush ;. <ore#, one little detail could turn the Bhole case,
so there is no G1orest 1rom the treesG analog! to Ae made here, and e;en i1 there Bas, !ou DnoB Coughlin
Bould Ae that gu! li;ing in a tree>house Bith Bi>1i gi;ing the loggers the Ausiness and 1iling Veri1ied
Com"laints 1or 2llegal =ocDout.
And, arguably, Coughlin being handcuffed well after any "weapons check pat down" had
been done sufficient to dispel any sense of danger, and thereby preventing Coughlin from checking
more tactilely whether Duralde had removed the iPhone from Coughlin's left front short's pocket
(and there is plenty of evidence to suggest that he did, including the statements of Coughlin at the
3:45 mark (do you have a right to be searching my pockets right now?") on the video of the arrest
and those made by Goble at the 4:45 ish mark (related to the iPhone not being in Coughlin's left
front short's pocket). If the phone was not off already, Coughlin could have arguably turned it off or
prevented Duralde from taking the iPhone from Coughlin's pocket (pre-arrest) and then later
"remixing" the order of things for his PC Sheet. But the biggest problem for Duralde and the State
is there just aint no sound of an iPhone vibrating in the audio from the video Coughlin took of the
arrest (and the arrest is announced along with the "how's that?" tagline by Duralde at the 5:05
mark, AND COUGHLIN SWEARS UNDER PENATLY OF PER1URY THAT HE DID NOT
ALETER THE AUDIO OR VIDEO OF THE ATTACHED AND PREVIOUSLY PROVIDED TO
THE STATE AND PUBLIC DEFENDER ARREST VIDEO IN ANY WAY...and there just ain't no
vibrating sound, period, and the HTC G2 smart phone Coughlin used to record teh arrest was top of
the line at that time, and recording audio and video in HD, better than CD quality audio, and it
shows, as a great deal of variety and detail is heard on the audio rendered with the video of the arrest
(and the visuals are largely a black screen considering Coughlin put the G2 in his pocket shortly into
Officer Duralde's arrival. Further, it is highly doubtful that one of these youth's ("we all have
iPhones states Rob Dawson in VIDEO0099) did not make some recording of the arrest of an attorney
whom they clearly detested, yet Evo Novak and the WCPD, and 1im Leslie failed to send out a single
subpoena duces tecum despite Coughlin's numerous requests.
.urther, =eslie, and e;en <oodnight, clearl! 1ailed to maDe an!thing other than a tri"le Aoge! on
the 6u""ression ?otion, 1ailing to in an!Ba! maDe argument or citation 1or the "osition that in1ormation
gleaned 1rom an im"emissiAle "at doBn or e/tended detention is necessaril! ine/tricaAle 1rom an! "roAaAle
cause anal!sis that "ur"orts to e/cise the 1ruits o1 such an im"ermissiAle -err! 6to" and .risD.
222. $)%6EC5-%)28= ?26C%ND5C- 8ND EV2DENCE %. <52=- ..................... 7+4 8. -he
JnoBing 5se o1 $erCured -estimon!..................................... 7+' 22. $)%6EC5-%)28= 2N-EN- 8ND
-3E DEC262%N 8B%5- 73% 8ND 738- -%
$)%6EC5-E...................................................................................... 730 4ustice 4acDson, in a 1amous
address gi;en in (94, Bhen he Bas the 8ttorne! <eneral, noted that LSBThile the "rosecutor at his Aest is
one o1 the most Aene1icent 1orces in our societ!, Bhen he acts 1rom malice or other Aase moti;es, he is one
o1 the Borst.M', -he "roAlem Bith "rosecutorial discretion is oA;ious: insulating a "rosecutorRs actions
1rom Cudicial re;ieB can lead to ;iolations o1 citiEensR rights through the arAitrar! or, Borse, male;olent
e/ercise o1 authorit!.'(',. )oAert 3. 4acDson, -he .ederal $rosecutor, 04 4. 8?. 45D2C8-5)E 6%CR9
(* 4une (94,#. '(. 6ee JENNE-3 C5=$ D8V26, D26C)E-2%N8)9 456-2CE: 8 $)E=2?2N8)9
2N@52)9 (*9 (9'9# LE;en i1 Be assume that a "rosecutor has to ha;e a "oBer o1 selecti;e en1orcement,
Bh! do Be not require him to state "uAlicl! his general "olicies and require him to 1olloB those "olicies in
indi;idual cases in order to "rotect e;enhanded CusticeNM#. .ranDl!, it is Cust 1lat emAarassing the e/tent to
Bhich Coughlin has Aeen Cailed 1or a total o1 (3 da!s this !ear A! area Cudges on summar! contem"t
charges alone, all in connection Bith Coughlin merel! tr!ing to Eealousl! ad;ocate on his oBn Aehal1
6econd 4udicial Dist. Ct. 4udge 6te;en Elliot, and )?C 4udges Nash 3olmes and Jenneth 3oBard>and,
reall!, gi;en the ruling at the 4ul! +th, 0,(0 Aail hearing, )?C 4udge <ardner should ha;e (* da!s more
incarceration attriAuted to him in the log o1 CoughlinFs "unishment A! local Cudges 1or attem"ting to
actuall! access Custice, so that Bould Ae 34 da!s o1 incarceration this !ear 1or Coughlin Aased alone on
Cudicial 1indings o1 summar! contem"t Bhere Coughlin ado;ocated "ositions that might tend to sloB doBn
the Aill collection "rocess, er, administration o1 Custice in courts in 7ashoe Count!# all dis"la!ed certain
qualities that 1ear o1 re"risal alone "re;ent Coughlin 1rom uttering an assessment o1#. No Cudge is throBing
DD8 9oung in Cail, and he commits misconduct regularl!. 6o does 42m =eslie, and mal"ractice to Aoot.
-he legitimac! o1 7ashoe Count! Courts is liDel! u" 1or "uAlic deAate to the e/tent there is such an
une;enhandedness a""lication 1o the summar! contem"t state, N)6 00.,3,. 21 Bould Ae interesting to
DnoB i1 DD8 9oung is related to the "rosecutor sanctioned 1or contem"t in 9oung ; Douglas Count!. 8.
Vindicti;e $rosecutions: 2snRt -hat 7hat 9ouRre $aid .orN........ 734 V2. $)%6EC5-%)28=
?26C%ND5C- 8ND -3E $)%B=E? %. )E?ED9.... B. 6anctioning $rosecutors Directl!...........
-he JnoBing 5se o1 $erCured -estimon!: 8""arentl! DD8 9oung does not Bant to let the Cit!
o1 )eno "rosecutors liDe Christo"her 3aElett>6te;ens, $amela )oAerts, 8llison %rmaas, and, "erha"s, 4ill
DraDe# ha;e all the 1un...as DD8 9oung himsel1 got in on the act and committed the JnoBing 5se o1
$erCured -estimon!, es"eciall! in light o1 the e/cul"ator! ;ideos Coughlin "ro;ided 9oung the D8Fs
o11ice res"onse to those ;ideos, and the one o1 <oAle "roCected a lit cigarette into CoughlinFs should 1rom
tBo 1eet aBa! consideted o1 threating Coughlin Bith a Gdissuading a BitnessG charge, and, "erha"s, taDing
some action that contriAuted to CoughlinFs laB license Aeing sus"ended on 4une 7th, 0,(0, a mere + hours
a1ter sending DD8 9oung and D8 <ammicD the ;ideo Coughlin ca"tured o1 <oAle "roCecting that lit
cigarette into CoughlinFs shoulder 1rom tBo 1eet aBa!, in addition to some commentar! A! Coughlin
directed to the iniquit! o1 the )eno $olice De"artment 1ailing to in;estigate arrest and her "rosecute all
such an act "articularl! Bhere at that time o1 her nine months o1 District 8ttorne!Fs %11iceFs resources had
Aeen de;oted to and retaliator! "ersecution or "rosecution, that is, o1 Coughlin. Coughlin sent D8
<ammicD and DD8 9oung the email on 4une 7th, 0,(0 at ((:3* am, and recei;ed electronic notice o1 a
tem"orar! sus"ension o1 his laB license A! a "anel o1 three 4ustices A! 3:3, "m that da!.#. -he gross
misdemeanor "rosecution in our C) 0,(0 [ ,'+'3, Bhere Coughlin Bas actuall! granted to "rotection
orders against a domestic ;iolence connected to the roommates un"rom"ted CoughlinFs called 9(( u"on the
disa""earance o1 his dog is "articularl! indicati;e o1 a retaliator! animus selecti;e "rosecution ;is>_>;is
Coughlin Bere <oAle called 9(( o;er a "hone in the "olice in these "arts res"ond aB1ull! quicDl! 7almart
hollers aAout a cand! Aar or Bhen )ichard 3ill 1eels ominous tres"ass it Bould )ichard 3ill admits to
taDing a ladder 1rom CoughlinFs 1ormer home o11ice "articularl! Bhere such latter Bas necessar! to aid in
CoughlinFs remo;ing his "ersonal "ro"ert! during the scant time accorded him under the courtFs order the
)eno $olice De"artment 1ails to "rosecute re1ises to do so...
6electi;e $rosecution: 9ou CanRt <et -here .rom 3ere
8 ;indicti;e "rosecution claim "uts a court in an uncom1ortaAle "osition Aecause it "its the "rosecutorRs
Aroad discretion against the Cudicial 1unction o1 ensuring Custice rather than sim"l! ser;ing as a ruAAer
stam" 1or the e/ecuti;e Aranch. 8 claim o1 selecti;e "rosecution, on the other hand, "ermits Cudges to Ba/
eloquent aAout the need 1or 1air administration o1 Custice under the Equal $rotection ClauseRs clear limit on
a "rosecutorRs discretion. -he 6u"reme Court has noted on more than one occasion that La "rosecutorRs
discretion is QsuACect to constitutional constraints,RM((3 and a "rosecution LAased u"on Qan unCusti1iaAle
standard such as race, religion or other arAitrar! classi1icationRM cannot Ae "ermitted.((4 -he constitutional
"edigree o1 the Equal $rotection ClauseRs "rohiAition on selecti;e "rosecutions is im"eccaAle, reaching
AacD to the CourtRs (**' decision in 9icD 7o ;. 3o"Dins.((+ -hat case o;erturned the denial o1 a Brit o1
haAeas cor"us 1or a de1endant Bho su11ered 1rom the sheri11Rs en1orcement o1 a munici"al ordinance onl!
against laundries oBned A! Chinese>8mericans and not others. 9icD 7oRs language has Aecome the
standard 1or measuring unequal a""lication o1 a laB:
-hough the laB itsel1 Ae 1air on its 1ace, and im"artial in a""earance, !et, i1 it is a""lied and administered
A! "uAlic authorit! Bith an e;il e!e and an unequal hand, so as "racticall! to maDe unCust and illegal
discriminations AetBeen "ersons in similar circumstances, material to their rights, the denial o1 equal
Custice is still Bithin the "rohiAition o1 the
actual ;indicti;eness#: 6tate ;. 3alling, '70 $.0d (3*', (3** %r. Ct. 8"". (9*3# indicating that
"rosecutorRs statement linDing neB charges to de1endantRs re1usal to "lead guilt! e11ecti;el! admitted
;indicti;e moti;e#.
((0.
$ro1essor )eiss notes that, a1ter BordenDircher and <oodBin, Lit is sim"l! unclear Bhat actual
"rosecutorial ;indicti;eness is . . . . -hus, man! entirel! legitimate "rosecutorial actions could Ae said to Ae
"uniti;el! or retaliatoril! moti;ated.M )eiss, su"ra note 0', at (3*7.
((3.
5nited 6tates ;. 8rmstrong, +(7 5.6. 4+', 4'4 (99'# quoting 5nited 6tates ;. Batchelder, 440 5.6. ((4,
(0+ (979##.
((4.
2d. quoting %!ler ;. Boles, 3'* 5.6. 44*, 4+' (9'0##.
((+.
((* 5.6. 3+' (**'#.
constitution.(('
2n the late (9',s, the selecti;e "rosecution door o"ened Arie1l!, Bhen 1our loBer court decisions 1ound that
the go;ernment had Aased its decision to "rosecute on im"ro"er criteria. -he cases are interesting mainl!
1or their historical character, re;ealing that Cudges Bere caught u" in the "olitical tenor o1 the era: three o1
these cases in;ol;ed acts o1 ci;il disoAedience and one re1lected the groBing "erce"tion that laB
en1orcement agents used o;erBrought in;estigator! tactics against 1ringe grou"s.((7
2n 5nited 6tates ;. .alD,((* the 6e;enth Circuit re;ersed the con;iction o1 a dra1t resistance leader 1or
selecti;e ser;ice ;iolations.((9 -he court Bas trouAled A! the a""arent selection o1 the de1endant 1or his
"rotest acti;ities, 1inding the circumstances sus"ect Aecause a numAer o1 high>ranDing De"artment o1
4ustice o11icials re;ieBed and a""ro;ed the decision to Aring charges.(0,
6imilarl!, in 5nited 6tates ;. CroBthers,(0( the .ourth Circuit o;erturned con;ictions 1or creating a
disturAance at the $entagon during a "ra!er ser;ice "rotesting the Vietnam Bar.(00 -he court 1ound an
Equal $rotection ;iolation Aecause the go;ernment had not "rosecuted "artici"ants in si/teen other e;ents
that had Aeen sanctioned A! the go;ernment Aut had the same disru"ti;e e11ect as the de1endantsR
conduct.(03
2n 5nited 6tates ;. 6teele,(04 the Ninth Circuit o;erturned the con;iction o1 an anti>go;ernment acti;ist 1or
re1using to 1ill out a census 1orm Bhen the go;ernment could not shoB an! other de1endants Bho had Aeen
charged Bith the same crime, asserting that LSaTn en1orcement "rocedure that 1ocuses u"on
(('.
2d. at 373>74.
((7.
2n;ol;ement in anti>Bar acti;ities, hoBe;er, did not insulate one 1rom criminal "rosecution, as shoBn A!
the success1ul "rosecutions o1 $hili" Berrigan and EliEaAeth ?c8lister, tBo "rominent acti;ists. 6ee 5nited
6tates ;. Berrigan, 4*0 ..0d (7( 3d Cir. (973# u"holding con;iction 1or smuggling items into 1ederal
"rison a1ter trial in Bhich district court re1used to "ermit de1endants to call "rosecutors as Bitnesses to
estaAlish selecti;e "rosecution de1ense #.
((*.
479 ..0d '(' 7th Cir. (973# en Aanc#.
((9.
6ee id. at '04.
(0,.
6ee id. at '00 L2t is di11icult to Aelie;e that the usual course o1 "roceedings in a dra1t case requires such
care1ul consideration A! such a distinguished succession o1 o11icials "rior to a 1ormal decision to
"rosecute.M#. 2t is equall! di11icult to com"rehend hoB care1ul re;ieB o1 a case demonstrates im"ro"er
selecti;it! in the e/ercise o1 "rosecutorial discretion. 6uch a "rocess should diminish the "ossiAilit! o1
un1air use o1 authorit!, not increase it.
(0(.
4+' ..0d (,74 4th Cir. (970#.
(00.
6ee id. at (,*(.
(03.
-he court stated, L2n choosing Bhom to "rosecute, it is "lain that the selection is made not A! measuring the
amount o1 oAstruction or noise Aut Aecause o1 go;ernmental disagreement Bith ideas e/"ressed A! the
accused.M 2d. at (,79.
(04.
4'( ..0d ((4* 9th Cir. (970#.
the ;ocal o11ender is inherentl! sus"ect.M(0+
.inall!, in 5nited 6tates ;. )oAinson,(0' a district court o;erturned the con;iction o1 a "ri;ate detecti;e 1or
using an illegal Bireta" Aecause go;ernment agents had s!stematicall! ;iolated the same statute in
in;estigations o1 le1t>Bing organiEations Bithout e;er Aeing "rosecuted. -he district court cited to a numAer
o1 articles and AooDs detailing go;ernmental aAuses o1 ci;il liAerties through electronic sur;eillance,
leading to the conclusion Lthat there has Aeen s!stematic discrimination in the en1orcement o1 the act
against the de1endant in this case . . . .M(07
-hese 1our cases, decided during a relati;el! Arie1 "eriod o1 signi1icant "olitical turmoil, re"resent the sum
total o1 re"orted selecti;e "rosecution cases decided in a de1endantRs 1a;or. -he ;irtual im"ossiAilit! o1
"ro;ing a selecti;e "rosecution claim can Ae traced to the sentiment e/"ressed in %!ler ;. Boles,(0* in
Bhich the 6u"reme Court recogniEed that Lthe conscious e/ercise o1 some selecti;it! in en1orcement is not
in itsel1 a 1ederal constitutional ;iolation.M(09 7hile recent decisions rea11irm the constitutional "rohiAition
on unequal a""lication o1 the laB in deciding Bho to "rosecute, the Court also has eliminated an!
meaning1ul Cudicial inquir! into the "rosecutorRs actual moti;ations. 8lthough grounded on di11erent
constitutional "ro;isions, the conclusions reached in selecti;e and ;indicti;e "rosecution cases are
striDingl! similar: the Court Bill not com"el "rosecutors to Custi1! their decisions A! 1orcing them to
disclose the reasons 1or charging a de1endant Aecause those statements are unliDel! to 1urnish an! use1ul
in1ormation and ma! in 1act Ae less than 1orthright.
2n 7a!te ;. 5nited 6tates,(3, the Court shoBed a decided lacD o1 s!m"ath! toBard equal "rotection claims
in;ol;ing the e/ercise o1 "rosecutorial discretion, ado"ting an a""roach that diminished signi1icantl! a
de1endantRs chance o1 success in raising a claim that the "rosecutor singled him out 1or criminal charges
Aased on an im"ermissiAle criterion. -he Court in 7a!te, re;ealing hoB attitudes had changed since the
Vietnam Bar era, reinstated the indictment o1 a de1endant Bho re1used to register 1or the dra1t des"ite
e;idence that the go;ernment selected him 1or "rosecution under a "olic! that made ;ocal
(0+.
2d. at ((+0.
(0'.
3(( ..6u"". (,'3 7.D. ?o. (9'9#.
(07.
2d. at (,'+.
(0*.
3'* 5.6. 44* (9'0#.
(09.
2d. at 4+'.
(3,.
47, 5.6. +9* (9*+#.
"ro"onents o1 non>registration more liDel! to Ae charged.(3( -he Court held that, to demonstrate selecti;e
"rosecution, a de1endant must shoB that the go;ernmentRs decision Lhad a discriminator! e11ect and that it
Bas moti;ated A! a discriminator! "ur"ose.M(30 $roo1 o1 discriminator! intent required a de1endant to
demonstrate Lthat the go;ernment "rosecuted him Aecause o1 his "rotected acti;ities,M not Cust that his
in;ol;ement in "rotected s"eech Bas one reason 1or the decision to "rosecute.(33 2n im"osing a high
threshold 1or "roo1 o1 a selecti;e "rosecution claim, the Court em"hasiEed the "roAlem Bith Cudicial
scrutin! o1 the go;ernmentRs reasons 1or choosing to "ursue a "articular de1endant. -he Court stated that
LSeT/amining the Aasis o1 a "rosecution dela!s the criminal "roceeding, threatens to chill laB en1orcement
A! suACecting the "rosecutorRs moti;es and decision maDing to outside inquir!, and ma! undermine
"rosecutorial e11ecti;eness A! re;ealing the <o;ernmentRs en1orcement "olic!.M(34
-he Aurden estaAlished A! 7a!te 1or a selecti;e "rosecution claim Bas hea;! Aut certainl! not
insurmountaAle i1 de1endants had some means o1 ascertaining the "rosecutorRs moti;es. -he Court,
hoBe;er, made ascertaining "rosecutorsR moti;es nearl! im"ossiAle in 5nited 6tates ;. 8rmstrong.(3+ -he
8rmstrong Court ;irtuall! ruled out the a;ailaAilit! o1 disco;er! to determine Bhether an im"ermissiAle
criterion su""lied the "rimar! reason 1or selecting the de1endant. -he district court dismissed an indictment
1or selling cracD cocaine a1ter the 5nited 6tates 8ttorne!Rs %11ice re1used to com"l! Bith an order
requiring it to "ro;ide in1ormation regarding "rosecutions 1or similar o11enses and Lto e/"lain its criteria
1or deciding to "rosecute theST de1endants 1or 1ederal cocaine o11enses.M(3'
(3(.
6ee id. at ',3. ?oreo;er, the de1endant Bas among a rather e/clusi;e grou" o1 !oung men numAering less
than 0, out o1 a total o1 a""ro/imatel! '74,,,, non>registrants "icDed 1or "rosecution. 6ee id. at ',4 K n.4.
(30.
2d. at ',*.
(33.
2d. at '(, citing $ersonnel 8dministrator o1 ?assachusetts ;. .eene!, 440 5.6. 0+', 079 (979##. 6ee also
Barr! =!nn Creech, Note, 8nd 4ustice 1or 8ll: 7a!te ;. 5nited 6tates and the De1ense o1 6electi;e
$rosecution, '4 N.C. =. )EV. 3*+, 4,* (9*'# L.rom the maCorit!Rs equal "rotection anal!sis, it a""ears
that a de1endant must introduce a ;irtuall! direct shoBing o1 discriminator! moti;e to estaAlish a "rima
1acie case o1 selecti;e "rosecution.M#.
(34.
7a!te, 47, 5.6. at ',7.
(3+.
+(7 5.6. 4+' (99'#.
(3'.
2d. at 4+9. -he de1endants had mo;ed to dismiss the indictment Aecause the! claimed that 1ederal
"rosecutors selected them Aecause o1 their race. 8ccording to the de1endants, the 1ederal go;ernment
"rosecuted onl! 81rican>8mericans 1or cracD o11enses. 8ccording to in1ormation 1rom the 1ederal
de1enderRs o11ice, all o1 the 04 cracD cocaine cases de1ended A! that o11ice in (99( in;ol;ed a AlacD
de1endant. 6ee id. -he go;ernment re1used to com"l! Bith the disco;er! order, leading the district court to
dismiss the indictment. 6ee id. at 4'(.
7ithout considering the merits o1 the selecti;e "rosecution claim, the 6u"reme Court 1ocused on Bhether
the de1endants had made the requisite shoBing to oAtain disco;er! o1 the "rosecutionRs moti;es. 2t Aegan
A! noting the LAacDground "resum"tionM 1or a selecti;e "rosecution claim Lthat the shoBing necessar! to
oAtain disco;er! should itsel1 Ae a signi1icant Aarrier to the litigation o1 insuAstantial claims.M(37 -he
standard ado"ted indeed created a signi1icant Aarrier. L2n order to dis"el the "resum"tion that a "rosecutor
has not ;iolated equal "rotection, a criminal de1endant must "resent Qclear e;idence to the contrar!.RM(3*
8rmstrong e11ecti;el! required "roo1 o1 an equal "rotection ;iolation Ae1ore a court could alloB the
de1endant to engage in disco;er! o1 the "rosecutionRs moti;e. 6uch disco;er! Bould then Ae used to
estaAlish the equal "rotection ;iolation.
-he circularit! o1 the 8rmstrong standard could not ha;e Aeen lost on the Court, des"ite its assertion that
the high threshold 1or estaAlishing in;idious discrimination Ldoes not maDe a selecti;e>"rosecution claim
im"ossiAle to "ro;e.M(39 $erha"s not im"ossiAle, Aut 8rmstrong maDes the standard o1 "roo1 necessar!
Cust to oAtain disco;er! so rigorous that it is di11icult to see hoB raising such a claim can Ae an!thing Aut an
e/ercise in 1utilit!.(4, 7ithout e/"licitl! sa!ing so, the Court made "rotection o1 "rosecutor moti;es
"aramount to the de1endantRs aAilit! to assert a selecti;e "rosecution claim.(4(
(37.
6ee id. at 4'3>'4.
(3*.
2d. at 4'+ quoting 5nited 6tates ;. Chemical .oundation, 070 5.6. (, (4>(+ (90'##.
(39.
2d. at 4''.
(4,.
6ee 8ndreB D. =ei"old, %ACecti;e -ests and 6uACecti;e Bias: 6ome $roAlems o1 Discriminator! 2ntent in
the Criminal =aB, 73 C32.>JEN- =. )EV. ++9, +74>7+ (99*# LS-There is no douAt that 8rmstrong
cri""les a de1endantRs aAilit! to attacD race>Aased decisionmaDing Bhen it occurs.M#: )ichard 3. ?c8dams,
)ace and 6electi;e $rosecution: Disco;ering the $it1alls o1 8rmstrong, 73 C32.JEN- =. )EV. ',+, '4,
(99*# L-he 8rmstrong holding and the im"lications o1 its reasoning create a Aarrier to disco;er! that, 1or
the great maCorit! o1 criminal cases, is insu"eraAle.M# em"hasis in original#: 8nne BoBen $oulin,
$rosecutorial Discretion and 6electi;e $rosecution: En1orcing $rotection 81ter 5nited 6tates ;. 8rmstrong,
34 8?. C)2?. =. )EV. (,7(, (,79 (997# LSDTes"ite the CourtRs reassuring language to the contrar!, the
Qcontrol grou"R and Rsimilarl! situatedR requirement "oses an insurmountaAle Aarrier 1or man!
de1endants.M#: 6te"hen D. Cl!mer, 5nequal 4ustice: -he .ederaliEation o1 Criminal =aB, 7, 6. C8=. =.
)EV. '43, '*3 (997# L8lthough theoreticall! stringent, the "rohiAition on discriminator! selecti;e
"rosecution is largel! meaningless in "ractice Aecause courts require that a de1endant raising such a claim
"ro;e Aoth discriminator! e11ect and discriminator! intent, Aurdens that are all Aut im"ossiAle to satis1!.M#:
)eiss, su"ra note 0', at (373>74 L8 de1endant seeDing to raise a selecti;e "rosecution claim is thus "laced
in a Catch>00 t!"e Aind. 6he cannot oAtain disco;er! unless she 1irst maDes a threshold shoBing . . . o1
selecti;e "rosecution. . . . 9et maDing a su11icient "reliminar! shoBing o1 discriminator! intent ma! Ae
im"ossiAle Bithout some disco;er!.M#.
(4(.
C1. ?c8dams, su"ra note (4,, at '4( n.(,9 L2 do not thinD it is "lausiAle to de1end 8rmstrong A! claiming
that the harm o1 unnecessar! disco;er! greatl! e/ceeds the harm o1 undetected raciall! selecti;e
"rosecution, unless one raises the oACection to dismissal Sas the remed! 1or a ;iolationT.M#.
C%5<3=2N 3E)EB9 $)E6E)VE6 .%) 8$$E8= -3E 2665E )E=8-ED -3E 5ND5E
$)E45D2CE -% C%5<3=2NF6 DE.EN6E 7)%5<3- B9 4%E <%%DN2<3-6 E=EVEN-3 3%5)
E&2- .)%? -3E C86E, $8)-2C5=8)9 73E)E <%%DN2<3-6 786 )E$=8CE B9 =E6=2E,
73%? C%5<3=2N 38D 8=)E8D9 38D 8 -E))2B=E )E=8-2%N632$ 72-3, EVEN 73E)E
%N=9 =2?2-ED 2N-E)8C-2%6N 38D %CC5)ED, %NE 2NC=5D2N< 8 62-58-2%N 73E)E
=E=62EF6 )E.568= -% D% 326 4%B )E65=-ED 2N 8 )4C B82=2.. 38V2N< 8 -$% .2=ED
8<82N6- 32? 73E)E 3E )8N 2N-E).E)ENCE .%) =E6=2E 8ND -3)E8-ENED -% $5- 326
G.%%-G 5$ C%5<3=2NF6 G866G, all said in 1ront o1 =eslie.
-he JnoBing 5se o1 $erCured -estimon!
-he a""lication o1 the due "rocess "rotection to disco;er! o1 the "rosecutionRs e;idence traces its roots to
?oone! ;. 3olohan,(+* a case in Bhich the de1endant, a laAor agitator, 1iled a "etition 1or a Brit o1 haAeas
cor"us alleging that the go;ernment ;iolated his constitutional rights A! introducing 1alse e;idence that he
detonated a AomA in a croBd in 6an .rancisco.(+9 8lthough the Court reCected the "etition on "rocedural
grounds, it "aused to note that due "rocess could ne;er Ae satis1ied Lthrough the "retense o1 a trial Bhich in
truth is Aut used as a means o1 de"ri;ing a de1endant o1 liAert! through a deliAerate dece"tion o1 court and
Cur! A! the "resentation o1 testimon! DnoBn to Ae "erCured.M(', Because the Court did not grant the
de1endant an! relie1, it did not need to consider Bhat test should a""l! to determine Bhether the
go;ernment ;iolated due "rocess in "resenting 1alse testimon!.
6imilarl!, in $!le ;. Jansas,('( the Court im"lied that using 1alse testimon! ;iolated due "rocess, in
re;ieBing an allegation that the go;ernment used "erCured testimon! to con;ict the de1endant. 8s in
?oone!, the de1endant sought a Brit o1 haAeas cor"us Aased on the "rosecutorRs intentional use o1 "erCur!
to
(+7.
6ee id. at *7.
(+*.
094 5.6. (,3.
(+9.
.or a discussion o1 the 1acts underl!ing ?oone!, see Note, -he $rosecutorRs Constitutional Dut! to )e;eal
E;idence to the De1endant, 74 98=E =.4. (3', (3' (9'4#. 8 later in;estigation o1 the ?oone! "rosecution
1ound that the go;ernmentRs Bitnesses had lied at the instigation o1 the 6an .rancisco District 8ttorne!. 2d.
(',.
094 5.6. at ((0.
('(.
3(7 5.6. 0(3 (940#.
oAtain a con;iction.('0 -he Court, hoBe;er, onl! 1ound that the de1endantRs allegations, i1 true, Bould
su""ort granting the Brit, and did not discuss due "rocess Ae!ond a "er1unctor! acDnoBledgment o1 the
"rotection.('3 -he CourtRs re1erences in ?oone! and $!le to testimon! LDnoBn to Ae "erCuredM and 1alse
e;idence LDnoBingl! usedM indicated that the "rosecutorRs DnoBledge, and not Cust that o1 the l!ing
Bitness, Bas im"ortant to determining Bhether the de1endantRs due "rocess right had Aeen ;iolated.('4
?oone! and $!le in;ol;ed allegations that the go;ernment manu1actured e;idence A! ha;ing its Bitnesses
testi1! 1alsel! to con;ict innocent men. 8lcorta
;. -e/as stated that 1alse testimon! includes not onl! a11irmati;e misstatements, Aut also the 1ailure o1 a
Bitness to Ae entirel! truth1ul.('+ -he de1endant in 8lcorta o11ered a Lheat o1 "assionM de1ense to a charge
o1 murdering his Bi1e, contending that he Aecame enraged Bhen he saB her Dissing one CastilleCa in a
"arDed car.('' 8t trial, CastilleCa testi1ied that he Bas Cust a 1riend o1 the de1endantRs Bi1e and Bas
dro""ing her o11 at home a1ter BorD.('7 81ter trial, CastilleCa admitted to ha;ing had a se/ual relationshi"
Bith the Bi1e, and that the "rosecutor Ltold him he should not ;olunteer an! in1ormation aAout such
intercourse Aut i1 s"eci1icall! asDed aAout it to ansBer truth1ull!.M('* -he Court re;ersed 8lcortaRs
con;iction Aecause the testimon! created a L1alse im"ression,M and Aecause the "rosecutor alloBed the
Bitness to testi1! DnoBing the actual relationshi" o1 the "arties Aut ne;er disclosing it to the de1endant or
eliciting the truth at trial.('9 6imilarl!, in Na"ue ;. 2llinois,(7, the Court re;ieBed the "rosecutorRs
DnoBing use o1 "erCured testimon! that created a misleading im"ression o1 the BitnessR "otential Aias. -he
go;ernmentRs "rinci"al
('0.
6ee id. at 0(+>('.
('3.
-he de1endant in $!le also alleged that the go;ernment had su""ressed 1a;oraAle e;idence, see id. at 0(4,
and the Court did not distinguish AetBeen DnoBing use o1 "erCured testimon! and go;ernmental
su""ression o1 1a;oraAle e;idence. 2t is unclear Bhether $!le held that these claims in comAination
estaAlished a constitutional ;iolation, or Bhether either one Bould Ae su11icient to estaAlish a constitutional
;iolation.
('4.
2n ?esarosh ;. 5nited 6tates, 3+0 5.6. ( (9+'#, the Court relied on its su"er;isor! "oBer to re;erse a
con;iction and grant a neB trial Aased on the "erCured testimon! gi;en A! a go;ernment Bitness e;en
though there Bas no suggestion that the "rosecutor DneB the Bitness testi1ied 1alsel! during the trial. 6ee
id. at 9 L-he dignit! o1 the 5nited 6tates go;ernment Bill not "ermit the con;iction o1 an! "erson on
tainted testimon!.M#.
('+.
3++ 5.6. 0* (9+7#.
(''.
6ee id. at 0*>09.
('7.
6ee id. at 09.
('*.
6ee id. at 3,>3(. -he Court noted that the "rosecutor admitted to maDing this statement to the Bitness. 6ee
id. at 3(.
('9.
2d. at 3(>30.
(7,.
3', 5.6. 0'4 (9+9#.
Bitness denied on Aoth direct and cross>e/amination that he testi1ied against the de1endant in e/change 1or
a recommendation o1 lenienc! at sentencing, Bhen the "rosecutor in 1act had "romised lenienc!.(7(
Em"hasiEing that the "rosecutor DneB the Bitness "erCured himsel1, the Court held that due "rocess Ldoes
not cease to a""l! merel! Aecause the 1alse testimon! goes onl! to the crediAilit! o1 the Bitness.M(70
-he "rosecutorRs DnoBledge o1 the "erCur! Bas not at issue in an! o1 these cases. ?oone! and $!le
acce"ted the allegations o1 the de1endants as true, Bhile the "rosecutors in 8lcorta and Na"ue essentiall!
admitted their DnoBledge o1 the untruth1ul testimon! a1ter the con;ictions. 2t is not sur"rising that the Court
1ound "rosecutorial misconduct Bhen the "rocedural "osture o1 the case or the go;ernmentRs admissions
estaAlished at the outset that the "rosecutor DneB o1 the testimon!Rs 1alsit!. -he more im"ortant question
raised A! these cases concerns Bh! the "rosecutorRs DnoBledge Bas an element o1 the due "rocess anal!sis.
8nsBering this question requires an understanding o1 the limits on the Cudiciar!Rs authorit! to o;erturn a
con;iction on the ground o1 neBl! disco;ered e;idence. -he "erCurious nature o1 testimon! generall! does
not come to light until a1ter con;iction.(73 %nce disco;ered, the de1endant ma! seeD a neB trial 1ree 1rom
the tainted e;idence i1 he can shoB that a neB trial Bould liDel! "roduce a di11erent result.(74 2n ?esarosh
;. 5nited 6tates,(7+ hoBe;er, the
(7(.
6ee id. at 0'+.
(70.
2d. at 0'9. 2n his suAsequent "etition to reduce the BitnessR sentence, the "rosecutor stated that he had
L"romisedM to recommend reduction in e/change 1or the trial testimon!. 6ee id. at 0''. 7hen called to
testi1! at the hearing on Na"ueRs haAeas cor"us "etition, hoBe;er, the "rosecutor denied that such a 1irm
agreement had Aeen reached, stating that his earlier statements regarding a L"romiseM had L"roAaAl! used
some language that he should not ha;e used . . . .M 2d. at 0'7.
(73.
-he ;ast maCorit! o1 cases in Bhich the "rosecutor uses 1alse e;idence at trial in;ol;e 1alse testimon!. ?ost
commonl!, Bitnesses testi1! 1alsel! aAout their recollection o1 the e;ents or 1ail to disclose in1ormation that
Bould undermine their crediAilit!. E;en cases in Bhich a "rosecutor suAmits adulterated or counter1eited
"h!sical e;idence usuall! in;ol;e 1alse testimon! aAout the nature o1 the item, the circumstances regarding
its disco;er!, and its relation to the de1endantRs guilt i.e., rele;ance#. 5nder the .ederal )ules o1 E;idence,
the "ro"onent o1 e;idence must authenticate it LA! e;idence su11icient to su""ort a 1inding that the matter in
question is Bhat its "ro"onent claims.M .ED. ). EV2D. 9,(a#. $h!sical e;idence is commonl!
authenticated through testimon!. 6imilarl!, records o1 a Ausiness come Bithin an e/ce"tion to the hearsa!
rule Bhen a Lcustodian or other quali1ied BitnessM testi1ied regarding the "re"aration and maintenance o1
the records. .ED. ). EV2D. *,3'#. .urthermore, the go;ernment ma! call e/"ert Bitnesses to testi1! aAout
"h!sical e;idence in order to e/"lain tests "er1ormed on the item. 6ee .ED. ). EV2D. 7,0. 7hether the
"roAlem is 1alse testimon! regard the BitnessR recollection, 1ailure to res"ond truth1ull! to a question, or the
creation or adulteration o1 "h!sical e;idence, all entail "erCur! A! a Bitness.
(74.
6ee 5nited 6tates ;. 9oung, (7 ..3d (0,(, (0,3 9th Cir. (994# ordering a neB trial Aecause the
"rosecutor used an o11icerRs 1alse testimon! and outcome "roAaAl! Bould ha;e Aeen di11erent aAsent the
testimon!#: 5nited 6tates ;. Caro, 9'+ ..0d (+4*, (++* (,th Cir. (990# den!ing motion 1or neB trial
Aecause neBl! a;ailaAle testimon! o1 co>cons"irator Bas unliDel! to change result Bhen coCourt
noted that neBl! disco;ered e;idence LBhich is merel! cumulati;e or im"eaching is not . . . an adequate
Aasis 1or the grant o1 a neB trial.M(7' ?oreo;er, e;en Bith the re;elation o1 "erCur!, a motion 1or a neB
trial Aased on neBl! disco;ered e;idence must Ae made Bithin a limited "eriod a1ter the entr! o1 the 1inal
Cudgment o1 con;iction.(77
21 a de1endant learns o1 "erCur! onl! a1ter the "eriod in Bhich he ma! 1ile a neB trial motion, the onl!
"rocedural a;enue a;ailaAle is a collateral attacD on the con;iction alleging that the use o1 "erCured
testimon! rose to the le;el o1 a constitutional ;iolation. -o decide the constitutional issue, a court cannot
sim"l! trans1orm the neBl! disco;ered e;idence standard 1or a neB trial into the due "rocess anal!sis. -hat
a""roach Bould circum;ent the time limits A! alloBing a de1endant to rel! on the neBl! disco;ered
e;idence as "roo1 o1 the constitutional ;iolation Bithout com"l!ing Bith the statutor! requirements. Due
"rocess must entail something greater than the standard 1or a neB trial, i.e., more than Cust the e/istence o1
"erCured testimon!. )eliance on the "rosecutorRs DnoBledge o1 the "erCur! "ro;ides the additional element
that raises questions regarding the 1undamental 1airness o1 the "roceeding Ae!ond Cust the "roAati;e ;alue
o1 the neBl! disco;ered e;idence.(7* <i;en the lacD o1 an! real contro;ers! regarding the "rosecutorsR
DnoBledge in the ?oone! line o1 "erCured testimon! cases, the Court did not ha;e to consider hoB much
inquir! into the go;ernmentRs intentions it should "ermit to "ro;e a due "rocess ;iolation.
-he DnoBing use o1 "erCured testimon! is "roAaAl! quite rare Aecause it
cons"irator had earlier made statements incul"ating the de1endant#. 2n addition to shoBing that a neB trial
Bould liDel! "roduce a di11erent outcome, a de1endant must shoB that L(# the e;idence Bas disco;ered
a1ter trial: 0# the 1ailure to learn o1 the e;idence at the time o1 trial Bas not due to the de1endantRs lacD o1
diligence: 3# the e;idence is material to the issues in;ol;ed: SandT 4# the e;idence is authentic . . . .M
8ndreB ?oriart! et al., $roCect, -Bent!>6i/th 8nnual )e;ieB o1 Criminal $rocedure, *+ <E%. =.4. (4'3,
(4'4>'+ (997#.
(7+.
3+0 5.6. ( (9+'#.
(7'.
2d. at 9 internal quotation marDs omitted#.
(77.
6ee, e.g, .ED. ). C)2?. $. 33 motion must Ae made Bithin three !ears a1ter the ;erdict or 1inding o1
guilt#. 6ome states require a de1endant to mo;e 1or a neB trial Bithin a 1airl! Arie1 "eriod. 6ee, e.g., ?2C3.
C%?$. =876 U 77,.0 6ec. 0(# (9*0# LS8T motion 1or a neB trial shall Ae made Bithin ', da!s a1ter
entr! o1 the CudgmentM#. 8lso, the 6u"reme Court has held that a -e/as statute "ro;iding onl! 3, da!s to
1ile the motion Aased on neBl! disco;ered e;idence does not ;iolate 1undamental 1airness. 3errera ;.
Collins, +,' 5.6. 39,, 4(( (993#.
(7*. 2n elaAorating on the CourtRs due "rocess anal!sis in Na"ue ;. 2llinois, one student commentator notes:
S-The SNa"ueT Court did not e/"lain hoB this "articular lie "reCudiced the de1endant. Nonetheless it held
that there had Aeen a denial o1 due "rocess. -he onl! e/"lanation is that the Court concerned itsel1 Bith
the "rosecutorRs conduct more than Bith the de1endantRs harm, Bith a "rotection o1 the criminal "rocess
rather than Bith the "ossiAilit! that the lie in1luenced the de1endantRs con;iction.
Note, su"ra note (+9, at (3*>39.
in;ol;es multi"le "artici"ants Bho must Dee" their shared secret 1ore;er: ultimatel!, someone ma! re;eal
the truth. 8Asent the t!"e o1 clear e;idence a;ailaAle in 8lcorta and Na"ue, the de1endant Bould ha;e a
di11icult time shoBing the "rosecutorRs actual intent. 21 the e/tent o1 the due "rocess right concerning
"rosecutorial use o1 e;idence Bere limited to Cust those clear cases that in;ol;ed a DnoBing introduction o1
1alse testimon!, then the Constitution "ro;ided onl! a ;er! narroB "rotection. -he lacD o1 an!
constitutional right to disco;er! means that a "rosecutorRs intentional Bithholding o1 e;idence 1rom the
de1endant, Bhich is di11erent 1rom "erCur!, Bould not Ae a constitutional ;iolation. 21 a "rosecutor need not
"ro;ide an! e;idence to a de1endant, then hoB can a DnoBing re1usal to re;eal it Ae im"ro"er and ;iolate
due "rocessN -he "roAlem Bith limiting due "rocess to onl! those cases in;ol;ing 1alse testimon! Bas that
Bithholding e;idence can BorD as great an inCur! on the truth>seeDing 1unction o1 a criminal trial as
"erCur!. -he due "rocess anal!sis that addressed neBl! disco;ered e;idence o1 "erCur! reached onl! an
egregious, Aut com"arati;el! rare, instance o1 "rosecutorial misconduct in the use o1 e;idence.
B. E/tending Due $rocess to 5ndisclosed E;idence
-he "roAlems in 8lcorta and Na"ue Bould ha;e Aeen a;oided had the go;ernment Aeen required to turn
o;er e;idence o1 its BitnessesR con1licts, i.e., the "ersonal relationshi" Bith the ;ictim and the "romise o1
lenienc! in return 1or testimon!. ?oreo;er, i1 the Bitnesses had ne;er Aeen asDed the questions to Bhich
the! res"onded 1alsel!, there Bould ha;e Aeen no "erCur! to 1orm the Aasis o1 a due "rocess ;iolation. -he
Court Aegan to address the matter o1 "rosecutorial su""ression o1 rele;ant e;idence in 4encDs ;. 5nited
6tates,(79 holding that the go;ernment had to "roduce Britten re"orts "re"ared A! tBo in1ormants
regarding conduct in;ol;ing the de1endant.(*, -he Court relied on its su"er;isor! "oBer, stating that
Custice Lrequires no lessM than "ro;iding the de1ense access to the re"orts to decide Bhether the! Bould
assist in discrediting the go;ernmentRs Bitnesses.(*( 4encDs had a limited reach, hoBe;er, Aecause the
(79.
3+3 5.6. '+7 (9+7#.
(*,.
6ee id. at ''*>'9.
(*(.
2d. -he de1endant in 4encDs had Aeen con;icted o1 1iling a 1alse a11ida;it regarding his "artici"ation in the
Communist $art!, and the "rinci"al Bitnesses Bere tBo $art! memAers Bho Bere co;ert in1ormants. 2d. at
'+9. Congress o;erturned the CourtRs Aroad disclosure requirement shortl! a1ter the decision A! ado"ting
the 4encDs 8ct, (* 5.6.C. U 3+,, (994#, Bhich limits disclosure o1 re"orts to onl! those "re"ared or
ado"ted A! Bitnesses, and then onl! a1ter the Bitness has testi1ied. 6ee (* 5.6.C.
1ederal courts could not rel! on their su"er;isor! "oBer to re;ieB instances o1 su""ressed e;idence A!
"rosecutors in state courts.
2n Brad! ;. ?ar!land,(*0 the Court e/"anded due "rocess to "rohiAit Lthe su""ression A! the "rosecution
o1 e;idence 1a;oraAle to an accused . . . Bhere the e;idence is material either to guilt or to "unishment,
irres"ecti;e o1 the good 1aith or Aad 1aith o1 the "rosecution.M(*3 -he Court relied on the ?oone! line o1
cases 1or the "ro"osition that a""l!ing due "rocess to the "rosecutorRs su""ression o1 e;idence Lis not
"unishment o1 societ! 1or misdeeds o1 a "rosecutor Aut a;oidance o1 an un1air trial to the accused.M(*4 -he
o"inion did not discuss Bh! "rosecutorial intent Bas irrele;ant, e;en though it had Aeen the De! element in
the due "rocess anal!sis o1 "erCured testimon! since ?oone!. 8lthough unstated, the CourtRs reason is
clear: reliance on "rosecutorial intent Bould create an undul! narroB rule that could maDe Cudicial
ascertainment o1 the go;ernmentRs moti;es "aramount to an assessment o1 the 1airness o1 the trial. Brad!
cited ?oone! and its "rogen! to reach a result that 1undamentall! changed the due "rocess anal!sis o1
"rosecutorial misconduct, escheBing an assessment o1 "rosecutorial intent 1or a Aroader re;ieB o1 the
o;erall 1airness o1 the "roceeding.(*+ B! a;oiding the distraction o1 questioning Bh! the "rosecutor did
not re;eal e;idence, Brad! signaled a suAstantial de"arture 1rom the 1alse testimon! cases A! measuring the
e11ect o1 "rosecutorial misconduct on the outcome o1 the trial Bithout regard to either the "rosecutorRs
stated or actual underl!ing moti;e. $rosecutorial intent Bas sim"l! irrele;ant Bhen the go;ernmentRs
1ailure to disclose e/cul"ator! e;idence made the "roceeding un1air.(*'
B! eliminating "rosecutorial intent as an element o1 the due "rocess anal!sis,
U 3+,,a#.
(*0.
373 5.6. *3 (9'3#.
(*3.
2d. at *7 em"hasis added#.
(*4.
2d.
(*+.
6ee Note, su"ra note (+9, at (40>44. 8s the student commentator notes: 7hen courts do not concern
themsel;es Bith the "rosecutorRs misconduct the constitutional rationale Aased on 1raud has no a""lication.
2nstead Brad! 1ocuses u"on "reCudice to the de1endant . . . . -he 1actor Bhich di11erentiates the su""ression
cases and gi;es them constitutional dimension is that the! groB out o1 a situation Bhich maDes a 1air trial
1or man! de1endants nearl! im"ossiAle.
2d.
(*'. %ne student commentator has "ointed out the di11icult! Bith gi;ing "rosecutors the res"onsiAilit! o1
determining Bhich e;idence 1its the de1inition o1 materialit!. 6ee 6te"hen $. 4ones, Note, -he $rosecutorRs
Constitutional Dut! to Disclose E/cul"ator! E;idence, 0+ 5. ?E?. =. )EV. 73+, 7'+ (99+# L-he
tension is a""arentVa "rosecutor cannot decide that the 1ailure to disclose e;idence in his "ossession
Bould ;iolate due "rocess and undermine the correctness o1 a guilt! ;erdict and retain the good 1aith Aelie1
that the de1endant is guilt!.M# em"hasis in original#.
DD8 9oung need e/"lain Bh! the materials 1rom around No;emAer 3,th, 0,(( Bhere turned o;er
onl! Bhen the! Bere, and not sooner.
in;iolaAle
.rom: Eachcoughlin\hotmail.com
-o: laura"\n;Aar.org: "atricD\n;Aar.org: rosec\n;Aar.org: glennm\n;Aar.org: da;idc\n;Aar.org:
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6uACect: =2-2<8-2%N 3%=D N%-2CE re;0,((>,,(7,* c;((>,3'0*, ',33( '(3*3, 6BN ;. Coughlin
C86E N5?BE) N<(0>,0,4, N<>,43+, N< ,434
Date: 7ed, (7 %ct 0,(0 (':+9:+7 >,7,,
Dear %11ice o1 Bar Counsel, 2n;estigator $eters, Chairman 6usich,
et al,
$lease 1ind im"ortant attachments su""orting the assertions herein here:
htt"s:HHsD!dri;e.li;e.comHredirNresid]43,*4'3*.30.+.0*W3+*7
$lease donFt tr! to old Gm! 2- gu! said 2 couldnFt o"en it, Aecause o1 ;iruses and
stu11G. -hat is no more "lausiAle an e/cuse 1or re;ieBing materials material to !our
in;estigation than Bould Ae suggesting !our 1ear o1 Ganthra/G "otentiall! Aeing
mailed to !ou "re;ents !ou 1rom o"ening !our "a"er mail...9ou ha;e m! "ersonal
guarantee that there is no ;irus or other harm1ul items in an! emails 2 send !ou or
an! "a"er mail, either, 1or that matter.

8lso, Bill !ou "lease ha;e the N<> grie;ance or case numAers 1or all o1 the
grie;ances and com"laints 2 ha;e 1iled this !ear "ro;ided to me in Briting, including
the neB grie;ances 1ound herein against )ichard <. 3ill, Case! BaDer, and
Christo"her 3aElett>6te;ensN
note: "lease 1orBard this Britten corres"ondence on to Bar Counsel Jing and
2n;estigator, ClerD o1 Court $eters in light o1 their a""arent and sudden, someBhat
technical GissuesG Bith emails 1rom Coughlin, Bhich in no Ba! is inter"reted as
"ro;iding indications that the! noB seeD to sull! the 6BNFs image A! attem"ting to
add Coughlin to their AlocDed sender list or otherBise "re;ent an! 1urther dut!
accruing on their "art to actuall! in;estigate CoughlinFs claims, in some manner that
at least a coloraAle argument can Ae made that the 6BN treats CoughlinFs and others
allegation Bith an!Bhere near the urgenc! it treats those o1 4udge Nash 3olmes or
)ichard <. 3ill, Esq. in contrast to the Bhole GattacD dog 1or the rich and "oBer1ulG
image the 6BN has Auilt u"....
2t is ironic, that 3ill and BaDerFs oBn Briting in their No;emAer 0,th, 0,((
%""osition to CoughlinFs No;emAer ('th, 0,(( ?otion to Contest $ersonal $ro"ert!
lien ma! noB Ae used against them, in light o1 the staleness, ;oidness, and in;alidit!
o1 the %ctoAer 0+th, 0,(( and %ctoAer 07th, 0,(( E;iction Decision and %rder and
.indings o1 .act, Conclusions o1 =aB and %rder 1or 6ummar! E;iction in )4C
)e;0,((>,,(7,*. 6ee 7illiams ; Nagel, '43 N.E. 0d *(' and 7ol1>=illie, +,4 ..
6u"" (. BaDer Brote on 3illFs Aehal1:
G3ere, Coughlin 1iled his 1irst motion "ursuant to N)6 ((*8>4', on No;emAer
(',0,((. -hat motion Bas timel!. 3oBe;er, Bhen the court attem"ted to set the
hearing, Coughlin re1used to coo"erate or communicate Bith the court to get the
hearing on calendar, des"ite re"eated requests 1rom ?erlissF counsel that he do so. 8s
a sole and direct result o1 ?r. CoughlinFs re1usal to coo"erate Bith the court to set his
oBn hearing, that hearing ne;er ha""ened. -he (, da!s in Bhich to hold the hearing
under N)6 4,.0+3*# ha;e noB e/"ired. ?r. CoughlinFs motion is stale, and the
relie1 he seeDs is noB time>Aarred. Because he aAandoned that motion, it Bas,
e11ecti;el!, denied.G
$lease indicate in Briting Bhat !ou ha;e done to in;estigate
)ichard <. 3illFs allegations, as set 1orth in his 4anuar! (4th, 0,(0
grie;ance against me, in Briting, including, Aut not limited to 3illFs
allegations ;is a ;is the criminal tres"ass arrest o1 me in on
No;emAer (3th, 0,((, leading to a custodial arrest, and three
tra11ic citations A! )$D 6argent -arter 1olloBing m! release on
No;emAer (+th, 0,(( Bhen 2 ;entured to 3illFs o11ice to retrie;e
m! state issued dri;erFs license, Ballet credits card, mone!#, and
m! client's 1iles and m! oBn 1iles and hard dri;es and other
materials. -his is a 1ormal, Britten grie;ance against )ichard 3ill
and Case! BaDer, in com"liance Bith m! )$C *.3 oAligations
res"ecting their 1ailure to turn o;er m! hard dri;es, dri;erFs license,
clientFs 1iles and m! oBn 1iles, their im"ermissiAl! in1luencing the
)4C to 1ail to gi;e me a hearing on m! No;emAer ('th, 0,(( 1iling
o1 a ?otion to Contest $ersonal $ro"ert! lien Bithin the (, da!s
required A! N)6 4,.0+37#>*# hearing onl! tooD "lace a1ter
)ichardFs si/ BeeD ;acation, on DecemAer 0,th, 0,((, in accord
Bith )ichardFs Britten indication to me that he Bould Ae aAle to get
the )4C to Bait that long on his account..., an im"ermissiAle
suggestion A! )ichard that he could im"ro"erl! in1luence a
triAunal, as Bas )ichard threats that he Bould ha;e me gi;en the
4ordan ;. 6tate G;e/atious litigantG treatment i1 2 De"t u" m!
o""osition to his ne1arious aims:
G$ersonal "ro"ert! \ ri;er rocD
.rom: )ichard 3ill rhill\richardhillaB.com#
6ent: -hu ((H04H(( 9:,9 8?
-o: Eachcoughlin\hotmail.com
?). C%5<3=2N > 2 Bill "roAaAl! regret this email, Aut 2 Cust canFt hel"
m!sel1.
9ou sa! !ou Bant !our "ro"ert!.
-rust me, neither m! client nor 2 Bant !our "ro"ert!.
9ou ha;e acDnoBledged that !our intention is to Cust cherr!>"icD
through the house, and lea;e Aehind the ;ast quantities o1 trash that !ou
ha;e hoarded not Aeing Cudgmental, Cust realistic > are !ou reall! going
to taDe u" all the car"et outside, or taDe all the dead -V sets K other
GtreasuresG !ou ha;e accumulated NN.........tr! to Ae honest Cust once.#.
-he onl! securit! that Dr. ?erliss has are the 1eB items o1 oACecti;e
;alue 2 assume at least some o1 the -VFs BorD#, and the things 1or
Bhich !ou are Aargaining. %nce he releases those items to !ou, he
Bai;es his securit!, gi;ing u" his statutoril! granted recourse to the
"ro"ert! !ou C3%6E to lea;e in the house a1ter !ou Bere e;icted. -hat
stands against Bhat is certainl! going to Ae at least I3,+,, to Cust clear
out !our unBanted things. -hat 1igure doesnFt include AacD rent, 1ees, or
other damages to the home.
7h! donFt !ou "a! BhatFs oBed > see m! last email, and o11er him some
additional securit!N 21 Be are Brong, and !ou reall! do taDe all the stu11,
or, i1 Be can get !our lea;ings out more chea"l!, Bho DnoBs...... 7e
Bill, o1 course, ha;e to estaAlish some VE)9 C=E8) <)%5ND
)5=E6 Ae1ore !ou Bill Ae authoriEed to Ae at the "ro"ert!.
authoriEation 1or !ou to Ae there.....co"s......time to get Bhat !ou
Bant...agreeing Bhat Be can start throBing aBa! noB....those Dinds o1
things.#
Let's try to make a deal, and stop the posturing & bluffing. You
might want to take a look at jordan v state, 121 nev 44(2005) - that's
where you are heading!
21 Bhat !ou sa! is true, that !ou reall! do ha;e an! clients, "a!ing or
otherBise, !ou ha;e duties to co>o"erate and mitigate: neither o1 Bhich
seem to enter !our thought "rocesses. -here is also the issue o1 !our
com"arati;e conduct to consider. 7h! did !ou aAort the hearing that
!ou requestedN 9ou Bant !our stu11N 2t isnFt going to get an! Aetter than
this. -r! to Aring !oursel1 to deal Bith some realities. )ghG
G.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: ?on ((H0(H(( 0:,7
$? -o: Eachcoughlin\hotmail.com Cc: cdAaDer\richardhillaB.com
the court is tr!ing to get ahold o1 !ou to hear !our motion on the
landlordFs lien tomorroB.
if you don't contact them, you won't get a hearing & your stuff will
just stay where it is until late december, because our schedule is
blocked until then.
"lease contact the court 30+>'+,(
rghG
-herein aAo;e )ichard <. 3ill, Esq im"lies an aAilit! to im"ro"erl!
in1luence a triAunal.
"Subject: RE: WCSO Deputy Machem's "personally served"
Affidavit of 11/1/2011
Date: Tue, 7 Feb 2012 11:40:39 -0800
From: LStuchellwashoecounty.us
To: zachcoughlinhotmail.com
CC: mkandarasda.washoecounty.us
Mr. Coughlin
Our records indicate that the eviction conducted on that day was
personally served by Deputy Machen by posting a copy of the Order
to the residence. The residence was unoccupied at the time.
Liz Stuchell, Supervisor
WCSO Civil SectionG
$lease see the attached emails 1rom )ichard 3ill incident to the e;iction
matter in )4C re;0,((>,,(7,* Bhich Bas ongoing at the time o1 the
arrest in the i$hone "ett! larcen! matter noB Ae1ore this Court. -herein
one can 1ind the 1olloBing "ro1essional misconduct and or criminal laB
;iolations A! )ichard <. 3ill and Case! BaDer, Esq.:
G.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: .ri ((H(*H(( ':49
8? -o: Eachcoughlin\hotmail.com
mr coughlin > 1or a moment there, i thought that !ou Bere going to hold
it together. !ou need to res"ond to m! email o1 !esterda!, Bhich is
"asted AeloB. it adequatel! descriAes Bhat !ou need to do and "a!. see
"artagra"h 4WW m! o11er to retrie;e !our Ballet is still o"en, and it
e/tends to !our Gclient 1iles,G e;en though !ou had a residential lease
that did not contem"late !ou running an unlicensed Ausiness. i1 !ou
continue the game that !ou did not get m! emails, then i thinD that !ou
"ut the contents o1 !our com"uters at issue, and Be need to Ae concerned
aAout issues such as s"oliation...
...4> !ou can get !our "ossessions out 8N9-2?E, B5- %N=9 %N
-3E .%==%72N<
C%ND2-2%N6:
a- you owe & must pay, in cash, $30 per day ($900/30 $30)starting
November 1, 2011,...
...A> because of your repeated break-ins, Bhich com"romised the
securit! o1 the home, !ou need to also "a! the I(,,', that the contractor
charged to secure the home and its contents !our ;aluaAle "ossessions#.
that "rice does not include the Aasement door that Bas destro!ed in the
"rocess o1 getting !ou out Bhen !ou Bere arrested. Aut, i1 !ou "a! the
other related costs, Be Bill recommend that Dr. ?erliss Bai;e the
damaged door. c> !ou Bill N%- Ae alloBed to taDe !our com"uters K
drugs and lea;e all the rest o1 the mass o1 CunD 1or us to clean u" at the
house. !ou need to coo"erate.
d> !ou Bill need to demonstrate the 1inancial aAilit! and adequate
man"oBer to get suAstantiall! e;er!thing out in one da!. Be suggest that
means a u>haul, or something similar, and some man"oBer to assist. Be
?89 Ae Billing to alloB !ou more time, de"ending on !our
de"ortment, !our sincerit! and !our e11orts. to date, !ou ha;e Aeen
sorel! lacDing on all 1ronts.G
2t is im"ortant to note that in one o1 the ;ideoFs 3ill tooD on No;emAer (3th, 0,(( Bhen
he Bas tres"assing at CoughlinFs laB o11ice and uttered 1alse statements leading to
CoughlinFs custodial arrest 1or tres"ass 3ill also attem"ted to get Coughlin charged
Bith a G1elon!G 1or GAreaDing and enteringG, Aut )$D %11icer Carter BouldnFt co>sign it,
to Bhich 3ill is heard re"l!ing on the ;ideo titled GZachFs arrest ,,((G G2 donFt do an!
criminal stu11...!ou canFt Alame a gu! a 1or tr!ing chortle, chortle#G# 3ill is heard
sa!ing, on the ZachFs arrest ,,,7 ;ideo that the door has Aeen unlocDed and that
Coughlin must ha;e gotten in through the AacD!ard BindoB A! mo;ing a BindoB unit
air conditioner on the Aedroom 1loor that 3ill trains his ;ideo camera on...at Bhich
"oint Dr. ?erliss GBe;erl! 3illFs DocG# mentions that a BindoB in the Aathroom is
unlocDed as Bell, and ?erliss is seen in other ;ideos he and 3ill 1ilmed that da!
ins"ecting another BindoB unit air conditioner in the 1ront li;ing room that 1aces
Court 6t. and is a AlocD 1rom the =aDemill =odge and across the street 1rom a 6ection *
Cit! Center housing "roCect# an noting that it is secured in the BindoB onl! A! Gta"eG.
8lso, a cursor! re;ieB o1 teh I(,,', Aill 1rom 3illFs contractor, $hil 6teBart, re;eals an
itemiEed charge 1or G1i/ing a leaD in the AasementG and Gchanging the locDsG again,
a""arentl!, considering the 6heri11 t!"icall! has a locDsmith Bith them during
locDouts#. 2t is in this conte/t that 3ill made the aAo;e demands 1or I(,', to GsecureG
the "ro"ert!G in light o1 CoughlinFs GAreaD insG, des"ite 3ill charging the same rent,
I9,, "er month 1or such GstorageG that Coughlin Bas charged 1or the G1ull use and
occu"anc!G, Bhich, under the 6tandard )ental 8greement, alloBed 1or CoughlinFs
commercial use o1 the "remises as his home laB o11ice. .urther, "rior to 3illFs
success1ul e11orts to get Coughlin taDen to Cail 1or a custodial arrest 1or Ca!BalDing on
4anuar! (0th, 0,(0, 3ill had made threats on No;emAer ('th, 0,(( to ha;e Coughlin
arrested 1or standing on a "uAlic sideBalD. 6uch an e/tortionate threat and 3illFs later
1olloBing through on it is tantamount to 1iling a 1alse "olice re"ort and contriAuting to a
1alse im"risonment.
.urther, Coughlin hereA! states, under "enalt! o1 "erCur! the 1olloBing Bhich
Bas also sent to 3ill sometime ago#:
G6o, to Ae clear, regarding an! emails m! o11icial BBB.n;Aar.org email
account, Eachcoughlin\hotmail.com, recei;ed 1rom !our
rhill\richardhillaB.com, 2 did recei;e !our tBo emails 1rom ((H(*H((, one
at ':+( a.m. and one at 0:(4 ".m. Be!ond that the onl! email recei;ed 1rom
!our o11icial email address to mine Bas !our introductor! email o1 *H('H((
at 4:33 ".m., to me alerting me to !our undertaDing the re"resentation o1
Dr. ?erliss Bith res"ect to the matter to Bhich 2 had alread! Aegun to
Linitiate or de1end againstM ;is a ;is N)6 ((*a.+(,. 6o, 2 assure !ou 2 Bill
ha;e no "roAlem testi1!ing to, signing an a11ida;it, or otherBise "ro;ing
that 2 did not recei;e an! emails 1rom !our rhill\richardhillaB.com
o11icial email address at an!time AetBeen the illegal locDout on or aAout
No;emAer ( u" to the email !ou sent me on ((H(*H(( at ':+( a.m.. 6o,
"lease adCust !our "leadings to re1lect that !our email address did not
success1ull! transmit an! emails to m! email address, and that !ou do not
ha;e an! Britten su""ort 1or !our contentions that !ou did recei;e
con1irmation o1 an! such success1ul email transmission 1rom !our email
address to mine, much less an email related to alloBing me to access to or
the aAilit! to remo;e m! "ro"ert!.G
2t is im"ortant to note that 3ill lied to ;arious courtFs res"ecting his Go11erG to
alloB Coughlin to get his clientFs 1iles. 3ill ne;er did actuall! let Coughlin get his
clientFs 1iles aAsent Coughlin signing o11 on his damage de"osit, "a!ing some unlaB1ul
rent distraint under N)6 ((*8.+0, dressed u" as a "ersonal "ro"ert! lien under N)6
((*8.4', re"lete Bith 1raudulent Aills 1or securing a "ro"ert! that Bas later easil!
roAAed gi;en 3ill and his contractor, Aesides Ailling Coughlin I(,,', 1or GsecuringG a
"ro"ert! that 3ill Bas alread! charging Coughlin I9,, a month 1or one Bould thinD
that Bould include a secure "ro"ert! to Aegin Bith# 1ailed to remo;e the BindoB unit air
conditioner held in "lace A! Gta"eG see ;ideo o1 ?erliss noting this, though the 1ront
door seemed to Ae DicDed in during the Aurglar! o1 DecemAer (0th, 0,(( or thereaAouts,
Bhich included remo;ing a '0 inch D=$ tele;ision set and other items, Bhich Bas to Ae
e/"ected gi;en 3illFs Aoarding u" o1 the AacD "orch "rett! much "ut a sign on the "lace
sa!ing GnoAod! here, Aut all that 1urniture and stu11 !ou can see in the BindoBsN <o
Fhead and roA it...G 8nd roA it the! did, a""arentl! 1eeling secure enough in the tenor o1
the neighAorhood and lacD o1 "olicing therein to taDe there time remo;ing a '0 inch
tele;ision set and a good deal other "ro"ert!, as the "lace Bas torn asunder Bhen
Coughlin Bas 1inall! granted access to retrie;e Bhat remained though Coughlin Bas
required to "a! I4*, 1or the (7 da!s AetBeen the locDout o1 No;emAer (, 0,(( and the
No;emAer (7th, 0,(( 1iling o1 a ?otion to Contest $ersonal $ro"ert! =ien A! Coughlin,
des"ite 3ill 1ailing to itemiEe to Coughlin Bhat had Aeen stolen incident to the
DecemAer (0th, 0,(( Aurglar!, Bhich Coughlin did 1ile a "olice re"ort 1or.
But, the thing that the 6BN and the Courts, "erha"s, should Ae most o11ended A!
is 3ill treating CoughlinFs clientFs 1iles liDe a "aBn, to Bit:
rhill\richardhillaB.com
6uACect: )E: issues
Date: .ri, (* No; 0,(( ,':+(:4( >,*,,
mr coughlin > 1or a moment there, i thought that !ou Bere going to hold it
together. !ou need to res"ond to m! email o1 !esterda!, Bhich is "asted
AeloB. it adequatel! descriAes Bhat !ou need to do and "a!. see "artagra"h
4WW m! o11er to retrie;e !our Ballet is still o"en, and it e/tends to !our
Gclient 1iles,G e;en though !ou had a residential lease that did not
contem"late !ou running an unlicensed Ausiness.
6ent: 6un ((H0,H(( (0:40 $?
?r. Coughlin > !ou continue to lie. 9ou K 2 ha;e s"oDen se;eral times.
9ou call K rant at m! secretar! K then hang u" Ae1ore 2 can get on the line.
$lease go AacD and re>read m! emails to !ou. 9ou Bill not Ae alloBed to
cherr!>"icD the "ro"ert! K lea;e us Bith se;eral thousand dollars Borth o1
clean>u". ?a! 2 suggest that a good starting "oint Bould Ae 1or !ou to
arrange a dum"ster and throB all the cra" in the AacD!ard into itNN 21 !ou
Bish to do that, as a starting "oint, and to demonstrate !our good 1aith,
"lease contact me and Be Bill get !ou Britten authoriEation 1or that
"ur"ose. 5ntil !"u ha;e that authoriEation, "lease do not go to the "ro"ert!.
Nice touch on the G!ard sale G signs. 2 thinD that there are useaAle 1inger
"rints on the ta"e. 7eFll let !ou DnoB on that. 8s Ae1ore, m! o11er to get
!our Ballet K 1iles remains o"en )ghG
6ent: ?on ((H0(H(( 0:+( $?
?r coughlin >this con1irms a ;oicemail le1t 1or !ou 2 noB ha;e !our dri;ers
license K Bhat 2 thinD are !our client 1iles. DonFt DnoB, didnFt looD that
closel! > !our "ri;ac! K all. 7ill release them to !ou at the hearing
tomorroB. $lease con1irm that the hearing is on calendar )ghG
.rom: Zach Coughlin
6ent: ?onda!, No;emAer 0(, 0,(( 3:(+ $?
-o: rhill\richardhillaB.com
6uACect: )E: )i;er rocD
)ich, !ou are aBare that G1ilesG can include things on hard dri;es, rightN
Zach Coughlin, Esq.G
.rom: rhill\richardhillaB.com
-o: Eachcoughlin\hotmail.com `
CC: cdAaDer\richardhillaB.com `
6uACect: %ur con;ersation `
Date: ?on, 0( No; 0,(( (4:03:04 >,*,, ` `
?r. Coughlin > this con1irms our con;ersation o1 a 1eB moments ago. `
9ou need to call )eno CusticeFs court K con1irm that the hearing on !our `
motion is on 1or tomorroB. ` %nce !ou ha;e done that, K the hearing is on
calendar, call me AacD, K Be ` Bill ha;e a suAstanti;e con;ersation ` ` 2
Bant !ou to set !our hearing, Aecause !ou are not going to get e;er!thing `
!ou Bant, and Bant !ou to ha;e had a hearing. ` 8s a laB!er, !ou DnoB
the rules. ` ` $lease "roceed res"onsiAl!. ` 8lso, "lease do not Ae "utting
Bords in m! mouth Bhen Be s"eaD. ` 2 choose m! Bords Bith !ou as
care1ull! as 2 can ` ` )gh
.rom: Zach Coughlin Smailto:Eachcoughlin\hotmail.comT
6ent: ?onda!, No;emAer 0(, 0,(( 3:(4 $?
-o: rhill\richardhillaB.com: cdAaDer\richardhillaB.com:
Dstancil\Bashoecount!.us
6uACect: )E: %ur con;ersation
Dear )4C, ?s. 6tancil:
$lease note that m! tem"orar! address 1or noB is: Zach Coughlin, Esq. cHo
6il;er Dollar ?otel *(7 N. Virginia 6t., 5nit ^ 0 )eno, NV *9+,(
2 do ha;e a 1a/ numAer, Aut 2 Bould "re1er i1 !ou didnFt use it Aecause it is
someBhat tied to the com"uters that )ichard 3ill is a""l!ing Bhat 2 Aelie;e
to Ae an unlaB1ul rent distraint to.
2 donFt reall! ha;e a reliaAle tem"orar! "hone numAer. )ichard 3ill re1uses
to gi;e me AacD m! state issued identi1ication, Ballet, cell "hone, De!s, etc.
2 also need m! client 1iles ;er! Aadl!, 1or their saDe and mine#.
Dear ?r. 3ill,
5suall! courts send some notice in Briting aAout hearings, not ha;e the
o""osing attorne! claim there is one in an email, nor alloB the o""osing
attorne! to condition his return o1 someoneFs state issued identi1ication and
or e/igent client materials and laB "ractice equi"ment u"on the other
attoren! assenting to a Bai;er o1 the notice and ser;ice requirements
a""licaAle to the matter....7hat rules a""l! to "rocedural notice
requirements in these casesN Nothing in 4C))- according to 4C))- )ule
0, not much 1ound in N)6 4, or ((*a. 4C)C$ ) *3 1orAids the Ghouse
rulesG that !ou seeD to taDe ad;antage o1, Bhere the! are neither "uAlished
nor a""ro;ed A! the NV 6. Ct....."lus !ou ha;e 1orAidden me to get m!
mail 1rom the "ro"ert! and !ou ha;e e;en attem"ted to get me arrested
and threatened to do so 1or m! standing in "uAlic "laces not reall! doing
much o1 an!thing# and the 56$6 "roAaAl! has not "rocessed m! change o1
address !et. 2 need to get m! "ro"ert!, not hel" !ou circum;ent the
"rocedural "rotection o1 notice and ser;ice o1 hearings. 2 DnoB, !ou are so
used to some "eo"le Aending o;er AacDBards to hel" !ou get things done
quicDl! that !ou get all craAA! and tucDered out Bhen !ou actuall! ha;e to
role u" !our slee;es and do BorD. But, Cust rela/, get !oursel1 a CuiceAo/
and a =unchaAle or something, and taDe it one thing at a time....liDe 1ind a
Aasis 1or notice 1or these hearings, etc....maDe sure that it doesnFt stem 1rom
some un"uAlished, una""ro;ed A! the N. 6. Ct. Ghouse ruleG o1 the )4C,
and lets go 1rom there. 2n the meantime, get some in1ormed consent 1rom
!our client, Aecause that 6chi11 case "uts !our client in danger o1 losing his
house o;er a retaliator! re1usal to stand Aehind a cou"le hundred AucDs o1
rent deductions he agreed to or to 1ail to 1olloB the notice o1 ins"ection
"ro;isions he agree to in Briting in the =ease 8greement.
8gain, 2 ha;e a standing ca;eat in this case that 2 Bill not res"ond to or
re1ute e;er! Aaseless allegation or attem"t at recounting 1acts that !ou
maDe in Briting or otherBise, it Bould Cust Ae too Aurdensome. 6o all !our
Gthis email memorialiEes, Bhate;er, Bhate;er,G !ou can sa;e.
.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: ?on ((H0(H(( 4:04
$? -o: FCase! BaDerF cdAaDer\richardhillaB.com#:
...
told !ou > Ballet at hearing
no hearing, lien sta!s in "lace
!our call.
rghG
Notice that 3ill 1ails to mention the clientFs 1iles, Aut instead starts to 1ocus on
the Ballet and state issued dri;erFs licenseHidenti1ication# once it Aecomes clear that
li;ing u" to his Go11erG to "ro;ide Coughlin his clientFs 1iles might necessaril! include
turning o;er hard dri;es and or com"utersHla"to"s, smart "hones tools o1 the attorne!
trade that hold clientFs 1iles these da!s, and Bhich are "rett! much 1air game 1or laB
en1orcement to co"! and ri1le through u"on a Gsearch incident to arrestG, e;en one liDe
the custodial arrest 1or Ca!BalDing that 3ill suACected Coughlin to on 4anuar! (0th,
0,(0.
)E: unlaB1ul rent distraint. 3oB much do 2 need to "a! to get m!
identi1ication, client 1ilesN 3oB much 1or other "ro"ert!N
.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: ?on ((H0(H(( 4:4(
$? -o: Eachcoughlin\hotmail.com Cc: FCase! BaDerF
cdAaDer\richardhillaB.com#
Bho is 6C32..NN
Bhat are !ou taliDng aAoutN
do !ou DnoBN
Bill gi;e !ou Ballet K "a"ers > no charge.
did not see an! cell "hones.
Bhat do !ou "ro"ose that Dee"s !ou aBa! 1rom me, m! o11ice K m!
sta11NN
.rom: Zach Coughlin Smailto:Eachcoughlin\hotmail.comT 6ent:
?onda!, No;emAer 0(, 0,(( 4:3' $? -o: cdAaDer\richardhillaB.com:
rhill\richardhillaB.com 6uACect: unlaB1ul rent distraint. 3oB much do 2
need to "a! to get m! identi1ication, client 1ilesN 3oB much 1or other
"ro"ert!N
?r. 3ill and ?r. BaDer,
3oB much do 2 need to "a! !ou toda! to get access to m! "ro"ert!. 2
Bish to do so. 21 toda! is no good, "lease tell me, in itemiEed detail, hoB
much 2 need to "a!, and 1or Bhat. 8re !ou continuing to re1use to
"ro;ide me Bith m! Ballet and state issued identi1ication, Bhich 2 ha;e
clearl! indicated to !ou is in the Aasement on the taAle ne/t to the
mattressN 8re !ou 1urther, in recDless aAandon o1 the dictates o1 6chi11,
re1using to "ro;ide m! client 1iles and laB "ractice materialsN $lease let
me DnoB hoB much mone! !ou Bant and 1or Bhat, and 2 Bill deal Bith
!our unlaB1ul rent distraint at a later time, reser;ing m! right to.
6incerel!,
.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: ?on ((H0(H(( +:(+
$? -o: aEachcoughlin\hotmail.com` Eachcoughlin\hotmail.com#
Cc: acdAaDer\richardhillaB.com` cdAaDer\richardhillaB.com#
6ta! aBa! 1rom the house.
8ddress m! questions.
6ta! aBa! 1rom me, m! o11ice, m! sta11 K that house on ri;er rocDWW
Clear enough 1or !ouN
9ou get the Ballet K the "a"ers 2 Bas aAle to gather, thatFs 2-. -hatFs
Bh! 2 told !ou to set the
hearing.
21 that stu11 disa""ears 1rom the house, !our email alone is enough
"roAaAle cause 1or a search Barrant.
DonFt add Aurglar! K "ossession o1 stolen "ro"ert! to !our re"ertoire.
8ddress the issuesW
6ent 1rom m! i$hone "roAaAl! Bhile di;ing.
)<3G
%n No; 0(, 0,((, at 4:+* $?, Zach Coughlin
aEachcoughlin\hotmail.com` Brote:
2 can meet someAod! o;er there at +:(+ "m toda! i1 that BorDs or 2 could
come o;er noB and "icD u" a De! or something, use it and return it.
%therBise, i1 !ou Bill "ro;ide "ermission to do so, 2 could "roAaAl! "r!
o11 a "iece o1 "l!Bood m!sel1 and get into the Aasement and get these
materials, then hammer the "l!Bood AacD in "lace. -hat Bould alle;iate
the need 1or a De! to the u"stairs 1or noB. 9ou ha;e this Briting
indicating 2 Bould maDe a good 1aith e11ort to restore the "l!Bood to its
"re;ious 1ortress liDe state a1ter remo;ing m! "ro"ert!, and !ou do ha;e
the aAilit! to call the "olice should 2 or an!one else Ae 1ound there a1ter
some a""ointed time. 3oB aAout this, agree in Briting that 2 can do that
toda! AetBeen noB and midnight. 21 toda! is no good, agree to
tomorroB.
6o, are !ou re1using to gi;e me the client 1iles that are 1ound onl! on
hard dri;es Bithin the desDto" $C, the la"to"s, the cell "hone checD
ne/t to the microBa;e AeloB the hanging taAle, ne/t to the mattress in
the Aasement 1or the "hone, Bhich contains laB "racticeHclient 1iles on
it#. 2 also ha;e client 1iles on the Brother ?.C +49,cn scanner all in
one machine near the same taAle in the Aasement#. 2t Bould Ae Aest 1or
me to ha;e access to the Aasement at least to gather the ;arious client
1iles. 2 realiEe !ou seem to thinD 2 ha;e Aarel! an! clients, Aut that is not
the case. )egardless, 2 need their 1iles, some are in hard co"!, some are
in electronic 1ormats on hard dri;es, etc. 2 realiEe !ou are asserting some
real need to secure the "ro"ert! and that !ou ha;e s"ent some I(,',
"a!ing a contractor to do so, hoBe;er, 2 Bould lo;e to DnoB hoB that
com"orts Bith !our lea;ing the BindoB air conditioning unit one can see
on the southern side o1 the house in "lace, Bith aAsolutel! nothing
"re;enting one 1rom "ushing that BindoB unit inside and entering
through the BindoBN 21 it hel"s, 2 can "roAaAl! get A! Bithout getting
into the u"stairs at all 1or the time Aeing to access materials. 21 !ou alloB
me sa! no more than 0, minutes in the Aasement to gather that Bhich is
e/igent and or 2 ha;e an immediate right to, then 2 Bould imagine Be can
litigate the rest in an orderl! 1ashion. 2 donFt DnoB i1 that includes letting
!ou go on ;acation until DecemAer, Aut, its u" to !ou. 2 ha;e no intention
o1 damaging the "ro"ert! or causing Dr. ?erliss trouAle.
6incerel!,
9our stu11
.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: -ue ((H00H(( ((:43
8? -o: Eachcoughlin\hotmail.com Cc: FCase! BaDerF
cdAaDer\richardhillaB.com#
?r coughlin > this con1irms that !ou ha;e !our Ballet > and Bhate;er
Bas 2in
it.
2 also released tBo Aags o1 "a"ers to !ou.
DonFt DnoB Bhat is in them
21 !ou Bant to discuss the "rotocol 2 ha;e laid out 1or !ou to get the rest
o1 !our stu11, 1eel 1ree.
2t is not Britten in stone, Aut !ou DnoB the "arameters that !ou Bill need
to meet.
21 !ou are going ramAle, Cust maDe demands or re1use to recogniEe
realit!,
donFt Aother.
)ghG
G.7: .2=2N< )E8D9 68NC-2%N ?%-2%N 8--8C3ED:
DE?8ND .%) )E-5)N %. $)%$E)-9 .rom: )ichard 3ill
rhill\richardhillaB.com# 6ent: -hu ((H04H(( +:+7 8? -o:
?r. Coughlin > the "rocess to get !our stu11 is clearl! and sim"l! set
1orth in paragraph 4 of my November 17,2011 email > AeloB. "lease
let me DnoB Bhen K hoB !ou Bish to "roceed. considering !our dill!>
dall!ing, getting a dum"ster o;er there, or maDing an! real "rogress, on
thanDsgi;ing Bill Ae di11icult. "lease note Be ha;e set out Bhat !ou must
do. means K method, suACect to ;eri1ication K securit! in e;er! sense
o1 the Bord# are o"en. Bhen !ou email K call me, a1ter Ausiness hours,
DnoBing that Be Bill Ae out, does not create the Dind o1 "a"er trail !ou
are looDing 1or. !our antics are "rett! trans"arent. also, the cute calls
during the da!, Bhen !ou "retend to Ae someAod! else, onl! ser;e to re>
in1orce our concerns aAout !our mental staAilit! K the cautions Be must
taDe Bhen dealing Bith !ou. this is the res"onse to !our email o1 last
e;ening ((H03H0,(( \ *:4*"m# rghG
-he No;emAer (7th, 0,(( email, 3ill re1erences aAo;e, at "aragra"h 4 reads:
G4> !ou can get !our "ossessions out 8N9-2?E, B5- %N=9 %N -3E
.%==%72N< C%ND2-2%N6: a> !ou oBe K must "a!, in cash, I3, "er
da! I9,,H3, ] I3,#starting No;emAer (, 0,((, 1or storage. there is no
requirement that Be mo;e !our stu11. !ou "icD the date and "a! through
that date > BE.%)E !ou get !our stu11. =%%J 8- -3E 6-8-5-EW !es,
Be could "a! I0,,,, to mo;e !our hoard o1 goods into a storage 1acilit!.
hoBe;er, Bhile the rent might Ae chea"er, the total Bould Ae 1ar more than
Cust lea;ing it Bhere 9%5 =E.- 2-. Be are mitigating !our damages, and
actuall! maDing it chea"er 1or !ou to get !our stu11 released 1rom the
statutor! lien.
A> Aecause o1 !our re"eated AreaD>ins, Bhich com"romised the securit! o1
the home, !ou need to also "a! the I(,,', that the contractor charged to
secure the home and its contents !our ;aluaAle "ossessions#. that "rice
does not include the Aasement door that Bas destro!ed in the "rocess o1
getting !ou out Bhen !ou Bere arrested. Aut, i1 !ou "a! the other related
costs, Be Bill recommend that Dr. ?erliss Bai;e the damaged door.
c> !ou Bill N%- Ae alloBed to taDe !our com"uters K drugs and lea;e all
the rest o1 the mass o1 CunD 1or us to clean u" at the house. !ou need to
coo"erate.
d> !ou Bill need to demonstrate the 1inancial aAilit! and adequate
man"oBer to get suAstantiall! e;er!thing out in one da!. Be suggest that
means a u>haul, or something
similar, and some man"oBer to assist. Be ?89 Ae Billing to alloB !ou
more time, de"ending on !our de"ortment, !our sincerit! and !our e11orts.
to date, !ou ha;e Aeen sorel! lacDing on all 1ronts.
i1 !ou Bant to maDe a "ro"osal, "ut it in an email K send it AacD. hoBe;er,
"lease Dee" it real. !ou are not in control > on man! le;els.G
6o, reall!, once 3ill 1ound out CoughlinFs clientFs 1iles Bere, in "art, onl! to Ae
1ound on CoughlinFs ;arious hard dri;es, his Bhole Go11erG to release those clientFs 1iles
Gno chargeG ;anished, and instead Aecame suACect to Coughlin 1ul1illing G"aragra"h 4G
o1 3illFs No;emAer (7th, 0,(( email meaning, 1or Coughlin to get his clientFs 1iles,
some o1 Bhich Bere onl! located on the ;arious hard dri;es, Coughlin Bould ha;e had
to "a! 3ill, cash, on No;emAer 0+th, 0,(( I3, / 0+ "lus I(,,', 1or the contractorFs Aill
to GsecureG the "ro"ert!, all su""osedl! "remised u"on some N)6 ((*8.4',
GreasonaAle storage, mo;ing, and in;entor!ingG e/"enses "ersonal! "ro"ert! lien
theor!, $=56, Coughlin Bould ha;e to meet 3illFs requirements that, "rior to Aeing
alloBed on the "ro"ert!, Coughlin "resent Bith a 5>3aul, a rented dum"ster, and a
GcreB o1 mo;ersG su11icient to mo;e an entire home laB o11iceFs contents out Bithin an *
hour "eriod, the da! Ae1ore -hanDsgi;ing, oh, and all that mo;ing Bould ha;e to occur
through the home o11iceFs 1ront door onl!, according to 3ill# though 3ill did hand o;er
to Coughlin GtBo Aags o1 "a"ersG:
G.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: -ue ((H00H(( ((:43 8?
?r coughlin > this con1irms that !ou ha;e !our Ballet > and Bhate;er Bas 2in
it. I also released two bags of papers to you. Don't know what is in them
21 !ou Bant to discuss the "rotocol 2 ha;e laid out 1or !ou to get the rest o1
!our stu11, 1eel 1ree. 2t is not Britten in stone, Aut !ou DnoB the "arameters
that !ou Bill need to meet...G
8ctuall!, 3ill s"ells out Bhat, e/actl!, o;er and aAo;e an! reasonaAle reading
o1 N)6 ((*8.4',Fs Gmo;ing, storage, and in;entor!ing e/"ensesG "ersonal
"ro"ert! lien "ro;ision entitles him to, that 3ills demands Ae "aid 8ND
D%NE Ae1ore Coughlin Bould Ae a11orded access to those clientFs 1iles o1 his
that Bere to Ae 1ound onl! on CoughlinFs hard dri;es:
G3E)EF6 -3E DE8= .rom: )ichard 3ill rhill\richardhillaB.com# 6ent: .ri
((H0+H(( 7:4' 8? -o: Eachcoughlin\hotmail.com ?r. Coughlin > these are
the terms under Bhich !ou Bill Ae alloBed onto the ri;er rocD "ro"ert! and
into the house 1or -%D89 K toda! onl!. -3E6E -E)?6 8)E N%- %$EN
-% NE<%-28-2%N > 8- 8==
(> !ou said !ou had cashierFs checDs to "a! 1or the lien 1ees. -he! must Ae
"a!aAle to me and draBn on a recogniEaAle local AanD. 21 not, then cash, Aut
that com"licates things, and that cuts into !our time. -he amount is I(,,', 1or
the necessar! re"airs to secure the "ro"ert! a1ter !our re"eated AreaD>ins.
8lso, I3,Hda! 1or storage. -oda! is the 0+, that means !ou "a! 1or 04 da!s
I3, / 04 ] I70,# -%-8= >>I(,7*,. Be understand that !ou contest the lien.
0> the aAo;e 1igure taDes !ou at !our Bord that !ou Bill use !our Aest e11orts
to remo;e as much o1 !our "ro"ert! 1rom the "remises as "ossiAle toda!. 21
!ou maDe reasonaAle "rogress, reasonaAle accommodations Bill Ae made to
alloB !ou 1urther access
3>N%NE o1 the securit! "oints at the home are to Ae disturAed >8- 8==.
-326 6$EC2.2C8==9 ?E8N6 -38- -3E B%8)D6 %N -3E B8CJ
$%)C3 )E?82N K 8)E N%- -8?$E)ED 72-3, )E?%VED, %)
C%?$)%?26ED 2N 8N9 789.
4> !ou Bill ha;e !our creB and ;ehicle 1or trans"ort o1 !our goods there at 9
a.m. No creB or inadequate ;ehicle > no deal. 9our K !our agentsF
authoriEation to Ae at the "ro"ert! e/"ires at 4:4+".m. -%D89. -hat means
that !ou and the! Bill Ae gone A! that time. 9ou K the! agree not to come
AacD to the "ro"ert! Bithout "rior authoriEation. 9ou and !our agents Bill
"rint !our names and sign K date a co"! o1 this email Bhich Bill Ae gi;en to
me BE.%)E !ou get into the house
+>B9 62<N2N< BE=%7, 9%5 8ND 9%5) 8<EN-6 3E)EB9
)E=E86E D) ?E)=266 326 -)56-#, ?E K ?9 .2)?, 2N 8DV8NCE,
.ROM ANY AND ALL IN1URIES, FROM ANY SOURCE & OF ANY
KIND, 8)262N< %5- %. 9%5) %) -3E2) $)E6ENCE %N -3E
$)%$E)-9 -%D89 %) 2N -3E .5-5)E 8665?2N< .5-5)E
85-3%)2Z8-2%N .%) 68?E#. 9%5, $E)6%N8==9, 8<)EE -%
2NDE?N2.9 56 .)%? 8N9 65C3 =%66, C%6- %) D8?8<E,
2NC=5D2N< .EE6. B9 62<N2N< BE=%7, 9%5 8<)EE -% 8== %.
-3E .%)E<%2N< $)2N- N8?E6 D8-E 62<N
Finally, your computer & 2 laptops, that were previously placed in
storage, will be released when your compliance with the foregoing has
been verified. Please confirm your agreement Do I need to have the cops
there?N )ghG
6o, 1inall! 3ill admits that his Aig, generous "rior o11ers to "ro;ide Coughlin his
clientFs 1iles Bere nothing more than a chimera:
G.7: 3E)EF6 -3E DE8= .rom: )ichard 3ill rhill\richardhillaB.com#
6ent: .ri ((H0+H(( 9:4* 8? -o: Eachcoughlin\hotmail.com ?r coughlin > 2
sent !ou the emails AeloB Aecause !ou said !ou Banted to "a!, alAeit under
"rotest, that !ou had a creB K ;ehicle K Banted to get !our stu11. NoB, !ou
change !our stor! K are AacD to !our mantra...."give it to me for free" Part
of the reason I could not find what you claim are client files, is because
you would not cooperate, and your living quarters in the basement were
not exactly conducive to any kind of organiztion At this point, all offers
are revoked. 8""arentl!, !ou Bill need to Ae seeing the Cudge, Aecause !ou
are clearl! more interested in hassling than in getting on Bith li1e. 6ta! aBa!
1rom m! o11ice K me. Do not call. 9ou are stalDing me K m! sta11. 6-%$ 2-W
rghG
.rom: )ichard 3ill rhill\richardhillaB.com# 6ent: .ri ((H0+H(( ((:,+ 8?
... 2 met !our mother. 2 Aet sheFs in tears K has Aeen 1or !ears, courtes! o1 !ou.
the e/>girl1riend...oA;iousl! 1led....G
32ll also has addressed Coughlin on the "hone "re;iousl! A! sa!ing: G2s this
BacD! ZacD! on cracD!NG
-he attached emails AetBeen 3ill, Coughlin, and )4C Ci;il .iling %11ice
6u"er;isor Jaren 6tancil re;eal that 3ill ne;er actuall! intended to gi;e Coughlin his
clientFs 1iles, Aut rather, Cust a Aag o1 trash, and that the notion that clientFs 1iles could Ae
located on hard dri;es Bas Cust too much 1or 3ill to Aear, as he ;ieBed CoughlinFs
com"uters as items that Coughlin Bished to Gcherr! "icDG 1rom the Gmostl! CunDG on the
"ro"ert! that 3ill recommended Coughlin Grent a dum" trucD 1orG. CoughlinFs clients
Bould ha;e to Bait until DecemAer 00nd, 0,(( 1or 3ill to 1inall! turn o;er the 1iles.
Coughlin shoBed u" to the )4C 1or the noticed No;emAer 00nd, 0,(( 3earing on the
?otion to Contest $ersonal $ro"ert! =ien, Aut 3ill 1ailed to. -he 3earing Bas reset 1or
DecemAer 0,th, 0,((, and not matter Bhat an!one sa!s, an %rder Bas issued, one that
Coughlin a""ealed or sought to a""eal, and in no Ba! did Coughlin GagreeG to such
%rder, Bhich 1olloBed ' hours o1 a hearing litigating the matter.
8dditionall!, this is a grie;ance against 3ill and BaDer concerning their l!ing under oath at the 4une
(*th, 0,(( criminal tres"ass 1rom m! 1ormer laB o11ice trial in )?C (( C) 0'4,+. $lease re;ieB the
ClaiAorne decision 1or su""ort 1or the contention that neither Bar Counsel Jing, 6BN 2n;estigator $eters,
or the 6BN Bill 1ind a;ailing an! argument that no in;estigation Bas required on their "art res"ecting those
allegations "articularl! during the + months "eriod AetBeen 3illFs 4anuar! (4th, 0,(0 Britten, Aut
unsigned, grie;ance to $at Jing and the con;iction on 4une (*th, 0,(0...certainl!, the 6BN has taDen an
interest in m! pending criminal matters...#. 2n ClaiAorne, the 6BN Bas taDen to tasD 1or maDing such a
suggestion that no dut! to in;estigate on their "art Bas "resent, Bhere the Court ruled it clearl! Bas...
$lease re;ieB the sBorn Declaration A! 3ill attached to his No;emAer 0,th, 0,(( %""osition to CoughlinFs
?otion to Contest $esonal $ro"ert! =ien and that %""osition itsel1, es"eciall! the Ait in 3illFs Declaration
Bhere he 1ails to allege the )$D identi1ied themsel;es as laB en1orcement or issued an GlaB1ul orderG 1or
Coughlin to Gemerge 1rom theG GAasementG Bhich ne;er had an outside locD to Aegin Bith# prior to
landlord ?erliss DicDing the door doBn and isnFt is interesting that the )$D did not 1eel it had authorit! to
DicD a door doBn...suggesting the! also 1elt the! did not ha;e authorit! to issue a GlaB1ul orderG or
Barning, "ursuant to )?C *.(,.,(, to Coughlin to lea;e the "remises. 2 am com"laining o1 an unlaB1ul
tres"ass and in;asion A! 3ill, BaDer, and ?erliss, es"eciall! Bhere in the other ;ideos "ro;ided to )eno
Cit! 8ttorne! Chris 3aElett>6te;ens and this is a 1ormal grie;ance against 3aElett>6te;enFs as Bell,
es"eciall! considering the e/tent to Bhich he "ut on "erCured testimon!, 1ailed to hold 3ill to a suA"oena,
in ;iolation o1 CoughlinFs right to a s"eed! trial during the same ' BeeD ;acation A! 3ill that resulted in
the )4C 1ailing to gi;e Coughlin a timel! 3earing on his No;emAer ('th, 0,(( 1iling o1 a ?otion to
Contest $ersonal $ro"ert! =ien in the e;iction matter 1rom CoughlinFs 1ormer home laB o11ice in the )4C,
)EV0,((>,,(7,*...a ?otion 1or Continuance Bas 1iled A! cit! attorne! Christo"her 3aElett>6te;ens,
Bhich CoughlinFs then )?C a""ointed de1ense Counsel =eB -aitel 1ailed to timel! in1orm Coughlin o1 and
agree to des"ite Coughlin, at that time, ha;ing 1iled a laBsuit against Ne;ada Court 6er;ices, on %ctoAer
(9th, 0,(( in CV>,3,+(, CV((>,3,+( Z8C3 C%5<3=2N V6. ?8-- ?E)=266 E- 8= D(#. (9>%C->
0,((.
0urther, any #ritings or filings by 5ar Counsel King and or Chairman !usich *#hether !usich's
@une 1;th, 2012 !C9 11F 2isability +etiton against Coughlin in E09F or in Kings August 23rd,
2012 !5: & Coughlin !C9 10 Complaint that suggest or indicate Coughlin committed a
Bbrea%ing and enteringB of his former la# office, or that the Bloc%s #ere bro%enB is totally
unsupported and rec%less and contradicted e4plicitly by the &ideos Hill himself filmed and his
statements therein *the !C9 10 Complaint filed by King is comprised of :G12?0206, Hill's
@anuary 12th, 2012 grie&ance against Coughlin, :G12?0636, @udge :ash Holmes' <arch 16th,
2012 grei&ance against Coughlin, #hich she purports to file on behalf of herself and all other
9<C @udges, e&en one's Coughlin has ne&er been before, e&en pro tempore @udges, and :G12?
063, the Bimmaculate conceptionB grie&ance filed by, #ell,um(((@udge :ash Holmes on behalf of
@udge "illiam Gardner and Bthe other 9<C $udgesB after @udge "illiam Gardner passed the April
2009 Crder of his sister @udge -inda Gardner, gi&en to him by his sister, Judge Linda Gardner to
@udge :ash Holmes, #ho then filed it #ith her <arch 16th, 2012 grie&ance against Coughlin #ith
the !tate 5ar of :e&ada, and therein sought to ha&e Coughlin declared Bmentally incompetentB, a
fact #hich did not pre&ent @udge "illiam Gardner, despite his %no#ledge of this, from plo#ing
ahead in an desperate attempt to get the criminal trespass matter from Coughlin's former home
la# office completed in a &ery e4peditious manner *after the 9<C granted a si4 #ee%
continuance to Hill, on account of his being on &acation, in that trespass matter, 11 C9 2E60, on
:o&ember 30th, 2011(((#hich is the e4act same day that the 9<C's @udge Kenneth Ho#ard
denied Coughlin's re7uest for a continuance in 11 C9 221FE of the B"al?<art candy barB trial that
is the sole basis for Coughlin's no# o&er four month long temporary suspension of his la#
license, e&en #here Coughlin alleged Hill #as applying an unla#ful rent distraint, &erboten under
:9! 11;A(20, to e4culpatory &ideos ta%en by Coughlin that pro&e that "al?<art had threatened
to ha&e Coughlin Bbanned from all the "al?<artsB in retaliation for Coughlin arguing #ith "al?
<art's Assistant !tore <anagers and Customer !er&ice personnel concerning the e4tent to #hich
"al?<art con&eniently BforgetsB its 9eturn +olicy *the one that has dri&en most other retailers out
of business, #hen it benefits the <anagers to do so *depsite ha&ing had the same $ob for 10
years and being paid W10,000 a year to do it,( Cn @uly Fth, 2011 "al?<art's Assistant !tore
<anager @ohn Dllis and a Asset +rotection Associate threatened Coughlin by indicating they #ere
going to retaliate against him for his arguing about the 9eturn +olicy by ha&ing him Bbanned from
all "al?<artsB( Hill #as #ithholding a &ideo of that and other misdconduct by "al?<art of an
e4culpatory 7uality from Coughlin under some unla#ful rent distraint #hen 9<C @udge Kenneth
Ho#ard denied Coughlin a continuance, on :o&ember 30th, 2011 *in fact, @udge Ho#ard %ept his
entire court staff #or%ing at o&ertime pay until 9 pm that night because he, apparently, #as so
eager to pre&ent Coughlin from being able to access such e4culpatory materials during the
pendency of the 8rial should it not be concluded in one day,( +rior to the !eptember 9th, 2011
custodial arrest of Coughlin for petty larceny of Ba candy bar and some cough dropsB that he
allegedly consumed #hile shopping for and paying for some W;3(;2 #orth of groceries )n that
"al?<art case, the search incident to arrest conducted by the 9eno !par%s )ndian Colony Cfficer
Kameron Cra#ford found once half of one pac%age of 2uract Cough <elts, and despite "al?
<art's 8homas 0rontino and Cfficer Cra#ford's testimony to the contrary, the receipt for the
W;3(;2 #orth of groceries Coughlin purchase that day did, in fact, contain an entry for the same
/+C for the same 2uract Cough <elts that they alleged Coughlin consumed #hile shopping(
Cfficer Cra#ford committed per$ury on the #itness stand, suborned by 9eno City Attorney
+amela 9oberts, #here he e4cused his conducting a custodial arrest and search incident thereto,
for a misdemeanor arrest, for alleged conduct occurring outside the officer's presence, after F pm,
and #here "al?<art's 0rontino admitted that "al?<art did not effect a BcitiAen's arrestB upon
Coughlin, all a &iolation of :9! 1F;(13E, #ith Cfficer Cra#ford channeling the o&ercharging the
alleged lost, mislaid, or abandoned three year old i+hone as a felony grand larceny Bho#'s that'B
prete4tual, retaliatory histrionics of one Cfficer :icholas 2uralde by lying that Coughlin failed to
gi&e Cfficer Cra#ford his dri&er's license, #hich, too bad for Cfficer Cra#ford, the )nterrogation
9oom &ideo's pro&ided by "al?<art to 9eno City Attorney's Cffice prosecutor +amela 9oberts
clearly do sho# Coughlin handing Cfficer Cra#ford Coughlin's dri&er's license *and further
support for that fact is found by Cra#ford calling in the dri&er's license number to his dispatch to
run a chec% for priors, by Cra#ford copying information off Coughlin's dri&er's license to his
2eclaration of +robable Cause and Arrest 9eport, and by the "C2C boo%ing personal property
in&entory sheet for Coughlin sho#ing that Coughlin did, in fact, ha&e his :e&ada dri&er's license
#ith him at the time, all of #hich #as %no#n to prosecutor +am 9oberts, much li%e 22A =oung
has been pro&ided &ideoSaudio e&idence that sho#s Larata, Goble, and Cfficer 2uralde ha&e lied
repeatedly throughout this 8rial in 9C92011?0E3361,(((this one consists of the April 2009 Crder
After 8rial by 9<C @udge "illiam Gardner's sister, 0amily Court @udge -inda Gardner, that,
pursuant to :9! F(0; sanctioned Coughlin W1,000 personally and #as the Bsole reasonB for
Coughlin being fired from "ashoe -egal !er&ices in <ay 2009, according to "-! D4ecuti&e
2irector +aul Dlcano( Dlcano had told Coughlin in 0ebruary 2009 that both @udge -inda Gardner,
<aster !ue Ddmondson, and one other @udge had gi&en Coughlin a Bthumbs upB for his #or% as
a domestic &iolence attorney for "-!, and that @udge -inda Gardner Bo#edB Dlcano Ba big fa&or
because ) did something for her a long time ago(((B, +lease correct any such filings and alert the
Court to your transgressions(
NRS 171.1255 Arrest by officer or agent of Bureau of Indian Affairs or
police officer employed by Indian tribe.
(. E/ce"t as otherBise "ro;ided in suAsection 0, an o11icer or agent o1 the Bureau o1
2ndian 811airs or a "erson em"lo!ed as a "olice o11icer A! an 2ndian triAe ma! maDe an
arrest in oAedience to a Barrant deli;ered to him or her, or ma!, Bithout a Barrant,
arrest a "erson:
a# .or a "uAlic o11ense committed or attem"ted in the o11icer or agentRs "resence.
A# 7hen a "erson arrested has committed a 1elon! or gross misdemeanor, although
not in the o11icer or agentRs "resence.
c# 7hen a 1elon! or gross misdemeanor has in 1act Aeen committed, and the o11icer
or agent has reasonaAle cause 1or Aelie;ing the "erson arrested to ha;e committed it.
d# %n a charge made, u"on a reasonaAle cause, o1 the commission o1 a 1elon! or
gross misdemeanor A! the "erson arrested.
e# 7hen a Barrant has in 1act Aeen issued in this 6tate 1or the arrest o1 a named or
descriAed "erson 1or a "uAlic o11ense, and the o11icer or agent has reasonaAle cause to
Aelie;e that the "erson arrested is the "erson so named or descriAed.
1# 7hen the "eace o11icer has "roAaAle cause to Aelie;e that the "erson to Ae
arrested has committed a Aatter! u"on that "ersonRs s"ouse and the "eace o11icer 1inds
e;idence o1 Aodil! harm to the s"ouse.
0. 6uch an o11icer or agent ma! maDe an arrest "ursuant to suAsection ( onl!:
a# 7ithin the Aoundaries o1 an 2ndian reser;ation or 2ndian colon! 1or an o11ense
committed on that reser;ation or colon!: or
A# %utside the Aoundaries o1 an 2ndian reser;ation or 2ndian colon! i1 the o11icer or
agent is in 1resh "ursuit o1 a "erson Bho is reasonaAl! Aelie;ed A! the o11icer or agent
to ha;e committed a 1elon! Bithin the Aoundaries o1 the reser;ation or colon! or has
committed, or attem"ted to commit, an! criminal o11ense Bithin those Aoundaries in the
"resence o1 the o11icer or agent.
b .or the "ur"oses o1 this suAsection, L1resh "ursuitM has the meaning ascriAed to it in
N)6 (7(.(+'.
N)6 (7(.(3' 7hen arrest ma! Ae made:...
0. 21 it is a misdemeanor, the arrest cannot Ae made AetBeen the hours o1 7 ".m. and
7 a.m., e/ce"t:
A# 7hen the o11ense is committed in the "resence o1 the arresting o11icer:
c# 7hen the "erson is 1ound and the arrest is made in a "uAlic "lace or a "lace that
is o"en to the "uAlic and:
(# -here is a Barrant o1 arrest against the "erson: and
0# -he misdemeanor is disco;ered Aecause there Bas "roAaAle cause 1or the
arresting o11icer to sto", detain or arrest the "erson 1or another alleged ;iolation or
o11ense:
d# 7hen the o11ense is committed in the "resence o1 a "ri;ate "erson and the "erson
maDes an arrest immediatel! a1ter the o11ense is committed:
6ec. *.(,.,4,. > $etit larcen!.
L2t is unlaB1ul 1or an! "erson to taDe or carr! aBa! the "ro"ert! o1 another Bith the
intent to de"ri;e the oBner o1 his "ro"ert! therein, in an! ;alue less than I0+,.,,, and
1or his con;iction there1or, he shall Ae 1ined in an amount not more than I(,,,,.,, andH
or Ae incarcerated not more than si/ months. 2n addition to an! other "enalt!, the court
shall order the "erson to "a! restitution.M
-he arrest in this matter 1ails on e;er! element o1 N)6 (7(.(0'0#A#>d#.
.urther, Bhile it is quite questionaAle to in1er e;idence o1 guilt Aased u"on the 1ruit o1
an im"ermissilAle search o1 CoughlinFs "ocDets Bhich allegedl! re;ealed one hal1 o1
the contents o1 one "acDage o1 Duract Cough ?elts ' melts in a 1oil sheet#, es"eciall!
Bhere Coughlin had Cust "aid 1or and the recei"t 1or I*3.*0 con1irms this# a "acDage o1
the e/act "roduct allegedl! consumed, the Duract Cough ?elts 5$C ,7300('3,,93#.
-his is "articularl! true Bhere there Bas not e;idence in the record or testimon! o11ered
that the contents o1 CoughlinFs sho""ing Aag 1rom the I*3.*0 Borth o1 items "aid 1or,
did or did not include an o"ened and or hal1 1ull "acDage o1 those ;er! Duract Cough
?elts#. -o the e/tent that )?C 4udge 3oBard re1used to let Coughlin testi1! on his
oBn Aehal1 at trial, such an utter "aucit! o1 e;idence to su""ort the allegations,
comAined Bith the m!riad instances Bhere the testimon! o1 7al>?artFs .rontino and
that o1 )62C $olice %11icers CraB1ord and BraunBorth, is "articularl! trouAling,
es"eciall! to the e/tent that the Cit! o1 )eno and the )eno ?unici"al Court arguaAl!
ha;e a ;ested interest in limiting the costs associated Bith "ro;iding de1ense counsel to
indigent "arties Coughlin Bas denied his 6i/th 8mendment )ight to Counsel under
8rgersinger, Bhere, as here, even the possibility o1 Cail time e/ists> and Coughlin ser;ed
3 da!s in Cail in connection Bith this trial court matter Cit! 8ttorne! $am )oAerts:
8rgersinger ;. 3amlin, 4,7 5.6. 0+ (970## and collecting the 1ines associated Bith
con;ictions. -his 1irst o11ense allegation o1 sho"li1ting, 1or some I(4.,, o1
merchandise, resulted in a I4,, 1ine and 3 da!s in Cail, all Bith no 6i/th 8mendment
de1ense counsel costs attendant to the "rosecution.
2t Bould Ae 1alse to sa! the 7al>?art loss "re;ention associate -homas
.rontino made an arrest himsel1, and es"eciall! duAious to assert that .rontio met the
requirement o1 . -here Bas no allegation o1 that at the trial. -he )62C %11icers
CraB1ord and BraunsBorth made the arrest, as such, N)6 (7(.(0' is ina""licaAle.
E;en i1 it Bere a""licaAle, 7al>?artFs .rontinoFs testimon! Bas so ri1e Bith
unsu""orted, contradictor!, and disengenous statements as to ;itiate an! su""ort 1or
an! allegation that .rontino Bas entitled to arrest Coughlin, under N)6 (7(.(0'(# 1or
La "uAlic o11ense committed or attem"ted in the "ersonFs "resenceM.he L"ersonall!
BitnessedM Coughlin taDe a refrigerated ice cream bar o11 the shel1 in the cand! isle
and consume it Bas sho""ing 1or other itemsN .rontino could see he admitted he could
not hear Bhat Bas said AetBeen Coughlin and the 7al>?art cashier, Bhom 7al>?art
1eigned an inaAilit! to locate or determine the identi1! o1# every item rung up by the
cashier and off the top of his head now that none of those items bore a '() with the
same number as the !uract )ough Melts *rontino alleged )oughlin consumed while
shopping+""".urther, .rontinoFs testimon! aAout hoB he L"ersonall! Bitnessed Coughlin
consume the cough dro"s Bhile sho""ingM is inconsistent Bith his testimon! that 7al>
?art "olic! did not "ermit .rontino to 1olloB Coughlin into the restroom at 7al>?art
and that, there1ore, .rontino lacD a Aasis 1or maDing 1urther attem"ts to in;estigate an!
sus"icion he had Bith res"ect to the Duract Cough ?elts, there1ore lea;ing 7al>?art
and .rontino to hinge their ho"es o1 le;eraging the )62C $olice to conduct an unlaB1ul
search o1 Coughlin. -o the e/tent that .rontino admitted neither he or an!one 7al>
?art ma! ha;e sought to testi1! at trial could hear Bhat Bas said AetBeen Coughlin
and the cashier, .rontinoFs ;antage "oint does not meet the Lin the "ersonFs "resenceM
standard required A! N)6 (7(.(0'(#, though .rontino still signed the Criminal
Com"laint sBearing that he had such a Aasis 1or maDing his allegations.
N)6 (7(.(0'(# : L 8rrest A! "ri;ate "erson. 8 "ri;ate "erson ma! arrest anotheCit!
8ttorne! $am )oAerts: (. .or a "uAlic o11ense committed or attem"ted in the "ersonRs
"resence.M
)62C %11icer CraB1ordFs Britten re"ort demonstrates a "ro1ound lacD o1
a""reciation 1or the "roAaAle cause requirement, Bhile at the same time, dis"la!ing a
cunning, and cra1t! a""roach to s"inning the ne/us AetBeen "roAaAle cause, detaining a
sus"ects, citiEenFs arrest, 1ourth amendment e/ce"tions, and N)6 (7(.(03. 2n his
Britten re"ort included in the attached E/hiAit 0, a collection o1 the disco;er!
"ro"ounded A! the Cit! o1 )eno, 1inall!, Bell o;er one month a1ter the arrest and a1ter
Coughlin had made numerous attem"ts to get a co"! o1 such materials, 1rom, and in
"erson and A! Briting, the )62C $olice 1orce meeting Bith 6argent 8;ansino and
Aeing re1used such documentation#, the )eno ?unici"al Court, the Cit! o1 )eno Cit!
8ttorne!Fs %11ice>on a""ro/imatel! 6e"temAer (+
th
, 0,(( Coughlin s"oDe Bith De"ut!
Cit! 8ttorne! Christo"her 3aElett>6te;ens and inquired as to the a;ailaAilit! o1 such
Bitness statements, "olice re"orts, or an! other materials 1rom 7al>?art, the )62C, or
an!one else and Bas told A! 3aElett>6te;ens that the Cit! 8ttorne!Fs %11ice had not and
Bould not recei;e such materials until a1ter the arraignment in this matter, Bhich Bas
set 1or some 3, da!s a1ter the arrest 6e"temAer 9
th
, 0,(( to %ctoAer (,
th
,
0,(0#...Coughlin "leaded Bith 3aElett>6te;ens to Cust LdouAle checDM and asD e;er!one
else in the o11ice i1 an! such disco;er! or documentation had Aeen "ro;ided to the Cit!
8ttorne!Fs %11ice and 3aElett>6te;ens indicated he Bould, and therea1ter con1irmed to
Coughlin that no such items had Aeen recei;ed, and 1urther, that Coughlin had not right
to them "rior to the arraignment, in an! e;ent, either 1rom the Cit! 8ttorne!Fs %11ice,
the )?C, or the )62C $olice De"artment. 3oBe;er, the 1a/ headers and dates on the
disco;er! later "ro;ided A! the Cit! 8ttorne!Fs %11ice certainl! seems to indicate that
such materials Bere 1a/ed to the Cit! 8ttorne!Fs %11ice A! the )62C $olice De"artment
on 6e"temAer (3
th
, 0,((, hoBe;er, the "age numAers and "age counts Bould seem to
indicate some materials Bere not "ro"ounded#.
2n his L8rrest )e"ort and Declaration o1 $roAaAle CauseM 1rom 6e"temAer 9
th
,
0,((, )62C %11icer CraB1ord Brites:M%n 9H9H(( at aAout 0(:0( hours 2 res"onded to
040+ E. 0
nd
6t., )eno, NV *9+,0 1or a $etit =arcen!. 5"on m! arri;al 2 met Bith 8sset
$rotection 8ssociate -homas .rontino, Bhom made a citiEens arrest 1or $etit =arcen!.
.rontino Bas in "ossession o1 the stolen items.M .rontinoFs testimon! at trial, hoBe;er,
clearl! indicated he had onl! asDed Coughlin to meet Bith him, not that .rontino had
Limmediatel!M made a LcitiEenFs arrestM right a1ter the commission o1 the alleged crime.
.urther, i1 .rontino had made such a LcitiEenFs arrestM and LBas in "ossession o1 the
stolen itemsM, then Bh! did it taDe 1i;e minutes o1 interrogation A! the )62C %11icers
and a "at doBn Ae1ore the technical "oint o1 arrest A! CraB1ord, and Bh! did CraB1ord
need to e/"lain his decision to arrest, and conduct a search incident to arrest, and Aasis
1or "roAaAle cause 1inding to do so, u"on some alleged 1ailure A! Coughlin to "ro;ide
his dri;erFs licenseN -he disco;er! "ro"ounded a month later still did not ha;e an!
?agistrate or 4udicial %11icerFs signature a""ro;ing the "roAaAle cause 1inding, des"ite
the 4* hour requirement that such Ae issued.
3oBe;er, in his L2ncident )e"ortM, made a da! later, )62C %11icer CraB1ord
Brites:
L%n 9H9(0, (( at a""ro/imatel! 0 (0( hours, %11icer BraunBorth and
2 Bere dis"atched to 040+ East 6econd 6treet )eno, N9 *9+,0 1or a
re"ort o1 a "etit larcen!. 5"on our arri;al Be met Bith 7a2>?art
8sset $rotection 8ssociate -homas .rontino Bho stated, he observed
a white male adult, identified as Zachary Coughlin, walking
through the store opening various items and discarding them in
the garbage can. .rontino stated, he also observed Coughlin eat a
candy bar while walking through the store. Coughlin "assed all
"oints o1 sale inside o1 7al>?art and e/ited. Coughlin Bas then
detained A! .rontino 1or "etit larcen!. $lease re1er to .rontinoFs
6tatement 1or 1urther in1onnation. %11icer BraunBorth asDed Coughlin
i1 he had an! Bea"ons on his "erson and Coughlin stated, he did not. 2
asDed Coughlin i1 2 could ha;e "ermission to search his "erson 1or
Bea"ons. Coughlin ga;e me consent, Aut stated do not go into m!
"ocDets. l searched the outer clothing o1 Coughlin and 1ound no
Bea"ons on him. 2 then "roceeded to asD Coughlin questions
"ertaining to issuing him a citation 1or "etit larcen!.
Coughlin hoBe;er, re1used to ansBer m! questions relating to a
citation and Aecame uncoo"erati;e. Coughlin Bas then "laced under
arrest 1or "etit larcen!. 2 Aegan m! search incident to arrest on
Coughlin and 1ound cough dro"s still Bra""ed in his "ocDets.
.rontino Bas aAle to con1irm the! Bere the same cough dro"s that
came 1rom the o"ened cough dro" Ao/es 1rom inside the store that
Bere un"aid 1or. 8t a""ro/imatel! 00,, hours, 2 trans"orted Coughlin
to the 7ashoe Count! Detention .acilit! and AooDed him 1or )eno
?unici"al Code *.(,.,4, "etit larcen!. 8t a""ro/imatel! 0(00 hours,
2 cleared the incident Bith no 1urther incidentM
%11icer CraB1ord testi1ied at trial that Coughlin re1used to "ro;ide his dri;erFs
license, hoBe;er, this 2ncident )e"ort merel! mentions Coughlin allegedl! re1using to
LansBer m! questions "ertaining to issuing a citationMN 7h! the remi/ come trial
timeN Could it Ae thata sus"ectFs allegedl! 1ailing to "ro;ide an %11icer a res"onse to
his querr! o1 LBhom do !ou BorD 1orM does not quite Custi1! the older L2 had to arrest
him under N)6 (7(.(03 Aecause 2 couldnFt Ae sure o1 his identi1!M a""roach, es"eciall!
Bhere the %11icer Bas gi;en the sus"ectFs dri;erFs license, and ran a NC26 checD on it
A! calling his dis"atch, Brote the dri;erFs license numAer doBn on his contem"oraneous
8rrest )e"ort and Declaration o1 $roAaAle Cause, and Bhere the %11icer is clearl! seen
Aeing handed the dri;erFs license A! Coughlin in the 7al>?art interrogation room
;ideoN 8n! Bh! is it that no other ;ideo e/ists to su""ort an! o1 7al>?art and
.rontinoFs allegation o1 Coughlin consuming this or that or o"ening this or that, or
throBing this or that aBa!. 21 this had Aeen a sli" and 1all case !ou can Aet 7al>?art
Bould ha;e ;ideos 1rom more angles than a re"la! o1 a great catch in the 6u"er BoBl,
Bith their stores ha;ing literall! hundreds o1 those ceiling mounted camers e;enl!
dis"ersed throught the store and clearl! ;isiAle to all. %h, and, su"rise, sur"rise, there
is no audio on either o1 the 2nterrogation )oom ;ideos "ro;ided A! 7al>?art, des"ite
their loss "re;ention associates carr!ing around recording de;ices throughout the entire
incident, and the )62C 1ailed to "ro;ide an! such recordings as Bell and indicated none
e/ist.
3oB e/actl! Bas .rontino aAle to Lcon1irm the! Bere the same cough dro"s that
came 1rom the o"ened cough dro" Ao/es 1rom inside the storeMN Did these Lcough
dro"sF ha;e a serial numAer attached to themN ?a!Ae the in1erence is that these
Lcough dro"sM Bere o1 the t!"e one Bould 1ind in a Ao/ Bith the 5$C that a""ears on
Aoth recei"ts in E/hiAit ( the recei"t 1or I(4.70 containing the entries 1or the items
allegedl! consumed Bhile sho""ing 1or an! "a!ing 1or the entries on the recei"t 1or
I*3.*0#, hoBe;er, at trial, testimon! Bas the unsu""ortaAle and disengenous "osition
that .rontino DneB the! Bere the e/act Lcough dro"sM that Bere 1ormerl! in the Ao/es
that .rontino had gathered, and not 1rom the Ao/ o1 the same Duract Cough ?elts
again, Aearing the same 5$C# that a""eared on CoughlinFs I*3.*0 recei"t.
=acDing an! real "roAaAle cause to arrest, es"eciall! 1or the alleged
misdemeanor not committed in the %11icerFs "resence, a1ter 7 ".m., see, AeloB, N)6
(7(.(04(#a###, )62C %11icer CraB1ord, a trainee Aeing o;erseen A! %11icer
BraunBorth, Bho could Aarel! rememAer his oBn name on the Bitness stand at trial,
Bas le1t to the duAious at Aest allegation that he had to maDe an arrest Aecause Coughlin
1ailed to "ro;ide his dri;erFs license this assertion Bas duAious at Aest, and 1raudulent
"olice misconduct done under color o1 state laB Aest, considering this occurred at a
retail "ro"ert! oBned A! the same entit!, the )eno 6"arDs 2ndian Colon!, that oBns
and runs the )62C "olice 1orce, and Bhich "artners Bith and rents to land on Bhich this
7al>?art sits, to its Ausiness "artner, 7al>?art, considering that the interrogation
room ;ideos "ro"ounde A! the Cit! o1 )eno itsel1, and 1ilmed A! 7al>?art clearl!
shoB %11icer CraB1or Aeing handed CoughlinFs dri;erFs license A! Coughlin and
CraB1ordFs Britten re"ort has, in CraB1ordFs oBn handBriting, the e/act dri;erFs license
numAer Aelonging to Coughlin on the Lsus"ects in1ormationM "ortion o1 the re"ort, in
addition to other in1ormation taDen directdl! o11 o1 the dri;erFs license Coughlin
"ro;ided to CraB1ord#. .urther, CoughlinFs attem"ts to oAtain the dis"atch calls and
records and an! 9(( calls made A! 7al>?art, Bhere met Bith contradictor! res"onses
and oA1uscation. Nonetheless, u"on in1ormation and Aelie1, such records Bould shoB
Bhat the interrogation room ;ideo shoBs, ie, %11icer CraB1ord using his radio to call
into dis"atch and run a checD 1or "riors on Coughlin utiliEing CoughlinFs dri;ers license
numAer. 2ndeed, the NC26 re"orts and records liDel! are required to shoB Bhen such a
re"ort Bas run and A! Bhom, and %11icer CraB1ordFs suAsequent mincing assertion on
the Bitness stand that the 7ashoe Count! 4ail "ro;ided him CoughlinFs dri;erFs license
numAer is not onl! counter to "ri;ac! laBs and 7ashoe Count! 4ail "olic! and
"rocedure, it is also Alatantl! 1alse and a "athetic attem"t to game the s!stem under
color o1 state laB. -o the e/tent that Cit! o1 )eno De"ut! $rosecutor $amela )oAerts,
Esq., Bas in "ossession o1 these interrogation room ;ideos and continue to 1acilitate
%11icer CraB1ordFs a""arent "erCur!, or, at least, glaring Lmis>rememAeranceM, it should
mitigate an! anger or retaliation made against Coughlin 1or attachign as an e/hiAit to a
"retrial motion the ;arious laB re;ieBs related to "rosecutorial misconduct that 1ormer
"rosecutor, )?C 4udge 3oBard, seemed to 1ind so o11ensi;e and o11"utting.
8 minute A! minute chronolog! re;eals that the I*3.*0 recei"t Bas issued at
0(:(4 on 6e"temAer 9
th
, 0,((. -he I(4.74 recei"t that 7al>?art created to su""ort its
;aluation o1 the items allegedl! consumed Bhile sho""ing Aut not "aid 1or Bas created
some ten minutes later at 0(:04 militar! time, 04 hour clocD#. -he )62C $olice
%11icers Cameron CraB1ord and -he time stam"ing on the tBo 2nterrogation )oom
;ideos "ro;ided A! 7al>?art indicate the interrogation ran 1rom 0(:(7 to 0(:39.
Coughlin "ro;ided )62C %11icer CraB1ord his dri;erFs license at a""ro/imatel! 0(:03
the ' minute 49 second marD o1 the 2nterrogation )oom ;ideo#. CraB1ords 2ncident
)e"ort indicates he trans"orted Coughlin at 00:,, to the 7ashoe Count! 4ail. -he
2nterrogation )oom ;ideos made A! 7al>?art the oneFs Bhere .rontino is seen high
1i;ing a 7al>?art cohort, and seen gi;ing the )62C o11icers a cdHd;d, des"ite the 1act
that later on Aoth 7al>?artFs .rontino and the )62C %11icers CraB1ord and BraunBorth
testi1ied that other than the tBo 2nterrogation )oom ;ideos, no other ;ideos Bere
"ro;ided to the )62C $D, nor Bas an! other rele;ant action caught on ;ideo 1rom that
night. 7al>?artFs -homas .rontinoFs 6u""lemental 7itness 6tatement .orm is dated
6e"temAer 9
th
, 0,(( Bith a time o1 00:(3 and lists his L)esidence 8ddressM as 040+ E.
6econd 6t., )eno *9+,0, Bhich is the address gi;en 1or the 7al>?art as Bell, in
;iolation o1 the 6i/th 8mendment )ight o1 Con1rontation.
7al>?artFs -homas .rontino, =oss $re;ention 8ssociateFs L6u""lemental
7itness 6tatement .orm o1 6e"temAer 9
th
, 0,((, Bith a time com"leted handBritten in
as 00:(3 (,:(3 ".m.# reads:
L%n ,9H,9(0,(( at aAout *:4+ $? 2 noticed a male customer
Bho 2 had "re;ious encounters Bith Bho Be had 1olloBed 1or
sus"icious acti;ities in the "ast. 8s 2 1olloBed him around the
store he made his Ba! AacD and 1orth across the store. 3e
selected ;arious items such as cand! and cough medicine and
some ;arious other 1ood items. 3e o"ened tBo "acDages o1
cough dro"s and concealed the contents inside his "ocDets. 3e
then threB the "acDaging to the cough dro"s in tBo di11erent
garAage cans in the store. %ne in the cand! aisle and one in
the soda aisle.
3e also selected a chocolate Aar Bhich he "roceeded to o"en
and eat throughout the store. 7hen he Bas 1inished sho""ing
he Bent to register (7 and "aid 1or the rest o1 the
merchandise that he had selected. 3e did not hoBe;er maDe
an! attem"t to "a! 1or the chocolate Aar and cough dro"s he
had selected. 3e concealed the Bra""er to the cand! in the
cart and co;ered it Bith sanitiEer Bi"es. 3e then e/ited the
1acilit! ;ia the grocer! doors.
%nce com"letel! outside the 1acilit!, 2 a""roached him Bith
6tanle! Cunningham and identi1ied m!sel1 as 7al>mart asset
"rotection and in1ormed him that 2 needed him to reenter the
1acilit! so that Be Bould Ae aAle to com"lete our
in;estigation. 3e Bas com"liant at this time and 1olloBed us
to the o11ice. 8t this time Aecame non com"liant. -he "olice
arri;ed on scene and tooD o;er the in;estigation. 7hen asDed
A! the o11icers i1 he Bould consent to a "at doBn he
com"lied. 8lso a1ter he Bas "laced under arrest A! the o11icer
his Aelongings Bere em"tied 1rom his "ants "ocDets and Be
Bere also aAle to reco;er some o1 the cough dro"s that he had
concealed on his "erson. 3e then Aecame ;er! non>com"liant
Bith the o11icers questioning. 3e Bas arrested and remo;ed
1rom our 1acilit!. 3e Bas also tress"ased at this time 1rom all
7al>?art 1acilities. Video e;idence Bill also Ae com"iled.M
N)6 (7(.(04(#a##:8rrest A! "eace o11icer or o11icer o1 Drug
En1orcement 8dministration.
(. E/ce"t as otherBise "ro;ided in suAsection 3 and N)6 33.,7,
and 33.30,, a "eace o11icer or an o11icer o1 the Drug En1orcement
8dministration designated A! the 8ttorne! <eneral o1 the 5nited
6tates 1or that "ur"ose ma! maDe an arrest in oAedience to a Barrant
deli;ered to him or her, or ma!, Bithout a Barrant, arrest a "erson:
a# .or a "uAlic o11ense committed or attem"ted in the o11icerRs
"resence.
N)6 (7(.(03 -em"orar! detention A! "eace o11icer o1 "erson
sus"ected o1 criminal Aeha;ior or o1 ;iolating conditions o1 "arole or
"roAation: =imitations.
(. 8n! "eace o11icer ma! detain an! "erson Bhom the o11icer
encounters under circumstances Bhich reasonaAl! indicate that the
"erson has committed, is committing or is aAout to commit a crime.
3. -he o11icer ma! detain the "erson "ursuant to this section onl!
to ascertain the "ersonRs identit! and the sus"icious circumstances
surrounding the "ersonRs "resence aAroad. Any person so detained
shall identify himself or herself, but may not be compelled to
answer any other inquiry of any peace officer.
N)6 (7(.(03( 8rrest i1 "roAaAle cause a""ears. 8t an! time
a1ter the onset o1 the detention "ursuant to N)6 (7(.(03, the "erson
so detained shall Ae arrested i1 "roAaAle cause 1or an arrest a""ears.
21, a1ter inquir! into the circumstances Bhich "rom"ted the detention,
no "roAaAle cause 1or arrest a""ears, such "erson shall Ae released.
N)6 (7(.(03 -em"orar! detention A! "eace o11icer o1 "erson sus"ected o1
criminal Aeha;ior or o1 ;iolating conditions o1 "arole or "roAation: =imitations.
(. 8n! "eace o11icer ma! detain an! "erson Bhom the o11icer encounters
under circumstances Bhich reasonaAl! indicate that the "erson has committed, is
committing or is aAout to commit a crime.
0. 8n! "eace o11icer ma! detain an! "erson the o11icer encounters under
circumstances Bhich reasonaAl! indicate that the "erson has ;iolated or is
;iolating the conditions o1 the "ersonRs "arole or "roAation.
3. -he o11icer ma! detain the "erson "ursuant to this section onl! to ascertain
the "ersonRs identit! and the sus"icious circumstances surrounding the "ersonRs
"resence aAroad. 8n! "erson so detained shall identi1! himsel1 or hersel1, Aut
ma! not Ae com"elled to ansBer an! other inquir! o1 an! "eace o11icer.
4. 8 "erson must not Ae detained longer than is reasonaAl! necessar! to e11ect
the "ur"oses o1 this section, and in no e;ent longer than ', minutes. -he
detention must not e/tend Ae!ond the "lace or the immediate ;icinit! o1 the "lace
Bhere the detention Bas 1irst e11ected, unless the "erson is arrested.
8dded to N)6 A! (9'9, +3+: 8 (973, +97: (97+, (0,,: (9*7, ((70: (99+,
0,'*#
N)6 (7(.(03( 8rrest i1 "roAaAle cause a""ears. 8t an! time a1ter the onset
o1 the detention "ursuant to N)6 (7(.(03, the "erson so detained shall Ae arrested
i1 "roAaAle cause 1or an arrest a""ears. 21, a1ter inquir! into the circumstances
Bhich "rom"ted the detention, no "roAaAle cause 1or arrest a""ears, such "erson
shall Ae released.
7al>?artFs .rontinoFs sBorn Criminal Com"laint, hoBe;er, 1ails to maDe an!
indication o1 Cust hoB he DneB or Bh! he Aelie;ed Coughlin ;iolated )?C *.(,.,4,. -o
the e/tent that .rontino Brites, in his oBn hand, that the items LtaDen or carried aBa!M
des"ite .rontino, i1 not the ;arious neBs outlets co;ering this case, actuall! testi1!ing
that he LBatched Coughlin consume the chocolate AarM Bhile sho""ing# included a
Lchocolate AarM Bhen the 5$C o1 the recei"t 1or the allegedl! stolen items, "ro;ided A!
7al>?art, actuall! re;eals that 5$C to Aelong to a L?agnum DouAle Caramel 2ce Cream
BarM, the Com"laint 1ails to "led Bith the sort o1 s"eci1icit! necessar to sustain a
"rosecution, much less the tem"orar! sus"ension o1 oneFs laB license. 8ttorne!Fs conduct
in continuing to cross>e/amine "olice o11icer a1ter Cudge had ruled that "olice log Bas not
admissiAle Bas not contem"t Bhere attorne! claimed that he Bas tr!ing to im"each
BitnessesF memor!, not la! 1oundation 1or admission o1 log, so that his conduct could not
Ae said to Ae Bill1ul. 5nited 6tates ; <io;anelli (99,, C80 N9# *97 .0d (007. )esort
to summar! dis"osition o1 criminal contem"t "roceeding under )ule 40a#, .ederal )ules
o1 Criminal $rocedure, is "ermissiAle onl! Bhen e/"ress requirements o1 rule are met and
Bhen there is com"elling reason 1or immediate remed! or Bhen time is o1 essence. -hus,
attorne!Fs con;iction 1or criminal contem"t in "ursuing line o1 questioning 1orAidden A!
court Bould Ae re;ersed, since record shoBed that there Bas no com"elling need 1or
immediate remed! "ro;ided A! )ule 40a#, .ederal )ules o1 Criminal $rocedure, and that
trial court, A! its oBn actions, did not consider time to Ae o1 essence: trial court should
ha;e oAser;ed GnormalG "rocedureG o1 notice and hearing, "ro;ided A! )ule 40A#,
.ederal )ules o1 Criminal $rocedure. 5.6. ;. ?oschiano, '9+ ..0d 03', (0 .ed. ). E;id.
6er;. (04 7th Cir. (9*0#. 6ee 5nited 6tates ; -urner (9*7, C8(( 8la# *(0 .0d (++0, U
(4.
N)6 (7(.(,0 Com"laint de1ined: oath or declaration required.
-he com"laint is a Britten statement o1 the essential 1acts
constituting the "uAlic o11ense charged. 2t must Ae made u"on:
(. %ath Ae1ore a magistrate or a notar! "uAlic: or
0. Declaration Bhich is made suACect to the "enalt! 1or "erCur!.
2n his testimon! during the No;emAer 3,
th
, 0,(( trial, -homas .rontino
a""arentl! realiEed that he needed to sa! something to the e11ect that he L"ersonall!
BitnessedM Coughlin LconsumingM the cough dro"s in the store. 6o, -homas .rontino
testi1ied, under oath, the he "ersonall! Bitness Coughlin consuming the cough dro"s
throughout the store L3e o"ened tBo "acDages o1 cough dro"s and concealed the
contents inside his "ocDets...M#. 3oBe;er, in his 6u""lemental 7itness 6tatement .orm,
.rontino does not sa! that. -here is no mention o1 seeing Coughlin consume an! cough
dro"s throughout the store. 2n 1act, at trial, .rontino sli""ed u" and had to admit that
o11icial 7al>?art "olic! "re;ented him 1rom 1olloBing Coughlin into the restroom Bhile
he Bas sho""ing, Bhich Bas un1ortunate, according to .rontino, Aecause he Banted to see
i1 Coughlin did an!thing Bith the cough dro"s in the restroom, Aut could not. 8t trial,
.rontino decided it Bould Cust Ae more e/"editious and accom"lish his goals quicDer to
sa! that he L"ersonall! e!e Bitnessed Coughlin consuming the cough dro"s Bhile
sho""ingM.
.rontino then goes on to indicate that Coughlin Lalso selected a chocolate Aar
Bhich he "roceeded to o"en and eat throughout the store.M 8t trial .rontino tooD great
care to maDe clear that he L"ersonall! e!e BitnessedM Coughlin select Lthat e/act
chocolate AarM 1rom the Lcand! isleM. .rontino Bas non"lussed Bhen, on cross
e/amination, it Bas "ointed out to him that the 5$C 1or the Lchocolate Aar 1rom the
cand! isleM Bas actuall! the 5$C 1or an ice cream Aar 1rom the re1rigeratedH1roEen 1ood
isle.
.rontino then indicates that Coughlin Ldid not hoBe;er maDe an! attem"t to "a!
1or the chocolate Aar and cough dro"s he had selected.M 3oBe;er, at -rial, .rontino had
to admit that he Bas too 1ar aBa! 1rom Coughlin and the cashier to hear Bhether or not
Coughlin made an! attem"t to "a! 1or either the Lchocolate AarM or the Lcough dro"sM.
.rontino Bas sure to attest, under oath, at trial, that he Bas aAsolutel! sure and
com"letel! aAle to tell 1rom his ;antage "oint some a""ro/imatel! 3, !ards 1rom register
(7 Bhere Coughlin "aid 1or the items he selected Bhile sho""ing to ascertain that none o1
the items the cashier rang u" had the same 5$C as, sa!, the cough dro"s. 3oBe;er,
E/hiAit ( clearl! shoBs that .rontino Bas, LBrongM aAout that gi;en that Aoth the recei"t
1or I(4.70 and the recei"t 1or I*3.*0 ha;e an entr! 1or the same Duract Cough ?elt
Lcough dro"sM containing (0 loEenges 0 se"arate 1oil sheet Bith ' loEenges on each
sheet# Bith 3, mg De/trometho"han 3Br D&?# in them.
7al>?artFs .rontino then Brites that L3e concealed the Bra""er to the cand! in
the cart and co;ered it Bith sanitiEer Bi"es.M 3oBe;er, .rontino then testi1ied that there
Bas aAsolutel! no ;ideo e;idence su""orting that accusation, des"ite the 1act that the
areas around cashiers are t!"icall! suACect to "articularl! high ;ideo scrutin!. .rontino
testi1ied that he re;ieB the ;ideo 1rom all cameras Bherein Coughlin a""eared in the
store that da! and that nothing Bas ca"tured on ;ideo.
.rontino cannot Ae said to ha;e made an arrest Limmediatel! a1terM the alleged
in1raction occurred Bhere, in his 6u""lemental 7itness 6tatement he Brites: Lin1ormed
him that 2 needed him to reenter the 1acilit! so that Be Bould Ae aAle to com"lete our
in;estigation. 3e Bas com"liant at this time and 1olloBed us to the o11ice. 8t this time
Aecame non com"liant. -he "olice arri;ed on scene and tooD o;er the in;estigation.M
.rontinoFs Britten statement is noticeaAl! de;oid o1 an! assertions concerning the
questioning A! the )62C %11icers and the "roAaAle cause anal!sis and inquir! attendant
thereto. .rontino
Fs Britten 6tatement concludes A! noting that L;ideo e;idence Bill also Ae com"iled.M
2ndeed, in the 2nterrogation )oom ;ideo .rontino is seen handing a c;Hd;d to the )62C
%11icers.
7ith res"ect to these Duract Cough ?elt Lcough dro"sM... 6o, each "acDage
Bould contain 3',mg o1 D&?, Bhich, i1 ingested ra"idl! Bould gi;e oneFs Arain the
dissociati;e e11ects attendant to drinDing an entire large Aottle o1 cough s!ru", hoBe;er,
gi;en the 1act that such Duract Cough ?elts are a cand! liDe loEenge that literall!
dissol;es in second, the method o1 deli;er! o1 such a high dosage o1 D&? could
"otentiall! result in se;ere inca"acitation and or mental im"airment, o1 a dissociati;e
nature, quite ra"idl!, so much so, that this sort o1 item Bas "ulled 1rom the shel;es
se;eral !ears ago Bhen Zicam originall! manu1acture and distriAuted them. D&? is
used in clincial trials to treat "atients Bith conditions ranging 1rom 1iArom!algia to
$-6D, and is included in the class o1 medications DnoBn as dissociati;es that Cam"ral is
in as Bell. Cam"ral acam"rosate# is a medication "rescriAed to alcoholics that is
intended to lessen or curA the L"henomenon o1 cra;ingM associated Bith alcoholism.
8cam"rosate is thought to staAiliEe the chemical Aalance in the Arain that Bould
otherBise Ae disru"ted A! alcoholism, "ossiAl! A! antagoniEing glutamatergic N>meth!l>
D>as"artate rece"tors and agoniEing gamma>aminoAut!ric acid <8B8# t!"e 8
rece"tors. 7illiams, 63. 0,,+#. G?edications 1or treating alcohol de"endenceG.
8merican .amil! $h!sician 70 9#: (77+[(7*,. $?2D ('3,,,39.
htt":HHBBB.aa1".orgHa1"H0,,+((,(H(77+.html.
htt":HHen.BiDi"edia.orgHBiDiHDe/tromethor"han
LDe/tromethor"han has also 1ound other uses in medicine, ranging 1rom "ain relie1 to
"s!chological a""lications....D&? is also used recreationall!. 7hen e/ceeding laAel>
s"eci1ied ma/imum dosages, de/tromethor"han acts as a dissociati;e hallucinogen. 2ts
mechanism o1 action is ;ia multi"le e11ects, including actions as a nonselecti;e serotonin
reu"taDe inhiAitorS3T and a sigma>( rece"torS4TS+T agonist and the action o1 its maCor
metaAolite de/tror"han as an N?D8 rece"tor antagonist, "roducing e11ects similar to
those o1 the controlled suAstances Detamine and "henc!clidine $C$#,S'T as Bell as the
acti;e metaAolite 3>metho/!mor"hinan, Bhich "roduces local anesthetic e11ects in rats
Bith a "otenc! aAo;e de/tror"han Aut AeloB de/tromethor"han itsel1. 3ou, C: -Eeng, 4:
Chen, 9: =in, C: =in, ?: -u, C: 7ang, 4 0,,'#. GDe/tromethor"han, 3>
metho/!mor"hinan, and de/tror"han ha;e local anaesthetic e11ect on sciatic ner;e
AlocDade in ratsG. Euro"ean 4ournal o1 $harmacolog! +44 (>3#: (,['.
D%2:(,.(,('HC.eC"har.0,,'.,'.,(3. $?2D ('*44(,9...5ncom"etiti;e N?D8 rece"tor
$C$ site# antagonist...During the (9',s and (97,s, de/tromethor"han Aecame a;ailaAle
in an o;er>the>counter taAlet 1orm A! the Arand name )omilar. 2n (973, )omilar Bas
taDen o11 the shel;es a1ter a Aurst in sales Aecause o1 1requent misuse, and Bas re"laced
A! cough s!ru" in an attem"t to cut doBn on aAuse. 6ee, 7hite, 7illiam. G-he D&?
E/"erienceG. htt":HHBBB.eroBid.orgHchemicalsHd/mH1aqHd/mYe/"erience.shtml.
)etrie;ed DecemAer 0(, 0,(,: 84 <iannini. Drugs o1 8Ause>>6econd Edition. =os
8ngeles, $ractice ?anagement 2n1ormation Cor", (997.M# 6ee, also:
htt":HHBBB.us"harmacist.comHcontentHdH1eatureHiH(+,,HcH0*0*0H 4amero, D. -he
emerging role o1 N?D8 8ntagonists in $ain ?anagement. 'S (harmacist. 0,((. 4oAson
$uAlishing. $osted to ?edsca"e.com on 'H00H0,((.
Coughlin has "ro;ided the 6tate Bar o1 Ne;adaFs Bar Counsel though ?r.6usich
and ?r. JingFs recent 6C) ((7 "etition do not seem to acDnoBledge that, and 1urther
misstate a numAer o1 ;er! material 1acts, liDe this suddenl! neB allegation that the locDs
to CoughlinFs 1ormer laB o11ice Bere AroDen Bhen Coughlin Bas arrested 1or criminal
tres"ass in the quasi Aasement under the house, a LAasementM Bhich ne;er had an!
locDs....Aut in the 6C) ((7 Jing and 6usich maDe it sound liDe the locDs to the interior o1
the 1ormer home laB o11ice had Aeen AroDen into, Bhich has ne;er Aeen alleged
"re;iousl! or su""orted A! an! 1actual allegations or s"eci1ics#, and his 1ather, Dr.
-imoth! D. Coughlin, ?D, a 1amil! "ractitioner Aased in )eno, NV, Bith a "ractice
em"hasis on addiction medicine and a 1ormer $resident o1 the Ne;ada 3ealth
$ro1essionals 8ssistance .oundation and "ast $resident o1 the Ne;ada 8cadem! o1
.amil! $h!sicians, and ;arious im"aired "h!sicianFs di;ersion "rograms# Bith a com"lete
certi1ied "rescri"tion histor! dating AacD to late 0,,7 Bhich shoBs that Coughlin did not
1ill his Bu"ro"rionHanti>de"ressant "rescri"tion Aoth in 8"ril 0,,9 Bhen Coughlin, a
1ormer domestic ;iolence unit attorne! 1or legal aid non>"ro1it 7ashoe =egal 6er;ices,
and 7=6 "arted Ba!s# and that Coughlin sto""ed 1illing his Bu"ro"rion "rescri"tion in
8ugust 0,((, and that suAsequentl! Coughlin Bas tBice charged Bith "etit larcen! Bithin
a "eriod o1 (9 da!s 1irst on 8ugust 0,
th
, 0,(( A! the )eno $olice De"artment, 1or Bhich
Coughlin s"ent roughl! 7 da!s in Cail aBaiting a release on his oBn recogniEance# and
against in the matter under"inning this 1iling, the arrest at 7al>?art on 6e"temAer 9
th
,
0,((. CoughlinFs domestic "artner o1 1our and hal1 !ears and he "arted Ba!s sometime in
4une 0,(( and Coughlin Aecame aBare o1 se;eral months rent allegedl! Aeing oBn their
neurosurgeon landlord, Dr. ?attheB 4. ?erliss, ?D, sometime in mid>8ugust.
7hile in Cail incident to the 8ugust 0,
th
, 0,(( arrest 1or, essentiall!, "ossession
o1 lost or mislaid i$hone as "etit larcen!, a matter 1or Bhich Coughlin asserts his
innocence and 1or Bhich a ;ideo 1o the arrest and e/cul"ator! e;idence has Aeen
a;ailaAle all !ear on !outuAe.com# Coughlin Bas ser;ed Bith a No Cause 6ummar!
E;iction Notice 1or his 1ormer home laB o11ice. N)6 4,.0+3 e/"licitl! 1orAids utiliEing
summar! e;iction "roceedings against commercial tenants unless the non>"a!ment o1
rent is alleged and a Non>$a!ment o1 )ent E;iction Notice is ser;ed. =andlord ?erliss,
and his attorne!Fs )ichard 3ill, Esq., and Case! BaDer, Esq., decided to "roceed Bith a
No Cause e;iction Notice rather than Ae required to litigate the haAitaAilit! issues 1or
Bhich a "a"er trail e/ists and 1or Bhich ?erliss 1ailed to address issues related to
a"ro"riatel! ser;ed (4 da! notice to cure haAitaAilit! issues com"laints and other matters.
Coughlin has attended =aB!erFs Concerned 1or =aB!ers since earl! 0,,3 and is
acti;e in the reco;er! communit!, though there has Aeen some di11icult! in straddling the
line AetBeen the old school hard line 88Fers and those in the "s!chiatric communit! Bho
recogniEe the danger in sa!, not treating adult 8D3D Bith an!thing other than a (0 ste"
"rogram, and instead 1acing the risD o1 sel1 medicating ;ia aAusing suAstances not
necessaril! indicated as a""ro"riate treatment modalities and outside the setting o1 a
trained "ro1essional such as CoughlinFs current "s!chiatrist, Dr. 6uat 9asar, Bhom tooD
o;er CoughlinFs treatment 1rom Dr. ?uCahid )asul, Bhom "assed aBa! in 6e"temAer
0,(,, and Bhom Coughlin has made aBare o1 his ;arious arrests and di11iculties this !ear
and Bhom taDes an acti;e role in seeing that Coughlin continues "rogressing his reco;er!
1rom Bhat has admittedl! Aeen a disa""ointing and regrettaAle !ear.
Coughlin regularl! recei;es treatment 1rom Dr. 6uat 9asser and has resumed the
treatment modalities that Bere !ielding e11icacious results "rior to the une/"ected mone!
trouAles that resulted in Coughlin not Aeing aAle to a11ord either o1 his medications
Aeginning in earl! 8ugust 0,((. Coughlin, at that time, did maDe se;eral inquiries Bith
Ne;ada 8dult ?ental 3ealth N8?36# Aut one o1 the medications Coughlin taDes Bas
not one 1or Bhich N8?36 Bould Ae aAle to "ro;ide an!thing in the Ba! o1 1inancial
hel" gi;en Audget constraints, and the other medication Bas not so e/"ensi;e such that it
seemed all that BorthBhile to go through a someBhat in;asi;e and "ri;ac! threatening
intaDe "rocess at N8?36 rather than to attem"t to continue to "a! out o1 "ocDet 1or that
medication Bhich incidentall! and ine/"licaAle, tri"led in "rice shortl! therea1ter des"ite
our sagging econom! and its long o11 "atent statuts#.
Coughlin maintains his innocence Bith res"ect to the 8ugust 0,
th
, 0,(( "etit
larcen! charge Li$honeM 1ound on ground A! man, man threatens to throB a "hone he
"icDed u" in the ri;er i1 someone doesnFt claim it right aBa!, Coughlin therea1ter attacDed
A! a gang o1 sDateAoarders claiming the i$hone to Ae theirs#, and Bill shortl! 1ace trial in
that matter, gi;en the intransigence dis"la!ed A! the District 8ttorne!Fs %11ice and the
?ental 3ealth Court ;is a ;is some o1 the issue e/"licated aAo;e and des"ite the 1act that
the i$honeFs oBner, a Cor! <oAle, 04, o1 )eno, NV, recentl! Aattered Coughlin Bith a lit
cigarette in a "arDing lot Bhere <oAle had accosted Coughlin, une/"ectedl!, and des"ite
the 1act that a multitude o1 ;ideo e;idence e/ists tending to indicate that <oAle and his
associates lied on numerous occasions to 9(( o"erators and the "olice in order to ha;e
Coughlin arrested Bhere, quite arguaAl!, Coughlin did not commit a crime. 7hile
s"ending 7 da!s in Cail Aeginning 8ugust (9
th
, 0,((, and returning home to an
im"ermissiAle summar! e;iction 1rom his 1ormer home laB o11ice a commercial tenanc!
e/"licitl! alloBed under the =ease 8greement in question# ma! ha;e created a set o1
circumstances maDing it tem"ting to sho"li1t 1ood or necessaries 1rom 7al>?art,
Coughlin maintains that he is not guilt! o1 the alleged "etit larcen! 1rom 7al>?art and is
currentl! "ursuing an a""eal o1 the matter Bith the Ne;ada 6u"reme Court in case
numAer ','3,.
7ith res"ect to matters Bhich ma! Aring into douAt the ;alidit! o1 the con;iction
in the trial court Cudgment in )?C (( C) 0'*,,: 2n the a""eal to the District Court in
C)((>0,'4, 4udge Elliot utiliEed a ci;il statute in e/cusing the )?C 1rom its 1ailure to
1orBard to the District Court a co"! o1 the transcri"t o1 the audio recording o1 the trial
and to 1orBard such to the District Court Bithin ten da!s o1 the 1iling o1 the Notice o1
8""eal. .urther, Coughlin made numerous attem"ts to order such a transcri"t and Bas
thBarted in his attem"ts to do so A! the )?CFs e/"ress dictate that onl! the )?CFs
transcri"tionist o1 choice, $am Dongoni, Bould Ae "ermitted to "er1rom the transcriAing
duties, and ?s. Dongoni hung u" the "hone on Coughlin and re1used to "ro;ide
in1ormation related to Bhere and in Bhat method o1 "a!ment Coughlin could "a! 1or the
transcri"t and assure its "roduction. .urther, the )?C re1used to timel! "ro;ide
Coughlin a co"! o1 the audio recording o1 the trial until Bell a1ter the deadline 1or 1iling
tolling motions or a Notice o1 8""eal had "assed, and 1urther, the )?C 1ailed to notate in
the certi1ied docDet Bhich is not a;ailaAle to litigants during these matters, and attem"ts
A! Coughlin to so oAtain such a docDet has resulted in the Cit! o1 )eno ?arshals
threatening Coughlin and 1orcing him to lea;e the courthouse and Briting disengenous
letters to Bar Counsel. -he )?C ?arshals Bere also in;ol;ed in a scenario Bherein
CoughlinFs smart"hone Bas LAooDed into e;idenceM 1or 37 da!s and returned Bith all the
data "re;iousl! on it Bi"ed clean, Bith the interim seeing ;arious contradictor!
statements regarding the chain o1 custod! o1 the "hone and data thereon AetBeen the
)?C, 7C6%, and Cit! o1 )eno ?arshals, and 7ashoe Count! District 8ttorne!Fs
%11ice# incident to a 1i;e da! incarceration o1 Coughlin, stemming 1rom a summar!
contem"t committed in the "resence o1 the Court in a traffic ;iolation -rial, (( -)
0'*,, 3 mo;ing ;iolations Bere issued to Coughlin u"on Coughlin Aeing told A! the
)eno $D to lea;e the o11ice o1 o""osing counsel in the e;iction 1rom his 1ormer laB
o11ice )ichard <. 3ill, Esq., o""osing counsel to Bar Counsel Jing recentl! in the
?ilsner ; Carstar"hen decision o1 this Court issued in ?arch 0,(0, and Bhom 1iled a
grie;ance Bith Bar Counsel in a letter to Jing dated .eAruar! (4
th
, 0,(0 Bherein 3ill
details an arrest o1 Coughlin that had not "roceeded to trial, much less a con;iction 1or
Bhich Coughlin Bould Ae required to re"ort under 6C) (((, and in Bhich 3ill maDes
Aaseless accusations o1 LghostBritingM A! Coughlin 1or one 1or Bhom Coughlin Bas
listed as attorne! o1 record. .urther, the recent, and e/tremel! "reCudicial and inaccurate
con1idential 6C) ((7 DisaAilit! $etition A! Bar Counsel and or ?r. 6usich is seemingl!
largel! criAAed 1rom 3illFs ?otion 1or 8ttorne!Fs .ees incident to the a""eal o1 the
summar! e;iction 1rom CoughlinFs 1ormer home laB o11ice a LBrong site surger!M o1 the
courtroom ;ariet! 3ill litigated on Aehal1 o1 his Cali1ornian Be;erl! 3ills neurosurgeon
client, Bherein 3ill "roceeded Bith a summar! e;iction against a commercial tenant
Bhere the non>"a!ment o1 rent Bas not alleged nor Bas an! e;iction notice "ro;ided
other than a No Cause E;iction Notice#. 2n that ?otion 1or 8ttorne!Fs .ees, 3ill
somehoB attem"ts to at once claim CoughlinFs 1ilings in the a""eal in CV((>,3'0* Bere
at once so Aaseless as to Ae sanctionaAle, !et, also, at the same time, a""arentl! Bell
1ounded enough to require 3ill to run u" some I43,,,, in attorne!Fs 1ees charged to
?erliss 1or the "eriod o1 time 1olloBing the No;emAer 3, 0,(( 1iling o1 a Notice o1
8""eal o1 the %rder o1 6ummar! E;iction in )4C 0,((>,,(7,*#, on to" o1 the I0,,,,, in
attorne!Fs 1ees 3ill and BaDer sought to reco;er LmistaDenl!M citing to an attorne!Fs 1ees
in a landlord tenant conte/t statute related onl! to situations Bhere a tenant Bas
manu1acturing controlled suAstances at the rental, rather than admitting that N)6 '9.,3,
1orAid 3ill and BaDer 1rom getting attorne!Fs 1ees in a landlord tenant trial court matter,
much less a summar! e;iction, much less I0,,,,, Borth o1 them#. Bar Counsel Jing
dis"la!ed a "articularl! trouAling resistance to countenancing an! o1 the grie;ances
against other attorne!s Coughlin then asserted, !et stead1astl! continued to de;ote Bar
resources to addressing )ichard <. 3ill, Esq.Fs duAious Aasis 1or 1iling multi"le
grie;ances against Coughlin, contriAuting one o1 the legs to a 1our "art quadru"le
Ceo"ard! a""roach 3ill tooD, Bherein 3ill 1iled ?otion 1or %rders to 6hoB Cause Ae1ore
4udge 61erraEEa in the -rial Court, Ae1ore 4udge .lanagan on 8""eal, 1iled a -)% Bith
4udge 6chroeder in 4ustice Court, and had Coughlin arrested 1or Ca!BalDing and criminal
tres"ass the tres"ass arrest on No;emAer (0
th
, 0,(( resulted in the resetting o1 the -rial
in the )?C case resulting in the "etit larcen! con;iction in;ol;ed in the 6C) ((( Bar
Counsel $etition Bhere Coughlin Bas not told to lea;e or LBarnedM to lea;e the 1ormer
home laB o11ice and Bhere the 7ashoe Count! 6heri11Fs %11ice lied in a sBorn Britten
a11ida;it in attesting to ha;e L"ersonall! ser;edM Coughlin the %rder o1 6ummar!
E;iction De"ut! ?achem, No;emAer 7
th
, 0,(( 811ida;it on 1ile# onl! to later ha;e
7C6% 6u"er;isor =iE 6tuchell admit that her o11ice considers it L"ersonal ser;iceM 1or
De"ut! ?achem to ta"e a document to oneFs door Bhen the! are not home. N)6 4,.0+3
requires either "ersonal or constructi;e ser;ice.
L-he court ma! thereu"on issue an order directing the sheri11 or constaAle o1 the
count! to remo;e the tenant Bithin 04 hours a1ter recei"t o1 the order...M is ina""licaAle to
this situation, Bhere an %rder <ranting 6ummar! E;iction Bas signed A! %ctoAer 07th,
0,((. -hat language is onl! 1ound in situations ina""licaAle to the current one. N)6
4,.0+33#A#0#, and N)6 4,.0+3+#a# are the onl! sections o1 N)6 4, Bhere this
LBithin 04 hoursM language occurs, and those situations onl! a""l! Bhere, in:
4,.0+33#A#0#: L 3. 8 notice ser;ed "ursuant to suAsection ( or 0
must: ...A# 8d;ise the tenant: Z. 0# -hat i1 the court determines that the
tenant is guilt! o1 an unlaB1ul detainer, the court ma! issue a summar!
order 1or remo;al o1 the tenant or an order "ro;iding 1or the
nonadmittance o1 the tenant, directing the sheri11 or constaAle o1 the
count! to remo;e the tenant Bithin 04 hours a1ter recei"t o1 the orderM
and,
4,.0+3+#a#: L+. 5"on noncom"liance Bith the notice: a# -he
landlord or the landlordRs agent ma! a""l! A! a11ida;it o1 com"laint 1or
e;iction to the Custice court o1 the toBnshi" in Bhich the dBelling,
a"artment, moAile home or commercial "remises are located or to the
district court o1 the count! in Bhich the dBelling, a"artment, moAile home
or commercial "remises are located, Bhiche;er has Curisdiction o;er the
matter. -he court ma! thereu"on issue an order directing the sheri11 or
constaAle o1 the count! to remo;e the tenant Bithin 04 hours a1ter recei"t
o1 the order.M
-he Ba! these summar! e;iction orders are Aeing carried out and Lser;edM in
7ashoe Count! "resentl! shocDs the conscience and ;iolates Ne;ada laB. -here is not
Aasis 1or e11ectuating a locDout the Ba! 7C6%Fs De"ut! ?achem did in the case o1 the
undersignedFs 1ormer home laB o11ice. -he aAo;e tBo sections containing the LBithin 04
hours o1 recei"tM language are ina""licaAle, as those situations do not in;oDe the "resent
circumstances, Bhere the -enant did 1ile an 811ida;it and did contest this matter to a
degree not o1ten seen. -o require Ne;adaFs tenants to get u" and get out LBithin 04
hoursM o1 Lrecei"t o1 the orderM Bhat does that e;en meanN -he use o1 terms liDe
LrenditionM, LrenderedM, Lnotice o1 entr!M, L"ronouncedM, is aAsent here, and this Lrecei"t
o1 the orderM language is something rarel! 1ound elseBhere in Ne;ada laB>see attached
D?V statutor! citations, and in em"lo!ment laB litigation Bhere one must 1ile a
Com"laint Bithin 9, da!s o1 Lrecei"tM o1 a )ight -o 6ue =etter, a situation Bhich 1olloBs
N)C$ +A#, and N)C$ 'e# in im"uting recei"t o1 such a letter, Bhen actual recei"t is not
shoBn, A! a""l!ing a Lconstructi;e noticeM standard that relies u"on the da!s 1or mailing
e/tension o1 time 1or items ser;ed in the mailing, etc.#. 2n 8Araham ;. 7oods 3ole
%ceanogra"hic 2nstitute, ++3 ..3d ((4 (st Cir. 0,,9#, the record did not re1lect Bhen the
"lainti11 recei;ed his right>to>sue letter. -he letter Bas issued on No;emAer 04, 0,,'. -he
court calculated that the 9,>da! "eriod commenced on No;emAer 3,, 0,,', Aased on
three da!s 1or mailing a1ter e/cluding 6aturda!s and 6unda!s. 2n order to Aring a claim
under either -itle V22 or the 8D8, a "lainti11 must e/haust administrati;e remedies and
sue Bithin 9, da!s o1 recei"t o1 a right to sue letter. 6ee 40 5.6.C. U 0,,,e>+1#(#. 6ee
BaldBin Count! 7elcome Center ;. BroBn, 4'' 5.6. (47, (4* n.(, (,4 6.Ct. (703, *,
=.Ed.0d (9' (9*4#granting "lainti11 an additional three da!s 1or mailing "ursuant to
)ule '#.
7ith res"ect to an! mention o1 L04 hoursM and the a""licaAilit! o1 the 4C)C$ to
cases liDe these, N)6 4,.4,, )ules o1 "ractice, holds that :M-he "ro;isions o1 N)6,
Ne;ada )ules o1 Ci;il $rocedure and Ne;ada )ules o1 8""ellate $rocedure relati;e to
ci;il actions, a""eals and neB trials, so 1ar as the! are not inconsistent Bith the "ro;isions
o1 N)6 4,.00, to 4,.40,, inclusi;e, a""l! to the "roceedings mentioned in those
sections. 8s such N)C$ 'a#,e# a""lies to the %rder o1 6ummar! E;iction that 7C6%
De"ut! ?achem alleged, under "enalt! o1 "erCur!, that he G"ersonall! ser;edG u"on me
on No;emAer (, 0,((.
5a%er lied and &iolated :9C+ 11 in his :C&ember 21st, 2011 Cpposition #here he alleged
the 9+2 identified themsel&es as la# enforcement and issued a la#ful order for Coughlin to
emerge from the BbasementB or lea&e the property:
BE;en though he had a BeeD to do so, Coughlin did not remo;e his "ersonal
Aelongings 1rom the "ro"ert! "rior to the locDout. 2n 1act, he did not e;en remo;e himsel1
1rom the "ro"ert!. 5nAeDnoBnst to ?erliss or his counsel, Coughlin continued to li;e in
the Aasement o1 the "ro"ert! until he Bas disco;ered squatting there on No;emAer (3. 0,((
> nearl! tBo BeeDs a1ter he Bas legall! locDed out. Coughlin had Aarricaded himsel1, his
dog, and some o1 his "resumaAl! more cherished "ossessions in the Aasement. When
Coughlin refused to emerge from the basement after being ordered to do so by the police,
Merliss was forced to kick down the door to gain access to his own property. Coughlin was
arrested and charged with trespassing. Due to CoughlinFs criminal acti;ities, the securit!
o1the house Bas com"romised. 8s a result, ?erliss Bas 1orced to incur costs in the amount
o1 I(,,',.,, to secure the "ro"ert! in order to "rotect it and CoughlinFs Aelongings. 8 true
and correct co"! o1 the Aill 1rom the contractor is attached hereto as E&32B2- 0.G
BaDers N)C$ (( ;iolation in his 1iling o1 No;emAer 0,th, 0,(( in )4C )e;0,((>,,(7,* occurs at "ages
(>3, Bhere he attem"ts to mislead the triAunal in suggesting that Coughin 1ailed to coo"erate in setting a
3earing on the ?otion to Contest $ersonal $ro"ert! =ien, e;en Bhere Coughlin res"onded to 3illFs then
email in1orming him o1 such a hearing, A! Coughlin emailing 3ill G)ich, !ou are aBare the 1iles can Ae on
hard dri;eFs, rightNG in res"onse to 32llFs email o1 a 3earing Coughlin suAsequentl! re;oDed and had
made e/"ress "re;iousl! Britten indication that no such acce"tance o1 such electronic ser;ice or notice
Bould Ae a;ailing res"ecting communications Bith Coughlin, and 32ll Bas added to CoughlinFs GAlocDed
sender listG on CoughlinFs 3otmail account, as such, Coughlin did not recei;e 3illFs emails 1rom %ctoAer
an! im"licit authorit! 3ill ma! assert to "ro;ide Coughlin notice ;ia electronic means, and therein is
;itiated an! o1 3illFs testimon! at the tres"ass trial that the GBarningG against tres"ass Bas rela!ed in 3illFs
;arious attem"ts at emailing Coughlin during the 1irst 1eB BeeDs o1 No;emAer, including the "eriod Bhere
BaDer Bas on ;acation and somethings a""ear to ha;e sli""ed through the cracDs at the 3ill laB 1irm
res"ecting noti1!ing Coughlin in an acce"ted means o1 ser;ice#. Coughlin did not recei;e an! emails 1rom
3illFs rhill\richardhillaB.com address AetBeen 3illFs email o1 8ugust ('th, 0,(( and No;emAer (*th,
0,((, this Coughlin sBears "ursuant to N)6 +3.,4+ under "enalt! o1 "erCur!:
.rom: Zach Coughlin Smailto:Eachcoughlin\hotmail.comT
6ent: ?onda!, No;emAer 0(, 0,(( 3:(+ $?
-o: rhill\richardhillaB.com
6uACect: )E: )i;er rocD
)ich, !ou are aBare that G1ilesG can include things on hard dri;es, rightN
Zach Coughlin, Esq.
(0( )i;er )ocD 6t.
)eno, NV *9+,(
77+ 33* *((*
=icensed in Ne;ada
` .rom: rhill\richardhillaB.com
` -o: Eachcoughlin\hotmail.com
` 6uACect: )i;er rocD
` Date: ?on, 0( No; 0,(( (4:+3:,3 >,*,,
`
` ?r coughlin >this con1irms a ;oicemail le1t 1or !ou
` 2 noB ha;e !our dri;ers license K Bhat 2 thinD are !our client 1iles.
` DonFt DnoB, didnFt looD that closel! > !our "ri;ac! K all.
`
` 7ill release them to !ou at the hearing tomorroB.
` $lease con1irm that the hearing is on calendar
`
` )ghG
Coughlin a""eared at the )4C 1or the 3earing he Bas noticed on 1or No;emAer 00nd, 0,((
"ursuant to the No;emAer ('th, 0,(( 1iling A! Coughlin o1 the ?otion to Contest $ersonal $ro"ert! lien in
)4C )EV0,((>,,(7,*. 3ill 1ailed to a""eared. .urther, 3ill continued to lie aAout his Go11ering to
"ro;ide CoughlinG his client 1iles, including those 1iles on CoughlinFs hard dri;es. .urther, at least one o1
CoughlinFs hard dri;es, u"on their 1inall! Aeing returned to Coughlin on DecemAer 00nd, 0,(( Bith one o1
the e/"ensi;e la"to" screens com"letel! cracDed...# indicated a ;ideo card dri;er Bas loaded to the hard
dri;e, including one on DecemAer 'th, 0,((, during the "eriod 1rom CoughlinFs arrest o1 No;emAer (3th,
0,(( to 3illFs and BaDerFs 1inall! returning CoughlinFs clientFs 1iles and hard dri;es to him on DecemAer
00nd, 0,(( unless !ou count the instance Bhere 3ill "la!1ull! set doBn a Aag o1 trash and indicated to
Coughlin Ghere is !our clientFs 1ilesG at the time Bhen 3ill finally returned CoughlinFs state issued dri;erFs
license one 1ull BeeD a1ter Coughlin had demanded it, on No;emAer 00nd, 0,((, something that 3ill lied to
the courts and the "olice aAout his Billingness to do so u" to that time aAsent a coerci;e demand that
Coughlin sign aBa! his rights, including those to his damage de"osit. .urther 3ill ;iolated Ne;ada laB in
"lacing demands u"on Coughlin that Coughlin remo;e his "ro"ert! in the e/act manner and order that 32ll
demanded 3ill required Coughlin to a""ear Bith certain ;ehicles and a GcreBG o1 mo;ers, and insisted
Coughlin must remo;e all the "ro"ert! on the 1ormer home laB o11iceFs e/terior "rior to Coughlin Aeing
alloBed to Gcherr! "icDG the items Bithin that Bere o1 the most ;alue, requirements 1or Bhich there e/ists
no su""ort in Ne;ada laB 1or 3ill to maDe, including Bithin N)6 ((*8.4',, all to the detriment o1
CoughlinFs clientFs concerns and the re"utation o1 the Bar in Ne;ada and Ae!ond. -he )4C ne;er needed
CoughlinFs "ermission "re;iousl! to set 3earings, including the one on No;emAer 7th, 0,(( that Coughlin
Bas ser;ed an im"rom"tu notice o1 Bhile he Bas at the 1iling o11ice on No;emAer 3rd, 0,((, nor did the
)4C need CoughlinFs "ermission to to set the %ctoAer (3th, 0,(( summar! e;iction "roceeding date, the
%ctoAer 0+th, 0,(( G-rialG, or the DecemAer 0,th, 0,(( 3earing date.
.urther recDless and lacDing in 1oundation mentions o1 GAreaDing intoG the 1ormer laB o11ice and GAroDen
locDsG des"ite the 1act that no 1actual su""ort e/ists 1or such an allegation, there Bere no GAroDen locDsG
e;er mentioned A! an!one and i1 3ill is Billing to maDe u" 1inding a GAag o1 Beed and cracD "i"eG along
Bith descriAing Bhat 3illFs oBn ;ideos shoB to Ae ;itamins as a Glarge quantit! o1 "illsG, then !ou DnoB
)ichard <. 3ill, Esq. Bould ha;e Aeen all o;er an! GAroDen locDsG at the 1ormer home laB o11ice, !et, there
sim"l! Bere none, not that that Bould sto" $at Jing or 4. -homas 6usich 1rom coAAling together such an
allegation in the 6C) ((7 $etition in ',97+# along Bith something aAout Coughlin Aeing suACect to a
custodial arrest 1or GCa!BalDingG A! the )eno $olice De"artment Bhile Coughlin Bas 1ilming )ichard <.
3ill, Esq.Fs contractorFs creB loading u" a dum" trucD Bith items o1 "ersonal "ro"ert! then located in
CoughlinFs 1ormer home laB o11ice the arrest occurred shortl! a1ter Coughlin disco;ered that 3illFs
contractor, $hil 6teBart, had used CoughlinFs oBn distincti;e "l!Bood to GsecureG or GAoard u" the
"ro"ert!G in DecemAer 0,((, 1or Bhich the landlord Bas ultimatel! aBarded costs, I(,,', o1 Bhich Bere
Aased u"on 6teBartFs in;oice 1or Gsecuring the "ro"ert!G, Bhich included the cost o1 "l!Bood, and G1i/ing a
leaD in the AasementG des"ite N)6 ((*8.4', onl! alloBing costs 1or Gmo;ing, storing, and in;entor!ingG a
tenantFs "ersonal "ro"ert!#, Bhich Coughlin Bas unaAle to remo;e during the scant (3 hours he Bas
a11orded to do so A! the )eno 4ustice CourtFs %rder 1olloBing a 3earing on CoughlinFs No;emAer ('th,
0,(( ?otion to Contest $ersonal $ro"ert! =ien the 3earing Bas not set or conducted Bith the G(, da!sG
required A! N)6 4,.0+37#>*# Aecause )ichard <. 3ill, Esq. needed to go on a si/>BeeD ;acation shortl!
a1ter CoughlinFs No;emAer ('th, 0,(( 1iling in a matter noB on a""eal in 6C) ',33( and '(*3*, Bherein,
somehoB, a commercial tenant, Coughlin Bhom Bas Aoth running a laB "ractice and Coughlin ?emor!
.oam, a 1oam mattress Ausiness 1rom his home, Bhich Bas "re;iousl! utiliEed 1or commercial "ur"oses A!
a drug and alcohol rehaAilitation counseling Ausiness and is Eone 1or mi/ed use "ur"oses# Bas summaril!
e;icted Aased u"on a No Cause E;iction Notice onl! ie, the non>"a!ment o1 rent Bas neither noticed, "led,
nor argued A! the landlord# des"ite the clear dictate against the use o1 summar! e;iction "roceedings
against commercial tenants not Aased u"on the non>"a!ment o1 rent Bench BooD stu11# set 1orth in N)6
4,.0+3. -he DecemAer 0(st, 0,(( %rder G)esol;ingG CoughlinFs ?otion to Contest $ersonal $ro"ert! =ien
actuall! required Coughlin to "a! the e/act same amount o1 rent 1or (7 da!s No;emAer ( to No;emAer
(7th, 0,((#, I4*, ie, "ro>rated 1rom the I9,, "er month rental agreement# as Coughlin Bould ha;e under
a G1air rental ;alueG, 1or the G1ull use and occu"anc! o1 the "remisesG des"ite the 1act that 3ill somehoB
signed a Criminal Com"laint 1or -res"ass 8gainst Coughlin, on No;emAer (3th, 0,(( des"ite an!
6ummar! E;iction %rder not Aeing ser;ed in accordance Bith N)6 4,.4,, and there1ore N)C$ + and 'e#
;is a ;is the GBithin 04 hoursG o1 Grecei"tG o1 the locDout order, and, there1ore, an! such locDout that had
occured Aeing rendered a nullit! or "ursuant to a ;oid %rder# and Bhere the 7ashoe Count! 6heri11Fs
%11ice Ci;il $rocess 6er;ice 6u"er;isor =iE 6tuchell has admitted in Briting that the 811ida;it o1 6er;ice
1iled No;emAer 7th, 0,(( A! De"ut! ?achen, attesting to ha;ing G"ersonall! ser;edG the 6ummar!
E;iction %rder on No;emAer (st, 0,((, Bas, in 1act, "ur"ortedl! merel! "osted to the door o1 CoughlinFs
1ormer laB o11ice Bhile Coughlin Bas not home, at Bhich "oint a 6oldal ;. CooD Count! ;iolating illegal
locDout occurred. 2n a .eAruar! 7th, 0,(0 Britten corres"ondence to Coughlin, 6tuchell Brote: G?r.
Coughlin, %ur records indicate that the e;iction conducted on that da! Bas "ersonall! ser;ed A! De"ut!
?achen A! "osting a co"! o1 the %rder to the residence. -he residence Bas unoccu"ied at the time. =iE
6tuchell, 6u"er;isor 7C6% Ci;il 6ectionG. -he te/t o1 N)6 4,.0+3 s"eaDs to ser;ice o1 =ocDout %rders:
L-he court ma! thereu"on issue an order directing the sheri11 or constaAle o1 the count! to remo;e the
tenant Bithin 04 hours a1ter recei"t o1 the order...M is ina""licaAle to this situation, Bhere an %rder <ranting
6ummar! E;iction Bas signed A! %ctoAer 07th, 0,(( though not mailed to Coughlin until a1ter the
No;emAer (, 0,(( locDout had allegedl! alread! occured#. -hat language is onl! 1ound in situations
ina""licaAle to the one incident that in the summar! e;iction 1rom CoughlinFs 1ormer home laB o11ice. N)6
4,.0+33#A#0#, and N)6 4,.0+3+#a# are the onl! sections o1 N)6 4, Bhere this LBithin 04 hoursM
language occurs, and those situations onl! a""l! Bhere, in: 4,.0+33#A#0#: L 3. 8 notice ser;ed "ursuant
to suAsection ( or 0 must: ...A# 8d;ise the tenant: Z. 0# -hat i1 the court determines that the tenant is
guilt! o1 an unlaB1ul detainer, the court ma! issue a summar! order 1or remo;al o1 the tenant or an order
"ro;iding 1or the nonadmittance o1 the tenant, directing the sheri11 or constaAle o1 the count! to remo;e the
tenant Bithin 04 hours a1ter recei"t o1 the orderM and, 4,.0+3+#a#: L+. 5"on noncom"liance Bith the
notice: a# -he landlord or the landlordRs agent ma! a""l! A! a11ida;it o1 com"laint 1or e;iction to the
Custice court o1 the toBnshi" in Bhich the dBelling, a"artment, moAile home or commercial "remises are
located or to the district court o1 the count! in Bhich the dBelling, a"artment, moAile home or commercial
"remises are located, Bhiche;er has Curisdiction o;er the matter. -he court ma! thereu"on issue an order
directing the sheri11 or constaAle remo;e the tenant Bithin 04 hours a1ter recei"t o1 the order.M -he Ba!
these summar! e;iction "roceedings are Aeing carried out in )eno 4ustice Court "resentl! shocDs the
conscience and ;iolates Ne;ada laB. -here is not Aasis 1or e11ectuating a locDout the Ba! 7C6%Fs De"ut!
?achem did in this case. -he requirements attendant to ser;ing 6ummar! E;iction %rders and conducting
locDouts are 1ound in N)6 4,.0+3 in tBo sections containing the LBithin 04 hours o1 recei"tM language are
ina""licaAle, as those situations do not in;oDe the "resent circumstances, Bhere the -enant did 1ile an
811ida;it and did contest this matter to a degree not o1ten seen. -o require Ne;adaFs tenants to get u" and
get out LBithin 04 hoursM o1 Lrecei"t o1 the orderM Bhat does that e;en meanN -he use o1 terms liDe
LrenditionM, LrenderedM, Lnotice o1 entr!M, L"ronouncedM, is aAsent here, and this Lrecei"t o1 the orderM
language is something rarel! 1ound elseBhere in Ne;ada laB>see attached D?V statutor! citations, and in
em"lo!ment laB litigations Bhere one must 1ile a Com"laint Bithin 9, da!s o1 Lrecei"tM o1 a )ight -o 6ue
=etter, a situation Bhich 1olloBs N)C$ +A#, and N)C$ 'e# in im"uting recei"t o1 such a letter, Bhen
actual recei"t is not shoBn, A! a""l!ing a Lconstructi;e noticeM standard that relies u"on the da!s 1or
mailing e/tension o1 time 1or items ser;ed in the mailing, etc.#. 2n 8Araham ;. 7oods 3ole %ceanogra"hic
2nstitute, ++3 ..3d ((4 (st Cir. 0,,9#, the record did not re1lect Bhen the "lainti11 recei;ed his right>to>sue
letter. -he letter Bas issued on No;emAer 04, 0,,'. -he court calculated that the 9,>da! "eriod
commenced on No;emAer 3,, 0,,', Aased on three da!s 1or mailing a1ter e/cluding 6aturda!s and
6unda!s. 2n order to Aring a claim under either -itle V22 or the 8D8, a "lainti11 must e/haust
administrati;e remedies and sue Bithin 9, da!s o1 recei"t o1 a right to sue letter. 6ee 40 5.6.C. U 0,,,e>
+1#(#. 6ee BaldBin Count! 7elcome Center ;. BroBn, 4'' 5.6. (47, (4* n.(, (,4 6.Ct. (703, *, =.Ed.0d
(9' (9*4# granting "lainti11 an additional three da!s 1or mailing "ursuant to )ule '#....M .urther, as seen
in the 8n;ui case, there is some argument res"ecting not e11ecting a locDout 1or at least + da!s Bhere a
lease has not e/"ired A! its terms, as CoughlinFs arguaAl! had not.
3oBe;er, in his 4anuar! 0,th, 0,(0 6econd ?otion 1or %rder to 6hoB Cause, )ichard <. 3ill, Esq. did not
get all Aogged doBn in legal research and stu11, instead he Cust "ointed out: G.8C-6 63%72N<
C%N-E?$- %. C%5)- '. E&32B2- ( the 6ummar! E;iction =ocDout %rder# Bas ser;ed on Coughlin
on No;emAer (, 0,(( A! the 7ashoe Count! 6heri11s De"artment in its customar! manner, A! "osting
same on the 1ront door o1 the "ro"ert! in the manner customar! 1or e;ictions in 7ashoe Count!. -he locDs
to the "remises Bere changed at that time, thereA! eCecting and dis"ossessing Coughlin o1 "ossession o1 the
$ro"ert!.G 3ill Bent on to lie again in that 4anuar! 0,th, 0,(0 ?otion Bhen he equated his o11er to let
Coughlin get some o1 the "ersonalt! Coughlin Bas unaAle to remo;e, due largel! to 3ill 1ailing to remo;e
the chain linD "adlocD 1rom the AacD!ard gate that 3ill had onl! Cust installed in time 1or the (3 hours
Coughlin had to remo;e his "ro"ert! in e/change 1or Coughlin Bai;ing his rights to the I7,, damage
de"osit Coughlin "ro;ided u"on mo;ing in, Bhere 3ill s"ins it: G(0. %n .rida!, DecemAer 03, 0,((,
Coughlin had a creB o1 hel"ers, and made "rogress. Nonetheless, Coughlin 1ailed to remo;e all o1 his
Aelongings 1rom the $ro"ert!. Coughlin 1ailed to remo;e his things des"ite ha;ing Aeen gi;en additional
time to do so a1ter c the time set A! the )eno 4ustice Court in its order o1 DecemAer 0(, 0,(( E&32B2- 0#
had e/"ired.G 8""arentl!, to 3ill, at least one has G 1ailed to remo;e all o1 his Aelongings 1rom the
$ro"ert!. Coughlin 1ailed to remo;e his things des"ite ha;ing Aeen gi;en additional time to do soG Bhere
3ill threatens to ha;e one arrested 1or criminal tres"ass or larcen! o1 their oBn stu11, arguaAl!# i1 one is on
the "ro"ert! one minute "ast + ".m., unless one Bai;es an! right to their damage de"osit Bhich neither
3ill nor the =andlord e;e did return, nor did the! com"l! Bith the requirement that the! "ro;ide an
itemiEed statement indicating an a""lication thereo1 Custi1!ing such a 1ailure to return such de"osit Bithin
3, da!s....and 3ill does not Bant to get into Bhether his conduct is ;iolati;e o1 the .DC$8 or Bhether he is
licensed a as deAt collector#. 2n that ?otion, 3ill continued on: G(3. %n DecemAer 3,, 0,((, Coughlin
mo;ed this Court 1or a tem"orar! restraining order to "re;ent ?erliss 1rom dis"osing o1 the items he
Coughlin# had aAandoned on the $ro"ert!. CoughlinFs motion Bas 1ull! Arie1ed, and the Court entered its
order den!ing the motion on 4anuar! ((, 0,(0. 8 true and correct co"! o1 this CourtFs 4anuar! ((,0,(0
order is attached hereto as E&32B2- 3. (4. %n -hursda!, 4anuar! (0, 0,(0, in accordance Bith E&32B2- 0
and E&32B2- 3, a licensed contractor hired A! ?erliss Aegan cleaning u" the $ro"ert! and dis"osing o1 the
aAandoned items still remaining there. (+. Earl! that a1ternoon, Bhile the contractor Bas hauling the 1irst o1
se;eral loads o1 aAandoned "ro"ert! to the trans1er station dum"# 1or dis"osal, Coughlin sto""ed the
contractor in tra11ic and attem"ted to "re;ent him 1rom carr!ing out his tasD. ('. 6"eci1icall!, Coughlin
stood in 1ront o1 the contractorFs ;ehicle in an e11ort to "re;ent him 1rom "roceeding to the trans1er station.
Coughlin threatened to sue the contractor. Coughlin climAed u" on the contractorFs ;ehicle. Coughlin then
called the "olice and 1alsel! told them that the contractor had stolen his "ossessions, and that the contractor
had tried to run him o;er. CoughlinFs acts Bere s"eci1icall! calculated to "re;ent the contractor 1rom
dis"osing o1 the aAandoned "ro"ert!, and to 1rustrate and inter1ere Bith ?erlissF com"liance Bith this
CourtFs 4anuar! ((, 0,(0 order. (7. 7hen ?r. 3ill o1 the undersignedFs o11ice Bas noti1ied o1 the 1oregoing,
he Bent to the trans1er station and "resented E&32B2- 0 and E&32B2- 3 to the "olice. -he contractor Bas
then alloBed to "roceed. (*. 3oBe;er, Ae1ore the contractor could return to the )i;er )ocD $ro"ert!,
Coughlin Bas there. 3e had his ;ideo camera and Bas BalDing u" and doBn the street screaming and
!elling at the "olice, the contractor, and ?r. 3ill, once ?r. 3ill arri;ed. 8t the instruction o1 the "olice, ?r.
3ill then oAtained a tem"orar! "rotecti;e order G-$%G# against Coughlin 1rom the )eno 4ustice Court.
Coughlin ended u" Aeing arrested and taDen to Cail that da! as a result o1 his antics at the trans1er station
and the $ro"ert!.G
-he thing is, and Coughlin Bould sure liDe to get the 9(( ta"es or, more liDel!, Bith 3ill, an! recordings
that ma! e/ist o1 3ill calling someAod! in "articular he ma! ha;e had in mind Bith the )$D# o1 calls A!
Coughlin and i1 7al>?art can call 9(( o;er a cand! Aar, or a sDater Aoard o;er an i$hone he seems to
ha;e set doBn on the concrete ground in doBntoBn )eno, then sDaterAoarded o11 some (,, !ards aBa! 1or
su11icientl! long "eriod o1 time to seem to ha;e Aeen "rett! much the onl! "erson not to ha;e heard
someAod! Bho "icDed it u" threaten to throB it is in the ri;er i1 it Bent unclaimed can call 9(( and maDe
u" a Aunch o1 lies on the s"ot 1or the "ur"ose o1 mani"ulating the "olice into assuages the sDateAoarders
oBn negligence ;is a ;is the i$hone# is it unreasonaAle 1or Coughlin to call 9(( u"on ha""ening, totall! A!
chance, to cross "aths Bith 3illFs contractor Bhile dri;ing, catching site o1 a huge dum" trucD 1ull o1
CoughlinFs "ersonal "ro"ert! headed toBards the toBn dum"N 3ill admits the %rder den!ing CoughlinFs
?otion 1or a -$% and he!, 1amil! heirlooms are "rett! 1ungiAle, rightN 7ho needs a -$% 1or thatN 8nd its
not liDe the landlord could Cust acce"t rent in the meantime, or that the "ro"ert! still remains unrented to
this da!, some (( months a1ter the locDout, and a""arentl!, some I',,,,, Borth o1 attorne!Fs 1ees "aid to
3ill 1or a tBo Aedroom home that a""raises at around I9,,,,, currentl!, i1 that. 8nd 3illFs 1antastic legal
BorD GBrong site surger!G and all# Bas surel! Borth the risD o1 a Brong1ul e;iction laBsuit and checD out
those "otential damages under 7inchell ;. 6chi11, (04 Ne;. 93*, (93 $.3d 94' 0,,*#, not that the loss o1 a
"atent attorne!Fs career could amount to all that much#. )egardless, its not all that coloraAle 1or 3ill to
allege Coughlin Bas ;iolating some %rder entered on 4anuar! ((th, 0,(0 A! CoughlinFs conduct o1 4anuar!
(0th, 0,(0 Bhen N)C$ 'e# "ro;ides that 3 da!s 1or mailing is to Ae accorded to account 1or the ser;ice o1
1ilings, e;en 1ilings electronicall! ser;ed on registered e1ilers liDe Coughlin. 2ts similar to 3ill Banting a
criminal tres"ass arrest Bhere N)C$ 'e#Fs three da!s 1or mailing Bhere no "ersonal ser;ice Bas
accom"lished A! Ba! o1 N)6 4,.4,,# and 3illFs et al did not e;en com"l! Bith the constructi;e ser;ice
requirements o1 mailing the summar! e;iction locDout order "rior to 3illFs AreaDing into CoughlinFs 1ormer
home laB o11ice on No;emAer (st, 0,((, Bith the hel" o1 the 7C6%, in ;iolation o1 6oldal ;. CooD Count!
Bhere Coughlin Bas not accorded the G04 hoursG cushion a1ter CoughlinFs Grecei"tG o1 the locDout order
mentioned in this CourtFs oBn "acDets on the ser;ice o1 =ocDout %rders, Bhich 3ill himsel1 attached as a
suAsequent e/hiAit recentl!...2t gets 1unnier. -he ci;il di;ision o1 the 4ustice Court and the 6heri11Fs %11ice
thinD that Bhole GBithin 04 hoursG language in N)6 4,.0+3 means GBithin 04 hoursG o1 the 6heri11Fs
Grecei"tG o1 the %rder 1rom the 4ustice Court...7hile otherFs thinD it is GBithin 04 hoursG o1 the tenantFs
recei"t o1 the %rder 1rom the 6heri11...and this CourtFs o11icial 1orms and instructions seem to im"l! that Gat
least 04 hoursG 1rom Grecei"tG o1 the locDout %rder must Ae accorded to a tenant. 7ho DnoBsN But, it is not
clear, as 3ill suggests, that the Gusual custom and "ractice o1 the 7ashoe Count! 6heri11Fs %11iceG is AlacD
letter laB u"on Bhich Bar grie;ances, custodial criminal tres"ass arrests, multi"le ?otion 1or %rder -o
6hoB Cause, tens o1 thousands o1 dollars in attorne!Fs 1ees sanctions against a "ro se a""ellant, etc. are
Barranted. 6omehoB the District Court 1ound a Ba! to sanction Coughlin Bith I4,,,+, Borth o1 attorne!Fs
1ee in that a""eal o1 the summar! e;iction Bithout holding a single hearing, Bell, other than the 3earing on
3ills %rder to 6hoB Cause, Bhich Bas denied Bhen Coughlin destro!ed 3illFs contractor $hil 6teBart on
cross>e/amination. )eall!, $hilN )eall!N 9ou could 1ell Ga de"ressionG in !our 0 ton loaded to ca"acit!
dum" trucD u"on Coughlin allegedl! GclimAing u" on itG, though !ou indicated !ou had alread! Galighted
1rom the ;ehicleG, Aut, Bait, !ou could see CoughlinFs head aAo;e the tailgate Balls in !our rear ;ieB
mirror Bhich doesnFt seem to Ae there on an! the man! ;ideos o1 the e;ents o1 that da!. 8nd e;en i1 such a
mirror Bhere "resent on 6teBartFs trucD, that doesnFt reall! e/"lain hoB all the "ersonalt! stacDed u" so
high in the trucD Aed re"lete Bith s"ecialiEed add>on high stacD retaining Balls# BouldnFt oAscure an!
"ur"orted ;ieB o1 CoughlinFs head high aAo;e the area aAo;e the s"ecialiEe h!draulic dum" trucDFs tailgate,
con1irming 6teBartFs mere sus"icion that Coughlin climAed on his trucD. Coughlin sBears under oath he did
not climA on 6teBartFs trucD. 3ill needed a little G1actG to s"ice u" his ?otion to 6hoB Cause Cust enough,
and GCoughlin climAed u" on the trucDG Bas GCust the ticDetG, and 6teBart did not mind going along 1or the
ride, so long as... 8nd none o1 the man! ;ideos 1rom that da! actuall! shoB an! o1 the 9osemite 6am
cartoon ;illian t!"e Aeha;ior 3ill attriAutes to Coughlin in his Bonder1ull! imaginati;e ?otion 1or %rder to
6hoB Cause and or 8""lication 1or %rder o1 $rotection concerning the e;ents in;ol;ed in the Ca!BalDing
custodial arrest 3ill had Coughlin suACected to on 4anuar! (0th, 0,(0.
?uch liDe 3illFs contractor, $hil 6teBart, 1lat out l!ing in an a11ida;it Bhen he sBore Coughlin GclimAed u"
onG his trucD, 3ill similarl! lied in an a11ida;it aAout Coughlin, a""arentl! Bhile GengragedG maDing
G"h!sical contactG Bith 3ill. %n $age 0 o1 3illFs 811ida;it attach to his ?otion 1or %rder to 6hoB Cause,
4anuar! 0,th, 0,(0, 3ills attests: G+. %n .rida!, DecemAer 03, 0,((, Be unlocDed the house at 9:,, a.m. as
ordered. 7e o;erlooDed the chain on the AacD gate. -here Bas noAod! at the house Bhen Be Bere there. 8t
a""ro/imatel! noon, m! sta11 in1ormed me that an enraged ?r. Coughlin had called the o11ice screaming
that he could not get in the AacD !ard. 7hen 2 1inished the meeting 2 Bas in, 2 immediatel! Bent o;er and
unlocDed the AacD gate. Coughlin had a small creB. 3e charged at me and made "h!sical contact. 3e Bas
enraged. 7e le1t. 7hen Be returned at +:,, ".m., ?r. Coughlin Bas screaming and !elling oAscenities. 3e
dro;e o11 in a small 5 >3aul. 3is creB remained. 7e BalDed the "ro"ert! Bith them. -he inside .ground
1loor Bas mostl! cleared o1 all Aut a Aig -V. -he Aasement had Aeen cleared someBhat, Aut there Bas still a
lot o1 GCunD. G 7e could not access the attic. 7e Bent outside. 2 told CoughlinFs creB the! could remo;e
an!thing and e;er!thing outside, i1 the! Bould onl! tr! to rehang the gate that ?r. Coughlin had taDen o11
the hinges Ae1ore Be could get o;er to unlocD it. 2 told them 2 Bould locD the gates in the morning.
-hat is reall! interesting. Com"are the aAo;e to the 1olloBing e/cer"t 1rom "age 3 o1 3ills 4anuar! 3rd,
0,(0 %""osition in CV((>,3'0*, the a""eal o1 the summar! e;iction %rder: G(0. 7hile at the "ro"ert! to
remo;e the "adlocD, Coughlin, on more than one occasion, screamed "ro1anities at ?erlissF counsel, and, at
one "oint, charged ?r. 3ill and attem"ted to "h!sicall! intimidate him. 8t least the audio o1 this incident
Bas ca"tured on ta"e. (3. Ne;ertheless, at +:,, ".m. on .rida!, DecemAer 03,0,((, counsel granted
Coughlin and his agents additional, un1ettered, and unlimited access to the outside o1 the "ro"ert! to
remo;e an! remaining items.G 7hereas in his 4anuar! 0,th, 0,(0 sBorn Declaration 3ill goes so 1ar as to
indicate Coughlin Gmade "h!sical contactG Bhich is a damn lie an!Ba!s#, in 3illFs then associate Case!
BaDer, Esq.Fs N)C$ (( signed 4anuar! 3rd, 0,(0 %""osition, 32llFs associate BaDer Bill onl! go so 1ar as to
sa! that Coughlin, Gat one "oint, charged ?r. 3ill and attem"ted to "h!sicall! intimidate him.G BaDer Bas
standing directl! ne/t to 3ill during the interacation Bherin 3ill sBore, under "enalt! o1 "erCur!, that
Couglhin Gmade "h!sical contactG Bith 3ill#. 6ounds liDe Case! BaDer, Esq. Bas not quite Billing to Gs"ice
u"G the stor! line as 3ill himsel1 Bas. Case! "roAaAl! did not ha;e enough reason to sign on to the lies
aAout Coughlin GclimAing onG the contractorFs trucD. 2n 3illFs 8""lication 1or a $rotection %rder against
Coughlin 3ill sli"s u" and claims that Coughlin Bas GclimAing on the contractorFs trucD, "icDing through
the contentsG AacD at CouglinFs 1ormer home laB a1ter the interaction at the Gtrans1er stationG toBn dum"#,
Bhereas 3illFs contractor indicated in his 811ida;it that the alleged GclimAingG on his trucD occurred at the
Gtrans1er stationG. 3oBe;er, Aoth 3ill and his contractor, $hil 6teBart indicate that the )eno $olice
De"artment GrequestedG that 3ill 1iled a $rotection %rder 8""lication against Coughlin. 21 that is true, its
im"ro"er. -he )$D can "ro;ide indi;iduals in1ormation aAout seeDing one, Aut Bhen the )$D goes a ste"
1urther and starts urging indi;iduals to 1ile "rotection order a""lications, or, as has recentl! Aeen the case
Bith )$D %11icer 8lan 7ea;er and 6argent %li;er ?iller, Bhom, u"on in1ormation and Aelie1, urged
NorthBindFs a"artment maintenance man ?ilan JreAs to sign a 1raudulent criminal com"laint against
Coughlin 1or GdisturAing the "eaceG on 4ul! 3rd, 0,((, and again urged 6u"erior ?ini 6torageFs ?att <rant
to sign a similar Aaseless GdisturAing the "eaceG criminal Com"laint against Coughlin on a""ro/imatel!
6e"temAer 0(st, 0,(0 then there is more than a little indication that the )$D is out o1 control and
attem"ting to incite memAers o1 the "uAlic to sign 1raudulent criminal com"laints Aased u"on a retaliator!
animus A! the )$D toBards Coughlin. %11icer 7ea;er and 6argent D!e shoBed u" to an unnoticed 4ul!
+th, 0,(0 Aail hearing 1or Coughlin, "resided o;er A! 4udge =inda <ardnerFs Arother )?C 4udge 7illiam
<ardner Bhom recei;ed CoughlinFs timel! Notice o1 8""eal o1 the criminal tres"ass con;iction, under
N)6 (*9.,(,, !et 1ailed to 1orBard it on to the District Court, Bhich someBhat recentl! dismissed
CoughlinFs a""eal in that matter, Bherein 6argent D!e and %11icer 7ea;er testi1ied under oath, Bith Cit!
8ttorne! 4ill DraDe singing AacDu", the the e11ectd that, des"ite Aail onl! Aeing ;alid Aased u"on one reason
in Ne;ada to secure the de1endantFs attendance at trial# the G"uAlic health and sa1et!G dictated increasing
the cash required to Aail out Couglin -EN.%=D, 1rom a AondaAle I(,4(+ to a C863 %N=9 I3,,,,.
Consequentl!, u"on 4udge <ardner so im"ermissiAl! raising CoughlinFs Aail, alleging a G"uAlic health and
sa1et!G rationale 1or so doing, Couglin Bas 1orced to s"end (* da!s in Cail, Bherein the o""ortunit! to
timel! contest the I4,,,+, attorne! 1ees aBard to )ichard 3ill incident to the summar! e;iction a""eal ran,
all Bhile Coughlin Bas denied an! o""ortunit! to access Custice or 1ile documents 1rom Cail, and Bhere
Coughlin sustained sign1icant damages, 1inancial and otherBise, and Bhere the Cail re1used to trans"ort
Coughlin to a hearing on a landlord tenant matter Bherein he Bas a named "art!. -he e/tent to Bhich local
laB en1orcement is Billing to "la! GDicD the canG Bith an attorne!, "articularl! Bhere Bar Counsel $at Jing
is so Billing to Coin the chorus, is trouAling, and indicates the Cudiciar! need issue a clarion call out to
announce the e/tent to Bhich such misconduct can not, and Bill not, Ae tolerated. 6uch a retaliator! animus
toBards Coughlin A! the )$D is liDel! due to his 6e"temAer 7th, 0,(( Com"laint Bith res"ect to a
Brong1ul, retaliator!, and 1raudulent arrest A! )$D %11icer Nicholas Duralde, Bhich Bas accom"anied A!
e/tortionate threats A! )$D %11icer )on )osa that i1 Coughlin didnFt coo"erate the! Bould Gcall the
Ne;ada Bar and let them DnoB hoB !ou coo"erated Bith our in;estigation. 3oBFs that runninF 1or !aNG
7hile Duralde testi1ied that he did not hear or recall )osaFs coerci;e threats to Coughlin Cust "rior to the
arrest, the 1act that Duralde echoed those threats A! sa!ing GNoB, 2 can arrest !ou 1or larcen!. NoB, 2 can
do a search incident to arrest. 3oBFs thatNG tends to undermine DuraldeFs contention that Ghe doesnFt recallG
hearing an!thing liDe Bhat %11icer )osa Bas ca"ture on ta"e sa!ing to Coughlin Cust "rior to the arrest.
5"on maDing a .ourth 8mendment ;iolating arrest com"letel! lacDing in "roAaAle cause, and smugl!
GCoDingG to Coughlin aAout the GAene1itsG associated Bith charging Coughlin Bith a G1elon!G, at the time o1
the 8ugust 0,th, 0,(( arrest, the 1elon! larcen! amount limit Bas I0+, and aAo;e# com"ared to a
misdemeanor under some hal1 AaDed Ggrand larcen!G o1 an allegedl! lost or mislaid or aAandoned three
!ear old i$hone 3< that the alleged ;ictim testi1ied Bas onl! then Borth GaAout I*,>(,,G on eBa! or
Craigslist#, ie, search incident to custodial arrest "ossiAle Bhere "roAaAle cause lacDing to arrest, or e;en
reasonaAle sus"icion missing to do a "at doBn, Bhere alleged crime occured outside o11icerFs "resence,
a1ter 7 ".m., and no citiEens arrest immediatel! e11ectuated, "articularl! Bhere Coughlin himsel1 made a
9(( call "rior to %11icerFs arri;ing and Bhere ;ideo 1rom minutes "rior to o11icer arri;ing re;eal Coughlin
suggesting the *>(0 hostile late teens to earl! tBenties sDater Aoarders rela/, sta! "eace1ul, re1rain 1rom
assaulting and Aattering Couglin, and Bait 1or the "olice arri;e so a laB1ul, "eace1ul resolution could Ae
attained Bith Coughlin e;en cautioning the !ouths aAout a then recent tragic death occurring not 1ar 1rom
that location#.
.urther 3ill Cust 1lat out lies in his 4anuar! 3rd, 0,(0 %""osition to 8mended ?otion 1or Emergenc!
)estraining %rder. 7ell, he did tell the truth Bhen he Brote, on "age 3: G((. %n .rida!, DecemAer 03,0,((,
counsel 1or ?erliss neglected to remo;e the "adlocD to the AacD gate o1 the "ro"ert!.G -hat is true, he did
do that, and it did "re;ent Coughlin 1rom remo;ing all his "ro"ert! during the scant (3 hours Coughlin had
to mo;e it. But, Bhen 3ill sBears, on "age 3, that: GCoughlinFs access to the house itsel1 Bas ne;er
hindered.:G he is Cust Gsi""inF dranDG or something, as, oA;iousl! 1ailing to remo;e a locD on a gate gonna
tend to ha;e that e11ect, noB...and Bhen 3ill sBears: G (3. Ne;ertheless, at +:,, ".m. on .rida!, DecemAer
03,0,((, counsel granted Coughlin and his agents additional, un1ettered, and unlimited access to the
outside o1 the "ro"ert! to remo;e an! remaining items. -he onl! condition "laced on that access Bas that
CoughlinFs hel"ers agreed to re"lace the gate on its hinges as Aest the! could. Coughlin and his agents
1ailed to remo;e the remainder o1 CoughinFs "ro"ert! 1rom the !ard that night, and 1ailed to "ut the gate
AacD on the hinges.G Coughlin Bas ne;er made aBare o1 an! such Go11erG A! 3ill, and, e;en i1 he had Aeen,
he!, itFs the Goutside o1 the "ro"ert!G, )ich, "eo"le generall! "ut their ;aluaAles inside, !ou DnoBN
-hen the 32ll "re;arication and oA1uscation e/"ress DicDs into o;erdri;e, Bhen, in his 4anuar! 3rd,
0,(0 %""osition he continues on: GC. Coughlin is Not Entitled to 8 6ta! Coughlin claims to ha;e
de"osited I0+, Bith the CusticeFs court "ursuant to N)6 4,.3*+, although he has not "ro;ided an! "roo1 in
su""ort o1 his claim. 8ttached hereto as E&32B2- (, is a true and correct co"! o1 the CusticeFs courtFs
docDet as o1 DecemAer (9, 0,((. -hat docDet shoBs that Coughlin "aid a 1iling 1ee 1or his a""eal on
DecemAer (0, 0,((, in the amount o1 I0('.,,.G 7ell, actuall!, 4udge 61erraEEa Bai;ed the 4ustice CourtFs
I04.,, 1iling 1ee, and the I0('.,, re"resents the District CourtFs 1iling 1ee, and its not reall! clear Bhether
that date is Bhen the checD Bas cashed A! the District Court, or Bhether the 4ustice Court held on to the
checD 1or quit4e aBhile Ae1ore shi""ing it along Bith the )%8 to the District Court, etc., etc. 3ill
continues: G2t is entirel! unclear 1rom the 1olloBing entries o1 that docDet Bhether or Bhen Coughlin e;er
"aid an additional I0+,.,, under N)6 4,.3*+.G -hat might, technicall! Ae true, )ich, to the e/tent that !ou
Brote it on 4anuar! 3rd, 0,(0, and are sneaDil! indicating that !ou are looDing at an old docDet 1rom the
4ustice Court 1rom DecemAer (9th, 0,(0, e;en though Coughlin made a Aig deal to !ou and the 4ustice
Court, in Briting, that he Bas de"ositing the I0+,.,, su"ersedeas Aond mentioned in N)6 4,.3*+, on
DecemAer 00nd, 0,((, a 1act Bhich 3ill himsel1 mentions in his oBn 1ilings...6o, Dind o1 a lacD o1 candor
to the triAunal there to maDe all this argument Aased u"on some old docDet and the e/tent to Bhich it 1ails
to re;eal or GmaDe clearG matters to Bhich 3ill had read! Britten notice o1 ;ia his oBn e>.le/ account and
ser;ice o1 1ilings u"on him connected thereto, in addition to CoughlinFs 1a/es, emails, and there might ha;e
e;en Aeen a ser;ice o1 a Notice o1 $osting 6u"ersedeas Bond need to checD on that more#, etc. in
connection Bith the de"ositing on DecemAer 00nd 0,(0, the I0+, required 1or a sta! during a""eal o1 a
summar! e;iction in N)6 4,.3*+. 8nd, actuall!, 3ill sli""ed u" a Ait there, in light o1 the 1olloBing: 8nd,
actuall!, 3ill, in his 4anuar! 0,th, 0,(0 1iling, admitted that Coughlin sent him that DecemAer 00nd, 0,((
email noti1!ing him o1 the "osting o1 the I0+, su"ersedeas Aond seeDing a sta!, Bhen he admits, on "age 3:
G((. $ursuant to E&32B2- 0, Coughlin Bas "ro;ided access to the $ro"ert! on -hursda!, DecemAer 00,
0,((. -hat da!, Coughlin sent an email to the undersigned and 4udge 61erraEEa, in Bhich he essentiall!
announced that he Bas entitled to a sta!, and to return to and continue in "ossession o1 the $ro"ert!. 4udge
61erraEEa quicDl! res"onded A! email, and reminded ?r. Coughlin that the sta! had Aeen denied.G .ound in
E/hiAit ( is the DecemAer 00nd email to 3illFs %11ice that alerts them to the "osting o1 I0+, , s"eci1ied as a
Gsu"ersedeas AondG, Bith a citation to N)6 4,.3*+:
3illFs 4anuar! 3rd, 0,(0 %""osition continues, on "age *: GE;en i1 Coughlin e;entuall! "aid some amount
toBard an a""eal Aond, it Bas not in time to sta! the e;iction during this a""eal. -o do that, a "ro"er
motion must Ae made and granted, and the Aond "osted, "rior to the locDout. -he locDout here occurred on
No;emAer (, 0,((. B! the time Coughlin managed to 1ind that statute and "a! an! mone! to the court, he
had Aeen locDed out o1 the "ro"ert! 1or si/ BeeDs. 8s such, an! request 1or a sta! Bas, and is, moot. 8t this
"oint, Coughlin does not ha;e an! rights in either the real or "ersonalG. %ddl!, 8n;ui saB a sta! granted
a1ter a locDout Bas conducted, and 3ill )$C 3.( Gmeritorious contentionG issues# cites to no legal authorit!
1or his contention that Gto sta! the e;iction during this a""eal...a "ro"er motion must Ae made and granted,
and the Aond "osed, "rior to the locDout.G CitationN None.
Des"ite 3illFs strange a""roach o1 not actuall! indicating that his o11ice did not get an
DecemAer 00nd, 0,(( email noti1!ing them o1 the "osting o1 I0+, 1or a su"ersedeas Aond seeDing a sta!
under N)6 ((*8.3*+ Aut rather, 3ill 1ocuses on Bhat one cannot glean 1rom looDing at a dated docDet...#,
3illFs %11ice Bas made aBare o1 such matters, in Briting, in the 1olloBing DecemAer 00nd email to 3illFs
%11iee: G....urther, this is all moot at this "oint as 2 ha;e 1iled a 6u"ersedeas Bond o1 I0+,, and according
to N)6 4,.3*+, 2 automaticall! get a sta! o1 e;iction and am entitled to return to the "ro"ert! and continue
in "ossession. -he statute sets the 6u"ersedeas Bond Bhich !ields a sta!# at I0+, i1 rent is under I(,,,,
unless the Court Bishes to rule that 2 am a commercial tenant. 3oBe;er, i1 the court does rule that 2 am a
commercial tenant, the No Cause E;iction Notice in this case, under N)6 4,.0+3 maDes a 6ummar!
E;iction $roceeding im"ermissiAle, as 6ummar! E;iction $roceedings are not alloBed against commercial
tenants Bhere onl! a No Cause E;iction Notice is 1iled. 2ts one or the other, Aut ?r. 3ill and BaDer cannot
ha;e it Aoth Ba!s. .urther, the Courts %rder o1 DecemAer 0(, 0,(( is Cust that, and %rder, its not an
agreement, its not a settlement, etc, etc. and the audio record clearl! re1lects that. N)6 4,.3*+ 6ta! o1
e/ecution u"on a""eal: dut! o1 tenant Bho retains "ossession o1 "remises to "a! rent during sta!. 5"on an
a""eal 1rom an order entered "ursuant to N)6 4,.0+3: (. E/ce"t as otherBise "ro;ided in this suAsection, a
sta! o1 e/ecution ma! Ae oAtained A! 1iling Bith the trial court a Aond in the amount o1 I0+, to co;er the
e/"ected costs on a""eal. 2n an action concerning a lease o1 commercial "ro"ert! or an! other "ro"ert! 1or
Bhich the monthl! rent e/ceeds I(,,,,, the court ma!, u"on its oBn motion or that o1 a "art!, and u"on a
shoBing o1 good cause, order an additional Aond to Ae "osted to co;er the e/"ected costs on a""eal. 8
suret! u"on the Aond suAmits to the Curisdiction o1 the a""ellate court and irre;ocaAl! a""oints the clerD o1
that court as the suret!Fs agent u"on Bhom "a"ers a11ecting the suret!Fs liaAilit! u"on the Aond ma! Ae
ser;ed. =iaAilit! o1 a suret! ma! Ae en1orced, or the Aond ma! Ae released, on motion in the a""ellate court
Bithout inde"endent action. 0. 8 tenant Bho retains "ossession o1 the "remises that are the suACect o1 the
a""eal during the "endenc! o1 the a""eal shall "a! to the landlord rent in the amount "ro;ided in the
underl!ing contract AetBeen the tenant and the landlord as it Aecomes due. 21 the tenant 1ails to "a! such
rent, the landlord ma! initiate neB "roceedings 1or a summar! e;iction A! ser;ing the tenant Bith a neB
notice "ursuant to N)6 4,.0+3. 6incerel!, Zach Coughlin, Esq.G. %h, and 3ill and 6teBart admit to this in
a ;ideo. )ichard 3illFs contractor, 1or some strange reason, remo;ed a ladder Coughlin oBns 1rom the
"ro"ert!, "re;enting CoughlinFs access to the attic u"on his Aeing alloBed that scant (3 hours to remo;e his
"ro"ert! and the attic had Aeen reno;ated to alloB 1or storage o1 a consideraAle amount o1 "ro"ert!. 21
Coughlin Bas 3ill he Bould ha;e called the )$D to re"ort the Glarcen!G o1 his ladder A! 3ill, in a )2C%
thing Bith his contractor. But 3ill esca"ed "rosecution that time, o;er the! Bhole ladder deal. 2t ne;er Bas
made clear Bh! the contractor remo;ed the ladder 1rom the "ro"ert!, other than, "erha"s, liDe the a""l!ing
o1 a locD to the AacD!ard gate, maDe it e;en more unliDel! that Coughlin Bould Ae aAle to remo;e all he
needed to, es"eciall! gi;en the limited 1unds 1or mo;ing ;ehicles and hired hel", in the scant (3 hours
alloBed under the DecemAer 0(st, 0,(0 %rder.
Also, this is a complaint against Hill and his contractor for petty larceny of the ladder from
Coughlin's former law office, admitted to on tape on December 22nd, 2011 by Hill (though the issue
of whether they intended to "permanently deprive" Coughlin of the use and enjoyment thereof may
be grounds for debate, Hill should get to spend the next 12 months defending himself as Coughlin has
from the onslaught of SBN, WCDA, and City of Reno prosecutor investigation...otherwise...gee,
doesn't it kinda being to mind Coughlin's question to RPD Officer Chris Carter, 1r. while Coughlin
was in cuffs during the custodial arrest of November 13th, 2011 when Coughlin asked Officer
Carter: "are you on Richard Hill's payroll too?". Coughlin has 1aith1ull! re"orted on e/actl! Bhat
%11icer CarterFs res"onse Bas, hoBe;er ill>ad;ised a sarcastic res"onse he ma! claim it to ha;e Aeen. 3ill
has 1ailed to 1aith1ull! re"ort on Cust Bhat he meant Bhere he 1iled documents attesting to ha;e 1ound Ga
cracD "i"e and a Aag o1 BeedG, a G;ial o1 some sortG, and Ga large quantit! o1 "illsG and GdrugsG in
CoughlinFs 1ormer home laB o11ice.
)es"ecting CoughlinFs Britten communications to 32llFs o11ice concerning CoughlinFs e/"ress re1usal to
acce"t electronic notice or ser;ice o1 an!thing 1rom 32llFs %11ice, includes the 1olloBing:
Sent: Monday, November 21, 211 !:1 "M
To: cdba#er@richardhilla$.com
Subject: %&: Merli'' v. Coughlin

Ca'ey, couldn(t o)en them, and even i* + could, + don(t con'ent to 'ervice by email o* )leading',
nor by *a,. + have told you that many time'. + $ill *ile a Motion *or -anction' i* you do not cea'e
attem)ting to circumvent the )rocedural )rotection' accorded tenant'. .he only matter *or
$hich + con'ent to having you or your o**ice contact me by email, i' to tell me i* and $hen + can
get my e,igent client/la$ )ractice material'/'tate i''ued identi*ication, etc. + re*u'e to acce)t
'ervice o* )leading' and motion' you $i'h to 'ling through the court' at $ar) ')eed $hile
$ithholding my mail and $allet. Come on0 1our better than thi'0
Zach Coughlin, Esq.
.rom: Eachcoughlin\hotmail.com
-o: "atricDD\n;Aar.org: da;idc\n;Aar.org: n;scclerD\n;courts.n;.go;
6uACect: =2-2<8-2%N 3%=D N%-2CE re;0,((>,,(7,* c;((>,3'0*, ',33( '(3*3
Date: ?on, (+ %ct 0,(0 (7:,3:34 >,7,,
?r. Jing,
-his Briting memorialiEes, in "art, our con;ersation aAout !our
1ailure to in;estigate, in an! real Ba!, the criminal tres"ass
allegations, in ;iolation o1 the ClaiAorne decision. 5"on m!
asDing !ou "ointed questions, !ou hurriedl! 1iled a 6C) (((
$etition in an attem"t to e/cuse !our 1ailure to asD an! o1 the
"ointed questions 2 ha;e "re;iousl! "ut 1orth to !ou regarding that
criminal tres"ass matter, 1urther !ou admitted to Aeing unaBare
allegedl!# o1 the 1amilial relation AetBeen 4udge 7illiam <ardner
and 4udge =inda <ardner des"ite that Aeing quite clear in m!
recent 1ilings to !ou#.
9ou might Bant to looD at 8B00' and the Committee on the 4udiciar! notes 1rom ?arch 3(, 0,((.
-his corres"ondence reminds !ou o1 and 1urther "laces !ou on
notice o1 that the 1act that !ou ha;e Aeen "laced on a
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78)N2N< %) C2-8-2%N. -hen, Carter goes on to attem"t to
o11er his ;ieBs on Gser;iceG, hoBe;er rudimentar! the! ma! Ae.
Aeing care1ul to note to Coughlin G!ouFre not the ;ictim here.G -o
the e/tent that 3ill and ?erliss tres"ass into CoughlinFs 1ormer laB
o11ice on this date, Bith the hel" o1 the )$D, 6oldal ; CooD
Count! has Aeen ;iolated, and Carter and =o"eE ha;e ;iolated
7heeler ; Coss.
8n! E;iction %rder signed A! 4udge 61erraEEa Bas stale in light o1
the 1ailure to ha;e the locDout order ser;ed u"on Coughlin and a
locDout "er1ormed GBithin 04 hoursG o1 the 6heri11Fs recei"t o1 the
%rder o1 Aoth %ct 0+th, 0,(( the sim"le one "age %rder signed A!
4udge 61erraEEa and notated in his oBn handBriting# and or the
%ctoAer 07th, 0,(( .indings o1 .act, Conclusions o1 =aB, and
%rder 1or 6ummar! E;iction# Aoth o1 Bhich Bere recei;ed A! the
7C6% Bell o;er 04 hours 1rom Bhen the locDoutFs Bere
conducted, and there1ore, Aoth such %rders Bere stale, and
there1ore, )ichard <. 3ill, Esq. committed tres"ass u"on
CoughlinFs 1ormer home laB o11ice, threB aBa! a great deal o1
CoughlinFs "ersonalt! some o1 it ;er! sentimental#, and Aoth 3ill
and BaDer ha;e lied re"eatedl! in court 1ilings in indicating that
Coughlin Bas served the 6ummar! E;iction %rder on No;emAer
(st, 0,(( Bere the! also admit that Coughlin Bas not at his 1ormer
home laB o11ice at the time 7C6% De"ut! ?achen "osted it on
the door thereo1 and e11ectuated a locDout and ?achen lied under
oath in his No;emAer 7th, 0,(( 1iled 811ida;it o1 6er;ice attesting
to ha;e G"ersonall! ser;edG Coughlin the 6ummar! E;iction %rder
on No;emAer (st, 0,(( 7C6% Ci;il Di;ision 6u"er;isor
admitted as much to Coughlin in Briting:
N)6 4,.0+3:
+. 5"on noncom"liance Bith the notice:
a# -he landlord or the landlordRs agent ma! a""l! A! a11ida;it o1
com"laint 1or e;iction to the Custice court o1 the toBnshi" in Bhich the
dBelling, a"artment, moAile home or commercial "remises are located or to
the district court o1 the count! in Bhich the dBelling, a"artment, moAile
home or commercial "remises are located, Bhiche;er has Curisdiction o;er
the matter. The court may thereupon issue an order directing the sheriff
or constable of the county to remove the tenant within 24 hours after
receipt of the order. The affidavit must state or contain:
(# -he date the tenanc! commenced.
0# -he amount o1 "eriodic rent reser;ed.
3# -he amounts o1 an! cleaning, securit! or rent de"osits "aid in
ad;ance, in e/cess o1 the 1irst monthRs rent, A! the tenant.
4# -he date the rental "a!ments Aecame delinquent.
+# -he length o1 time the tenant has remained in "ossession Bithout
"a!ing rent.
'# -he amount o1 rent claimed due and delinquent.
7# 8 statement that the Britten notice Bas ser;ed on the tenant in
accordance Bith N)6 4,.0*,.
*# 8 co"! o1 the Britten notice ser;ed on the tenant.
9# 8 co"! o1 the signed Britten rental agreement, i1 an!.
A# E/ce"t Bhen the tenant has timel! 1iled the a11ida;it descriAed in
suAsection 3 and a 1ile>stam"ed co"! o1 it has Aeen recei;ed A! the landlord
or the landlordRs agent, and e/ce"t Bhen the landlord is "rohiAited "ursuant
to N)6 ((*8.4*,, the landlord or the landlordRs agent ma!, in a "eaceaAle
manner, "ro;ide 1or the nonadmittance o1 the tenant to the "remises A!
locDing or otherBise.
.urther Bhere is m! damage de"osit either I+,,, or, arguaAl!
I7,, gi;en the e/tent to Bhich the 6tandard )ental 8greement
a11orded me the choice Bith res"ect to hoB cleaning Bas to Ae
done and the e/tent to Bhich 3ill and BaDer ha;e 1ailed to com"l!
Bith
?r. BaDer, !ou ha;e committed "ro1essional misconduct and 3ill
1iled a grie;ance against me in a letter to the 6BN dated 4anuar!
(4th, 0,(0 "ur"orting to Ae sent on !our Aehal1 in G1ul1illing !our
)$C 3.* oAligationG...sim"! "ut, ?r. BaDer, in !our %""osition to
?%tion to constest $ersonal $ro"ert! =ien in )e;0,((>,,(7,*, on
"age +, !ou lie Bhere !ou Brite GBhen Coughlin re1used to emerge
1rom the Aasement a1ter Aeing ordered to do so A! the "olice,
?erliss Bas 1orced to DicD doBn the door to gain access to his oBn
"ro"ert!G. 9ou DnoB that that is not true. -he )eno $olice
De"artment did not identi1! themsel;es as laB en1orcement or
otherBise issue an laB1ul %rders directing Coughlin to Gemerge
1rom the AasementG. 9ou ha;e demonstrated a lacD o1 candor to
the triAunal in that regard in cons"irac! Bith )ichard 3ill. 2n a
;ideota"ed inter;ieB, )$D 6argent =o"eE admits that neither she
nor %11icer Carter, nor an!one else that da!, identi1ied themsel;es
in an! Ba! to Coughlin in the GAasementG or otherBise issued him
an! sort o1 GBarning to lea;eG or Gorder to emergeG o1 an! sort,
Bhatsoe;er. ?r. BaDer, !ou Bere not e;en there. 9et, !ou ;ieBed
the ;ideo taDen A! )ichard 3ill o1 the moments in question Bhere
the )$D Bere at the Aasement door "rior to Dr. ?erliss DicDing it
doBn, including those moments Bhere Dr. ?erliss is seen in one
;ideo Bhis"ering to )ichard 3ill. 21 there reall! Bas all this
identi1!ing themsel;es as laB en1orcement and issuing Coughlin
an order to emerge Bhich Bent unheeded, then Bh! the
Bhis"eringN 7h! did )ichard 1ail to include the he tooD o1 the
moments Bhere the )$D Bere at the GAasementG door an 1ailed to
identi1! themsel;es or issue an! laB1ul %rdersN 3oB Bould
Coughlin DnoB that an! ;oices that ma! ha;e Aeen audiAle did not
sim"l! Aelong to more o1 the goons 3ill and BaDer routinel! hire
1rom Ne;ada Court 6er;ices to tres"ass Aehind CoughlinFs 1ormer
home laB o11iceFs AacD!ard gate, ;isiting in "airs, threes times a
da!, one ringing the door Aell re"eatedl! 1or 3, minutes at a time,
Bhile the other ). 7ra!, 4oel Durden, and other licensed "rocess
ser;ers# tres"asses Aehind a a latched AacD!ard gate and Aangs on
BindoBs and "eers through closed Alinds Bhile issuing threats
intended to indicate the! are Aeing made A! someone Bith color o1
laB Aehind their Bords, Bhile dressed u" in an out1it s"eci1icall!
intended to con1use the "uAlic into thinDing these "rocess ser;ers
are 6heri11Fs De"utiesN
)egardless, the real 1l! in the ointment is the 1act that )$D 6argent
=o"eE admitted that neither she, nor Carter, nor an!one else
identi1ied themsel;es as laB en1orcement and or issued Coughlin
an order to emerge 1rom the GAasementG. 2ndeed, in 3illFs
Declaration in )E;0,((>,,(7,*, 1iled a scant 7 da!s a1ter the
arrest, 3ill certainl! 1ails to mention an! such alleged moment
Bhere the )$D identi1! themsel;es as laB en1orcement and issue
Coughlin an order to emerge "rior to ?erliss DicDing the door in.
3ill Brites letters to the 6BN accusing Coughlin o1 ha;ing a
GcracD "i"e and Aag o1 BeedG and Glarge quantit! o1 "illsG the
;ideos 3ill tooD that da! re;eal those G"illsG are ;itamins,
something 3ill 1ails to clari1! Bith the 6BN, and 3ill ne;er has
"ro;ided an! sort o1 indication o1 Bhat the GcracD "i"e and Aag o1
BeedG looDed liDe e/actl!, nor has he res"onded to requests 1or
"hotogra"hs thereo1, or made indication Bh! he did not call the
"olice, gi;en the 1act that he has in;ol;ed laB en1orcement at
e;er! other "ossiAle turn.
3ill and BaDer ha;e continued to 1ail to deli;er CoughlinFs securit!
de"osit, and in doing so, Bhere the! 1ailed to "ro;ide the requisite
corres"ondence Bithin 3, da!s o1 an! such e;iction, ha;e ;iolated
Ne;ada laB:
NRS 118A.242 Security: Limitation on amount or value; surety bond in lieu of security; duties and
liability of landlord; damages; disputing itemized accounting of security; prohibited provisions.
(. -he landlord ma! not demand or recei;e securit! or a suret! Aond, or a comAination thereo1,
including the last monthRs rent, Bhose total amount or ;alue e/ceeds 3 monthsR "eriodic rent.
0. 2n lieu o1 "a!ing all or "art o1 the securit! required A! the landlord, a tenant ma!, i1 the landlord
consents, "urchase a suret! Aond to secure the tenantRs oAligation to the landlord under the rental agreement
to:
a# )emed! an! de1ault o1 the tenant in the "a!ment o1 rent.
A# )e"air damages to the "remises other than normal Bear and tear.
c# Clean the dBelling unit.
3. -he landlord:
a# 2s not required to acce"t a suret! Aond "urchased A! the tenant in lieu o1 "a!ing all or "art o1 the
securit!: and
A# ?a! not require a tenant to "urchase a securit! Aond in lieu o1 "a!ing all or "art o1 the securit!.
4. 5"on termination o1 the tenanc! A! either "art! 1or an! reason, the landlord ma! claim o1 the
securit! or suret! Aond, or a comAination thereo1, onl! such amounts as are reasonaAl! necessar! to remed!
an! de1ault o1 the tenant in the "a!ment o1 rent, to re"air damages to the "remises caused A! the tenant
other than normal Bear and to "a! the reasonaAle costs o1 cleaning the "remises. -he landlord shall "ro;ide
the tenant Bith an itemiEed Britten accounting o1 the dis"osition o1 the securit! or suret! Aond, or a
comAination thereo1, and return an! remaining "ortion o1 the securit! to the tenant no later than 3, da!s
a1ter the termination o1 the tenanc! A! handing it to the tenant "ersonall! at the "lace Bhere the rent is "aid,
or A! mailing it to the tenant at the tenantRs "resent address or, i1 that address is unDnoBn, at the tenantRs
last DnoBn address.
+. 21 a tenant dis"utes an item contained in an itemiEed Britten accounting recei;ed 1rom a landlord
"ursuant to suAsection 4, the tenant ma! send a Britten res"onse dis"uting the item to the suret!. 21 the
tenant sends the Britten res"onse Bithin 3, da!s a1ter recei;ing the itemiEed Britten accounting, the suret!
shall not re"ort the claim o1 the landlord to a credit re"orting agenc! unless the suret! oAtains a Cudgment
against the tenant.
'. 21 the landlord 1ails or re1uses to return the remainder o1 a securit! de"osit Bithin 3, da!s a1ter the
end o1 a tenanc!, the landlord is liaAle to the tenant 1or damages:
a# 2n an amount equal to the entire de"osit: and
A# .or a sum to Ae 1i/ed A! the court o1 not more than the amount o1 the entire de"osit.
7. 2n determining the sum, i1 an!, to Ae aBarded under "aragra"h A# o1 suAsection ', the court shall
consider:
a# 7hether the landlord acted in good 1aith:
A# -he course o1 conduct AetBeen the landlord and the tenant: and
c# -he degree o1 harm to the tenant caused A! the landlordRs conduct.
NRS 118A.360 Failure of landlord to comply with rental agreement or maintain dwelling unit in
habitable condition where cost of compliance less than specified amount.
(. 21 the landlord 1ails to com"l! Bith the rental agreement or his or her oAligation to maintain the
dBelling unit in a haAitaAle condition as required A! this cha"ter, and the reasonaAle cost o1 com"liance or
re"air is less than I(,, or an amount equal to one monthRs "eriodic rent, Bhiche;er amount is greater, the
tenant ma! reco;er damages 1or the Areach or noti1! the landlord o1 the tenantRs intention to correct the
condition at the landlordRs e/"ense. 21 the landlord 1ails to use his or her Aest e11orts to com"l! Bithin (4
da!s a1ter Aeing noti1ied A! the tenant in Briting or more "rom"tl! i1 conditions require in case o1
emergenc!, the tenant ma! cause the BorD to Ae done in a BorDmanliDe manner and a1ter suAmitting to the
landlord an itemiEed statement, the tenant ma! deduct 1rom his or her rent the actual and reasonaAle cost or
the 1air or reasonaAle ;alue o1 the BorD, not e/ceeding the amount s"eci1ied in this suAsection.
0. -he landlord ma! s"eci1! in the rental agreement or otherBise that BorD done under this section
and N)6 ((*8.3*,must Ae "er1ormed A! a named "erson or 1irm or class o1 "ersons or 1irms quali1ied to
do the BorD and the tenant must com"l! Bith the s"eci1ications. 21 the "erson quali1ied to do the BorD is
una;ailaAle or unaAle to "er1orm the re"airs the tenant shall use another quali1ied "erson Bho "er1orms
re"airs.
3. 8 tenant ma! not re"air at the landlordRs e/"ense i1 the condition Bas caused A! the deliAerate or
negligent act or omission o1 the tenant, a memAer o1 the tenantRs household or other "erson on the "remises
Bith his or her consent.
4. -he landlordRs liaAilit! under this section is limited to I(,, or an amount equal to one monthRs
"eriodic rent, Bhiche;er amount is greater, Bithin an! (0>month "eriod.
+. 8 tenant ma! not "roceed under this section unless the tenant has gi;en notice to the landlord that the
dBelling is not in a haAitaAle condition as required A! this cha"ter.
NRS 118A.355 Failure of landlord to maintain dwelling unit in habitable condition.
1. &,ce)t a' other$i'e )rovided in thi' cha)ter, i* a landlord *ail' to maintain a d$elling unit
in a habitable condition a' re2uired by thi' cha)ter, the tenant 'hall deliver a $ritten notice to
the landlord ')eci*ying each *ailure by the landlord to maintain the d$elling unit in a habitable
condition and re2ue'ting that the landlord remedy the *ailure'. +* a *ailure i' remediable and the
landlord ade2uately remedie' the *ailure or u'e' hi' or her be't e**ort' to remedy the *ailure
$ithin 1! day' a*ter recei)t o* the notice, the tenant may not )roceed under thi' 'ection. +* the
landlord *ail' to remedy a material *ailure to maintain the d$elling unit in a habitable condition or
to ma#e a rea'onable e**ort to do 'o $ithin the )re'cribed time, the tenant may:
3a4 .erminate the rental agreement immediately.
3b4 %ecover actual damage'.
3c4 5))ly to the court *or 'uch relie* a' the court deem' )ro)er under the circum'tance'.
3d4 6ithhold any rent that become' due $ithout incurring late *ee', charge' *or notice or any
other charge or *ee authorized by thi' cha)ter or the rental agreement until the landlord ha'
remedied, or ha' attem)ted in good *aith to remedy, the *ailure.
2. .he tenant may not )roceed under thi' 'ection:
3a4 7or a condition cau'ed by the tenant8' o$n deliberate or negligent act or omi''ion or that
o* a member o* hi' or her hou'ehold or other )er'on on the )remi'e' $ith hi' or her con'ent9 or
3b4 +* the landlord8' inability to ade2uately remedy the *ailure or u'e hi' or her be't e**ort' to
remedy the *ailure $ithin 1! day' i' due to the tenant8' re*u'al to allo$ la$*ul acce'' to the
d$elling unit a' re2uired by the rental agreement or thi' cha)ter.
:. +* the rental agreement i' terminated, the landlord 'hall return all )re)aid rent and 'ecurity
recoverable by the tenant under thi' cha)ter.
!. 5 tenant may not )roceed under thi' 'ection unle'' the tenant ha' given notice a' re2uired
by 'ub'ection 1, e,ce)t that the tenant may, $ithout giving that notice:
3a4 %ecover damage' under )aragra)h 3b4 o* 'ub'ection 1 i* the landlord:
314 5dmit' to the court that the landlord had #no$ledge o* the condition con'tituting the
*ailure to maintain the d$elling in a habitable condition9 or
324 ;a' received $ritten notice o* that condition *rom a governmental agency authorized to
in')ect *or violation' o* building, hou'ing or health code'.
3b4 6ithhold rent under )aragra)h 3d4 o* 'ub'ection 1 i* the landlord:
314 ;a' received $ritten notice o* the condition con'tituting the *ailure to maintain the
d$elling in a habitable condition *rom a governmental agency authorized to in')ect *or violation'
o* building, hou'ing or health code'9 and
324 7ail' to remedy or attem)t in good *aith to remedy the *ailure $ithin the time
)re'cribed in the $ritten notice o* that condition *rom the governmental agency.
5. u!tice court! !hall e!tabli!h b" local rule a mechani!m b" which tenant! ma"
de#o!it rent withheld under #aragra#h $d% of !ub!ection 1 into an e!crow account
maintained or a##ro&ed b" the court. A tenant doe! not ha&e a defen!e to an e&iction
under #aragra#h $d% of !ub!ection 1 unle!! the tenant ha! de#o!ited the withheld
rent into an e!crow account #ur!uant to thi! !ub!ection.
?rFs. BaDer and 32ll, Bould !ou not sa! it more accurate to characteriEe the situation in re;0,((>
,,(7,* as one 1itting under the N)6 ((*8.3++ heading, "articular! Bhere the )4C, at the time o1 that
summar! e;iction G-rialG had, according to 4udge 61erraEEa, no Glocal ruleG or Gmechanism A! Bhich
tenants ma! de"osit rent Bithheld under "aragra"h...G and ther1ore acDnoBledging the Arilliance in
CoughlinFs 4C)=V )ule 44 corollar! in the )4C argumentN Certainl!, under the N)6 ((*8.3++ anal!sis,
a1ter one stri"s aBa! the agreed to I3+, 1or Beeds maintenance Bhich Dind o1 amounts to a Bai;er o1 term
in the 6tandard )ental 8greement that 4udge 61erraEEa inter"rets to require such GcareG o1 the GlaBn and
surrounding groundsG Bhich, to the Court, a""arentl!, included GBeedsG#, doesnFt itN#, and the agreed u"on
credit 1or 1i/ing the stairs, Bell, then, and other amounts 1it quite nicel! into the G1i/ and deductG a""roach
set 1orth in N)6 ((*8.3',. But, regardless, !ou "roceeded under a No Cause E;iction Aasis, Aut against a
commercial tenant, a 1act !ou are stucD Bith, as the -enantFs 8nsBer, numerous "hone calls to BaDer, and
man!, man! instances throughout the 1ilings in that matter maDe clear thta this Bas CoughlinFs home laB
o11ice, a commercial lease Bhich the 6tandard )ental 8greement s"eci1icall! alloBs 1or. 8nd taDe a looD
at that 0,,* 7inchell ; 6chi11 sea1ood Ausiness goes under Aecause o1 Brong1ul e;iction case Bherein
damages accounting 1or the loss o1 oneFs entire Ausiness and Bhat is a "atent attorne!Fs Ausiness Borth, do
!ou thinD, Dr. ?erlissN# are alloBaAle under Ne;ada laB. $lease remit I4+,,,,, to me Bithin 7 da!s o1
this email Aeing sent to !ou in satis1action o1 this dis"ute against !ou, Dr. ?erliss. )ichard and Case!, 2
Bill deal Bith !ou later, Aut !our liaAilit! is on "ar Bith Dr. ?erlissFs, no douAt, and that is Ae1ore the
.DC$8 stu11 and the 1act that !our o11ice is not licensed as a Aill collector.G
This incident has been reported to the
Reno Police Department
and is pending approval
)eno $olice De"artment
4++ E. 0nd 6treet
)eno, NV *9+,0
77+>334>0(7+
<eneral 2n1ormation
2ncident -!"e 3arassment
-em"orar! )e"ort NumAer -((,,+9+'
)e"ort Date ,9H,7H0,(( ,9:3' $?
)e"orting $erson 2n1ormation
Name cuoghlin, Each
3ome 8ddress (0( ri;er rocD 6treet, )eno, NV *9+,(, 56
3ome $hone 77+>33*>*((*
Email Eachcoughlin\hotmail.com
)ace 5nDnoBn
6e/ ?ale
D%B ,9H,(H(977
2ncident 2n1ormation
2ncident =ocation ( North center 6treet, )eno, NV *9+,(
2ncident -ime start# ,9H,0H0,(( ,9:(+ $?
2ncident -ime end# ,9H,0H0,(( ,9:++ $?
=ocation -!"e Vacant, Em"t! =ot
2ncident Descri"tion
2 Bas Aattered A! %11icer NicD Duralde on *H0,H(( at a""ro/
((:3,"m. 3e touched m! "enis, Aare sDins on his hands se;eral
1ingers touched m! "enis during his 62-8. Duralde also slammed m!
head doBn into the to" o1 the trunD o1 his "olice car.
2 Bas arrested that night, hoBe;er, %11icer Duralde re1used to arrest
an! o1 the 3 indi;iduals Bho assaulted and Aattered me on the Aridge
leading to the 6iena, 1urther he re1used to collect identities o1 the
other 0 main assailants in addition to one, Cor! <oAle. -hese !oung
men tried to steal m! AiDe and m! dog and one attem"ted to reach
into m! shortFs "ocDet and taDe something. -he acted in the conte/t
o1 a moA o1 !oung sDater !outh surrounding me on the Aridge and
AacDing me u" ;er! near the oncoming one Ba! tra11ic and re1used
m! "lease to let me mo;e Bith them AacD to the sa1er sDate "laEe,
considering m! dog, AiDe, and the oncomign tra11ic, and their moA
liDe Aeha;iour. -here Bere a""ro/imatel! 0, sDater !ouths
surrounding me until %11icer Duralde shoBed u" and started u" Bith
his "enis touching and rights tram"ling act. )oA DaBson Bas Bith
one o1 these main assailants on 9H0H(( 1or Bhich Durio and Barnes
cite )((047(3,0
on 9H0H(( 2 Bas assaulted and Aattered A! a his"anic Boman, a""ro/.
0, !o, Bhom %11icer Barnes inter;ieBed, a1ter 2 called 9(( Bhen 2
again came across her on the street at ( N. Center 6t. sDate "laEe.
Barnes admitted to me that the assailant admitted 1licDing m!
AaseAall ca" o11 m! head. Barnes admitted that he 1ailed to asD the
assailant i1 she hit me in the AacD o1 m! head as 2 Bas retreating 1rom
her onslaught o1 ;erAal threats and aggresi;e gesticulations. Barnes
said Gno, 2 didnFt asD her, it doesnFt matter an!Ba!sG. .urther, also in
the same sDate "laEe on 9H0H(( )oA DaBson, 0, o1 )eno made ;erAal
threats to me and assaulted me Bith a deadl! Bea"on, a sDate Aoard
cocDed AacD and checD sBung ;er! hard 0 1eet 1rom me re"eatedl!. 2
Cum"ed AacD se;eral 1eet re"eatedl!.
$erson 2n1ormation
No 1
Name Cuoghlin, Zach
Em"lo!er Name Eachcoughlin\hotmail.com
3ome 8ddress (0( ri;er rocD 6treet, reno, NV *9+,(, 56
3ome $hone 77+>33*>*((*
$rint -his )e"ort
Close 7indoB
--Forwarded Message Attachment--
This incident has been reported to the
Reno Police Department
and is pending approval
)eno $olice De"artment
4++ E. 0nd 6treet
)eno, NV *9+,0
77+>334>0(7+
<eneral 2n1ormation
2ncident -!"e )esidential Burglar!
-racDing NumAer -(0,,,0(9
)e"ort Date ,(H,*H0,(0 ,(:3+ 8?
)e"orting $erson 2n1ormation
Name Coughlin, Zach
3ome 8ddress (400 East 9th 6treet, 0, )eno, NV *9+(0, 56
3ome $hone 77+>009>'737
Em"lo!er Name Zach Coughlin, Esq.
7orD 8ddress (0( )i;er )ocD 6treet, reno, NV *9+,(, 56
7orD $hone 77+>33*>*((*
)ace 5nDnoBn
6e/ ?ale
D%B ,9H,(H(97'
2ncident 2n1ormation
2ncident =ocation (0( ri;er rocD 6treet, )eno, NV *9+,(
2ncident -ime start# (0H(0H0,(( ,(:0+ 8?
2ncident -ime end# ,(H,*H0,(0 ,(:0+ 8?
=ocation -!"e )etail 6tore
?ethod o1 Entr! 5nDnoBn
2ncident Descri"tion i also Bant to re"ort a -res"ass A! 4oel Durden, "rocess ser;er 1or
Ne;ada Court 6er;ices on or aAout %ctoAer 0,th, 0,((. ?r. Durden
and an associate 1rom Ne;ada Court 6er;ices assaulted m! laB
"ractice and tres"assed Aehind the AacD gate into the AacD !ard to
Aang on AacD room BindoBs. 9ou gu!s 1elt it necessar! to do a
custodial arrest on me 1or tres"ass, Bell, hoB aAout 1or themN 6ee
attached "leading. Case! BaDer, Esq. re"orted the Aurglar! o1 a""ro/
(0 (0 (( to me in an email on (0 (4 ((, see attached "leading.
8lso, richard hill, esq. Bithheld m! 6tate o1 Ne;ada dri;erFs license
1rom No;emAer (+th, 0,(( to No;emAer 00nd 0,(( and contriAuted
to the 1alse arrest against me 1or tres"ass 1rom No;emAer (0, 0,((,
l!ing to %11icer Carter and =o"eE aAout Bhether his o11ice had sent
me a Aill 1or the 1ull rental ;alue o1 the "ro"ert! 1or No;emAer 0,((.
%11icer Carter indicated that )ichard 3ill, Esq. "a!s him a lot o1
mone! and there1ore, %11icer Carter arrests Bho )ichard 32ll sa!s to
and does Bhat )ichard 3ill tells him to do.
8lso, 2 Bas arrested on 8ugust 0,th, 0,((, Brong1ull! and am
hereA! com"laining o1 the lies Nate Zarate told, %11icer Duralde
touching m! "enis and conducting an im"ermissiAle search "rior to a
search incident to arrest, %11icer )osa attem"ting to e/tort a consent
to an im"ermissiAle search A! threatening to de1ame me to the 6tate
Bar o1 Ne;ada, etc. etc.
$ro"ert! 2n1ormation
No 1
-!"e CameraH$hoto Equi"ment
6uAt!"e 8uto 7inder .or Camera
3oB ?an! 0(
?arDet Value I# *,,,.,,
$ro"ert! Descri"tion "lease see attachments 1or detailes
CONCLUSION
-he undersigned hereA! request this Court consider these materials "resented
herein in deciding u"on this matter.
AFFIRMATION AND DECLARATION
I declare, pursuant to NRS 53.045, under penalty of perjury under the laws
of the State of Nevada that the information contained herein is true and correct to
the best of my knowledge (though some assertions are made upon information and
belief) and that this document does not contain any social security numbers,
pursuant to NRS 239B.030, an affirmation to that effect this hereby is.
D8-ED this %ctoAer ('th, 0,(0:
YHsH Zach Coughlin
Zach Coughlin, Esq.
De1endantH Co>Counsel 1or Coughlin
$)%%. %. 6E)V2CE
%n this date, 2 caused a co"! o1 the 1oregoing document s to Ae ser;ed u"on the
1olloBing A! sending to their registered email address and 1a/ numAer as 1ound on
BBB.n;Aar.org, and or hand deli;er! to dro"slot or 1ront desD and or A! "lacing a true
and correct co"! o1 the 1oregoing document in the 5.6. mail addressed to:
Zachar! N. 9oung, Esq.
7ashoe Count! D8
( 6outh 6ierra $.%. Bo/ 3,,*3
)eno , NV *9+0,
$hone NumAer: 77+>30*>30,, .a/ numAer: 77+>30+>'7,3
Email: E!oung\da.Bashoecount!.us
4im =elsie, Esq.
7ashoe Count! $uAlic De1enderFs %11ice
$.%. Bo/ 3,,*3 )eno , NV *9+,9
$hone NumAer: 77+>337>4*'* .a/ numAer: 77+>337>4*+'
Email: Cleslie\Bashoecount!.us
D8-ED this %ctoAer ('th, 0,(0:
HsH Zach Coughlin
Zach Coughlin, Esq.
De1endantH Co>Counsel 1or Coughlin
BEHO Ba
D

)
BRIEF;
AUTHORITIE
To: 7c3f27e9-fcc8-467 a-8eOf-7eaSS9b From: zachcough11n
8-29-12 5:17am p. 2 of JJ
Document COic:
Za(h Coughlin.Esq.
NV Bar No: 9473 (urrently suspended)
PO BOX 3961 .
Reno, NV 99505
FILED
2012 AUG 29 AM 8: 16
STEVE TrLE
. Tel: 775 338 8118
Fax: 949 6677402
'.'
Co-counsd for Dctndant Coughlin
'7

lC
11
IN THE JUSTICE COURT OF RENO TOW NSHIP
IN FOR THE COCNTY OF WASHOE, STATE OF NEVADA
STATE OF NEV ADA;
Plaintitf
vs.
)
)
)
) CASE NO: RCR2011-063341
)
13 ZACHARY COUGIILIN:
) DEPT. NO: 2
)
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)
Deiendant.
)
PRE-TRIAL MOTION IiOR SUMMARY .JUDGMENT
COMES NOW, ZACH COUGHLIN, ESQ., and files the above titled document on his own
behalf and it is based on the argument and authorities herein.
POINTS AND
In Nevada. its is very important to consider whether the requisite intent wa there at the tim.
of the alleged act constituting thef. In this case. clealy. that it was not possible for such int.nt to be
present at the time of the "taking". Intent of fuder: Every taking by one person of the personal
property of another without his consent is not larceny: and this although it is taken without right or claim
of right. Superadded to this there must be a felonious intent, without whieh there can be no crme. To
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PR-TRA BREF: MOTON FOR SU\RY JUDl.INT
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render the 2inder o2 lost goods guilt! o2 larcen! an intent to con<ert them aAsolutel! to his oBn use must
coe/ist Bith the act o2 2inding. 32 such intent does not e/ist at the time o2 the 2inding, Aut, instead, the
2inder intends to restore the "ro"ert! to the oBner, a suAsequent concealment, or 2raudulent a""ro"riation,
does not constitute larcen!. Ne<ada: State v. Cliffo!" #$ Nev. %&, '' A(. Re). *&+ #,%-# .
DnoBs nor has an! immediate means o2 ascertaining the oBner, and a""ro"riates them to his oBn
use, he is not guilt! o2 larcen!, Bhate<er ma! Ae his intent at the time. 32 he does DnoB, or has the
immediate means o2 ascertaining, Bho the oBner is, there must Ae a 2elonious intent to steal at the
time o2 the taDing in order to constitute larcen!; and a suAsequentl! 2ormed intent is not su22icient.
BreBer <. 7tate, 93 9rD. 479, 3, >.).9. N.7.# 339, (0+ 7.8. (07 (9(,#.
EnoBledge or notice as to oBner =enerall!. -he other element o2 the o22ense, in addition to
the intent to taDe com"lete and e/clusi<e dominion o<er the goods 2ound, relates to DnoBledge or
notice as to the oBner. 32 the 2inder, at the time o2 2inding, does not DnoB Bho is the oBner o2 the
"ro"ert!, and there are no marDs thereon, or other circumstances A! Bhich the oBner ma! Ae
disco<ered, the a""ro"riation to the 2inderFs use does not amount to larcen! disco<er the oBner. 7o, it
is not larcen! to a""ro"riate "ro"ert! Bhich one 2inds on a highBa! Bith no marDs to shoB Bho the
oBner is. -!ler <. $eo"le 3ll.# su"ra; >ane <. $eo"le (*4*# (, 3ll. 3,+. 9 man, DnoBing the oBner
o2 goods, cannot laB2ull! "icD them u" Bithout returning them to him; Aut a man, not DnoBing the
oBner, can. -he doctrine, there2ore, is that i2, Bhen one taDes goods into his hands, he sees aAout
them an! marDs, or otherBise learns an! 2acts, A! Bhich he DnoBs Bho the oBner is, !et Bith
2elonious intent a""ro"riates them to his oBn use, he is guilt! o2 larcen!; otherBise not. 7ome o2 the
cases sa! i2 he DnoBs Bho the oBner is, or has the means o2 ascertaining; Aut the Aetter 2orm o2 the
doctrine is as Gust set doBn, Aecause e<er! man, A! ad<ertising and inquiring, can 2ind the oBner i2
he is to Ae 2ound, BreBer <. 7tate 9rD.# su"ra. -he court said in )andal <. 7tate ?iss.# su"ra, that
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$)E1-)39> B)3E.; ?%-3%N .%) 76??9): 56D=?EN-
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Cit is a settled "rinci"le o2 laB that i2 one lose his goods, and another 2ind them and con<ert them to
his oBn use, not DnoBing the oBner, this is no larcen!.C 7imilarl! it Bas said in 8ol2ington <. 7tate
3nd.# su"ra, that Ci2 the 2inder does not DnoB, and has not, at the time o2 taDing "ossession o2 the
goods, the means o2 then DnoBing the oBner, the case is one o2 tro<er and con<ersion, and not o2
larcen!.C -he mere 2act o2 a "ersonFs con<erting to his oBn use goods 2ound A! him, regardless o2 the
attending circumstances, does not, as a matter o2 laB, maDe him guilt! o2 the2t. )eg. <. 7la<in N. B.#
su"ra. Con<ersel!, i2, at the time o2 the taDing, the taDer DnoBs or has means o2 disco<ering the
oBner, it is his legal and moral dut! to hold and restore the goods to him; and i2, under such
circumstances, he aAsolutel! a""ro"riates them to his oBn use, e/cluding the dominion o2 the oBner,
it is larcen!. Neva!a. 7tate <. Cli22ord, (4 Ne<. 70, 33 9m. )e". +0' (*79#.
COUNT ONE.
8CC +3.(', $etit larcen!:
CDe2inition; "unishment. E<er! "erson Bho:
(. Steal/, ta0e/ and 1aie/, lea!/ or !ive/ a2a3 the )e/o4al 5oo!/
or )o)et3 o2 a4ot6e, under the <alue o2 H0+,...
commits "etit larcen! and is guilt! o2 a misdemeanor.C
-he rule that the 2inder o2 "ro"ert! so marDed that the oBner can Ae ascertained is guilt! o2
larcen! i2 he con<erts it to his oBn use a""lied in case o2 a Aar o2 Aullion lost 2rom a stagecoach.
7tate <. Cli22ord, (4 Ne<. 70 Ne<.,(*79#.
DD9 :oung chose to charge Coughlin Bith the "etit larcen! code section 2ound in the
8ashoe Count! Code. 4e did that 2or a reason. 3ts easier to a get a con<iction under 8CC +3.(',
o2 "etit larcen!, gi<en the 2act that CintentC is not an element in 8CC +3.(',, Bhile it is a required
element o2 the N)7 <ersion o2 "etit! larcen! in N)7 N)7 0,+.04, Bhich is too Aad, Aecause N)7
0,+.,*30 Bould ha<e hel"ed DD9 :oung get the language he needs to attem"t to maDe Clost,
mislaid or aAandondedC "ro"ert! a suAGect o2 "etit larcen!. 4oBe<er, DD9 :oung must taDe the
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$)E1-)39> B)3E.; ?%-3%N .%) 76??9): 56D=?EN-
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good Bith the Aad. -he good aAout 8CC +3.(',: he doesnFt need to "ro<e Coughlin had the intent
to steal. -he Bad: there is nothing in the 8CC that accom"lished Bhat N)7 0,+.,*30d# does 2or
the N)7 ie, de2ines the2t to include situations Bhere one,, under N)7 0,+.,*30d# : CComes into
control o2 lost, mislaid or misdeli<ered "ro"ert! o2 another "erson under circumstances "ro<iding
means o2 inquir! as to the true oBner and a""ro"riates that "ro"ert! to his or her oBn use or that o2
another "erson Bithout reasonaAle e22orts to noti2! the true oBner.C#. Goo! 2it6 t6e 7a!. Too
7a! fo DDA Yo845" 6e i/ /t810 2it6 9CC *'.#+: a4! t6e 9CC i/ 5e4eal 7e1a8/e t6at i/
26at 6e )8t i4 6i/ Co()lai4t a4! A(e4!e! Co()lai4t" a4! t6e 9CC !oe/ 4ot !efi4e ;t6eft;
t6e /a(e 2a3 t6at t6e NRS !oe/ 84!e NRS &:*.:,'&<!=. 3t Bould sim"l! Ae "reGudicial to
alloB DD9 :oung to "icD and choose Aits o2 codes and laBs here and there and maDe a "astiche
Bith Bhich to charge and "rosecute 2rom.
7ee, N)7 0,+.04,, has an CintentC com"onent to it: N)7 0,+.04,:
C$etit larcen!; "enalt!. (. E/ce"t as otherBise "ro<ided in N)7 0,+.00,,
0,+.00', 0,+.00* and 47+.(,+, a "erson commits "etit larcen! i2 the "erson: a#
I4te4tio4all3 steals, taDes and carries aBa!, leads aBa! or dri<es aBa!: (#
$ersonal goods or "ro"ert!, Bith a <alue o2 less than H'+,, oBned A! another
"erson;
9nd this is the section DD9 :oung Bould "roAaAl! liDe to see gra2ted onto the 8CC to
maDe it so he could charge 8CC +3.(', getting around the intent element# Bhile also ha<ing the
aAilit! to de2ine Cthe2tC or Clarcen!C to include situations Bhere one CComes into control o2 lost,
mislaid or misdeli<ered "ro"ert! o2 another "erson under circumstances "ro<iding means o2 inquir!
as to the true oBner and a""ro"riates that "ro"ert! to his or her oBn use or that o2 another "erson
Bithout reasonaAle e22orts to noti2! the true oBnerC:
N)7 0,+.,*30 9ctions Bhich constitute the2t.
C(. E/ce"t as otherBise "ro<ided in suAsection 0, a "erson commits the2t i2,
Bithout laB2ul authorit!, the "erson DnoBingl!:...
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d# Comes into control o2 lost, mislaid or misdeli<ered "ro"ert! o2 another "erson
under circumstances "ro<iding means o2 inquir! as to the true oBner and
a""ro"riates that "ro"ert! to his or her oBn use or that o2 another "erson Bithout
reasonaAle e22orts to noti2! the true oBner.C
Cetai4t3 a4! )ati18lait3--I4 5e4eal: Crime must Ae charged in indictment Bith
)e1i/io4 a4! 1etai4t3 a4! eve3 i45e!ie4t of 26i16 it i/ 1o()o/e! (8/t 7e a118atel3 a4!
1leal3 alle5e!. %rnelas <. 6nited 7tates, (9+', 03' ..0d 390.
I4!i1t(e4t A4! I4fo(atio411 3n2ormation alleging that the de2endant aided and aAetted
2our murders needed to /)e1if3 6o2 6e !i! /o. E<ans <. 7tate, 0,,(, 0* $.3d 49*, ((7 Ne<. ',9,
rehearing denied. 9n i4!efi4ite i4!i1t(e4t !e)ive/ !efe4!a4t of 4oti1e o2 "articular act
alleged to ha<e Aeen committed A! accused and !e)ive/ !efe4!a4t of 6i/ a7ilit3 to !efe4!
)o)el3 a5ai4/t a118/atio4, and there2ore inde2inite indictment !e4ie/ !efe4!a4t 6i/
f84!a(e4tal i56t/. 6.7.C.9. Const.9mends. +, (4. 8right <. 7tate, (9*+, 7,( $.0d 743, (,(
Ne<. 0'9.
P8)o/e of e>8ie(e4t" 1etai4t3 a4! )ati18lait311 $rinci"al "ur"ose o2 indictment is
to )ovi!e !efe4!a4t 2it6 !e/1i)tio4 of 16a5e/ a5ai4/t 6i( i4 /8ffi1ie4t !etail to e4a7le
6i( to )e)ae !efe4/e and "lead douAle Geo"ard! in later "rosecution; hoBe<er, indictment is
not constitutionall! de2ecti<e i2 it states elements o2 o22ense charged Bith /8ffi1ie4t 1lait3 to
a))i/e !efe4!a4t of 26at to !efe4! a5ai4/t. 6.7.C.9. Const.9mend. Ne<ius <. 7umner, (9**,
*+0 ..0d 4'3. 9ccusation must include such a descri"tion o2 the acts alleged to ha<e Aeen
committed as Bill enaAle the accused to de2end against the accusation. N.).7. (73.,7+, suAd. (.
7heri22, ClarD Count! <. BlasDo, (9*0, '47 $.0d 37(, 9* Ne<. 307. Ge4eall3" a4 i4fo(atio4
26i16 16a5e/ a4 offe4/e /olel3 i4 te(/ of 1o41l8/o3 la458a5e !oe/ 4ot )ovi!e a!e>8ate
4oti1e of t6e 16a5e/ to a118/e! a4! t6eefoe !oe/ 4ot /tate a )87li1 offe4/e. >emAeres <.
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7tate, (9*(, '34 $.0d (0(9, 97 Ne<. 490. 3n the in2ormation, the "rosecution is required to maDe a
de2inite statement o2 2acts constituting the o22ense in order adequatel! to noti2! the accused o2 the
charges and to "re<ent the "rosecution 2rom circum<enting the notice requirement A! changing
theories o2 the case. N.).7. (73.,(+, (73.,7+, suAd. (. 7heri22, ClarD Count! <. >e<inson, (979,
+9' $.0d 030, 9+ Ne<. 43'. 3ndictments Bhich set out statements o2 acts constituting the o22enses
in such a manner as to in2orm the accused Bith reasonaAle certaint! o2 the s"eci2ic o22ense Bith
Bhich he is charged are su22icient. 7tate <. Benigas, (979, +94 $.0d 704, 9+ Ne<. 3+*. 9ccused
has right to Ae in2ormed o2 nature and cause o2 accusation against him and must Ae a22orded a
reasonaAle o""ortunit! to oAtain Bitnesses in his 2a<or. Zessman <. 7tate, (97*, +73 $.0d ((74, 94
Ne<. 0*.
*: A(. J8. &! La1e43 ? *,. A7a4!o4e!" lo/t" o (i/lai! )o)et!:
?ost modern authorit! holds that larcen! ma! Ae committed Bhen a "erson 2inds
and retains an oBnerFs lost "ro"ert!,I(J so long as it Bas the 2inderFs intent to
de"ri<e the oBner o2 the "ro"ert!.I0J -o estaAlish the o22ense o2 the2t o2 lost or
mislaid "ro"ert!, the state must "ro<e: (# that the "ro"ert! Bas lost or mislaid,
0# that the de2endant DneB or learned the oBnerFs identit! or learned o2 a
reasonaAle method o2 identi2!ing the oBner, and +, 9m. 5ur. 0d >arcen! K +* 3#
that the de2endant 2ailed to taDe reasonaAle measures to return the "ro"ert!.I3J
8hen one acquires lost "ro"ert! Bhich he or she DnoBs to ha<e Aeen lost or
mislaid and does not taDe reasonaAle measures to return it to its oBner, the
acquirer commits larcen! i2 his or her intent is to dis"ose o2 the "ro"ert! 2or the
acquirerFs oBn Aene2it or that o2 another "erson.I 4J -aDing or Bithholding o2
such "ro"ert! is not Brong2ul unless the 2inder 2ailed to taDe reasonaAle measures
to return the "ro"ert! to its true oBner.I+J -here is authorit! that there can Ae no
con<iction 2or the o22ense o2 the2t o2 lost or mislaid "ro"ert! Bithout su22icient
e<idence that the "ro"ert! Bas actuall! lost or mislaid.I'J %ther authorit! states
that, Ae2ore larcen! o2 such "ro"ert! ma! Ae charged, there must Ae e<idence that
the oBner still claims a right or interest in the "ro"ert!.I7J A7a4!o4e! )o)et3
i/ 4ot t6e /87@e1t of la1e43"I9J Aecause "ro"ert! that has Aeen <oluntaril!
aAandoned A! the oBner Aecomes suAGect to a""ro"riation A! the 2irst taDer or
2inder, Bho acquires it aAsolutel!.I(,J -he ?odel $enal Code "ro<ides that a
"erson Bho comes into control o2 "ro"ert! o2 another DnoBing it to ha<e Aeen
lost, mislaid, or deli<ered under a mistaDe as to the nature or amount o2 the
"ro"ert! or the identit! o2 the reci"ient is guilt! o2 the2t i2, Bith a "ur"ose to
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de"ri<e the oBner o2 it, the "erson 2ails to taDe reasonaAle measures to restore the
"ro"ert! to the one entitled to ha<e it.I((J
I.N(J >ong <. 7tate, 33 9la. 9"". 334, 33 7o. 0d 3*0 (94*#; Calhoun <. 7tate,
(9( ?iss. *0, 0 7o. 0d *,0 (94(#; 7tate <. Eau2man, 3(, N.8.0d 7,9 N.D.
(9*(#; 7tate <. ?acD, 3( %r. 9"". +9, +'9 $.0d '04 (977#; 7tate <. 5im, (3 %r.
9"". 0,(, +,* $.0d 4'0 (973#. 9s to stra! animals, see KK +4, ++. 9s to Bhen
2inder o2 lost goods ma! Ae guilt! o2 larcen!, see K **. I.N0J 7tate <. ?oore, 4'
N.C. 9"". 0+9, 0'4 7.E.0d *99 (9*,#. I.N3J 7tate <. 7mith, 07' ?ont. 434, 9('
$.0d 773 (99'#. I.N4J $eo"le <. Dadon, ('7 ?isc. 0d '0*, '4, N.:.7.0d 40+
Cit! Crim. Ct. (99'#. I.N+J 7tate <. E<ans, ((9 3daho 3*3, *,7 $.0d '0 Ct.
9"". (99(#. I.N'J 7tate <. ?acD, 3( %r. 9"". +9, +'9 $.0d '04 (977#. .loral
designs "laced u"on a gra<e are o2 <alue to their donors so long as the! remain in
a condition to ser<e the intended "ur"ose, Aut Bhen the! ha<e Bithered and died
the! cease to Ae the suAGect o2 larcen!. Busler <. 7tate, (*( -enn. '7+, (*4
7.8.0d 04 (944#. I.N7J 7hedd <. 7tate, 3+, 7o. 0d (,*+ .la. Dist. Ct. 9"". (st
Dist. (977#. I.N9J Moi//ette v. U.S." '$& U.S. &$+" %& S. Ct. &$:" -+ L. E!.
&,, <#-*&=; Co(. v. 9et(oe" ':# Pa. S8)e. '%:" $$% A.&! #:#& <#-,&=.
I.N(,J 9m. 5ur. 0d, 9Aandoned, >ost, and 6nclaimed $ro"ert! K 07. I.N((J
?odel $enal Code K 003.+.C
La1e43 73 fi4!e of )o)et3" '+ A.L.R. '%&.
3 >ost "ro"ert!
a =eneral rule
A >ost goods as suAGect o2 larcen!
c $lace Bhere "ro"ert! is 2ound
d 3ntent o2 2inder
e EnoBledge or notice as to oBner
2 8ithholding "ro"ert! 2or reBard
g 7tatutor! "ro<isions
33 ?islaid "ro"ert!
a =enerall!
A 3ntent o2 2inder
c $ro"ert! 2ound in "ro"ert! "urchased
"I. Lost property
a. General rule
-he general rule is that the 2inder o2 lost "ro"ert! is not guilt! o2 larcen! unless he
a""ro"riates the same to his oBn use Bith DnoBledge o2, or the immediate means o2
ascertaining, the oBner thereo2, and Bith 2elonious intent entertained at the time o2 the
2inding. 7ee the cases cited throughout this annotation.
-hus, in the re"orted case 9tDinson <. Birmingham, ante, 3''#, it is held that the
a""ro"riation o2 mone! 2ound on a "uAlic street is not larcen! Bhere the oBner thereo2 is not
in sight, no marDs a""ear on the mone!, and no other means o2 ascertaining the true oBner
are a<ailaAle at the time the 2inder a""ro"riates it.
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-he rule Bas stated A! the court in the 2olloBing language in Com. <. ?etcal2e (9(9# (*4
E!. +4,, 0(0 7.8. 434: C-he 2inder o2 lost "ro"ert!, Bhere there is no clue to the oBnershi",
although inad<ertentl! or negligentl! lost, Aecomes the oBner o2 the "ro"ert!, Bhere the
oBner is ne<er disco<ered and 2ails to assert his oBnershi", and hence a 2inder o2 lost
"ro"ert! is not guilt! o2 larcen! Bhen he taDes "ossession o2 and con<erts to his use "ro"ert!
the oBner o2 Bhich he does not DnoB, and Bhere he has no clue to the oBnershi"; Aut, i2 the
2inder has a clue to the oBnershi" o2 the "ro"ert!, the taDing Bill Ae larcen!, i2 2eloniousl!
done.C
DnoBs nor has an! immediate means o2 ascertaining the oBner, and a""ro"riates them to his
oBn use, he is not guilt! o2 larcen!, Bhate<er ma! Ae his intent at the time. 32 he does DnoB,
or has the immediate means o2 ascertaining, Bho the oBner is, there must Ae a 2elonious
intent to steal at the time o2 the taDing in order to constitute larcen!; and a suAsequentl!
2ormed intent is not su22icient. BreBer <. 7tate (9(,# 93 9rD. 479, 3, >.).9. N.7.# 339,
(0+ 7.8. (07, 0, 9nn. Cas. (37*.
-he mere 2act that a "erson con<erts to his oBn use goods 2ound A! him does not, as a matter
o2 laB, maDe him guilt! o2 the2t. -he question o2 guilt must Ae determined A! the Gur! 2rom
the attending circumstances, such as the descri"tion o2 goods 2ound, the "lace o2 2inding, the
time ela"sing AetBeen the 2inding and the con<ersion, the "roAaAilit! o2 the oBner Aeing
disco<ered, the manner o2 dealing Bith the goods, and the e22ort or Bant o2 e22ort to disco<er
the oBner. )eg. <. 7la<in (9,,# 3+ N. B. 3**.
b. Lost goods as subject of larceny
-he authorities 2urnish a strong color 2or the o"inion, Bhich "erha"s is entertained generall!, that
ancientl! goods casuall! lost Bere not considered to Ae the suAGect o2 larcen! under an!
circumstances. )ansom <. 7tate (*+0# 00 Conn. ('(. Baron $arDe, in the leading case u"on the
suAGect under consideration, reached this conclusion 2rom a re<ieB o2 the earliest authorities,
sa!ing: C3n the earliest times it Bas held that chattels Bhich Bere a""arentl! Bithout an oBner,
nullius in Aonis, could not Ae the suAGect o2 larcen!. 7taun2ord, one o2 the oldest authorities on
criminal laB, Bho Bas a Gudge in the reign o2 $hili" and ?ar!, sa!s AD. (, cha". ('#: F-reasure
tro<e, BrecD o2 the sea, Bai2 or stra!, taDen and carried aBa!, is not 2elon!. C@uia dominus rerum
non a""aret, ideo cuGus sunt incertum est.CF .or this he quotes .itL. 9Ar. FCoron.,F "". (*7, 0'+.
-hese "assages are taDen 2rom 00 9ss. 99, 00 EdB. 333., and mention onl! Ftreasure tro<e,F
FBrecD,F and FBai2;F and .itLherAert sa!s the "unishment 2or taDing such is not the loss o2 li2e or
limA. -he "assage in 3 Co. 3nst. (,*, goes Ae!ond this. >ord CoDe mentions three circumstances
as material in larcen!: 2irst, the taDing must Ae 2elonious, Bhich he e/"lains; secondl!, it must Ae
an actual taDing, Bhich he also e/"lains; thirdl!, it is not A! tro<er or 2inding. 4e then "roceeds
as 2olloBs: F32 one lose his goods, and another 2ind them, though he con<ert them animo 2urandi
to his oBn use, it is not larcen!, 2or the 2irst taDing is laB2ul; so i2 one 2ind treasure tro<e, or
Bai2, or stra! here CBrecDC is omitted and Cstra!C introduced#, and con<ert them ut su"ra, it is no
larcen!, Aoth in res"ect o2 the 2inding, and that Cdominus rerum non a""aret.CFC )eg. <. -horAurn
(*49# ( Den. C. C. Eng.# 3*7, -em"le M
?. '7, 0 Car. M E. *3(, (* >. 5. ?ag. Cas. N. 7. (4,, (3 5ur. 499, re"orted also as )eg. <.
8ood, 3 Co/, C. C. 4+3, 3 NeB. 7ess. Cas. +*(.
d. Intent of finder: E<er! taDing A! one "erson o2 the "ersonal "ro"ert! o2 another Bithout
his consent is not larcen!; and this although it is taDen Bithout right or claim o2 right.
7u"eradded to this there must Ae a 2elonious intent, Bithout Bhich there can Ae no crime. -o
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render the 2inder o2 lost goods guilt! o2 larcen! an intent to con<ert them aAsolutel! to his
oBn use must coe/ist Bith the act o2 2inding. 32 such intent does not e/ist at the time o2 the
2inding, Aut, instead, the 2inder intends to restore the "ro"ert! to the oBner, a suAsequent
concealment, or 2raudulent a""ro"riation, does not constitute larcen!. Ne<ada: State v.
Cliffo! #,%-# #$ Nev. %&, '' A(. Re). *&+ .
It 2a/ /ai! i4 Ro84tee v. State <#,%%= *, Ala. ',#" t6at t6e (ee ta0i45 a2a3
of fo84! )o)et3" 2it6 i4te4t to 1o4vet it to t6e fi4!eA/ 8/e" i/ 4ot /8ffi1ie4t to
1o4/tit8te la1e43" a/ t6ee (8/t al/o a))ea a felo4io8/ i4te4t.
C-he 2inder o2 "ersonal "ro"ert! Bhich has Aeen inad<ertentl! or negligentl! lost, and
Bho taDes it into his "ossession, thereA! se<ers the "ossession o2 the oBner; Aut the
2inder does not commit larcen! in so doing, unless he taDes it Bith the intention to
a""ro"riate it to his oBn use, and to "ermanentl! de"ri<e the oBner o2 his "ro"ert! and
use o2 it.C Com. <. ?etcal2e (9(9# (*4 E!. +4,, 0(0 7.8. 434.
3n Berr! <. 7tate %Dla.# su"ra, it Bas held that the intent to a""ro"riate lost
"ro"ert! to the 2inderFs oBn use Bas estaAlished A! e<idence that he hid it instead o2
maDing reasonaAle e22orts to restore it to the oBner.
-he question Bhether the goods Bere taDen originall! A! the accused 2eloniousl!, animo
2urandi, is alBa!s a question o2 2act, and usuall! the "rinci"al one, 2or the Gur! to
determine. )ansom <. 7tate (*+0# 00 Conn. ('(. -his intent need not Ae "ro<ed A!
"ositi<e testimon!, Aut ma! Ae in2erred 2rom circumstances. 8ea<er <. 7tate (**4# 77
9la. 0', + 9m. Crim. )e".
3''. 3t ma! Ae ascertained, liDe the intent Bith Bhich an! other act is done, A! a care2ul
e/amination o2 the 2acts and circumstances "receding, attending, and 2olloBing the
2inding. 9llen
<. 7tate (*9,# 9( 9la. (9, 04 9m. 7t. )e". *+', * 7o. ''+; 8ol2ington <. 7tate (*7'#
+3 3nd.
343. 3nquiries ma! Ae made as to the manner in Bhich the 2inder conducted himsel2 Bith
the goods, and his "resent means o2 DnoBing or ascertaining the oBner. 9llen <. 7tate
9la.# su"ra.
-o constitute larcen! there must Ae a criminal intent at the time o2 the taDing. Drummond
<. 7tate (9(3# 7( -e/. Crim. )e". 0',, (+* 7.8. +49, holding that Bhere a Ao! 2ound a
"air o2 glo<es, and tooD them into his "ossession 2or the "ur"ose o2 carr!ing them to the
"erson Bhom he su""osed to Ae the oBner, and later, learning that another "erson had
lost glo<es and ad<ertised 2or the same, tooD them to him and le2t them u"on Aeing
assured that the! Aelonged to the third "erson, he had no such intent to steal as is
necessar! to constitute larcen!.
-o constitute the2t, said the -e/as court o2 a""eals, Cthe 2raudulent intent, Bhich is the
gist o2 this o22ense, must e/ist in the mind o2 the taDer at the <er! time o2 the taDing; and,
in the case o2 lost "ro"ert!, the time o2 the taDing is the time o2 the 2inding o2 the
"ro"ert!. 32 the 2raudulent intent did not e/ist at the time o2 the taDing, no suAsequent
2raudulent intent in relation to the "ro"ert! Bill constitute the2t.C ?artineL <. 7tate (**4#
(' -e/. 9"". (00.
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C3t ma! reasonaAl! Ae said not to Ae a <iolation o2 an! social dut! 2or a man Bho 2inds a
lost article to taDe it home 2or the "ur"ose o2 2inding out the true oBner; and i2 he does
this honestl! in the 2irst instance, and a2terBards, though he ma! ha<e disco<ered the
true oBner, is seduced into a""ro"riating to his oBn use, he is not guilt! o2 larcen!,
though he does Brong.C )eg. <. )ile! (*+'# Dears. C. C. Eng.# (49.
-he su"reme Gudicial court o2 ?assachusetts, in an o"inion A! =ra!, 5., then chie2
Gustice, said: C-he 2inder o2 lost goods ma! laB2ull! taDe them into his "ossession; and i2
he does so Bithout an! 2elonious intent at that time, a suAsequent con<ersion o2 them to
his oBn use, A! Bhate<er intent that con<ersion is accom"anied, Bill not constitute
larcen!. But i2, at the time o2 2irst taDing them into his "ossession, he has a 2elonious
intent to a""ro"riate them to his oBn use and to de"ri<e the oBner o2 them, and then
DnoBs or has the reasonaAle means o2 DnoBing or ascertaining, A! marDs on the goods or
otherBise, Bho the oBner is, he ma! Ae 2ound guilt! o2 larcen!.C Com. <. -itus (*74#
((' ?ass. 40, (7 9m. )e". (3*, ( 9m. Crim. )e". 4('.
e. Knowledge or notice as to owner
Ge4eall3.
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-he other element o2 the o22ense, in addition to the intent to taDe com"lete and e/clusi<e
dominion o<er the goods 2ound, relates to DnoBledge or notice as to the oBner. 32 the
2inder, at the time o2 2inding, does not DnoB Bho is the oBner o2 the "ro"ert!, and there
are no marDs thereon, or other circumstances A! Bhich the oBner ma! Ae disco<ered, the
a""ro"riation to the 2inderFs use does not amount to larcen!.A (a4" 04o2i45 t6e o24e
of 5oo!/" 1a44ot la2f8ll3 )i10 t6e( 8) 2it6o8t et84i45 t6e( to 6i(; 78t a (a4"
4ot 04o2i45 t6e o24e" 1a4. T6e !o1ti4e" t6eefoe" i/ t6at if" 26e4 o4e ta0e/
5oo!/ i4to 6i/ 6a4!/" 6e /ee/ a7o8t t6e( a43 (a0/" o ot6e2i/e lea4/ a43 fa1t/"
73 26i16 6e 04o2/ 26o t6e o24e i/" 3et 2it6 felo4io8/ i4te4t a))o)iate/ t6e( to
6i/ o24 8/e" 6e i/ 58ilt3 of la1e43; ot6e2i/e 4ot. So(e of t6e 1a/e/ /a3 if 6e 04o2/
26o t6e o24e i/" o 6a/ t6e (ea4/ of a/1etai4i45; 78t t6e 7ette fo( of t6e
!o1ti4e i/ a/ @8/t /et !o24" 7e1a8/e eve3 (a4" 73 a!veti/i45 a4! i4>8ii45" 1a4
fi4! t6e o24e if 6e i/ to 7e fo84!" Be2e v. State <A0.= /8)a.
-he court said in )andal <. 7tate ?iss.# su"ra, that Cit is a settled "rinci"le o2 laB that i2
one lose his goods, and another 2ind them and con<ert them to his oBn use, not DnoBing
the oBner, this is no larcen!.C 7imilarl! it Bas said in 8ol2ington <. 7tate 3nd.# su"ra,
that Ci2 the 2inder does not DnoB, and has not, at the time o2 taDing "ossession o2 the
goods, the means o2 then DnoBing the oBner, the case is one o2 tro<er and con<ersion,
and not o2 larcen!.C
-he mere 2act o2 a "ersonFs con<erting to his oBn use goods 2ound A! him, regardless o2
the attending circumstances, does not, as a matter o2 laB, maDe him guilt! o2 the2t. )eg.
<. 7la<in N. B.# su"ra.
Con<ersel!, i2, at the time o2 the taDing, the taDer DnoBs or has means o2 disco<ering the
oBner, it is his legal and moral dut! to hold and restore the goods to him; and i2, under
such circumstances, he aAsolutel! a""ro"riates them to his oBn use, e/cluding the
dominion o2 the oBner, it is larcen!.
Effot to fi4! o24e.
7ince the 2inderFs Aelie2, or ground o2 Aelie2, in regard to 2inding the oBner, is to Ae
determined A! the circumstances a""arent to him at the time o2 2inding the "ro"ert!, guilt
cannot Ae "redicated o2 a 2ailure to e/ercise diligence to 2ind the oBner. -he 2inder is not
Aound to search 2or or to taDe an! other measures to disco<er the oBner. BrooDs <. 7tate
(*7*# 3+ %hio 7t. 47; -anner <. Com. (*+7# (4 =ratt. Va.# '3+; $errin <. Com. (*9(#
*7 Va. ++4, (3
7.E. 7'. 7ee also in2ra, 3. g., 2or statutes declaring the contrar! rule. 3n -anner <. Com.
(*+7# (4 =ratt. Va.# '3+, su"ra, the court said: C8here there are no indicia A! Bhich
the oBner can Ae 2ound, the a""ro"riation to the 2inderFs use does not amount to larcen!;
2or, as it has Aeen held, the 2inder o2 a chattel actuall! lost is not Aound to taDe an! means
to disco<er the oBner; he must DnoB him immediatel! 2rom marDs aAout the "ro"ert! or
otherBise.C
3n some o2 the earlier cases it Bas declared that a 2ailure to use reasonaAle means to
disco<er the oBner, A! ad<ertising, rendered the 2inder guilt!. )eg. <. Co22in (*4'# 0
Co/, C. C. Eng.# 44; )eg. <. )eed (*40# Car. M ?. Eng.# 3,'; )eg. <. Eerr (*37# *
Car. M $. Eng.#
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(7'. -hese e/"ressions, hoBe<er, are dicta, and ha<e Aeen o<erruled. )eg. <. 7hea
(*+'# 7 Co/, C. C. Eng.# (47.
-he <ieB has Aeen taDen, rightl!, it Bould seem, that a neglect to taDe reasonaAle
measures to 2ind the oBner raises a "resum"tion o2 2elonious intention in the taDing.
7tate <. Briscoe (9,,# 3 $enn. Del.# 7, +, 9tl. 07(.
32 the de2endant at no time claims the "ro"ert! as his oBn, or attem"ts to conceal it, Aut,
on the contrar!, maDes e22orts to disco<er the oBner o2 it, and in 2act does disco<er the
oBner o2 a "ortion o2 it, and restores the same, he clearl! is not guilt! o2 larcen!.
?c>aren <. 7tate (**'# 0( -e/. 9"". +(3, 0 7.8. *+*.
-he omission to use the ordinar! and Bell1DnoBn means o2 disco<ering the oBner o2
goods lost raises a "resum"tion o2 2raudulent intention, more or less strong, against the
2inder. 7tate <. Briscoe Del.# su"ra.
9 con<iction 2or the the2t o2 a Batch Bas u"held in )ochell <. 7tate (9,9# ++ -e/. Crim.
)e". (+0, ((+ 7.8. +*3, Bhere it a""eared that the accused 2ound it, Aut made no e22ort
to ascertain the oBner; that he Bore it concealed until he mo<ed to another toBn, Bhere
he Bore it in the ordinar! Ba!; that Bhen its return Bas demanded A! the sheri22, the
accused re2used to surrender it, Aut stated that he Bould hold it 2or the oBner, although
"ersons Bho Bere his relati<es testi2ied that he stated on the da! he came into "ossession
that he had 2ound it.
9s to 8CC +3.(',, it is not clear hoB Coughlin could Ae said to ha<e CtaDes or carries, leads
or dri<es aBa!...C Bhere Coughlin himsel2 made a 9(( call and on the e/cu"lator! <ideo can Ae
heard suggesting the "arties remain calm and Bait 2or the "olice to arri<e and resol<e an! dis"ute.
3t is not clear hoB there could Ae "roAaAle cause 2or the arrest and "rosecution in )C)0,((1,'334(
Bhere there is no allegation or 2actual su""ort to suggest that Coughlin Cintentionall!C stole
an!thing. 3t Bould ha<e to Ae clear that something Bas not aAandoned 2or one to steal something.
.urther, again, as Bith the 8CC, there is no indication that Coughlin could Ae said to ha<e CtaDes
and carries aBa!, leads aBa! or dri<es aBa!...C gi<en CoughlinFs oBn 9(( call and suggestions to
the <olatile grou" o2 !ouths that the! shoudl remain "eace2ul and Bait 2or the "olice. >astl!, it is
not clear that an!one there could ha<e DnoBn the i"hone Bas C"ersonal "roe"rt!...oBned A! another
"erson...C. -here is su""ort that =oAle aAandoned the i$hone, i2 it is e<en his, there2ore he Bould
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no longer oBn it. 7ome might sa! the i$hone Bould Ae at the Aottom o2 the -rucDee )i<er, and
de<oid o2 <alue, and there2ore inca"aAle o2 Aeing larceniLed.
II. Mislaid property
a. Generally
$ro"ert! Bhich the oBner intentionall! so "laces that he can re<ert to it, and then
2orgets, is mislaid, as distinguished 2rom lost "ro"ert!, Bhich is that Bith Bhich the
oBner accidentall! "arts and does not at an! time DnoB Bhere to 2ind. 7ee )eg. <.
8est (*+4# ' Co/, C. C. 4(+, Dears. C. C. 4,0, 3 C. >. ). *', 04 >. 5. ?ag. Cas. N.
7. 4, (* 5ur. (,3,, 3 8eeD. )e". 0(, 09 Eng. >. M Eq. )e". +0+, and the cases cited
throughout this suAdi<ision.
6nliDe lost "ro"ert!, the 2inder o2 mislaid "ro"ert! acquires no right to its "ossession,
the right o2 tem"orar! "osession Aeing in the oBner or occu"ant o2 the "remises Bhere
it is 2ound. 9ccordingl! the general rule is that a "erson is guilt! o2 larcen! i2, Bith
2elonious intent, he a""ro"riates to his oBn use "ro"ert! merel! mislaid, though he
has no DnoBledge or means o2 DnoBledge as to the true oBner3n 7tate <. Craig 7.C.#
su"ra, it Bas held that the de2endant Bas guilt! o2 larcen! in a""ro"riating to his oBn
use a "ocDetAooD inad<ertentl! le2t on a seat o2 a street car. 3n sustaining the
con<iction the court said: C-he e<idence shoBs that the "urse Bas not lost "ro"ert!,
Aut mis"laced "ro"ert!. -he conductor saB the "urse, Bas going to "icD it u", Bhen
de2endant tooD it. -he "ro"ert! Bas mislaid, and accidentall! le2t on the trolle! car; it
Bas ne<er lost or aAandoned. -he de2endant reasonaAl! su""osed the oBner could Ae
2ound, and he DneB that it Bas not lost "ro"ert!, Aut mis"laced, and accidentall! le2t
Bhere he "icDed it u".C
9 "urse accidentall! le2t in a store is not lost, Aut mislaid, so that a 2inder Bho
a""ro"riates it Bith 2elonious intent is guilt! o2 larcen!. 7tate <. ?cCann ?o.# su"ra;
)eg. <. 8est (*+4# ' Co/, C. C. Eng.# 4(+, Dears. C. C. 4,0, 3 C. >. ). *', 04 >. 5.
?ag. Cas. N. 7. 4, 09 Eng. >. M Eq. )e". +0+, (* 5ur. (,3(, 3 8eeD. )e". 0(.
7o, a "ocDetAooD or other "ro"ert! laid doBn in a AarAer sho" is merel! mis"laced,
and a 2inder Bho a""ro"riates it ma! Ae con<icted o2 larcen!. >aBrence <. 7tate
-enn.# su"ra; )eg.
<. ?oore (*'(# * Co/, C. C. Eng.# 4(', 7 5ur. N. 7. (70, >eigh M C. C. C. (, 3, >.
5. ?ag. Cas. N. 7. 77, 3 >. -. N. 7. 7(,, 9 8eeD. )e". 07'.
9nd i2 a "erson "icDs u" and a""ro"riates a ring, mone!, or other "ro"ert! mislaid or
dro""ed in a dBelling house, he is guilt! o2 larcen! o2 mislaid "ro"ert!. 7tate <.
Cummings (*''# 33 Conn. 0'4, *9 9m. Dec. 0,*; )oAerts <. 7tate (**9# *3 =a.
3'9, 9 7.E. '7+, * 9m. Crim. )e". 474.
3n 7tate <. Cummings Conn.# su"ra, it a""eared that the de2endant, a ser<ant, tooD a
diamond ring 2rom a BashtuA into Bhich the oBner o2 the GeBel accidentall! dro""ed
it, and a""ro"riated the same to her oBn use. 3t Bas held that the ring Bas not lost
"ro"ert!, and that, there2ore, the de2endant Bas guilt! o2 larcen!. -he court said:
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C8hat, then, are the 2acts as claimed to Ae "ro<ed A! the stateN -he! are, that the
oBner o2 the ring le2t it A! accident in the tuA Bhere she had Aeen Bashing; that,
DnoBing Bhere it Bas, she Bent 2or it in ten or 2i2teen minutes; that, in the meantime,
it had Aeen taDen A! the "risoner out o2 the tuA; that she DneB Bhose it Bas and
denied the taDing o2 it, and concealed it and Arought it to NeB 4a<en as her oBn, and
o22ered it 2or sale. 6nder these circumstances it is <er! a""arent that, e/ce"t 2or the
act o2 the "risoner, there Bas no loss o2 the ring, an! more than i2 the oBner had le2t it
on her taAle 2or a tem"orar! "ur"ose.C
3n )eg. <. 8est Eng.# su"ra, it a""eared that the "rosecuting Bitness, a2ter maDing a
"urchase, le2t his "urse on the de2endantFs stall. -he de2endant "icDed it u" and
a""ro"riated the contents to her oBn use. 3t Bas held that she Bas guilt! o2 larcen!.
3n >aBrence <. 7tate -enn.# su"ra, it a""eared that the "rosecuting Bitness le2t his
"ocDetAooD, containing H4*,, on a taAle in a AarAer sho". 92ter the "rosecutor le2t, the
AarAer "icDed u" the "urse and a""ro"riated the mone! to his oBn use. 3t Bas held
that he Bas guilt! o2 larcen!.
9 "urse accidentall! le2t in a carriage returned to a li<er! staAle A! the hirer is not
lost, so as to require the a""lication o2 the 2oregoing rule in a "rosecution 2or the2t
against one Bho 2ound the "urse u"on taDing immediate charge o2 the carriage u"on
its return. ?o/ie <. 7tate (9,*# +4 -e/. Crim. )e". +09, ((4 7.8. 37+.
3n 7tate <. Courtsol (9(+# *9 Conn. +'4, >.).9.(9('9, 4'+, 94 9tl. 973, it a""eared
that the "rosecuting Bitness, Bhile riding in a street car, le2t a "acDage o2 mone! on
the Aench on Bhich he sat. 92ter he le2t the car the de2endant, Bho Bas also a
"assenger in the same car, "icDed u" the "acDage and a""ro"riated the mone! to her
oBn use. 3t Bas held that she Bas guilt! o2 larcen!. -he court said: C-here Bas no
e<idence to su""ort counselFs claim that the "acDage Bas lost. -he e<idence shoBs
that it Bas le2t u"on a "uAlic con<e!ance A! its oBner, u"on a Aench or seat Bhere he
had "laced it. 4e rememAered Bhere he le2t it, and s"eedil! sought it, and 2ound that
the accused had taDen it. 3t is Bell settled that "ro"ert! so le2t is not lost, Aut is mislaid
"ro"ert!. -he oBner is treated as still constructi<el! in "ossession o2 it, although its
custod! ma! Ae in another, in Bhose sho" or car it has Aeen le2t. 0 8hart. Crim. >aB,
((th ed. K ((39; 0 Bisho", NeB Crim. >aB, KK *7*, *79; $eo"le <. ?c=arren (*37#
(7 8end. N.:.# 4'0; 7tate <. ?cCann (*+3# (9 ?o. 0+4. -he accused hersel2 did
not claim that she su""osed the "ro"ert! had Aeen lost. 7he tooD it u", Aelie<ing it to
Ae her oBn "acDage containing "urchases "re<iousl! made A! her. 8hen she
disco<ered that it Bas not, she DneB that it Bas a "acDage le2t u"on the car A! some
"erson Bho undouAtedl! Bould call u"on the trolle! com"an! 2or it. -he court,
there2ore, "ro"erl! re2used to gi<e an instruction Bhich Bould gi<e the Gur! to
understand that u"on the e<idence the! might 2ind that the "acDage Bas lost, and that
the accused, Bhen she "icDed it u", honestl! Aelie<ed that it Bas a lost "acDage. 9s
the 2acts Bere undis"uted, the court Bas correct in gi<ing the instruction Bhich the
accused com"lained o2 in her si/th assignment o2 error, namel!: F-his case that !ou
ha<e Ae2ore !ou is not a case o2 lost "ro"ert!, technicall! s"eaDingOthat is, actuall!
lost or aAandoned; Aut is a case, as the AooDs and cases descriAe it, o2 "ro"ert! that is
mislaid.F -he instruction com"lained o2 in the se<enth reason o2 a""eal Bas also
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correct. 9s alread! stated, the constructi<e "ossession o2 mislaid "ro"ert! remains in
the oBner. -he 2inder o2 such "ro"ert!, DnoBing it to Ae mislaid or le2t A! mistaDe, i2
he taDes it Bith the 2elonious intent to a""ro"riate it to his oBn use, and thus de"ri<e
the oBner o2 it, is guilt! o2 larcen!. -his Bould constitute a 2elonious taDing 2rom the
"ossession o2 another o2 "ro"ert! Aelonging to him. -his Bas the suAstance o2 the
instruction com"lained o2. -he language Bhich 2olloBed e/"lained the distinction
AetBeen the 2inding in such a case and one Bhere the "ro"ert! has Aeen lost.C
-he same rule Bas a""lied in $ritchett <. 7tate (*+4# 0 7need -enn.# 0*+, '0 9m.
Dec. 4'*, Bherein it a""eared that an e/"losion in a GeBelr! sho" threB into the street
some Batches Bhich Bere hanging in the sho" BindoBs, and that the de2endant tooD
them as lost "ro"ert!.
b. Intent of finder
3t is held that, in order to constitute larcen! o2 mislaid "ro"ert!, there must Ae a
criminal intent to a""ro"riate the "ro"ert! to the 2inderFs oBn use, in <iolation o2 the
oBnerFs rights. =riggs <. 7tate (*77# +* 9la. 40+, 09 9m. )e". 7'0; 8ea<er <. 7tate
(**4# 77 9la. 0', + 9m. Crim. )e". 3''; 7mith <. 7tate (*93# (,3 9la. 4,, (' 7o.
(0; 7tate <. Courtsol (9(+# *9 Conn. +'4, >.).9.(9('9, 4'+, 94 9tl. 973; ?artineL
<. 7tate (**4# (' -e/. 9"". (00; 8arren <. 7tate (**4# (7 -e/. 9"". 0,7.
-he constructi<e "ossession o2 mislaid "ro"ert! remains in the oBner, and the oBner
or occu"ant o2 the "remises Aecomes his Aailee. .oulDe <. NeB :orD Consol. ). Co.
(90,# 00*
N.:. 0'9, 9 9.>.). (3*4, (07 N.E. 037. -he 2inder o2 such "ro"ert!, DnoBing it to Ae
mislaid or le2t A! mistaDe, i2 he taDes it Bith the 2elonious intent to a""ro"riate it to
his oBn use, and thus de"ri<e the oBner o2 it, is guilt! o2 larcen!. 7tate <. Courtsol
(9(+# *9 Conn. +'4,
>.).9. (9('9, 4'+, 94 9tl. 973.
3n =riggs <. 7tate 9la.# su"ra, BricDell, Ch. 5., said that the taDer o2 goods mislaid or
le2t A! mistaDe is guilt! o2 larcen! A! a""ro"riating them to his oBn use, regardless o2
Bhether the intent to Dee" then Bas 2ormed at the time o2, or suAsequent to, the
taDing.C
)egardless, %22icer Duralde gamed the s!stem A! listing the charge as a 2elon!, and such a
<aluation is not reasonaAle, as such the motion to su"ress should e/clude the 2ruits o2 the
im"ermissiAle search in light o2 N)7 0,+.0+(:
CN)7 0,+.0+( Determination o2 <alue o2 "ro"ert! in<ol<ed in larcen! o22ense. .or
the "ur"oses o2 N)7 0,+.0(7+ to 0,+.07,7, inclusi<e:
(. -he <alue o2 "ro"ert! in<ol<ed in a larcen! o22ense shall Ae deemed to Ae the
highest <alue attriAutaAle to the "ro"ert! A! an! reasonaAle standard.
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0. -he <alue o2 "ro"ert! in<ol<ed in larcen! o22enses committed A! one or more
"ersons "ursuant to a scheme or continuing course o2 conduct ma! Ae aggregated in
determining the grade o2 the larcen! o22enses.C
3ndeed, )$D %22icer DuraldeFs 9rrest )e"ort reads: CNe/t 3 s"oDe to the <ictim, Cor!
=%B>E Bho stated that he has an 9""le 3"hone that he had Aought acou"le o2 !ears ago 2or H3,,.C
Clearl!, it is not reasonaAle to Aelie<e that a smart"hoen "urchase Ca cou"le !ears agoC 2or H3,, had
not de"reciated in <alue at least H+, in that time at the time o2 arrest the <alue cuto22 2or grand
larcen! Bas H0+,, Aut as o2 %ctoAer 0,((, it is not H'+, in Ne<ada#.
-he recordings o2 the 9(( calls A! =oAle 2urther demonstrate the e/tent to Bhich he and his
com"atriates, including Zarate, Bere Billing to lie to the "olice to accom"lish their goal...to achie<e
the return o2 an i$hone that =oAle 2elt entitled to recei<e as e/"editiousl! as "ossiAle and A! means
that quite arguaAl! e/ceeded an! right he had to e/ert ie, threatening to and attem"ting to steal
CoughlinFs Aic!cle and his dog, l!ing to 9(( o"erators, maDing 2alse allegations aAout someone
CsocDing a minorC, ganging u" on Coughlin Bith a numAer o2 other !oung men Aeha<ing in an
ultra1agressi<e manor, etc#.
3t ma! or ma! not Ae rele<ant to consider that the i$hone Bould ha<e, a""arentl!, Aeen in the
ri<er Bere it not 2or someone claiming it, or that =oAle a""arentl! 2elt entitle to a<oid an!
consequences attaching to his e/tremel! negligent "ractice o2, allegedl!, lea<ing a smart"hone on
the "a<ement unattended Bhile he goes o22 to his 5ee" 2or se<eral minutes at least, in doBntoBn
)eno, during a "eriod o2 2our or so !ears o2 the unem"lo!ment rate ho<ering aroudn (+P. =oAle
a""arentl! sought to a<oid the hassle o2 "ursuing a ci<il rememd! or otherBise Aeha<ing in a ci<il
and "atient manner in "ursuing the return o2 a "hone that ma! or ma! not ha<e Aeen his. =oAle
re2used to "ursue such a return in a setting that Bas di<orced 2rom the o<erl! coerci<e and <olatile
tenor "resented A! =oAle and his man! 2riends accosting Coughlin and AacDing Coughlin u" to
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oncoming tra22ic on Center 7t. Aridge in 2ront o2 the 7ienna Bhile Coughlin attem"ted to hold onto
his Aic!cle and his dog.
%n one o2 his 9(( calls, =oAle allegations that Csomeone Gust socDed a minorC...a""arentl!
indicating that Coughlin "unched the (7 !ear old !oung man seen in the <ideos. Clearl!, no one is
sa!ing that noB, nor in an! o2 the "olice re"orts, hoBe<er, it Bas de2initel! use2ul 2or =oAle to sa!
that to the 9(( o"erators, and the te/tual record "ro<ided o2 the calls and dis"atch re"orts includes a
citation to this allegation o2 "h!sical <iolence as Bell. -he o"erator and the "olice hear that
Csomeone Gust socDed a minorC and it gets their attention and sDeBs the a""roach A! the "olice
immeasuraAl!.
%n his other 9(( call, =oAle maDes liDe the 5on >o<itL liar character 2rom the (9*,Fs 7aturda!
Night >i<e sDetches...the CBait, !eah, thatFs the ticDet...C liar character Bith a catch"hrase. =oAle
starts the call indicating that Coughlin CGust stole his "honeC and Cis Aeing su"er aggressi<e and
gi<ing us all sorts o2 trouAleC Aut then =oAle decides, CBait, no, !eah, thatFs it, he is tr!ing to get
aBa! tooQC. 7o Bhich is itN 7u"er aggressi<e and gi<ing !ou all sorts o2 trouAle or tr!ing to get
aBa!N 9nd Bh! are =oAle and his associates listed in the 9(( and dis"atch te/t re"orts as the oneFs
!ellingN 8h! is =oAle heard on a 9(( call screaming Cgi<e me m! "hone or 3 am going to threaten
!ou right noBQC. 8h! are =oAle and his associates the oneFs reaching into CoughlinFs shortFs "ocDet,
attem"ting to taDe CoughlinFs dog and Aic!cle, i2, as =oAle told the 9(( o"erator, it Bas Coughlin
Bho Bas CAeing su"er aggressi<e and gi<ing us all sorts o2 trouAleCN
But, Aest o2 all, on =oAleFs 9(( call o2 9ugust 0,th, 0,(( at 03:00:+0 at the 3( second marD,
the Bise 9(( o"erator asDs:
%"erator %#: ChoB did he end u" Bith !our cell "honeNC.
=oAle: Cm! "hone Bas Gust sitting on the ledge and 3 Bas Gust sDateAoarding and stu22,
and he Gust "icDed it u". E<er!one saB him "icD it u".C
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8ell, is that trueN 32 so, then Bh! did Zarate Brite in his 8itness 7tatement that the
unidenti2ied man ga<e the "hone to CoughlinN -hat is rather di22erent than Coughlin Gust BalDing A!
and "icDing the "hone u" o22 the ledge. 8hat, e/actl!, did everyone seeN 8hat aAout the
unidenti2ied man holding the "hone alo2t and indicating he Bould shortl! throB the "hone in the
ri<erN 3n the AacDground on that same call =oAleFs associates can Ae heard menacingl! commenting
on taDing and touching CoughlinFs dog and Aic!cle. Coughlin can Ae heard e/claiming C!ou Gust
assaulted meQC.
-hen, at the ( minute 7 second marD =oAle sa!s:
=oAle: CDude, Gust gi<e me m! "hone, its right in his "ocDet Gust get it out. 3 am
aAout to graA it out o2 his "ocDetC
-hen at ( minute +7 second marD =oAle reiterates:
=oAle: C4e is Gust getting su"er aggresi<e Bith us, graAAed m! "hone, 3 sBear, and
he Bill not gi<e it AacD ...4e graAAed m! "hone, 3 sBear, its in his "ocDet, dude... 3
Bas right here, m! 5ee" Bas right here, m! 2ucDing 5ee" Bas right thereQC.
7o, Bhich is it, =oAleN 8as he sDateAoarding and stu22, or in his 5ee"N 8h! does =oAleFs
Britten 8itness 7tatements 2rom that night indicate he Bas onl! C2i2teen 2eet aBa!C 2rom Bhere !ou
set !our "hone doBn Bhen Coughlin allegedl! BalDed right u" and graAAed itN DoesnFt Che Gust
graAAed itC sound a Ait more liDe someone CgraAAingC an item A! 2orce 2rom someone, in a Aig hurr!,
and attem"ting to run aBa!, rather than, Bhat Nicole 8atson sa!s ha""ened, ie, that an unidenti2ied
man "icDed the "hone u", held it alo2t, announced he Bould CthroB it in the ri<erC, etc....
=oAle and his associates Aelligerent menacing attitudes and Aeha<iors clearl! startled and
2rightened Coughlin that night. .urther, the! Bere sim"l! o221"utting. 8hile one might sim"l!
hand o<er a "hone to =oAle, assuming =oAle is telling the truth Bhen he asserts it is his, one Bould
not necessaril! Ae Aeing all that care2ul in doing so, i2 the laB requires one to taDe reasonaAle ste"s to
return lost "ro"ert! to its right2ul oBnerN E<en i2 it Bere true to sa! =oAle called the "hone and saB
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it light u", that is hardl! conclusi<e "roo2 that the "hone is =oAleFs. 8hat i2 someone =oAle and his
2riends Bere 2amiliar Bith had announced the! lost their "hone earlier that nightN NoB, Bhat i2
=oAle DneB that "ersonFs "hone numAer, and used that DnoBledge to "resent an a""earance to
Coughlin that the "hone right2ull! Aelonged to =oAle merel! Aecause =oAle ma! ha<e Aeen aAle to
call the "hone and maDe it ringN 9nd its not at all clear that =oAle Bas actuall! aAle to do that.
3ndeed, i2 =oAle Bas so aAle to, then Bh! didnFt the "hone light u" during the entire + minute
<ideoRaudio 2o the arrestN 8h! is =oAleFs <oice heard in the AacDground suggesting to the )$D
%22icerFs that Coughlin ma! ha<e CsBitched the "honeC to his other "ocDetN =oAle et al Aeha<ior Bas
menacing and indicated a Billingness to massage to the truth to a large degree. -his is "articularl!
clear Bhen <ieBing the <ideo o2 the interaction AetBeen =oAle and Coughlin o2 5une +th, 0,(0. 3t is
interesting to note that CoughlinFs laB license Bas sus"ended on 5une 7th, 0,(0 at 3:4*"m Gust hours
a2ter Coughlin sent the D9Fs %22ice an email "ointing out the inequit! o2 2ailing to "rosecute =oAle
2or the lit cigarette "roGectile Aatter! u"on Coughlin Bhere CoughlinFs entire li<e, "ro2essionall! and
"ersonall! had, essentiall!, Aeen curA sto""ed A! this "etit larcen! arrest.
Ne/t, on the <ideo o2 the Aatter! u"on Coughlin A! =oAle 2rom 5une +, 0,(0, =oAle is heard
massaging his stor! AacD and 2orth:
Coughlin: 8ho are !ouN
=oAle: 3Fm o<er it, its all good. )ememAerN 8e Bent to court together. 3ts all good
Coughlin: :eah. %h, its all good 2or !ouN %h, good, 3Fm going to lose m! career.
=oAle: 3Fm sorr! that sucDs.
Coughlin: :eah, BhatFs !our name, Cor!N
=oAle: :eah
Coughlin: 4e!, hoB are !ou gu!sN
earl! tBenties Arunette 2emale#: 8onder2ul, hoB are !ouN
earl! tBenties 9sian male#: !ou can 2ilm us all !ou Bant.
Coughlin: 4e!, did !ou lie to the "oliceN
=oAle: DoN
Coughlin: :eah, Did !ou gu!s sa! 3 Gust ran u" and graAAed the "honeN
=oAle: -hatFs Aasicall! Bhat !ou did.
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Coughlin: %Da!, is that basically it or is that Bhat 3 didN 9nd Bhat did !ou tell the
"oliceN
=oAle: -hatFs exactly Bhat !ou did.
Arunette 2emale#: 4eFs...heFs...he 2ucDing has a cameraQ
Coughlin: 8hat did...are !ou a little highN :ou got...!ouF<e got C..6.C.E.C tattoed on
!our hand s"elled out on his 2our DnucDles#.
Arunette 2emale#: 8e donFt do drugs, !ourFre a craL! "erson, e/cuse me, e/cuse
me...Gust cuL someoneFs talDing to !ou....
=oAle: 3 Bas Gust sa!ing 3 Bas o<er it...
Arunette 2emale#: 8indoBs u". rolls >e/us 76V BindoBs u"#.
Coughlin: %h, Bonder2ul, !ouFre o<er it.
=oAle: 2licDs lit cigarette at Coughlin 2rom aAout 0 to 3 2eet aBa! at a high rate o2
s"eed. -he lit cigarette hits CoughlinFs suit GacDet at his le2t shoulder and the ti"
e/"loded into s"arDs, then 2alls to the ground. -his is shoBn right Ae2ore the +0
second marD o2 the <ideo o2 this 5une +th, 0,(0 incident. CoughlinFs camera GerDs
right Bhen Coughlin is hit Bith the lit cigarette, Bhich Bas "roGected at Coughlin A!
=oAle 2licDing it in a "ro"ulsi<e manner AetBeen his middle and inde/ 2ingers and his
thumA...it actuall! got tra<eling at a 2airl! high rate o2 s"eed and the 2licDing and
cigarette darting through the air, and the cigarette hitting CoughlinFs shoulder and
e/"loding are all <er! discerniAle in this <ideo, es"eciall! the audio o2 those sounds,
"articularl! Bhen considering that the camera GerDing coincides e/actl! Bith the
e/"loding sound#.
Coughlin: %h, !ou Gust did me such a Aig 2a<or, gu!.C
Coughlin could ha<e, at that time, attem"ted to e22ectuate an ill1concei<ed CcitiLenFs arrestC
similar to the one )$D %22icer Duralde alleges =oAle et al "er2ormed on Coughlin on 9ugust 0,th,
0,((, hoBe<er, Coughlin made the rationale, reasoned, sa2e decision to re2rain 2rom so attem"ting
such a risD! CcitiLenFs arrestC.
-he <ideo 2rom Gust "rior to the 9ugust 0,th, 0,(( "etit larcen! arrest, Bherein Coughlin
made a 9(( call and re"orted the assault and Aatter! that =oAle and his gang Bere committing u"on
him, shoBs Coughlin e/"laining to =oAle et al that reaching into CoughlinFs "ocDets Bas a <er! "oor
choice and that e<er!one in<ol<ed needed to rela/, settle doBn, Ae "eace2ul, etc. and Coughlin
re2erenced the tragic consequences o2 2ailing to do so that had, at that time, Gust recentl! Aeen seen in
the death o2 0+ !ear old 7te"hen =ale during an armed roAAer! o2 a 2emaleFs "urse on Cali2ornia
9<enue.
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3t is im"ortant to maDe note o2 the read! Billingness to lie that =oAle et al demonstrate.
=oAle, Zarate, et al lied to the 9(( o"erator and the o22icers on the scene to get Coughlin arrested,
"laced in cu22s, searched etc. and to "ro<ide su22icient "roAaAle cause to "er2orm a search incident to
an actual 2act "attern that liDel! Bould ha<e Aeen more 2itting o2 the t!"icial Cits a ci<il matterC
res"onse Coughlin has Aeen gi<en A! the )$D so man! times this !ear Bhen he has re"orted <arious
misconduct A! landlordFs and their counsel, some o2 Bhom lacD a laB license though the! are
"racticing laB#.
3t Bas onl! a2ter all that Bas accom"lished that Zarate realiLed he Aetter "ut something a Ait
more truth2ul doBn on "a"er, and that is Bhen the unidenti2ied man Bho held the i$hone alo2t and
announced to the deniLens o2 the sDate "laLa that he Bould CthroB it in the ri<er i2 someone doesnFt
claim it immediatel!C is re2erenced in ZarateFs 8itness 7tatement, Bhich reads:
C%ne man "icDed u" the "hone, and the man Bith the AiDe tooD it 2rom him and
started to tr! to lea<e Bhen the oBner o2 the "hone tried to asD 2or it AacD, he Aecame
resistant and im"olite.C
-his is in marDed contrast to the statements %22icer Duralde attriAutes to Zarate in DuraldeFs
Narrati<e, Bherein Zarates is quoted thusl!: C=%B>EFs 2riend, Nathaniel BARATE, then in2ormed
him that COUGCLIN 6a! @8/t 2al0e! 73 a4! ta0e4 GOBLEA/ )6o4e... 3 ne/t s"oDe Bith
BARATE Bho 1o4fi(e! t6at 6e 6a! o7/eve! COUGCLIN ta0e GOBLEA/ )6o4e fo( 26ee
GOBLE 6a! /et it !o24, and then oAser<ed C%6=4>3N "ut it in his left 2ront shorts "ocDet.C
=oAle, in his Britten statement, continued to lie, hoBe<er. 3n his 8itness 7tatement =oAle Brote:
C3 Bas at t6e PlaDa a4! /et (3 )6o4e !o24. 9n older man BalDed A! and graAAed
it. ?! 2riends Arought it to m! attention. 3 a4 a2ter him and asDed him 2or it AacD.
4e lied and said he didnFt ha<e it. 8e called it and /a2 it i45i45 in his "ocDet. 4e
re2used to gi<e it AacD to 3 called 9((.C
8hich -hen at ( minute +7 second marD =oAle reiterates:
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=oAle: C4e is Gust getting su"er aggresi<e Bith us, graAAed m! "hone, 3 sBear, and he
Bill not gi<e it AacD ...4e graAAed m! "hone, 3 sBear, its in his "ocDet, dude... I 2a/
i56t 6ee" (3 Jee) 2a/ i56t 6ee" (3 f810i45 Jee) 2a/ i56t t6eeQC.
4oBe<er, DuraldeFs Narrati<e re"orts:
C3 le2t C%6=4>3N Bith %22icers 9>9E79 and )%79 so that 3 could continue
Bith m! in<estigation. Ne/t 3 s"oDe to the <ictim, Cor! =%B>E Bho stated that
he has an 9""le i$hone that he had 7o856t a 1o8)le of 3ea/ a5o 2or H3,,.
=%B>E had /et 6i/ )6o4e !o24 o4 a 1o41ete 2all in the "laLa at a4! 2a/
/0ate7oa!i45 a))oEi(atel3 #* feet a2a3 fo( it.
=oAle, at least according to the <ersion =oAle rela!ed to %22icer Duralde, had set his "hone
doBn and Bas onl! (+ 2eet aBa! 2rom Bhere he set it...4oBe<er, i2 that Bere true, then Bh! didnFt
=oAle claim the "hone 2rom the unidenti2ied man Bhen, as admitted A! Zarate and =oAleFs
associate Nicole 8atson, the man held the i$hone alo2t and loudl! "roclaimed to those in the sDate
"laLa that he Bould taDe the i$hone and CthroB it in the ri<erC i2 someone did not claim it
immediatel!N Could it Ae that =oAle Bas not a mere (+ 2eet aBa!, Aut rather, Bas o22 in his 5ee"
doing something that su22icientl! distracted his attention 2rom the i$hone he a""arentl! aAandoned
on a slaA o2 doBntoBn )eno concreteN Did taDe o<er 9, seconds 2or =oAle and his tBo associates
to a""roach CoughlinN Did =oAle reall! CrunC a2ter Coughlin and asD 2or his "hone AacD, or did
=oAle gather tBo Aelligerent, menacing associates to a""roach Coughlin in a grou" o2 three
demanding to see Bhat Bas in CoughlinFs "ocDetsN
COUNT T9O.
NRS &:*.&%* Offe4/e i4volvi45 /tole4 )o)et3. Defi4itio4;
)e4alt3; e/tit8tio4; )i(a fa1ie evi!e41e; !ete(i4atio4 of val8e
of )o)et3.
C(. 9 "erson commits an o22ense in<ol<ing stolen "ro"ert! i2 the
"erson, 2or his or her oBn gain or to "re<ent the oBner 2rom again
"ossessing the oBnerSs "ro"ert!, 783/" e1eive/" )o//e//e/ o
2it66ol!/ )o)et3:
a# F4o2i45 that it is /tole4 )o)et3; or
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A# U4!e /816 1i18(/ta41e/ as should ha<e 1a8/e! a
ea/o4a7le )e/o4 to 04o2 that it is /tole4 )o)et3...
... '. .or the "ur"oses o2 this section, the <alue o2 the "ro"ert!
in<ol<ed shall Ae deemed to Ae the highest <alue attriAutaAle to the
"ro"ert! A! an! reasonaAle standard.
7. 9s used in this section, Tstolen "ro"ert!U means "ro"ert! that
has Aeen taDen 2rom its oBner A! larcen!, roAAer!, Aurglar!,
emAeLLlement, the2t or an! other o22ense that is a crime against
"ro"ert!, Bhether or not the "erson Bho committed the taDing is or has
Aeen "rosecuted or con<icted 2or the o22ense.C
-he Com"laint does not allege an! 2acts to suggest that Coughlin DneB or should ha<e
DnoBn the i$hone to Ae Cstolen "ro"ert!C. No "roAaAle cause. -here is nothing in the Com"laint to
suggest the i$hone Bas gi<en to Coughlin A! someone Bhom had CstolenC it or that Couglin
Crecei<edC the i$hone 2rom someone Bhom had stolen it. 3t almost a""ears that the District
9ttorne! is seeDing to
S8ffi1ie413 of i4!i1t(e4t -rial court did not aAuse its discretion in dismissing Bithout
"reGudice, on grounds o2 la10 of /)e1ifi1it3, indictment o2 2our de2endants 2or the2t in connection
Bith gold reco<er! in<estment o22ering, though arguaAl! indictment could Ae read as alleging the2t
A! material misre"resentation, as indictment lacDed s"eci2icit! Bith regard to Bhich de2endant
allegedl! made Bhich misre"resentation, and 7tate had Aeen re"eatedl! told its charging documents
Bere de2ecti<e or <ague. N.).7. (73.,7+, 0,+. ,*303#. 7tate <. 4ancocD, (99*, 9++ $.0d (*3, ((4
Ne<. ('(.
DD9 :oung maDes no allegation that the unidenti2ied man Bhom threatened to taDe the
i$hone and CthroB it in the ri<erC Cstole the i$hone. %therBise, it seems DD9 :oung is suggesting
Coughlin Ccommits an o22ense in<ol<ing stolen "ro"ert! i2 the "erson, 2or his or her oBn gain or to
"re<ent the oBner 2rom again "ossessing the oBnerSs "ro"ert!, Au!s, recei<es, "ossesses or
Bithholds "ro"ert!C 2rom himsel2, rather than the unidenti2ied man. 4oBe<er 0,+.07+, also
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requires that Coughlin did so: C a# EnoBing that it is stolen "ro"ert!; or A# 6nder such circumstances as
should ha<e caused a reasonaAle "erson to DnoB that it is stolen "ro"ert!.C
DD9 :oungFs 9mended Com"laint "ro<ides no su""ort in an! Ba! to suggest that the
unidenti2ied man stole the i$hone. 3ndeed. Nicole 8atson admits the man noti2ied the indi<iduals
congregating in the sDate "laLa that he Bished to see someone claim the i$hone. -here certainl! is
not su""ort 2or, nor has there Aeen an! suggestion that this unidenti2ied man CstoleC the i$hone. 7o,
that lea<es DD9 :oung to suggest Coughlin CstoleC the i$hone, then Crecei<edC or CAoughtC the
i$hone 2rom himsel2. -hat is Gust too tortured an a""roach. DD9 :oung must sim"l! seeD to
con<ict Coughlin o2 "etit larcen! under those circumstances.
9ctuall!, the indictiment and Com"laint is insu22icient here, as aAsolutel! no 2acts are
alleged or set 2orth to 2lesh out each o2 the elements o2 an N)7 0,+.07+ "ossession o2 stolen
"ro"ert! charge. DD9 :oung has a dut! under the )ules o2 $ro2essional Conduct to maDe sure
there are such 2acts alleged:
Ne<ada )$C )uleV3.*VV7"ecial )es"onsiAilities o2 a $rosecutor.VVC-he
"rosecutor in a criminal case shall:
a#V)e2rain 2rom "rosecuting a charge that the "rosecutor DnoBs is not su""orted
A! "roAaAle cause;C
DDA Yo845A/ De1e(7e *t6" &:## A(e4!e! Co()lai4t ea!/:
CC%6N- 33. $%77E773%N %. 7-%>EN $)%$E)-:, a <iolation o2 N)7 0,+.07+,
a misdemeanor, in the manner 2olloBing, to Bit:
-hat the said de2endant on or aAout the 0,th da! o2 9ugust, 0,((, at )eno
-oBnshi", Bithin the Count! o2 8ashoe, 7tate o2 Ne<ada, !i! 2illf8ll3 a4!
84la2f8ll3 )o//e// o 2it66ol! /tole4 5oo!/ ha<ing a <alue less than -Bo 4undred
.i2t! Dollars H0+,.,,#, to 2it: an i$hone, at or near ( North Center 7treet, )eno,
8ashoe Count!, Ne<ada, such "ro"ert! Aeing oBned A! C%): =%B>E, 2or his oBn
gain or to "re<ent the true oBner 2rom again "ossessing said "ro"ert!, 04o2i45 t6at
t6e )o)et3 2a/ o7tai4e! 73 (ea4/ of la1e43 o 84!e /816 1i18(/ta41e/ a/
/6o8l! 6ave 1a8/e! a ea/o4a7le (a4 to 04o2 t6at /816 5oo!/ 2ee /o o7tai4e!.
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4oBe<er, as shoBn aAo<e, DD9 :oungFs 9mended Com"laint sim"l! 2ails to
s"eci2! in an! Ba! Bhatsoe<er Bhom CstoleC the "ro"ert! or hoB Coughlin CDneBC or under
Bhat circumstances Coughlin Cshould ha<e DnoBn that such goods Bere so oAtainedC A!
Clarcen!C. 3t is "reGudicial to alloB such a de2icient 9mended Com"laint to stand.
CBernier Bas ordered to stand trial 2or "ossession o2 stolen "ro"ert!, a
<iolation o2 N)7 0,+.07+. Bernier then "etitioned 2or a Brit o2 haAeas cor"us
contending the e<idence adduced A! the "rosecution Bas insu22icient to estaAlish
"roAaAle cause that she had committed the charged o22ense. -he district court
considered and denied her "etition and Bernier here reasserts the same contention.
Bernier does not den! ha<ing "ossessed the "ro"ert!; rather, she argues the "roo2
did not shoB that she DneB the "ro"ert! Bas stolen and that such DnoBledge
cannot Ae in2erred 2rom mere "ossession. 8e agree that mere "ossession is
insu22icient to estaAlish the requisite DnoBledge; hoBe<er, "ossession is a 2act
Bhich ma! Ae considered Bith all other 2acts A! a reasonaAle "erson in
2ormulating a strong sus"icion that Bernier DneB the "ro"ert! Bas stolen. 7ee
7taaA <. 7tate, 9, Ne<. 347, +0' $.0d 33* (974#C BE)N3E) <. 74E)3..,
C>9)E C%6N-:, +'9 $.0d 4,' (977#.
C8iechers Bas ordered to stand trial on...N)7 0,+.07+... he contends...
the state 2ailed to "roduce su22icient e<idence to estaAlish "roAaAle cause that he
committed the charged o22enses. 8e agree. ... testi2ied that at no time did the! tell
8iechers that the engines Bere stolen. -he record shoBs the testimon!...Bas
gi<en in e/change 2or the "rosecutorFs agreement, inter alia, to a22ord them "artial
immunit! and other s"ecial considerations. -his record is Aarren o2 an! in2erence
or suggestion that 8iechers Bas im"licated in an! manner in O or Bith O the
VolDsBagen the2t ring; and, in 2act, it a22irmati<el! shoBs that he had no
DnoBledge that the engines had Aeen stolen.( 7ee 7taaA <. 7tate, 9, Ne<. 347, +0'
$.0d 33* (974#. .urthermore, 8iechers "aid 2or the stolen engines in the
ordinar! course o2 Ausiness Bith his CregularC Ausiness checDs. -his conduct
alone a""ears to us to Ae inconsistent Bith the stateFs argument that 8iechers
DneB o2 and "artici"ated in the charged criminal acti<it!. 9ccordingl!, Be
conclude the state did not meets its Aurden o2 shoBing "roAaAle cause, as required
A! . 83EC4E)7 <. 74E)3.., 8974%E C%6N-:, +43 $.0d (347 (97+#.
7imilarl!, Coughlin himsel2 called 9((. Nothing on the ta"e o2 the arrest can Ae said to
demonstrate Coughlin re2using an! instruction o2 the )$D. )ather, Coughlin asDed a 7ocratic st!le
question and the )$D o22icer told Coughlin to sto" talDing. Coughlin Bould ha<e Aeen suAGect to a
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disturAing the "eace charge had he 2ailed to 2olloB the %22icerFs instruction. -here is sim"l! no
e<idence to su""ort an! o2 the elements o2 the crime charged conclusi<el!.
7taaA <. 7tate, 9, Ne<. 347, 3+,, +0' $.0d 33*, 34, (974#: C3t is the 2act o2
"ossession that "ro<ides the in2erence o2 guilt, an in2erence Bhich is 2ounded on the
mani2est reason that Bhen goods ha<e Aeen taDen 2rom one "erson and are quicDl!
therea2ter 2ound in the "ossession o2 another there is a strong "roAaAilit! that the!
Bere taDen A! the latter. 7tate <. :oung, 0(7 7o.0d +'7 .la. (9'*#. 8einstocDFs
"rior oBnershi" Bas clearl! estaAlished and 7taaAFs "ossession under all
circumstances raised the in2erence o2 guilt that Bas le2t une/"lained.C
-he i$hone Bas not taDen 2rom =oAle. )egardless o2 Bhich o2 the <ersions =oAle gi<es that
!ou go A! in his 9(( call he sa!s he Bas in his 5ee", Bhich Bas Cright thereC, Bhile in his 8itness
7tatement he indicates he Bas standing aAout (+ 2eet aBa! 2rom Bhere he set his "hone doBn#, it is
clear that the "hone Bas not CtaDen 2romC =oAle. Zarate, according to Duralde 7u""lementar!
Declaration sa!s the "hone Bas graAAed 2rom the ledge, Aut then Zarate, in his 8itness 7tatement
sa!s the "hone Bas gi<en to Coughlin A! the unidenti2ied man, the same man Nicole 8atson admits
on the ta"e o2 9ugust 07th, 0,(( that she heard and saB hold the i$hone alo2t and threaten to CthroB
it in the ri<erC i2 someone didnFt claim it immediatel! on the <ideo, Zarate is then seen "ulling
8atson aside, BalDing her aBa! 2rom the camera, and, seemingl!, dissuading her 2rom 2urther
undermining ZarateFs crediAilit! Bith her oBn statements, Bhich are a <ast de"arture 2rom ZarateFs
to the )$D#.
Dutton <. 7tate, 94 Ne<. 4'(, +*( $.0d *+' (97*#: C4ere Dutton claimed
he did not "ersonall! "ossess the stolen camera, and did not ha<e s"eci2ic
DnoBledge that it Bas stolen... 8e there2ore "ercei<e no error A! the district court
in admitting the e<idence to shoB Aoth the circumstances surrounding the
transaction, and DuttonFs DnoBledge o2 the stolen character o2 the goods. 0.
Dutton ne/t claims the e<idence Bas insu22icient to sustain the con<iction,
Aecause the 7tate 2ailed to "ro<e he DneB the camera Bas stolen,...3n order to
sustain a con<iction 2or "ossession o2 stolen "ro"ert! the 7tate must shoB: (# the
"ro"ert! Bas in 2act stolen, 0# the "ro"ert! Bas "ossessed A! the accused Bith
DnoBledge that it Bas stolen at the time o2 "ossession, and 3# the "ro"ert! Bas
"ossessed A! him Bith the 2elonious intent o2 de"ri<ing the true oBner o2 the
"ro"ert!. ...CEnoBledge that "ro"ert! Bas stolen can seldom Ae "ro<ed A! direct
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e<idence and resort must o2ten Ae made to circumstantial e<idence.... -here is
aAundant corroAoration in the instant case: the camera Bas sold at a grossl!
inadequate "rice; Dutton engaged in 2urti<e conduct in negotiating Bith the
underco<er o22icer; he DneB the dealer Bas a 2ence; and con2licts Bere "resent in
his testimon! dealing Bith his reasons 2or coming to 9cme.C
7imilarl!, Coughlin himsel2 called 9(( re"orting the <iolent, threatening, and menacing
Aeha<ior o2 =oAle et al. Nothing on the ta"e o2 the arrest can Ae said to demonstrate Coughlin
re2using an! instruction o2 the )$D. )ather, Coughlin asDed a 7ocratic st!le question and the )$D
o22icer told Coughlin to sto" talDing. Coughlin Bould ha<e Aeen suAGect to a disturAing the "eace
charge had he 2ailed to 2olloB the %22icerFs instruction. -here is sim"l! no e<idence to su""ort an!
o2 the elements o2 the crime charged conclusi<el!. -o sa! CoughlinFs inquiring as to Bhether he
might ha<e an! Constituional right to re2rain 2rom o"ening his "ocDets to an! "olice o22icer Bhom
might liDe to see Bhat are in them, regardless o2 hoB shaD! and inconsistent the su""osed
statements su""orting the "roAaAle cause are noAod! is talDing aAout hoB a man CsocDed a minorC
noB, or e<en u"on the arri<al o2 the )$D...Zarate et alFs statements are ri2e Bith inconsistencies, as
are the ta"es o2 =oAleFs 9(( calls, etc.
SUPPRESSION MOTION
8hat seems clear 2rom re<ieBing %22icer DuraldeFs Narrati<e in his 9rrest )e"ort is a clear
retaliator! Aent A! Duralde to taDe re<enege u"on the laB!er Bho Bould dare suggest a detainee
might ha<e some sort o2 rights and that there e/ists some actual standard the )$D must meet "rior to
conducting a search incident to arrest. -hat Narrti<e reads:
C3 contacted de2endant Zachar! C%6=4>3N, Bho 2it the descri"tion o2 the
sus"ect and Bas "ointed out A! the "eo"le in the grou". 3 told him that i2 he had
someone elseFs "hone that Be might Ae aAle to settle the issue A! him Gust gi<ing
the "hone AacD. C%6=4>3N re"lied A! sa!ing that 3 did not ha<e enough
in2ormation 2or a -err! sto". 3 told C%6=4>3N that 3 did ha<e enough
in2ormation 2or a -err! sto" and asDed him again i2 he had the "hone.
C%6=4>3N then asDed me i2 he had the right to not ansBer m! question and 3
in2ormed him that he did ha<e that right. C%6=4>3N Bas Bearing Aagg!
clothing that could conceal a Bea"on according to m! training and e/"erience.3
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then asDed C%6=4>3N to stand u" and mo<e aBa! 2rom the grou" o2 "eo"le that
had Aeen detaining him. C%6=4>3N com"lied and 3 "er2ormed a "at search 2or
Bea"ons.C
9s the <ideo o2 the arrest demonstrates, Coughlin Bas actuall! Bearing a thin t1shirt and a
thin "air o2 Bhite and Alue "laid summer shorts Bith onl! the t!"ical one "ocDet "er side. Not cargo
shorts, Gust thin Bhite cotton Bith Alue "laid regular old gu! shorts. 7o, in other Bords, %22icer
DuraldeFs Ctraining and e/"erienceC teaches him that he can "rett! much Gusti2! "atting all o<er
someAod! an!times he 2eels liDe it es"eciall! i2 the sus"ect tries to suggest he might ha<e some
CrightsC#, as long as Duralde maDes mention o2 the CAagg! clothingC the sus"ect had on, and the
CAagg! clothing that could conceal a Bea"on according to his# training and e/"erienceC. 9 similar
gaming o2 the s!stem is re<ealed in Duralde o<ercharging Coughlin 2or a 2elon!, 2or a three and a
hal2 !ear old i$hone that Bas Aarel! Borth H3,, neB, and Bhich Bould ha<e onl! Aeen Borth
a""ro/imatel! H'+.,, at the time o2 the arrest, assuming it Bas in good condition and Bould come
Bith a short Barrant! u"on "urchase, Bhich is not clear at all.
NRS #%#.#'+ 96e4 ae/t (a3 7e (a!e:
C (. 32 the o22ense charged is a 2elon! or gross misdemeanor, the arrest ma! Ae
made on an! da!, and at an! time o2 da! or night.
0. 32 it is a misdemeanor, the arrest cannot Ae made AetBeen the hours o2 7 ".m.
and 7 a.m., e/ce"t:
a# 6"on the direction o2 a magistrate, endorsed u"on the Barrant;
A# 96e4 t6e offe4/e i/ 1o((itte! i4 t6e )e/e41e of t6e ae/ti45
offi1e;...
d# 8hen the o22ense is committed in the "resence o2 a "ri<ate "erson and
the "erson maDes an arrest i((e!iatel3 a2ter the o22ense is committed;
3t Bould Ae inaccurate to suggest =oAle et al made a citiLens arrest. -he <ideo 2rom Gust
"rior to the )$D arri<ing demonstrate as do the )$D dis"atch records# that Coughlin himsel2 made
a 9(( call and , on the <ideo, Coughlin is heard suggesting e<er!one rela/ and Bait 2or the "olice to
arri<e in a "eace2ul a""roach to resol<ing the situation. -hat Aeing the case, %22icer Duralde and
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this is Aelied A! the smug commentar! he made to Coughlin indicating as much# Bas le2t
o<ercharging the crime A! in2lating the <alue o2 the i$hone# su22icient to maDe a 2elon! charge,
thereA! o<ercoming the "roAlem Bith the 2act that, as it Bas a2ter 7 ".m., and the alleged o22ense
Bas not Ccommitted in the "resence o2 the arresting o22icerC, %22icer Duralde Bould ha<e otherBise
Aeen aAle onl! to issue a citation, rather than conduct a search incident to arrest and a custodial
arrest much less in2late CoughlinFs Aail and cause Coughlin the greater emAarassment o2 a 2elon!
arrest on his record, all added Aene2its to charging Coughlin Bith a 2elon! that Coughlin o"enl! and
smugl! remarDed on to Coughlin. But, %22icer DuradleFs cle<er gaming o2 the s!stem Bas not o<er
!et. Ne/t he attem"ts to e/cuse his 2ailure to countenance an! o2 CoughlinFs com"laints o2 assault
and Aatter! A! the grou" o2 aggressi<e !ouths, Bhile Bea<ing in a CcitiLenFs arrestC rationale that no
one else had managed to suggest at that "oint, certainl! not =oAle and his 2riends. 9ctuall!, =oAleFs
9(( calls sa!s Gust the o""osite, ie, that Coughlin Cis Aeing su"er aggressi<e and gi<en us all sorts o2
trouAleC. DuraldeFs Narrati<e continues:
C9s 3 checked C%6=4>3NFs le2t 2ront shorts "ocDet, he !elled loudl! that 3 had
Gust graAAed his "enis. 3 could 2eel an oAGect resemAling a "hone in the "ocDet Aut
not a "enis. 9s C%6=4>3N Bas tr!ing to maDe a scene a4! 2a/ ve3 6e/ita4t
to follo2 t6e !ie1tio4/ t6at I 2a/ 5ivi45 6i(, 3 "laced him in handcu22s.
%22icers 9>9E79 and )%79 Bere there Bith me at that time.
Duralde ne<er gets around to mentioning, s"eci2icall!, Gust hoB and aAout Bhat Coughlin
Bas Aeing C<er! hesitant to 2olloB the directions thatC he Bas Cgi<ing himC. 5ust e/actl! hoB Bas
Coughlin CAeing hesitantC. 32 a detainee has a "roAlem Bith an %22icerFs Aare hands touching the
sDin on his "enis, does that mean the detainee is Ctr!ing to maDe a sceneCN 9""arentl! this Aeing
C<er! hesitant to 2olloB the directionC Duralde Bas gi<ing Coughlin Bas alarming enough to Gusti2!
Duradle then "lacing Coughlin in hand cu22s, a""ro/imatel! one minute into Duralde arri<ing on
the scene. %22icer Duralde 2ails to mention in his Narrati<e Bhat the <ideoRaudio o2 the arrest
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demonstrates occuring at this time, ie, that Coughlin, at the 3:4+ minute marD o2 the + minute (7
second <ideo o2 the arrest can Ae heard asDing the )$D Cdo !ou ha<e the right to Ae going through
m! "ocDets right noBNC. -his Cgoing throughC o2 the "ocDets Bould ha<e Aeen occurring Bhile
Coughlin Bas handcu22ed as indicated in DuradleFs re"ort, Aut still onl! Aeing CdetainedC. 7o,
according to these o22icers, one can Ae handcu22ed and ha<e the "olice going through the contents
o2 their "ocDets not Gust mani"ulating the e/terior o2 their clothing under some tortured a""lication
o2 the C"lain 2eelC doctrine# Bithout that Aeing, technicall!, a Csearch incident to arrestC. DuraldeFs
Narrti<e continues on to demonstrate Duralde seemingl! reading a "h!sical inGur! element into the
crime o2 assault rather than Gust mere a""rehension o2 immediate and suAstantial Aodil! harm# in
demang that Coughlin "ro<ide some "roo2 o2 "h!sical inGuries to Duralde Ae2ore CoughlinFs
allegations regarding the misconduct o2 =oAle et al Bould Ae gi<en an!Bhere near the attention
=oAleFs allegation Bhere Aeing gi<en A! Duralde at that time. =oAle, hoBe<er, did not trouAle
%22icer Duralde Bith an! "esD! allusions to oneFs Constitutional )ights, so, "erha"s, that could
e/"lain the seemingl! di22ering standards o2 "roo2 %22icer Duralde a""lies to allegation "resented
to him A! dis"uting "arties::
CC%6=4>3N then stated that he had Aeen a//a8lte! A! the grou" o2 "eo"le Bho
Bere Bith the vi1ti(. 3 asDed C%6=4>3N i2 6e 6a! a43 i4@8ie/ to /87/ta4tiate
t6e 1lai( and he stated that he did not. 3 then in2ormed C%6=4>3N t6at t6e3
6a! le5al a8t6oit3 to !etai4 6i( as he had Aeen o7/eve! ta0i45 t6e )6o4e.
C%6=4>3N continued to sa! that he Banted to "ress charges 2or assault against
the "eo"le Bho had detained him.C
8hat is interesting is that Duralde does not 2ind Coughlin Chad legal authorit!C to "ress
charges against those Bho assaulted him as the! has C"laced him in imminent 2ear o2 suAstantial
Aodil! harmC, e<en though Coughlin had CoAser<edC them doing so. 3t Gust seems liDe, once one
in<oDes an! sort o2 Constitutional )ight, )$D %22icers o2 DuraldeFs ilD get e/ceedingl! cle<er in
e/cising an! sort o2 rights one might Bish to assert 2rom those a<ailaAle to an!one Bho doesnFt so
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assert a Constitutional )ight at some "oint in the interaction. 9nd that is te/tAooD retaliation.
)etaliator! arrest. )etaliator! "rosecution. DuraldeFs Narrati<e continues:
C3 le2t C%6=4>3N Bith %22icers 9>9E79 and )%79 so that 3 could continue
Bith m! in<estigation. Ne/t 3 s"oDe to the <ictim, Cor! =%B>E Bho stated that
he has an 9""le i$hone that he had 7o856t a 1o8)le of 3ea/ a5o 2or H3,,.
=%B>E had /et 6i/ )6o4e !o24 o4 a 1o41ete 2all in the "laLa at a4! 2a/
/0ate7oa!i45 a))oEi(atel3 #* feet a2a3 fo( it. =%B>EFs 2riend, Nathaniel
BARATE, then in2ormed him that COUGCLIN 6a! @8/t 2al0e! 73 a4! ta0e4
GOBLEA/ )6o4e... 3 ne/t s"oDe Bith BARATE Bho 1o4fi(e! t6at 6e 6a!
o7/eve! COUGCLIN ta0e GOBLEA/ )6o4e fo( 26ee GOBLE 6a! /et it
!o24, and then oAser<ed C%6=4>3N "ut it in his left 2ront shorts "ocDet. 3
oAtained =%B>EFs cellular "hone numAer and called the numAer 2rom another
"hone. 3 heard a <iArating noise coming 2rom C%6=4>3NFs le2t 2ront "ocDet and
touched the outside o2 his shorts Bhere 3 had "re<iousl! 2elt the "hone 3 could 2eel
the "hone <iArating. 3 then sto""ed calling =%B>EFs "hone 2rom the se"arate
"hone and the "hone in C%6=4 >3NFs "ocDet sto""ed <iArating. 3 then "laced
C%6=4>3N under arrest 2or =rand >arcen!, as he had taDen the "ro"ert! o2
another "erson <alued aAo<e H0+,.C
CONCLUSION
-he undersigned hereA! request this Court consider these materials "resented herein in
deciding u"on this matter.
I !e1lae" )8/8a4t to NRS *'.:$*" 84!e )e4alt3 of )e@83 84!e t6e la2/ of t6e State
of Neva!a t6at t6e foe5oi45 i/ t8e a4! 1oe1t a4! t6at t6i/ !o18(e4t !oe/ 4ot 1o4tai4 a43
/o1ial /e18it3 48(7e/" )8/8a4t to NRS &'-B.:':" a4 affi(atio4 to t6at effe1t t6i/ 6ee73 i/.
D9-ED this 0*th o2 9ugust, 0,(0:
WRsR Zach Coughlin
Zach Coughlin, Esq.
De2endantR Co1Counsel 2or Coughlin
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$)%%. %. 7E)V3CE
%n this date, 3 caused a co"! o2 the 2oregoing document s to Ae ser<ed u"on the 2olloBing A!
sending to their registered email address and 2a/ numAer as 2ound on BBB.n<Aar.org, hand deli<er!
to dro"slot or 2ront desD, and A! "lacing a true and correct co"! o2 the 2oregoing document in the
6.7. mail addressed to:
Zachar! N. :oung, Esq.
8ashoe Count! D9
( 7outh 7ierra $.%. Bo/ 3,,*3
)eno , NV *9+0,
$hone NumAer: 77+130*130,, .a/ numAer: 77+130+1'7,3
Email: L!oungXda.Bashoecount!.us
5im >elsie, Esq.
8ashoe Count! $uAlic De2enderFs %22ice
$.%. Bo/ 3,,*3 )eno , NV *9+,9
$hone NumAer: 77+133714*'* .a/ numAer: 77+133714*+'
Email: GleslieXBashoecount!.us
5E)E?: -. B%7>E), Esq.
Bar No. 490+
%ne Cali2ornia 9<e
)eno, NV *9+,9
77+# 33714*,,
9ttorne!s 2or De2endant
D9-ED this 0*th o2 9ugust, 0,(0:
RsR Zach Coughlin
Zach Coughlin, Esq.
De2endantR Co1Counsel 2or Coughlin
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_

COUNSEL; MOTION DISMISS;
SUPPRESS;
COURT
Dismiss, Su
p
ress.
25
'
. , . "
Document Code:
Zach Coughlin, Esq.
1
2
Nevada Bar No: 473
PO BOX 31
3
Reno, NV 8505
Tele: 775-J38-8118 , ,
Fa: 4-7-7402
4
5
Attorey for Pro Se Attorey Plaintif
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7 IN THE RENO MUNICIPAL COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
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9
lTV OF RENO;
)
J0
|
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PLAITIFF,
)
Case No: I1 CR 2405
vs.
12
J
13
ACH COUGHLIN;
)
Dept No: 2
14
)
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DEFENDANT.

)
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NOTICE OF APPEARANCE AS TO MOTION TO
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MOTION FOR A CONTINUANCE OF TRIAL AND TRANSFER TO MENTAL
19
HEALTH
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COMES NOW, Defendant, Zach Coughlin, by and throug himself as co-counsel to
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Defendant and fles the above title document on his own behalf RMC Judge Nash Hoimes, in
22
conjunction with materials provided to Hon. RMC Judge William Gardner by his sister, Hon. WDC
23
Judge Linda Gardner has request the State Bar of Nevada to perform a competency evaluation or
24
disability petition of some sort, utilizing copies of motions submitted by the undersigned in the
26
instant c. As such, a continuance is appropriate pending the outcome of that State Bar inquiry,
27
and further, preserved for appeal here, a respectful request is made that this Honorable Court
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- I -
Motion to Motion to Motion for Continuance
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Document Code:
Zach Coughlin, Esq.
Nevada Bar No: 9473
! B!" 39#$
%eno, N& '9()(
*ele: 77(+33'+'$$'
,a-: 949+##7+74).
/ttorne0 1or ro 2e /ttorne0 lainti11
3N *4E %EN! 56N3C3/7 C!6%* !, *4E 2*/*E !, NE&/D/
3N /ND ,!% *4E C!6N*8 !, 9/24!E
C3*8 !, %EN!: <
<
<
7/3N*3,,, < Case No:$$ C% .#4)(
vs. <
<
Z/C4 C!6;473N: < De=t No: .
<
<
DE,END/N*. <
<
NOTICE OF APPEARANCE AS COUNSEL; MOTION TO DISMISS; MOTION TO
SUPPRESS; MOTION FOR A CONTINUANCE OF TRIAL AND TRANSFER TO MENTAL
HEALTH COURT
C!5E2 N!9, De1endant, Zach Coughlin, >0 and through himsel1 as co+counsel to
De1endant and 1iles the a>ove title document on his o?n >ehal1. %5C @udge Nash 4olmes, in
conAunction ?ith materials =rovided to 4on. %5C @udge 9illiam ;ardner >0 his sister, 4on. 9DC
@udge 7inda ;ardner has request the 2tate Bar o1 Nevada to =er1orm a com=etenc0 evaluation or
disa>ilit0 =etition o1 some sort, utiliBing co=ies o1 motions su>mitted >0 the undersigned in the
instant case. /s such, a continuance is a==ro=riate =ending the outcome o1 that 2tate Bar inquir0,
and 1urther, =reserved 1or a==eal here, a res=ect1ul request is made that this 4onora>le Court
+ $ +
Motion to Dismiss, Motion to Suppress, Motion for Continuane
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consider ?hether a recusal might >e in order given the 1amilial relationshi= it has ?ith a Audge ?hose
!rder 1or 2anctions ?as su>mitted to Bar Counsel 1or consternation, liCel0, >0 ?a0 o1 this 4onora>le
CourtDs delivering it to @udge Nash 4olmes, and she deliver0ing it to Bar Counsel.
LE!AL AR!UMENT
Memorandum of Law in Support of Motion to Dismiss the Complaint, Motion to
Suppress, and Motion for Continuance
Introduction
The defendant, Zach Coughlin ("Coughlin") is charged with criminal trespass under
the Reno Municipal Code (RMC) 8.1.1 . The factual allegations in the complaint are
insufficient to support such a charge, as such this matter should !e dismissed.
A" T#e Compa$int fai$s to esta%$is# pro%a%$e ause %eause it fai$s to a$$e&e t#at t#ere 'as
suffiient ('arnin&( not to remain at t#e propert) after %ein& to$* not to *o so an* or t#at
Cou&#$in *i* not #a+e a ri&#t to %e t#ere"
*he summar0 eviction order ?as not a==ro=riatel0 served under N%C #, ?hich is e-=ressl0
made a==lica>le to civil landlord tenant eviction matters, commercial or residential, in N%2 4).4)):
N%2 4).4)): %ules o1 =ractice. *he =rovisions o1 N%2, Nevada %ules o1 Civil
rocedure and Nevada %ules o1 /==ellate rocedure relative to civil actions,
a==eals and ne? trials, so 1ar as the0 are not inconsistent ?ith the =rovisions o1
N%2 4)...) to 4).4.), inclusive, a==l0 to the =roceedings mentioned in those
sections.
,urther, there e-ists a ?ealth o1 =recedent in su==ort o1 the =osition that an eviction is not a
E?arningE su11icient to su==ort a criminal tres=ass charge. ,urther, 9ashoe Count0 2heri11Ds !11ice
2u=ervisor 7iB 2tuchell has admitted in ?riting that 9C2! De=ut0 5achem signed his a11idavit o1
service, attesting that he =ersonall0 served Coughlin the 2ummar0 Eviction !rder, ?hen in 1act he
onl0 allegedl0 =laced a co=0 o1 it on the door o1 the la? o11ice. /s such, an0 locCout occurring on
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Novem>er $, .)$$ as done =rior to the constructive service required >0 N%C #Fe< >eing e11ectuated,
and ?as a ?rong1ul locCout. ,urther, the 1act that, the %eno @ustice Court ?as still holding on to
some G.,.7( o1 CoughlinDs mone0, ?hen N%2 $$'/.3'( =rovides that Coughlin, as a tenant ?hose
rent ?as less than G$,))), should get a sta0 o1 eviction u=on de=ositing a mere G.() ?ith the %@C.
4ere, nearl0 ten times that amount ?as, at 1irst, im=ro=erl0 required as a Erent escro?E de=ositing,
des=ite the 1act that @C%C '4 and N%2 4)..(3F#< 1or>ids the %@C 1rom so doing a>sent the %@C
=u>lishing and getting a==roved a corollar0 to @C%7& 44, ?hich does =rovide 1or such rent escro?
de=osits in the conte-t o1 a summar0 eviction =roceeding. 9C2! 2tuchell has admitted in ?riting
that 5achem and her o11ice inter=ret the legal =hrase E=ersonall0 servedE to >e something other than
giving the =erson to >e served the documents ?hile that =erson is in the =resence o1 the =rocess
server. *his is contrar0 to longstanding =recedent in legal circles.
%ichard ;. 4ill, Esq. liCes to argue that 3 ?as EservedE in com=liance ?ith all time related rules >ecause it ?as
done in the Eusual custom and =ractice o1 the 9C2!. 9hat, e-actl0, is the Eusual custom and =ractice o1 the 9C2!H 3
hear a lot a>out this E?ithin .4 hoursE stu11.
*his ?hole >usiness a>out I*he court ma0 thereu=on issue an order directing the sheri11 or consta>le o1 the
count0 to remove the tenant ?ithin .4 hours a1ter recei=t o1 the order...J is ina==lica>le to this situation, ?here an !rder
;ranting 2ummar0 Eviction ?as signed >0 !cto>er .7th, .)$$. *hat language is onl0 1ound in situations ina==lica>le to
the current one. N%2 4)..(3F3<F><F.<, and N%2 4)..(3F(<Fa< are the onl0 sections o1 N%2 4) ?here this I?ithin .4
hoursJ language occurs, and those situations onl0 a==l0 ?here, in:
4)..(3F3<F><F.<: I 3. / notice served =ursuant to su>section $ or . must: ...F>< /dvise the tenant: K. F.< *hat i1 the court
determines that the tenant is guilt0 o1 an unla?1ul detainer, the court ma0 issue a summar0 order 1or removal o1 the tenant
or an order =roviding 1or the nonadmittance o1 the tenant, directing the sheri11 or consta>le o1 the count0 to remove the
tenant ?ithin .4 hours a1ter recei=t o1 the orderJ
and,
4)..(3F(<Fa<: I(. 6=on noncom=liance ?ith the notice: Fa< *he landlord or the landlordLs agent ma0 a==l0 >0 a11idavit o1
com=laint 1or eviction to the Austice court o1 the to?nshi= in ?hich the d?elling, a=artment, mo>ile home or commercial
=remises are located or to the district court o1 the count0 in ?hich the d?elling, a=artment, mo>ile home or commercial
=remises are located, ?hichever has Aurisdiction over the matter. *he court ma0 thereu=on issue an order directing the
sheri11 or consta>le o1 the count0 to remove the tenant ?ithin .4 hours a1ter recei=t o1 the order.J
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*he ?a0 these summar0 eviction =roceedings are >eing carried out in %eno @ustice Court =resentl0 shocCs the conscience
and violates Nevada la?. *here is not >asis 1or e11ectuating a locCout the ?a0 9C2!Ds De=ut0 5achem did in this case.
*he a>ove t?o sections containing the I?ithin .4 hours o1 recei=tJ language are ina==lica>le, as those situations do not
invoCe the =resent circumstances, ?here the *enant did 1ile an /11idavit and did contest this matter. ,urther, as the
/nvui case sho?s, ?here it ?as dis=uted ?hether the 7ease /greement had EterminatedE or Eautomaticall0 rene?edE
there is su==ort 1or the =osition that a ( da0 sta0 =eriod is required >0 la?.
*o require NevadaDs tenants to get u= and get out I?ithin .4 hoursJ o1 Irecei=t o1 the orderJ F?hat does that
even meanH *he use o1 terms liCe IrenditionJ, IrenderedJ, Inotice o1 entr0J, I=ronouncedJ, is a>sent here, and this
Irecei=t o1 the orderJ language is something rarel0 1ound else?here in Nevada la?+see attached D5& statutor0 citations,
and in em=lo0ment la? litigations ?here one must 1ile a Com=laint ?ithin 9) da0s o1 Irecei=tJ o1 a %ight *o 2ue 7etter,
a situation ?hich 1ollo?s N%C (F><, and N%C #Fe< in im=uting recei=t o1 such a letter, ?hen actual recei=t is not
sho?n, >0 a==l0ing a Iconstructive noticeJ standard that relies u=on the da0s 1or mailing e-tension o1 time 1or items
served in the mailing, etc.<. ,or the saCe o1 analog0, in />raham v. 9oods 4ole !ceanogra=hic 3nstitute, ((3 ,.3d $$4
F$st Cir. .))9<, the record did not re1lect ?hen the =lainti11 received his right+to+sue letter. *he letter ?as issued on
Novem>er .4, .))#. *he court calculated that the 9)+da0 =eriod commenced on Novem>er 3), .))#, >ased on three da0s
1or mailing a1ter e-cluding 2aturda0s and 2unda0s. 3n order to >ring a claim under either *itle &33 or the /D/, a =lainti11
must e-haust administrative remedies and sue ?ithin 9) da0s o1 recei=t o1 a right to sue letter. 2ee 4. 6.2.C. M .)))e+(F1<
F$<. 2ee Bald?in Count0 9elcome Center v. Bro?n, 4## 6.2. $47, $4' n.$, $)4 2.Ct. $7.3, ') 7.Ed..d $9# F$9'4<
Fgranting =lainti11 an additional three da0s 1or mailing =ursuant to %ule #<....J ...
hoe Count0 2heri11Ds !11ice,
*hese state s=onsored locCouts under color o1 state la? should not >e >eing done so 1ast, unless the 9C2!
E=ersonall0 serveE the tenant, 3 1eel the la? is quite clear, 0ou have to e11ect Esu>stituted serviceE ?hich, under N%C
#Fa< and N%C #Fe< and N%C (F><F.< Fand N%C, not @C%C is a==lica>le to eviction matters according to N%2 $$'/<
the tenant cannot >e deemed to have received or constructivel0 received the !rder until the 3 da0s 1or mailing has =assed.
ersonal service >0 =rocess server: =ersonal service is service o1 =rocess directl0 to the For a< =art0 named on the
summons, com=laint or =etition.
/nd even i1 something indicates Coughlin ECne?E a>out the !rder, much liCe in the case o1 CoughlinDs that ?as
dismissed ?here the 9ashoe Count0 2heri11Ds didnDt manage to get the E=ersonal serviceE o1 the 2ummons and Com=laint
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done in time, or Esu11icientl0E, o==osing counsel in that matter could tell 0ou that Eactual noticeE is not a su>stitute 1or
com=liance ?ith the service requirements.
9hich is 1ortunate in that those liCe 4ill, ?ouldnDt have such an o==ortunit0 to game the s0stem and s?oo= in
?ith locCout then assert an argument >ased u=on N%2 $$'/.4#) Ereasona>le storage, moving, and inventor0ing
e-=ensesE su>Aecting the tenantDs =ersonal =ro=ert0 to a lien. %ichard ;. 4ill insisted on thro?ing a?a0 the last thing
CoughlinDs >eloved grandmother gave me >e1ore she died . 0ears ago in the to?n dum=. 4e and his contractor lied a>out
so man0 things, including the 1act that the0 used CoughlinDs o?n d =l0?ood to >oard u= the >acC =orch o1 the =ro=ert0,
then su>mitted a >ill to the court in an e-hi>it 1or G$,)#) 1or EsecuringE the =ro=ert0 F?hich doesnDt reall0 a==l0 to N%2
$$'/.4#)Ds Ereasona>le storage moving and inventor0ing e-=ensesE liCe it is required to...1urther, 4ill charged Coughlin
G9)) a month 1or storage and sent Coughlin a >ill 1or such =rior to CoughlinDs arrest 1or tres=assing at the $.$ %iver %ocC
location. /dditionall0, 4ill has admitted on video ta=e that he su>mitted a >ill to Coughlin, =rior to the tres=assing arrest,
?herein 4ill =ur=orts to charge Coughlin the same G9)) 1or EstorageE on a monthl0 >asis that the landlord had =reviousl0
charged 1or the 1ull use and occu=anc0 o1 the d?elling... ,urther, even i1 4illDs charge ?ere 1or storage situations, there
are sections o1 N%2 $$'/ devoted to evicting someone 1rom a storage 1acilit0, not arresting them 1or tres=ass, and
certainl0 not conducting a custodial. 3n the videos that ?ere =ro=ounded >0 the %eno Cit0 /ttorne0 and taCen >0 4ill
%D !11icer Carter and 2argent 7o=eB admit the0 never issued a ?arning to me or asCed me to leave =rior to conducting
a custodial arrest F?hich required G')) o1 >ail and 3 da0s in Aail, no less<. D,urther, in a su>sequent video ta=ed intervie?
o1 %D 2argent 7o=eB, she admits that neither she nor !11icer Carter announced ?ho the0 ?ere =rior to the door >eing
CicCed in >0, allegedl0, Dr. 5erliss. *his is in marCed contrast to !11icer CarterDs ?ritten Narrative, ?herein on =age 3
o1 3 he ?rites E2gt 7o=eB and 3 CnocCed ont he >asement door and announced loudl0 E%eno oliceE and called out 1or
Zachar0 to o=en the door. 9e ?ere met ?ith no res=onse. 5atthe? decided he ?oudl CicC the door o=en, and did so. 3
entered the door?a0 o1 the >asement and 1ound Zachar0 standing...E. !11icer Carter goes on to ?rite Fseemingl0
=roviding a legal o=inion< E3 tried to e-=lain to HZachar0 that he ?as served eviction =a=ers and he asCed....E. !11icer
Carter seems to >ase his arrest u=on his legal o=inion as to ?hat EserviceE o1 these Eeviction =a=ersE required. *he
videos shot >0 4ill do reveal Coughlin asCing !11icer Carter and 2argent 7o=eB ?h0 a ?arning or citation ?as not issued
rather than a custodial arrest. 2uch statements maCe less =lausi>le !11icer CarterDs ?ritten Narratives assertion on =age 3
that EDue to Zachar0 not >elieving he has done an0thing ?rong that the 1act he >elieves he still has standing there is
reasona>le grounds to >elieve Zachar0 ?ill return to the house. *here1ore he did not quali10 1or a misdemeanor citation.E
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4illDs associate BaCerDs =re=ared the 2ummar0 Eviction !rder, ?hich read E>ut the G.,.7( ?onDt >e released to
the neurosurgeon 0et, Einstead that sum shall serve as securit0 1or CoughlinDs cost on a==eal, =ursuant to Nevada @C%C
73...E. But ?ait, doesnDt that mean Coughlin then gets a 2ta0 o1 Eviction during the =endenc0 o1 the /==ealH 3sntD that ?as
a securit0 that large must >e 1orH Because the E/==eal BondE is set >0 statute at onl0 a mere G.()....so holding on to $)
times that much o1 CoughlinDs cash must have >een 1or the E2u=ersedeas BondE mentioned a 0ielding one a 2ta0 o1
Eviction in N%2 4).3') and 4).3'(.
*hose N%2 sections 1orce the landlord, his attorne0s and the %@C to choose >et?een vie?ing Coughlin as a
residential tenant ?hose rent is less than G$,))), and ?hom there1ore is onl0 required to =ost a measl0 su=ersedeas >ond
o1 G.() Fand remem>er, a su=ersedeas >ond equals a sta0 o1 eviction equals not tres=assing< or the the other choice is to
vie? Coughlin as a commercial tenant, ?hich ?ould allo? charging a higher su=ersedeas >ond Fe-ce=t 1or that =esC0 =art
a>out his rent >eing under the G$,))) required >0 the statute to do so, his rent >eing onl0 G9))<, e-ce=t, %ichard ;. 4ill,
Esq. and Case0 BaCer, Esq. elected to =ursue this summar0 eviction =roceeding under a No Cause Eviction Notice, ?hich
is not allo?ed against a commercial tenant Fie, 0ou canDt evict a commercial tenant using the summar0 eviction
=rocedures set 1orth in N%2 4)..(3 unless 0ou alllege non =a0ment o1 rent and serve a 3) Da0 Non a0ment o1 %ent
Notice *o Nuit.
olice %es=onse in 3llegal Eviction and !ther *ennantO7andlord 2ituations *he ,ollo?ing Document is E-cer=ted ,rom:
&E%5!N* 2*/*E !73CE *%/3N3N; B677E*3N N65BE% + 93+$ %67E2 P %E;67/*3!N2 !E%/*3!N/7
!73C3E2P %!CED6%E2 *%/3N3N; B677E*3N N65BE% + 93+$ 7/ND7!%DO*EN/N* 7/9 +9 &.2./.
M44($+ M44#' 2ummar0 *he 6.2. 2u=reme Court has recentl0 ruled that the =resence o1 la? en1orcement o11icers,
together ?ith their inaction during an illegal eviction violated the ,ourth /mendmentLs =rohi>ition against unreasona>le
seiBures and ma0 lead to lia>ilit0 under 1ederal civil rights la?. that is the motion to su==ress all the ?itness statements
and =olice re=orts here and an0 other materials gathered. 3n this case, la? en1orcement o11icers ?ho ?ere =resent at an
eviction at the request o1 the landlord, re1used to taCe the tenantLs com=laint 1or criminal tres=ass or other?ise inter1ere
?ith the eviction. *he o11icers in1ormed the tenant that Iit ?as >et?een the landlord and the tenantJ. 2oldal v. CooC
Count0, 3llinois, 6.2. 2u=reme Court, #$ 79 4)$9 F$993<. 3n maCing the ruling, the 2u=reme Court e-=ressed con1idence
that I=olice ?ill not o1ten choose to 1urther an enter=rise Cno?ing that it is contrar0 to state la?.J No?, it is more
im=ortant than ever, that o11icers res=onding to landlordOtenant dis=utes have a >asic understanding o1 the state la? ?hich
controls this relationshi=. *he 1ollo?ing guidelines should >e used ?hen res=onding to landlordOtenant com=laints. /
num>er o1 reoccurring questions arise ?hich surround the issue o1 landlordOtenantsL rights and =olice duties. ,requentl0
the landlord or the tenant ?ill call a =olice agenc0 during a dis=ute and 0ou are then =ut in the unenvia>le =osition o1
determining ?hat course o1 action, i1 an0, to 1ollo?. *he rights and res=onsi>ilities o1 landlords and tenants are
s=eci1icall0 set out in &ermont statutes: there1ore violation o1 these statutes ma0 result in criminal violations o1 *itle $3.
5erel0 >ecause it is a IlandlordOtenant dis=uteJ does not al?a0s mean that it is a Icivil matterL and that 0ou should not
>ecome involved. 3n 1act, 1ailure to act ma0 result in civil lia>ilit0. Evictions &ermont la? =rohi>its a landlord, under an0
circumstances, 1rom entering an a=artment and evicting the tenant. 9 &.2./. 44#' states that i1 a tenant remains in
=ossession o1 an a=artment against the ?ishes o1 the landlord, the landlord must >ring an action 1or a ?rit o1 =ossession
under $. &.2./. Cha=ter $#9, M 4'($+4'(#. !nce a ?rit o1 =ossession is granted to the landlord, $. &.2./. M4'(4
mandates that Ithe ?rit shall direct the sheri11 o1 the count0 in ?hich the =ro=ert0 or a =ortion thereo1 is located to serve
the ?rit u=on the de1endant and, no sooner than 1ive da0s a1ter the ?rit is served, to =ut the =lainti11 into =ossession.J
6nder this =rocedure, a landlord ma0 not enter an a=artment and move a tenant out. /n eviction must =roceed through the
court s0stem and the ?rit allo?ing 1or eviction must >e served >0 the sheri11: 1urthermore, the tenant must >e actuall0
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moved out o1 the a=artment >0 the sheri11. />andonment *he onl0 e-ce=tion allo?ing 1or the landlord to enter the
a=artment ?ithout going through the =rocedure outlined a>ove occurs ?hen the a=artment has >een Ia>andonedJ >0 the
tenant. &.2./. M44#.Fa< states that a tenant has a>andoned a d?elling unit i1: Q *here are circumstances ?hich ?ould lead
a reasona>le =erson to >elieve that the d?elling unit is no longer occu=ied as a 1ull+time residence: Q %ent is not current:
and Q *he landlord has made reasona>le e11orts to ascertain the tenantLs intentions. %ule o1 *hum> 31 the sheri11 is not
=artici=ating in the eviction, it is most liCel0 an illegal eviction, a violation o1 *itle $3 and 0ou should not allo? it to
=roceed. 31 a landlord, ?ithout the assistance o1 a sheri11, enters an a=artment in order to evict a tenant, the landlord is in
violation o1 $3 &.2./., M37)(Fd<, unla?1ul tres=ass. 2uggested Course o1 /ction ,reeBe the scene, maintain the Istatus
quoJ, do not allo? the landlord to remove an0 =ro=ert0 or to enter the tenantLs a=artment. E-=lain the requirements
necessar0 1or an eviction to the landlord and re1er >oth the landlord and the tenant to the a==ro=riate re1errals contained in
the 2u==ort 2ervices Director0. 31 this is not an IinnocentJ mistaCe on the =art o1 the landlord, issue a citation. 31 the
landlord =ersists contrar0 to 0our directions, maCe an arrest. I7ocC !utJ o1 the *enant 3n addition to the =rohi>ition o1 an
actual eviction >0 the landlord, unless the ste=s noted a>ove have >een taCen, &ermont la? also =revents a landlord 1rom
turning o11 utilit0 services to an a=artment or =adlocCing or changing the locC to an a=artment in order to =revent a tenant
1rom entering the a=artment or gaining access to their =ro=ert0. 9 &.2./. M44#3 states as 1ollo?s: Fa< No landlord ma0
?ill1ull0 cause, directl0 or indirectl0, the interru=tion or termination o1 an0 utilit0 service >eing su==lied to the tenant,
e-ce=t 1or tem=orar0 interru=tions 1or emergenc0 re=airs. F>< No landlord ma0 directl0 or indirectl0 den0 a tenant access
to and =ossession o1 the tenantLs rented or leased =remises, e-ce=t through =ro=er Audicial =rocess. Fc< No landlord ma0
directl0 or indirectl0 den0 a tenant access to and =ossession o1 the tenantLs =ro=ert0, e-ce=t through =ro=er Audicial
=rocess. %ule o1 *hum> Q Because it is illegal 1or a landlord to IlocC outJ a tenant ?ithout Audicial authoriBation, a tenant
?ho is required to use reasona>le 1orce to re+enter the a=artment has not committed a crime under *itle $3. 2uggested
Course o1 /ction Q ,reeBe the scene, e-=lain the =rohi>itions o1 2ec. M44#3 to the landlord: i1 the landlord does not relent
and allo? the tenant to enter the a=artment, then 0our dut0 is to maintain the =eace and allo? the tenant to gain entr0 to
the a=artment. Entr0 >0 the 7andlord in a Non+Emergenc0 2ituation 9 &.2./. M44#) states as 1ollo?s: Fa< / landlord ma0
enter the d?elling unit ?ith the tenantLs consent, ?hich shall not >e unreasona>l0 ?ithheld. F>< / landlord ma0 also enter
the d?elling unit 1or the 1ollo?ing =ur=oses >et?een the hours o1 9:)) /.5. and 9:)) .5. on no less than 4' hoursL
notice: F$< ?hen necessar0 to ins=ect the =remises: F.< to maCe necessar0 or agreed re=airs, alterations or im=rovements:
F3< to su==l0 agreed services: or F4< to e-hi>it the d?elling unit to =ros=ective or actual =urchasers, mortgagees, tenants,
?orCers or contractors. Fc< / landlord ma0 onl0 enter the d?elling unit ?ithout consent or notice ?hen the landlord has a
reasona>le >elie1 that there is imminent danger to an0 =erson or to =ro=ert0. %ule o1 *hum> Q Because a landlord ma0
not, ?ithout the consent o1 a tenant, enter an a=artment e-ce=t as outlined a>ove, an entr0 in violation o1 this section
meets the criteria 1or violation o1 $3 &.2./. M37)(Fd< + 6nla?1ul *res=ass. 2uggested Course o1 /ction Q 3n res=onse to a
tres=ass com=laint 1rom a tenant, =roceed in the same manner as an0 other criminal com=laint. 3ntervie? the com=lainant
and the accused and re1er the case to 0our 2tateLs /ttorne0 1or =rosecution. *he1t or Destruction o1 the %ental ro=ert0 >0
the *enant 9 &.2./. M44(#Fc< states: *he tenant shall not deli>eratel0 or negligentl0 destro0, de1ace, damage, or remove
an0 =art o1 the =remises or its 1i-tures, mechanical s0stems or 1urnishings, or deli>eratel0 or negligentl0 =ermit an0
=erson to do so. /lthough a securit0 de=osit ma0 >e used to o11set the loss o1 the =ro=ert0 to the landlord, intentional
destruction o1 =ro=ert0 or removal o1 =ro=ert0 >0 the tenant is not necessaril0 a Icivil matterJ. 3ntentional destruction o1
rental =ro=ert0 meets the criteria 1or violation o1 $3 &.2./, M37)$ + 6nla?1ul 5ischie1. F=ro=ert0 is de1ined under this
section as >oth real and =ersonal =ro=ert0. 2ec. 37) $Fe<.< %emoving 1i-tures or 1urnishings 1rom the a=artment ?ith the
intent to =ermanentl0 de=rive the o?ner o1 =ossession meets the criteria 1or a violation o1 $3 &.2./. M.()$ or M.(). +
7arcen0.
N%2 4).3') rovisions governing a==eals. Either =art0 ma0, ?ithin $) da0s, a==eal 1rom
the Audgment rendered. But an a==eal >0 the de1endant shall not sta0 the e-ecution o1 the
Audgment, unless, ?ithin the $) da0s, the de1endant shall e-ecute and 1ile ?ith the court or
Austice the de1endantLs undertaCing to the =lainti11, ?ith t?o or more sureties, in an amount to
>e 1i-ed >0 the court or Austice, >ut ?hich shall not >e less than t?ice the amount o1 the
Audgment and costs, to the e11ect that, i1 the Audgment a==ealed 1rom >e a11irmed or the a==eal
>e dismissed, the a==ellant ?ill =a0 the Audgment and the cost o1 a==eal, the value o1 the use
and occu=ation o1 the =ro=ert0, and damages Austl0 accruing to the =lainti11 during the
=endenc0 o1 the a==eal. 6pon ta,in& t#e appea$ an* fi$in& t#e un*erta,in&, a$$ furt#er
proee*in&s in t#e ase s#a$$ %e sta)e*"
N%2 4).3'( 2ta0 o1 e-ecution u=on a==eal: dut0 o1 tenant ?ho retains =ossession o1 =remises
to =a0 rent during sta0. 6=on an a==eal 1rom an order entered =ursuant to N%2 4)..(3:
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$. E-ce=t as other?ise =rovided in this su>section, a sta0 o1 e-ecution ma0 >e o>tained >0
1iling ?ith the trial court a >ond in the amount o1 G.() to cover the e-=ected costs on a==eal. /
suret0 u=on the >ond su>mits to the Aurisdiction o1 the a==ellate court and irrevoca>l0 a==oints
the clerC o1 that court as the suret0Ls agent u=on ?hom =a=ers a11ecting the suret0Ls lia>ilit0
u=on the >ond ma0 >e served. 7ia>ilit0 o1 a suret0 ma0 >e en1orced, or the >ond ma0 >e
released, on motion in the a==ellate court ?ithout inde=endent action. / tenant o1 commercial
=ro=ert0 ma0 o>tain a sta0 o1 e-ecution onl0 u=on the issuance o1 a sta0 =ursuant to %ule ' o1
the Nevada %ules o1 /==ellate rocedure and the =osting o1 a su=ersedeas >ond in the amount
o1 $)) =ercent o1 the un=aid rent claim o1 the landlord.
.. / tenant ?ho retains =ossession o1 the =remises that are the su>Aect o1 the a==eal during the
=endenc0 o1 the a==eal shall =a0 to the landlord rent in the amount =rovided in the underl0ing
contract >et?een the tenant and the landlord as it >ecomes due. 31 the tenant 1ails to =a0 such
rent, the landlord ma0 initiate ne? =roceedings 1or a summar0 eviction >0 serving the tenant
?ith a ne? notice =ursuant to N%2 4)..(3.
N%2 4).4)) %ules o1 =ractice. *he =rovisions o1 N%2, Nevada %ules o1 Civil rocedure and
Nevada %ules o1 /==ellate rocedure relative to civil actions, a==eals and ne? trials, so 1ar as
the0 are not inconsistent ?ith the =rovisions o1 N%2 4)...) to 4).4.), inclusive, a==l0 to the
=roceedings mentioned in those sections.
*he language in N%2 4) a>out ho? the 2heri11 ma0 Eremove tenant 1rom the =ro=ert0 ?ithin .4 hours o1 recei=t
o1 the !rderE does not a==l0 ?here the *enant 1iled a *enantDs /ns?er and sho?ed u= to the 4earing and litigated the
matter. Es=eciall0 ?here, as here the lease had not terminated, >0 its terms, >ut ?as rather rene?ed. *his is =articularl0
true ?here N%2 $$'/ =revents so terminating a holdover tenantDs lease 1or a retaliator0 or discriminator0 =ur=ose.
N%C 4: EFd< 2ummons: ersonal 2ervice. *he summons and com=laint shall >e served together. *he =lainti11
shall 1urnish the =erson maCing service ?ith such co=ies as are necessar0. 2ervice shall >e made >0 delivering a co=0 o1
the summons attached to a co=0 o1 the com=laint as 1ollo?s:...F#< 2ervice 6=on 3ndividuals. 3n all other cases to the
de1endant =ersonall0, or >0 leaving co=ies thereo1 at the de1endantLs d?elling house or usual =lace o1 a>ode ?ith some
=erson o1 suita>le age and discretion then residing therein, or >0 delivering a co=0 o1 the summons and com=laint to an
agent authoriBed >0 a==ointment or >0 la? to receive service o1 =rocess. R/s amended: e11ective @anuar0 $, .))(.S Fe<
2u>Aect: %E: 9C2! De=ut0 5achemDs E=ersonall0 servedE /11idavit o1 $$O$O.)$$
Belo? is a true and accurate re=roduction 1o the email 1rom 9C2! 2u=ervisor 7iB 2tuchell clari10ing ?hat E=ersonall0
servedE means to here and 9C2! De=ut0 5achem in his /11idavit o1 2ervice o1 the 2ummar0 Eviction !rder:
Date: *ue, 7 ,e> .)$. $$:4):39 +)'))
,rom: 72tuchellT?ashoecount0.us *o: BachcoughlinThotmail.com
CC: mCandarasTda.?ashoecount0.us
5r. Coughlin,
!ur records indicate that the eviction conducted on that da0 ?as =ersonall0 served >0 De=ut0 5achen >0 =osting a co=0
o1 the !rder to the residence. *he residence ?as unoccu=ied at the time.
7iB 2tuchell, 2u=ervisor
9C2! Civil 2ection
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,urther, the la? in our 2tate does not seem e-ce=tionall0 clear ?ith regard to the service and
=rocess requirements and timelines, and manner o1 calculating time ?ith res=ect to the Erecei=tE o1
7ocCout !rders. *he /11idavit o1 2ervice >0 5achen states that he E=ersonall0 served the descri>ed
documents u=onE m0, Zach Coughlin...4o?ever, 3 can attest >0 /11idavit that 3 ?as not E=ersonall0
servedE to the e-tent that E=ersonall0 servedE means or im=lies that 3 ?as there, that 5achen sa? me
or identi1ied me, or an0 o1 the other indicators o1 something, such as a Com=laint, >eing E=ersonall0
servedE such as 3 understand the =hrase to me. N%C (F><F.<F/<Fi+iii<. ,urther, as BaCer and 4ill
have so o1ten =ointed out, 3 cannot, according to them, receive an0 attorne0Ds 1ee a?ard 1or a==earing
as =ro se attorne0, as such, N%C (F><F.<F/<Fi+iii<, should a==l0 to me onl0 as a =art0, and not as a
=art0Ds attorne0, and, there1ore, according to N%C (, 2ervice: EF.< 2ervice under this rule is made
>0: F/< Delivering a co=0 to the attorne0 or the =art0 >0: Fi< handing it to the attorne0 or to the =art0:
Fii< leaving it at the attorne0Ls or =art0Ls o11ice ?ith a clerC or other =erson in charge, or i1 there is no
one in charge, leaving it in a cons=icuous =lace in the o11ice: or Fiii< i1 the o11ice is closed or the
=erson to >e served has no o11ice, leaving it at the person-s *'e$$in& #ouse or usua$ p$ae of a%o*e
'it# some person of suita%$e a&e an* *isretion resi*in& t#ere...E 2o, either it ?as m0 o11ice, in
?hich case a No Cause Eviction Notice maCes im=ermissi>le a 2ummar0 Eviction roceeding under
N%2 4)..(3, and there1ore, the !rder o1 2ummar0 Eviction is void 1or lacC o1 Aurisdiction, or, the
/11idavit o1 2ervice ?as on m0 home, and ?as not EhandedE to me, or E=ersonall0 servedE Fdes=ite
the /11idavit attesting to having E=ersonall0 servedE me<, nor ?as the !rder o1 2ummar0 Eviction
served in accordance ?ith N%C (F><F.<F/<Fiii<, ?hich requires: Ei1 the o11ice is closed or the =erson
to >e served has no o11ice, leaving it at the person-s *'e$$in& #ouse or usua$ p$ae of a%o*e 'it#
some person of suita%$e a&e an* *isretion resi*in& t#ere..E
,urther, 3 >elieve =osting an !rder on oneDs residence door, =articularl0 in the conte-t o1
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serving a No Cause Notice o1 Eviction or 6nla?1ul Detainer, is onl0 valid i1 the document >eing
served is also =laced in the mail and 3 non Audicial da0s are accorded 1or service to >e com=lete. 2ee
N%C #Fe<. 3 do not >elieve the0 can =rove that at all, not even close.
3nterestingl0, the signor o1 the Criminal Com=laint here, 4ill, Cno?s his case is trou>led under N%C (F><F.<F/<Fi+
iii<, N%C #Fe<, in addition to N%C $$. *hat is ?h0 in %ichard 4illDs Novem>er .$, .)$$ 5otion 1or !rder *o 2ho?
Cause, on =age ., 4ills resorts to literall0 gras=ing at stra?s, imagining that ?hat the 9ashoe Count0 2heri11Ds !11ice
customaril0 does is someho? automaticall0 codi1ied into mandator0 =recedent >lacC letter la?. *o ?it, %ichard 4ill
?rote in his 5otion ,or !rder *o 2ho? Cause that: I,/C*2 24!93N; C!N*E5* !, C!6%* #. E"43B3* $ ?as
served on Coughlin on Novem>er E .)$$ >0 the 9ashoe Count0 2heri11s De=artment, >0 =osting same on the 1ront door
o1 the =ro=ert0 in the manner customar0 1or evictions in 9ashoe Count0. *he locCs to the =remises ?ere changed at that
time, there>0 eAecting and dis=ossessing Coughlin o1 =ossession o1 the ro=ert0.J
/. re+*rial 3ne11ective /ssistance o1 Counsel Claims
De1endant here>0 claims >e1ore trial that all three o1 the %5C a==ointed de1ense counsel
rendered ine11ective assistance o1 counsel, the trial court must, >e1ore trial, conduct an inquir0
su11icient to determine the truth and sco=e o1 the de1endantLs allegations. !n =ost+conviction revie?,
i1 no =retrial 1indings ?ere made, the government must =rove >0 clear and convincing evidence that
the de1endant ?as accorded re=resentation at trial >0 counsel ?ho ?as =re=ared ?ithin the requisite
range o1 com=etence. /nders v. Cali1ornia, 3'# 6.2. 73', $' 7.Ed..d 493, '7 2.Ct. $39# F$9#7<, and
6nited 2tates v. Cronic, 4## 6.2. #4', ') 7.Ed..d #(7, $4) 2.Ct. .)39 F$9'4<. 2ee, lumlee v. Del
a=a, 4.#. ,.3d $)9(, $$)3 F9th Cir. .))(<. 3n cases ?hich Icounsel entirel0 1ails to su>Aect the
=rosecutionLs case to meaning1ul adversarial testing,J ine11ectiveness ?ill >e =resumed under Cronic.
CounselLs 1ailure to 1ile a motion to su==ress evidence can =rovide the >asis 1or a claim o1
ine11ectiveness, >ut in order to sho? =reAudice the de1endant must sho? that he ?ould have =revailed
on the su==ression motion, and that there is a reasona>le =ro>a>ilit0 that the success1ul motion ?ould
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have a11ected the outcome. &an 3ran v. 7indse0, .$. ,.3d $$43, $$4( F9th Cir. .)))<. *aitel should
have never acce=ted this case in the 1irst =lace given a =atent con1lict. 7oomis and uentes 1latl0
re1used to 1ile essential motions and su>=oena material ?itnesses or other?ise conduct a meaning1ul
de1ense, in addition to re1using to maCe arguments 1ounded in 1act and la?, rather deeming them
E1rivolousE. Counsel 4as Constitutional Dut0 to 3nvestigate
ICounsel has a constitutional dut0 to maCe reasona>le investigations or to maCe reasona>le
decisions that maCe =articular investigation unnecessar0 .J 2tricCland v. 9ashington, 4## 6.2. #'',
#9$, ') 7.Ed..d #74, $)4 2.Ct. .)(. F$9'4<. *he 2i-th /mendment requires investigation and
=re=aration, not onl0 to e-onerate, >ut also to secure and =rotect the rights o1 the accused. such
constitutional rights are granted to the innocent and guilt0 aliCe, and 1ailure to investigate and 1ile
a==ro=riate motions is ine11ectiveness. Uimmelman v. 5orrison, 477 6.2. 3#(, 9$ 7.Ed..d 3)(, $)#
2.Ct. .(74 F$9'#<. 7oomis and uentes re1used to inquire as to ?hether 4ill et al has asserted a >ill
1or the 1ull rental value o1 the =ro=ert0 in lieu o1 storage costs.
Counsel has the constitutional and =ro1essional o>ligation to conduct an investigation into =otential
mitigating evidence. 31 counsel conducts an inadequate investigation Ithat 1act ?ould have no e11ect
on the de1icient conduct =rong o1 2tricCland >ecause counsel had alread0 demonstrated
ine11ectiveness >0 1ailing to thoroughl0 investigate the e-istence o1 mitigating 1actors.J 2ummerlin v.
2chriro, 4.7 ,.3d #.3 F9th Cir. .))(<.
AFFIRMATION PURSUANT TO NRS ./01"2/2
*he undersigned does here>0 a11irm that the =receding document does not contain the social
securit0 num>er o1 an0 =erson.
Dated at %eno, Nevada, this 4th da0 o1 @une, .)$.,
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7/9 !,,3CE2 !, Zachar0 BarCer Coughlin
Counsel 1or the De1endant
B0:VVVVVVVVVVVVVVVVVVVVVV
Zach Coughlin, Esq.
Nevada Bar No: 9473
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PROOF OF SER3ICE
ursuant to N%C (F><, 3 certi10 that 3 served a co=0 o1 the 1oregoing document u=on the
1ollo?ing =art0 >0 1a-ing, emailing, dro==ing o11 at their o11ice, and =lacing a true and correct co=0
o1 the 1oregoing document in the us mail addressed to:
Christo=her 4aBlett+2tevens, Esq.
%eno Cit0 /ttorne0Ds !11ice + Criminal Divison
.!. Bo- $9))
%eno , N& '9()(
hone Num>er: 77(+334+.)() ,a- num>er: 77(+334+.4.)
haBlett+stevenscTreno.gov
/ttorne0 1or Cit0 o1 %eno
Dated this 4th da0 o1 @une, .)$.,:
O2O Zach Coughlin
Zach Coughlin, De1endant
Counsel 1or De1endant
+ $3 +

than
f !
Dismiss, Sus, Motion
15
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Li Stuchell that Machem only e
. ard Hill Esq's own Proof 0
1
INDEX TO EXHIBITS
2
de ite w at em e ra h ve incorrectl or
3
m's Afdavit of Service from f st m ed
4 mission from WCSO Civil Service Division Superisor
of Summary Eviction on tbe door of the
5
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former home law ofce, rath "personally served I I a
Service of Notice of Entr the Order for Summary Eviction showing a mailed on date of
November 1, 2011 (and e RC never mailed a copy of that Rder ace ,ding the to Record on
. Appeal in CVl l03628) three (3) pages.
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- 1 4
Motion to Motion to for Continuance

AELE Home Page --- Publications Menu --- Seminar Information
Cite as: 2009 (6) AELE Mo. L. J. 101
ISSN 1935-0007
Civil Liability Law Section J une 2009
Landlords, Tenants, and Police Civil Liability
Contents
1. Introduction
2. Landlords, Tenants, and Police Civil Liability
3. Resources
1. Introduction
The relationship between landlords and tenants is often a volatile one, with disputes
arising over a wide variety of issues, including money, the condition of the premises (and
whose fault any defects are), the presence of pets (authorized or not), landlord entry into
the rented premises, noise, the number of persons living in the apartment, lead paint, safety
hazards, crime and drug or gang activity on and near the premises, and of course, eviction
and tenant lockouts, both legal and illegal. On occasion, police officers are summoned to a
rented premises by either a landlord (or their agent) or a tenant (or both). Sometimes the
officers have arrived on the scene in response to a complaint by a third person about a noisy
or violent disturbance between landlord and tenant.
Disputes arising from the landlord-tenant relationship literally hit home, and can get
emotional, with the resolution sometimes determining whether the tenant will continue to
have a place to live or access to their possessions, or whether the landlord will receive the
rent which is the basis of his or her livelihood and the ability to pay for and maintain the
building. Frequently, officers are asked by one of the parties to take action, sometimes
without knowledge of the origin of the dispute or some of the essential facts.
This article takes a brief look at some of the cases in which police officers or agencies
faced possible civil liability for their response to such disputes. It does not pretend to
summarize landlord-tenant law, which may vary vastly between jurisdictions in its
particulars. At the conclusion, there are a few useful resources listed.
101

2. Landlords, Tenants, and Police Civil Liability
The case of Soldal v. Cook County, Illinois, #91-6516, 506 U.S. 56 (1992) involved a
family that lived in a mobile home that they owned, which stood on rented land in a trailer
park. While formal eviction proceedings were pending, the owners of the land and their
agent proceeded to forcibly evict the tenants.
At the request of the landlords agent, deputies from the Sheriffs Department were
there at the eviction. The family claimed that the deputies knew that the eviction was illegal
and that there was no eviction order from a court, but that they refused to take their
complaint for criminal trespass or interfere with the eviction process. They allegedly told
the family that it was between the landlord and the tenant.
A state court judge in the pending eviction case ruled that the eviction was improper,
and the familys trailer, which was damaged during the incident, was taken back to the
park. The family filed a federal civil rights lawsuit, claiming that the property owner and its
agent conspired with the deputies to carry out the unreasonable seizure and removal of
their mobile home, in violation of their Fourth and Fourteenth Amendment rights.
A unanimous U.S. Supreme Court ruled that the seizure and removal of the mobile
home implicated the familys Fourth Amendment rights. A seizure of property, for
Fourth Amendment purposes, the Court noted, happens when there is any meaningful
interference with the owners possessory interests in that property. Property is protected
against such seizures being carried out unreasonably even when no privacy or liberty is
involved, and even when no search has been carried out.
The officers presence during the illegal eviction together with their inaction, could,
therefore, violate Fourth Amendment rights and lead to civil liability. Repossessions or
attachments of property, if they involve entering a home, intruding on the residents
privacy, or interfering with their liberty, also implicate the Fourth Amendment. The
Court rejected the argument that its ruling would lead to a new wave of litigation in
federal courts.
Many such seizures, the Court reasoned, would be found constitutional under a
reasonableness standard. The Court also stated that police will not often choose to
further an enterprise knowing that it is contrary to state law.
In a later case in which officers assisted a landlord in a dispute with a tenant, the court
found that they were not entitled to qualified immunity on a false arrest claim. In
Radvansky v. Olmsted Falls, #03-3798, 395 F.3d 291 (6
th
Cir. 2005), police arrested a man
102

for burglary of a home. The arrestee had been living as a tenant at that residence, but had a
dispute with his landlord. The landlord had previously called the police department after
the tenant left for Florida for a period of time. He told police that the tenant owed him $100
in rent and that the tenant still had keys. The landlord was advised that he could simply
change the locks and lock the tenant out, which was incorrect under state law, which
required the use of legal process to evict a tenant.
When the tenant returned, and found a note indicating that the locks had been changed,
he broke in for the purpose of retrieving some of his property, including his guns. Officers
placed him under arrest, despite his possession of the note, which allegedly made it clear
that he was a tenant at the house and had been locked out by the landlord over a rent
dispute. The officers found his driver's license, which gave the house as his residence, and
one of the officers ran his social security number and a dispatcher responded with the
house's address as the arrestee's residence. The officers allegedly refused to look at the
landlord's note, which the arrestee claimed made it clear that he was a renter at the home.
The burglary charges were later dropped after the arrestee entered an agreement to pay
the landlord $400 in restitution. He then sued the officers for violation of civil rights and
false arrest.
A federal appeals court found that there was a genuine dispute of material fact that
would permit a reasonable jury to find that the officers lacked probable cause to arrest the
plaintiff for burglary. Under the terms of a rental agreement, a tenant is entitled to entry and
use of the premises, and cannot be a trespasser, a necessary element of burglary.
State law expressly forbids self-help evictions of tenants by landlords. His tenancy
was therefore only ended if he had vacated the apartment of his own accord, abandoning
the tenancy. In this case, the evidence showed, viewed in the most favorable light, that the
plaintiff had paid most of the rent for that month, and was using the residence at that time to
house his personal possessions, clothing and furniture, making him a current tenant with
the right to enter and occupy the premises, who could not, therefore, be found liable for
either criminal trespass or burglary.
In this case, a reasonable jury could find that the officers relied solely on the landlord's
representations concerning the plaintiff and his status as a burglar, and ignored
substantial exculpatory evidence, including their own prior knowledge of the existence of a
dispute between the tenant and landlord, and his valid driver's license giving the house as
his address.
Following a trial, however, a jury resolved the factual disputes in favor of the officers,
determining that they had probable cause for the arrest after all. The appeals court upheld
103

that result on further appeal. Radvansky v. City of Olmsted Falls, #06-3357, 496 F.3
rd
609
(6
th
Cir. 2007). While the officers ultimately prevailed, it was not until after a complicated
litigation process.
There may be emergency circumstances where the law authorizes the removal of a
tenant from premises without the usual court-based eviction process. In one such case, the
court ruled that city code enforcement officers were not liable for federal civil rights
violations for evicting two elderly residents from their home without a pre-eviction
hearing. The officers had the legal authority to issue emergency vacate orders, and had
grounds to do so in light of the residents keeping 33 dogs and four birds in the two bedroom
house, which was allegedly in an unsanitary condition. Sell v. City of Columbus,
#03-4654, 127 Fed. Appx. 754 (Unpub. 6th Cir. 2005).
Other surrounding circumstances may also have an impact on the reasonableness of an
officers actions in a landlord-tenant dispute. In White v. City of Markham, #01-2034, 310
F.3d 989 (7th Cir. 2002), the court reasoned that even if an officer seized a tenant in
ordering him to vacate his home upon threat of arrest after a landlord told the officer that he
wanted the individual removed, the seizure was reasonable under circumstances where the
tenant had no written lease and did not pay rent, the house was under construction at the
time, and the level of the dispute between the landlord and tenant was serious enough that
the tenant had called the police. Even if the officer acted unreasonably, however, he was
entitled to qualified immunity.
What about when the shoe is on the other foot, i.e., the landlord seeks but is refused an
officers assistance? In Trask v. City of Chicago, #06-4237, 2007 U.S. App. Lexis 21051
(Unpub. 7th Cir.), a federal appeals court ruled that a landlord's rights were not violated by
the alleged refusal of police officers to enforce a court order she obtained to oust a squatter
from her property. The landlord did not show that she was legally entitled to police
assistance in enforcing an eviction order issued by the courts, and she could not show a
violation of equal protection, as there was no claim that the officers refused to carry out the
eviction on the basis of her race or gender.
Sometimes particular persons may not have the type of possessory interest in a premises
to qualify as tenants as defined by state law. In Thomas v. Cohen, #05-5072, 453 F. 3
rd
657
(6th Cir. 2006), the court found that three homeless women, evicted from a homeless
shelter by police without legal process at the request of the shelter's director were not
tenants under Kentucky law. They had no property interest in the premises, and,
therefore, the officers' actions did not violate their due process rights. This was the case
even though the women asserted that they paid rent, since a state statute governing tenants
rights expressly excluded residence at an institution, public or private, if incidental to
104

detention or the provision of medical, geriatric, educational counseling, religious, or
similar service.
The shelter's programs were designed to help homeless women become financially
independent members of mainstream society, the appeals court stated, and the plaintiffs
resided there only as a result of their participation in the shelter's programs. The
environment at the shelter and its location in a residential neighborhood did not diminish
the primary social services character of the shelter. The shelter did not provide housing
to the general public who would not participate in, or benefit from, its primary social
service program, the court concluded.
The fact that a landlord-tenant dispute may be present does not alter the applicability of
general criminal law. Police can proceed to make arrests for criminal acts of violence, theft
of property, trespass, and other crimes, given the proper circumstances, and based, at times,
simply on a complaint from a purported victim, including a landlord or tenant. In Fielding
v. Tollaksen, #06-5393, 2007 U.S. App. Lexis 28939 (Unpub. 2nd Cir.), police officers
who arrested a tenant on the basis of signed complaints from landlords had probable cause
for the arrest, and were properly granted qualified immunity. Prosecutors in the case were
entitled to absolute prosecutorial immunity, and the landlords, who were private persons,
did not act under color of state law, so they could not be defendants in a federal civil rights
lawsuit.
Similarly, on search and seizure issues involving law enforcement access to a premises,
the power to consent or object depends on who has privacy rights. In Vincennes v.
Emmons, #42S02-0504-CV-131, 817 N.E. 2
nd
155 (Ind. 2006), the court stated that a city's
ordinance authorizing warrantless inspections of rental units unless tenants object did not
violate the constitutional rights of landlords, as landlords had no reasonable expectation of
privacy in units rented to either residential or commercial tenants. In instances where the
landlords are themselves the tenants, the ordinance would be interpreted as also requiring
their consent or a warrant.
In Harvey v. Plains Township, #04-1148, 421 F. 3rd 185 (3d Cir. 2005), the court held
that a police officer who ordered a landlord to open a door to an apartment so that a
woman's ex-boyfriend could retrieve his possessions was not entitled to qualified
immunity on a woman's claim that he violated her Fourth Amendment rights by becoming
actively involved in an ex parte private repossession.
In this case, after a woman's relationship with her boyfriend deteriorated, she obtained
an order of protection granting her exclusive right of possession of their apartment.
Pursuant to that order, the boyfriend was required to immediately retrieve all of his
105

belongings. The trial court denied a request that he be allowed to return to pick up
furnishings and other items that would be difficult to remove during his first trip.
The man's attorney sent a letter to the woman informing her that he would go to the
apartment at a particular time to retrieve his remaining belongings. A copy of the letter was
sent to the woman's landlord and to the local police department. A police officer was sent
to the apartment at the time designated in the letter in order to keep the peace at the
repossession, and the landlord was also present at that time. The woman, who claimed
never to have received the letter, was not there.
The officer allegedly directed the landlord to unlock the door so that the man could
retrieve his property. After this was done, and when the woman returned, she found the
apartment in disarray, and claimed that many items were missing, including some not
included in the ex-boyfriend's list of his property.
On appeal, the federal appeals court reversed the summary judgment in favor of the
officer, holding that a police officer actively involved in an ex parte private repossession of
property may be engaged in state action in violation of the Fourth Amendment. It agreed,
however, that the landlord, who opened the door at the direction of the officer, was not
engaged in state action, and upheld the result as to the remaining defendants.
The appeals court rejected the officer's argument that his conduct was not state action
and that he was merely present at a private repossession. There was evidence, including
the testimony of the landlord, that the officer directed the opening of the door, and that she
never would have opened it without the officer's instructions. If this was true, the officer
played a principal role in the entry and seizure of the property, and a reasonable jury
could conclude that he used his public authority to help the ex-boyfriend gain entry and
take the property from the apartment. The record supported a finding that he was not a
mere spectator.
Additionally, the law was unquestionably clear at the date of the incident, September
1999, that the Fourth Amendment prohibited unreasonable searches and seizures of a
person's home by the police without a warrant. The court also found that if the officer
concluded that the woman had consented to the repossession merely on the basis of a copy
of the letter, to which the woman did not respond (and which she claimed she never got)
that was not reasonable. A reasonable officer at least would have refused to assist with
opening the door until he was satisfied that consent was given.
In some instances, cities have attempted to make use of the landlord-tenant relationship
for crime control and prevention purposes. In one case, however, the court found that the
city had gone too far. In Cook v. City of Buena Park, #G031326, 2005 Cal. App. Lexis 105
106

(Cal. 4th App. Dist. J anuary 28, 2005), the court ruled that a city's ordinance requiring a
landlord to institute eviction proceedings against a tenant when the chief of police has a
suspicion that the tenant engaged in or permitted illegal drug or gang activity was an
unconstitutional violation of procedural due process rights.
The case involved a landlord who filed a lawsuit challenging a city ordinance which
requires the commencement of eviction proceedings against all occupants of a rental unit
when the chief of police suspects that the tenant has engaged in or permitted illegal drug
activity, gang-related crime, or a drug-related nuisance in or near the rented property.
The court found that the ordinance exposed landlords to a substantial risk of the
erroneous deprivation of property rights through compelled eviction litigation,
unwarranted fines and penalties, and counter-suits by tenants, violating procedural due
process.
The court found that the ordinance's procedures were constitutionally infirm in three
ways. First, in that the notice requiring the landlord to institute the eviction proceedings
provided landlords with insufficient information to successfully prosecute such a case.
Second, the ten-day period stated within which the landlord is required to begin the
eviction proceedings was found to be too short. And finally, the ordinance improperly
required the landlord to prevail in the eviction action or else face fines, penalties, a lien on
his or her property, or even punishment for a misdemeanor offense.
The plaintiff landlord had rented an apartment to an individual, and after three years of
tenancy, city police cited the tenant's roommate for possession of drug paraphernalia. The
roommate subsequently participated in a drug treatment diversion program under the terms
of which his plea of guilty is not considered a criminal conviction for any purpose.
Following that, the landlord received a letter from the city's police chief giving him ten
business days to institute eviction proceedings against the tenant, and to diligently
prosecute the eviction, as required by the city's ordinance, the Narcotics and
Gang-Related Crime Eviction Program.
The landlord appealed the notice to the city manager within ten days of receiving it, as
provided by the notice. The city manager denied the landlord's appeal, and the landlord
filed suit in state court challenging the constitutionality of the ordinance.
In upholding the injunction against the enforcement of the ordinance, the appeals court
acknowledged both the landlord's important property interests in collecting rent, and the
city's interest in combating criminal activity, especially drug and gang related crimes.
But in this case, the court found, the notices required to be sent did not contain enough
specific information to aid the landlord in the eviction action, but instead only the alleged
107

offender's identity, apartment number, and the mere dates and times of the alleged criminal
activity or arrest.
The court stated that it was not suggesting that due process required that the city's
allegation of illegal conduct had to be documented by the observations of a law
enforcement officer, but rather, the documented observations of any witness willing to
testify, such as a neighbor or an informant, would supply probable cause for the landlord's
unlawful detainer action and give the landlord a chance at success in the action.
The ten-day time period in which to initiate the eviction proceeding was not nearly
enough time for the landlord to bolster his evidence or otherwise investigate the matter
and develop his case.
Further, under the ordinance, if the landlord fails to prevail in the eviction action, even if
this is the result of inadequate documentation provided by the city, the penalties under
the ordinance included fines of up to $500, misdemeanor punishment for a fourth violation,
and a lien against the property and a civil penalty if court action is required to enforce the
ordinance.
The court rejected the city's defense of its procedures, which was based on the fact that
the landlord is allowed to appeal to the city manager the police chief's determination that
the ordinance applies. But the ordinance provides no guidance to the city manager
regarding the adequacy of the police chief's notice and, in any event, the landlord who does
not succeed in a court of law would take little comfort from the city manager's contrary
assessment of the merits.
A concurring opinion by one judge on the three judge panel agreed that the ordinance
violated procedural due process but he expressed his misgivings that the ordinance might
also suffer from other, more fundamental constitutional problems, including its
sweeping requirement that all occupants of the premises must be evicted for the sins of one,
its disparate treatment of property owners and renters (our record reflects no nuisance
abatement efforts against the owners of property for similar crimes), and the Damoclean
substantive due process issue which hangs over this statutory scheme.
Other cases of interest include:
Grimm v. Sweeney, #01-431, 249 F. Supp. 2d 571 (E.D. Pa. 2003), in which a fire chief
was held entitled to qualified immunity for issuing a citation against the owner of rental
properties for refusal to consent to a warrantless inspection of tenants' apartments. The
alleged right of the owner, under the Fourth Amendment, to refuse to consent to the
warrantless inspection intended to protect the tenants' safety, was not clearly established,
108

so that a reasonable building or fire code enforcement official could have believed that the
landlord had no right to refuse entry, so that he could be cited for obstructing access.
* Loudes v. City of Minneapolis, Minn., #00-1210, 233 F.3d 1109 (8th Cir. 2000),
finding that an officer was not liable for the detention of a landlord, which allegedly caused
his collapse because he needed access to his oxygen and medical equipment to prevent
reoccurrence of a recent stroke, when the officer had no information concerning the
landlord's medical condition when she detained him while attempting to resolve a
landlord-tenant dispute over tenant property.
* Ryan v. Mary Immaculate Queen, #98-3849, 188 F.3d 857 (7th Cir. 1999), ruling that
apartment tenants had standing to challenge an allegedly unconstitutional search of a
rented premises when their landlord, who wanted to evict the tenants, did not have a valid
order granting him exclusive possession at the time deputy sheriffs allegedly engaged in a
search.
* Kalmas v. Wagner, #64206-1, 943 P.2d 1369 (Wash. 1997), stating that a deputy
sheriff's brief, invited entry into the tenants' residence to assist a landlord's agent in
showing the premises to potential new tenant, even if it constituted a search, was
reasonable, based on the deputy's community caretaking function. The deputy acted with
a motive to keep the peace in a dispute between tenant and landlord.
* Osipova v. Dinkins, #92 Civ. 8959, 907 F. Supp. 94 (S.D.N.Y. 1995), concluding that
a police officer was entitled to qualified immunity for a warrantless entry into an apartment
when the landlord told him that water was leaking into the premises below, interfering with
the provision of heat and hot water for whole building.
* Craig v. Krzeminski, #88-159764 F. Supp. 248 (D. Conn. 1991), in which a mere
denial by a landlord that he had harassed a tenant did not eliminate the officer's probable
cause to arrest him based on the tenant's complaint.
In summary, some points to remember:
Do not carry out or aid in carrying out an eviction unless there is a verifiable court
order. Doing so without an order may be a Fourth Amendment violation. Even when
a lease states that a landlord has the right to retake the premises under certain
conditions, almost every jurisdiction requires legal process and an eviction order.
There are some particular rules that apply to Section 8 federally subsidized housing
concerning evictions, drug activities in the rented premises, etc. Before taking any
action, you may want to check with the local agency administering the program
concerning how these apply.
109

When officers respond to a complaint about the presence of a trespasser, they should
inquire as to the reason the person is there. The answer to that question may provide
probable grounds for an arrest. Many laws concerning trespass, however, require
that, prior to an arrest, a person is asked to leave and is given an opportunity to
comply. Make sure officers are familiar with state statutes and/or local ordinances
bearing on this question.
It is not the job of an officer to resolve landlord tenant disputes. Whether the rent
was fully paid, or whether the landlord broke a promise to paint the living room, are
civil disputes, and the parties can be reminded that there are courts to resolve those
disputes. Officers can, of course, stand by while landlord-tenant disputes are going
on, but should not take part on either side. They may, of course, take appropriate
action if an offense occurs.
In emergency situations, such as indications of a person in danger or distress,
officers can make warrantless entry into premises without consent,
3. Resources
The following are some online resources related to the topic of this article. Inclusion
does not necessarily imply agreement with the views expressed.
City of Chicago Residential Landlord and Tenant Ordinance.
City of Philadelphia, Pa, Police Department Citizen Information Bulletin on
Landlord-Tenant Disputes.
New York Police Department Patrol Guide Procedure No. 117-11, Illegal Evictions.
Website of the International Crime Free Association, an organization working to
keep illegal activity off rental property.
Police Response in Illegal Eviction and Other Tenant/Landlord Situations.
Excerpted From:
Vermont State Police Training Bulletin 93-1.
Basalt, Colorado Police Department page on landlord-tenant disputes.
Suffolk County, N.Y. Police Order Number 88-19 Willful Eviction Violations.
Description of Hollywood, Florida Police Departments Landlord Workshop.
110

AELE Monthly Law Journal
Bernard J. Farber
Civil Liability Law Editor
P.O. Box 75401
Chicago, IL 60675-5401 USA
E-mail: bernfarber@aele.org
Tel. 1-800-763-2802
2009, by the AELE Law Enforcement Legal Center
Contents may be downloaded, stored, printed or copied,
but may not be republished for commercial purposes.
AELE Home Page --- Publications Menu --- Seminar Information
111

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Case o. II TR 26800 2I
Dept. 10. 3
FILED
RENO MUNICIPAL COURT
DEPT. NO. 3
MAR 1 3 2012

DOROTHY ASH HOLMES, JUDGE
THE lCIPAL COURT OF THE CITY OF RE 0
CO TY OF WASHOE STATE OF NEVADA
CITY OF RE 0,
Plaintiff,
vs.
ZACHARY BARKER COUGHLIN,
Defendant.
__________________
ORDER STRIKING FUGITIVE
DOC MENT FILED ON
MARCH 7, 2012
On March ,2012 at2:16 p.m., the Clerk of the Reno Municipal Coun filed a document
faxed to the court by self-repre en ted litigant Zach Coughlin in the above-captioned case .
Zach Coughlin i an attorney lieen ed to practice law in the State of evada under Bar o.
9473. In his faxed document, he had apparently typed the words "REQUE T FOR AUmO
RECORD G OF FEBRUARY 27
TH
, 2012 TRIAL A fD FOR APPT A D TO WANE
FIL G FEE AND TRA SCRIPT FEE FOR APPEAL CO SEL" over a docwnent he had
previously prepared entitled Motion to Proceed Informa Pauperis. The date that appears on
the document, faxed to the coun for filing at I :53 p.m. on March 7, 2012, is ovember 22,
2011 . The document contains the hand-written signature of Zach Coughlin and has a 2-page
affidavit attached. Mr. Coughlin had apparently typed into that document the case number
and depanment of his in tant traffic citation case in thi departmenl , although the conlent of
the motion and affidavit appears to be one he used previously in a case in another department
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in Reno Municipal Court last year. A copy of said faxed and filed document is attached
hereto as Exhibit I to this Order.
This court flllds that said document is an errant. altered. and inappropriate document
that houJd not have been filed by the clerk of this court. This cowi further finds that Zach
Coughlin submi tted said document to this court by fax for filing. in knowing di regard of the
rules of procedure known to all attorneys who pract ice law in this court. and that. in doing o.
he was taking advantage of the fact that it is standard court procedure for the clerk of the
court to automatically file all documents that are faxed to the court for filing. Therefore. the
above-described document is a fugitive document.
IT IS ORDERED that the fugitive document filed as "Request for Audio Recording.
etc' hall be tricken from the record in this case and shall be disregarded by the parties and
staff in this coun.
Dated thi 13th day of March. 2012.
fIN/
Reno M

2
EXHIBIT 1
To : fro : zachcoughl in 3-07-12 1, 53p p. 1 of 3

" FILED
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Name: 2Ac4- L4'i.;&!?r"'r. .
NV BAR NO: 9473
1422 e. 9TH sT. #2
RENO, nv 89512
TEL: 949 667 7402
FAX: 949 667 7402
" 20/2 MAR - 7 P/i 2: /6
ATTORNEY FOR PRO SE DEFENDANT DENIED SIXTH AMENDMENT RIGHT
IN THE Rl3n
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MUNICIPAL Comn:-OFTHE:STATE OJ';N,EVADA
'. 0 0
IN AND F9R TilE cOl.rNTY ot W ASHQE
- 0
CITY OF RENO

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ZACH COUGrtLI
/ e O ! ?'_ .... r .
Defendant.
CASE. NO:: 11 TR 26800
DEPT. NO.: 3
REQUEST FOR AUD 0 RECORDING OF FEBRUARY 27TH, 2 01 2 TRIAL
rAYrEJUS /lliri FOR AP PT
TO WAI E F LI T FEE FOR E
PursuannO NRS 12.015. and on the following Affidavit ofl'oveHY. move for
per:missio" from this Co:url to prqqCed without. filing or [am:n;questing tl1e CoUrt
to .ilS\?<' . any procClS . with -the
ClU:'Cpti"9 ofjmy fea. as JllO\lj ded.JJl 12-.01;;
Th.is
This docUment dOe.!!M contAin the Socia! Number 'of
DATED Ibis 22. day of NotX'v'(\, IDeV': ,20Jt-.
To: zac hcough11n 3- 07- 11 1: 53pm p. 1 of 3
-----
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. zA-4fAc..'( 13 . . CC-t..J6tfl..J1
r. ______ -,-___ do hereby SWeaT under .penalty ot perjury
Ihb iCcOi"dins law. in oi'my' Motion 10 Proceed
Worma Pmperif:.
1. I am (circle.oM that you are.) in the above en1itledcase.
I am UMble,because- ,financial poverty. to pay the costs and fees of this
10' . case, and I am Wl&ble to eive seeurify:fodhecost" in this matier.
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I Cannot pay. the .fee beciiuse .r lBclc sufficienl income;: OT other
4: I wish the CoiJrt 10 lhi:sAtlidayit of Poverty in Stq>pOrt o(:my Modon to
Proceed Inforioa .
S. myself. thef( / (number) adults and 0 (nuntbet)
\ \JOt:.- 3. ... II
child(l'ClIJ in hoUSehold. n.Jchllcl(rcn) age(s) is1/lTC , .J .. -and ,
My lolll! mouthly income taUJ is:
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POBox 1900
Reno, NV 8;505
(775) 334-3822
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Munici pal
Court, Reno, Nevada, that I am over the age of 18 years and not a party to the above
acti on, and that on this date, served a true and correct copy of the attached document
to the foll owing as set forth below:
Allison Ormaas
Oeputy City Attorney
PO Box 1900
Reno NV 89505
Zachary Barker Coughlin, Esq.
1422 E. 9
th
Street #2
Reno NV 89512
X Placing said document in a sealed envelope and placed for coll ecting and
mailing by Unites States mail in Reno, Nevada, postage prepaid foll owing ordinary
business practices.
Washoe County Jail
Court Services
Facsimil e (FFAX)
Electronic Mail (E-mail)
Inner-office mail foll owing ordinary business practices
Personal Delivery.
DATED: March 13, 201 2.
Municipal Cour
Fit ED
REtJ tUNIClpn COURT
P.O. B x 1900
Reno, evad a 89505
ZOIZ R 22 Pl12: 26
01626501533
$O.42
0311412012
....F 89501
US POSTAGE
RETURN 5 RVI E REQUESTED
L Zachary Barker Coughlin,. Es.

1422 E. 9th Street #2
Reno NV 89512
T e9 NFE S2C 00 OS/2/l2
RETURN oo SENOER
COUGHLIN ESO'ZACHARY e
TEMPORARILY AWAY
RETURN TO SENDER
Be: GSSOS:l90000 1"0941-05'3:1-11-23
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that both counts occurred on the same date, at about the same time, and in the same
general icinit!. "ach count, though, inoled a separate incident.
#ana $rec%enridge was operating a ehicle that had been traeling each on &est 'treet,
approaching the intersection of $la%e (enue and had the right of wa!. Coughlin)s ehicle failed to
stop fo the stop sign and entered the intersection. $rec%enridge)s ehicle was forced to ta%e easie
action and steerred to the right, causing the ehicle to sideswipe a fire h!drant . . . . Coughlin failed
to stop for the accident . . . .#ana $rec%enridge complaint of pain to her legs and was transported to
(ll 'aints *ospital b! Rescue.
&ith regard to the second incident, the complaint alleges+
Coughlin)s ehicle continued east and went through the red light at the intersection of north
Memorial ,rie and &est street, 'tratman, who had been operating a ehicle owned b! Mic%)s (uto
-arts southbound on .orth Memorial ,rie, was struc% b! Coughlin)s ehicle . . . . "rnesto
(Coughlin) then ran from the ehicle leaing the secene of the accident. . . ( passenger in
Coughlin)s ehicle, /.*. . . . complained of pain to his nec% and bac% and was transported to (ll
'aints *ospital b! Rescue.
0inall!, the complaint alleges that "rnesto Coughlin was interiewed b! police and said that
he ran from the ehicle because, ""rnesto stated that his brother, /.*., did not want him
arrested for an accident and told him to run."
Argument
I. The compl!nt mu"t llege "u##!c!ent #ct" $!th!n the #our corner"% $hen &!e$e' !n common
"en"e mnner% to e"t(l!"h pro((le cu"e to (el!e&e tht the 'e#en'nt comm!tte' the o##en"e
llege'. )ere% the compl!nt !" 'e#!c!ent the tre"p"" chrge RMC *.+,.,+,.
, criminal com<laint mu0t meet <ro>a>le cau0e re@uirement0 to con.er <er0onal Auri0diction. State v.
White" 97 8i0. 2d 193" 197" 29% N.8.2d 34*" 347 B19$+;. , criminal com<laint i0 a 0el.'contained
charge that mu0t 0et .orth .act0 ?ithin it0 .our corner0 that are 0u..icient" in them0elve0 or together
?ith rea0ona>le in.erence0 derived there.rom" to allo? a rea0ona>le <er0on to conclude that a crime
?a0 <ro>a>l- committed and that the de.endant i0 <ro>a>l- cul<a>le. State v. Haugen" %2 8i0. 2d
791" 793" 191 N.8.2d 12" 13 B1971;. 1. the criminal com<laint .ail0 to e0ta>li0h <ro>a>le cau0e" the
court doe0 not o>tain <er0onal Auri0diction" and the charge mu0t >e di0mi00ed. &he criminal
com<laint" ho?ever" i0 not to >e read in a h-<ertechnical 0en0e >ut" rather" i0 to >e revie?ed on a
rea0ona>le >a0i0 a<<l-ing ordinar- common 0en0e. State v. Gaudesi" 112 8i0. 2d 213" 219" 332
N.8.2d 3+2" 3+% B19$3;. &here.ore" the .act0 alleged and the in.erence0 that ma- >e dra?n .rom
them mu0t >e 0u..icient to e0ta>li0h in a common 0en0e ?a- that there i0 <ro>a>le cau0e to >elieve the
de.endant committed the o..en0e charged. See id.
2ere" the com<laint <ur<ort0 to allege that Coughlin violated !=CC0 tre0<a00 0tatute $.1+.+1+ &he
element0 o. that o..en0e are: Element" o# the Cr!me Tht the Stte Mu"t Pro&e
' 2 '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS

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Reno Mun!c!pl Co'e "ect!on *.+,.,+,% pro&!'e" !n rele&nt prt- E&er. per"on $ho . . .
$!ll#ull. goe" or rem!n" upon n. ln' or !n n. (u!l'!ng #ter h&!ng (een $rne' (. the
o$ner or occupnt thereo# not to tre"p"" !" gu!lt. o# m!"'emenor.
A. The cr!m!nl tre"p"" compl!nt #!l" to e"t(l!"h pro((le cu"e (ecu"e !t #!l" to "ho$
n. not!ce or "er&!ce o# the $r!tten OR'er #or Summr. E&!ct!on $" con'ucte' !n l$#ul
mnner n' not too "oon n' thu" &o!'..
(or the0e rea0on0" the criminal com<laint mu0t >e di0mi00ed.
1 realiDe -ou ?ill liEel- not read all o. thi0. &he main thing i0 1 am re0<ect.ull- re@ue0ting that
-ou con.irm ?ith De<ut- =achem that he did" in .act" F<er0onall- 0erveF the Summar- Eviction
3rder on me at 121 !iver !ocE St." !eno $9%+1 on Novem>er 1" 2+11 at 4:3+ <m" in connection ?ith
<er.orming the locEout. 1t i0 m- <o0ition that 1 ?a0 not F<er0onall- 0ervedF and 1 am tr-ing to .igure
out ?hether De<ut- =achem i0 l-ing or ?hether the <hra0e F<er0onall- 0ervedF mean0 0omething
other than ?hat 1 >elieve it mean0" etc." etc. 1 a<<reciate -our attention to thi0.
1 am ?riting to in@uire a>out and com<lain ?ith regard to an ,..idavit o. Service .iled >- or .or 8CS3 De<ut- =achem
?ith re0<ect to the 0ervice o. a 3rder :ranting Summar- Eviction again0t me Bin m- la? o..ice ?here non'<a-ment o.
rent ?a0 not alleged" no le00 in violation o. N!S 4+.2%3 and ?here a G2"27% rent e0cro? de<o0it ?a0 .oi0ted u<on me in
violation o. 4+.2%3B*;" e0<eciall- ?here a 0ta- o. eviction ?a0 not granted even ?hile the !4C held on to mo0t all m-
mone-...;.
=- i00ue ?ith the 8CS3 i0 that =achemC0 ,..idavit o. Service indicate0 that he F<er0onall- 0ervedF me" ?hich Eind o.
remind0 me o. all that ro>o'0igning and =E!S .raud 1 come acro00 in m- da- Ao> Band do -ou ?onder ho? man-
attorne-0 in the .oreclo0ure de.en0e game 1 am in con0tant contact ?ith ?ho are ?atching and ?itne00 the <otential !1C3
violation0 thi0 ?riting mention0H;" ?hich include0 >eing a .oreclo0ure de.en0e attorne-. So ?hich i0 itH Did =achem
F<er0onall- 0erveF me the Summar- Eviction 3rderH !ichard :. 2ill" E0@. liEe0 to argue that 1 ?a0 F0ervedF in
com<liance ?ith all time related rule0 >ecau0e it ?a0 done in the Fu0ual cu0tom and <ractice o. the 8CS3. 8hat" e)actl-"
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i0 the Fu0ual cu0tom and <ractice o. the 8CS3H 1 hear a lot a>out thi0 F?ithin 24 hour0F 0tu... So" 1 go hunting .or 0ome
>lacE letter la? to 0u<<ort ?hat tho0e at the !4C and in the cluele00 communit- at large B?hich o.ten include0 Nevada
6egal Service0 and 8a0hoe 6egal Service0" the <eo<le -ou gu-0 had 0uch trou>le actuall- 0erving in the la?0uit0 1 .iled"
?hich ma- have actuall- hel<ed im<roved legal 0ervice0 in thi0 communit-" i. the- ?ere not di0mi00ed due to
in0u..icienc- o. 0ervice o. <roce00" even ?here the 1(/ re@uired the 8CS3 to 0erved the de.endant0....;. ,n-?a-" >acE to
the F?ithin 24 hour0F <hra0eolog-: F
&hi0 ?hole >u0ine00 a>out I&he court ma- thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to
remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order...J i0 ina<<lica>le to thi0 0ituation" ?here an 3rder :ranting
Summar- Eviction ?a0 0igned >- 3cto>er 27th" 2+11. &hat language i0 onl- .ound in 0ituation0 ina<<lica>le to the
current one. N!S 4+.2%3B3;B>;B2;" and N!S 4+.2%3B%;Ba; are the onl- 0ection0 o. N!S 4+ ?here thi0 I?ithin 24 hour0J
language occur0" and tho0e 0ituation0 onl- a<<l- ?here" in:
4+.2%3B3;B>;B2;: I 3. , notice 0erved <ur0uant to 0u>0ection 1 or 2 mu0t: ...B>; ,dvi0e the tenant: K. B2; &hat i. the court
determine0 that the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the tenant
or an order <roviding .or the nonadmittance o. the tenant" directing the 0heri.. or con0ta>le o. the count- to remove the
tenant ?ithin 24 hour0 a.ter recei<t o. the orderJ
and"
4+.2%3B%;Ba;: I%. 5<on noncom<liance ?ith the notice: Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o.
com<laint .or eviction to the Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma- thereu<on i00ue an order directing the
0heri.. or con0ta>le o. the count- to remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order.J &he ?a- the0e 0ummar-
eviction <roceeding0 are >eing carried out in !eno 4u0tice Court <re0entl- 0hocE0 the con0cience and violate0 Nevada
la?. &here i0 not >a0i0 .or e..ectuating a locEout the ?a- 8CS3C0 De<ut- =achem did in thi0 ca0e. &he a>ove t?o
0ection0 containing the I?ithin 24 hour0 o. recei<tJ language are ina<<lica>le" a0 tho0e 0ituation0 do not invoEe the
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<re0ent circum0tance0" ?here the &enant did .ile an ,..idavit and did conte0t thi0 matter to a degree not o.ten 0een. &o
re@uire NevadaC0 tenant0 to get u< and get out I?ithin 24 hour0J o. Irecei<t o. the orderJ B?hat doe0 that even meanH &he
u0e o. term0 liEe IrenditionJ" IrenderedJ" Inotice o. entr-J" I<ronouncedJ" i0 a>0ent here" and thi0 Irecei<t o. the orderJ
language i0 0omething rarel- .ound el0e?here in Nevada la?'0ee attached D=# 0tatutor- citation0" and in em<lo-ment
la? litigation0 ?here one mu0t .ile a Com<laint ?ithin 9+ da-0 o. Irecei<tJ o. a !ight &o Sue 6etter" a 0ituation ?hich
.ollo?0 N!C/ %B>;" and N!C/ *Be; in im<uting recei<t o. 0uch a letter" ?hen actual recei<t i0 not 0ho?n" >- a<<l-ing a
Icon0tructive noticeJ 0tandard that relie0 u<on the da-0 .or mailing e)ten0ion o. time .or item0 0erved in the mailing"
etc.;. 1n ,>raham v. 8ood0 2ole 3ceanogra<hic 1n0titute" %%3 (.3d 114 B10t Cir. 2++9;" the record did not re.lect ?hen
the <lainti.. received hi0 right'to'0ue letter. &he letter ?a0 i00ued on Novem>er 24" 2++*. &he court calculated that the 9+'
da- <eriod commenced on Novem>er 3+" 2++*" >a0ed on three da-0 .or mailing a.ter e)cluding Saturda-0 and Sunda-0.
1n order to >ring a claim under either &itle #11 or the ,D," a <lainti.. mu0t e)hau0t admini0trative remedie0 and 0ue
?ithin 9+ da-0 o. recei<t o. a right to 0ue letter. See 42 5.S.C. M 2+++e'%B.;B1;. See Bald?in Count- 8elcome Center v.
Bro?n" 4** 5.S. 147" 14$ n.1" 1+4 S.Ct. 1723" $+ 6.Ed.2d 19* B19$4;Bgranting <lainti.. an additional three da-0 .or
mailing <ur0uant to !ule *;....J ...
Dear 8a0hoe Count- Sheri..C0 3..ice"
htt<:NNen.?iEi<edia.orgN?iEiNServiceOo.O<roce00
FSu>0tituted 0ervice
8hen an individual <art- to >e 0erved i0 unavaila>le .or <er0onal 0ervice" man- Auri0diction0 allo? .or 0u>0tituted 0ervice.
Su>0tituted 0ervice allo?0 the <roce00 0erver to leave 0ervice document0 ?ith another re0<on0i>le individual" called a
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<er0on o. 0uita>le age and di0cretion" 0uch a0 a coha>iting adult or a teenager. 5nder the (ederal !ule0" 0u>0tituted
0ervice ma- onl- >e made at the a>ode or d?elling o. the de.endant.P4Q Cali.ornia" Ne? 7orE"P%Q 1llinoi0" and man- other
5nited State0 Auri0diction0 re@uire that in addition to 0u>0tituted 0ervice" the document0 >e mailed to the reci<ient.P%Q
Su>0tituted 0ervice o.ten re@uire0 a 0erving <art- 0ho? that ordinar- 0ervice i0 im<ractica>le" that due diligence ha0 >een
made to attem<t to maEe <er0onal 0ervice >- deliver-" and that 0u>0tituted 0ervice ?ill reach the <art- and e..ect notice.
P%QF
1 am <rett- 0ure F<er0onall- 0ervedF mean0 -ou 0erved the <er0on in <er0on" not that a <er0on named =achem ?ent and
<o0ted a notice on a door" <er0onall- him0el.. See" 1 thinE -ou gu-0 are thinEing o. the F<er0onF in the ?ord <er0onall- a0
a<<l-ing to the 0erver" ?hen in all in0tance0 1 have ever 0een it u0ed in the la?" the F<er0onF <art o. F<er0onall-F a<<lie0
to the <er0on >eing 0erved. 2el< me out here" =ar-.
htt<0:NN0E-drive.live.comNredir.a0<)HcidR43+$4*3$.32.%.2$Sre0idR43+$4*3$(32(%(2$T1$97S<aridRroot
,l0o" doe0 the 8CS3 have a <o0ition on ?hat t-<e o. 0ervice i0 re@uired o. eviction order0 <rior to the 8CS3 or
?hoever doe0 it" >eing a>le to conduct a locEoutH
htt<:NN???.leg.0tate.nv.u0Ncourtrule0Nnrc<.html
N!C/ !56E *+. !E61E( (!3= 45D:=EN& 3! 3!DE!... Bc; De.ault 4udgment0: De.endant Not /er0onall- Served.
8hen a de.ault Audgment 0hall have >een taEen again0t an- <art- ?ho ?a0 not <er0onall- 0erved ?ith 0ummon0 and
com<laint" either in the State o. Nevada or in another Auri0diction" and ?ho ha0 not entered a general a<<earance in the
action" the court" a.ter notice to the adver0e <art-" u<on motion made ?ithin * month0 a.ter the date o. 0ervice o. ?ritten
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notice o. entr- o. 0uch Audgment" ma- vacate 0uch Audgment and allo? the <art- or the <art-L0 legal re<re0entative0 to
an0?er to the merit0 o. the original action. 8hen" ho?ever" a <art- ha0 >een <er0onall- 0erved ?ith 0ummon0 and
com<laint" either in the State o. Nevada or in another Auri0diction" the <art- mu0t maEe a<<lication to >e relieved .rom a
de.ault" a Audgment" an order" or other <roceeding taEen again0t the <art-" or .or <ermi00ion to .ile an an0?er" in
accordance ?ith the <rovi0ion0 o. 0u>divi0ion B>; o. thi0 rule.
3Ea-" 0o" reall-" -ou gu-0 do thi0 .or a living" right...-ou 0erve <eo<le thing0....and 0ign ,..idavit0 under <enalt- o.
<erAur- and 0tu.." and -ou are telling me -ou >elieve F<er0onall- 0ervedF can included 0ituation0 ?here the <er0on ?a0 not
thereH 3Ea-.....7ou do Eno? that" liEe" a Summon0 and Com<laint need to >e F<er0onall- 0ervedF in the 0en0e that" 0a-
=achem" ?ould need to 0ee that <er0on and 0erve it on them B1 donCt thinE the- have to taEe the <a<er" the- donCt need to
agree to acce<t 0ervice" >ut =achem doe0 need to 0ee that <er0on" in <er0on" <er0onall- ?hen he i0 0?earing under
<enalt- o. <erAur- that he F<er0onall- 0ervedF 0ome>od-. 50uall- F<er0onall- 0ervedF i0 onl- done in the ca0e o. the .ir0t
thing .iled Bunle00 there i0 an 1(/; in a ca0e" the Summon0 and Com<laint. &herea.ter" t-<icall-" <eo<le Au0t e..ect
F0u>0tituted 0erviceF >ecau0e it0 chea<er" le00 o. a ha00le" and F<er0onal 0erviceF i0 onl- re@uired .or 0erving the <leading0
that 0tart a ca0e" the Summon0 and Com<laint. 8o?....3Ea-" 0o thi0 i0 m- ?hole <oint" the0e 0tate 0<on0ored locEout0
under color o. 0tate la? 0hould not >e >eing done 0o .a0t" unle00 -ou gu-0 F<er0onall- 0erveF the tenant" 1 .eel the la? i0
@uite clear" -ou have to e..ect F0u>0tituted 0erviceF ?hich" under N!C/ *Ba; and N!C/ *Be; and N!C/ %B>;B2; Band
N!C/" not 4C!C/ i0 a<<lica>le to eviction matter0 according to N!S 11$,; the tenant cannot >e deemed to have
received or con0tructivel- received the 3rder until the 3 da-0 .or mailing ha0 <a00ed.
/er0onal 0ervice >- <roce00 0erver
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/er0onal 0ervice i0 0ervice o. <roce00 directl- to the Bor a; <art- named on the 0ummon0" com<laint or <etition. 1n mo0t
la?0uit0 in the 5nited State0" <er0onal 0ervice i0 re@uired to <rove 0ervice. =o0t 0tate0 allo? 0u>0tituted 0ervice in almo0t
all la?0uit0 unle00 -ou are 0erving a cor<oration" 66C" 66/" or other >u0ine00 entit-9 in tho0e ca0e0" <er0onal 0ervice mu0t
>e achieved >- 0erving Bin hand; the document0 to the F!egi0tered ,gentF o. a >u0ine00 entit-. Some 0tate0 B(lorida; do
not re@uire that the document0 actuall- >e handed to the individual. 1n Cali.ornia and mo0t other 0tate0" the document0
mu0t >e vi0i>le to the <er0on >eing 0erved" i.e." not in a 0ealed envelo<e. 1. the individual re.u0e0 to acce<t 0ervice" .lee0"
clo0e0 the door" etc." and the individual ha0 >een <o0itivel- identi.ied a0 the <er0on to >e 0erved" document0 ma- >e
Fdro<F 0erved" and it i0 con0idered a valid 0ervice. /er0onal 0ervice o. <roce00 ha0 >een the hallmarE .or initialing
litigation .or nearl- 1++ -ear0" <rimaril- >ecau0e it guarantee0 actual notice to a de.endant o. a legal action again0t him or
her. /er0onal 0ervice o. <roce00 remain0 the mo0t relia>le and e..icaciou0 ?a- to >oth en0ure com<liance ?ith
con0titutionall- im<o0ed due <roce00 re@uirement0 o. notice to a de.endant and the o<<ortunit- to >e heard. P2QU &he
National 6a? !evie?: &he Continuing !elevance o. /er0onal Service o. /roce00
,nd even i. 0omething indicate0 Coughlin FEne?F a>out the 3rder" much liEe in the ca0e o. CoughlinC0 that ?a0
di0mi00ed ?here the 8a0hoe Count- Sheri..C0 didnCt manage to get the F<er0onal 0erviceF o. the Summon0 and Com<laint
done in time" or F0u..icientl-F" o<<o0ing coun0el in that matter could tell -ou that Factual noticeF i0 not a 0u>0titute .or
com<liance ?ith the 0ervice re@uirement0.
8hich i0 nice >ecau0e .olE0 liEe !ichard :. 2ill" E0@. have le00 o. an o<<ortunit- to game the 0-0tem and 0?oo< in ?ith
locEout then a00ert a >unch o. hooe- a>out N!S 11$,.4*+ Frea0ona>le 0torage" moving" and inventor-ing e)<en0e0F
0u>Aecting the tenantC0 <er0onal <ro<ert- to a lien. !ichard :. 2ill in0i0ted on thro?ing a?a- the la0t thing m- >eloved
grandmother gave me >e.ore 0he died 2 -ear0 ago in the to?n dum<. 2e and hi0 contractor lied a>out 0o man- thing0"
including the .act that the- u0ed m- o?n damn <l-?ood to >oard u< the >acE <orch o. the <ro<ert-" then 0u>mitted a >ill
to the court in an e)hi>it .or G1"+*+ .or F0ecuringF the <ro<ert- B?hich doe0nCt reall- a<<l- to N!S 11$,.4*+C0
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Frea0ona>le 0torage moving and inventor-ing e)<en0e0F liEe it i0 re@uired to....urther" the charged me G9++ a month .or
0torage and 0ent me a >ill .or 0uch <rior to m- arre0t .or tre0<a00ing at the 121 !iver !ocE location"...?ell i. the- charged
me G9++ to have a home la? o..ice there" then ho? i0 it 0omeone could >e tre0<a00ing i. the- are >eing charged the .ull
rental value .or Fu0e and occu<anc- o. the <remi0e0FH (urther" even i. it ?a0 a 0torage 0ituation0" there are 0ection0 o.
N!S 11$, devoted to evicting 0omeone .rom a 0torage .acilit-" not arre0ting them .or tre0<a00" and certainl- not a
cu0todial arre0t ?here the !/D 3..icer Carter and Sargent 6o<eD admit the- never i00ued a ?arning to me or a0Eed me to
leave <rior to conducting a cu0todial arre0t B?hich re@uired G$++ o. >ail" greatT" and 3 da-0 in Aail" no le00;. &hi0 i0
e0<eciall- <oor .orm ?here 3..icer Carter admitted to me that he taEe0 >ri>e0 .rom !ichard 2ill. 2e-" i. 3..icer Carter
did not 0a- that to me" go ahead and 0ue me" m- man....1Cm ?aiting.....thatC0 ?hat 1 thought.
2e can 0a- he ?a0 AoEing all he ?ant0" >ut it ainCt no AoEing a00 0ituation to me ?hen -ou are arre0ting me and cau0ing a
google 0earch re0ult .or m- name to 0ho? an arre0t....thatC0 damaging the onl- thing 1 have o. monetar- value Bm-
<ro.e00ional re<utation and name;. 1t ainCt no 0tand u< hour ?hen -ou are <utting me in cu..0" >ro. ,nd 3..icer Carter and
Sargent 6o<eD re.u0ed to <ro<erl- @uer- 2ill a0 to ?hether he had 0ent me" <rior to the tre0<a00ing arre0t" a >ill .or the
F.ull rental valueF o. the <ro<ert-" a value that" at G9++" ?a0 the 0ame charge .or the .ull Fu0e and occu<anc-F o. the
<remi0e0. ,nd !ichard :. 21ll" E0@. ?a0 too >u0- chortling and .illing out the Criminal Com<laint to >other 0etting them
0traight" de0<ite m- cue0" 1 gue00.
No?" add to that mal.ea0ance the .act that 4udge S.erraDDa let Ca0e- BaEer" E0@. <re<are the 3rder" ?hich mean0
.aith.ull- <ut to ?riting ?hat the 4udge announced" not attem<t to 0teal G2"27% .or -our Cali.ornian Beverl- 2ill0 2igh
School graduate neuro0urgeon client >- 0li<<ing in 0omething the Audge never 0aid" ie" that the neuro0urgeon get0 to Eee<
the G2"27% that 4udge S.erraDDa order the tenant to <a- into the !eno 4u0tice Court a0 a Frent e0cro?F de<o0it re@uired to
<re0erve the right to litigate ha>ita>ilit- i00ue0. No?" nevermind the .act that 4udge S.erraDDa actuall- did not have the
Auri0diction to re@uire that Bthere i0 not 4C!6# 44 in !eno" thatC0 a #ega0 rule" and i. !eno ?ant0 a rule liEe that o. it0
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o?n 4C!C/ $3 re@uire0 the !4C to li0h it and get it a<<roved >- the Nevada Su<reme Court .ir0t....<eriod.;. 3Ea-" 0o"
to taEe it a 0te< even .urther" BaEerC0 order goe0 on to 0a- F>ut the G2"27% ?onCt >e relea0ed to the neuro0urgeon -et"
Fin0tead that 0um 0hall 0erve a0 0ecurit- .or CoughlinC0 co0t on a<<eal" <ur0uant to Nevada 4C!C/ 73...F. But ?ait" doe0nCt
that mean Coughlin then get0 a Sta- o. Eviction during the <endenc- o. the ,<<ealH 10ntC that ?a0 a 0ecurit- that large
mu0t >e .orH Becau0e the F,<<eal BondF i0 0et >- 0tatute at onl- a mere G2%+....0o holding on to 1+ time0 that much o.
CoughlinC0 ca0h mu0t have >een .or the FSu<er0edea0 BondF mentioned a -ielding one a Sta- o. Eviction in N!S 4+.3$+
and 4+.3$%.
1 Eno?" 1 Eno?" it0 con.u0ing >ecau0e actuall- tho0e 0ection0 .orce the landlord" hi0 attorne-0 and the !4C to choo0e
>et?een vie?ing Coughlin a0 a re0idential tenant ?ho0e rent i0 le00 than G1"+++" and ?hom there.ore i0 onl- re@uired to
<o0t a mea0l- 0u<er0edea0 >ond o. G2%+ Band remem>er" a 0u<er0edea0 >ond e@ual0 a 0ta- o. eviction e@ual0 not
tre0<a00ing; or the the other choice i0 to vie? Coughlin a0 a commercial tenant" ?hich ?ould allo? charging a higher
0u<er0edea0 >ond Be)ce<t .or that <e0E- <art a>out hi0 rent >eing under the G1"+++ re@uired >- the 0tatute to do 0o" hi0
rent >eing onl- G9++;" e)ce<t" darn it" old !ichard :. 2ill" E0@. and Ca0e- BaEer" E0@. elected to <ur0ue thi0 0ummar-
eviction <roceeding under a No Cau0e Eviction Notice" ?hich i0 not allo?ed again0t a commercial tenant Bie" -ou canCt
evict a commercial tenant u0ing the 0ummar- eviction <rocedure0 0et .orth in N!S 4+.2%3 unle00 -ou alllege non <a-ment
o. rent and 0erve a 3+ Da- Non /a-ment o. !ent Notice &o Vuit" ?hich the- didnCt >ecau0e the- Fare Au0t taEing the <ath
o. lea0t re0i0tance here" 7our 2onor Bin0ert their 0mug chucEling and o>no)iou0N<retentiou0 Fcan -ou >elieve thi0 gu-HF
laughter and head 0haEing...;.
N!S 4+.3$+ /rovi0ion0 governing a<<eal0. Either <art- ma-" ?ithin 1+ da-0" a<<eal .rom the Audgment rendered. But an
a<<eal >- the de.endant 0hall not 0ta- the e)ecution o. the Audgment" unle00" ?ithin the 1+ da-0" the de.endant 0hall
e)ecute and .ile ?ith the court or Au0tice the de.endantL0 undertaEing to the <lainti.." ?ith t?o or more 0uretie0" in an
amount to >e .i)ed >- the court or Au0tice" >ut ?hich 0hall not >e le00 than t?ice the amount o. the Audgment and co0t0" to
the e..ect that" i. the Audgment a<<ealed .rom >e a..irmed or the a<<eal >e di0mi00ed" the a<<ellant ?ill <a- the Audgment
and the co0t o. a<<eal" the value o. the u0e and occu<ation o. the <ro<ert-" and damage0 Au0tl- accruing to the <lainti..
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during the <endenc- o. the a<<eal. 5<on taEing the a<<eal and .iling the undertaEing" all .urther <roceeding0 in the ca0e
0hall >e 0ta-ed.
So" ?h- on earth i0 the Cit- ,ttorne-C0 3..ice 0till tr-ing to tr- Coughlin on the tre0<a00 charge .or ?hich he endured a
cu0todial arre0t and .or ?hich old !ichard 2ill i0 0till .iling =otionC0 to Sho? Cau0e on in the a<<eal o. the 0ummar-
eviction matter in C#11'+3*2$H 8h-" oh ?h-H Doe0 the !eno Cit- ,ttorne-C0 3..ice have 0ome 0ort o. ve0ted intere0t in
Eee<ing Coughlin do?n" >u0-" >e0otted" encum>ered" or other?i0eH 1t" ?h-" it couldnCt >e >ecau0e Coughlin ha0 a reall-
good ?rong.ul arre0t cau0e o. action again0t the !eno /olice De<artment" could itH htt<:NN???.-outu>e.comN?atchH
vR%/!7@431%>+
,nd" ?ell" -eah the 8a0hoe Count- Sheri..C0 3..ice didnCt @uite get tho0e Summon0 and Com<laint0 0erved in that one
ca0e Coughlin ?a0 0uing hi0 .ormer em<lo-er in" the one ?here Coughlin ?a0 granted an 3rder to /roceed 1n (orma
/au<eri0" ?hich re@uired the 8a0hoe Count- Sheri..C0 3..ice to 0erve the Summon0 and Com<laint0....But ?hat doe0 that
have to to ?ith the * da-0 Coughlin 0<ent in Aail on the arre0t 0ho?n in the -outu>e video a>oveH 1t0 not liEe the 8a0hoe
Count- Aailed videota<ed a 0cene ?here the- ?ere .orcing Coughlin to get naEed and <ut on a green dre00. 8hatC0 thatH 1t
i0H &he- did do thatH !eall-H No...8hatH &he- al0o .orced him to 0imulate oral and anal 0e) ?ith de<utie0" in the gui0e o.
0ome ridiculou0 F<rocedureF nece00ar- to in0ure De<ut- 0a.et-H 3h" ?o?. ,nd the- retaliated again0t him .or .ailing to
an0?er their religiou0 <re.erence interrogation @ue0tion0 >- <lacing him in an ic- cold cell .or hour0 at a time" re.u0ing
him medical care de0<ite hi0 <laintive crie0 .or hel<" ?hile ?earing a thin t'0hirtH 8o?. &he- didnCt Aam a ta0er needle in
hi0 0<ine .or e)tended <eriod0 o. time" though" did the-H 7our EiddingT 8hat0 ne)t" -our going tell me Sargent Sig.ree o.
the !eno /D ordered a cu0todial arre0t on Coughlin .or FAa-?alEingF ?hile Coughlin ?a0 <eace.ull- .ilming" .rom a
lic 0<ot" !ichard :. 2illC0 .raudulent contractor /hil 2o?ard de0tro-ing and taEing to the to?n dum< item0 o.
enormou0 0entimental value to Coughlin that he ?a0 <revented .rom retrieving .rom the <ro<ert- during the 0cant time he
?a0 allo?ed to Ba.ter he <aid G4$+ ?orth o. a lien .or ?hat he Ene? not" >ecau0e" de0<ite" olC Contractor /hilC0 .raudulent
G1"+*+ >ill .or F0ecuringF the >acE <orch B?ith 0cre?0 .acing the out0ide" ine)<lica>l-" and a ?indo? unit aNc le.t in the
?indo? .acing the 0ide?alE near the 6aEemill 6odge" 0ecured >- nothing >ut duct ta<e
1t i0 Eind o. a com>o neon 0ign that 0a-0 FBurglariDe thi0 /lace" Ever->od-TF;" CoughlinC0 .ormer home la? o..ice ?a0
>urglariDed on Decem>er 12" 2+11 ?hile !ichard :. 2ill ?a0 holding it0 content0 Bincluding" tacEil-" CoughlinC0 clientC0
.ile0" liEe the one0 .or the .oreclo0ure de.en0e action0" etc.;" a00erting hi0 FlienF. , lien .or F0torageF ?here the charge .or
0torage" G9++" ?a0 the 0ame a0 the charge .or F.ull u0e and occu<an-F ?a0. 2o?ever" that G9++ a month .or F0torageF al0o
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included another G1"+*+ charge .or F0ecuringF Band that >ill actuall- li0ted F.i)ing a leaE in the >a0ement...neither o.
?hich 0eem to have much to do ?ith the Frea0ona>le 0torage" moving" and inventor-ingF e)<en0e0 0uch a lien i0 <rovided
.or under N!S 11$,.4*+....;. 4eeD" -our <ro>a>l- going to tell me Sargent Sig.ree ordered another cu0todial arre0t on
Coughlin Au0t t?o da-0 a.ter the Aa-?alEing arre0t" .or the 0ame .act <attern that =a0ter Edmond0on granted CoughlinC0
a<<lication0 .or /rotection0 3rder0 again0t >a0ed u<on the >atter- and a00ault0 that hi0 .ormer hou0emate0 committed.
Becau0e" Sargent Sig.ree thinE0 it0 Fmi0u0e o. 911F .or Coughlin to call ?hen he return0 home at night and hi0 dog ha0
m-0teriou0l- di0a<<eared" and hi0 hou0emate0 maEe menacing commentar- a>out it. Surel-" Coughlin" a .ormer dome0tic
violence attorne- ?ould have nothing hel<.ul to add to Sargnet Sig.reeC0 e)<ert o<inion that Fanimal a>u0e i0 not
dome0tic violenceF Btell that to N!S 33.+1+" Sarge; and that it0" rather" Fa matter .or animal controlF and that Sargent
Sig.ree ?a0 Ftr-ing to hel<F Coughlin >- arre0ting him" again" and nece00itating the G1"%++ >ail a00ociated ?ith the gro00
mi0demeanor charge" F=i0u0e o. 911F >ecau0e" a0 Sargent Sig.ree told Coughlin F-ou Eee< <utting -our0el. in 0ituation0
?here -ou are victimiDedF 0o it ?a0 nece00ar- to arre0t Coughlin in that regard.
But he-" at lea0t N# Energ- ha0nCt re.u0ed to let Coughlin get an- electrical 0ervice .or the <a0t ?eeE 0ince tho0e
?ith the /rotection 3rder0 again0t them cancelled the 0ervice and N# Energ- 0hut it o.." ?ithout <roviding an- notice to
Coughlin" right. Nevermind. But...>ut 0urel- ?hen N# Energ- 0hut o. the <o?er to CoughlinC0 home la? o..ice on
3cto>er 4th" 2+11" Au0t hour0 <rior to the >ad .aith Fin0<ectionF ?ith videogra<her o. CoughlinC 0 home la? o..ice that
Ca0e- BaEer" E0@. thought 0o ver- nece00ar- one da- >e.ore CoughlinC0 &enant ,n0?er ?a0 due...0urel- N# Energ- did
not leave the >acE gate to CoughlinC0 home la? o..ice o<en and 0<eed o.." CoughlinC0 >eloved mountain >iEe 0uddenl-
mi00ing Bthe one the <arent0 o. hi0 girl.riend o. % -ear0 gave him;H 8ell" N# Energ- i0 <ro>a>l- not retaliating again0t
Coughlin .or com<laining a>out that >- re.u0ing him electric 0ervice .or the <a0t 0even da-0" -ou ?ould have to a00ume....
N!S 4+.3$% Sta- o. e)ecution u<on a<<eal9 dut- o. tenant ?ho retain0 <o00e00ion o. <remi0e0 to <a- rent during 0ta-.
5<on an a<<eal .rom an order entered <ur0uant to N!S 4+.2%3:
1.E)ce<t a0 other?i0e <rovided in thi0 0u>0ection" a 0ta- o. e)ecution ma- >e o>tained >- .iling ?ith the trial
court a >ond in the amount o. G2%+ to cover the e)<ected co0t0 on a<<eal. , 0uret- u<on the >ond 0u>mit0 to the
Auri0diction o. the a<<ellate court and irrevoca>l- a<<oint0 the clerE o. that court a0 the 0uret-L0 agent u<on ?hom <a<er0
a..ecting the 0uret-L0 lia>ilit- u<on the >ond ma- >e 0erved. 6ia>ilit- o. a 0uret- ma- >e en.orced" or the >ond ma- >e
relea0ed" on motion in the a<<ellate court ?ithout inde<endent action. , tenant o. commercial <ro<ert- ma- o>tain a 0ta-
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o. e)ecution onl- u<on the i00uance o. a 0ta- <ur0uant to !ule $ o. the Nevada !ule0 o. ,<<ellate /rocedure and the
<o0ting o. a 0u<er0edea0 >ond in the amount o. 1++ <ercent o. the un<aid rent claim o. the landlord.
2. , tenant ?ho retain0 <o00e00ion o. the <remi0e0 that are the 0u>Aect o. the a<<eal during the <endenc- o. the a<<eal
0hall <a- to the landlord rent in the amount <rovided in the underl-ing contract >et?een the tenant and the landlord a0 it
>ecome0 due. 1. the tenant .ail0 to <a- 0uch rent" the landlord ma- initiate ne? <roceeding0 .or a 0ummar- eviction >-
0erving the tenant ?ith a ne? notice <ur0uant to N!S 4+.2%3.
N!S 4+.39+ ,<<ellate court not to di0mi00 or @ua0h <roceeding0 .or ?ant o. .orm. 1n all ca0e0 o. a<<eal under N!S
4+.22+ to 4+.42+" inclu0ive" the a<<ellate court 0hall not di0mi00 or @ua0h the <roceeding0 .or ?ant o. .orm" <rovided the
<roceeding0 have >een conducted 0u>0tantiall- according to the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive9 and
amendment0 to the com<laint" an0?er or 0ummon0" in matter0 o. .orm onl-" ma- >e allo?ed >- the court at an- time
>e.ore .inal Audgment u<on 0uch term0 a0 ma- >e Au0t9 and all matter0 o. e)cu0e" Au0ti.ication or avoidance o. the
allegation0 in the com<laint ma- >e given in evidence under the an0?er.
N!S 4+.4++ !ule0 o. <ractice. &he <rovi0ion0 o. N!S" Nevada !ule0 o. Civil /rocedure and Nevada !ule0 o. ,<<ellate
/rocedure relative to civil action0" a<<eal0 and ne? trial0" 0o .ar a0 the- are not incon0i0tent ?ith the <rovi0ion0 o. N!S
4+.22+ to 4+.42+" inclu0ive" a<<l- to the <roceeding0 mentioned in tho0e 0ection0.
But" >acE to the Sheri..C0 3..ice. ,nd" 1 am not reall- >u-ing the idea that -ou gu-0 donCt Eno? N!C/ 4 through * liEe
the >acE o. -our hand" >ut....hell" ma->e -ou donCt. But" clearl- the language in N!S 4+ a>out ho? the Sheri.. ma-
Fremove tenant .rom the <ro<ert- ?ithin 24 hour0 o. recei<t o. the 3rderF do not a<<l- ?here the &enant .iled a &enantC0
,n0?er and 0ho?ed u< to the 2earing and litigated the matter. E0<eciall- ?here" a0 here the lea0e had not terminated" >-
it0 term0" >ut ?a0 rather rene?ed. &hi0 i0 <articularl- true ?here N!S 11$, <revent0 0o terminating a holdover tenantC0
lea0e .or a retaliator- or di0criminator- <ur<o0e.
N!C/ 4: FBd; Summon0: /er0onal Service. &he 0ummon0 and com<laint 0hall >e 0erved together. &he <lainti..
0hall .urni0h the <er0on maEing 0ervice ?ith 0uch co<ie0 a0 are nece00ar-. Service 0hall >e made >- delivering a co<- o.
the 0umon0 attached to a co<- o. the com<laint a0 .ollo?0:...B*; Service 5<on 1ndividual0. 1n all other ca0e0 to the
de.endant <er0onall-" or >- leaving co<ie0 thereo. at the de.endantL0 d?elling hou0e or u0ual <lace o. a>ode ?ith 0ome
<er0on o. 0uita>le age and di0cretion then re0iding therein" or >- delivering a co<- o. the 0ummon0 and com<laint to an
agent authoriDed >- a<<ointment or >- la? to receive 0ervice o. <roce00. P,0 amended9 e..ective 4anuar- 1" 2++%.Q Be;
Same: 3ther Service. B1; Service >- /u>lication. Bi; :eneral. 1n addition to method0 o. <er0onal 0ervice" ?hen the <er0on
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on ?hom 0ervice i0 to >e made re0ide0 out o. the 0tate" or ha0 de<arted .rom the 0tate" or cannot" a.ter due diligence" >e
.ound ?ithin the 0tate" or >- concealment 0eeE0 to avoid the 0ervice o. 0ummon0" and the .act 0hall a<<ear" >- a..idavit" to
the 0ati0.action o. the court or Audge thereo." and it 0hall a<<ear" either >- a..idavit or >- a veri.ied com<laint on .ile" that
a cau0e o. action e)i0t0 again0t the de.endant in re0<ect to ?hom the 0ervice i0 to >e made" and that the de.endant i0 a
nece00ar- or <ro<er <art- to the action" 0uch court or Audge ma- grant an order that the 0ervice >e made >- the lication
o. 0ummon0. /rovided" ?hen 0aid a..idavit i0 >a0ed on the .act that the <art- on ?hom 0ervice i0 to >e made re0ide0 out o.
the 0tate" and the <re0ent addre00 o. the <art- i0 unEno?n" it 0hall >e a 0u..icient 0ho?ing o. 0uch .act i. the a..iant 0hall
0tate generall- in 0uch a..idavit that at a <reviou0 time 0uch <er0on re0ided out o. thi0 0tate in a certain <lace Bnaming the
<lace and 0tating the late0t date Eno?n to a..iant ?hen 0uch <art- 0o re0ided there;9 that 0uch <lace i0 the la0t <lace in
?hich 0uch <art- re0ided to the Eno?ledge o. a..iant9 that 0uch <art- no longer re0ide0 at 0uch <lace9 that a..iant doe0 not
Eno? the <re0ent <lace o. re0idence o. 0uch <art- or ?here 0uch <art- can >e .ound9 and that a..iant doe0 not Eno? and
ha0 never >een in.ormed and ha0 no rea0on to >elieve that 0uch <art- no? re0ide0 in thi0 0tate9 and" in 0uch ca0e" it 0hall
>e <re0umed that 0uch <art- 0till re0ide0 and remain0 out o. the 0tate" and 0uch a..idavit 0hall >e deemed to >e a 0u..icient
0ho?ing o. due diligence to .ind the de.endant. &hi0 rule 0hall a<<l- to all manner o. civil action0" including tho0e .or
divorceF
Su>Aect: !E: 8CS3 De<ut- =achemC0 F<er0onall- 0ervedF ,..idavit o. 11N1N2+11
Date: &ue" 7 (e> 2+12 11:4+:39 '+$++
(rom: 6StuchellW?a0hoecount-.u0
&o: DachcoughlinWhotmail.com
CC: mEandara0Wda.?a0hoecount-.u0
=r. Coughlin"
3ur record0 indicate that the eviction conducted on that da- ?a0 <er0onall- 0erved >- De<ut- =achen >- <o0ting a co<-
o. the 3rder to the re0idence. &he re0idence ?a0 unoccu<ied at the time.
6iD Stuchell" Su<ervi0or
8CS3 Civil Section
(rom: Zach Coughlin Pmailto:DachcoughlinWhotmail.comQ
Sent: =onda-" (e>ruar- +*" 2+12 2:%$ ,=
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&o: Stuchell" 6iD9 Xandara0" =ar-9 nvreno<dWco<logic.com9 Silva" !o)anna9 EadlicAWreno.gov9
.ourthe0tateWgmail.com9 Aame0andre>ole0Wm0n.com
Su>Aect: 8CS3 De<ut- =achemC0 F<er0onall- 0ervedF ,..idavit o. 11N1N2+11
Dear 1, Su<ervi0or Stuchell and DD, Xandara0"
1 realiDe -ou ?ill liEel- not read all o. thi0. &he main thing i0 1 am re0<ect.ull- re@ue0ting that -ou con.irm ?ith De<ut-
=achem that he did" in .act" F<er0onall- 0erveF the Summar- Eviction 3rder on me at 121 !iver !ocE St." !eno $9%+1 on
Novem>er 1" 2+11 at 4:3+ <m" in connection ?ith <er.orming the locEout. 1t i0 m- <o0ition that 1 ?a0 not F<er0onall-
0ervedF and 1 am tr-ing to .igure out ?hether De<ut- =achem i0 l-ing or ?hether the <hra0e F<er0onall- 0ervedF mean0
0omething other than ?hat 1 >elieve it mean0" etc." etc. 1 a<<reciate -our attention to thi0.
1 am ?riting to in@uire a>out and com<lain ?ith regard to an ,..idavit o. Service .iled >- or .or 8CS3 De<ut- =achem
?ith re0<ect to the 0ervice o. a 3rder :ranting Summar- Eviction again0t me Bin m- la? o..ice ?here non'<a-ment o.
rent ?a0 not alleged" no le00 in violation o. N!S 4+.2%3 and ?here a G2"27% rent e0cro? de<o0it ?a0 .oi0ted u<on me in
violation o. 4+.2%3B*;" e0<eciall- ?here a 0ta- o. eviction ?a0 not granted even ?hile the !4C held on to mo0t all m-
mone-...;.
=- i00ue ?ith the 8CS3 i0 that =achemC0 ,..idavit o. Service indicate0 that he F<er0onall- 0ervedF me" ?hich Eind o.
remind0 me o. all that ro>o'0igning and =E!S .raud 1 come acro00 in m- da- Ao> Band do -ou ?onder ho? man-
attorne-0 in the .oreclo0ure de.en0e game 1 am in con0tant contact ?ith ?ho are ?atching and ?itne00 the <otential !1C3
violation0 thi0 ?riting mention0H;" ?hich include0 >eing a .oreclo0ure de.en0e attorne-. So ?hich i0 itH Did =achem
F<er0onall- 0erveF me the Summar- Eviction 3rderH !ichard :. 2ill" E0@. liEe0 to argue that 1 ?a0 F0ervedF in
com<liance ?ith all time related rule0 >ecau0e it ?a0 done in the Fu0ual cu0tom and <ractice o. the 8CS3. 8hat" e)actl-"
i0 the Fu0ual cu0tom and <ractice o. the 8CS3H 1 hear a lot a>out thi0 F?ithin 24 hour0F 0tu... So" 1 go hunting .or 0ome
>lacE letter la? to 0u<<ort ?hat tho0e at the !4C and in the cluele00 communit- at large B?hich o.ten include0 Nevada
6egal Service0 and 8a0hoe 6egal Service0" the <eo<le -ou gu-0 had 0uch trou>le actuall- 0erving in the la?0uit0 1 .iled"
?hich ma- have actuall- hel<ed im<roved legal 0ervice0 in thi0 communit-" i. the- ?ere not di0mi00ed due to
in0u..icienc- o. 0ervice o. <roce00" even ?here the 1(/ re@uired the 8CS3 to 0erved the de.endant0....;. ,n-?a-" >acE to
the F?ithin 24 hour0F <hra0eolog-: F
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&hi0 ?hole >u0ine00 a>out I&he court ma- thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to
remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order...J i0 ina<<lica>le to thi0 0ituation" ?here an 3rder :ranting
Summar- Eviction ?a0 0igned >- 3cto>er 27th" 2+11. &hat language i0 onl- .ound in 0ituation0 ina<<lica>le to the
current one. N!S 4+.2%3B3;B>;B2;" and N!S 4+.2%3B%;Ba; are the onl- 0ection0 o. N!S 4+ ?here thi0 I?ithin 24 hour0J
language occur0" and tho0e 0ituation0 onl- a<<l- ?here" in:
4+.2%3B3;B>;B2;: I 3. , notice 0erved <ur0uant to 0u>0ection 1 or 2 mu0t: ...B>; ,dvi0e the tenant: K. B2; &hat i. the court
determine0 that the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the tenant
or an order <roviding .or the nonadmittance o. the tenant" directing the 0heri.. or con0ta>le o. the count- to remove the
tenant ?ithin 24 hour0 a.ter recei<t o. the orderJ
and"
4+.2%3B%;Ba;: I%. 5<on noncom<liance ?ith the notice: Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o.
com<laint .or eviction to the Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma- thereu<on i00ue an order directing the
0heri.. or con0ta>le o. the count- to remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order.J &he ?a- the0e 0ummar-
eviction <roceeding0 are >eing carried out in !eno 4u0tice Court <re0entl- 0hocE0 the con0cience and violate0 Nevada
la?. &here i0 not >a0i0 .or e..ectuating a locEout the ?a- 8CS3C0 De<ut- =achem did in thi0 ca0e. &he a>ove t?o
0ection0 containing the I?ithin 24 hour0 o. recei<tJ language are ina<<lica>le" a0 tho0e 0ituation0 do not invoEe the
<re0ent circum0tance0" ?here the &enant did .ile an ,..idavit and did conte0t thi0 matter to a degree not o.ten 0een. &o
re@uire NevadaC0 tenant0 to get u< and get out I?ithin 24 hour0J o. Irecei<t o. the orderJ B?hat doe0 that even meanH &he
u0e o. term0 liEe IrenditionJ" IrenderedJ" Inotice o. entr-J" I<ronouncedJ" i0 a>0ent here" and thi0 Irecei<t o. the orderJ
language i0 0omething rarel- .ound el0e?here in Nevada la?'0ee attached D=# 0tatutor- citation0" and in em<lo-ment
la? litigation0 ?here one mu0t .ile a Com<laint ?ithin 9+ da-0 o. Irecei<tJ o. a !ight &o Sue 6etter" a 0ituation ?hich
.ollo?0 N!C/ %B>;" and N!C/ *Be; in im<uting recei<t o. 0uch a letter" ?hen actual recei<t i0 not 0ho?n" >- a<<l-ing a
Icon0tructive noticeJ 0tandard that relie0 u<on the da-0 .or mailing e)ten0ion o. time .or item0 0erved in the mailing"
etc.;. 1n ,>raham v. 8ood0 2ole 3ceanogra<hic 1n0titute" %%3 (.3d 114 B10t Cir. 2++9;" the record did not re.lect ?hen
the <lainti.. received hi0 right'to'0ue letter. &he letter ?a0 i00ued on Novem>er 24" 2++*. &he court calculated that the 9+'
da- <eriod commenced on Novem>er 3+" 2++*" >a0ed on three da-0 .or mailing a.ter e)cluding Saturda-0 and Sunda-0.
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1n order to >ring a claim under either &itle #11 or the ,D," a <lainti.. mu0t e)hau0t admini0trative remedie0 and 0ue
?ithin 9+ da-0 o. recei<t o. a right to 0ue letter. See 42 5.S.C. M 2+++e'%B.;B1;. See Bald?in Count- 8elcome Center v.
Bro?n" 4** 5.S. 147" 14$ n.1" 1+4 S.Ct. 1723" $+ 6.Ed.2d 19* B19$4;Bgranting <lainti.. an additional three da-0 .or
mailing <ur0uant to !ule *;.
(urther" de0<ite ?hat the inaccurate handout0 o. Nevada 6egal Service0 ma- 0a- a>out thi0 I24 hour0J and the
a<<lica>ilit- o. the 4C!C/ to ca0e0 liEe the0e" N!S 4+.4++ !ule0 o. <ractice" hold0 that :J&he <rovi0ion0 o. N!S" Nevada
!ule0 o. Civil /rocedure and Nevada !ule0 o. ,<<ellate /rocedure relative to civil action0" a<<eal0 and ne? trial0" 0o .ar
a0 the- are not incon0i0tent ?ith the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive" a<<l- to the <roceeding0 mentioned
in tho0e 0ection0. ,0 0uch N!C/ *Ba;"Be; a<<lie0 to the 3rder o. Summar- Eviction that 8CS3 De<ut- =achem alleged"
under <enalt- o. <erAur-" that he F<er0onall- 0ervedF u<on me on Novem>er 1" 2+11. &hat i0 a lie >- =r. =achem" unle00
F<er0onall- 0ervedF i0 de.ined in a rather im<er0onal ?a- and or =achem and 1 have totall- di..erent under0tanding o. the
de.inition o. F<er0onall- 0ervedF" ?hich ma- >e the ca0e. 3r" <erha<0 the Sheri..C0 3..ice i0 >u0- and doe0nCt ?ant to ?ait
around to F<er0onall- 0erveF ever- tenant it ?i0he0 to evict. (ine" then Au0t u0e the Fmail it and allo? three da-0F rule in
N!C/ *Be;...the landlordC0 might not liEe it" >ut the- can u0e that .ru0tration a0 an incentive not to Aum< to litigating ever-
di0agreement a>out ha>ita>ilit- that a tenant >ring0 to them. 7ou ma- not realiDe ho? ridiculou0 0ome landlordC0 get. 1n
m- ca0e" 1 o..ered to .i) >a0ic thing0 that clearl- im<licated the ha>ita>ilit- rule0 in N!S 11$,.29+ and the Cali.ornian
neuro0urgeon" Beverl- 2ill 2igh School graduate landlord >alEed and com<lained then hired and attorne- .our da-0 into
a di0<ute.....at ?hich <oint the rule0 again0t contacting re<re0ented <artie0 <revented much in the ?a- o. real 0ettlement
di0cu00ion" <articularl- ?here o<<o0ing coun0el ha0 continuou0l- demon0trated a com<lete indi..erence to <ur0uing
0ettlement B?h- ?ould he at the rate0 he >ill0 hour0 atH;. 1 Au0t donCt thinE the Sheri..C0 3..ice need0 to 0ull- it0 image or
damage the citiDen tenant0 o. 8a0hoe Count- in the name o. <lea0ing <eo<le liEe Dr. =att =erli00 or !ichard :. 2ill"
E0@.
1 ,= !EV5ES&1N:" 1N 8!1&1N:" &2,& B3&2 3( 735! 3((1CES 1N#ES&1:,&E &21S ,ND
/!3#1DE , S83!N ,((1D,#1& (!3= =!. =,C2E= &2,& ,D=1&S &2,& 1 8,S N3& /E!S3N,667
/!ESEN& 82EN 2E SE!#ED &2E 3!DE! (3! S5==,!7 E#1C&13N 1N !4C !E#2+11'++17+$ 3N 11N1N12
,& 4:3+ /= B,CC3!D1N: &3 21S ,((1D,#1& 3( SE!#1CE;. 735 NE#E! XN38" 1 =1:2& 2,#E
1!!E(5&,B6E /!33( &2,& 1 8,S S3=E82E!E E6SE ,& &2,& &1=E" S3" BE C,!E(56. &here 0im<l- i0
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not an-thing 0<eci.ic in Nevada la? addre00ing ho? 0uch Summar- Eviction 3rder0 are to >e 0erved and carried out. &he
0ection0 dealing ?ith
N!S 4+.2%3 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o. tenant .or de.ault in
<a-ment o. rent....
*. 5<on the .iling >- the tenant o. the a..idavit <ermitted in 0u>0ection 3" regardle00 o. the in.ormation contained in the
a..idavit" and the .iling >- the landlord o. the a..idavit <ermitted >- 0u>0ection %" the Au0tice court or the di0trict court
0hall hold a hearing" a.ter 0ervice o. notice o. the hearing u<on the <artie0" to determine the truth.ulne00 and 0u..icienc- o.
an- a..idavit or notice <rovided .or in thi0 0ection. 1. the court determine0 that there i0 no legal de.en0e a0 to the alleged
unla?.ul detainer and the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the
tenant or an order <roviding .or the nonadmittance o. the tenant....
7. &he tenant ma-" u<on <a-ment o. the a<<ro<riate .ee0 relating to the .iling and 0ervice o. a motion" .ile a motion ?ith
the court" on a .orm <rovided >- the clerE o. the court" to di0<ute the amount o. the co0t0" i. an-" claimed >- the landlord
<ur0uant to N!S 11$,.4*+ or 11$C.23+ .or the inventor-" moving and 0torage o. <er0onal <ro<ert- le.t on the <remi0e0.
&he motion mu0t >e .iled ?ithin 2+ da-0 a.ter the 0ummar- order .or removal o. the tenant or the a>andonment o. the
<remi0e0 >- the tenant" or ?ithin 2+ da-0 a.ter:
Ba; &he tenant ha0 vacated or >een removed .rom the <remi0e09 and
B>; , co<- o. tho0e charge0 ha0 >een re@ue0ted >- or <rovided to the tenant"
Y ?hichever i0 later.
$. 5<on the .iling o. a motion <ur0uant to 0u>0ection 7" the court 0hall 0chedule a hearing on the motion. &he hearing
mu0t >e held ?ithin 1+ da-0 a.ter the .iling o. the motion. &he court 0hall a..i) the date o. the hearing to the motion and
order a co<- 0erved u<on the landlord >- the 0heri.." con0ta>le or other <roce00 0erver. ,t the hearing" the court ma-:
Ba; Determine the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$,.4*+ or 11$C.23+ and an- accumulating
dail- co0t09 and
B>; 3rder the relea0e o. the tenantL0 <ro<ert- u<on the <a-ment o. the charge0 determined to >e due or i. no charge0 are
determined to >e due....F
1 al0o ?ant to Eno? ?h- N!S 4+. 2%3B$; ?a0 not .ollo?ed ?ith re0<ect to m- Novem>er 17th" 2+11 .iling o. a
=otion to Conte0t /er0onal /ro<ert- 6ien. 8h- didnCt the 8CS3 0erve notice" a0 re@uired >- N!S 4+.2%3B$; u<on the
landlordC0 attorne- !ichard 2illH 8h- didnCt 1 get a hearing ?ithin the 1+ da-0 called called .or >- that 0ection Bto get
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>acE m- clientC0 .ile0 no le00;" >ut rather" 1 had to ?ait a .ull 33 da-0 to get a hearing" and 0ervice o. notice o. the hearing
?a0 not e..ectuated" a0 re@uired >- N!S 4+.23%B$;" >- the 8CS3. 8h-H
/lea0e <rovide an indication" in ?riting" o. the name0 and ca0e num>er0 .or the la0t 2+ incidence0 ?hen the
8CS3 ha0 0erved notice o. a hearing 0et <ur0uant to N!S 4+.2%3B$;. 8hatC0 thatH &he 8CS3 ha0 NE#E! 0erved 0uch
noticeH 7et the 8CS3 i0 there ?ith >ell0 on Bor =achem i0; to lie in ,..idavit0 o. Service to locE out the citiDen tenant0
o. 8a0hoe Count- im<ermi00il>- earl- vi0 a vi0 N!C/ %B>;B2; and N!C/ *Be;H 8h- i0 thatH 10 it a con0<irac-H Doe0
mone- talEH 8hen 1 ?a0 arre0ted .or tre0<a00ing on Novem>er 12th" 2+11 >- !/D 3..icer Chri0 Carter and Sargent
6o<eD" Carter admitted to me that F!ichard 2ill <a-0 him a lot o. mone- and there.ore he arre0t0 ?hom !ichard 2ill 0a-0
to and doe0 ?hat !ichard 2ill 0a-0 to do....F Both Carter and Sargent 6o<eD re.u0ed to inve0tigate" de0<ite <rom<ting"
?hether !ichard 2ill ha0 0ent the tenantNarre0tee a >ill or demand letter in >ill .or the .ull rental value o. the <ro<ert-"
G9++ <er month" under 0ome inter<retation o. the Frea0ona>le 0torage" moving" and inventor-ing e)<en0e0F collecta>le >-
a landlord under a <er0onal <ro<ert- line 0et .orth in N!S 11$,.4*+ Bone could al0o inter<ret 0uch a >ill a0 2illC0
?ithdra?ing or eradicating the 3rder o. Summar- Eviction it0el." ?hich ?a0 not F<er0onall- 0ervedF >- the 8a0hoe
Count- Sheri.. Bde0<ite ?hat their ,..idavit o. Service 0a-0...1 ?a0nCt even there at the time the- changed the locE0...and
0o the Summar- Eviction 3rder ?a0 not <ro<erl- 0erved under N!C/ *" and de0<ite the !eno 4u0tice Court
im<ermi00i>l- converting G23++ o. m- mone- under a Frent e0cro?F 3rder it0 re@uired 1 com<l- ?ith in order to litigate
ha>ita>ilit- i00ue0 in a 0ummar- eviction <roceeding under N!S 4+.2%3" de0<ite N!S 4+.2%3B*;C0 e)<re00 dicate again0t
0uch an 3rder Bunle00" <ur0uant to 4C!C/ $3" a Au0tice court get0 0uch a rule" liEe 4u0tice Court !ule o. 6a0 #ega0
B4C!6#; !ule 44" li0hed and a<<roved >- the Nevada Su<reme Court" ?hich the !4C ha0 not" rather" the !4C a<<lie0
all the0e in0idiou0 0ecret Fhou0e rule0F BliEe .orcing tenant0 to deliver them0elve0 to the .iling o..ice to 0u>mit to <er0onal
0ervice notice o. a 0ummar- eviction hearing ?ithin" liEe" 12 hour0 o. the &enant .iling a &enantC0 ,n0?er or ,..idavit in
re0<on0e to an eviction Notice" rather than the 0ervice re@uirement0 o. 0uch notice .ollo?ing N!C/ * Bda-0 .or mailing"
etc." etc." in other ?ord0" in the !4C ever-thing i0 0<ed u< im<eri00il>- to hel< landlordC0 out" and the N#. S. Ct ruling in
:laDier and 6i<<i0 clearl- contem<late <er0onal lia>ilit- again0t the Court and or 4udge0 them0elve0 .or 0o doing;....,
Vui &am action or 0omething a la =au0ertC0 in Solano Count-" 1 >elieve" in Cali.ornia" ?ould >e ver- intere0ting...Still
havenCt heard an-thing .rom the !eno /D a>out the variou0 com<laint0 1 have .iled ?ith them in ?riting related to the
?rong.ul arre0t0" e)ce00ive .orce and other mi0conduct committed again0t me" though the- did arre0t me the other da- .or
calling 911incident to 0ome dome0tic violence .or ?hich 1 ?a0 granted to E)tended /rotection 3rder0 again0t m- .ormer
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hou0emate0....old Sargent Sig.ree ordered that arre0t" a0 he did t?o da-0 <rior ?hen he ordered a cu0todial arre0t o. me .or
FAa-?alEingF.
(unn- thing" 1 never heard an-thing >acE .rom the !/D a>out com<laint0 liEe the .ollo?ing one:
I(rom:
Nv!eno/dWco<logic.com
Sent:
8ed 9N+7N11 1+:%1 /=
&o: DachcoughlinWhotmail.com
ZZZZD3 N3& !ES/3ND &3 &21S E'=,16ZZZZ
8eCre 0orr- the .ollo?ing <ro>lem ?a0 .ound during revie?
o. -our 0u>mitted re<ort &11++%9%*:
&21S 1S N3& &2E (3!5= (3! &21S &7/E 3( C3=/6,1N& 238E#E! &21S !E/3!& 8,S /!1N&ED ,ND
/,SSED 3N &3 &2E 3((1CE!CS S5/E!#1S3! ,ND 1& 8166 BE ,DD!ESSED.
&hanE -ou"
3..icer 83ZN1,X"
!eno /olice De<artmentJ
8hat i0 intere0ting there i0 that at lea0t 1 ?a0 <rovided the name o. an o..icer" a F8oDniaEF Bthough 1 have >een una>le to
con.irm the e)i0tence o.
0uch an !/D 3..icer... or ?hether F &21S 1S N3& &2E (3!5= (3! &21S &7/E 3( C3=/6,1N& 238E#E!
&21S !E/3!& 8,S /!1N&ED ,ND /,SSED 3N &3 &2E 3((1CE!CS S5/E!#1S3! ,ND 1& 8166 BE
,DD!ESSED.F
8hat i0 more 0trange i0 that 1 0u>mitted 0everal online <olice re<ort0 to the !eno /D Ba cou<le o. ?hich a00erted
com<laint0 again0t variou0 !eno /D o..icer0" or a0Eed ?h- !D/ 3..icer Carter" ?hom admitted taEing >ri>e0 .rom
!ichard :. 2ill" E0@. at the time o. m- cu0todial arre0t .or tre0<a00ing Bthe one ?here !ichard 2ill 0igned a Criminal
Com<laint .or tre0<a00" then 3..icer Carter and Sargent 6o<eD re.u0ed to .ollo? u< on m- im<loring them to a0E 2ill
?hether he ha0 recentl- 0ent me a >ill .or the F.ull rental valueF o. the <ro<ert-" the 0ame amount that had >een charged
.or the Fu0e and enAo-mentF o. the <remi0e0" G9++" in com<ari0ion to ?hat N!S 11$,.4*+ ma- deem Frea0ona>le
0torageF e)<en0e0 .or ?hich a lien i0 availa>le to a landlord" though N!S 11$,.%2+ ha0 outla?ed rent di0traint0 u<on
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tenantC0 <er0onal <ro<ert-....!egardle00" >et?een 4anuar- $ ' 12th" 2+12" and ?a0 arre0ted t?ice >- the !eno /D 0hortl-
a.ter 0u>mitting the0e ?ritten com<laint0 to the !eno /D.
,ctuall-" u<on >eing relea0ed .rom Aail on Novem>er 1%th" 2+11" incident to the cu0todial tre0<a00 arre0t" 1 ?ent
to !ichard 21llC0 o..ice to get m- ?allet and driverC0 licen0e. 2e re.u0ed to <rovide it to me until late Novem>er 22nd"
2+11. 2ill called the !eno /D on the 1%th Bor ma->e 1 did >ecau0e he ?a0 ?ithholding m- 0tate i00ued 1D" the one 1
?ould need to rent a room" drive m- car" and m- ?allet" ?hich i0 Eind o. u0e.ul in 0uch 0ituation0....;. ,n-?a-0" Sargent
&arter o. the !eno /D 0ho?ed u<" he ?ent in0ide 2illC0 o..ice ?ith 2ill .or @uite 0ome time and the re0ult ?a0 &arter
telling me to leave. 1 did" >ut ?hile driving do?n St. 6aurence to?ard0 S. #irginia B2illC0 o..ice i0 at *%2 (orre0t St.
$9%+3 and ?ould have re@uired turning do?n the ?rong ?a- o. a one ?a- 0treet" (orre0t" to go >acE to 2illC0 3..ice B0o
clearl- 1 ?a0 not headed to 2illC0 o..ice; Sargent &arter >egan tailing me" then he <ulled me over" then he gave me a
ticEet" in retaliation i. -ou a0E me .or re<orting !/D 3..icer Carter admitting that he taEe0 >ri>e0 .rom 2ill to Sargent
&arter minute0 earlier. 5h" ?ell" an-?a-0" another Sargent call0 me later that night" taEing the Fgood co<F role. But u<on
in.orming him o. ?hat !/D 3..icer Carter told me a>out 2ill <a-ing him mone- to arre0t <eo<le during the 11N12N11
tre0<a00ing arre0t" that Sargent immediatel- in.ormed me that" de0<ite thi0 >eing the .ir0t he heard o. that" he ?a0 0ure that
?a0 not ha<<ening....1 gue00 !/D 3..icer Carter i0 tr-ing to e)<lain a?a- hi0 comment0 a>out !ichard 2ill <a-ing him
mone- to arre0t <eo<le >- di0mi00ing them a0 0arca0m" a AoEe" 0aid in Ae0t" ?hatever....>ut 1 donCt 0ee ho? that 0ituation Ba
licen0e attorne- getting arre0ted .or a crime" a conviction .or ?hich ?ould re0ult in that attorne- >eing re@uired to re<ort
0aid conviction to the State Bar o. Nevada under SC! 111" etc." and <o00i>l- re0ulting in a 0u0<en0ion o. that attorne-C0
licen0e to <ractice la?" or ?or0e...; i0 all that Aocular o. a 0ituation. Com>ine that ?ith the too @uicE to di0mi00 m- re<ort0
o. >ri>er- >- !ichard 2ill to o..icer Carter to the !/D Sargent ?ho called me on 11N1%N11 regarding the retaliation >-
Sargent &arter that 1 com<lained o." and 1 donCt thinE it i0 all that unrea0ona>le .or an-one to taEe !/D 3..icer Carter at
hi0 ?ord regarding !ichard :. 2ill" E0@. <a-ing him mone- to arre0t ?hom 2ill 0a-0 to arre0t. ,dd to that Sargent
Sig.ree ordering m- arre0t .or Aa-?alEing B>- a trainee !/D 3..icer; on 4anuar- 12th" 2+11 Bcu0todial arre0t" >ail o. G1*+
em<tied m- >anE account out" or <rett- clo0e to it; ?hile 1 ?a0 <eace.ull- .ilming .rom a lic 0<ot !ichard :. 2ill"
E0@C0 contractor /hil 2o?ard" ?hom had 0u>mitted >ill0 in court0 record0 and .iling0 under the lien .or Frea0ona>le
0torage moving and inventor-ingF .ound in N!S 11$,.4*+" even ?here old /hil u0ed m- o?n <l-?ood at the <ro<ert- to
>oard u< the >acE <orch Bcuriou0l- leaving the 0cre?0 holding u< the <l-?ood e)<o0ed to e)terior o. the <ro<ert- ?here
an-one could ea0il- un0cre? them" and al0o leaving in a ?indo? unit ac 0ecured onl- >- ductta<e in a ?indo? .acing a
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0ide?alE >- the 6aEe=ill 6odge....?hich re0ulted in G$"+++ at lea0t o. m- <er0onal <ro<ert- >eing >urglariDed .rom m-
.ormer home la? o..ice on Decme>er 12th" 2+11 ?hile 2ill ?a0 a00erting a lien on all m- <er0onal <ro<ert- .ound therein
Band m- clientC0 .ile0" ?hich argua>l- are not even m- <ro<ert-" >ut rather" the clientC0 <ro<ert-;. 2ill ?ent on to <lace
?hat he >elieve0 to >e m- 0ocial 0ecurit- num>er in court record0" on <ur<o0e" de0<ite hi0 0igning an ,..irmation
<ur0uant to N!S 239B.+3+ that that ?a0 not the ca0e Battaching a t?o <age re<ort to the !/D a0 an E)hi>it;. &hen 2ill
and hi0 contractor /hil 2o?ard >oth committed <erAur- ?hen the 0igned Declaration0 atte0ting that 1 had clim>ed on the
contractor0 trucE or ever touched 2ill. 2ill lie0 con0tantl-" ?hether under <enalt- o. <erAur- or no?" 0o 1 donCt have time
to re>ut ever- little lie he maEe0 Bhe maEe0 me out to come0 acro00 a0 a 7o0emite Sam caricature o. a human >eing in hi0
.iling0 ?hen he de0cri>e0 me...;.
(urther" ?h- am 1 arre0ted .or tre0<a00ing and not tho0e .rom Nevada Court Service0 ?here the- ?ent >ehind
clo0ed gate the the >acE-ard o. m- home la? o..ice and >anged on ?indo? e)tremel- loudl- .or 4+ minute0 at a time 3
time0 a da-" one gu- ringing the door>ell" one gu- moving around all other 0ide0 o. the <ro<ert- >anging on the ?indo?0"
<eering in clo0ed >lind0" and a..ecting a <hon- Fcolor o. la?F tone" re0em>lance" and ver>al communication0"
mi0leadingl- announcing that the- ?ere FCourt Service0" come out no?TF" ?earing their <retend Sheri.. out.it0" >ig
e@ui<ment 0addled >elt0 Bincluding .irearm0" 1 >elieve" and radio0;" etc. "etc.
htt<:NN???.-outu>e.comN?atchHvRAV132@237D7
,dd to that that Nevada Court Service0 4e.. Chandler drive0 >- in hi0 =on0ter &rucE >aring hi0 <er0onaliDed FNCSF
licen0e <late ?hile 1 am in the !/D 0@uad car" handcu..ed" out0ide m- .ormer la? o..ice at 121 !iver !ocE" at the time o.
the 1N12N12 Aa-?alEing arre0t and the a<<earance0 are trou>ling. No?" add to that that 6e? &aitel" E0@. ?a0 m- court
a<<ointed lic de.ender in the !eno =unici<al Court in the tre0<a00 ca0e" and that 4udge :ardner had re.u0ed to
<rovide me the name0 o. <ro0<ective a<<ointed de.en0e coun0el B1 ?anted to run a con.lict0 checE; at m- arraignment
B?here =ar0hal =entDel >arEed at me in a threatening tone" u0ing menacing language;" ?hereu<on &aitel ?a0 a<<ointed
a0 m- de.en0e attorne- and .iled a notice o. a<<earance" and received m- con.idential .ile" <c 0heet" arre0t re<ort0" 00n"
etc....onl- it0 turn0 out that &aitel 0hare0 and o..ice and a rece<tioni0t ?ith Nevada Court Service0 and the- li0t him and
hi0 <icture on their ?e>0ite a0 Fa00ociated ?ithF their /roce00 Server cor<oration" de0<ite the <rohi>ition la?-er0 .ace
again0t .ee 0haring ?ith non'la?-er0. &hen" &aitel 0omeho? manage0 to get out o. de.ending m- ca0e ?ithout .iling a
=otion to 8ithdra? a0 Coun0el" de0<ite that >eing re@uired >- the !eno =unici<al Court !ule 3BB;:
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!=C! !ule 3BB;: ,uthoriDation to !e<re0ent BB;: ,n attorne- de0iring to ?ithdra? .rom a ca0e 0hall .ile a
motion ?ith the court and 0erve the Cit- ,ttorne- ?ith the 0ame. &he court ma- rule on the motion or 0et a hearing.
But" <erha<0 mo0t trou>ling o. all i0 the im<lication that the !eno Cit- ,ttorne-C0 3..ice" ?hich de.end0 action0
again0t the Cit- o. !eno /olice De<artment and it0 3..icer0" ha0 a ve0ted intere0t in di0crediting me in advance o. the
?rong.ul arre0t la?0uit that the !eno Cit- ,ttorne-C0 o..ice Ene? ?a0 imminent at the time o. all o. the a>ove incident0"
relating to the .ollo?ing ,ugu0t 2+th" 2+11 ?rong.ul arre0t >- !/D 3..icerC0 Duralde and !o0a.
htt<:NN???.-outu>e.comN?atchHvR%/!7@431%>+ So" thatC0 ?hat attem<ting to coerce a 0u0<ectC0 con0ent to an
im<ermi00i>le 0earch 0ound0 liEeH ,dd to that that the tre0<a00ing ca0e i0 >e.ore 4udge :ardner" ?hom mo0t recentl- ?a0
em<lo-ed ?ith the !eno Cit- ,ttorne-C0 3..ice.
,nd" -ou Eno? ?hat i0 .unn-H 3..icer Del #ecchio cu..ed me and <laced me in hi0 0@uad car la0t 0ummer a.ter
he terri.ied me and another gentleman ?ho had >ic-cle0. 2e veered acro00 the road and 0creeched hi0 0@uad car to a halt"
Aum<ed out" and did 0ome other 0tu.." then demanded m- name and 1D...and the la?-er in me didnCt liEe that that much"
and he didnCt liEe me not ?anting to give it to him. &hi0 occurred right in .ront o. m- home la? o..ice in the 0ummer o.
2+11. 2e cu..ed me and told me 1 ?a0 going to Aail .or 0omething a>out a light on the .ront o. m- >ic-cle Bthe one N#
Energ- liEel- 0tole ?hen the 0hut o.. m- <o?er" unnoticed" on 3cto>er 4" 2+11; de0<ite m- >iEe actuall- having 0uch a
light....>ut then Del #ecchioC0 <artner did him a 0olid and talEed 0ome 0en0e into him" and 1 hum>led it u< .or Del
#ecchio and ?e >oth let it go" and 1 didnCt go to Aail....5ntil Del #ecchio ?a0 <re0ent 0u<ervi0ing 0ome 3..icerC0 training
at the 0cene o. m- cu0todial B9 hour; Aa-?alEing arre0t; on 1N12N12. But Del #ecchio" 1 gue00 either didnCt ?ant to or
?a0nCt a>le to talE 0ome 0en0e into Sargent Sig.ree.....and then Sargent Sig.ree Bthe 0<elling i0 liEel- o..; had me arre0ted
and charged ?ith a gro00 mi0demeanor" F=i0u0e o. 911F Au0t t?o da-0 later" on 4anuar- 14th" 2+11 ?hen 1 called 911 to
re<ort that m- roommate0 ?ere laughing menacingl- ?hen 1 a0Eed them ?h- m- dog ?a0 mi00ing B1 had al0o >een
cha0ed u< to m- room numerou0 time0 0ince moving in ?ith the0e <eo<le" 0omething 1 had to do >ecau0e 0o much o. m-
mone- had >een taEen u< ?ith >ail or lo0t earning0 due to all the0e ?rong.ul arre0t0 and a>u0e o. <roce00e0 mentioned
a>ove...al0o the0e hou0emate0 had cha0ed me ?ith a ten inch >utcher Eni.e" t?o o. m- tire0 ?ere 0la0hed" 1 ?a0 locEed out
all night on Ne? 7ear0 Even ?hen the0e changed the locE0 at around midnight" had m- .urniture thro?n in the 0treet"
<ro<ert- 0tolen" co..ee thro?n on me" de0tro-ing m- 0mart <hone in the <roce00" etc." etc...,nd de0<ite the hou0emate
having an out0tanding arre0t ?arrant" and animal a>u0e >eing li0ted among0t the element0 o. dome0tic violence" Sargent
Sig.ree told me he ?a0 arre0ting me >ecau0e 1 FEee< <utting -our0el. in the0e 0ituation0F" liEe" ?here 1 am a victim" and
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that he ?a0 Ftr-ing to hel< -ouF" he 0aid ?ith a 0mirE and a laugh to hi0 .ello? !/D 3..icer0" ?hom then <roceeded to
u0e e)ce00ive .orce again0t me. 1 gue00 he ?a0 hel<ing me >- 0addling me ?ith a gro00 mi0demeanor ?ith a G1"%++ >ail"
e0<eciall- ?here it0 >een arranged .or Court Service0" or <re'&rial Service0 to .orever den- me an 3!" de0<ite m-
meeting the .actor0 .or 0uch 0et .orth in 0tatute B3+ -ear re0ident" entire immediate .amil- live0 here" licen0ed to <ractice
la? in Nevada" etc." etc;...1 gue00 it 0hould not >e too much o. a 0ur<ri0e to me that !eno Cit- ,ttorne- /am !o>ert0
.ailed to addre00 the <erAur- o. all three o. her ?itne00e0 or that her .ello? !eno Cit- ,ttorne- Chri0to<her 2aDlett'
Steven0 lied to me a>out ?hether or not the !eno Cit- ,ttorne-C0 3..ice even had an- documentation related to m- arre0t
or ?hether it ?ould in the month >e.ore m- arraignment" de0<ite that .act that 0u>0e@uent <roduction0 o. di0cover- tend
to indicate that the !eno Cit- ,ttorne-C0 3..ice did have tho0e material0 at the time. 1 could >e ?rong a>out 0ome o.
thi0...But that ?ould re@uire and a?.ul lot o. coincidence0.
(urther" the la? in our State doe0 not 0eem e)ce<tionall- clear ?ith regard to the 0ervice and
<roce00 re@uirement0 and timeline0" and manner o. calculating time ?ith re0<ect to the Frecei<tF o.
6ocEout 3rder0. &he ,..idavit o. Service >- =achen 0tate0 that he F<er0onall- 0erved the de0cri>ed
document0 u<onF m-" Zach Coughlin...2o?ever" 1 can atte0t >- ,..idavit that 1 ?a0 not F<er0onall-
0ervedF to the e)tent that F<er0onall- 0ervedF mean0 or im<lie0 that 1 ?a0 there" that =achen 0a? me
or identi.ied me" or an- o. the other indicator0 o. 0omething" 0uch a0 a Com<laint" >eing F<er0onall-
0ervedF 0uch a0 1 under0tand the <hra0e to me. N!C/ %B>;B2;B,;Bi'iii;. (urther" a0 BaEer and 2ill
have 0o o.ten <ointed out" 1 cannot" according to them" receive an- attorne-C0 .ee a?ard .or a<<earing
a0 <ro 0e attorne-" a0 0uch" N!C/ %B>;B2;B,;Bi'iii;" 0hould a<<l- to me onl- a0 a <art-" and not a0 a
<art-C0 attorne-" and" there.ore" according to N!C/ %" Service: FB2; Service under thi0 rule i0 made
>-: B,; Delivering a co<- to the attorne- or the <art- >-: Bi; handing it to the attorne- or to the <art-9
Bii; leaving it at the attorne-L0 or <art-L0 o..ice ?ith a clerE or other <er0on in charge" or i. there i0 no
one in charge" leaving it in a con0<icuou0 <lace in the o..ice9 or Biii; i. the o..ice i0 clo0ed or the
<er0on to >e 0erved ha0 no o..ice" leaving it at the per"on/" '$ell!ng hou"e or u"ul plce o# (o'e
$!th "ome per"on o# "u!t(le ge n' '!"cret!on re"!'!ng there...F So" either it ?a0 m- o..ice" in
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?hich ca0e a No Cau0e Eviction Notice maEe0 im<ermi00i>le a Summar- Eviction /roceeding under
N!S 4+.2%3" and there.ore" the 3rder o. Summar- Eviction i0 void .or lacE o. Auri0diction" or" the
,..idavit o. Service ?a0 on m- home" and ?a0 not FhandedF to me" or F<er0onall- 0ervedF Bde0<ite
the ,..idavit atte0ting to having F<er0onall- 0ervedF me;" nor ?a0 the 3rder o. Summar- Eviction
0erved in accordance ?ith N!C/ %B>;B2;B,;Biii;" ?hich re@uire0: Fi. the o..ice i0 clo0ed or the <er0on
to >e 0erved ha0 no o..ice" leaving it at the per"on/" '$ell!ng hou"e or u"ul plce o# (o'e $!th
"ome per"on o# "u!t(le ge n' '!"cret!on re"!'!ng there..F
(urther" 1 >elieve <o0ting an 3rder on oneC0 re0idence door" <articularl- in the conte)t o. 0erving a No
Cau0e Notice o. Eviction or 5nla?.ul Detainer" i0 onl- valid i. the document >eing 0erved i0 al0o
<laced in the mail and 3 non Audicial da-0 are accorded .or 0ervice to >e com<lete. See N!C/ *Be;. 1
do not >elieve the- can <rove that at all" not even clo0e. N!C/ a<<lie0 to Summar- Eviction
,ction0" according to the .ollo?ing:
FN!S 4+.3$+ /rovi0ion0 governing a<<eal0. Either <art- ma-" ?ithin 1+ da-0" a<<eal .rom the
Audgment rendered. But an a<<eal >- the de.endant 0hall not 0ta- the e)ecution o. the Audgment"
unle00" ?ithin the 1+ da-0" the de.endant 0hall e)ecute and .ile ?ith the court or Au0tice the
de.endantL0 undertaEing to the <lainti.." ?ith t?o or more 0uretie0" in an amount to >e .i)ed >- the
court or Au0tice" >ut ?hich 0hall not >e le00 than t?ice the amount o. the Audgment and co0t0" to the
e..ect that" i. the Audgment a<<ealed .rom >e a..irmed or the a<<eal >e di0mi00ed" the a<<ellant ?ill
<a- the Audgment and the co0t o. a<<eal" the value o. the u0e and occu<ation o. the <ro<ert-" and
damage0 Au0tl- accruing to the <lainti.. during the <endenc- o. the a<<eal. 5<on taEing the a<<eal
and .iling the undertaEing" all .urther <roceeding0 in the ca0e 0hall >e 0ta-ed.J
,ctuall-" a lot o. <eo<le 0eemed con.u0ed regarding the I24 hour0J locEout thing. &he onl- a<<earance in either N!S
11$, or N!S 4+" in the <rovi0ion0 a<<lica>le to Summar- Eviction /roceeding0 o. an-thing related to I24 hour0J i0 in
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N!S 4+.2%3B%;" ?hich onl- 0<eaE0 to a 0ituation ?here the &enant doe0 not .ile a &enantC0 ,n0?er or &enantC0 ,..idavit"
?hich i0 clearl- ina<<lica>le here" a0 the &enant did .ile 0uch a 3<<o0ition to the No Cau0e Eviction Notice: I%. 5<on
noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the Au0tice court o. the
to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located or to the di0trict court o. the
count- in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located" ?hichever ha0 Auri0diction
over the matter. The court m. thereupon !""ue n or'er '!rect!ng the "her!## or con"t(le o# the count. to remo&e
the tennt $!th!n 01 hour" #ter rece!pt o# the or'er. &he a..idavit mu0t 0tate or contain...J
So" a>0ent 0ome 0tatutor- <rovi0ion allo?ing the 3rder o. Summar- Eviction to re0ult in a locEout >- the 8a0hoe
Count- Sheri..C0 3..ice <rior to the 3 da-0 .or mailing ?here <er0onal 0ervice o. the 3rder o. Summar- Eviction ?a0 not
e..ectuated" de0<ite ?hat 8CS3 em<lo-ee ma- have incorrectl- Bor .al0el-; a00erted in the 8CS3C0 4ohn =achemC0
,..idavit o. Service .rom" .ile 0tam<ed Novem>er 7" 2+11 Be0<eciall- ?here it i0 time0tam<ed 4:3+ <m" Novem>er 1"
2+11" e0<eciall- ?here the 3rder o. Summar- Eviction e)<licitl- read0 that no 0uch locEout 0hall occur <rior to %:++ <m
on Novem>er 1" 2+11;. See" N!C/ %B>;B2;B,;Bi'iii;" N!C/ *Be;.
Intere"t!ngl.% R!chr' )!ll 2no$" h!" c"e !" to"t un'er NRCP 34(54054A54!-!!!5% NRCP
64e5% !n ''!t!on to NRCP ++. Tht !" $h. !n R!chr' )!ll7" No&em(er 0+% 0,++ Mot!on #or
Or'er To Sho$ Cu"e% on pge 0% )!ll" re"ort" to l!terll. gr"p!ng t "tr$"% !mg!n!ng tht
$ht the 8"hoe Count. Sher!##7" O##!ce cu"tomr!l. 'oe" !" "omeho$ utomt!cll. co'!#!e'
!nto mn'tor. prece'ent (lc2 letter l$. To $!t% R!chr' )!ll $rote !n h!" Mot!on For Or'er
To Sho$ Cu"e tht- 9FACTS S)O8ING CONTEMPT OF COURT 6. E:)I;IT + $"
"er&e' on Coughl!n on No&em(er < 0,++ (. the 8"hoe Count. Sher!##" Deprtment% (.
po"t!ng "me on the #ront 'oor o# the propert. !n the mnner cu"tomr. #or e&!ct!on" !n
8"hoe Count.. The loc2" to the prem!"e" $ere chnge' t tht t!me% there(. e=ect!ng n'
'!"po""e""!ng Coughl!n o# po""e""!on o# the Propert..> Further% there!n R!chr' )!ll 'm!t"
tht the loc2out occurre' t 1-?, pm% " !n'!cte' !n $r!t!ng !n the 8CSO7" Mchem7"
A##!'&!t o# Ser&!ce% contr to the mn'te o# @u'ge S#errAA7" Or'er o# Summr. E&!ct!on
reBu!r!ng n. loc2out to occur after 3-,, pm% No&em(er +% 0,++.
NRS 1,.?*3 St. o# eCecut!on upon ppelD 'ut. o# tennt $ho ret!n" po""e""!on o#
prem!"e" to p. rent 'ur!ng "t.. Upon n ppel #rom n or'er entere' pur"unt to NRS
1,.03?-
+. ECcept " other$!"e pro&!'e' !n th!" "u("ect!on% "t. o# eCecut!on m. (e o(t!ne' (.
#!l!ng $!th the tr!l court (on' !n the mount o# E03, to co&er the eCpecte' co"t" on ppel. In
n ct!on concern!ng le"e o# commerc!l propert. or n. other propert. #or $h!ch the
monthl. rent eCcee'" E+%,,,% the court m.% upon !t" o$n mot!on or tht o# prt.% n' upon
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"ho$!ng o# goo' cu"e% or'er n ''!t!onl (on' to (e po"te' to co&er the eCpecte' co"t" on
ppel. A "uret. upon the (on' "u(m!t" to the =ur!"'!ct!on o# the ppellte court n'
!rre&oc(l. ppo!nt" the cler2 o# tht court " the "uret./" gent upon $hom pper" ##ect!ng
the "uret./" l!(!l!t. upon the (on' m. (e "er&e'. L!(!l!t. o# "uret. m. (e en#orce'% or the
(on' m. (e rele"e'% on mot!on !n the ppellte court $!thout !n'epen'ent ct!on.
2. , tenant ?ho retain0 <o00e00ion o. the <remi0e0 that are the 0u>Aect o. the a<<eal during the
<endenc- o. the a<<eal 0hall <a- to the landlord rent in the amount <rovided in the underl-ing
contract >et?een the tenant and the landlord a0 it >ecome0 due. 1. the tenant .ail0 to <a- 0uch rent" the
landlord ma- initiate ne? <roceeding0 .or a 0ummar- eviction >- 0erving the tenant ?ith a ne?
notice <ur0uant to N!S 4+.2%3.
N!S 4+.39+ ,<<ellate court not to di0mi00 or @ua0h <roceeding0 .or ?ant o. .orm. 1n all ca0e0
o. a<<eal under N!S 4+.22+ to 4+.42+" inclu0ive" the a<<ellate court 0hall not di0mi00 or @ua0h the
<roceeding0 .or ?ant o. .orm" <rovided the <roceeding0 have >een conducted 0u>0tantiall- according
to the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive9 and amendment0 to the com<laint" an0?er or
0ummon0" in matter0 o. .orm onl-" ma- >e allo?ed >- the court at an- time >e.ore .inal Audgment
u<on 0uch term0 a0 ma- >e Au0t9 and all matter0 o. e)cu0e" Au0ti.ication or avoidance o. the allegation0
in the com<laint ma- >e given in evidence under the an0?er.
NRS 1,.1,, Rule" o# prct!ce. The pro&!"!on" o# NRS% Ne&' Rule" o# C!&!l Proce'ure
n' Ne&' Rule" o# Appellte Proce'ure relt!&e to c!&!l ct!on"% ppel" n' ne$ tr!l"% "o #r
" the. re not !ncon"!"tent $!th the pro&!"!on" o# NRS 1,.00, to 1,.10,% !nclu"!&e% ppl. to the
procee'!ng" ment!one' !n tho"e "ect!on".>
So" con0idering that N!S 4+.4++ re@uire0 that N!C/ a<<l- to Summar- Eviction /roceeding0 under
N!S 4+.2%3" then 0ervice" <roce00" and time calculation0 o. 0uch mu0t com<ort ?ith the dictate0 o.
N!C/ %'*: F !56E %. SE!#1CE ,ND (161N: 3( /6E,D1N:S ,ND 3&2E! /,/E!S
45 Ser&!ce- 8hen ReBu!re'. E)ce<t a0 other?i0e <rovided in the0e rule0" ever- order re@uired
>- it0 term0 to >e 0erved" ever- <leading 0u>0e@uent to the original com<laint unle00 the court
other?i0e order0 >ecau0e o. numerou0 de.endant0" ever- <a<er relating to di0cover- re@uired to >e
0erved u<on a <art- unle00 the court other?i0e order0" ever- ?ritten motion other than one ?hich ma-
>e heard e) <arte" and ever- ?ritten notice" a<<earance" demand" o..er o. Audgment" de0ignation o.
record on a<<eal" and 0imilar <a<er 0hall >e 0erved u<on each o. the <artie0. No 0ervice need >e made
on <artie0 in de.ault .or .ailure to a<<ear e)ce<t that <leading0 a00erting ne? or additional claim0 .or
relie. again0t them 0hall >e 0erved u<on them in the manner <rovided .or 0ervice o. 0ummon0 in !ule
4.
4(5 Sme- )o$ M'e.
B1; 8henever under the0e rule0 0ervice i0 re@uired or <ermitted to >e made u<on a <art-
re<re0ented >- an attorne-" the 0ervice 0hall >e made u<on the attorne- unle00 the court order0 that
0ervice >e made u<on the <art-.
B2; Service under thi0 rule i0 made >-:
B,; Delivering a co<- to the attorne- or the <art- >-:
Bi; handing it to the attorne- or to the <art-9
Bii; leaving it at the attorne-L0 or <art-L0 o..ice ?ith a clerE or other <er0on in
charge" or i. there i0 no one in charge" leaving it in a con0<icuou0 <lace in the o..ice9 or
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Biii; i. the o..ice i0 clo0ed or the <er0on to >e 0erved ha0 no o..ice" leaving it at the
<er0onL0 d?elling hou0e or u0ual <lace o. a>ode ?ith 0ome <er0on o. 0uita>le age and di0cretion
re0iding there.
4;5 M!l!ng cop. to the ttorne. or the prt. t h!" or her l"t 2no$n ''re"".
Ser&!ce (. m!l !" complete on m!l!ngD pro&!'e'% ho$e&er% mot!on% n"$er or other
'ocument con"t!tut!ng the !n!t!l ppernce o# prt. mu"t l"o% !# "er&e' (. m!l% (e #!le'
$!th!n the t!me llo$e' #or "er&!ceD n' pro&!'e' #urther% tht #ter "uch !n!t!l ppernce%
"er&!ce (. m!l (e m'e onl. (. m!l!ng #rom po!nt $!th!n the Stte o# Ne&'.
BC; 1. the attorne- or the <art- ha0 no Eno?n addre00" leaving a co<- ?ith the clerE o. the
court.
4D5 Del!&er!ng cop. (. electron!c men" !# the ttorne. or the prt. "er&e' h"
con"ente' to "er&!ce (. electron!c men". Ser&!ce (. electron!c men" !" complete on
trn"m!""!on pro&!'e'% ho$e&er% mot!on% n"$er or other 'ocument con"t!tut!ng the !n!t!l
ppernce o# prt. mu"t l"o% !# "er&e' (. electron!c men"% (e #!le' $!th!n the t!me llo$e'
#or "er&!ce. The "er&e' ttorne./" or prt./" con"ent to "er&!ce (. electron!c men" "hll (e
eCpre""l. "tte' n' #!le' !n $r!t!ng $!th the cler2 o# the court n' "er&e' on the other prt!e"
to the ct!on. The $r!tten con"ent "hll !'ent!#.-
4!5 the per"on" upon $hom "er&!ce mu"t (e m'eD
4!!5 the ppropr!te ''re"" or loct!on #or "uch "er&!ce% "uch " the
electron!c-m!l ''re"" or #c"!m!le num(erD
4!!!5 the #ormt to (e u"e' #or ttchment"D n'
4!&5 n. other l!m!t" on the "cope or 'urt!on o# the con"ent.
An ttorne./" or prt./" con"ent "hll rem!n e##ect!&e unt!l eCpre""l. re&o2e' or unt!l the
repre"entt!on o# prt. chnge" through entr.% $!th'r$l% or "u("t!tut!on o# coun"el. ,n
attorne- or <art- ?ho ha0 con0ented to 0ervice >- electronic mean0 0hall" ?ithin 1+ da-0 a.ter an-
change o. electronic'mail addre00 or .ac0imile num>er" 0erve and .ile notice o. the ne? electronic'
mail addre00 or .ac0imile num>er.
4?5 Ser&!ce (. electron!c men" un'er Rule 34(54054D5 !" not e##ect!&e !# the prt.
m2!ng "er&!ce lern" tht the ttempte' "er&!ce '!' not rech the per"on to (e "er&e'.
B4; /roo. o. 0ervice ma- >e made >- certi.icate o. an attorne- or o. the attorne-L0 em<lo-ee"
or >- ?ritten admi00ion" or >- a..idavit" or other <roo. 0ati0.actor- to the court. (ailure to maEe <roo.
o. 0ervice 0hall not a..ect the validit- o. 0ervice...
RULE 6. 9TIME
45 Computt!on. 1n com<uting an- <eriod o. time <re0cri>ed or allo?ed >- the0e rule0" >- the
local rule0 o. an- di0trict court" >- order o. court" or >- an- a<<lica>le 0tatute" the da- o. the act"
event" or de.ault .rom ?hich the de0ignated <eriod o. time >egin0 to run 0hall not >e included. &he
la0t da- o. the <eriod 0o com<uted 0hall >e included" unle00 it i0 a Saturda-" a Sunda-" or a
nonAudicial da-" in ?hich event the <eriod run0 until the end o. the ne)t da- ?hich i0 not a Saturda-"
a Sunda-" or a nonAudicial da-" or" ?hen the act to >e done i0 the .iling o. a <a<er in court" a da- on
?hich ?eather or other condition0 have made the o..ice o. the clerE o. the di0trict court inacce00i>le"
in ?hich event the <eriod run0 until the end o. the ne)t da- ?hich i0 not one o. the a.orementioned
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da-0. 8hen the <eriod o. time <re0cri>ed or allo?ed i0 le00 than 11 da-0" intermediate Saturda-0"
Sunda-0" and nonAudicial da-0 0hall >e e)cluded in the com<utation e)ce<t .or tho0e <roceeding0
.iled under &itle0 12 or 13 o. the Nevada !evi0ed Statute0...
4e5 A''!t!onl T!me A#ter Ser&!ce (. M!l or Electron!c Men". 8hene&er prt. h" the
r!ght or !" reBu!re' to 'o "ome ct or t2e "ome procee'!ng" $!th!n pre"cr!(e' per!o' #ter
the "er&!ce o# not!ce or other pper% other thn proce""% upon the prt. n' the not!ce or
pper !" "er&e' upon the prt. (. m!l or (. electron!c men"% ? '." "hll (e ''e' to the
pre"cr!(e' per!o'.
Su>divi0ion Ba; i0 revi0ed to e)tend the e)clu0ion o. intermediate Saturda-0" Sunda-0" and
nonAudicial da-0 to the com<utation o. time <eriod0 le00 than 11 da-0 con0i0tent ?ith the 19$%
amendment0 to the .ederal rule. ,dditionall-" the [[inacce00i>ilit- o. the courtLL <rovi0ion .ound in
0u>divi0ion Ba; o. the .ederal rule i0 added to !ule *Ba;. Su>divi0ion Ba; i0 .urther amended" >- adding
language re.erring to [[<roceeding0 .iled under &itle0 12 or 13 o. the Nevada !evi0ed Statute0"LL to
avoid an- change0 to current <rocedure0 in <ro>ate" guardian0hi< and tru0t <roceeding0....
Su>divi0ion Be; i0 amended to <rovide an additional 3 da-0 to act in re0<on0e to a <a<er that i0
0erved >- electronic mean0 under ne? <aragra<h B2;BD; added to !ule %B>;.F
N!S 4+.2%3 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o. tenant
.or de.ault in <a-ment o. rent.
1. E)ce<t a0 other?i0e <rovided in 0u>0ection 1+" in addition to the remed- <rovided in N!S 4+.2%12 and
4+.29+ to 4+.42+" inclu0ive" ?hen the tennt o# n. '$ell!ng% prtment% mo(!le home% recret!onl
&eh!cle or commerc!l prem!"e" $!th per!o'!c rent re"er&e' (. the month or n. "horter per!o'
!" !n 'e#ult !n p.ment o# the rent" the landlord or the landlordL0 agent" unle00 other?i0e agreed in
?riting" ma- 0erve or have 0erved a notice in ?riting" re@uiring in the alternative the <a-ment o. the
rent or the 0urrender o. the <remi0e0...
4. 1. the tenant .ile0 0uch an a..idavit at or >e.ore the time 0tated in the notice" the landlord or
the landlordL0 agent" a.ter recei<t o. a .ile'0tam<ed co<- o. the a..idavit ?hich ?a0 .iled" 0hall not
<rovide .or the nonadmittance o. the tenant to the <remi0e0 >- locEing or other?i0e.
%. 5<on noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the
Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0
are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or
commercial <remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma-
thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to remove the tenant ?ithin
24 hour0 a.ter recei<t o. the order..
*. 5<on the .iling >- the tenant o. the a..idavit <ermitted in 0u>0ection 3" regardle00 o. the
in.ormation contained in the a..idavit" and the .iling >- the landlord o. the a..idavit <ermitted >-
0u>0ection %" the Au0tice court or the di0trict court 0hall hold a hearing" a.ter 0ervice o. notice o. the
hearing u<on the <artie0" to determine the truth.ulne00 and 0u..icienc- o. an- a..idavit or notice
<rovided .or in thi0 0ection. I# the court 'eterm!ne" tht there !" no legl 'e#en"e " to the llege'
unl$#ul 'et!ner n' the tennt !" gu!lt. o# n unl$#ul 'et!ner% the court m. !""ue
"ummr. or'er #or remo&l o# the tennt or n or'er pro&!'!ng #or the non'm!ttnce o# the
tennt. I# the court 'eterm!ne" tht there !" legl 'e#en"e " to the llege' unl$#ul 'et!ner%
the court "hll re#u"e to grnt e!ther prt. n. rel!e#% n'% eCcept " other$!"e pro&!'e' !n th!"
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"u("ect!on% "hll reBu!re tht n. #urther procee'!ng" (e con'ucte' pur"unt to NRS 1,.0F, to
1,.10,% !nclu"!&e. The !""unce o# "ummr. or'er #or remo&l o# the tennt 'oe" not preclu'e
n ct!on (. the tennt #or n. 'mge" or other rel!e# to $h!ch the tennt m. (e ent!tle'....
7. &he tenant ma-" u<on <a-ment o. the a<<ro<riate .ee0 relating to the .iling and 0ervice o. a
motion" .ile a motion ?ith the court" on a .orm <rovided >- the clerE o. the court" to di0<ute the
amount o. the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$.2+7 or 11$,.4*+ .or the
inventor-" moving and 0torage o. <er0onal <ro<ert- le.t on the <remi0e0. &he motion mu0t >e .iled
?ithin 2+ da-0 a.ter the 0ummar- order .or removal o. the tenant or the a>andonment o. the <remi0e0
>- the tenant" or ?ithin 2+ da-0 a.ter:
Ba; &he tenant ha0 vacated or >een removed .rom the <remi0e09 and
B>; , co<- o. tho0e charge0 ha0 >een re@ue0ted >- or <rovided to the tenant"
Y ?hichever i0 later.
$. 5pon the #!l!ng o# mot!on pur"unt to "u("ect!on G% the court "hll "che'ule her!ng
on the mot!on. The her!ng mu"t (e hel' $!th!n +, '." #ter the #!l!ng o# the mot!on. The court
"hll ##!C the 'te o# the her!ng to the mot!on n' or'er cop. "er&e' upon the ln'lor' (.
the "her!##% con"t(le or other proce"" "er&er. At the her!ng% the court m.:
Ba; Determine the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$.2+7 or 11$,.4*+
and an- accumulating dail- co0t09 and
B>; 3rder the relea0e o. the tenantL0 <ro<ert- u<on the <a-ment o. the charge0 determined to >e
due or i. no charge0 are determined to >e due.J
6andlord =erli00 .iled onl- a No Cau0e Notice o. Eviction in !E#2+11'++17+$ on Commercial
&enant Zach Coughlin" E0@.C0 la? o..ice. ,0 0uch" a Summar- Eviction /roceeding i0 im<ermi00i>le
given the re@uirement o. N!S 4+.2%3 that the Notice alleged non'<a-ment o. rent to allo? the
landlord to <roceed under the Summar- Eviction /roceeding 0ection" N!S 4+.2%3. (urther" 4udge
S.erraDDa ?a0 <recluded .rom ruling on an-thing other than <o00e00ion o. the <remi0e0 <ur0uant to
N!S 4+.2%3B*;" ,nvui" and :laDier. (urther" the tenanc- did not terminate under the 6ea0e
,greement" it ?0 rene?ed.
N!S 4+.2%4 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o.
tenant .rom certain t-<e0 o. <ro<ert-. E)ce<t a0 other?i0e <rovided >- 0<eci.ic 0tatute" in addition to
the remed- <rovided in N!S 4+.2%1 and in N!S 4+.29+ to 4+.42+" inclu0ive" ?hen the tenant o. a
d?elling unit ?hich i0 0u>Aect to the <rovi0ion0 o. cha<ter 11$, o. N!S" <art o. a lo?'rent hou0ing
<rogram o<erated >- a lic hou0ing authorit-" a mo>ile home or a recreational vehicle i0 guilt- o.
an unla?.ul detainer" the landlord i0 entitled to the 0ummar- <rocedure0 <rovided in N!S 4+.2%3
e)ce<t that:
1. 8ritten notice to 0urrender the <remi0e0 mu0t:...4e5 A "ttement tht the cl!m #or rel!e# $"
uthor!Ae' (. l$.
,0 0uch" the too earl- locEout >ring0 into <la- the .ollo?ing:
IN!S 11$,.39+ 5nla?.ul removal or e)clu0ion o. tenant or ?ill.ul interru<tion o. e00ential
0ervice09 <rocedure .or e)<edited relie..
1. 1. the landlord unl$#ull. remo&e" the tennt #rom the prem!"e" or eCclu'e" the tennt (.
(loc2!ng or ttempt!ng to (loc2 the tennt/" entr. upon the prem!"e" or $!ll#ull. !nterrupt" or
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cu"e" or perm!t" the !nterrupt!on o# n. e""ent!l "er&!ce reBu!re' (. the rentl greement or
th!" chpter% the tennt m. reco&er !mme'!te po""e""!on pur"unt to "u("ect!on 1% procee'
un'er NRS ++*A.?*, or term!nte the rentl greement n'% !n ''!t!on to n. other reme'.%
reco&er the tennt/" ctul 'mge"% rece!&e n mount not greter thn E+%,,, to (e #!Ce' (.
the court% or (oth.
2. 1n determining the amount" i. an-" to >e a?arded under 0u>0ection 1" the court 0hall con0ider:
Ba; 8hether the landlord acted in good .aith9
B>; &he cour0e o. conduct >et?een the landlord and the tenant9 and
Bc; &he degree o. harm to the tenant cau0ed >- the landlordL0 conduct.
3. 1. the rental agreement i0 terminated <ur0uant to 0u>0ection 1" the landlord 0hall return all
<re<aid rent and 0ecurit- recovera>le under thi0 cha<ter.
4. E)ce<t a0 other?i0e <rovided in 0u>0ection %" the tenant ma- recover immediate <o00e00ion o.
the <remi0e0 .rom the landlord >- .iling a veri.ied com<laint .or e)<edited relie. .or the unla?.ul
removal or e)clu0ion o. the tenant .rom the <remi0e0 or the ?ill.ul interru<tion o. e00ential 0ervice0.
%. , veri.ied com<laint .or e)<edited relie.:
Ba; =u0t >e .iled ?ith the court ?ithin % Audicial da-0 a.ter the date o. the unla?.ul act >- the
landlord" and the veri.ied com<laint mu0t >e di0mi00ed i. it i0 not timel- .iled. 1. the veri.ied
com<laint .or e)<edited relie. i0 di0mi00ed <ur0uant to thi0 <aragra<h" the tenant retain0 the right to
<ur0ue all other availa>le remedie0 again0t the landlord.
B>; =a- not >e .iled ?ith the court i. an action .or 0ummar- eviction or unla?.ul detainer i0
alread- <ending >et?een the landlord and tenant" >ut the tenant ma- 0eeE 0imilar relie. >e.ore the
Audge <re0iding over the <ending action.
*. &he court 0hall conduct a hearing on the veri.ied com<laint .or e)<edited relie. ?ithin 3
Audicial da-0 a.ter the .iling o. the veri.ied com<laint .or e)<edited relie.. Be.ore or at the 0cheduled
hearing" the tenant mu0t <rovide <roo. that the landlord ha0 >een <ro<erl- 0erved ?ith a co<- o. the
veri.ied com<laint .or e)<edited relie.. 5<on the hearing" i. it i0 determined that the landlord ha0
violated an- o. the <rovi0ion0 o. 0u>0ection 1" the court ma-:
Ba; 3rder the landlord to re0tore to the tenant the <remi0e0 or e00ential 0ervice0" or >oth9
B>; ,?ard damage0 <ur0uant to 0u>0ection 19 and
Bc; EnAoin the landlord .rom violating the <rovi0ion0 o. 0u>0ection 1 and" i. the circum0tance0 0o
?arrant" hold the landlord in contem<t o. court.
7. &he <a-ment o. all co0t0 and o..icial .ee0 mu0t >e de.erred .or an- tenant ?ho .ile0 a veri.ied
com<laint .or e)<edited relie.. ,.ter an- hearing and not later than .inal di0<o0ition o. the .iling or
order" the court 0hall a00e00 the co0t0 and .ee0 again0t the <art- that doe0 not <revail" e)ce<t that the
court ma- reduce them or ?aive them" a0 Au0tice ma- re@uire.J
IN!S 11$,.+9+ IE)cludeJ de.ined. IE)cludeJ mean0 to evict or to <rohi>it entr- >- locEing door0 or >- other?i0e
>locEing or attem<ting to >locE entr-" or to maEe a d?elling unit uninha>ita>le >- interru<ting or cau0ing the interru<tion
o. electric" ga0" ?ater or other e00ential 0ervice0.J
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,66 /,/E!S ,ND /6E,D1N:S ,ND C3!!ES/3NDENCS /!E#135S67 S5B=1&&ED &3 &2E !EN3
45S&1CE C35!& ,ND 3! 1&S E=/637EES 1S 2E!EB7 1NC3!/3!,&ED B7 !E(E!ENCE 1N&3 &21S
(161N:.
N!S 11$,.19+: I Notice: De.inition9 0ervice.
1. , <er0on ha0 notice o. a .act i.:
Ba; &he <er0on ha0 actual Eno?ledge o. it9
B>; &he <er0on ha0 received a notice or noti.ication o. it9 or
Bc; (rom all the .act0 and circum0tance0 the <er0on rea0ona>l- 0hould Eno? that it e)i0t0.
0. 8r!tten not!ce" to the tennt pre"cr!(e' (. th!" chpter "hll (e "er&e' !n the mnner pro&!'e' (. NRS
1,.0*,.
3. 8ritten notice0 to the landlord <re0cri>ed >- thi0 cha<ter ma- >e delivered or mailed to the <lace o. >u0ine00 o. the
landlord de0ignated in the rental agreement or to an- <lace held out >- the landlord a0 the <lace .or the recei<t o. rental
<a-ment0 .rom the tenant and are e..ective .rom the date o. deliver- or mailing.J
INRS 1,.0*, Service o. notice0 to @uit9 <roo. re@uired >e.ore i00uance o. order to remove.
1. E)ce<t a0 other?i0e <rovided in N!S 4+.2%3" the notice0 re@uired >- N!S 4+.2%1 to 4+.2*+" inclu0ive" ma- >e
0erved:
Ba; B- delivering a co<- to the tenant <er0onall-" in the <re0ence o. a ?itne009
B>; 1. the tenant i0 a>0ent .rom the tenantL0 <lace o. re0idence or .rom the tenantL0 u0ual <lace o. >u0ine00" >- leaving
a co<- ?ith a <er0on o. 0uita>le age and di0cretion at either <lace and mailing a co<- to the tenant at the tenantL0 <lace o.
re0idence or <lace o. >u0ine009 or
Bc; 1. the <lace o. re0idence or >u0ine00 cannot >e a0certained" or a <er0on o. 0uita>le age or di0cretion cannot >e
.ound there" >- <o0ting a co<- in a con0<icuou0 <lace on the lea0ed <ro<ert-" delivering a co<- to a <er0on there re0iding"
i. the <er0on can >e .ound" and mailing a co<- to the tenant at the <lace ?here the lea0ed <ro<ert- i0 0ituated.J
1 did not receive an- o. the email0 allegedl- 0ent to m- .rom !ichard 2illC0 email addre00" rhillWrichardhilla?.com
>et?een ,ugu0t 1$th" 2+11 to Novem>er 17th" 2+11" and certainl- none .rom rhillWrichardhilla?.com during the <eriod
>et?een the illegal locEout at 4:3+ <m Novem>er 1" 2+11 and the tre0<a00 arre0t o. Novem>er 13th" 2+11 ?hich allegedl-
0<oEe to m- >eing <rovided acce00 to the <ro<ert- .or the <ur<o0e o. m- removing m- >elonging0" de0<ite m- numerou0
call0 and ?ritten re@ue0t0" ?hich outlined the e)igencie0 inherent to m- >eing <recluded acce00 to m- client .ile0 incident
to an unla?.ul and im<ro<erl- notice and too earl- occurring locEout >- the 8CS3. 1 and m- >u0ine00 have >een
damaged greatl- >- the0e act0. (urther" 1 had re<eatedl- 0ent >oth BaEer and 2ill notice" in ?riting" that 1 did not con0ent
to 0ervice or notice o. an-thing via electronic mean0. (urther N!S 11$,.19+ doe0 not 0<eaE to Inotice o.J a legal
.inding" >ut rather to Inotice o. a .actJ. ,0 0uch" 1 ?a0 not a<<ro<riatel- 0erved notice o. the 3rder o. Summar- Eviction"
and an illegal locEout occurred" a0 0uch no criminal tre0<a00 charge can 0tand.
IN!S 11$,.2*+ Di0clo0ure o. name0 and addre00e0 o. manager0 and o?ner09 emergenc- tele<hone num>er9 0ervice o.
<roce00.
1. &he landlord" or an- <er0on authoriDed to enter into a rental agreement on hi0 or her >ehal." 0hall di0clo0e to the
tenant in ?riting at or >e.ore the commencement o. the tenanc-:
Ba; &he name and addre00 o.:
B1; &he <er0on0 authoriDed to manage the <remi0e09
B2; , <er0on ?ithin thi0 State authoriDed to act .or and on >ehal. o. the landlord .or the <ur<o0e o. 0ervice o.
<roce00 and receiving notice0 and demand09 and
B3; &he <rinci<al or cor<orate o?ner.
B>; , tele<hone num>er at ?hich a re0<on0i>le <er0on ?ho re0ide0 in the count- or ?ithin *+ mile0 o. ?here the
<remi0e0 are located ma- >e called in ca0e o. emergenc-.
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2. &he in.ormation re@uired to >e .urni0hed >- thi0 0ection mu0t >e Ee<t current" and thi0 0ection i0 en.orcea>le
again0t an- 0ucce00or landlord or manager o. the <remi0e0.
3. , <art- ?ho enter0 into a rental agreement on >ehal. o. the landlord and .ail0 to com<l- ?ith thi0 0ection i0 an
agent o. the landlord .or <ur<o0e0 o.:
Ba; Service o. <roce00 and receiving notice0 and demand09 and
B>; /er.orming the o>ligation0 o. the landlord under la? and under the rental agreement.
4. 1n an- action again0t a landlord ?hich involve0 hi0 or her rental <ro<ert-" 0ervice o. <roce00 u<on the manager o.
the <ro<ert- or a <er0on de0cri>ed in <aragra<h Ba; o. 0u>0ection 1 0hall >e deemed to >e 0ervice u<on the landlord. &he
o>ligation0 o. the landlord devolve u<on the <er0on0 authoriDed to enter into a rental agreement on hi0 or her >ehal..
%. &hi0 0ection doe0 not limit or remove the lia>ilit- o. an undi0clo0ed landlord.J
N!S 4+.31+ 100ue o. .act to >e tried >- Aur- i. <ro<er demand made. 8henever an i00ue o. .act i0 <re0ented >- the
<leading0" it 0hall >e tried >- a Aur-" i. <ro<er demand i0 made <ur0uant to the Nevada !ule0 o. Civil /rocedure or the
4u0tice Court !ule0 o. Civil /rocedure
,ctuall-" a lot o. <eo<le 0eemed con.u0ed regarding the I24 hour0J locEout thing. &he onl- a<<earance in either N!S
11$, or N!S 4+" in the <rovi0ion0 a<<lica>le to Summar- Eviction /roceeding0 o. an-thing related to I24 hour0J i0 in
N!S 4+.2%3B%;" ?hich onl- 0<eaE0 to a 0ituation ?here the &enant doe0 not .ile a &enantC0 ,n0?er or &enantC0 ,..idavit"
?hich i0 clearl- ina<<lica>le here" a0 the &enant did .ile 0uch a 3<<o0ition to the No Cau0e Eviction Notice: I%. 5<on
noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the Au0tice court o. the
to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located or to the di0trict court o. the
count- in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located" ?hichever ha0 Auri0diction
over the matter. The court m. thereupon !""ue n or'er '!rect!ng the "her!## or con"t(le o# the count. to remo&e
the tennt $!th!n 01 hour" #ter rece!pt o# the or'er. &he a..idavit mu0t 0tate or contain...J
So% ("ent "ome "ttutor. pro&!"!on llo$!ng the Or'er o# Summr. E&!ct!on to re"ult !n
loc2out (. the 8"hoe Count. Sher!##7" O##!ce pr!or to the ? '." #or m!l!ng $here per"onl
"er&!ce o# the Or'er o# Summr. E&!ct!on $" not e##ectute'% 'e"p!te $ht 8CSO emplo.ee
m. h&e !ncorrectl. 4or #l"el.5 ""erte' !n the 8CSO7" @ohn Mchem7" A##!'&!t o# Ser&!ce
#rom% #!le "tmpe' No&em(er G% 0,++. Attche' " ECh!(!t +. E)hi>it 1: $" not e##ectute'%
'e"p!te $ht 8CSO emplo.ee m. h&e !ncorrectl. 4or #l"el.5 ""erte' !n the 8CSO7" @ohn
Mchem7" A##!'&!t o# Ser&!ce #rom% #!le "tmpe' No&em(er G% 0,++ long $!th $r!tten
'm!""!on #rom 8CSO C!&!l Ser&!ce D!&!"!on Super&!"or L!A Stuchell tht Mchem onl. po"te'
the Or'er o# Summr. E&!ct!on on the 'oor o# the #ormer home l$ o##!ce% rther thn
<per"onll. "er&e'< !t n' R!chr' )!ll E"B7" o$n Proo# o# Ser&!ce o# Not!ce o# Entr. o# the
Or'er #or Summr. E&!ct!on "ho$!ng m!le' on 'te o# No&em(er +% 0,++ 4n' the R@C
ne&er m!le' cop. o# tht OR'er ccor'!ng the to Recor' on Appel !n CH++-,?60*5- three
4?5 pge".
AFFIRMATION PURSUANT TO NRS 0?F;.,?,
&he under0igned doe0 here>- a..irm that the <receding document doe0 not contain the 0ocial
0ecurit- num>er o. an- <er0on.
Dated at !eno" Nevada" thi0 3rd da- o. =arch" 2+12"
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6,8 3((1CES 3( Zachar- BarEer Coughlin
Co'coun0el .or the De.endant
B-:OOOOOOOOOOOOOOOOOOOOOO
Zach Coughlin" E0@.
Nevada Bar No: 9473
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PROOF OF SERHICE
/ur0uant to N!C/ %B>;" 1 certi.- that 1 0erved a co<- o. the .oregoing document u<on the
.ollo?ing <art- >- .a)ing" emailing" dro<<ing o.. at their o..ice" and <lacing a true and correct co<-
o. the .oregoing document in the u0 mail addre00ed to:
4ill DraEe" E0@.
!eno Cit- ,ttorne-C0 3..ice ' Criminal Divi0on
/.3. Bo) 19++
!eno " N# $9%+%
/hone Num>er: 77%'334'2+%+ (a) num>er: 77%'334'242+
DraEe4Wreno.gov
,ttorne- .or Cit- o. !eno
Xeith 6lo-d 6oomi0" E0@.
94*$ Dou>le ! Blvd. Suite ,
!eno" N# $9%21
/hone Num>er: 77%'$%3'7222 (a) num>er: 77%'$%3'+$*+
Eeithloomi0WearthlinE.net
!=C (iling 3..ice (a) =achine: (a): B77%; 334'3$24
Date thi0 =arch 3" 2+12:
NSN Zach Coughlin
Zach Coughlin" De.endant
Co'Coun0el .or De.endant
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INDE: TO E:)I;ITS
1. E)hi>it 1: $" not e##ectute'% 'e"p!te $ht 8CSO emplo.ee m. h&e !ncorrectl. 4or
#l"el.5 ""erte' !n the 8CSO7" @ohn Mchem7" A##!'&!t o# Ser&!ce #rom% #!le "tmpe'
No&em(er G% 0,++ long $!th $r!tten 'm!""!on #rom 8CSO C!&!l Ser&!ce D!&!"!on Super&!"or
L!A Stuchell tht Mchem onl. po"te' the Or'er o# Summr. E&!ct!on on the 'oor o# the
#ormer home l$ o##!ce% rther thn <per"onll. "er&e'< !t n' R!chr' )!ll E"B7" o$n Proo# o#
Ser&!ce o# Not!ce o# Entr. o# the Or'er #or Summr. E&!ct!on "ho$!ng m!le' on 'te o#
No&em(er +% 0,++ 4n' the R@C ne&er m!le' cop. o# tht OR'er ccor'!ng the to Recor' on
Appel !n CH++-,?60*5- three 4?5 pge".
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EXHIBIT 1
EXHIBIT 1
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IN THE RENO JUSTICE COURT
COUNTY OF WASHOE; STATE OF NEVADA
STATE OF NEVADA,
PLAINTIFF
vs.
ZACH COUGHLIN;

DEFENDANT
.
)
)
)
)
)
)
RCR20110!""#1
DEPT 2
NOTICE OF IRREGULARITIES
$%%&'((s)*v.+s(T%#)Y,
$%%&'((s)*v.+s(-+R.VL
/01)2* %2 %$3 %*456107s,../$3/. %$0% /3*% 2, s3*v4/3 21 278 L3s743 T4507s 11(9(12 ,0:41; %2 C26;$741 0% <#< !!9
9#02...213, ,0: %2 /26;$741 12% s6,,4/431% s3*v4/3...%=2, s$3 )4)18% ,0: 01>%$41; %2 /26;$741, %$*33, /3*%4,4/0%3
2, s3*v4/3 )23s 12% +31%421 4% 5341; s3*v3) 21 DDA Y261;...>3% DDA Y261; $0) 4% 0% %$3 11(1<(12 T*407
)0%3 41 RR20110!""#1 ?%$3 213 =$3*3 $4s 217> @&*22,@ 0s %2 %$3 4)31%4%> 2* 10%6*3 2, %$3 %$41; 0773;3)7>
s%2731 =0s s2+3 @v3*4&4/@ %$41; %$0% $3 DDA Y261; %22. )4*3/%7> 26% 2, %$3 &274/3 *3&2*%...=$3*3 DDA
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,473) */*20110!""# @O*)3* D31>41; D2%421s ,2* D4s%*407 01) C21%41601/3@ ?=4%$ 0 ,473 s%0+& 2, 11'#1 AD)
TWICE, =$473 %$3 @O*)3*@ 50*41; 0 ,473 s%0+& 2, 11'#2 0+ 21 12(1!(11 41 */*20110!""#1 =0s 13v3* ,0:3)
%2 C26;$741, )3s&4%3 %$3 C3*%4,4/0%3 2, S3*v4/3 2, RJC L2*4 T2=1s31) 41)4/0%41; 4% =0s...%$3 )4;4%077>
v3*4,40573 *3/34&%s 21 C26;$7418s 31) &*2v3 2%$3*=4s3, 01) YOU ARE HEREEY PLACED ON A
LITIGATION HOLD NOTICE WITH RESPECT TO ANY AND ALL FA- LOGS EY EITHER THE
WASHOE COUNTY PUELIC DEFENDER AND RENO JUSTICE COURT, OR THE RENO CITY
ATTORNEY, OR WASHOE COUNTY DISTRICT ATTORNEY8S OFFICE AS TO ANY FA-ES,
EDAILS, OR OTHER TRANSDISSIONS PURPORTING TO EE DELIVERED OR SENT TO ZACH
COUGHLIN AT ZACHCOUGHLINFHOTDAIL.COD AND OR ZACH COUGHLIN8S FA- NUDEER
AS LISTED UNDER SCR 90 AT WW.NVEAR.ORG OF <#< !!9 9#02.
ADD TO THIS ANY AND ALL FA- LOGS ?INTERESTING WHAT CURTIS HARVEY HAS TO SAY
AEOUT THINGS) THE RENO JUSTICE COURT AND WASHOE COUNTY SHERIFFS OFFICE ?AND
THE SADE WATTSVIAL NADE CODES UP ON DOTIONS TO GUASH AS IN JUDICIAL
ASSISTANTS IN THE RJC...HDDDDN....LIHE THE TOWNSEND NADE CODES UP IN RJC
JUDGE8S SECRETARIES AND RENO DARSHALS IN THE RDC, LIHE THE DARRIAGE EETWEEN
DATERIAL WITNESS ARRESTING OFFICER RPD NICH DURALDE AND ECODD(<11
DISPATCHER WORHING THAT NIGHT WHOSE VOICE IS APPARENTLY ON E-HIEIT 2 FROD
THE 0!""#1 TRIAL DISPATCH TAPES, HIS WIFE, JESSICA DURALDE..
ADD TO THAT THE FACT THAT THE RENO JUSTICE COURT FAILED TO CODPLY WITH
COUGHLIN8S SUEPOENAS FOR THE 11(1#(12 DISCIPLINARY HEARING AT THE STATE EAR OF
NEVADA ?THE ONE WHERE THE SEN AND PANEL TRIED TO PULL A IN RE DIRCH ON
COUGHLIN EY USING SCR 111?C)8S @IF A JUDGE SIGNED AN ORDER ITS CONCLUSIVE PROOF
OF A CONVICTION, SO WE8LL HAVE HER CODE IN AND TESTIFY TOO AND ALLUDE TO
UNSWORN HEARSAY ?LIHE EY RDC DARSHAL HARLEY AEOUT SODE @DISASSEDELING A
RECORDING DEVICE AND HIDING IT IN THE EATHROOD@ NONSENSE THAT IS PATENTLY
FALSE) AND THEN CLOAH THE JUDGES LIES IN A WARD CURTAIN OF JUDICIAL
IDDUNITY....
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?01) %$3 SEN8s H41; 07=0>s 31B2>s 0 ;22) SCR 111?C) s$2*% =2*.)0>, %2 53 s6*3)....4% 4s 12% s2 /730* 4%s
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3:%*0 B6)4/407 )4s/6ss421s *3s67%3) 41 01 4+&3*+4ss4573 3,,3/% 5341; $0) 21 %$3 *6741; 41 *3v20110!""#1 ?12%
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RULEK10<.KKSETTING OF TRIAL IN ACTIONS
PURSUANT TO NRS #0.2<0

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%$0%L $++++1 4%s 07+2s% 12% 3v31 13/3ss0*> %2 &6% %$3 RENO JUSTICE COURT AND WASHOE
COUNTY DISTRICT ATTORNEY8S OFFICE AND WASHOE COUNTY SHERIFF8S OFFICE ON A
LITIGATION HOLD NOTICE AS TO THE VIDEO FOOTAGE OF COUGHLIN FILING THOSE
RESPECTIVE DOTIONS, INCLUDING THE ONE8S FILED ON 11(1C(12 ?COUGHLIN HNOWS WHAT
WAS ATTACHED TO WHAT EUT IT DIGHT EE HARD FOR THE COURT TO HEEP THAT CLEAR
AS TO RCR20110!""#1 AND RCR20120!C!"0...EUT THAT WILL EECODE AWFULLY
IDPORTANT, ESPECIALLY CONSIDERING THE CELL PHONE RECORDS OF COREY GOELE,
FOR THE AUGUST 20TH, 2011 ARREST IN GUESTION, THE TESTIDONY OF ZARATE, GOELE,
TEDPLETON, AND LICHTY ET AL CONSIDERING THE SCANT ADOUNT OF CALLS AND EY
WHOD REVEALED IN THOSE RECORDS AND SET FORTH IN COUGHLIN8S DOTION FOR
DISTRIAL ETC. AND THE VARIOUS TESTIDONY SPEAHING TO THOSE CALLS ?COACH DDY
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YOUNG SURE HAD THOSE WITNESSES UNAELE TO REDEDEER DUCH OF ANYTHING
AEOUT WHO DADE THE CALLS, HUHL JUST TESTIDONY THAT A CALL WAS DADE....EUT
AEOUT C OUT OF C WITNESS COULDN8T REDEDEER WHO DADE IT AEOUT ALL OF THE
CALLS THAT NIGHT, AND GIVEN THERE WAS ONLY # TO OR FROD GOELE8S PHONES
DURING THE RELEVANT PERIOD...THE DATH IS FUZZY...TAPE DON8T LIE...WHY ELSE
WOULD DDA YOUNG AND JID LESLIE EE SO HEEN TO HEEP OUT OF EVIDENCE ALL OF THE
VIDEO AND AUDIO EVIDENCE INSPECTOR COUGHLIN COLLECTEDL T$3 ;2% 0 *307 *26%413
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44 08/20/11 11: 21P 0:21 17753786673 17755279440 0:00 17755279440
45 08/20/11 11:26P 0:21 17753786673 17755279440 0:00 17755279440
46 08/20/11 11:33P 0:12 17752303726 17755279440 0:00 17755279440
47 08/20/11 11:36P 0:01 17755279440 17752303726 0:00 17752303726
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## 0J(20(11 0<'2#P 199C3786673 199CC29<##0 IN
#C 0J(20(11 10'2"P 199C"0#"00# 199CC29<##0 IN
#! 0J(20(11 10'"<P 199C"0#"00# 199CC29<##0 IN
C0 0J(21(11 01'12A 199C3786673 199CC29<##0
RELEVANT NUDEERS'
"0#"00# ?10'#" &+ /077 %2 4P$213 70s%41; " +416%3s 01) s+s %3:% +3ss0;3s %2 4P$213 0%
10'2" &+ 01) 10'"< &+)
378-6673 ?11'21 &+ 01) 11'2! &+ /077s %2 4P$213, 07s2 +0%/$3s 01 41/2+41; s+s
+3ss0;3s %2 %$3 4&$213 2, <'2# &+ 21 J(20(11 01) J(21(11 0% 1'12 0+)
230-3726 @N4/.@ ?RPD O,,4/3* N4/. D6*07)3 01s=3*3) s0>41; @$3> R0B@ 2* @H3> R2);3@
NOTE' C267) %$4s 53 RPD O,,4/3* N4/. D6*07)38s /377670* &$213 16+53*L I, s2, )23s %$0%
41)4/0%3 s2+3 ,6*%4v3 0/%4v4%> 21 $4s &0*% =$3*3 $4s s%0%3+31%s 41 $4s S6&&73+31%07
D3/70*0%421 01) &3*$0&s 0% T*407 41)4/0%3 $3 /0773) %$3 &$213 0773;3)7> 53721;41; %2 G2573
5> 6s41; s2+3213 37s38s &$213L D6*07)38s S6&&73+31%07 D3/70*0%421 41)4/0%3s' @I
25%0413) GOELE8s /377670* &$213 16+53* 01) /0773) %$3 16+53* ,*2+ 012%$3* &$213. I
$30*) 0 v45*0%41; 124s3 /2+41; ,*2+ COUGHLIN8s 73,% ,*21% &2/.3% 01) %26/$3) %$3
26%s4)3 2, $4s s$2*%s =$3*3 I $0) &*3v426s7> ,37% %$3 &$213. I %$31 s%2&&3) /07741;
GOELE8s &$213 ,*2+ %$3 s3&0*0%3 &$213 01) %$3 &$213 41 COUGHLIN8s &2/.3%, %$0% $0)
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5331 v45*0%41;, s%2&&3).@ D6*07)38s =*4%41; $3* 4s 07s2 *373v01% =4%$ *3s&3/% %2 $4s 70%3*
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/077 2, 11'29'11 &+...I, UFC G6> 4s s6/$ 0 s%*01;3* %2 3v3*>213 ?01) 213 2, %$3 v4)32s
=4%$ L4/$%> +0> *3v307 L4/$%> 41)4/0%41; UFC G6>8s ,4*s% 10+3, 0% 730s%..), %$31 =$> )23s
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s3/21) <11 /077L A1) =$> )4) G2573 %3s%4,> %$0% $3 217> +0)3 213 <11 /077L C267) 4% 53
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DISC'
R>01 G2573' C29<##0
N4/273 W0%s21 N3v0)0 R312 ?99C) JC2#<#< N #11.41,2 ?%$4s 4s %$3 061% 2, %$3 191J
>30* 27) N4/273 W0%s21, %$3> s$0*3 %$3 s0+3 10+3).
Robert Dawson, 4775 Summit Ridge Dr. #1052, Reno, NY 8952! "o#ton $em%#eton, &&& '(erest Dr., Reno,
NY 8952! Ni)o#e *atson, +775, 2-0&7.
41/76)3) $3*341 4s 01 3:/6s0573 13;73/% 50s4s 2* ;22) /06s3 ,2* *341s%0%41; %$3 0&&307 53>21) %$3 ,0/% %$0% %$3
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%$3 0ss2/40%3 !0""1.
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Supreme Court has obligatio i !is"ipliar# pro"ee!ig to loo$ be#o! label gi%e to attore#&s
"o%i"tio to true ature o' 'a"ts( i or!er to !etermie )hether u!erl#ig "ir"umsta"es o'
"o%i"tio )arrat !is"iplie* S6&.C%.R673s, R673 111, s65). ". S%0%3 E0* 2, N3v0)0
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2,,4/3 ,2* %*3s&0ss41;'
THE COURT' W$31 D*. H477 4s $3*3 %2 0s. s2+3 A63s%421s %$0% I %$41.
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%$3 C26*% 41 %3*+s 2, %$4s /0s3 v40 /*2ss3:0+410%421.
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DR. COUGHLIN' Y3s, s4*, Y26* H212*. I877 =*0& %$4s 6& A64/.7>. EY
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2011 41 /2113/%421 =4%$ %$3 72/.26%.
NOTE' COUGHLIN FILES T HIS WITH THE CAVEAT THAT, WHILE SODE SECTIONS
DAY EE A DECLARATION OR SAY SODEYHIGN AEOUT PERJURY, COUGHLIN NEEDS DORE
TIDE TO CLEAN THIS DOCUDENT UP, YET THE IDDINENT THREAT OF ATTACH AND OR
RETALIATION EY THE SEN, LOCAL PROSECUTORS, OR LAW ENFORCEDENT DICTATES
SUEDITTING THIS FILING NOW, DUE TO THE E-IGENCIES INVOLVED, WHICH E-ISTS
SOLELY DUE TO THEIR DISCONDUCT AND IN NO WAY STED FROD ANY FAILURE ON
COUGHLIN8S PART TO UNDERTAHE DUE DILIGENCE IN EVERY WAY.
D2/.3% 31%*> ,2* %$3 %*407 /26*% +0%%3* %$4s /0s3 =0s 0&&3073) ,*2+, /v110"!2J ?0 N2%4/3 2, A&&307 =0s
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5*2%$3* ?s33 D01)0+6s P3%4%421 5> C26;$741 0;041s% L41)0 G0*)13* 41 C#J## 01) %$3 0%%0/$3) J(19(11
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s%3+'
0!SEP2012 0#'CC PD ON2%4/3(A&&307 S6&*3+3 C26*% COUGHLIN, ZACHARY
E1%*>' APPEAL FEE PAID FOR THE 9"012 NOTICE OF APPEAL IDAGE ATTACHED TO JULY
FILING
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$%%&'((===.//=0s$23./2+(&6574/(/.R&6574/RA*>R)2/%./&R).%*&%R,*0+3sL
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0!SEP
2012
0#'CC PD
ON2%4/3(A&&307 S6&*3+3 C26*% COUGHLIN, ZACHARY
+tr#:
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0;041s% C26;$741 41 1;120#"C ?%$3 SEN 01) NNDE $37) 0 )4s/4&7410*> $30*41; 21 11(1#(12 )3s&4%3 %$3
&0137 12% 3v31 5341; /$2s31 61%47 10("0(12...)218% =2**> %$26;$, C$04* J2$1 E/$3v3**40 =0s 0573 %2 s%3& 41
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3v31 213 41s%01/3 s$2*%7> 53,2*3 C26;$7418s ,4*41; =$3*3 E7/012 $0) C26;$741 ;$2s% =*4%3 0 20 &0;3 2* s2
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%0:3s 21 53$07, 2, %$3 &*4v0%3 ,2* &*2,4%, 701)72*)...01) 72%s 2, /2+&0*41; C26;$741 %2 S3054s/64%, /21s%01%
/*4%4A63s 2, 01) 31,2*/3+31%s 2, 0 @)*3ss /2)3@ %$0% 0&&743) 217> %2 C26;$741, 3%/., 3%/.)...A1>=0>s, ,41077>,
0,%3* 2v3* J +21%$s 2, C26;$741 *3A63s%41; %$3 +0%3*407s, %$3 SEN H41;8s 0**01;3) %2 $0v3 C26;$7418s SCR
10C?2)?/) *4;$%s *0&3) 0 74%%73 73ss %$01 %$3 $0v3 5331, 41 ;3%%41; C$04* E/$3v3**40 ?=$2+ =2*.s *3+0*.057>
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C26;$7418s D2%421s ?%$26;$ 6&21 0 /*2ss 3:0+410%421 2, C$04* E/$3v3**40 4% 53/0+3 A64%3 /730* $3 $0) 12%
*30) &*0/%4/077> 01>%$41; 2, =$0% C26;$741 =2*.3) $0*) 21 01) s65+4%%3) %2 %$3 SEN 01) %$3 C$04* ?01) %$3
C$04*8s *6741; 01 0 +2%421 %$0% $3 =0s 12% s31% 5> 01> +301s 2%$3* %$31 373/%*214/ s3*v4/3 4s 3v31 +2*3
3v4)31/3 2, %$3 0//3&%01/3 2, s6/$ s3*v4/3 5> %$3 SEN 01) %$3 P0137...%$26;$ 12= %$3 P0137 01) SEN 0*3
0%%3+&%41; %2 @$0v3 4% 52%$ =0>s@ 01) 07%3*10%37> /704+ %$0% H41; $0s ,2*=0*)3) 077 2, C26;$7418s ,4741; 21 %2
%$3 P0137 D3+53*s ?56% H41; ;2% /06;$% 7>41; 0526% %$0% 0% %$3 H30*41;, %2 =$4/$ P0137 D3+53* D/G32*;3
SOL /70ss 2, 1<J0 S%3&$31 H31% 5*0I317> ;0v3 H41; 0 &0ss 01) 41)4/0%3) $3 =267)18% *3v43= %$3 3:$454%s
0%%0/$3) %2 C26;$741 ,4741;s 01>=0>, 41/76)41; %$2s3 /21%04141; @%0&3 )218% 743@ 3:/6&70%2*> v4)32 01) 06)42
3v4)31/3 ?01) 3v31 =$3*3 %$3 P0137 s33.s %2 70I47> *3s% 21 %$3 701;60;3 41 SCR 111 0526% 0 @/21v4/%421 4s
/21/76s4v3 &*22,@ )3s&4%3 5341; &*3s31%3) =4%$ C70452*13 01) 2%$3* 06%$2*4%> ?41/76)41; "9 CFR 11.2C?")?0),
?/), =$4/$ =477 74.37> *3s67% 41 %$3 SEN 01) v0*426s 72/07 B6);3s =2*. 5341; )4ss3/%3) 41 ,413 )3%047 41 0
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,3)3*07 s3%%41; ;4v31 C26;$7418s 5341; 74/31s3) %2 &*0/%4/3 &0%31% 70= 53,2*3 %$3 U14%3) S%0%3s P0%31% 01)
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C4%> A%%2*13> C*43; S.06, EsA. 0&&30*s %2 $0v3 743) 0526% J6);3 S,3**0II0 2*)3*41; %$0% 01 E+3*;31/> E:
P0*%3 D2%421 %2 G60s$ C26;$7418s S65&2310s ?s331 52%$ 41 %$3 )4s/4&7410*> &*2/33)41; 01) 41 %$3 &3%%>
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/704+ 4%....
A1> 0ss3*%421 5> %$3 SEN %$0% R3s&21)31% $0s 0/%607 12%4/3 2, %$4s %$3 NOITD, %$3 D2WS23, 2*
01> S6&&73+31%07 %2 %$3 D3s4;10%421 2, W4%13ss3s, 01) .12=73);3 2, s6/$ s2+3$2= 3:/6s3s &*2&3* s3*v4/3
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12% 0 s65s%4%6%3 ,2* &*2&3* s3*v4/3 2, &*2/3ss. C.H.A V31%6*3 v. G.C. W0770/3 C21s67%41; E1;4133*s, I1/.,
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41s6,,4/431% s3*v4/3 01) 41s6,,4/31% &*2/3ss &*2/3ss. As s6/$ %$3 SEN8s ?01) H477 B6s% %3s%4,43) 0% %$3
11(1#(12 D4s/4&7410*> H30*41; 01) 0526% +0%%3*s *370%3) %2 %$4s 0&&307 3v31 %$3*341) $27)41; %$3 11(1#(12 41
s6/$ 0 +0%%3* 0s %2 61)67> &*3B63)4/3 2* &*2v4)3 3:/6s0573 13;73/% 2* ;22) /06s3 50s4s ,2* 01> ,0476*3 21
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C26;$7418s B6s% 70s% =33. %$0% s&2.3 %2 %$3 0&&307 521) ?41 s$2*%, R4/$0*) H477, EsA. $0s 4%, 5> =0> 2, $4s
,04741; %2 /2+&7> =4%$ N3v0)0 70= *3s&3/%4;1 %3101%8s )3&2s4%s.
S2 J6);3 L41)0 G0*)13*8s A&*47 200< O*)3* s01/%42141; 0%%2*13> C26;$741 &3*s21077>, 61)3* NRS
9.0JC ?)3s&4%3 %$3*3 5341; 12 s3*v4/3 5> D/G32*;3 SOL C70ss 2, 1<JC 2&&2s41; /261s37 J2$1 S&*41;;0%3,
EsA. 2, 0 ,4741; *30)> 21 )0> s0,3 $0*52* NRCP 11 D2%421 ,2* S01/%421s....56% *0%$3* 01 4+&*2+&%6 D2%421
5> S&*41;;0%3 )6*41; /72s41; 0*;6+31% 0526% ,0/%s 12% 41 3v4)31/3 41 s6&&2*% 2, $4s D2%421 ,2* S01/%421s....
?01) %$3 O*)3* ,2* s01/%421s 5> J6);3 L41)0 G0*)13* %22. %$3 54;;3s% 4ss63 =4%$ C26;$7418s s0>41;, 6&21
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s26;$% %2 41%*2)6/3 0% %*407. C26;$741 $3*35> 41/2*&*20%3s 5> *3,3*31/3 ?01 14,%> %*4/. E0* C261s37 H41;
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12= 0&&7> %$2s3 %2 H41;8s 576**> 3:$454%s, =$4/$ =3*3 2,%31 &*41%3) 21 52%$ s4)3s 2, %$3 &0;3 01) /21%0413)
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01) +31%07 313*;> 722.41; 0*261) ,2* D*. S&*41;;0%3 8s )2/6+31% 74.3 I 0+ $4s 0ss4s%01%, 2* =3 /267) 0s.
D*. S&*41;;0%3 %2 &*2v4)3 0 /2&> 0% %$3 %4+3 $3 4s s33.41; 0)+4ss421 74.3 I 53743v3 %$3 *673 s%0%3s .@ A;041 4%
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A12%$3* 50s4s ,2* 0 +4s%*407 $3*3 4s 077 %$3 743s 01) 121s31s3 ,*2+ %$3 SEN 01) v0*426s 72/07
;2v3*1+31%07 2,,4/3s 0526% %$3 S65&2310s C26;$741 4ss63) 01) $0) s3*v3) 41 %$3 +0113* $3 =0s &*2v4)3)
06%$2*4%> %2 )2 s2 5> %$3 SEN 01) P0137. A7s2, R312 C4%> A%%2*13> C*34; S.06 ,*06)6731%7> s3/6*3)
C26;$7418s 0%%31)10% 0% 41 4+&*2&3*7> 12%4/3 3: &0*%3 $30*41; %$3 )0> 53,2*3 %$3 11(1#(12 D4s/4&7410*>
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H30*41; 41 %$3 4&$213 /0s3 s3% ,2* 11(1<(12 T*407 ?$2= /21v31431%7> %3**457> &*3B6)4/407 %2 )31> C26;$741 0
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WCSO D3&6%> P3%3* E0s%+01, 0s4)3 ,*2+ 5*30.41; 01 31%3*41; 41%2 C26;$7418s *31%07 ,*2+ J3,, N4/$27s 2,
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12% 53 $30*41; /0s3s =4%$ C26;$741 0s 0 /*4+4107 )3,31)01%...56% P3%3* E0s%+01 /704+s %2 $0v3 ,2*+3*7> 5331
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$3 01) $4s =4,3 *3/34v3) /2++614/0%42s1 ,*2+ SEN E0* C261s37 P0%*4/. H41;, EsA. %$0% v4270%3) SCR 121
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%$0% NVE J6);3 E33s73> $0) 31%3*3) 01 O*)3*, 0s 2, D0> 9%$, 2012, 50**41; C26;$741 ,*2+ &*0/%4/41; 41 %$3
NVE ?=$4/$ 4s &0%31%7> 61%*63...01) ,6*%$3* 3v4)31/3 2, %$3 731;%$s %2 =$4/$ P0% H41; =477 ;2 %2 s$2= $4s
+0s%3*s $3 4s 0 ;22) 74%%73 0%%0/. )2; ,2* %$3 *4/$ 01) &2=3*,67 41 N2*%$3*1 N3v0)0, D/G32*;3 D0,40
41/76)3), R4/$0*) G. H477, EsA. 41/76)3), 3%/., 3%/.). E6%, 50/. %2 S.068s +4s/21)6/%' F*2+' @C*34;$%21 C.
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0)v4s3) %$0% J6);3 S,3*0I0 06%$2*4I3) s3*v4/3 6&21 >26 5> 3+047 41 01 O*)3*. A//2*)41;7>, 06%$2*4I3)
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2//6**3) 53%=331 C26;$741 01) SEN8s L06*0 P3%3*s 21 S3&%3+53* 11%$, 2012 0% #'C1 &+ =$3*341 SEN8s
L06*0 P3%3*s, =$2+ $0s 01) $0s 5331 5> H41; 01) C70*. *3&30%3)7> $37) 26% 0s %$3 @C73*. 2, C26*% ,2* %$3
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&6%%41; C$04* E/$3v3**40 =$3*3 $3 133)s $4+ ?%$3> ;2% 0 *307 *26%413 ;2418) %2 )4*3/%41; C73*. 2, C26*% P3%3*s
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%2 3,,3/% &3*s2107 s3*v4/3 2, %$3 C2+&0741% 21 C26;$741 21 <(2C(12 =$31 C26;$741 s$2=3) 6& ,2* %$3
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SCR 111?2) 41 s37, *3&2*%41; %$3 /21v4/%421 *3s67%41; 41 $4s s6&s31s421 41 !0J"J. A1>=0>s, $3*3 4s =$0% =0s
/2++614/0%3) 53%=331 C26;$741 01) P3%3*s 21 <(11(12, /21%*0*> %2 %$3 ,473 s%0+&3) A,,4)0v4% 2, P3%3*s 41
%$3 SEN8s ,473) %$0% =0s 12% s3*v3) 6&21 C26;$741....C26;$741 s=30*s 61)3* &3107%> 2, &3*B6*> %$0% %$3
,2772=41; /2++61/40%421s =3*3 +0)3 53%=331 $3 01) P3%3*s ?)213 41 0 *6s$ )63 %2 E0* C261s37 01) P0137
C$04* /23*/421 01) ,706%41; 2, SCR 10C?2)?/)'
@C26;$741' N2= 4, I )4) ;3% 0 C2+&7041% 01) I 133) %2 s3*v3 01 A1s=3*, /01 I
s3*v3 4% B6s% 5> ,0:41; 4% %2 >26L
C73*. P3%3*s' U+...>30$ >26 /01.
C26;$741' I $0v3 *30) %$3 *673s, %$3> s33+ %2 s0> >26 ;2 5> NRCP 3:/3&% ,2*
? S33 SCR 10C?#))
P3%3*s' ...>26 /01... 56% 4% $0s ;2% %2 53 s%0+&3).
C26;$741' E> =$2L T$3 ,4741; 2,,4/3L T$3 S%0%3 E0*L
P3%3*s' E> +3, I 0+ 0 C26*% C73*.
C26;$741' W477 >26 s%0+& 0 ,0:3) )2/6+31% 4, I ,0: 4% 41L
P3%3*s' I /01, 56% I 133) %2 .12= $2= I /01 ;3% 4% 50/. %2 >26.
C26;$741' I $0v3 0 ,0:, 4%s %$3 213 74s%3) 21 %$3 E0*8s =35s4%3 <#< !!9 9#02@
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C26;$741' ...=$0% )0> 4s 4% +30s6*3) ,*2+ 4, >26 ;6>s ,473) 0 C2+&7041%L
P3%3*s ?213 %$3 3,,3/% 2, /3*%4,43) +04741;s 2, %$3 C2+&7041%s 61)3* SCR 10<)
O.0> 4 ;2 20 )0>s ,*2+ =$31 I ;3% %$0% ;*331 /0*) 50/., I ;2 20 )0>s ,*2+ 0,%3*
=$31 I ;3% %$0% 74%%73 ;*331 /0*), s2 4, >26 &4/.3) 4% 6&, s0> 70s% T$6*s)0>, %$31 I
;2 20 )0>s ,*2+ 70s% F*4)0>...
C26;$741' I%s 12% 20 )0>s ,*2+ %$3 ,473 s%0+&3) )0%3 21 %$3 C2+&7041% 2*
s2+3%$41;L
P3%3*s' N2, I ;2 20 )0>s ,*2+ %$0% /3*%4,43) *3/34&%, I =01% >26 %2 *3/34v3 %$3
C2+&7041% 53,2*3 %$3 %4+3 s%0*%s %4/.41;. T$0%8s %$3 =0> I )2 4%L
C26;$741' 01) 4, s2+352)> )23s18% &4/. 6& %$0% 73%%3*, %$26;$, %$3>877 =477 s31) 4%
50/. 74.3 0,%3* 1C )0>s, 01) %$31 =$0%, >26 ;6>s =477 ;2 20 )0>s ,*2+ %$31L O*
I 4+0;413 >26 ;6>s +4;$% 3v31 &6s$ 4% 0 74%%73 +2*3 01) s0> @12, 4%s 20 )0>s
,*2+ =$31 =3 +0473) 4%@
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P3%3*s' I )2 4% ,*2+ %$3 *3/34&% 2, %$3 /3*%4,43) /2&>, s2 4, >26 *3/34v3) 4%
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P3%3*s' T2+ S6s4/$8s 217> 41v27v3+31% 4s s3%%41; %$3 &0137 *3077>....21/3 0
C2+&7041% $0s 5331 ,473) =3 $0v3 20 )0>s 2* =$313v3* 61%47 =3 *3/34v3 %$3
A1s=3* 01) %$31 21/3 =3 *3/34v3 %$3 A1s=3* %$31 =3 s3% 0 P0137...I $0v3 %$3
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+047 v3*s421 =3 s31%...
C26;$741' 0*3 >26 s6*3 %$0% 0% s2+3 &241% s2+352)> =4%$ %$3 SEN 4s18% ;241; %2
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0% %$3 N2%4/3 2, H30*41; 01) D3s4;10%421 2, W4%13ss3s 01) S6++0*> 2,
Ev4)13/3 21 10(12(12 ?SCR 10C?2)?/) *3A64*3s %$3 P0137 s31) %$2s3 3ss31%407
,4741;s, >3% H41; 01) P3%3*s )4) 41 %$4s +0%%3* 0 ,67 1J )0>s 53,2*3 S6s4/$8s 2*)3*
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/2+&7> =4%$ *3/2*)s *3A63s%s 01) 2* s65&2310s, 0s =377 0s %$3 RJC., =$4/$ $0) B0++3) /26;$741 41%2 %$3
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F6*%$3*, 41 74;$% 2, %$3 )3/70*0%421 +0)3 5> %$3 SEN 01) P3%3*s 6&21, 6&21 =$4/$ C26;$741
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&6*s601% %2 %$3 s3*v4/3 2, 4%3+s 61)3* SCR 10< 61%47 %$3 SEN ;3%s 50/. %$3 s4;13) ;*331 /3*%4,43) +047 s74&
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s$267) 41 12 =0> 53 54773) ,2* ;4v31 %$3 )3&*4v0%421 2, $4s SCR 10C?2)?/) *4;$%s $3*341, 12* s$267) C26;741
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%$3*3,2*3 25%041 0 *3s67% H41; 01) %$3 SEN )2 12% )3s3*v3.
S2, 4%s *3077> /6%3 $2= 41 %$3 D4s/4&7410*> F473 0% 02<C# %$3*3 4s %$3 A,,4)0v4% 2, D04741; ,*2+ %$3
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%$3 C2+&7041% 01) F4*s% D3s4;10%421 2, H30*41; P0137 D3+53*s ?=267) $0v3 5331 14/3 %2 $0v3 0/%6077> 5331
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%$0%8s +4s/21)6/%. S2 H41; 01) P3%3*s 01) %$3 SEN $0v3 ;2%%31 077 /6%3 =4%$ %$4s $3*3 50%3 s%0+&3 @/2&> 2,
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s=30* %$0% %$3 @C2+&7041% 01) F4*s% D3s4;10%421 2, H30*41 P0137 D3+53*s =3*3 s3*v3) 21 %$3 ,2772=41; 5>
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?=377, %$3*3 4s 0 )4s%41/%421 53%=331 %$3 *3%6*1 *3/34&% *3A63s%3)@ /0*) s%2/. /0*) 01) %$3 +2*3 sA60*4s$,
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%0.3 &70/3 21 S3&%3+53* 2C, 2012. A,,401% 3:&70413) %$0% %$3 $30*41; =267) 12% %0.3 &70/3 21 S3&%3+53*
2C%$ 01) %$0% )0%3 $0) 5331 s/$3)673) &*42* %2 %$3 ,4741; 2, 0 ,2*+07 C2+&7041%. D*. C26;$741 *30/%3) 0s 4, $3
$0) 12 .12=73);3 2, 0 C2+&7041%. A,,401% %$31 3:&70413) %$0%, 41 ,0/%, 0 /2&> 2, %$3 C2+&7041%, s31% v40
/3*%4,43) +047 21 A6;6s% 2", 2012, ,*2+ %$3 R312 2,,4/3 2, %$3 S%0%3 E0*, $0) 5331 *3%6*13) 01) +0*.3)
@61/704+3)@. A,,401% ,6*%$3* 3:&70413) %$0% s41/3 s3*v4/3 $0) 12% 5331 0,,3/%3), 0 13= /3*%4,43) /2&> =267)
;2 26% %$3 13:% )0>. A,,401% *3A63s%3) %$0% =$31 D*. C26;$741 *3/34v3) s04) /2&>, $3 s$267) *3%6*1 %$3
&2s%/0*) 0%%0/$3) %2 %$3 +04741; 01) $4s %=31%> ?20) )0> &3*42) 41 =$4/$ %2 01s=3* %$3 C2+&7041% =267)
s%0*% *61141; 0% %$0% &241%. H2=3v3*, 41 s&30.41; %2 Ass4s%01% E0* C261s37 P0%*4/. H41;, 4% =0s )3%3*+413)
%$0% &3*s2107 s3*v4/3 s$267) 53 0,,3/%3) 6&21 D*. C26;$741. R312 C0*s21 +3ss31;3* s3*v4/3 =0s 31;0;3) %2
0%%3+&% &3*s2107 s3*v4/3 )3s&4%3 D*. C26;$741 12% &*2v4)41; %$3 S%0%3 E0* =4%$ 0 &$>s4/07 0))*3ss. O1
S3&%3+53* 2C, 2012, D*. C26;$741 0**4v3) 0% %$3 R312 2,,4/3 2, %$3 S%0%3 E0* 0773;3)7> 3:&3/%41; 0 $30*41;
%2 %0.3 &70/3. A% %$0% %4+3, D*. C26;$741 =0s 0;041 %27), 52%$ 5> A,,401% 01) Ass4s%01% E0* C261s37 P0%*4/.
H41;, %$0% 12 $30*41; =267) 53 %0.41; &70/3 %$0% )0> 01) %$0% 01 01s=3* %2 %$3 S%0%3 E0*8s C2+&7041% $0) 12%
5331 *3/34v3). A,,401% &3*s21077> s3*v3) D*. C26;$741 =4%$ 0 /2&> 2, %$3 C2+&7041% 21 $4s v4s4% %2 %$3 E0*
2,,4/3 21 S3&%3+53* 2C%$ 0s =4%13ss3) 5> P0670 C0+&5377, 01 3+&72>33 2, %$3 S%0%3 E0*. D*. C26;$741
41s4s%3) %$0% %$3 $30*41; =$4/$ $0) 5331 &*3v426s7> s/$3)673) ,2* %$0% )0> s$267) 53 %0.41; &70/3 53/06s3 $3
133)3) %2 53 *3+2v3) ,*2+ %3+&2*0*> s6s&31s421. D*. C26;$741 $0s 07s2 5331 41s%*6/%3) 5> Ass4s%01% E0*
C261s37 P0%*4/. H41; %$0% $3 /0112% ,473 &730)41;s =4%$ %$3 S%0%3 E0* v40 3+047, =$4/$ $3 /21%4163s %2
0%%3+&%. T$3 D2%421 %2 D4s+4ss, =$4/$ D*. C26;$741 12= 41s4s%s s$267) 53 ;*01%3) 0s 4% $0s ;213
612&&2s3) 5> %$3 S%0%3 E0*, =0s 13v3* &*3s31%3) %2 A,,401% ,2* ,4741; 56% =0s *0%$3* 3+0473) &*42* %2
A,,401%8s /21v3*s0%421 =4%$ D*. C26;$741 21 S3&%3+53* 11%$ =$31 D*. C26;$741 61)3* 12 61/3*%041 %3*+s
%27) A,,401% %$0% $3 $0) 12% >3% *3/34v3) %$3 C2+&7041%. FURTHER YOUR AFFIANT SAYETH NOT.
D0%3) %$4s <1$ )0> 2, O/%253*, 2012. @
SCR 10"' 9. H30*41; &0137 +3+53*s s$077 12% &0*%4/4&0%3 41 01> &*2/33)41; 41 =$4/$ 0 B6);3 s4+470*7>
s4%60%3) =267) 53 *3A64*3) %2 05s%041. A1> +3+53* =$2s3 %3*+ 3:&4*3s =$473 %$3 +3+53*8s
&0137 4s /21s4)3*41; 0 /2+&7041% s$077 *3+041 0 +3+53* 61%47 4%s )4s&2s4%421.
J. T$3 /$04*s 2, %$3 $30*41; &0137s 01) s/*33141; &0137s s$077 )374v3* *3&*4+01)s 01) s4;1
077
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10"?!).
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=4%$ R673 10C?1) s$077 53 *3,3**3) %2 %$3 2%$3* )4s/4&7410*> 520*).
S2, %$3 &274/> 011261/3) 5> SEN P3%3*sAs %2 %$0% @*3/34v3) 5>@ s4;10%6*3 21 O/%253* 29%$, 2012
5> @J. J674012@, 61)3* %$3 3s%0574s$3) &274/43s 2, %$3 SEN 0s s3% ,2*%$3 5> %$3 SEN 01) C73*. 2, C26*%
P3%3*s )6*41; %$3 S3&%3+53* 29%$, 2012 /21v3*s0%421 =4%$ C26;$741 =$3*341 P3%3*s 3s%0574s$3) 01)
/21,4*+s %$0% )30)7413s 41/4)31% %2 s3*v4/3 v40 /3*%4,43) +04741; )2 12% 53;41 *61141; 61%47 s$3 2* %$3 SEN
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*3/34v3s 50/. %$3 ;*331 /3*%4,43) +047 *3%6*1 * e"eipt re;ueste! slip that( a! or util t)o attempts at
su"h "erti'ie! mailig ser%i"e ha%e goe u"laime!( )hereupo( a 5oti"e o' /tet to 3a$e 0e'ault
)oul! be set %ia "erti'ie! mail <a! Peters i!i"ate! all su"h "erti'ie! mailigs are set i !upli"ate
%ia 'irst "lass mail as )ell <though( stragel#( the 10/9/12 5oti"e o' /tet to 3a$e 0e'ault&s "erti'i"ate
o' mailig i!i"ates that it )as set %ia ol# oe metho!( "erti'ie! mail <ie( ot also b# 'irst "lass
mail= a!( "uriosl#( !espite e%er# other S>5 'ilig i the bate stampe! 0is"ipiar# .ile i S>5 %*
Coughli ha%ig the "erti'ie! mail slip i"lu!e! therei( the 51/30 'ails to <a! this is li$el# !ue to
Pat ?ig reali@ig <a! SC2 109 re;uires that the 5oti"e o' 4earig a! 0oASo+ o'
e%i!e"e*Coughli "oul! probabl# pull a Pat ?ig a! re'use to a"$o)e!ge that the "!&s Pat ?ig
he a! the S>5 ha! a problem i that upo !oig a 9SPS 3ra"$ a! Co'irm7, *3/34v3) ,*2+ %$3
RDC =3*3 @/3*%4,43)@ 2* 2%$3*=4s3 0&&*2&*40%3 ,2* 0)+4%%41; 41%2 3v4)31/3 ?0s %2 =$3%$3* %$3> 0*3 /3*%4,43),
%$0% )3&31)s =$2 4s )241; %2 @)3,4141;@ 2, =$0% 4s /3*%4,43)...56% 4% 07s2 53;s %$3 A63s%421, =$> =267) %$3
SEN 53 &6%%41; %2 0 S/*33141; P0137 06)42 %*01s/*4&%s %$0% 0*3 12% /3*%4,43)L A7s2, %$3 54% ,*2+ %$3 2(29(12
%*407 41 11 TR 2!J00 0526% =$3*3 C26;$741 %377s J6);3 N0s$ H27+3s @%$0%8s A64%3 0 s261) 5>%3, Y26*
H212*@ 41 *3s&21s3 %2 $3* s%0%41; @I )218% /0*3 0526% 5*453*>, I )218% /0*3 0526% /2**6&%421, I )218% /0*3
0526% *3%0740%421...077 I /0*3 0526% 4s %$3 E2673v0*) S%2&@ ?133) %2 74s%31 *3077> /72s41; %2 %$0% T*407, 2*
s2+3$2= ;3% %$3 RDC 01) L21;214 ?=$2s3 S61s$431 R3&2*%s s$267) $0v3 13v3* 5331 0772=3) %2 )2 %$4s
H30*41;, 12 )4s*3s&3/% %2 Ds. H6++37, %$26;$, 56% 0 /21,74/% /730*7> 3:4s%s, &0*%4/670*> =$3*3 C26;$7418s
0&&307 41 %$3 /21v4/%421 *3s67%41; 41 $4s /6**31% s6s&31s421 =0s )3143) )63 %2 %$3 ,0476* 2, L21;214 01) %$3
RDC %2 &*3&0*3 %$3 %*01s/*4&% 3v31 %$26;$ N3v0)0 70= *3A64*3) %$3> )2 s2 6&21 C26;$741 ,474;1 $4s N2%4/3
2, A&&307 41s%01% %2 NRS 1J<.010.0C0... %$0% s%0%6%3 4s 12% 0)v4s2*>...4s 4s %$3 70=, 01) D10 J6);3 E7742%8s
+31%42141; 0 /4v47 s%0%6%38s s%01/3 21 %$3 &*3&0*30%421 2, 0&&307s 01) )2=1 &0>+31%s %$3*3%2 )23s 12%
/$01;3 %$0%. I% 4s ,*06) 5> L21;214 01) %$3 RDC S2, 4, s2+3%$41; 4s +4ss41; ,*2+ %$3 RDC8s O"C 06)42
%*01s/*4&% %$0% C26;$741 =0s 217> 0573 %2 25%041 0,%3* )*0,%41; $4s 2=1 +2%$3*, D0*> E0*.3*, 41%2 %$3
&6*s64% ?%$3 RDC +0)3 6& 3:/6s3 0,%3* 3:/6s3 ,2* *3,6s41; %2 ,477 C26;$7418s 06)42 %*01s/*4&% *3A63s% 01)
3v13 $0) 4%s D0*$07s s%0*% +016,0/%6*41; ;*43v01/3s 0;041s% C26;741 =4%$ %$3 RDC ?s33 %$34* *4)4/6726s
@;*34v01/3@ 2* 73%%3*s %2 %$3 RDC 01) %$34* 3v31 +2*3 *4)4/6726s @I1/4)31% R3&2*%s@. ?3v31 ,2* %$3 74+4%3)
&6*&2s3) 2, )3+21s%*0%41; =$0% H41; 01) P3%3*s ;0v3 %2 C26;$741 &6*&2*%41; %$3+ %2 53 @73,%2v3*s@ ,*2+
%$3 S/*33141; P0137 21 O/%253* 10%$, 2012 %$0% RDC J6);3 W47740+ G0*)13* 2512:426s7> /704+3) %2 .12=
s2 +6/$ 0526% %2 C26;$741 41 /26*% 21 #(10(12, s$2*%7> 0,%3* J6);3 G0*)13* 011261/3) %$0% $3 01)
D/G32*;3 D0,40, /70ss 2, 200! +3+53* R312 C4%> A%%2*13> H0I73%%S%3v318s 01) C26;$7418s D/G32*;3
D0,40 SOL /26*% 0&&241%3) /261s37 H34%$ L22+4s, EsA. $0) 0 s3/*3% +33%41; %$0% +2*141; &*42* %2 %*407 41
s2+3 50/.*22+ 2, %$3 RDC =$3*3 %$3> 077 $0) 0 ;*30% %4+3, 6$, &*0/%4/41; %$34* 7413s. A1) =$0% 0 ,2*/3)
74,373ss &3*,2*+01/3 4% 67%4+0%37> =0s =$31 %$0% %*26&3 &*3s31%3) %2 41)4;31% /*4+4107 )3,31)01% C26;$741
01) 0%%3+&%3) %2 10v4;0%3 %$34* =0> %$*26;$ %$3 +6*.> =0%3*s 2, v4270%41; NRS 19J.#0C ?41 74;$% 2, %$3
2(29(12 O*)3* ,2* C2+&3%31/> Ev0760%421 41 RCR20120!C!"0 %$0% %$3 RDC J6);3s =3*3 =377 0=0*3 2,,
41/4)31% %2 %$34* @0% 730s% 213 +33%41;@ =$31 %$3> 5*041s%2*+3) $2= %2 ;3% C26;$741 01) %$3
/2++614/0%421s 53%=331 J6);3 N0s$ H27+3s 01) %$3 W0s$23 C261%> P6574/ D3,31)3* 01) 2* E4*0>
D2;01, EsA., /261s37 2, *3/2*) ,2* C26;$741 41 %$0% */*20120!C!"0, =$2+ /01 %377 >26 077 0526% $2=
DDA Y261; v4270%3) NRS 19J.#0C 41 ,4741; 0% 2'CC&+ 0 ,6;4%4v3 )2/6+31% 41 s33.41; %2 2&&2s3
C26;$7418s D2%421 %2 A&&30* 0s C2C261s37, )3s&4%3 %$3 OR
F4*s%, )3s&4%3 P3%3*s A,,4)0v4% 2, O/%253* <%$, 2011 ?$3*3 4s 12 &*22, 2, s3*v4/3 2, %$0% P3%3*s A,,4)0v4% 21
C26;$741, 01) 4% 4% =0s s3*v3) 21 %$3 P0137 2* C$04*, 6153.12=1s% %2 C26;7$41, %$0% 4s 01 4+&3*+4ss4573 3:
&0*%3 /2++614/0%421) 5341; ,473s%0+&3) 01 41/76)3) 41 %$3 +0%3*407s %$0% =3*3 217> finally &*2v4)3 %2
C26;$741 21 N2v3+53* J%$, 2011'0J'CC'C#
,6*%$3*, C26;$741 213 $61)*3) &3*/31% /0%3;2*4/077> )3143s P0% H41;8s 61s6&&2*%3) 0773;0%421 2, C26;$741
0%%3+&%41; %2 )2);3 s3*v4/3. O13, %$3 $30*s0> 2, J2$$12 L0I3%4/$ 4s 41 %$3 ,2*+ 2, 0 5477, 12% 0 s=2*1
0,,4)0v4%, 01) ,6*%$3*, 4% /730*7> /21%041s +3*3 /21B3/%6*3 21 L0I3%4/$8s &0*%. F6*%$3*, C26;$741 s3%1
L0I3%4/$ 01) $4s ,0%$3*8s /2+&01> R312 C0*s21 D3ss31;3* S3*v4/3 01 3+047 01) 0 v24/3 +047 0s.41; =$0%
$3 /267) )2 ,2* %$3+, 0721; =4%$ 3+047s 01) 0 ,0: %2 %$3 SEN 2,,3*41; %2 +33% 0 &*2/3ss s3*v3* s2+3=$3*3
2* 2%$3*=4s3 0ss4s% 41 $0v41; %$3 C2+&7041% 0&&*2&*40%37> s3*v3), $2=3v3*, H41; 01) %$3 SEN /$2s3 %2 743)
%2 C26;$741 41s%30), 01) ;2 50/. 21 =$0% P3%3*s )3,414%4v37> )3/70*3) )6*41; %$3 S3&%3+53* 11, 2012
- 21(9C -
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/21v3*s0%421 21 %$3 %37&$213 =4%$ C26;$741 %$0% $3* 61s3*v3), >3% ,473 s%0+&3), O/%253* <%$, 2012
A,,4)0v4% 0ss3*%s. I% 4s 41%3*3s%41; %$0% H41; 01) P3%3*s s0> 12%$41; 0526% ,0:41; +2%421s.../21s)43*41; %$0%
P3%3*s /730*7> ;0v3 C26;$741 &3*+4ss421 %2 ,0: ,473 +2%421s ?01) 41 0//2*) =4%$ 2%$3* s6/$ ,2*+s 2,
373/%*214/ ,4741;, C26;$7418s ,0: ,473) +2%421s, 01) 0*;6057> 3+047 ,473) D2%421s ?41/76)41; %$3 s.>)*4v3
741. ,473s 0%0/$3) %$3*3%2 s$267) 53 +0)3 0 &0*% 2, %$3 *3/2*) 01) %$3 ,473 01) %$3 P0137 s$267) 53 &*2v4)3)
=4%$ %$3+ 01) *3+41)3) %$0% %$3> $0v3 0 )6%> %2 *3v43= %$3+. T$4s 4s %*63, 3s&3/4077> ,2* 01>%$41; &*42* %2
%$3 S3&%3+53* 2C%$, 2012 3+047 5> H41; &6*&2*%41; %2 *3,6s3 3+047 ,4741; ?01) 0*;6057>, 0% %$0% &241%, 4%
=0s %22 70%3 ,2* H41; %2 /$01;3 %$3 *673s 2, &*2/3)6*3 s3% ,2*%$ 5> L06*0 P3%3*s 01) 2* S6s4/$8s 2* %$3
P01378s ,0476*3 %2 2&&2s3 s6/$ ,4741;s 5> C26;$741. RE;0*)73ss, %$3 ,473 0s H41; $0) 4% 50%3 s%0+&3) 01)
&*2v4)3) %2 C26;$741 0% s6/$ 0 v3*> 70%3 s%0;3 ?N2v3+53* J%$, 2012 6&21 %$3 ,4*s% 0%%3+&% %2 )374v3* 4% ,*2+
S43**0 D2/6+31% P*2/3ss41; C26;$741 *3/34v3) 4% 01 s4;13) ,2* 4%, 01) %$3*35> $4s SCR 10C?2)?/) *4;$% %2
41s&30/% @6& %2 " )0>s &*42* %2 %$3 $30*41;@ =0s v4270%3), 3s&3/4077> /21s4)3*41; C26;$741 =0s /21%416077>
*3,6s3) %$3 2&&2*%614%> %2 41s&3/% s6/$ *3/2*)s 0s %$3 SEN 0% 3v3*> s%0;3 s41/3 P0% H41;8s &$21> 2,,3*s %2
0772= s6/$ 41 D0*/$ 2012...F6*%$3*, %$3 50%3 s%0+&3) F2*+07 H30*41; F473 SEN v. Z0/$0*> E. C26;$741 4s
+4ss41; 0 16+53* 2, /)()v) 3:$454%s %$0% C26;$741 s65+4%%3) ,2* ,4741;. P0% H41; 0)+4%s %2 B6s% /$22s41; %2
*3+2v3 %$3+ ,*2+ %$3 ,473 01) 2* ,047 %2 /2&> %$3 /2++4%%33 21 %$3+, =$473 0% %$3 s0+3 %4+3 +041%04141;
$3 01) %$3 SEN 01) P3%3*s $0v3 )3+21s%*0%3) F4)374%> 41 %$34* s%0%3) &*0/%4/3 2, &*2v4)41; 3v3*>%$41;
C26;$741 ,473s %2 %$3 P0137. A))4%42107>, P3%3*s A,,4)0v4% 4s A64%3 ,*06)6731%. O13. /730*7> 0 D2%421 %2
D4s+4ss )0%3) S3&%3+53* 19%$, 2012 %$0% C26;$741 $0s 0 ,0: /21,4*+0%421 2, 01) 07s2 3+047 %2 E0* C261s37
01) S6s4/$ =0s 12% @/*30%3) &*42*
T$3 D2%421 %2 D4s+4ss ,0: ,473) 21 S3&%3+53* 19%$, 2011 s$267) 53 ,473 s%0+&3) 01 41/76)3) 41 %$3
,473. W$> 37s3 =267) L06*0 P3%3*s A,,4)0v4% 12% 41)4/0%3 s2+3%41; /21%*0*> %2 C26;$7418s s=2*1 0ss3*%421
%$0% $3 =0s ;4v31 &3*+4ss421 %2 ,0: ,473 5> %$3 SENL R3;0*)73ss, C26;$7418s $0)1 )374v3*3) D2%421 %2
D4s+4ss 2, C/%253* 1C%$, 2012 ?2* 4% +0> $0v3 5331 O/%253* 1!%$, 2012, ;4v31 C26;$741 +4ss3) $4s s37,
4+&2s3) )30)7413 2, )374v3*41; %2 %$3 SEN 0 D2%421 %2 D4s+4ss 5> +4)14;$% 2, s2+3 14;$%, 01) s31% C73*.
PE%3*s 01) 3+047 %$3 13:% )0> 41)4/0%41; %$3 &*22, 2, s3*v4/3 s$267) 53 0)B6s%3) 41 %$0% *3;0*). F6*%$3* %$3
C$04*s 0ss3ss+31% %$0% C26;$74 1,0473) %2 ,473 0 @v3*4,43) *3s&21s3 2* 01s=3*@ 2* %$0% s6/$ @+0> 12% /21%041
01>%$41; s%0%3) 6&21 41,*2+0%421 01) 53743,@ 4s /21%3s%3) 01) B6s% ,70% 26% =*21;. C26;$7418s s4;10%6*3 21
&0;3 !1(!2 21 %$3 D2%421 ,2* OR)3* %2 S$2= C06s3 +0> 53 0 54% $4;$ 052v3 %$3 s4;10%6*3 7413 ?%$26;$
%$3 (s( 4s 2&3*0%4v3 41 373/%*214/ ,4741;, =$4/$ %$3 SEN ;0v3 C26;$741 &3*+4ss421 %2 )2.
J6);3 L41)0 G0*)13* 4s 0 74,3721; &*2s3/6%2* %6*13) J6);3, 74.3 $3* 5*2%$3* RDC J6);3 W47740+
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LIERARY REFERENCES
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J6);3 H2=0*) $0v41; ,0473) %2 ;*01% C26;$7418s +2%421 ,2* /261s37, 3v31 %$26;$ %$3 N3v0)0 C26*%s 2,
L4+4%3) J6*4s)4/%421 E31/$ E22. &241%s 26% %$0% A4;3*s41;3* 4s +01)0%2*> 06%$2*4%>, 01) %$3*3,2*3,
0&&241%3) /261s37 4s *3A64*3) =$3*3 3v31 %$3 &2ss45474%> 2, B047 %4+3 3:4%s. I1 $4s &*3%*407 O*)3* )31>41;
C26;$7418s S4:%$ A+31)+31% R4;$%, H2=0*) *673) %$0% C26;$741 =0s 12% 31%4%73) %2 /261s37, 3v31 =$3*3 $3
$0) 3s%0574s$3) $3 =0s 41)4;31% ?01) 3v4/%3) B6s% )0>s &*42* %$3*3%2) 53/06s3 @B047 %4+3 4s 12% %$3 %>&4/07
s31%31/3@ ,2* ,4*s% 2,,31s3 s$2&74,%41; 2, 0 )3 +414+4s 0+261% 2, food. H2=3v3*, 4% 4s 4+&2*%01% %2 12%3 %$0%
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H2=0*), =$2 $0) 5331 2//6&>41; %$3 RDC E31/$ ,2* 1# >30*s 0% %$0% &241%, 011261/3) )6*41; %$3 *31)4%421
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12 s%0> =267) 53 0v0470753...%$3 RDC $0v41; 0 &3*2;0%4v3 %2 3:&3)4%3 +0%%3*s 53,2*3 4% 01 077 ?s2 +6/$ s2
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%$0% J6);3 H2=0*) .3&% 0 s6&&2s3)7> ,4101/4077> s%*0&&3) C4%> 2, R312 S%0,, 2, RDC D0*s$07s 01) RDC
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SCR 111?!) @s3*426s 2,,31s3@ /21v4/%421 ?s%30741; 0 ;*0&3 =267) 41v2.3) %$0% *673 0//2*)41; %2 P0%
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J67> 9%$, 2011, W3s% 9%$ S% W07D0*% Ass4s%01% S%2*3 D010;3* J2$1 E774s 01) 01 0s >3% %2 53 41)31%4,43) AP
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W4%13ss3s # )0>s 53,2*3 %$3 H30*41; 2, 11(1#(12, 0721; =4%$ J6);3 E33s73>, )3s&4%3 134%$3* $0v41; 01>%$41;
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%$0% %$3 NVE J6);3 E33s73> $0) 31%3*3) 01 O*)3* &*2$454%41; C26;$741 ,*2+ &*0/%4/41; 41 E01.*6&%/>
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01> s6/$ %$41; 53s4)3s ,*2+ $4s ,2*+3* /7431%s ?%$3 E0s%+018s, =$2+ =3*3 3:%*3+37> 70%3 41 +0.41; 0
16+53* 2, &0>+31%s %2 C26;$741 41 3:/$01;3 ,2* $4s $0*) =2*. 01) *3s&*3s31%0%421 2, P3%3*
E0s%+01)...S$2*%7> 0,%3* C26;$741 =0s %27) 2, E0* C261s378s v4270%421 2, SCR 121. I1/4)31% %2 J6);3
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0)v3*s0*> &*2/33)4; 41 NVE ?100C10#) C26;$741 ,473) 0 D2%421 F2* C21%41601/3 =$3*341 $3 0%%0/$3)
+0%3*407s *3v30741; %$0% J6);3 E33s73>8s D/G32*;3 S/$227 2, L0= /70ss+0%3, R312 D614/4&07 C26*% J6);3
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NRS 22.010 =0s @%$3 +4s)3+3012* 2, /*4+4107 /21%3+&%@ ?0/%6077>, /*4+4107 /21%3+&% 41 N3v0)0 4s ,261) 0%
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NRS 1<<."#0...56% %$0% s%0%6%3 )23s1s8% s&3/4,4/077> 0772= ,2* 0 @s6++0*>@ ,41)41; 2, ;647%, s2, 41s%30), J6);3
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NRS 22.010 A/%s 2* 2+4ss421s /21s%4%6%41; /21%3+&%s. T$3 ,2772=41; 0/%s 2* 2+4ss421s s$077 53
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2. A 5*30/$ 2, %$3 &30/3, 524s%3*26s /21)6/% 2* v42731% )4s%6*501/3 41 %$3 &*3s31/3 2, %$3 /26*%, 2*
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NRS 1<<."#0 C*4+4107 /21%3+&%. Ev3*> &3*s21 =$2 s$077 /2++4% 0 /21%3+&% 2, /26*% 2, 01> 213
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C26;$741 $0s ,0:,473) %2 26* /26*% 41 %$4s /0s3. ,u!io re"or!igs o' t)o o' m#
hearigs i this matter are also i"lu!e!* H3 ,0473) %2 0&&30* ,2* %$3 s3/21) 213
%$4s &0s% D21)0>. I $0v3 012%$3* %*0,,4/ /0s3 &31)41; %*407 =4%$ $4+ %$0% =0s *3
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+67%4&73 0))*3ss3s ,2* D*. C26;$741 01) /018% s33+ %2 72/0%3 $4+ 53%=331 /0s3s
v3*> 30s47>. Ae are settig that "ase 'or trial a! attemptig to ser%e him at
the most re"et a!!ress )e ha%e <1422 +* 9th St C2( 2eo 5: 89512=(
although / hear! to!a# he ma# be li%ig i his %ehi"le some)here. W3 )2
$0v3 01 0))*3ss ,2* $4s +2%$3*, $2=3v3*, 0s she re"etl# poste! part o' a 'ie
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+0)3, 01) %$0%, >3s 26C DeE"lusi%eDtras"ritpiist Pam -ogoi is amogst there
emplo#ees a! that <a! this "ombies )ith 8u!ge -i!a 7ar!er&s "urret a! the
!eput# o the ,pril 2009 trial beig the !eput# assige! the the 11/14/12 0is"ipiar#
4earig <)hat !i! / tell #ouF Ca Patt# /"e sta"$s a !e"$ 'or hissel' or )hatF
3omm# Susi"h( too* :ou Bust !o&t mess )ith the 5G 0+32 or 6auree Cole( right
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3omm#F=* See atta"he! materials relate! to the 26C a! -ogois "otiuousl#
%iolatig 5e%a!a la) i 52S 189*010-050 regar!ig the preparatio o' "rimial
i!igets tras"ripts o appeal*
32,5SC2/P3S 15 ,PP+,-/134+2S C,SS,502, 8,C?S15 /terim Court
,!miisu-ator 8&9S38i&i 21P+/H Chie' 6arshal - 0epam"t o' ,lterati%e Sete"
ig /' #ou )ish to or!er a tras"ript o' #our pro"ee!igs i the 2eo 6ui"ipal
Court( #ou ma# !o so b# "ota"tig Pam -ogoi at <775= 530-5251* 3he 'ollo)ig
i'ormatio is pro%i!e! to assist #ou i pla"ig a or!er 'or a tras"ript: /* 1r!ers
)ill re;uire the !ate o' the "ourt appeara"e( t#pe o' pro"ee!ig( <trial( arraigmet(
et"*=( !epartmet umber i )hi"h the pro"ee!ig )as hel!( a! also i"lu!e the
appropriate !eposit as i!i"ate! belo)* Pa#met ma# be ma!e b# "he"$ or moe#
or!er* 5o tras"ript )ill be prepare! util the re;uire! !eposit is re"ei%e!* ---I
7**(eost* ,ppeal traseripts are bille! at J4*10 per page( )hi"h i"lu!es a origial <to
be 'ile! )illi 0istri"t Court=( oe "op# 'or the appeilat( a! oe "op# 'or the
opposig "ousel* 3ras"ripts or!ere! 'or purposes other tha appeal( )here ol#
oe "Kop# a! origial tras"ript is re;uire!( are bille! at J3*00 per page* 3* 0eposits*
0eposits re;uire! are as 'ollo)s: J75*00 'or arraigmet/sete"igL a miimum
!eposit o'J200*00 'or a# trial tras"riptL a! a miimum !eposit o'J500*00 'or %er#
legth# trials <those lastig more tha three hours=* 51 32,5SC2/P3 /S
C15S/0+2+0 31 >+ 1../C/,--: 120+2+0( ,50 C166+5C+6+53 1.
32,5SC2/P3/15 A/-- 513 >+7/5( 953/- 2+C+/P3 1. 34+ 2+M9/2+0
0+P1S/3* 4* .ollo)-up o 3ras"ript Preparatio* :ou )ill be oti'ie! )he #our
tras"ript has bee prepare!* /' the a"tual "ost o' the tras"ript is less tha the
amout o' the !eposit pai!( a ie'u! )ill he issue! )ith the tras"ript* ,!( li$e)ise(
a# outsta!ig bala"e !ue a'ter "ompletio o' the tras"ript must be pai! be'ore
the 1rigial is 'ile! )ith 0istri"t Court or a# "opies release!* 0 re'u!s o' !eposits
)ill be gi%e 'or tras"ripts o"e the# ha%e bee prepare! a! o resposibilit# )ill
be ta$e 'or the !ismissal o' a# -appeal b# 0istri"t Court be"ause o 1rigial )as
'ile! !ue to o pa#met o' a outI Na! ig bala"e !ue* 5* Muestios* Pam -ogoi
)ill be happ# to as)er a# ;ustios #ou ma# ha%eD
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2, N3v0)0 v. C70452*13, 1<JJ, 9C! P.2) #!#, 10# N3v. 11C. A%%2*13> A1) C7431% "<
F6*%$3*, SEN E0* C261s37 H41; 743) /21%41626s7> %2 C26;$741, 3v3*> s%3& 0721; %$3 =0>, 41 %$3
)4s/4&7410*> +0%%3*. H41;8s 743s 0*3 %22 16+3*26s %2 ,677> )3%047 $3*3, 56%, 213 =0s =4%$ *3;0*) %2 %$3
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;*43v01/3s 41/76)3 s6&&2*%41; 3v4)31/3 41 %$3 ,2*+ 2,' 06)42 2, >26* /21)6/% 41 /26*% &*2/33)41;s. / 0+
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*3v43= 01) 41s&3/%421 %$3 s6&&2*%41; )2/6+31%s 01) 06)42 *3/2*)41;s.@ H41; 743) ,2* +21%$s 0526% %$4s
&6*&2*%3) 2,,3* %2 @+0.3 0v0470573 ,2* >26* *3v43= 01) 41s&3/%421 %$3 s6&&2*%41; )2/6+31%s 01) 06)42
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&3*v3*%41; 01) )3s/*30%4;1 SCR 10C?2)?/) 0% 3v3*> %6*1, 7>41; /21s%01%7> %2 2&&2s41; /261s37 01)
R3s&21)31%8s ?H41; %27) C26;$741 %$0% D0v4) C70*. $0) ;4v31 C26;$741 &3*+4ss421 %2 4ss63 s65&2310s ,2*
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S65&2310s 50s3) 6&21 %$34* 12% 5341; 4ss63) 5> 0 74/31s3) 0%%2*13>...01) C$04* E/$3v3**40 ;*01%s H41;8s E:
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C730*7>, s%2;43 s+2.418 E2ss H2; E/$3v3**4 $0) ,0473) %2 *3v43= %$3 +67%4%6)3 2, +0%3*407s C26;$741
&*2v4)3) $4+. A1) /730*7> H41; $0) 743) ?01) 41 ,0/%, 21/3 /06;$% )241; s2 0% %$3 $30*41;, =0s *3)6/3) %2
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50/. &3))741; ,6*426s7>) %2 C26;$741 ?0s )4) P3%3*s) =$31 %$3> 0ss3*%3) %$0% 3v3*>%$41; C26;$741 ,473) =4%$
%$3 SEN =0s /2&43) 01) &*2v4)3) %2 077 %$3 P0137 D3+53*s ?=$2s3 0))*3ss3s %$3 SEN *3,6s3) %2 &*2v4)3 %2
C26;$741, 0s )4) %$3 SEN *3,6s3 %2 &*2v4)3 01> s3% 2, *673s 2, &*2/3)6*3 %$0% %$3 P0137 $0) 0)2&%3) 61)3*
SCR 10C. H41; =0s /06;$% 0% %$3 H30*41; 6&21 /*2ss 3:0+410%421 5> C26;$741, $0v41; %2 0)+4% %$0% $3 )4)
12% &*2v4)3 %$3 CD(DVD8s %$0% C26;$741 0%%0/$3) %2 $4s v0*426s ,4741;s. P0137 D3+53* S%3&$31 H31%
*3s&21)3) 5> 011261/41; %$0% $3 )4) 12% /0*3 %$0% H41; 743) 0526% /2&>41; %$3 P0137 +3+53*s 21 %$3
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=267)18% $0v3 *3v43= %$3+ 01>=0s. H2=3v3*, 1<J0 ;*0)60%3 2, D/G32*;3 S/$227 2, L0= S%3&$31 Smile#
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R2=3, EsA ?=$2+ C26;$741 10+3) 41 0 ;*43v01/3 *370%3) %2 %$3 ,*06)6731% /21)6/% 5> %$3 SEN 41/4)31% %2
$4s 0&&74/0%421 ,2* 0)+4ss421) 01) %$3 0/% %$0%, 0 D/G32*;3 SOL 1<J0 ;*0)60%3 =267) 13/3ss0*47> $0v3
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C26;$741 ,473) 0;041s% H41; )4s&2s3) 2, =4%$ ;*30% A64/.13ss 01) s$0772= *0%421073), 0s =377 0s J6);3 N0s$
H27+3s, D/G32*;3 899, J6);3 E33s73>, D/G32*;3 89<, WLS8s P067 E7/012, D/G32*;3 89J, 3%/., 3%/.. H31%,
53s4)3s ;70*41; 0% C26;7$41 %$*26;$26% %$3 D4s/4&7410*> H30*41; 07s2 0%%3+&%3) %2 %0.3 %$3 s&2%74;$% 2,, %$3
743 %$0% C26;$741 $0) B6s% /06;$% E0* C261s37 H41; 01) C73*. P3%3*s 41 =$31 %$3 P0137 +3+53*s 01) H41;
0)+4%%3) %$0% H41; 01) %$3 SEN $0) ,0473) %2 &*2v4)3 /2&43s 2, %$3 3:$454%s C26;$741 0%%0/$3) %2 $4s ,4741;s,
)3s&4%3 %$3 SEN $0v41; 0;*33) %2 )2 s2 01) *3&*3s31%3) %2 C26;$741 %$0% 4% =267). H31% 011261/3),
5*0I317>, %$0% $3 )4)18% /0*3 4, H41; /2&43) $4+ 2* %$3 &0137 21 %$3 0%%0/$+31%s %2 C26;$7418s ,4741;s 2* %$0%
H41; $0s 41)4/0%3) %2 %$3 P0137 %$0% $3 =0s s2 /2&>41; %$3 P0137 21 %$3 31%4*3%> 2, C26;$7418s ,4741;s, >3% )4)
12% &241% 26% %$0% $3 0/%6077, =0s 12%, /$22s41; %2 3:/4s3 %$3 )v)(/) 0%%0/$+31%s %2 %$2s3 ,4741;s ?01) 4% )23s
12% s33+ /730* %$0% H41; 3v31 )4) 41 ,0/% $0v3 %3$ SEN /2&> %$3 P0137 +3+53* 21 077 2, C26;$7418s ,4741;s,
&0*%4/670*> =$3*3 L06*0 P3%3*s $0) &*3v426s7> %27) C26;$741 $3 /267) ,473 5> 3+047 2* ,0:, 01) %$0% %$3 SEN
=267) 13v3* 0%%3+&% %2 0ss3*% %$0% %$3 J(2"(12 /3*%4,43) +04741; =267) 53 &*22, 2, 2* *3%6*1 2, s3*v4/3. O1/3
%$3 SEN +0.3s 0 *3&*3s31%0%421, SCR 10< ;23s 26% %$3 =41)2=, 01) 4% 4s s$0+3,67 %$0% P0% H41; =0s ,677>
0=0*3 2, %$0% *3&*3s31%0%421, 01) /2s4;13) 5> $4s S3&%3+53* 2C%$, 2012 0%%3+&%s %2 ;3% C26;$741 %2 s$2=
6& %$3 %$3 SEN ,2* 0 $30*41; %$0% =0s 12%4/3) 01) /0731)0*3) %2 C26;$741 01) S6s4/$ ,2* <(2C(12...217> ,2*
H41; %2 *3,6s3 %2 $27) %$3 $30*41;, 01) 41s%30) s33. %2 B0+ 0 561/$ 2, 2%$3* +0%%3*s 41%2 0 @/2+52$30*41;@
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41/76)41; &31)41; /*4+4107 /$0*;3s 41 v4270%421 2, D21%34*2. F6*$%3* E6*734;$ =0s v4270%3) 41 3v3* =0> )63
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/6*426s $2= %$3 )4s+4ss07 2, %$4s 0&&307 4s 12% s4;13) 5> 0 J6s%4/3, 01) 2//6*s B6s% 41 %4+3 ,2* %$3
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%$3+ %2 0;*33 %2 s4% ,2* %$3 $30*41; 0% 077 ;4v31 %$3 &3* s3 v4270%421s 2, SCR 10C?2)?/), 01) %$6s, %$3 %2%07 70/.
2, B6*4s)4/%421 %2 $27) s6/$ 0 $30*41;. H3 4s 74%3*077> %$3 /$30&3s%, s730I43s% 0%%2*13> I $0v3 3v3* /2+3 0/*2ss
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31/26*0;3s, 01) 2,%31 ,2*/3s @C73*. 2, C26*%(I1v3s%4;0%2*@ L06*0 P3%3*s %2 743 0s =377, =$4/$ s$3 )23s *30)47>
01) 2,%31 ?%37741; C26;$741 %$0% s$3 $0) %$3 06%$2*4%> %2 01) )4 s2 ;*01% C26;$741 %$3 *4;$% %2 4ss63 01) $0v3
s3*v3) s65&2310s =4%$26% &0>41; =4%13ss ,33s, 01) ,6*%$3*, %$0% R3s&21)31%8s 13v3* &0> =4%13ss ,33s 41 %$3s3
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E/$3v3**40s 6%%3* )4s*3;0*) ,2* %$3 NRCP 01) 077 2, SCR 10C?2)?/), %>&4/077> )213 =$473 E/$3v3**40 /0/.73s
01) s+473s +310/41;7> 0% %$3 R3s&21)31%, &70>s ;*05 0ss =4%$ $4s 52>$22) /$6+ E7/012, 01) s+2.3s 0 54;
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H30*41; %$01 0,,2*)41; C26;741 01 2&&2*%614%> %2, s0>, 0s. J6);3 N0s$ H27+3s A63s%421 0526% $3*
&0*%4/4&0%421 41 %$3 @/701)3s%413 s%0%6s /21,3*31/3@ 21 2(29(12 =$3*341 %$3 O*)3* ,2* C2+&3%31/> Ev0760%421
=0s )4*3/%3) %2 C26;$741 41 */*20120!C!"0 2* %$3 @s%*0%3;> s3ss421s@ 01) @+33%41;s@ %$3 RDC J6);3s 01)
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?=$4/$ =0s s3% ,2* T*407 5> L22+4s 01) %$3 RDC 21 "(J(12 0% 0 %4+3 =$31 52%$ %>$3 RDC, J6);3 W.
G0*1)3*, L22+4s, 01) C4%> A%%2*13> H0I73%%S%3v31s .13= ,677 =377 %$0% %$3*3 =0s %$3 2(29(12 O*)3* ,2*
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01) D2%421 H30*41; 41 11 CR 2!#0C =$31 $3 0773;3) %$0% 1213 2, J6);3 N0s$ H27+3s O*)3*s 2* $3*
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50* /261s378s 2,,4/3. 3he time to respo! ma# be
eEte!e! o"e b# the "hair 'or ot more tha 20 !a#s
'or goo! "ause or upo stipulatio o' the parties* I1 %$3
3v31% %$3 0%%2*13> ,047s %2 &730), %$3 /$0*;3s s$077 53
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?0) Challeges to a! a! ho" appoitmets o' pael
members. T$3 /omplait shall be ser%e! )ith the list o'
members o' the appropriate !is"ipliar# boar!* T$3
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?COUGHLIN HEREEY E-CERCISE HIS RIGHT TO
PEREDPTORILY REDOVE PANEL CHAIR
ECHEVERRIA AND D/G32*;3 SOL C70ss 2, 1<J0
S%3&$31 Smile# H31% ?01) 01>213 =$2 =31% %2 D/G32*;3
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D0%3 ?%$3 RJC, 12%4/3) 41 =*4%41; %$3 &0*%43s 21 %$3 ,0/% %$0%
%$0% =0s 0 @T*407@ )0%3 41 74;$% 2, J6);3 S,3**0II08s *6741; 0%
%$3 10(1"(11 s6++0*> 3v4/%421 &*2/33)41; 50s3) 6&21 0
N2 C06s3 N2%4/3 217> ?43, 121 &0>+31% 2, *31% =0s 12%
&73), +0.41; H477 01) E0.3*8s 6s3 2, %$3 s6++0*> 3v4/%421
&*2/3ss v4270%4v3 2, 13v0)0 70= 0;041s% /2++3*/407 %3101%
C26;$741, &0*%4/670*7> =$3*3 C26;$741 $37) %$3 0))*3ss 26%
%2 %$3 &6574/ 61)3* SCR 9< 0s $4s 70= 2,,4/3, =$3*3 ,4741;s
s6/$ 0s %$3 213 21 J(10(11 5> C26;$741 21 53$07, 2, %$31
/7431% R253*% E377 ?41 %$3 +0%%3* %$0% J6);3 L41)0 G0*)13*
*3/6s3) $3*s37, ,*2+ /4%41; B6)4/407 /01121 2.11?0) ?B6s%
0)+4%%41; 0 ,70% 26% 540s 0;041s% C26;$741) 0s %$3 50s4s ,2*
)241; s2) 41 ,v1102J!# 01) %$3 0ss2/40%3) TPO
)3+21s%*0%3 v40 %$3 121 R4v3* R2/. 0))*3ss 41 %$3 /0&%421
,2* %$31 0%%2*13> C26;$741 %$0% %$3 72/0%421 =0s C26;$7418s
70= 2,,4/3, 01) %$0% C26;$741 =0s 0 /2++3*/407 %310%, =$2
&2ss3ss3) 0 70= 74/31s3 0% %$3 %4+3 01) =$3*3 4% 4s 12% /730*
%$3 @$2+3 2,,4/3@ 3:/3&%421 %2 01> *3A64*3+31% %2 $0v3 0
C4%> 2* ST0%3 56s413ss 74/31s3, &0*%4/670*> =$3*3 C26;$741
=0s +0.41; 73ss %$01 O2J,C00 &3* >30*, 0%%0/$ 41 01> =0>...
C26;$741 25B3/%421s %2 P0137 C$04* E/$3v3**408s
&0*%4/4&0%421 ;2 53>21) %$3 3v4)31% 4+&0*%4074%>
)3+21s%*0%3) 41 077 $4s v0*426s A64/. ,4*3 0&&*2v07s 2,
H41;8s D2%421s ?41/76)41; D2%421s %2 G60s$ S65&2310s
%$0% ,047 %2 *3/21;4I3 %$3 743s H41; 01) %$3 SEN %27)
C26;$741 =4%$ R3s&3/% %2 C$43, E0* C261s37 C70*.s, H41;s
01) C73*. 2, C26*% P3%3*s *3&*3s31%0%421s %2 01)
0;*33+31%s =4%$ C26;741 v4s 0 v4s %$3 0&&74/0%421 01)
41%3*&*30%421 2, SCR 110. @S65&2310 &2=3*, &*2)6/%421 s2
)2/6+31%s, =4%13ss3s, 01) &*3%*407 &*2/33)41;s@...
C$07731;3s %2 01> +3+53* ,2* /06s3 61)3* R673 10"?9)
s$077 53 +0)3 0s s221 0s &2ss4573 0,%3* *3/34v41; 34%$3*
0/%607 2* /21s%*6/%4v3 12%4/3 2, %$3 ;*261)s ,2*
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)4sA6074,4/0%421, 01) s$077 53 +0)3 5> +2%421 %2 %$3 /$04*
41 0//2*)01/3 =4%$ %$3s3 *673s. I1 12 3v31% =477 0 +2%421
s33.41; %$3 )4sA6074,4/0%421 2, 0 +3+53* 53 %4+37> 4, %$3
+3+53* $0s 07*30)> $30*), /21s4)3*3) 2*
*673) 6&21 01> /21%3s%3) +0%%3*, 3:/3&% 0s %2 ;*261)s
50s3) 21 ,*06) 2* 74.3 4773;07 /21)6/% 2, =$4/$ %$3
/$07731;41; &0*%> $0) 12 12%4/3 61%47 0,%3* %$3 /21%3s%3)
+0%%3* =0s /21s4)3*3). A1> /$07731;3 %$0% 4s 12% *04s3) 41 0
%4+37> +0113* s$077 53 )33+3) =04v3).
T$3 /$04* +0> +0.3 0) $2/ 0&&241%+31%s %2 *3&70/3
)3s4;10%3) &0137 +3+53*s 41 %$3 3v31% /$07731;3s 2*
)4sA6074,4/0%421 *3)6/3 %$3 16+53* %2 73ss %$01 %$3 16+53*
*3A64*3) ,2* %$3 $30*41; &0137. ,! ho" appoitees shall be
subBe"t to !is;uali'i"atio u!er 2ule 103<7= a! a#
remaiig peremptor# "halleg3s 613:3*/4s3) 5> 34%$3*
%$3 0%%2*13>?s) 2* 50* /261s37. A $30*41; &0137 0s ,41077>
/21s%4%6%3) s$077 41/76)3 0 12170=>3*.
@?5) Ass4;1+31% ,2* $30*41;; v3163. .ollo)ig ser%i"e o' a
resposi%e plea!ig( or upo 'ailure to plea!( the
matter shall be assige! b# the "hair o' the !is"ipliar#
boar! to a hearig pael****D
3here has ot e%e bee ser%i"e o' the "omplait #etNNNN
Peters 10/9/12 ,''i!a%it a! Coughli&s %arious 'iligs
a! 11/19/12 ,''i!a%it establish that "o"lusi%el#*
?/) Time to "o!u"t hearigL oti"e o' hearigL
!is"o%er# o' e%i!e"e agaist attore#* 3he hearig
pael shall "o!u"t a hearig )ithi 45 !a#s o'
assigmet a! gi%e the attore# at least 30 !a#s&
)ritte oti"e o' its time a! pla"e* 3he oti"e shall be
ser%e! i the same maer as the "omplait( a! shall
i'orm the attore# that he or she is etitle! to be
represete! b# "ousel( to "ross-eEamie )itesses( a!
to preset e%i!e"e* 3he oti"e shall be a""ompaie! b#
a summar# prepare! b# bar "ousel o' the e%i!e"e
agaist the attore#( a! the ames o' the )itesses bar
"ousel ite!s to "all 'or other tha impea"hmet(
together )ith a brie' statemet o' the 'a"ts to )hi"h
ea"h )ill testi'#( all o' )hi"h ma# be ispe"te! up to 3
!a#s prior to the hearig* Aitesses or e%i!e"e( other
tha 'or impea"hmet( )hi"h be"ame $o) to bar
"ousel therea'ter( a! )hi"h bar "ousel ite!s to use
at the hearig( shall be promptl# !is"lose! to the
attore#* .or goo! "ause sho)( the "hair ma# allo)
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a!!itioal time( ot to eE"ee! 90 !a#s( to "o!u"t the
hearig*
?)) G62*6+; %4+3 ,2* )3/4s421 2, &0137; v2%3s *3A64*3) %2
4+&2s3 )4s/4&7413. A1> ,4v3 +3+53*s 2, %$3 &0137 s$077 53 0
A62*6+. 3he hearig pael shall re!er a )ritte
!e"isio )ithi 30 !a#s o' the "o"lusio o' the hearig(
uless post-hearig brie's are re;ueste! b# either bar
"ousel or the attore# a! allo)e! b# the pael or
re;ueste! b# the "hair , 4 1 =$4/$ 3v31% %$3 )3/4s421 s$077
53 *31)3*3) =4%$41 !0 )0>s 2, %$3 /21/76s421 2, %$3
$30*41;. T$3 )3/4s421 s$077 53 s3*v3) &6*s601% %2 R673
10<?1), 0//2+&0143) 5> %$3 &01378s ,41)41;s 01)
*3/2++31)0%421, 077 2, =$4/$ s$077 53 ,473) =4%$ 50*
/261s378s 2,,4/3. A )3/4s421 %2 4+&2s3 2* *3/2++31)
)4s/4&7413 *3A64*3s %$3 /21/6**31/3 2, ,26* +3+53*s 2, %$3
&0137.
COUGHLIN REGUESTS A LEGITIDATE
OPPORTUNITY TO PUT A DORE APPROPRIATE
VERIFIED ANSWER OR RESPONSE ON FILE IN THIS
DATTER...FURTHER, COUGHLIN HEREEY
REGUEST AN OPPORUTNITY TO SUEDIT A POST
HEARING ERIEF...EVEN THOUGH THE HEARING
HE STILL REGUESTS EE STRIHEN OR VIEW DORE
AS A INTRODUCTORY DEETING...AND COUGHLIN
REDIND THE CODDITTEE THAT UPON THE
HEARING DATE OF 11(1#(12 EEING RULE AS VOID
FOR LACH OF DUE PROCESS, NOTICE, SERVICE,
PROCESS, JURISDICTION, ETC...THE PANEL WILL
SOON RUN UP AGAINST THE @WITHIN #C DAYS OF
ASSIGNDENT@ DICTATE
?3) R673s 2, 3v4)31/3; s6&&2*% 2, &01378s )3/4s421. T$3 *673s
0&&74/0573 %2 %$3 0)+4ss421 2, 3v4)31/3 41 %$3 )4s%*4/%
/26*%s 2, N3v0)0 ;2v3*1 0)+4ss421 2, 3v4)31/3 53,2*3 0
$30*41; &0137.
Ev4)31%40*> *6741;s s$077 53 +0)3 5> %$3 /$04* 2, %$3 &0137,
4, 213 $0s 5331 )3s4;10%3), 2* 5> %$3 /$04* 2, %$3
0&&*2&*40%3 )4s/4&7410*> 520*) &*42* %2 s6/$ 0 )3s4;10%421.
3he 'i!igs o' the pael must be supporte! b# "lear
a! "o%i"ig e%i!e"e* ,! u!er SC2 104<3= a!
SC2 103<7= Coughli see$s to ha%e S>5 ?ig remo%e!
or "o'li"te! out o' this "ase 'or all the grei%a"e
!rummig up( 'or his impermissible "ommui"atios
)ith Coughli&s the "liet&s the +astma&s i earl#
ma# 2012( 'or 'ee!ig 8u!ge 5ash 4olmes the Db# "lear
a! "o%i"ig e%i!e"eD sta!ar! iserte! ito her
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3/12/12 1r!er trasmogri'#ig the tra''i"at "ase to a a
summar# !is"ipliar# hearig <a! her testimo# o
11/14/12( #ou "oul! tell( )as alrea!# ati"ipatig the
Beers a! o''erig mea "ulpas i that regar!( or at least
"a%eats to spare***
?,) C26*% *3&2*%3*. A77 ,2*+07 $30*41;s s$077 53 *3&2*%3) 5>
0 /3*%4,43) /26*% *3&2*%3*, =$4/$ /2s% +0> 53 0ss3ss3)
0;041s% %$3 0%%2*13> &6*s601% %2 R673 120. A1> &0*%>
)3s4*41; %2 $0v3 01> 2%$3* )4s/4&7410*> &*2/33)41;s
*3&2*%3) +6s% 0**01;3 41 0)v01/3 ,2* 0 /3*%4,43) /26*%
*3&2*%3* 0% %$3 &0*%>8s 2=1 3:&31s3.
Z0/$ C26;$741, J.D.
P0%31% A;31%, USPTO
1#91 E. <%$ S%.
R312, NV J<C12
T373 01) F0:' <#<!!99#02
Z0/$C26;$741F$2%+047./2+
N2v3+53* 19%$, 2012,
RE' LITIGATION HOLD NOTICE REGARDING EVERY RECORDING,
DOCUDENT, DRAFT OF ANY SORT, OR PIECE OF DATA COLLECTED WITH
RESPECT TO THE ILLEGALLY HELD DISCIPLINARY HEARING OF 11(1#(12 AT
THE STATE EAR OF NEVADA, AT WHICH CAROL HUDDEL WAS THE COURT
REPORTER OF RECORD AND FOR WHICH IT HAS EECODE HNOWN THAT PAT
HING HAS A COPY OF THE RECORD OF THE PROCEEDING ALREADY AND
THEREFORE HAS EEEN GIVEN YET ANOTHER IDPERDISSIELE ADVANTAGE
REGUIRING ANY RECORDINGS, ROUGH DRAFTS, WRITTEN TRANSCRIPTS,
OR AUDIO TRANSCRIPTS EE IDDEDIATELY TURNED OVER TO COUGHLIN
NOTICE OF CONFLICT EETWEEN ZACH COUGHLIN AND SUNSHINE
REPORTING SERVICES GIVEN SUNSHINE8S ADDISSION THAT PAD LONGONI
IS ON ITS STAFF AND DS. LONGONI8S DIRELECTION OF HER DUTIES IN 11 CR
2219!, WHICH RESULTING IN A DISDISSAL OF COUGHLIN8S APPEAL IN CR11
20!# AND THE CURRENT TEDPORARY SUSPENSION OF COUGHLIN8S LICENSE
TO PRACTICE LAW IN !0J"J
J2$1 P3%3* E/$3v3**40, EsA., P0137 C$04*
E/$3v3**40 L0= O,,4/3(E/$3v3**40 G*26&
<#"2 D26573 R E7v).
R312 , NV J<C21
T37' 99C9J!#J00 F0: ' 99C9J!#J0J JEFELORENO./2+
S%0%3 E0* 2, N3v0)0, O,,4/3 2, E0* C26s137
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D0v4) C70*., EsA., C$43, E0* C261s37
L0s V3;0s' !00 E. C$0*73s%21 E7v)
L0s V3;0s, NV J<10# P$213' 902"J22200 F0:' 902"JC2J9J
P0%*4/. O. H41;, Ass4s%01% E0* C261s37
<#C! D26573 R E7v), S64%3 E
R312, NV J<C21 T37' 99C"2<#100 F0:' 99C"2<0C22
D30* C$04* E/$3v3**40, P0137 D3+53*s, 01) SEN O,,4/3 2, E0* C261s37,
P730s3 &*2v4)3 %2 +3 4++3)40%37> 077 +0%3*407s ?41/76)41; %$3 s261) *3/2*)41;) 2,
%$3 11(1#(12 D4s/4&7410*> H30*41; %$0% P0+ L21;214 /2=2*.3* 01) S61s$413 R3&*2%41;
S3*v4/3s 3+&72>33, CCR C0*27 H6++37 =0s %$3 CCR 21 0% %$3 S%0%3 E0* 2, N3v0)0 ,*2+
0&&*2:4+0%37> J'"0 0+ %2 0&&*2:4+0%37> ! &+. As >26 0*3 0=0*3, I $0v3 0 /21,74/% =4%$
P0+ L21;214 %$0% 74.37> =477 31%047 s65s%01%407 74%4;0%421, %2 =$0%3v3* 3:%31% %$3*3 4s 12%
07*30)> 74%4;0%421 21;241;. P730s3 *3v43= %$3 0%%0/$3) +0%3*407s ,2* +2*3 3:&74/0%421 41
%$0% *3;0*). H2=3v3*, =$473 I 0+ 12% &6*&2*%41; %2 ;4v3 >26 73;07 0)v4/3, I 53743v3 4% =0s
=*21; ,2* %$0% ,4*+ %2 =2*. %$3 11(1#(12 D4s/4&7410*> H30*41;. I 0+ =*4%41; %2 *3A63s% %2
53 ;4v31 4++3)40%37>, 01) 05s31% 01> s2*% 2, &0>+31% 2* 0;*33+31% =$0%s23v3*, 077
+0%3*407s *3/2*)41;, %*01s/*453), *3&2*%3), 2* 2%$3*=4s3 /2773/%3) 41 01> =0> 5> S61s$413
R3&2*%41; S3*v4/3s 01) 2* C0*27 H6++37 0% %$0% 11(1#(12 H30*41; 01) 01> 2%$3* +0%3*407s
/2113/%3) %$3*3%2, 41/76)41; /2**3s&21)31/3 2* 0;*33+31%s =4%$ %$3 S%0%3 E0* 2, N3v0)0,
%$3 N2*%$3*1 N3v0)0 D4s/4&7410*> E20*), 01) %$3 P0137 ?41/76)41; P0137 C$0*4 J2$1
E/$3v3**40, EsA. 01) %$3 E/$3v3**40 G*26&) 41 0))4%421 %2 %$3 +0%3*407s P0% H41; $4+s37,
$0s.
DUE TO DR. HING8S AND LAURA PETERS THREATS OF AEUSE OF
PROCESS ?INCLUDING CALLING THE POLICE FOR SPURIOUS REASONS OR
PURSUING A PROTECTION ORDER, I AD HEREEY SERVING THE SEN, HING,
PETERS, AND PANEL CHAIR ECHEVERRIA A STAY AWAY ORDER OF DY
OWN. ANY ENTREATIES ONTO DY PROPERTY, WHICH IS DARHED WITH A
LARGE @NO TRESPASSING@ SIGN, DUST EE APPROVED IN ADVANCE AND
REGUIRE A PHONE CALL PRIOR THERETO AND E-PRESS APPROVALY EY
ZACH COUGHLIN AND ONLY ZACH COUGHLIN. FURTHER, COUGHLIN
HEREREY DEDANDS THAT ALL OF HIS FA- FILINGS EE FILESTADPED AND
THAT A CODPLETE COPY OF THE RECORD AND DISCIPLINARY FILE EE
PROVIDED TO COUGHLIN, INCLUDING HIS OWN FILINGS, AND THAT THE
SEN CODPLY WITH THE STATES RULES AND POLICIES IT ARTICULATED TO
COUGHLIN ON ITS OWN EEHALF AND ON EEHALF OF THE PANEL AND
EOARD AND PANEL CHAIR, EY PROVIDING CODPLETE COPIES OF
EVERYTHING COUGHLIN HAS SUEDITTED ?INCLUDING THE CD(DVDS
ATTACHED AS E-HIEITS) TO ALL PANEL DEDEERS.
I 0+ 41)4;31%, s3v3*7> s2, 01) %$3 S%0%3 E0* 2, N3v0)0 01) C$04* E/$3v3**40, s2+3
+4;$% s0>, 0*3 ,*06)6731%7> 0%%3+&%41; %2 %0.3 0=0> +> F26*%331%$ A+31)+31% &*2&3*%>
*4;$%, +> 70= 74/31s3, /$43,7> %$*26;$ %$34* 16+3*26s v4270%421s 2, SCR 10C?2)?/) 01) 01)
- #2(9C -
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01> 2%$3* )63 &*2/3ss *673s, 70=, 2* /21/3&%s %$3> /01 )3s3/*0%3. T$3*3 s4+&7> =0s 12
/272*0573 50s4s ,2* *6741; %$0% I =0s 12% &3*+4%%3) %2 *3/2*) %$3 &*2/33)41;s...07%$26;$,
134%$3* %$3 DCR 12* NRCP 0&&30* %2 $0v3 01> *673s 34%$3* &*2$454%41; %$3 *3/2*)41; 2,
D4s/4&7410*> P*2/33)41;s ?+0)3 0&&74/0573 v40 SCR 10C?#), 6173ss %$3 P0137 $0s 310/%3)
s2+3 61&6574s$3) *673s %$0% 4% $0s s2 ,0* *3,6s3) %2 ;4v3 +3, 0s 4s %$3 /0s3 =4%$ %$3 SEN.
FURTHER, THE SEN AND NNDE PANEL AND ITS CHAIR, AND HIS LAW
OFFICE AND ECHEVERRIA GROUP ARE HEREEY PLACED ON A LITIGATION
HOLD NOTICE. PAT HING DAHES CUTE JOHES LIHE @WHAT8S A LITIGATION
HOLD NOTICE@...ITS SODETHING THAT WILL SUEJECT YOU TO CONTEDPT,
PAT, NEVERDIND YOUR ILLUSIONS RESPECTING SCR 10! AND YOUR
@UNLIDITED IDDUNITY@...DR. HING, I AD HEREEY ONCE AGAIN PLACING
YOU ON NOTICE THAT LITIGATION IS LIHELY TO ARISE REGUIRING YOU TO
DAINTAIN AND TURN OVER AT SODE POINT THE DANILA ENVELOPE THAT
THE SEN PLACED INSUFFICIENT POSTAGE ON IN DAILING OUT ON 10(<(12
?OR AT LEAST PRINTING THE RED PITNEY EOWES POSTAGE THEREON ON
THAT DATE...AND PLEASE REALIZE, THE SEN DID NOT SEND THAT NOITD
EY FIRST CLASS DAIL IN ADDITION TO A CERTIFIED DAILING...PROEAELY
SODE TACTICAL DECISION EY HING TO GAIN AN ADVANTAGE, CHECH THE
CERTIFICATE OF DAILING...THE LITIGATION HOLD NOTICE E-TENDS TO
ALL CALL RECORDS EETWEEN THE SEN IN ANY WAY WITH CHAIR
ECHEVERRIA OR OTHER DEDEERS OF THE PANEL, INCLUDING ACTIVITIES
INVOLVING LAURA PETERS. CHAIR ECHEVERRIA8S STAFF LEFT COUGHLIN
A PHONE CALL IN RESPONSE TO HIS INGUIRY REGARDING A DUNDANE,
NONSUESTANTIVE DATTER ?DEENA, NOT TERESA, AND YOU WILL WANT
TO REVIEW NRS 1<<."#0?9) REGARDING SODE RECENT DEVELOPDENTS),
AND DEENE CODDUNICATE IN NO UNCERTAIN TERDS THE CHAIR WOULD
NOT SPEAH TO COUGHLIN, EVEN THOUGH HE IS PROCEEDING WITH SELF
REPRESENTATION AND IT IS DORE THAN CODDON FOR RESPONDENT8S
COUNSEL TO REGULARLY CODDUNICATE WITH THE CHAIR. I HAVE READ
ALL THE DECISIONS AND GRAEEED THE RECORDS ON APPEAL. PLEASE
IDDEDIATELY PROVIDE DE A COPY OF ANY PROCEDURAL RULES THE
EOARD HAS ADOPTED INCIDENT TO SCR 10C AND E-PLAING WHY THE
10(<(12 AFFIDAVIT OF LAURA PETERS IS FILE STADPED, YET WAS NEVER
SENT TO COUGHLIN. PLEASE FURTHER E-PLAIN WHY THE @DISCIPLINARY
FILE@ HAS EEEN DOCTORED TO E-CLUDE THE GREEN CERTIFIED DAIL
TAGS FOR THE CODPLAINT ?WHICH USPS TRACH M CONFIRD REVEALS WAS
NEVER SIGNED FOR EY COUGHLIN, AND IN FACT, JUST AS CLERH PETERS
ADDITTED ON SEPTEDEER 11TH, 2012 AT #'CC PD, WAS RETURNED TO SEND
AND SIGNED FOR EY THE SEN ON <(10(11. PLEASE HAVE CLERH PETERS
FILL OUT A NON FRAUDULENT RETURN OF SERVICE OR PROOF OF SERVICE
OF THE CODPLAINT REFLECTING HER DECLARATION OF SEN AND PANEL
RULES AND POLICY TO THE EFFECT THAT THE J(2"(12 CERTIFIED DAILING
WOULD NEVER EE PUT FORTH AS PROOF OF SERVICE OF THE
CODPLAINT....WHICH LEAVES THE SEN AND PANEL TO E-PLAIN WHY HING
UNILATERALLY ALTERED THE DECLARATIONS DADE EY PETERS TO
COUGHLIN RESPECTING THE PROCEDURAL POLICIES AND ADOPTED RULES
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AND PRACTICES OF THE EOARD, SEN, AND PANEL IN THESE DISCIPLINARY
PROCEEDINGS, INCLUDING HER ATTESTATION THAT SHE HAD AUTHORITY
TO REPRESENT TO COUGHLIN THAT NO TIDE DEADLINES WOULD RUN FOR
ANY EVENT WHOSE SERVICE REGUIRED CODPLIANCE WITH SCR 10<
?DEANING ALL DATTERS DENTIONED IN SCR 10C?2)?C), DEANING THE
NOTICE OF THE HEARING WAS DEFICIENT, GIVEN COUGHLIN8S SIGNATURE
INDICATES A DATE OF 10(29(12, IE, FAR LESS THAN THE @AT LEAST "0 DAYS@
EEFORE THE HEARING DAY TAHE PLACE ?19 DAYS IS NOT EVEN CLOSE),
AND THE D3s4;10%421 2, W4%13ss3s 01) S6++0*> 2, Ev4)31/3 4s 12% 74s%3) 41 %$3
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1. 3he Busti"e shall( )ithi 10 !a#s a'ter the oti"e o'
appeal is 'ile!( trasmit to the "ler$ o' the !istri"t "ourt the
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HING AND ECHEVERRIA8S ATTEDPTS TO TURN THE 11(1#(12 HEARING IN
TO SODE SUDDARY DISCIPLINARY PROCEEDIGN FOR DECLARATION
DAHING IN THEIR PRESENCE, WHETHER LEVERAGING PAST FILINGS
REERANDED OR NOT...
2. D63 &*2/3ss
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ASSUDING THERE HAS EEEN SERVICE OF THE CODPLAINT,
WHICH HAS NOT EEEN SHOW, COUGHLIN REGUEST HIS FIRST
CONTINUANCE...
S6&. C%. R673s, RULE 10C, NV ST S CT RULE 10C
NRCP RULE 12. DEFENSES AND OEJECTIONSW
WHEN AND HOW PRESENTEDWEY PLEADING OR
DOTIONWDOTION FOR JUDGDENT ON
PLEADINGS
?0) W$31 P*3s31%3).
?1) A )3,31)01% s$077 s3*v3 01 01s=3* =4%$41 20 )0>s 0,%3*
5341; s3*v3) =4%$ %$3 s6++21s 01) /2+&7041%, 6173ss
2%$3*=4s3 &*2v4)3) 5> s%0%6%3 =$31 s3*v4/3 2, &*2/3ss 4s
+0)3 &6*s601% %2 R673 #?3)?").
C26;$741 =0s 13v3* s3*v3) =4%$ %$3 S6++21s 01)
C2+&7041%s 61)3* SCR 10<, 01) E0* C261s37 /4%3) 12
06%$2*4%> %2 s6&&2*% 4%s 0&&0*31% /21%31%421 %$0% +3*37>
+04741; 0 /3*%4,43) +04741; &6*&2*%41; %2 41/76)3) %$3
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C2+&7041% 4s s6,,4/431%, 3s&3/4077> =$3*3, 0s $3*3, E0*
C261s37 01) %$3 SEN +0)3 *3&*3s31%0%421s C26;$741 =0s
&3*+4%%3) %2 *3&7> 6&21 %2 %$3 3,,3/ %$0% %$3 J(2"(12
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2,,3*3) 0s &*22, 2, 2* *3%6*1 2, s3*v4/3.
?2) A &0*%> s3*v3) =4%$ 0 &730)41; s%0%41; 0 /*2ss/704+
0;041s% %$0% &0*%> s$077 s3*v3 01 01s=3* %$3*3%2 =4%$41 20
)0>s 0,%3* 5341; s3*v3). T$3 &7041%4,, s$077 s3*v3 0 *3&7> %2
0 /261%3*/704+ 41 %$3 01s=3* =4%$41 20 )0>s 0,%3* s3*v4/3 2,
%$3 01s=3* 2*, 4, 0 *3&7> 4s 2*)3*3) 5> %$3 /26*%, =4%$41 20
)0>s 0,%3* s3*v4/3 2, %$3 2*)3*, 6173ss %$3 2*)3* 2%$3*=4s3
)4*3/%s.
?") T$3 S%0%3 2, N3v0)0 2* 01> &274%4/07 s65)4v4s421
%$3*32,, 01) 01> 2,,4/3*, 3+&72>33, 520*) 2* /2++4ss421
+3+53* 2, %$3 S%0%3 2, N3v0)0 2* &274%4/07 s65)4v4s421, 01)
01> s%0%3 73;4s70%2* s$077 ,473 01 01s=3* 2* 2%$3* *3s&21s4v3
&730)41; =4%$41 #C )0>s 0,%3* %$34* *3s&3/%4v3 )0%3s 2,
s3*v4/3.
?#) T$3 s3*v4/3 2, 0 +2%421 &3*+4%%3) 61)3* %$4s *673 07%3*s
%$3s3 &3*42)s 2, %4+3 0s ,2772=s, 6173ss 0 )4,,3*31% %4+3 4s
,4:3) 5> 2*)3* 2, %$3 /26*%'
<,= i' the "ourt !eies the motio or postpoes its
!ispositio util the trial o the merits( a resposi%e
plea!ig shall be ser%e! )ithi 10 !a#s a'ter oti"e o'
the "ourtOs a"tioL
Chair +"he%erria&s 1r!er purportig to re;uire
Cougli 'ile a%eri'ie! 2espose i less time tha allotte!
upo a# purporte! rulig o Coughli&s 6otio to
0ismiss( ma$es hol!ig the 4earig o 11/14/12 a!
a! 1r!er "oe"te! thereto %oi! <e%e )hether >ar
Cousel has perpetrate! a 'rau! i sta!ig behi! a
"erti'i"ate o' mailig that is $o)s is ot true as to the
1"tober 9th( 2012 "erti'ie! mailig ol# 5 maile!( a""or!ig to
its "erti'i"ate&s o' mailig( the S>5 set the 10 9 12
5oti"e o' /tet to 3a$e 0e'ault b# "erti'ie! mial ol#(
ie( it )as ot set %ia 'irst "lass mail as )ell=*
?E) 4, %$3 /26*% ;*01%s 0 +2%421 ,2* 0 +2*3 )3,414%3
s%0%3+31%, 0 *3s&21s4v3 &730)41; s$077 53 s3*v3) =4%$41 10
)0>s 0,%3* s3*v4/3 2, %$3 +2*3 )3,414%3 s%0%3+31%.
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<b= 4o) Presete!* +%er# !e'ese( i la) or 'a"t( to a
"laim 'or relie' i a# plea!ig( )hether a "laim(
"outer"laim( "ross-"laim( or thir!-part# "laim( shall be
asserte! i the resposi%e plea!ig thereto i' oe is
re;uire!( eE"ept that the 'ollo)ig !e'eses ma# at the
optio o' the plea!er be ma!e b# motio: <1= la"$ o'
Buris!i"tio o%er the subBe"t matter( <2= la"$ o'
Buris!i"tio o%er the perso( <3= isu''i"ie"# o' pro"ess(
<4= isu''i"ie"# o' ser%i"e o' pro"ess( <5= 'ailure to state
a "laim upo )hi"h relie' "a be grate!( ?!) ,0476*3 %2
B241 0 &0*%> 61)3* R673 1<. A +2%421 +0.41; 01> 2, %$3s3
)3,31s3s s$077 53 +0)3 53,2*3 &730)41; 4, 0 ,6*%$3* &730)41;
4s &3*+4%%3). N2 )3,31s3 2* 25B3/%421 4s =04v3) 5> 5341;
B2413) =4%$ 213 2* +2*3 2%$3* )3,31s3s 2* 25B3/%421s 41 0
*3s&21s4v3 &730)41; 2* +2%421. I, 0 &730)41; s3%s ,2*%$ 0
/704+ ,2* *3743, %2 =$4/$ %$3 0)v3*s3 &0*%> 4s 12% *3A64*3) %2
s3*v3 0 *3s&21s4v3 &730)41;, %$3 0)v3*s3 &0*%> +0> 0ss3*% 0%
%$3 %*407 01> )3,31s3 41 70= 2* ,0/% %2 %$0% /704+ ,2* *3743,.
I,, 21 0 +2%421 0ss3*%41; %$3 )3,31s3 16+53*3) ?C) %2
)4s+4ss ,2* ,0476*3 2, %$3 &730)41; %2 s%0%3 0 /704+ 6&21
=$4/$ *3743, /01 53 ;*01%3), +0%%3*s 26%s4)3 %$3 &730)41;
0*3 &*3s31%3) %2 01) 12% 3:/76)3) 5> %$3 /26*%, %$3 +2%421
s$077 53 %*30%3) 0s 213 ,2* s6++0*> B6);+31% 01) )4s&2s3)
2, 0s &*2v4)3) 41 R673 C!, 01) 077 &0*%43s s$077 53 ;4v31
*30s210573 2&&2*%614%> %2 &*3s31% 077 +0%3*407 +0)3
&3*%4131% %2 s6/$ 0 +2%421 5> R673 C!.
C26;741 &*3s31%3) 077 %$3 052v3 527)3) )3,31s3 01)
C$04* E/$3v3**40 )4) 12% )4s&2s3 2, 077 s6/$ D2%421s +0)3
5> C26;$741.
...
?)) P*374+410*> H30*41;s. T$3 )3,31s3s s&3/4,4/077>
316+3*0%3) ?1)?!) 41 s65)4v4s421 ?5) 2, %$4s *673, =$3%$3*
+0)3 41 0 &730)41; 2* 5> +2%421, 01) %$3 +2%421 ,2*
B6);+31% +31%4213) 41 s65)4v4s421 ?/) 2, %$4s *673 s$077 53
$30*) 01) )3%3*+413) 53,2*3 %*407 21 0&&74/0%421 2, 01>
&0*%>, 6173ss %$3 /26*% 2*)3*s %$0% %$3 $30*41; 01)
)3%3*+410%421 %$3*32, 53 )3,3**3) 61%47 %$3 %*407.
?3) D2%421 ,2* D2*3 D3,414%3 S%0%3+31%. I' a plea!ig to
)hi"h a resposi%e plea!ig is permitte! is so %ague or
ambiguous that a part# "aot reasoabl# be re;uire!
to 'rame a resposi%e plea!ig( the part# ma# mo%e 'or
a more !e'iite statemet be'ore iterposig a
resposi%e plea!ig* T$3 +2%421 s$077 &241% 26% %$3
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)3,3/%s /2+&70413) 2, 01) %$3 )3%047s )3s4*3). I, %$3 +2%421
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)33+s B6s%.
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s/01)0726s +0%%3*.
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+2%421s $3*341 &*2v4)3) ,2* 01) %$31 0v0470573 %2 %$3 &0*%>.
I, 0 &0*%> +0.3s 0 +2%421 61)3* %$4s *673 56% 2+4%s
%$3*3,*2+ 01> )3,31s3 2* 25B3/%421 %$31 0v0470573 %2 %$3
&0*%> =$4/$ %$4s *673 &3*+4%s %2 53 *04s3) 5> +2%421, %$3
&0*%> s$077 12% %$3*30,%3* +0.3 0 +2%421 50s3) 21 %$3
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?$) W04v3* 2* P*3s3*v0%421 2, C3*%041 D3,31s3s.
?1) A )3,31s3 2, 70/. 2, B6*4s)4/%421 2v3* %$3 &3*s21,
41s6,,4/431/> 2, &*2/3ss, 2* 41s6,,4/431/> 2, s3*v4/3 2,
&*2/3ss 4s =04v3) ?A) 4, 2+4%%3) ,*2+ 0 +2%421 41 %$3
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R673 1C?0) %2 53 +0)3 0s 0 +0%%3* 2, /26*s3.
?2) A )3,31s3 2, ,0476*3 %2 s%0%3 0 /704+ 6&21 =$4/$ *3743,
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+3*4%s.
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2%$3*=4s3 %$0% %$3 /26*% 70/.s B6*4s)4/%421 2, %$3 s65B3/%
+0%%3*, %$3 /26*% s$077 )4s+4ss %$3 0/%421.
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$%%&'((s)*v.+s(T%#)Y,
A7s2 0v0470573 0% %$0% 741. 4s %$3 %*01s/*4&% ,*2+ %$3 /*4+4107 %*3s&0ss T*407 21 !(1J(12
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0 &3*42) 2, %4+3 41 =$4/$ C26;$741 12= $0s &31)41; ;*43v01/3s 0;041s% +3+53*s 2, %$3
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*3s&3/%41; %$3 0&&74/0%421, v40 1*s #0.#00 2, NRCP C 01) NRCP ! *3A64*41; " )0>s ,2*
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/26;$741 )*2&s@ ?0% %$3 W07D0*% %$0% 4s 21 701) *31%3) ,*2+ %$3 I1)401 C2721>, 41 01 0**3s% +0)3 5> %*4507
&274/3 ,2* 0 +4s)3+3012*W07D0*%8s T$2+0s F*21%412 %3s%4,43) %$0% 134%$3* $3 12* 01>213 =4%$ W07D0*%
+0)3 0 /4%4I31s 0**3s% 21 <(<(11 2, C26;$741) %$0% v4270%3) %$3 70= 41 %$0% NRS 191.12CC ,2*54)s %*4507 &274/3
,*2+ +0.41; 0**3s%s 2%$3* %$01 %$2s3 ,2* ;*2ss +4s)3+3012*s 01) ,372143s. =$2+ 0&&30*s %2 53 *370%3) %2
D4/$037 S+47> R2=3, EsA, 0 &3*s21 =$2+ C26;$741 $0) 41)4/0%3) =267) 41v2.3) 0 /21,74/% 6&21 0 s$2=41;
2, s6,,4/431% /2113/%421 %$3*3%2...)
SBN cLERK OF cOURT Laura Peters (the SBN has filed not proof of service of the
summons and complaint sufficient to satisf S!R "#$ in vie% of the representations made
& the State Bar of Nevada' includin( those & Laura Peters on the phone and in %ritin(
to !ou(hlin and found in Peters )ffidavit on file in this matter* The first alle(ed certified
mailin( of +,-.,"- is not sufficient to sho% service %here Peters herself (and this is
spo/en to in her affidavit0 represented that the SBN %ould not &e attemptin( to use it to
proof service of an sort of the !omplaint' &ut rather' Peters %ould send' soon after
Septem&er ""th' -#"- a certified mailin( cop of the S!R "#1 SBN v 2ach !ou(hlin
complaint to !ou(hlins S!R 3$ address' and that the complaint %ould not &e deemed
served or & the SBN' nor %ould the SBN attempt to represent in an %a that it had
&een served' until 2ach cou(hlin had si(ned the return receipt re4uested and or certified
letter si(nature card and it had &een received & the SBN*
-* "","5,"- hearin( (o for%ard' %hich it clearl should not' at least not in its current
un&ifurcated' due process violatin(' unnoticed' no service of the "#,$,"- NOtice of 6Ntent
to Ta/e 7efault' no 8at least .# das8 service of the 7esi(nation of 9itness and Summar
of Evidence BY THE PANEL, NOT BY THE SBN, BAR COUNSEL, OR THE CLERK
OF THE SBN' under S!R "#1(-0(c0
H3*+01 v. S%>73 L413 G*33%41;s, I1/., 2J< S2.2) J9!
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L0.A&&.#.C4*.,1<9#W$3*3 3v4/%421 &*2/33)41; =0s %0.31 61)3* 0)v4s3+31% 01) B6);+31%
2, 3v4/%421 =0s *31)3*3) 21 ,2772=41; )0> 01) 26% 2, &*3s31/3 2, /261s37, s%0%6%3
&*2v4)41; %$0% 4, /26*% ,41)s
73ss2* 2* 2=13* 31%4%73) %2 *3743, s26;$%, /26*% s$077 *31)3* 4++3)40%37> 0 B6);+31% 2,
3v4/%421
2*)3*41; )374v3*> 2, &2ss3ss421 2, &*3+4s3s %2 73ss2* 2* 2=13* $0) 12% 5331 /2+&743) =4%$
01) B6);+31% =0s 41v074). LSAC.C.P. 0*%. #9"2.
7ear Bar !ounsel and Panel :em&ers'
P730s3 ,41) 0%%0/$3) +> E+3*;31/> E: P0*%3 D2%421 ?&3*$0&s 12% @3: &0*%3@ ;4v31 E0* C261s37 =0s
&*2v4)3) 4%). A7s2, &730s3 12%3, %$3 O/%253* <%$, 2012 /3*%4,4/0%3 2, +04741; 5> %$3 SEN ,2* %$3 N2%4/3 2,
I1%31% %2 T0.3 D3,067% =0s 13v3* s3*v3) 21 +3 41 01> =0> s$0&3 2* ,2*+ 61%47 I *3/34v3) %$3 /2&> 2, %$3
@31%4*3@ ,473 ,2*+ S43**0 L3;07 D6&74/0%41;. T$3 S%0%3 E0* 2, N3v0)0 .12=s %$4s. T$3> &6% %$3 =*21; &2s%0;3
21 %$3 /3*%4,43) +047 31v372&3 /21%04141; %$3 N2%4/3 2, I1%31% %2 T0.3 D3,067%. W$31 I =31% %2 &4/. 4% 6&
@T4+@ USPS /261%3* 0%%31)01% 0% %$3 V0ss0* P2s%07 S%0%421 $3*3 41 )2=1%2=1 R312 *3,6s3) %2 0772= +3 %2
&4/. 6& %$0% /3*%4,43) +04741; ;4v31 %$0% 4s =0s 0526% OC.00 )3,4/431% 41 &2s%0;3. I )4) 12% $0v3 OC.00 01) 4% 4s
12% 53 *3s&21s45474%> %2 &0> 4%, 0s ,0* 0s I .12=. I1 ,0/%, I $0v3 0s.3) %$3 E0* 01) %$4s P0137 %2 0772= +3 %2
&*2/33) 41 ,2*+0 &06&3*4s 41 %$4s +0%%3*, 01) 0+ )241; s2 0;041 $3*3 ?I 0+ ,70% 5*2.3, I $0v3 0 1<<! H21)0
A//2*), *31% 0 *22+ ,2* O"00 0 +21%$, $0v3 73ss %$01 O200 41 +> 501. 0//261%, 12 s%2/.s, 12 521)s).
I $0v3 5331 +4s730) 2* 743) %2 5> %$3 SEN 41 16+3*26s =0>s 41 %$4s &*2/33)41;. I =0s %27) I /267) 4ss63
s65&2310s )3s&4%3 5341; 0 s6s&31)3) 0%%2*13> ?01) %$3*3 4s /0s3 70= %$0% s0>s 3v31 =$31 s6s&31)3), 213 4s
s%477 01 @0%%2*13>@). I =0s %27) I =267) 12% 53 *3A64*3) %2 &0> s65&2310 ,33s. I =0s %27) %$3 A6;6s% 2"*), 2012
/3*%4,43) +04741; =267) 05s276%37> 12% 53 6s3) %2 &*2v3 &*22, 2, s3*v4/3 2, %$3 C2+&7041% 41 %$4s +0%%3*, SEN
v. C26;$741. Y3% 0 *3v43= 2, %$3 ,473s *3v307s %$0% %$3 SEN 01) P0137s 217> R3%6*1 2, S3*v4/3 ?01) s33 SEN
E%$4/s C2++4%%33 D3+53* J2s3&$ G0*418s *3/31% E*43, 41 !0"02 s33.41; %2 )4s+4ss +> 31%4*3 =*21;,67
%3*+410%421 70=s64% 0;041s% W0s$23 L3;07 S3*v4/3s) ,2* 0 *307 4*214/ 3:0+&73 2, B6s% =$> %$3 $30*41; 21
N2v3+53* 1#%$, 2012 +6s% 12% ;2 ,2*=0*). I% 4s ,*06)6731% ,2* %$3 S%0%3 E0* 2, N3v0)0 %2 s%4&670%3 =4%$ +3
%$0% %$3 A6;6s% 2"**), 2012 /3*%4,43) +04741; 2, %$3 C2+&7041% 4s 0773;3s =0s s31% 01) %$0% C73*. 2, C26*%
P3%3*s 0)+4%s %2 $0v41; *3/34v3) 50/. 21 S3&%3+53* 10%$, 2012 =267) 13v3* 53 /4%3) %2 0s 3,,3/%41; s3*v4/3
2, %$3 C2+&7041% 6&21 +3 2* 2%$3*=4s3 &6% ,2*=0*) 0s &*22, 2, *3%6*1 2, s3*v4/3 3%/. N2= %$3 SEN s33.s %2
;3% 0*261) %$3 41/21v31431% ,0/% %$0%, 41s%30) 2, $27)41; +> $30*41; 21 S3&%3+53* 2C%$, 2012 ?C73*. P3%3*s
%27) +3 4% =0s 21 %$3 /0731)0*, I =0s 12%4/3) 2, 4% 41 =*4%41;, I 0;*33) %2 %$0% )0%3 ,2* %$3 H30*41; 0+21;s% 0
/$24/3 2, )0%3s, 3%/..) E0* C261s37 H41; 0%%3+&%3) %2 s$2v3 0 )2/6+31% $3 0773;3s =0s %$3 C2+&7041% 41 +>
s64% B0/.3%, %$31 &3*s4s%3) 41 2*)3*41; C73*. 2, C26*% P3%3*s ?=$2+ H41; 07%3*10%37> /704+s %2 $0v3
s3&0*0%421 ,*2+ 01) 12 06%$2*4%> 2v3* =4%$ 2*)3*41; $3* 12% %2 ,473 +> D2%421 %2 D4s+4ss, 0%%3+&%41; %2
*313; 21 s%4&760%421s 01) *3&*3s31%0%421s +0)3 5> %$3 SEN, 3%/). F6*%$3*, 4% 4s =*21; ,2* C73*. 2, C26*%
P3%3*s %2 53 s4;141; %$3 /3*%4,4/0%3s 2, +04741; ,2* 52%$ %$3 SEN 01) ,2* %$3 P0137 C$04*. A))4%421077>, 61)3*
SCR 10C?2)?/), 4% 4s %$3 P0137 %$0% +6s% s31) %$3 R3s&21)31% %$3 N2%4/3 2, H30*41; @0% 730s% "0 )0>s@ &*42* %2
%$3 H30*41; )0%3, 01) %$0% N2%4/3 +6s% 41/76)3 =4%$ 4% %$3 D3s4;10%421 2, W4%13ss3s 01) S6++0*> 2,
Ev4)31/3, 01) 4% +6s% 53 s3*v3) 41 %$3 s0+3 +0113* 0s %$3 C2+&7041%. I% 4s 4+&3*+4ss4573 ,2* P0% H41; %2
0%%3+&% %2 +047 26% %$3 N2%4/3 2, %$3 H30*41; 01) D3s4;10%421 2, W4%13ss3s =33.s 53,2*3 %$3 P0137 4s 3v31
011261/3) ?$2= /01 >26 &2ss457> 53 &*3%31)41; %2 %0.3 >26* )6%> 0s 0 P0137 +3+53* s3*426s7> =$31 >26 0*3
3ss31%4077> s$2=41; 6& %$3 )0> 2, %$3 ,4*s% ;0+3, s.4&&41; 077 %$3 &*0/%4/3s 01) &*3s30s21 ;0+3s....=3 077
s0= $2= %$0% %6*13) 26% ,2* E*3% F0*v3 41 $4s 70s% s30s21. I% 4s 0&&07741; %2 +3 %$0% >26 41%31) %2 $27) %$4s
$30*41; ;4v31 %$3s3 570%01% v4270%421s 2, SCR 10C?2)?/), 56% =$31 >26 0)) %2 %$0% %$3 ,*06)6731% /21)6/% 2,
P0% H41;, 41 ,04741; %2 0+31) $4s 01) 2* C73*. 2, C26*% P3%3*s /3*%4,4/0%3 2, +047441; 2* *3%6*1 2, s3*v4/3 ,2*
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%$3 &6*&2*%3) /3*%4,43) +04741; ?01), /21%*0*> %2 %$3 SEN8s 3s%0574s$3) &*0/%4/3 )3%0473) 41 %$3 /3*%4,4/0%3s 2,
+04741; I $0v3 *3v43= 6&21 ,41077> 5341; ;*01%3) 0 /2&> 2, %$3 @,473@, %$26;$, %$3 *673 s0>s I ;3% %2 ;2 %2 %$3
SEN8s 2,,4/3s 01) *3v43= /3*%041 %$41;s @6& %2 %$*33 )0>s@...12% $0v3 P0% H41; 01) L06*0 P3%3*s +016,0/%6*3
s2+3 121s31s3 0526% =$> I 0+ 12% 0772=3) 0% %$3 5647)41; 2* 2%$3*=4s3 v4270%41; +> *4;$%s ?=$4/$ 4s
s2+3%$41; H41; 01) P3%3*s )2 3v3*>%4+3 %$3> ;3% /06;$% v4270%41; %$3 *673s.) F6*%$3*, I $0v3 5331 ?01) s2+3
+4;$% s0> %$4s =0s 70*;37> 5> )3s4;1) B0++3) 41%2 $0v41; %$4s D4s/4&7410*> H30*41; 21 N2v3+53* 1#%$,
2012 41 4+&3*+4ss4573 &*2:4+4%> %2 %$3 &3%%> 70*/31> %*407 41 */*20110!""#1 ?s33 D21%43*2 ,2* =$> 4% 4s 12%
3v31 0&&*2&*40%3 ,2* H41; %2 53 s33.41; %2 ,2*/3 +3 %2 &*3B6)4/3 +> )3,31s3 41 %$0% +0%%3*) 21 N2v3+53*
1<%$, 2012, 41 D3&0*%+31% 2, 53,2*3 J6);3 S,3**0II0, =$2+ &*3s4)3) 2v3* %$3 s6++0*> 3v4/%421(6170=,67
)3%0413* @T*407@ ,*2+ +> ,2*+3* $2+3 70= 2,,4/3 %$0% %$3 /*4+4107 %*3s&0ss 0**3s%, B0>=07.41; 0**3s% ?H41;8s
C2+&7041% )23s18% +010;3 %2 s&3/4,> %$0% %$3 J0160*> 12%$, 2012 0**3s% =0s ,2* B0>=07.41; 26%s4)3 +>
,2*+3* $2+3 70= 2,,4/3 s$2*%7> 0,%3* +> /2773/%41; v4)32 3v4)31/3 *3v3073) %$3 ,*06) 0%%31)01% %2 H4778s
/21%*0/%2* $0v4; 6s3) +> 2=1 &7>=22) %2 520*) 6& %$3 50/. &2*/$ 2, %$3 &*2&3*%>....H477, 07s2, 0% %$0% %4+3,
=31% 01) ;2% 0 TPO %$0% =0s 50s3) 70*;37> 6&21 01 26%*4;$% 743, 43, %$0% I @/74+53) 6& 21@ %$3 /21%*0/%2* P$47
S%3=0*%8s %*6/.). I 53743v3 %$4s P0137 s$267) *3v43= ?I /0112% 0,,2* %$3 O"C %2 O90 ,2* %$3 v4)32 2, %$3 %=2
$30*41;s 21 H4778s D2%421 ,2* O*)3* %2 S$2= C06s3 2, J0160*> 20%$, 2012 ?%$3 O*)3* %2 S$2= C06s3 =0s
s3*v3) 5> RDC D0*s+ $07 H0*73>, )3s&4%3 =$0% WCSO D3&6%> D0/$31 s04) $3 &3*s21077> s3*v3) 41 $4s
0,,4)0v4% ?D0/$31 07s2 743) 0526% &3*s21077> s3*v41; %$3 3v4/%421 72/.26% 2*)3* ,2* HI77, 01) HI77 743) 0% %$3
%*3s&0ss %*407 =$31 $3 %3s%4,43) %$0% D0/$31 @&2s%3) 4% 21 %$3 )22* 53/063s >26 *01 0=0>@, H477 07s2 743) 0%
%*407 =$31 $3 0773;3) %$3 R312 PD 011261/3) %$3+s37v3s 0s 70= 31,2*/3+31% 01) 4ss63) 0 70=,67 2*)3* %2
3+3*;3 ,2*+ %$3 50s3+31% &*42* %2 %$3 701)72*) .4/.41; 41 %$3 )22*, 01) H477 07s2 743) 0526% =$3%$3* 01>213
%$0% )0> =0*13) C26;$741 %2 730v3 %$3 &*2&3*%> &*42* %2 H4778s s4;141; %$3 /*4+4107 /2+&7041% %2 0,,3/% 0
/6s%2)407 0**3s% ,2* /*4+4107 %*3s&0ss).
A))4%421077>. I +2v3) *3/31%7>, 01) 6&)0%3) +> SCR 9< 0))*3ss 41 /2+&7401/3 =4%$ %$0% S6&*3+3 C26*%
R673 =377 =4%$41 %$3 "0 )0>s 2, +> +2v41;. F6*%$3*, I ,473) 01 2,,4/407 C$01;3 2, A))*3ss =4%$ %$3 USPS,
01) %$0% /06s3) )370>s 41 *3/34v41; +> +047 41/4)31% %2 %$3 %>&4/07 ,2*=0*)41; &*2/3)6*3s 2, %$3 USPS, 01) I
$0v3 %$3 >3772= s%4/.3*s 21 %$3 31v372&3s %2 &*2v3 4%. F6*%$3*, 53s4)3s s65+4%%41; 01 2,,4/407 C$01;3 2,
A))*3ss ,2*+ %2 %$3 V0ss0* S%0%421 21 O/%253* C%$, 2012, C26;$741 =*2%3 %$3 SEN 21 O/%253* 1#%$, 2012,
01) &*2v4)3) $4s 13= 1#91 E. <%$ S%. +04741; 01) &$>s4/07 0))*3ss, 41 0))4%421 %2 6&)0%41; %$3 217413 &2*%07
01) %$3 NV CLE E20*) 3v31 &*42* %2 %$0%, 077 41 /2+&7401/3 =4%$ SCR 9<.
89e nevertheless conclude that discipline orders appearin( in the Nevada La%er ma
&e cited to this court for the limited purpose of providin( e;amples of the discipline
imposed in similar fact situations* This approach has also &een ta/en & several other
courts* n--
n-- See* e*(*' Berman v* !it of 7al !it' -" !al* )pp* 5th -3<' -< !al* Rptr' -d 5$.'
5$< n*1 (!t* )pp* "$$.0= :are2 v* 7airland 6ns* !o*' <.+ P*-d -+<' -+$ n*- (!olo* "$+"0=
:anderfeld v* Krovit2' 1.$ N*9*-d +#-' +#3 n*. (:inn* !t* )pp* "$$10> Leisure ?ills of
@rand Rapids v* 7?S' 5+# N*9*-d "5$' "1" n*. (:inn* !t* )pp* "$$-0*8 L)UB*
T$31 %$3*3 4s J6);3 H0*)3s%> 5341; 0 213 2, %$3 %$*33 J6s%4/3s s4;141; %$3 !(9(12 O*)3* %$0%
%3+&2*0*47> s6s&31)3) C26;$7418s 70= 74/31s3 2v3* 0 /21v4/%421 ,2* &3%%> %$3,% 2, @0 /01)> 50* 01) s2+3
/26;$ )*2&s@ ?)3s&4%3 %$3 *3/31%7> *341s%0%3) S%3&$31 R. H0**4s, EsA. 12% $0v41; 0 %3+&2*0*> s6s&31s421
3v31 =$3*3 $3 0)+4%%3) %2, 6&21 5341; ,2*/3) %2 5> $4s =4,3 70= &0*%13*, +4s0&&*2&*40%41; s2+3 O9#0,000
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01) 6s41; 4% 21...?NVD J6);3 E33s73>8s, 0 E01.*6&%/> J6);3 41 F3)3*07 C26*% =$2 $0s 0 s&3/4074I0%421 41
@C*3)4%2*8s R4;$%s@ 74s%3) 21 $4s /21%0/% &0;3 0% ===.1v50*.2*;, ?D/G32*;3 L0= S/$227 /70ss 2, 1<9<,
+30141; $3 0%%31)3) =4%$ R312 D614/4&07 C26*% J6);3 D2*2%$> N0s$ H27+3s 10+3 =0s s6&&7+313%3) %2
%$3 D3s4;10%421 2, W4%13ss 5> 0 N2v3+53* 9%$, 2012 ,4741; 5> E0* C261s37 H41;...=$4/$ +301s C26;7$41
)4) 12% $0v3 +6/$ 12%4/3 0% 077 %$0% E33s73> =267) %3s%4,>. N34%$3* )4), 0&&0*31%7>, J6);3 E33s73>, 0s, ,2*
213 %3s%4,>41; 0s %2 =$3%$3* 0 +01 s$26)7 *3%041 $4s 70= 74/31s3 01) %$3 J6);3 5341; =47741; %2 s2 =34;$ 41
=4%$ )3,414%4v3 2&41421s ?3v31 =$3*3 0 +67%4%6)3 2, /217,4/%s 2, 41%3*3s%s =$3*3 &*3s31% %$0% s$267) $0v3
0*;6057> &*3/76)3) $4+ ,*2+ s2 )241; 61)3* %$3 /0121s 2, $4s &*2,3ss421....N0s$ H27+3s(D/G32*;3
/2113/%421, H0*31 S052(E33s73> P3/.(C26;$741 s641; W0s$23 L3;07 S3*v4/3s( E33s73> /72s3 &3*s2107 ,*431)
2, E7/0128s 01;73) J6);3 E33s73> s6*3 )4)18% $0v3 +6/$ 41 %$3 =0> 2, s&3/4,4/s %2 s6&&2*% $4s s%*21;
2&41421s. IN ,0/%, $3 s33+3) %2 %*4& 6& 21 %$41;s *0%$3* 30s47> 01) =4s$ %2 v0;63 4% 077 =0> =$31 C26;$741
&*3ss3) ,2* s&3/4,4/s. O13 %$41; %$0% s33+s &0*%4/670*7> 61%2=0*) 4s %$3 3:%31% %2 =$4/$ J6);3 E337s3> ,0473)
%2, 41 01> =0>, +31%421 %$3 3:%*3+37> 12%4/30573 ,4741; ?+0)3 0//3s4573 %2 077 v40 %$3 RECAP &76;41 21
F4*3,2: ,2* %$2s3 6s41; P0/3*, =$3*341 J6);3 E33s73>8s D/G32*;3 C70ss +0%3 ?%$3> =3*3 213 >30* 0&0*% 01)
0*3 07+2s% 3:0/%7> %$3 s0+3 0;3) D2*2%$> N0s$ H27+3s 4773;077> /21,4s/0%41; 01 &*2 s3 0%%2*13> )3,31)01%8s
s+0*% &$213 01) +4/*2 s) )0%0 /0*), =377 0,%3* 01> &3*42) ,2* $3* D0*s$07s %2 /21)6/% 0 @s30*/$ 41/4)31% %2
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11(1#(12 D4s/4&7410*> H30*41; 01) C26;741 HEREEY PLACES THE STATE EAR OF
NEVADA, SUNSHINE REPORTING SERVICES, CAROL HUDDEL, LINDA SHAW,
PAT HING, LAURA PETERS, THE NORTHERN NEVADA DISCIPLINARY EOARD
AND ITS PANEL ON NG12020C ET AL ON A LITIGATION HOLD NOTICE.
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/7431%s, %2 53 s6*3, *4;$%L s$3 =267)18%, 12* =267) J)6;3 H2=0*), 53 s33.41; %2 ;3% 50/. 0% C26;$741 +2*3 5>
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//t is "ategori"all# 'alse 'or 8u!ge 5ash 4olmes to assert( i the au!io re"or! o
3/12/12 the or!er o' e%ets a! )he she as$e! Coughli her ;uestios about
re"or!ig( "osi!erig )he a restroom brea$ too$ pla"e a eEa"tl# )hat it is she
as$e! Cougli a! )he( a! )hat his resposes )ere( a! )he some allegatios b#
Dthe 6arshalD )ere ma!e( )hat the# "osiste! o'( et"** o 3/12/12 i 11 tr 26800 the
au!io tras"ript rea!s 7 miutes ito the au!io re"or! the 26C pro%i!e! the S>5:
8u!ge 5ash 4olmes <5ash=: /t appears to me i this "ase that the !e'e!at is su''erig 'rom
some eEtreme 'orm o' metal illess* !urig the trial / as$e! the !e'e!at attore#
repeate!l# i' he )as re"or!ig the pro"ee!igs he !eie! that %ehemetl# a 'e) times a!
the he ;uote too$ the 'i'th a 'e) other times a! the he re;ueste! to be eE"use! to go to the
bathroom a! the 6arshal later reporte! to me that )hile the getlema )as i the
bathroom he !isassemble! a re"or!ig !e%i"e i his po"$et a! too$ the memor# out o' it
a! it )as later 'ou! i that( uh( b# the 6arshal o oe else ha! goe ito the bathroom
a! that )as retrie%e! a! it )as put ito his possessio at the Sheri''&s o''i"e a! )he the#
boo$e! him ito Bail 'or the "otempt "harge that )as boo$e! ito e%i!e"e a! / as$e! the
Sheri''&s o''i"e to hol! that ito e%i!e"e* / belie%e he has %iolate! Supreme Court 2ule
229<2=<>= )hi"h )as ame!e! b# ,0?3 440( ,ugust 1st( 2011****D
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IDDEDIATELY AFTER THE RESTROOD EREAH, A EREAH IN WHICH JUDGE NASH HOLDES
REFUSED TO ALLOW COUGHLIN TO TAHE HIS YELLOW LEGAL PAD WITH HID AND WHICH
OCCURED AFTER COUGHLIN DADE A VEREAL PRESERVATION ON THE RECORD OF THE
WHISPERING IN EACH OTHER8S EARS EY CITY ATTORNEY ALLISON ORDAAS AND
DARSHAL HARLEY ?WHO SEEDED A EIT UPSET AEOUT SODE OF THE GUESTIONS
COUGHLIN ASHED THED IDDEDIATELY EEFORE THE TRIAL ?DURING THAT PERIOD OF
TIDE WHERE JUDGE NASH HOLDE8S ASSISTANT INDICATED, ON THE RECORD IN ONE OF
THE OTHER CASES ON THAT STACHED DOCHET, THAT J6);3 N0s$ H27+3s B6s% /267)18% 53 ,261),
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/2ule 120* CostsL bar "ousel "o'li"t or !is;uali'i"atio*
1.
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*30s210573 5> %$3 &0137 01) 0772/0573 %2 %$3 &*2/33)41;.
2.
/'( 'or a# reaso( bar "ousel is !is;uali'ie! or has a "o'li"t o' iterest( the boar! o'
go%erors shall appoit a attore#( a! ho"( to a"t i the pla"e o' bar "ousel*
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Coughli is trul# se%erl# i!iget at this poit a! re;uests( to )hate%er
eEtet a! /.P has ot alrea!# bee grate! herei( a! 1r!er allo)ig him to
pro"ee! / .orma Pauperis
$%%&'((s)*v.+s(T%#)Y,
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0!SEP2012 0#'CC PD ON2%4/3(A&&307 S6&*3+3 C26*% COUGHLIN, ZACHARY
E1%*>' APPEAL FEE PAID FOR THE 9"012 NOTICE OF APPEAL IDAGE ATTACHED TO JULY
FILING
$%%&'((===.//=0s$23./2+(&6574/(/.R&6574/RA*>R)2/%./&R).%*&%R,*0+3sL
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0!SEP
2012
0#'CC PD
ON2%4/3(A&&307 S6&*3+3 C26*% COUGHLIN, ZACHARY
+tr#:
APPEAL FEE PAID FOR THE 9"012 NOTICE OF APPEAL IDAGE ATTACHED TO
JULY FILING
0!SEP2012
0#'C! PD
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+tr#: A P0>+31% 2, O"#.00 =0s +0)3 21 *3/34&% DCDC"9C2<0.
"o"lusio
please reistate the appeal a! or grat i'p status or pro%i!e time to submit a proper i'p as
bar "ousel "learl# is guig 'or a Pael 1r!er that etails Coughli pa#ig ba"$ this u"o"ioable
attore# 'ee a)ar! prior to reistatemet( a! that is i' >ar Cousel Pat ?ig !oes&t get his state!
)ish to ha%e Coughli !isbarre!* .urther( the 0istri"t Court&s 3/30/12 1r!er shoul! be a!!e! to this
appeal gi%e the "ir"umsta"es( to )hate%er eEtet Coughli 'aile! to 'ile a timel# oti"e o' appeal
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thereto( as shoul! the oti"e o' appeal o' the Busti"e "ourt&s 12/21/11 1r!er 2esol%ig Coughli&s
5o%ember 17th( 2011 6otio to Cotest Persoal Propert# -ie "os!ierig the 28C 'aile! to 'ile
stamp i Coughli&s timel# 12/26/11 oti"e o' appeal thereto i rB" re%2011-001708( as the rB" !i! i
aother summar# e%i"tio 'rom a "ommer"ial lease i%ol%ig "oughli&s 'ormer home la) o''i"e i rB"
re%2012-000374***'urther 26C 8u!ge 5ash 4olmes has similarl# re'use! to 'ollo) the rules o
trasmittig appeals i 11 32 26800 < a "ase )hee 2i"har! 4ill ha! 26C 6arshal 8oel 4arle# %iolate
"ourthouse sa"tuar# !o"trie )here 4arle# persoall# ser%e! Coughli oti"e o' the 3/23/12 or!er to
sho) "ause hearig i the !istri"t "ourt appeal o' this matter <a! reall#( o 1"tober 19th( 2011(
Coughli alrea;!# ha! a 0istri"t "ourt appeal i this matter i "%11-03126 or "%11-03051***thus
ma$ig %oi! the etire appeal i "%11-03628( perhaps=*
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Proo' o' Ser%i"e:
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DDA YOUNG AT FA- EDAIL AND ADDRESS LISTED FOR HID AT
WWW.NVEAR.ORG SCR 9<
DATED THIS' D0%3) %$4s N2v3+53* 21, 2012
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- 9C(9C -
I N THE SECOND J UDI CI AL DI STRI CT COURT OF THE STATE OF
NEVADA
I N AND FOR THE COUNTY OF WASHOE
- oOo-
THE STATE OF NEVADA, :
:
Pl ai nt i f f , : Case No. CR12- 2025
: Dept No. 10
vs. :
:
ZACH COUGHLI N, :
:
Def endant . :
======================================================
TRANSCRI PT OF PROCEEDI NGS
PLEA HEARI NG
August 27, 2012
Reno, Nevada
Tr anscr i bed By: GAI L R. WI LLSEY, CSR #359, CA CSR #9748
J OB NO. 181922
TRANSCRI PT OF PROCEEDI NGS - 8/ 27/ 2012
SUNSHI NE REPORTI NG - 775- 323- 3411
Page 2
1
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5 ^. ^
6 A P P E A R A N C E S
7
8
FOR THE PLAI NTI FF:
9 MR. YOUNG
10
11
12
13 FOR THE DEFENDANT:
MR. LESLI E
14
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Page 3
1 **^. ^**
2 RENO, NEVADA, MONDAY AUGUST 27, 2012 9: 25 A. M.
3 **^. ^**
4
5 THE COURT: Okay.
6 Thi s i s Zachar y Coughl i n and we do have Mr .
7 Lesl i e f or t he def ense and Mr . Young f or t he St at e. I
8 have t wo cases one wel l act ual l y t hr ee cases, pet t y
9 l ar ceny, possessi on of st ol en pr oper t y whi ch i s a
10 Depar t ment 1 case and t hen I have unl awf ul use of t he
11 emer gency t el ephone number , a Depar t ment 5 case and
12 t hen a f al se st at ement t o obst r uct t he publ i c
13 of f i cer s, anot her Depar t ment 5 case.
14 Or i gi nal l y I had t hi s down as a t r i al and
15 t hen as a conf er ence and now i s i t a pl ea or ?
16 MR. LESLI E: Wel l , your Honor , we have a
17 t r i al dat e set f or Wednesday. Last week t her e was
18 some act i vi t y wi t h r egar d t o possi bl e set t l ement t hat
19 cul mi nat ed i n an of f er bei ng made by t he St at e.
20 We set t hi s hear i ng t oday as a pl ea hear i ng
21 i n case Mr . Coughl i n want ed t o t ake t he pl ea bar gai n.
22 I f he does not , t hen I t hi nk t he St at e want ed t o make
23 sur e and make a r ecor d of t he of f er havi ng been made,
24 t r ansmi t t ed and t hen we woul d go f or war d wi t h t he
Page 4
1 t r i al on Wednesday.
2 THE COURT: I s i t one t r i al or t wo t r i al s?
3 MR. LESLI E: One and t hat ' s t he pet t y l ar ceny
4 case whi ch i s I bel i eve - -
5 THE COURT: I have t hat her e.
6 MR. LESLI E: Yeah, i t ' s t he 11- 063341. I
7 bel i eve t her e' s al so an MSC on t hat dat e f or t he 911
8 case whi ch i s RCR12- 06530, but we do have a t r i al i n
9 t he 2011 case.
10 THE COURT: So t hat ot her one i s a gr oss
11 mi sdemeanor ?
12 MR. LESLI E: Ri ght .
13 THE COURT: And t hen how about t he r esi st i ng?
14 MR. LESLI E: That i s set f or t r i al I bel i eve
15 i n Sept ember .
16 THE COURT: Okay.
17 MR. LESLI E: So what happened was we had a
18 pl ea negot i at i on whi ch woul d set t l e al l t hr ee cases.
19 The St at e woul d be pr epar ed t o amend char ges by
20 i nt er l i neat i on t oday and t ake t hat pl ea i f Mr .
21 Coughl i n want s t o do so. I f he does not , t hen I
22 bel i eve t he St at e want s t o make a r ecor d of t he r ecent
23 Supr eme Cour t cases i ndi cat i ng t hat t he of f er has been
24 made, r ej ect ed and t hen we woul d go f or war d wi t h
Page 5
1 t r i al .
2 THE COURT: Okay.
3 Mr . Coughl i n?
4 THE DEFENDANT: Yes, si r , your Honor , i f I
5 coul d j ust make a - -
6 THE COURT: Wel l , you ar e r epr esent ed so
7 bef or e you say anyt hi ng, I woul d advi se you t o t al k t o
8 your counsel .
9 THE DEFENDANT: Yes, si r , your Honor .
10 MR. LESLI E: Your Honor , I ' ve at t empt ed t o do
11 t hat . I t hi nk Mr . Coughl i n, as you may know f r om
12 pr i or hear i ngs, want s t o addr ess t he cour t out si de of
13 hi s counsel . I bel i eve I ' ve caut i oned hi m.
14 THE COURT: Wel l , I under st and but have you
15 t ol d hi mat l east what you' r e goi ng t o say, si r ?
16 THE DEFENDANT: Me, your Honor ?
17 THE COURT: Have you t ol d Mr . Lesl i e what you
18 want t o t el l t he cour t so t hat we can at l east advi se
19 you t hat i t ' s a good or a bad i dea - -
20 THE DEFENDANT: Yes, si r , I have, your Honor
21 on mul t i pl e occasi ons, and he' s cont i nual l y r ef used t o
22 make t he poi nt s t o t he cour t or t o compl y wi t h t he
23 r ul es of pr of essi onal conduct wi t h r egar d t o my
24 r easonabl e r equest .
Page 6
1 THE COURT: Wel l , si r , I ' mt al ki ng about
2 speci f i cal l y what you' r e goi ng t o say r i ght now t o me.
3 THE DEFENDANT: Yes, si r , your Honor .
4 THE COURT: I ' maski ng you t o t el l hi mwhat
5 i t i s you' r e goi ng t o t el l hi m.
6 MR. LESLI E: Per haps i f you can si t and
7 whi sper t hat t o me, I can conf i r mwhet her i t ' s
8 somet hi ng he has t r i ed t o r el ay t o me bef or e.
9 THE COURT: Al l r i ght .
10 Can you do t hat ?
11 MR. LESLI E: Your Honor , he' s t ol d me what he
12 want s t o say. I t ' s - - I don' t t hi nk i t has mer i t so
13 I ' mnot sur e i f I shoul d even ask, but he does want t o
14 make sur e t hat t he 29t h i s set f or t r i al i n t he pet t y
15 l ar ceny case. I ' ve pr ovi ded hi mnot i ce t hat i n f act
16 i t i s.
17 THE COURT: Wel l , I can assur e you i t i s,
18 si r ?
19 THE DEFENDANT: Your Honor , i f I coul d j ust
20 speak t o t hat . I ' ve made mot i ons t o appear as
21 co- counsel - -
22 THE COURT: I ' madvi si ng you t hat at t hi s
23 poi nt , t he cour t woul d r ecommend agai nst i t but go
24 ahead.
Page 7
1 MR. LESLI E: I r ecommend agai nst i t as wel l
2 j ust f or t he r ecor d.
3 THE DEFENDANT: I under st and, Mr . Lesl i e.
4 I ' d l i ke t o pr eser ve f or t he r ecor d my mot i on
5 f or i nef f ect i ve assi st ance of counsel but wi t h r egar d
6 t o t he 29t h day, when we wer e her e on J ul y 16t h, Mr .
7 Bosl er was her e because Mr . Goodni ght f ai l ed t o show
8 up at t hat t i me. Mr . Lesl i e wasn' t even at t ached t o
9 t he case.
10 At t he J ul y 16t h t r i al dat e, you your sel f ,
11 your Honor , sai d t her e' s no need t o have t he wi t nesses
12 her e on t he 28t h i f al l we' r e doi ng i s di sposi ng of
13 pr et r i al mot i ons. To t hat ext ent , t hi s dat e on t he
14 29t h her e i s not a t r i al dat e, i t ' s a dat e t o hear
15 pr et r i al mot i ons r egar dl ess of what somebody mi ght
16 have wr i t t en on t he docket . I ' ve asked Mr . Lesl i e t o
17 secur e t he audi o t o conf i r mwhat I ' mar gui ng t o t he
18 cour t her e t oday.
19 THE COURT: Mr . Coughl i n, I wi l l advi se you
20 t hat I was t he one who set t he mot i ons f or t he dat e of
21 t r i al and t he mot i on woul d be hear d at t he t i me set
22 f or t r i al and t hat was done on August 9t h, 2012.
23 THE DEFENDANT: And I was not at t hat
24 hear i ng, your Honor .
Page 8
1 THE COURT: No. Ther e was no hear i ng. I
2 made a not e i n t he f i l e t o set your mot i ons f or
3 hear i ng on t he dat e of t r i al whi ch i s t he 29t h.
4 THE DEFENDANT: So i f at t he J ul y 16t h
5 hear i ng dat e, you sai d somet hi ng count er t o t hat ,
6 woul d t hat be l aw of t he case or ?
7 MR. LESLI E: Your Honor , I don' t mean t o
8 i nt er j ect but I t hi nk I have a dut y of candor t o t he
9 cour t .
10 THE COURT: I ' msor r y?
11 MR. LESLI E: I t hi nk I have a dut y of condor
12 t o t he cour t and pr event i ng t he cour t f r ombei ng
13 pot ent i al l y mi sl ed. I can advi se t he cour t t hat we
14 have not i ced hi mi n wr i t i ng by l et t er and by e- mai l
15 and ver bal l y - -
16 THE DEFENDANT: I t doesn' t mat t er what J i m
17 Lesl i e says i s happeni ng, i t mat t er s what t he cour t
18 says i s happeni ng.
19 THE COURT: I want t o hear Mr . Lesl i e.
20 MR. LESLI E: That t r i al was set f or t he 29t h.
21 THE DEFENDANT: And t hen he r ef used t o get
22 t he CD of t he 16t h t o ver i f y whet her or not you
23 your sel f sai d we' r e not goi ng t o have a t r i al on t he
24 29t h i f we' r e di sposi ng of pr et r i al mot i ons.
Page 9
1 THE COURT: Si r , I ' mt el l i ng you t hat on t he
2 9t h, I i ndi cat ed t hat t he mot i ons woul d be set f or t he
3 dat e of t r i al .
4 Now, t hat ' s not concl usi ve as t o whet her or
5 not t her e woul d be a t r i al because i f t he mot i ons wer e
6 r ul ed i n your f avor , t her e woul dn' t be a t r i al , but I
7 woul d of f er t he St at e t he oppor t uni t y, i f t hey wi sh,
8 t o have a di f f er ent dat e f or t r i al i n t he event t hat
9 t he mot i ons ar e r ul ed on i n your f avor but I t hi nk
10 we' ve set asi de t he whol e mor ni ng f or your t r i al .
11 MR. LESLI E: And, your Honor , wi t h t hat
12 under st andi ng t hat we ar e set f or t r i al , I t hi nk t he
13 or der of busi ness t oday woul d be t o conf i r mwhet her or
14 not Mr . Coughl i n want s t o t ake t he pendi ng pl ea of f er
15 and i f he does not , t hen he coul d be canvassed by t he
16 cour t t o det er mi ne t hat he' s awar e of i t and i s
17 r ej ect i ng i t and i t ' s an of f er t hat I ' ve sent t o hi m
18 i n an e- mai l and t hat I di scussed wi t h hi ml ast Fr i day
19 on t he 24t h.
20 THE DEFENDANT: And, your Honor , at t hi s
21 t i me, I woul d j ust move t o have Mr . Lesl i e r emoved and
22 t o pr oceed as my own counsel .
23 THE COURT: He i s your own counsel , si r ?
24 THE DEFENDANT: Wel l , I made a mot i on t o
Page 10
1 appear as co- counsel and t o t he ext ent t hat Mr . Lesl i e
2 i s r ef usi ng t o zeal ousl y advocat e on my behal f , he' s
3 not compl yi ng wi t h hi s own dut y of candor . I woul d
4 l i ke t o j ust have hi mr emoved f r ommy r epr esent at i on.
5 He' s r ef used t o get CD' s of r el evant hear i ngs. He' s
6 r ef used t o subpoena r el evant mat er i al . He' s r ef used
7 t o make a number of mat er i al mot i ons.
8 THE COURT: Si r , I bel i eve you r equest ed t he
9 CD' s.
10 MR. LESLI E: I bel i eve we have ever yt hi ng
11 r eady f or t r i al , your Honor .
12 THE DEFENDANT: He di dn' t even know a week
13 ago t hat t her e was a vi deot ape of t he ar r est . He
14 di dn' t even know t hat .
15 MR. LESLI E: Your Honor , I don' t mean t o get
16 i nt o a back and f or t h. I don' t want t o be i n a
17 posi t i on of havi ng t o di sput e my cl i ent i n open cour t .
18 My pr oposal i s I woul d l i ke a r ecor d made - -
19 THE COURT: We wi l l do t hat .
20 MR. LESLI E: I don' t want t o go i nt o t r i al
21 wi t h hi mcl ai mi ng t hat t her e was an of f er t hat was not
22 t r ansmi t t ed t o hi m, and I t hi nk t hat ' s what we woul d
23 be doi ng her e t oday.
24 THE DEFENDANT: Al so, your Honor , t he l ast
Page 11
1 t wo cour t s dat es, I was not not i ced on t hose i n
2 wr i t i ng. Mr . Lesl i e' s st af f admi t s t hey di dn' t mai l
3 t hose l et t er s out . Then Mr . Lesl i e and hi s
4 co- counsel , Br i an Dogan, wr ot e me sayi ng, " Wel l , you
5 di dn' t show up. We saved you f r omgoi ng back t o
6 j ai l . " Then t hey won' t admi t t hat t hey' r e not sendi ng
7 me t he l et t er s not i ci ng me of t he hear i ngs and t hen
8 t hey' r e set t i ng t r i al dat es at t hese hear i ngs.
9 THE COURT: Wel l si r , I don' t know what dat es
10 you' r e t al ki ng about ?
11 THE DEFENDANT: August 6t h and August 22nd,
12 t he hear i ng dat es wher ei n Mr . Lesl i e - - Mr . Young was
13 pr esent at bot h of t hose.
14 THE COURT: Ther e was no hear i ng dat e on
15 August 6t h.
16 THE DEFENDANT: Wel l , t hen t hey' r e t el l i ng me
17 t her e was a hear i ng and t hei r gr eat advocacy saved me
18 f r omgoi ng t o j ai l so t her e was a hear i ng. So t hat
19 even f ur t her compounds - -
20 THE COURT: Wel l , wai t a second, I ' ml ooki ng
21 at t he wr ong year , I apol ogi ze.
22 MR. YOUNG: Your Honor , t he August 6t h dat e
23 was not i n t he l ar ceny case, t hat was i n t he mi suse of
24 911 char ge.
Page 12
1 THE COURT: Wai t , I need t he sheet f or t hi s
2 case.
3 THE DEFENDANT: Last l y, your Honor , I bel i eve
4 t her e' s a conf l i ct i n t hat t he D A i s par t ner ed wi t h
5 an ent i t y I ' msui ng Washoe Legal Ser vi ces i n t he Ear l y
6 Case Resol ut i on Pr ogr amnow. So I t hi nk i t mi ght be
7 appr opr i at e t o r ef er t hi s out t o an al t er nat i ve publ i c
8 pr osecut or .
9 THE COURT: Ther e i s an al t er nat i ve publ i c
10 pr osecut or but - - now, what I have - - t he l ast dat e
11 t hat I have pr i or t o t oday was J ul y 16t h; i s t hat t he
12 dat e you' r e t al ki ng about ?
13 THE DEFENDANT: That ' s - - I was ear l i er , t hat
14 was when Mr . Bosl er showed up. And at t hat t r i al on
15 t hat dat e, you had i ndi cat ed t hat t he St at e and Mr .
16 Bosl er coul d meet i n t he hal l way l at er af t er I was
17 t aken back i nt o cust ody t o set a dat e.
18 THE COURT: Wel l , t hi s i s what I have, si r ,
19 f or J ul y 16t h t hat you wer e pr esent , number one.
20 THE DEFENDANT: Yes, t hat ' s t r ue.
21 THE COURT: And number t wo, t hat Mr . Bosl er
22 i ndi cat ed t hat a new deput y publ i c def ender wi l l be
23 appoi nt ed t o t ake over t he case. The t r i al was set
24 f or August 29t h, 2012, and al l mot i ons shoul d be
Page 13
1 deci ded at t hat dat e.
2 THE DEFENDANT: And t hat ' s not what I bel i eve
3 was r ender ed f r omyou on t he bench on t hat day. I
4 bel i eve you sai d t her e' s no poi nt i n set t i ng a t r i al
5 f or t hat dat e i f t he mot i ons - - t her e' s no poi nt i n
6 havi ng t he wi t nesses show up.
7 THE COURT: You f i l ed t he r equest f or an
8 audi o CD on August 9t h.
9 THE DEFENDANT: Yes, and Mr . Lesl i e has
10 cont i nual l y r ef used t o get t hat C D f or me.
11 THE COURT: No, no. The C D was r equest ed.
12 MR. COUGHLI N: That was by me and I ' m
13 i ndi gent and I coul dn' t pay f or i t . Mr . Lesl i e has
14 r ef used t o gat her i t . I asked hi m, " Wel l , how ar e you
15 sur e t her e' s a t r i al on t he 29t h, " and he st ar t s
16 t al ki ng about my meds or somet hi ng i nst ead of j ust
17 r espondi ng i n some l ogi cal way as t o how he' s sur e
18 t hat i t was a t r i al set f or t he 29t h r at her t han a
19 dat e t o j ust di spose of pr et r i al mot i ons.
20 I f Mr . Lesl i e has so many i ssues about my
21 meds or whet her he t hi nks I ' mmani c or not , t hen
22 per haps he has a dut y of candor t o t he t r i bunal t o
23 i ndi cat e t hat - -
24 THE COURT: Si r , on August 29t h, I r ei t er at ed
Page 14
1 whet her I sai d on t he 16t h t hat t her e was not a t r i al
2 set or not , on t he 9t h, I r ei t er at ed t hat we woul d do
3 t he mot i ons and t he t r i al on t he 29t h.
4 MR. LESLI E: And, your Honor , we' ve not i ced
5 t hemas I ' ve i ndi cat ed.
6 THE COURT: I don' t under st and what t he
7 pr obl emi s wi t h t he t r i al now.
8 MR. LESLI E: I don' t ei t her .
9 THE COURT: I know maybe t hat you' r e
10 concer ned about t he wi t nesses but - -
11 THE DEFENDANT: I n or der t o eval uat e t he
12 set t l ement , i t woul d be ni ce t o know how t he pr et r i al
13 mot i ons ar e goi ng t o be di sposed of . I t ' s been over
14 60 days si nce t he r equest f or submi ssi on on May 7t h
15 f or t hese pr et r i al mot i ons t o be r ul ed upon. So t o
16 r ul e upon - -
17 THE COURT: I can' t even under st and t hese
18 pr et r i al mot i ons, qui t e f r ankl y. I f you want t o l ook
19 at t hi s, t hey' r e uni nt el l i gi bl e.
20 THE WI TNESS: I under st and, si r , and I
21 apol ogi ze, t hey ar e over l y l ong and not wel l cr af t ed
22 or edi t ed at al l and I apol ogi ze f or t hat , your Honor .
23 MR. LESLI E: Your Honor , at some poi nt t oday,
24 what I ' mgoi ng t o want t o do t o di schar ge my dut y i s
Page 15
1 I ' mgoi ng t o want t o f i l e a seal ed copy of t he e- mai l
2 I sent t o hi mcont ai ni ng t he t er ms and condi t i ons of
3 t he St at e' s of f er .
4 The concer n I have i s t hat t he St at e has
5 expl i ci t l y and emphat i cal l y advi sed t hat i f t he pl ea
6 of f er i s not accept ed t oday, i t l apses, i t ' s wi t hdr awn
7 and i t wi l l not be r eof f er ed. So i t ' s hi s choi ce, but
8 I want t o make sur e he under st ands what he' s doi ng.
9 He has a copy of t he e- mai l t hat I ' mt al ki ng about .
10 So I j ust want t o make t hat r ecor d - -
11 THE COURT: That ' s f i ne. We' l l go ahead and
12 make t he r ecor d now but si r , I ' mnot deci di ng a mot i on
13 t oday unl ess you want me t o deny i t because i t ' s
14 uni nt el l i gi bl e.
15 THE DEFENDANT: Mr . Goodni ght f i l ed mot i ons.
16 I di dn' t even under st and t hat t he cour t was goi ng t o
17 consi der my mot i ons and t hat I wasn' t per haps
18 t echni cal l y co- counsel at t hat poi nt but Mr . Goodni ght
19 and Mr . Bosl er bot h f i l ed mot i ons wi t h r espect t o t he
20 pr et r i al suppr essi on mot i on.
21 MR. LESLI E: That wi l l be ar r est ed Wednesday
22 mor ni ng, and I ' mpr epar ed t o go f or war d wi t h t hat on
23 Wednesday i f we don' t set t l e t oday.
24 THE COURT: Those mot i ons do r equi r e
Page 16
1 wi t nesses, si r .
2 THE DEFENDANT: I under st and, your Honor .
3 Wel l , I don' t know t hat t hat was not i ced t o me
4 appr opr i at el y but t o t he ext ent t hat a t r i al wi l l t ake
5 pl ace - -
6 THE COURT: Not i ced t o you appr opr i at el y,
7 si r , t he mot i ons - - we have a mot i on t o cont i nue t r i al
8 dat e, al l r i ght . We have mot i on t o st r i ke a f ugi t i ve
9 document whi ch was f i l ed by t he Di st r i ct At t or ney,
10 r i ght , and t he mot i on t o suppr ess whi ch was or i gi nal l y
11 f i l ed i n t hi s case f r ommy under st andi ng r equi r es a
12 hear i ng. The cour t does not deci de t hat mot i on j ust
13 on t he f ace of t he mot i on, i t r equi r es a hear i ng and
14 i t r equi r es wi t nesses f or t he cour t t o eval uat e t he
15 t est i mony of t hose wi t nesses.
16 So at t hi s t i me, I ' mgoi ng t o al l ow t he St at e
17 t o speak because t hey wi sh t o convey on t he r ecor d
18 t hat an of f er was made and t hen you' l l have t he
19 oppor t uni t y t o r ej ect i t i f you wi sh and go f or war d.
20 MR. YOUNG: Your Honor , as a pr el i mi nar y
21 mat t er , I j ust want t o make sur e t hat al l of our T' s
22 ar e cr ossed and al l of our I ' s ar e dot t ed.
23 J ust a f ew mi nut es ago, I hear d Mr . Coughl i n
24 st at e t hat he want ed t o have Mr . Lesl i e r emoved and
Page 17
1 somet hi ng t o t he ef f ect of r epr esent hi msel f . I woul d
2 r espect f ul l y ask t hat t he cour t canvas t he def endant
3 on whet her or not he want s t o cont i nue wi t h t he publ i c
4 def ender r epr esent i ng hi mwhi ch t hey have r epr esent ed
5 hi mf or t he past bet t er par t of a year or i f he want s
6 t o r epr esent hi msel f at whi ch t i me, a Far et t a canvass
7 needs t o be done. I don' t want down t he r oad a cl ai m
8 t hat one way or t he ot her , t hi s wasn' t addr essed.
9 The ot her t hi ng i n t hat r egar d i s ei t her way,
10 t he St at e i s goi ng t o be r eady t o go f or war d at t r i al
11 t hi s Wednesday i f we don' t r each any sor t of agr eement
12 t oday, t hat ' s ent i r el y Mr . Coughl i n' s cal l i f he want s
13 t o accept t he most r ecent of f er but whet her he goes
14 f or war d wi t h Mr . Lesl i e' s at t or ney or af t er a pr oper
15 Far et t a canvas r epr esent s hi msel f , ei t her way, t he
16 St at e i nt ends on doi ng a t r i al on t he 29t h shoul d
17 t her e not be any pl ea negot i at i ons.
18 MR. LESLI E: And, your Honor , you may r ecal l ,
19 as Mr . Coughl i n al l uded t o, Mr . Goodni ght was
20 pr evi ousl y r epr esent i ng Mr . Coughl i n. I want t he
21 cour t t o under st and t hat i f you r emove me as counsel
22 and I don' t t hi nk t her e' s cause f or i t and I woul d ask
23 t o be hear d i n det ai l on t hat bef or e you deci de i t but
24 i f you do, t her e' s nobody l ef t at t he Publ i c
Page 18
1 Def ender ' s Of f i ce t o handl e Mr . Coughl i n. He has made
2 cl ai ms of t he ver y ki nd t hat he' s maki ng t oday and
3 t hat he' s maki ng agai nst Mr . Goodni ght . He' s made
4 t hemagai nst Mr . Dogan, Mr . Goodni ght , Mr . Hyl i n,
5 mysel f , J enni f er Rei ns who r epr esent s peopl e at t he
6 Ment al Heal t h Cour t , hal f of our st af f .
7 THE COURT: I can t el l i f Mr . Coughl i n wi shes
8 t o t er mi nat e your ser vi ces and r epr esent hi msel f and
9 i f I do a Far et t a canvas and det er mi ne he' s compet ent
10 t o do t hat , he wi l l not have an al t er nat e at t or ney nor
11 wi l l he have an al t er nat e t r i al dat e. We wi l l go
12 f or war d on t he 29t h but Mr . Coughl i n - - wel l , l et me
13 ask Mr . Young have you st at ed al l you need t o st at e
14 about t he of f er ?
15 THE DEFENDANT: Wel l , your Honor , agai n, what
16 t he of f er was was amendi ng t he 11- 063341 whi ch i s t he
17 pet t y l ar ceny, possessi on of st ol en pr oper t y case t o
18 one count of di st ur bi ng t he peace. The of f er was t o
19 amend al so t o di st ur bi ng t he peace 12- 065630 whi ch
20 cur r ent l y char ges a mi suse of t he 911 emer gency syst em
21 when no act ual or per cei ved emer gency exi st s.
22 As par t of t he negot i at i on wi t h pl eas t o
23 t hose t wo amended char ges, t he St at e woul d di smi ss
24 wi t h pr ej udi ce 12- 06798O whi ch i s t he r esi st i ng,
Page 19
1 obst r uct i ng, del ayi ng a publ i c of f i cer char ge. As t o
2 a j oi nt r ecommendat i on f or sent ence, i t woul d be
3 90 days i n j ai l on each of t he t wo cases he' s pl eadi ng
4 gui l t y t o i n t he amended compl ai nt s of di st ur bi ng t he
5 peace, suspended.
6 Condi t i ons, t hat he obt ai n and f ol l ow t hr ough
7 on any sor t of ment al heal t h t r eat ment pr ogr ams
8 out l i ned by hi s t r eat i ng pr ovi der , pr ovi de updat es t o
9 t he cour t ever y 60 days or t her eabout s f or one year
10 and t hat he obey al l l aws wi t h t he except i on of mi nor
11 t r af f i c vi ol at i ons. I bel i eve t hat ' s t he ext ent - -
12 MR. LESLI E: Ther e was one ot her det ai l , i f I
13 coul d cor r ect Mr . Young. The suspended sent ences on
14 t hose t wo di st ur bi ng t he peace woul d be concur r ent t o
15 each ot her .
16 MR. YOUNG: Ri ght , and I made i t ver y cl ear
17 t o Mr . Lesl i e, I obvi ousl y have not spoken wi t h Mr .
18 Coughl i n. I made i t cl ear t o Mr . Lesl i e t hat t hi s
19 of f er expi r es i f he does not ent er hi s pl ea at t hi s
20 hear i ng t oday. So i f we wal k out of cour t wi t hout
21 t hat , t he St at e has ever y i nt ent i on of doi ng t r i al s on
22 al l of hi s char ges and agai n, i t ' s ent i r el y hi s cal l
23 but t hat ' s what t he of f er i s.
24 THE COURT: Wel l , I do have a quest i on
Page 20
1 because t hi s pet t y l ar ceny i s f or t he - - I t hought i t
2 was a cel l phone, but I r ead somet hi ng about a candy
3 bar t oo; i s t hat a separ at e case?
4 MR. LESLI E: That ' s not any of t he cases t hat
5 we' r e t al ki ng about , t hat ' s a separ at e case i n I
6 bel i eve Reno Muni ci pal Cour t . I t hi nk i t ' s al r eady
7 been adj udi cat ed.
8 THE DEFENDANT: And, your Honor , i f I coul d
9 j ust qui ckl y i nt er j ect , t hi s candy bar and t hi s i Phone
10 t hi ng al l happened about a coupl e of weeks af t er t he
11 evi ct i on mat t er st ar t ed. I ' mnot goi ng t o sue
12 anybody. I j ust want t o get on wi t h my l i f e. I f I
13 can get t hese di smi ssed, I won' t sue anybody ci vi l l y
14 but I - - see, I have al l t hese mi sdemeanor s st acki ng
15 up. So i f I pl ead t o a bunch mor e, t hen t he St at e can
16 use t hat - - I ' mt al ki ng about t he St at e Bar can use
17 t hat f or a r at i onal e gi ve me even f ur t her obst acl es
18 f or get t i ng on wi t h my l i f e.
19 So I j ust want t o get l ess mi sdemeanor s,
20 di smi ss t hi ngs. I pr omi se I won' t sue anybody and i f
21 I coul d know t hat t oday t hat t hi s suppr essi on mot i on
22 i s gr ant ed, t hen I coul d r eal l y say t hen I wi l l or
23 wi l l not but t hat ' s ki nd of wher e I ' mat , your Honor .
24 THE COURT: Wel l , t he f i r st quest i on I need
Page 21
1 t o r esol ve, based on what you sai d ear l i er , I cannot
2 t el l t he St at e what t o of f er you, si r . They made an
3 of f er . You can accept or r ej ect t hat .
4 The ot her i ssue i s whet her or not you wi sh t o
5 go f or war d wi t h Mr . Lesl i e r epr esent i ng you because
6 you do have a t r i al on t he 29t h i f you r ej ect t he
7 of f er , and t hat t r i al wi l l t ake pl ace - - t hat i s a
8 mi sdemeanor t r i al so i t wi l l be a t r i al t o t he cour t
9 and your mot i on wi l l be deci ded. I f t he mot i on i s
10 r ul ed on i n your f avor , t hat case i s, i n al l
11 l i kel i hood, over wi t h, and i t doesn' t end t he ot her
12 cases.
13 THE DEFENDANT: Wel l , okay but f or my
14 pur poses, t hi s i s t he wor st case. Under NCR11- 6, t hi s
15 i s a ser i ous of f ense St at e Bar i nvol ves t hef t .
16 THE COURT: Wel l , i f t hey amend i t t o
17 di sor der l y conduct , i t doesn' t const i t ut e what you' r e
18 concer ned about .
19 THE DEFENDANT: That ' s t r ue.
20 MR. LESLI E: Your Honor , I appr eci at e t he
21 di al ogue. I t hi nk t hat t her e' s - -
22 THE DEFENDANT: J i mwant s t o i nt er r upt
23 because i t woul d be hel p me.
24 MR. LESLI E: I j ust want t o caut i on t hat I
Page 22
1 don' t t hi nk t hi s cour t i s i n a posi t i on, nor amI i n a
2 posi t i on, t o gi ve hi many advi ce about whet her one
3 char ge or anot her i s goi ng t o have a cer t ai n i mpact
4 one way or anot her wi t h hi s Supr eme Cour t pr oceedi ngs
5 of suspensi on. But we do have an of f er on t he t abl e,
6 and I bel i eve he' s been t ol d what i t i s.
7 THE COURT: J ust f or t he St at e, i s t her e any
8 way you can do i t cont i ngent upon get t i ng some r ul i ng
9 f r omt he St at e Bar ?
10 MR. YOUNG: No, t hat ' snot my pur vi ew, your
11 Honor . At t hi s t i me, your Honor , r espect f ul l y I woul d
12 ask t o see i f he want s t o r epr esent hi msel f or go
13 f or war d wi t h counsel , see i f he want s t o t ake t he deal
14 and l et ' s move on.
15 THE DEFENDANT: And, your Honor , I bel i eve
16 you ar e cor r ect you can' t t el l t he St at e what t o
17 char ge me wi t h but you can r ul e on a mot i on t o
18 di smi ss. You can r ul e on a mot i on t o suppr ess. Ther e
19 mi ght be some - -
20 THE COURT: I ' mnot r ul i ng on i t t oday
21 t hough, si r .
22 THE DEFENDANT: Yes, si r .
23 THE COURT: Okay.
24 You' ve hear d t he of f er . The St at e i s
Page 23
1 unwi l l i ng t o make i t condi t i oned on t he St at e Bar
2 r ul i ng on t he i mpact of a pl ea so - - and I pr esume
3 you' ve had t hat oppor t uni t y t o communi cat e wi t h t hem?
4 THE DEFENDANT: Yes.
5 THE COURT: So at t hi s poi nt , t he onl y
6 r emai ni ng quest i on i s whet her or not you wi sh t o have
7 Mr . Lesl i e r epr esent you at t he t r i al ?
9 f ur t her on t he Ment al Heal t h Cour t deal , I asked t he
10 publ i c def ender t o enf or ce t hat agr eement . The Ment al
11 Heal t h Cour t backed out of i t .
12 Af t er t he Of f er and Agr eement was ent er ed
13 i nt o, t hey sai d, " Oh, you can' t t ake t hat medi cat i on. "
14 I sai d, " That wasn' t pr ovi ded i n t he cont r act and t he
15 mat er i al s t hat you pr ovi ded me pr i or t o Of f er and
16 Accept ance, " and t he publ i c def ender r ef used t o f i l e a
17 mot i on f or r econsi der at i on or ot her wi se enf or ce t hat
18 agr eement .
19 MR. LESLI E: That woul d be hi s cl ai magai nst
20 Ms. Rei ns.
21 THE COURT: Si r , I do not have j ur i sdi ct i on
22 over t he Ment al Heal t h Cour t . I f t hey made a
23 det er mi nat i on t hat you wer e i nel i gi bl e whi ch i s
24 because of your act i on - -
Page 24
1 THE DEFENDANT: I don' t t hi nk t hey sai d
2 i nel i gi bl e. They sai d, " Yes, we accept you, " and t hen
3 when I got t her e, I sai d, " But t hi s i s what t he
4 cont r act sai d, " and t hey sai d, " Wel l , t hen you' r e out
5 because we make i t up as we go al ong. "
6 THE COURT: Wel l , t hat ' s not qui t e what I
7 r ead but i n any event , t hat ' s not even my case, t hat
8 case I happen t o be her e because I was t he pl ea j udge
9 but t hat ' s a Depar t ment 5 case.
10 THE DEFENDANT: Wel l , t hi s case was
11 t r ansf er r ed as wel l t hough, your Honor .
12 THE COURT: I under st and because basi cal l y we
13 wer e t r yi ng t o get you out f r omunder t he cr i mi nal
14 pr osecut i on, and I t hi nk t he St at e obj ect ed at t hat
15 t i me. As I r ecal l , Mr . Young ar gued agai nst i t and I
16 went al ong wi t h i t despi t e t hat ar gument because I
17 t hought i t was a r esol ut i on t hat woul d be benef i ci al
18 t o you but i t di dn' t wor k out so now we' r e back her e.
19 THE DEFENDANT: Your Honor , woul d i t be
20 possi bl e, bef or e deci di ng whet her t o accept t hi s, t o
21 get an i ndi cat i on t oday on t he mot i on t o suppr ess. I f
22 you can say " Yea" or " Nay, " i t woul d hel p me deci de
23 t hi s.
24 THE COURT: I can' t do t hat .
Page 25
1 THE DEFENDANT: You can' t do t hat because
2 wi t nesses need t o be pr esent f or t hat mot i on t o
3 suppr ess?
4 THE COURT: For t he mot i on t o suppr ess, I
5 need t o hear wi t nesses especi al l y on t hi s case. The
6 St at e wi l l need t o pr esent i t s wi t nesses who wi l l be
7 cr oss- exami ned by your at t or ney and t hat ' s how we do
8 i t . We' l l need t o hear f r omOf f i cer Dur al de. I wi l l
9 hear t hat t est i mony and i f you wi sh t o pr esent any
10 t est i mony t hr ough your counsel , you may do so.
11 Nor mal l y, peopl e do not t est i f y or def endant s
12 don' t t est i f y at t he mot i on t o suppr ess, but t he cour t
13 does need t o hear t he wi t ness i n t hi s case bef or e I
14 can make t hat det er mi nat i on.
15 MR. LESLI E: Your Honor , j ust t o cl ar i f y
16 because I see t he pot ent i al f or i nt er pr et i ve i ssues,
17 t he def endant can, i f he wi shes, t est i f y at hi s own
18 suppr essi on hear i ng.
19 THE COURT: Wel l , I di dn' t say he coul dn' t .
20 MR. LESLI E: Okay, I j ust want ed t o ampl i f y
21 your comment s j ust t o make t hi ngs per f ect l y cl ear . I
22 appr eci at e bei ng hear d.
23 THE COURT: Okay.
24 So t o answer your quest i on, I cannot r ul e on
Page 26
1 t hat t oday and so t hat and I ' m- - I mean, I r ul ed - -
2 i f you need a mi nut e t o t al k t o counsel or somet hi ng,
3 I ' mper f ect l y wi l l i ng t o cont i nue and do anot her pl ea
4 i n t he meant i me but so f ar as your r epr esent at i on, I
5 need t o know t hat .
6 Do you wi sh t o pr oceed wi t h Mr . Lesl i e, i f i t
7 goes t o t r i al ? I f you don' t accept t he pl ea agr eement
8 and i f i t goes t o t r i al on Wednesday, do you wi sh t o
9 be r epr esent ed?
10 THE DEFENDANT: Wel l , your Honor I woul d l i ke
11 t o t ake advant age of t he 6t h Amendment Ri ght . I j ust
12 t hi nk Mr . Lesl i e has cl ear l y est abl i shed t hat he has
13 no i nt er est i n pr ovi di ng me zeal ous advocacy.
14 THE COURT: Wel l , I t end t o di sagr ee wi t h
15 you, si r . Fr omhavi ng wor ked wi t h you f or qui t e
16 somet i me now, I t hi nk you ar e a di f f i cul t per son t o
17 r epr esent . I t hi nk t hat my exper i ence wi t h Mr . Lesl i e
18 i s t hat he' s a ver y zeal ous advocat e and t hat ' s why he
19 hol ds t he posi t i on he does. He' s Chi ef Deput y over
20 t her e.
21 So i f you want t o avai l your sel f of hi s
22 ser vi ces, you may do so. I f you do not wi sh t o, I
23 wi l l need t o conduct a Far et t a canvass t o det er mi ne
24 whet her or not you' r e compet ent t o r epr esent your sel f
Page 27
1 but I ' mnot goi ng t o appoi nt anot her at t or ney.
2 THE DEFENDANT: Okay, your Honor , t hen I
3 woul d move t o have Mr . Lesl i e r emoved.
4 MR. LESLI E: Woul d t hat be wi t h t he
5 under st andi ng t hat he' l l be r epr esent i ng hi msel f
6 because our of f i ce woul d be of f t he case?
7 THE COURT: He wi l l be because he' s not goi ng
8 t o have anot her - - but I have t o conduct a Far et t a
9 canvas. So I ' mgoi ng t o t ake a br i ef r ecess and come
10 back and we wi l l do t hat , si r .
11 ( A r ecess was t aken. )
13 MR. LESLI E: Your Honor , I was abl e t o speak
14 br i ef l y wi t h Mr . Coughl i n dur i ng t he br eak.
16 i nt er j ect . Whi l e Mr . Lesl i e i s st i l l my counsel her e,
17 I ' d l i ke t o accept t hi s of f er .
18 MR. LESLI E: I was goi ng t o say t hat he had
19 comment ed t hat I was st i l l hi s l awyer . So I was goi ng
20 t o t r y t o al er t t he cour t t hat he may not need a
21 Far et t a canvas but at any r at e - -
22 THE COURT: Wel l , i t sounds l i ke based on
23 what ' s been r epr esent ed, do we want t o pr oceed wi t h
24 t he i nt er l i neat i on?
Page 28
1 MR. YOUNG: So l ong as t he r ecor d i s cl ear
2 t hat t he def endant i s el ect i ng t o have Mr . Lesl i e - -
3 have appoi nt ed counsel ver sus r epr esent i ng hi msel f .
4 I ' l l need a coupl e of mi nut es t o amend t he compl ai nt s.
5 THE COURT: Wel l , I t hi nk i t ' s pr et t y cl ear .
6 MR. YOUNG: I do t oo, your Honor . I j ust
7 want t he r ecor d cl ear .
8 THE COURT: Wel l , I ' mgoi ng t o f i nd t hat
9 based on t he st at ement made by Mr . Coughl i n, t hat he
10 does wi sh Mr . Lesl i e t o r epr esent hi mand he does wi sh
11 t o accept t he pl ea.
12 THE DEFENDANT: And your Honor , i f I coul d
13 j ust qui ckl y i nt er j ect t hough, I wi l l accept t hi s pl ea
14 t o t he ext ent t he pr evi ous pl ea t hat I ' ve accept ed i s
15 not r ecogni zed. The pr evi ous pl ea had j ust a f ew
16 sl i ght devi at i ons. I bel i eve i t was a shor t er
17 r epor t i ng t i me. I bel i eve i t ' s at si x mont hs and
18 t her e was a f ew - -
19 MR. LESLI E: Your Honor , i f I may i nt er j ect ,
20 I ' d j ust l i ke t o say t hat I f eel uncomf or t abl e t o t he
21 ext ent t hat we' r e - - pot ent i al l y, t hese pr oceedi ngs
22 coul d be vi ewed as negot i at i ng t he case i n open cour t .
23 I t hi nk t hat t he pur pose - -
24 THE COURT: We ar e not negot i at i ng t he case.
Page 29
1 So I wi l l al l ow you t o conduct t hi s out si de t he
2 pr esence of t he cour t .
3 Obvi ousl y, based on what ' s been sai d, I
4 bel i eve t hat Mr . Coughl i n i s accept i ng t he pl ea but i f
5 he doesn' t , he doesn' t , but I do need t o gi ve counsel
6 an oppor t uni t y t o pr epar e t he document s and t hen
7 you' l l have a chance t o r evi ew t hemwi t h Mr . Lesl i e
8 and come back i n, al l r i ght ?
9 THE DEFENDANT: Al l r i ght , yes, si r .
10 MR. LESLI E: So come back i n about ?
11 THE COURT: However l ong i t t akes you, I ' l l
12 be her e.
13 MR. YOUNG: I t mi ght t ake me t hr ee mi nut es t o
14 f i l e t hi s.
15 MR. LESLI E: So we' l l be back i n
16 f i ve mi nut es, j udge.
17 THE COURT: That ' s f i ne.
18 ( A r ecess was t aken. )
19 THE COURT: Pl ease be seat ed.
20 Dur i ng t he r ecess, i t ' s my under st andi ng t hat
21 we have amended t he cr i mi nal compl ai nt s, and I do have
22 t wo amended cr i mi nal compl ai nt s.
23 Mr . Lesl i e, has Mr . Coughl i n r ecei ved copi es
24 of t hose?
Page 30
1 MR. LESLI E: Yes, your Honor . I was pr ovi ded
2 copi es of each of t hose by t he St at e and I made a copy
3 of each of t hemand pr ovi ded t hemt o Mr . Coughl i n, and
4 he' s had an oppor t uni t y t o r evi ew t hem. I bel i eve hi s
5 name i s cor r ect l y spel l ed at l i ne seven of each of
6 t hose i nt er l i neat ed compl ai nt s. We' r e f ami l i ar wi t h
7 t he cont ent s and wai ve f or mal r eadi ng. I bel i eve, at
8 Mr . Coughl i n' s r equest , we' r e pr epar ed t o go f or war d
9 wi t h t he pl ea as i ndi cat ed bef or e.
10 THE COURT: Mr . Coughl i n, i s t hat t r ue?
11 THE DEFENDANT: Wel l , your Honor , I woul d
12 l i ke t o agr ee t o t he pl ea t hat was put f or war d ear l i er
13 t o Mr . Goodni ght t o t he ext ent t hat i t ' s l ess
14 bur densome t han t hi s pl ea and f ur t her , j ust t o
15 pr eser ve f or t he r ecor d how undul y coer ci ve t he nat ur e
16 of t hi s pr oceedi ng has been t o t he ext ent t hat Mr .
17 Lesl i e has r ef used t o r epr esent me i n any capaci t y and
18 t hat Mr . Young i s cont i nui ng t o pr osecut e wher e he
19 l acks pr obabl e cause and wher e he has a conf l i ct wi t h
20 t he E C R pr ogr am.
21 THE COURT: Wel l , si r , t he onl y pl ea t hat I
22 have bef or e me i s a pl ea agr eement t hat has been
23 of f er ed by Mr . Young. I wi l l ask hi mt o r eci t e i t
24 agai n bef or e you ent er a pl ea. You' r e not bei ng
Page 31
1 coer ced at al l . I t wi l l have t o be a vol unt ar y pl ea
2 and i f i t ' s not , I wi l l not accept i t .
3 So Mr . Young, woul d you st at e what t he pl ea
4 agr eement i s?
5 MR. YOUNG: Your Honor , i t ' s my under st andi ng
6 and what has been of f er ed t o Mr . Coughl i n i s t hat
7 he' l l ent er a pl ea i n 11- 063341 under t he second
8 amended cr i mi nal compl ai nt t o Count I , di st ur bi ng t he
9 peace. He wi l l l i kewi se ent er a pl ea i n 12- 065630 i n
10 t he amended compl ai nt l i kewi se char gi ng di st ur bi ng t he
11 peace.
12 At t he concl usi on of hi s sent ence, t he St at e
13 wi l l di smi ss CR12- 067980 whi ch i s t he r esi st i ng a
14 publ i c of f i cer . The j oi nt r ecommended sent ence i s
15 90 days i n t he Washoe Count y j ai l on bot h cases. That
16 sent ence suspended wi t h condi t i ons t hat Mr . Coughl i n
17 obey al l l aws except f or mi nor t r af f i c vi ol at i ons,
18 t hat he compl y wi t h al l counsel i ng r equi r ement s and
19 t ake pr escr i pt i on meds as r equi r ed or as pr escr i bed by
20 hi s ment al heal t h t r eat ment pr ovi der , whoever t hat may
21 be, and t hat he pr ovi ded updat es or t he counsel or
22 pr ovi de updat es one way or t he ot her ever y 60 days t o
23 t he cour t . Fi nal l y, t hat bot h t he suspended sent ence
24 and al l condi t i ons ar e concur r ent .
Page 32
1 THE COURT: Mr . Coughl i n, do you under st and
2 t hat ?
3 THE DEFENDANT: I t seems as t hough he' s
4 put t i ng f or t h a set t l ement or a pl ea agr eement t hat
5 was di f f er ent f r omt he one t hat was ear l i er put f or t h
6 wi t h Mr . Goodni ght .
7 THE COURT: Wel l , I don' t know what was put
8 f or t h ear l i er . Al l I know i s what ' s her e bef or e me
9 t oday whi ch does not i nvol ve any f i ne and doesn' t
10 r eal l y i nvol ve any j ai l t i me unl ess you vi ol at e t he
11 condi t i on and t he condi t i on i s t hat you get ment al
12 heal t h counsel i ng and f ol l ow t he r ecommendat i ons of
13 t he ment al heal t h pr ovi der whi ch you wi l l submi t t o
14 t he cour t . You can do i t conf i dent i al l y.
15 THE DEFENDANT: I t ' s not a case, your Honor ,
16 i f I get ar r est ed f or j aywal ki ng agai n or I get
17 ar r est ed f or di st ur bi ng t he peace.
18 THE COURT: I di dn' t hear t hat .
19 THE DEFENDANT: Wel l , he sai d, " Obey al l
20 l aws. "
21 THE COURT: Oh yeah, t hat i s t r ue.
22 THE DEFENDANT: I ' ve been ar r est ed t en t i mes
23 t hi s year , your Honor , most l y al l i n connect i on wi t h
24 l andl or d/ t enant mat t er s wher e pr ocess ser ver s ar e
Page 33
1 commi t t i ng unaut hor i zed pr act i ce of l aw or I ' mf or ced
2 t o deposi t $2, 300 i nt o a r ent escr ow account i n
3 vi ol at i on of cour t r ul es or wher e Ri char d Hi l l has me
4 ar r est ed f or j aywal ki ng or cr i mi nal t r espassi ng.
5 THE COURT: I don' t bel i eve you wer e ar r est ed
6 f or not deposi t i ng $2, 300.
7 THE DEFENDANT: No. I di dn' t say I was
8 ar r est ed f or t hat , your Honor .
9 THE COURT: Oh wel l , you sai d - -
10 THE DEFENDANT: Wel l , t hese ar r est s ar e
11 occur r i ng i n t he cont ext of my bei ng f or ced t o deposi t
12 $2, 300, even t hough t he cour t r ul es pr ohi bi t t hat i n
13 st at e l aw.
14 THE COURT: Wel l , I guess t he quest i on i s
15 t hi s, si r : You do have some cont r ol over your
16 act i ons. I don' t t hi nk t hese t hi ngs ar e spont aneousl y
17 happeni ng or t hat t her e' s some mast er pl an t o ar r est
18 you. So mi nor t r af f i c vi ol at i ons ar e not goi ng t o
19 count agai nst you.
20 Fur t her mor e, i f i t i s somet hi ng whi ch you get
21 ar r est ed f or whi ch i s f r i vol ous or wi t hout mer i t ,
22 you' l l st i l l have t he r i ght t o come back t o me and
23 ar gue t hat at t hat poi nt i n t i me. I can' t t el l you
24 ahead of t i me what woul d happen. Al l I can t el l you
Page 34
1 i s t hat based on my i nt er act i on wi t h you over t he
2 cour se of t he l ast year or so, t her e has been some
3 pr obl ems t hat you have exper i enced. Some of t hemof
4 your own maki ng, some of t hempr obabl y not but t he
5 bot t oml i ne i s t hat you wi l l have cont r ol over what
6 you do when you wal k out of t hi s cour t r oomand you
7 wi l l di spose of t he f el ony case I bel i eve i t i s.
8 THE DEFENDANT: But t hat ' s al r eady been
9 di sposed of , your Honor . The gr oss mi sdemeanor has
10 al r eady been amended t o a si mpl e mi sdemeanor .
12 THE DEFENDANT: I do f i nd i t ' s coer ci ve and
13 - -
14 MR. LESLI E: Wel l , you pr obabl y shoul dn' t
15 t ake t he pl ea t hen.
16 MR. YOUNG: Your Honor , i f he f i nds i t ' s
17 coer ci ve, t hen we pr obabl y shoul dn' t t ake t he pl ea.
18 THE COURT: I under st and t hat .
19 So I amgoi ng t o canvas you one mor e t i me
20 bef or e I accept your pl ea.
21 MR. LESLI E: Wel l , your Honor , i f he' s sayi ng
22 t hat he' s bei ng coer ced and he doesn' t want t o t ake
23 t he pl ea, I can' t j ust si t her e, t o quot e t he guy f r om
24 t he ' 80' s " as a pot t ed pl ant , " and l et Mr . Coughl i n
Page 35
1 t ake t he pl ea t hat he t hi nks he' s bei ng coer ced i nt o
2 t aki ng.
3 THE COURT: Wel l , I do need t o under st and
4 what coer ci on i s.
5 MR. LESLI E: But I ' l l def er t o t he cour t .
6 THE COURT: Si r , you sai d you' r e bei ng
7 coer ced.
8 THE DEFENDANT: Wel l , Mr . Lesl i e i s cl ear l y
9 not any f an of t he 6t h amendment . Mr . Young cont i nues
10 t o vi ol at e - -
11 THE COURT: Wel l , l et ' s say Mr . Lesl i e wasn' t
12 even her e t oday whi ch i s what you want ed - -
13 THE DEFENDANT: Or t o have a compet ent
14 counsel , not t o say Mr . Lesl i e i sn' t a ver y cr af t y
15 l i t i gat or , he i s. He' s j ust not cr af t y on my behal f
16 but t o have a 6t h Amendment cour t appoi nt ed compet ent
17 counsel t o - -
18 THE COURT: So f ar as t he cour t i s concer ned,
19 you do. So you t he quest i on i s i s someone coer ci ng
20 you t o accept t hi s pl ea?
21 THE DEFENDANT: Wel l , I ' mi n t he syst em. I ' m
22 not af f or ded compet ent counsel zeal ousl y advocat i ng
23 on my behal f . The pr osecut i on cont i nues t o br i ng
24 cases t hat l ack pr obabl e cause i n vi ol at i on of t he
Page 36
1 Codes of Pr of essi onal Conduct . So - -
2 THE COURT: Wel l - -
3 MR. LESLI E: I r ecommend we pr oceed t o t r i al ,
4 your Honor .
5 MR. YOUNG: I do t oo, your Honor . He' s made
6 i t r eal cl ear he' s not comf or t abl e pl eadi ng gui l t y.
7 He needs t o i nt el l i gent l y and vol unt ar i l y wai ve hi s
8 r i ght s.
9 THE DEFENDANT: No, I di dn' t say t hat .
10 MR. YOUNG: Excuse me, si r . He' s r epeat edl y
11 sai d he f eel s coer ced. I suggest t hat we set - - we' r e
12 al r eady set f or t r i al . Let ' s pr oceed t o t r i al . Thi s
13 i s get t i ng r i di cul ous.
14 THE DEFENDANT: I sai d I accept ed t he
15 set t l ement . Now, whet her i t ' s subj ect t o at t ack due
16 t o t hese t wo gent l emen' s mi sconduct , t hat ' s up f or
17 debat e l at er but t hat ' s t hei r pr obl em.
18 THE COURT: Wel l , I ' mgoi ng t o canvas you,
19 si r , r egar dl ess of what counsel i ndi cat ed. Woul d you
20 pl ease st and?
21 THE DEFENDANT: Yes, si r .
22 THE COURT: And you have pr evi ousl y been
23 advi sed your r i ght s, have you not ?
24 THE DEFENDANT: I bel i eve so, si r , i f you' r e
Page 37
1 t al ki ng about t he 6t h Amendment r i ght t o counsel , 5t h
2 Amendment - -
3 THE COURT: Al l of your r i ght s i ncl udi ng your
4 r i ght t o pl ead not gui l t y, your r i ght t o a t r i al i n
5 t hi s case?
6 THE DEFENDANT: I don' t know i f I have, si r .
7 I don' t mean t o ask t he cour t t o go t hr ough a l ong - -
8 THE COURT: Wel l , t hen I wi l l advi se you of
9 your r i ght s.
10 Si r , by ent er i ng a pl ea t oday, you wi l l be
11 gi vi ng up your r i ght t o a speedy t r i al , t he r i ght t o
12 r equi r e t he St at e t o pr ove t he char ges agai nst you
13 beyond a r easonabl e doubt , t he r i ght t o conf r ont and
14 quest i on al l of t he wi t nesses agai nst you. The r i ght
15 t o subpoena wi t nesses on your behal f and t o compel
16 t hei r at t endance and t he r i ght t o r emai n si l ent and
17 t hat you cannot be compel l ed t o t est i f y i f t her e wer e
18 a t r i al .
19 Do you under st and you woul d be gi vi ng up of
20 t hose r i ght s?
21 THE DEFENDANT: Wel l , your Honor , I had
22 al r eady asked Mr . Lesl i e t o subpoena wi t nesses f or me
23 t hr oughout t hi s, and he' s r ef used t o. So i t seems as
24 t hough I never had t hat r i ght i n t he f i r st pl ace.
Page 38
1 THE COURT: I di dn' t hear what you sai d, si r .
2 You' ve al r eady asked what ?
3 THE DEFENDANT: I asked t he publ i c def ender ,
4 Mr . Lesl i e, t o subpoena wi t nesses f or me t hr oughout
5 t hi s, and t hey' ve cont i nual l y r ef used t o do t hat .
6 THE COURT: What do you mean - -
7 MR. LESLI E: Your Honor , i t ' s pat ent l y not
8 t r ue.
9 THE DEFENDANT: Ther e' s a paper t r ai l f or
10 days, J i m.
11 MR. LESLI E: Thi s i s your canvas cour t .
12 THE COURT: Okay. Whi ch wi t ness i s i t t hat
13 you asked t o be subpoenaed?
14 MR. LESLI E: Your Honor , i f we' r e goi ng t o go
15 i nt o hi s cl ai mt hat we' ve been i nef f ect i ve and we' ve
16 r ef used t o pr ovi de hi m6t h Amendment r epr esent at i on, I
17 t hi nk we need a cl osed hear i ng. The at t or ney/ cl i ent
18 pr i vi l ege wi l l be wai ved and we wi l l r espond.
20 Then I amgoi ng t o r ef use t o accept t he pl ea
21 at t hi s t i me based upon your r epr esent at i on t hat t her e
22 i s not a f r ee and vol unt ar i l y pl ea; i s t hat cor r ect ?
23 THE DEFENDANT: No, si r , your Honor . I
24 bel i eve I di d accept t he agr eement . I j ust st at ed
Page 39
1 some t hi ngs t hat ar e goi ng t o be pr obl emat i c f or t hem.
2 THE COURT: Si r , ar e you f r eel y and
3 vol unt ar i l y ent er i ng your pl ea? And I woul d ask you
4 t o pl ease st and agai n.
5 THE DEFENDANT: I ' mf r eel y and vol unt ar i l y
6 ent er i ng t hi s pl ea i n t he cont ext of t hi s ext r emel y
7 coer ci ve set t i ng.
8 THE COURT: Today i s a coer ci ve set t i ng, si r ?
9 THE DEFENDANT: Not hi ng t o do wi t h you, your
10 Honor , or t hi s set t i ng. I ' mj ust t al ki ng about t hi s
11 pr ocess as i t r el at es t o t he publ i c def ender and t he
12 pr osecut or .
13 THE COURT: Wel l , si nce t her e i s a quest i on
14 as t o whet her or not i t ' s f r ee and vol unt ar i l y, I wi l l
15 not accept your pl ea t hen and we wi l l pr oceed t o
16 t r i al .
17 THE DEFENDANT: And I wi l l say i t i s f r eel y
18 and vol unt ar y. Thank you, si r .
19 MR. YOUNG: Your Honor , i f I may at t hi s t i me
20 because I ' ve now f i l ed i n a second amended compl ai nt
21 and amended compl ai nt r espect i vel y, I woul d move f or
22 l eave of cour t t o f i l e a t hi r d amended compl ai nt i n
23 11- 63341 and a second amended compl ai nt i n 12- 65630
24 whi ch woul d i ni t i at e t he or i gi nal char ges.
Page 40
1 THE COURT: I woul d al l ow si mpl y t o st r i ke
2 t he ones t hat have been f i l ed.
3 THE DEFENDANT: Thank you. Then I woul d move
4 f or a cont i nuance t o r espond t o t hi s.
5 THE COURT: Wai t a mi nut e.
6 Mr . Coughl i n, you j ust sai d a mi nut e ago t hat
7 i t was f r ee and vol unt ar y.
8 THE DEFENDANT: But you' r e not appar ent l y
9 accept i ng i t so now I have t o deal wi t h t hat r eal i t y.
10 THE COURT: I di dn' t say t hat . You have t ol d
11 me up unt i l now i t was not f r ee and vol unt ar y; i s i t
12 f r ee and vol unt ar y?
13 THE DEFENDANT: I sai d somet hi ng ver y
14 speci f i c a moment ago. I sai d t hat I ' mf r eel y and
15 vol unt ar i l y ent er i ng t hi s pl ea i n t hi s undul y coer ci ve
16 set t i ng consi st i ng of Mr . Lesl i e - -
17 MR. LESLI E: Your Honor , you can' t t ake hi s
18 pl ea i f he says i t t hat way. Ar e we excused?
19 THE DEFENDANT: Who' s advocat i ng on whose
20 behal f , J i mLesl i e' s behal f .
21 THE COURT: Then t he mot i on t o st r i ke - -
22 wel l , do you have any ar gument agai nst t he mot i on t o
23 st r i ke?
24 MR. YOUNG: Al t er nat i vel y, I woul d move t o
Page 41
1 st r i ke.
2 MS. LESLI E: No, your Honor because t hose
3 amendment s wer e made pur suant t o negot i at i ons t hat
4 f ai l ed. Mr . Coughl i n i s r epr esent ed by counsel . I ' ve
5 spoken f or hi m.
6 THE COURT: The mot i on i s gr ant ed.
7 MR. YOUNG: Thank you, your Honor .
8 MR. LESLI E: Your Honor , we' r e pr ecedi ng wi t h
9 t he publ i c def ender , r epr esent i ng hi mon Wednesday
10 mor ni ng at 9: 00 A M?
11 THE COURT: We ar e.
12 MR. LESLI E: Ver y good.
13 THE DEFENDANT: And I ' d j ust l i ke t o pr eser ve
14 f or t he r ecor d my obj ect i on t o Mr . Lesl i e' s - -
15 MR. LESLI E: AmI excused, your Honor ?
16 THE COURT: Yes.
17 MR. LESLI E: Thank you.
18 ( Wher eupon t he pr oceedi ngs wer e concl uded. )
19
20
21
22
23
24
Page 42
1 STATE OF NEVADA )
2 ) Ss.
3 COUNTY OF WASHOE )
4
5
6 I , GAI L R. WI LLSEY, a not ar y publ i c i n and
7 f or t he Count y of Washoe, St at e of Nevada, do her eby
8 cer t i f y:
9 That I was pr ovi ded a J AVS CD and t hat sai d
10 CD was t r anscr i bed by me, a Cer t i f i ed Shor t hand
11 Repor t er , i n t he mat t er ent i t l ed her ei n;
12 That sai d t r anscr i pt whi ch appear s
13 her ei nbef or e was t aken i n st enot ype not es by me f r om
14 t he CD and t her eaf t er t r anscr i bed i nt o t ypewr i t i ng as
15 her ei n appear s t o t he best of my knowl edge, ski l l and
16 abi l i t y and i s a t r ue r ecor d t her eof .
17
18
19
20 _________________________
21 GAI L R. WI LLSEY, CSR #359
22
23
24
Page 43
A
ability 42:16
able 27:13
accept 17:13
21:324:2,20
26:727:17
28:11,1331:2
34:2035:20
38:20,2439:15
Acceptance
23:16
accepted 15:6
28:1436:14
accepting 29:4
40:9
account 33:2
action 23:24
actions 33:16
activity 3:18
actual 18:21
address 5:12
addressed 17:8
adjudicated
20:7
admit 11:6
admits 11:2
advantage
26:11
advice 22:2
advise 5:7,18
7:198:1337:8
advised 15:5
36:23
advising 6:22
advocacy 11:17
26:13
advocate 10:2
26:18
advocating
35:2240:19
afforded 35:22
ago 10:1316:23
40:6,14
agree 30:12
agreement
17:1123:10,12
23:1826:7
30:2231:4
32:438:24
ahead 6:24
15:1133:24
alert 27:20
allow16:1629:1
40:1
alluded 17:19
alternate 18:10
18:11
alternative 12:7
12:9
Alternatively
40:24
amend 4:19
18:1921:16
28:4
amended 18:23
19:429:21,22
31:8,1034:10
39:20,21,22,23
amending 18:16
amendment
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37:1,238:16
amendments
41:3
amplify 25:20
answer 25:24
anybody 20:12
20:13,20
apologize 11:21
14:21,22
apparently 40:8
appear 6:20
10:1
appears 42:12
42:15
appoint 27:1
appointed 12:23
28:335:16
appreciate
21:2025:22
appropriate
12:7
appropriately
16:4,6
argue 33:23
argued 24:15
arguing 7:17
argument 24:16
40:22
arrest 10:13
33:17
arrested 15:21
32:16,17,22
33:4,5,8,21
arrests 33:10
aside 9:10
asked 7:16
13:1423:9
37:2238:2,3
38:13
asking 6:4
assistance 7:5
assure 6:17
attached 7:8
attack 36:15
attempted 5:10
attendance
37:16
attorney 16:9
17:1418:10
25:727:1
attorney/client
38:17
audio 7:1713:8
August 1:183:2
7:2211:11,11
11:15,2212:24
13:8,24
avail 26:21
aware 9:16
A.M3:2
B
back 10:1611:5
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27:1029:8,10
29:1533:22
backed 23:11
bad 5:19
bar 20:3,9,16
21:1522:9
23:1
bargain 3:21
based 21:1
27:2228:9
29:334:1
38:21
basically 24:12
behalf 10:2
35:15,2337:15
40:20,20
believe 4:4,7,14
4:225:1310:8
10:1012:3
13:2,419:11
20:622:6,15
28:16,1729:4
30:4,733:5
34:736:24
38:24
bench 13:3
beneficial 24:17
best 42:15
better 17:5
beyond 37:13
Bosler 7:712:14
12:16,2115:19
bottom34:5
break 27:14
Brian 11:4
brief 27:9
briefly 27:14
bring 35:23
bunch 20:15
burdensome
30:14
business 9:13
C
C2:613:10,11
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CA1:23
call 17:1219:22
candor 8:810:3
13:22
candy 20:2,9
canvas 17:2,15
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34:1936:18
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capacity 30:17
case 1:103:10
3:11,13,214:4
4:8,96:157:9
8:611:2312:2
12:6,2316:11
18:1720:3,5
21:10,1424:7
24:8,9,1025:5
25:1327:6
28:22,2432:15
34:737:5
cases 3:8,84:18
4:2319:320:4
21:1231:15
35:24
cause 17:22
30:1935:24
caution 21:24
cautioned 5:13
CD8:2213:8
42:9,10,14
CD's 10:5,9
cell 20:2
certain 22:3
Certified 42:10
certify 42:8
chance 29:7
charge 11:24
19:122:3,17
charges 4:19
18:20,2319:22
37:1239:24
charging 31:10
Chief 26:19
choice 15:7
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civilly 20:13
claim17:7
23:1938:15
claiming 10:21
claims 18:2
clarify 25:15
clear 19:16,18
25:2128:1,5,7
36:6
clearly 26:12
35:8
client 10:17
closed 38:17
Codes 36:1
coerced 31:1
34:2235:1,7
36:11
coercing 35:19
coercion 35:4
coercive 30:15
34:12,1739:7
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come 27:929:8
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comfortable
36:6
commented
27:19
comments 25:21
committing
33:1
communicate
23:3
compel 37:15
compelled 37:17
competent 18:9
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35:22
complaint 31:8
31:1039:20,21
39:22,23
complaints 19:4
28:429:21,22
30:6
comply 5:22
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complying 10:3
compounds
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concern 15:4
concerned
14:1021:18
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concluded 41:18
conclusion
31:12
conclusive 9:4
concurrent
19:1431:24
condition 32:11
32:11
conditioned
23:1
conditions 15:2
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condor 8:11
conduct 5:23
21:1726:23
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conference 3:15
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32:14
confirm6:7
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conflict 12:4
30:19
confront 37:13
connection
32:23
consider 15:17
consisting 40:16
constitute 21:17
containing 15:2
contents 30:7
context 33:11
39:6
contingent 22:8
continually 5:21
13:1038:5
continuance
40:4
continue 16:7
17:326:3
continues 35:9
35:23
continuing
30:18
contract 23:14
24:4
control 33:15
34:5
convey 16:17
copies 29:23
30:2
copy 15:1,930:2
correct 19:13
22:1638:22
correctly 30:5
Coughlin 1:12
3:6,214:21
5:3,117:19
9:1413:12
16:2317:19,20
18:1,7,12
19:1827:14
28:929:4,23
30:3,1031:6
31:1632:1
34:2440:6
41:4
Coughlin's
17:1230:8
counsel 5:8,13
7:59:22,23
17:2122:13
25:1026:2
27:1628:3
29:535:14,17
35:2236:19
37:141:4
counseling
31:1832:12
counselor 31:21
count 18:18
31:833:19
counter 8:5
County 1:6
31:1542:3,7
couple 20:10
28:4
course 34:2
court 1:43:54:2
4:5,10,13,16
4:235:2,6,12
5:14,17,18,22
6:1,4,9,17,22
6:237:18,19
8:1,9,10,12,12
8:13,17,199:1
9:16,2310:8
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11:14,2012:1
12:9,18,21
13:7,11,24
14:6,9,17
15:11,16,24
16:6,12,14
17:2,2118:6,7
19:9,20,24
20:6,2421:8
21:1622:1,4,7
22:20,2323:5
23:9,11,21,22
24:6,12,24
25:4,12,19,23
26:1427:7,12
27:20,2228:5
28:8,22,24
29:2,11,17,19
30:10,2131:23
32:1,7,14,18
32:2133:3,5,9
33:12,1434:11
34:1835:3,5,6
35:11,16,18,18
36:2,18,22
37:3,7,838:1,6
38:11,12,19
39:2,8,13,22
40:1,5,10,21
41:6,11,16
courtroom34:6
courts 11:1
co-counsel 6:21
10:111:4
15:18
crafted 14:21
crafty 35:14,15
criminal 24:13
29:21,2231:8
33:4
crossed 16:22
cross-examined
25:7
CR12-067980
31:13
CR12-2025 1:10
CSR1:23,23
42:21
culminated 3:19
currently 18:20
custody 12:17
D
D12:413:10,11
date 3:174:7
7:10,13,14,14
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12:10,12,15,17
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dates 11:1,8,9
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40:9
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decide 16:12
17:2324:22
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deciding 15:12
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defendant 1:13
2:135:4,9,16
5:206:3,19
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10:12,2411:11
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18:1520:8
21:13,19,22
22:15,2223:4
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24:1925:1,17
26:1027:2,15
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33:1034:8,12
35:8,13,21
36:9,14,21,24
37:6,2138:3,9
38:2339:5,9
39:1740:3,8
40:13,1941:13
defendants
25:11
defender 12:22
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38:339:11
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Defender's 18:1
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defer 35:5
delaying 19:1
deny 15:13
Department
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deposit 33:2,11
depositing 33:6
Dept 1:10
deputy 12:22
26:19
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detail 17:23
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23:2325:14
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dialogue 21:21
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discharge 14:24
discussed 9:18
dismiss 18:23
20:2022:18
31:13
dismissed 20:13
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21:17
dispose 13:19
34:7
disposed 14:13
34:9
disposing 7:12
8:24
dispute 10:17
District 1:416:9
disturbing
18:18,1919:4
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32:17
docket 7:16
document 16:9
documents 29:6
Dogan 11:418:4
doing 7:12
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enforce 23:10
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enter 19:19
30:2431:7,9
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entering 37:10
39:3,640:15
entirely 17:12
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entitled 42:11
entity 12:5
escrow33:2
especially 25:5
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26:12
evaluate 14:11
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event 9:824:7
eviction 20:11
exception 19:10
Excuse 36:10
excused 40:18
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experience
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34:3
expires 19:19
explicitly 15:5
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F
face 16:13
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18:926:23
27:8,21
favor 9:6,9
21:10
feel 28:20
feels 36:11
felony 34:7
file 8:215:1
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Finally 31:23
find 28:834:12
finds 34:16
fine 15:1129:17
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five 29:16
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forth 10:1632:4
32:5,8
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22:1330:8,12
frankly 14:18
free 38:2239:14
40:7,11,12
freely 39:2,5,17
40:14
Friday 9:18
frivolous 33:21
fugitive 16:8
further 11:19
20:1723:9
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26:8
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17:1020:11
22:327:1,7,9
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good 5:1941:12
Goodnight 7:7
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granted 20:22
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great 11:17
gross 4:1034:9
guess 33:14
guilty 19:436:6
37:4
guy 34:23
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half 18:6
hallway 12:16
handle 18:1
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22:2425:22
hearing 1:17
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he'll 27:531:7
Hill 33:3
holds 26:19
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Document Code:
Zach Coughlin, Esq.
NV Bar No: 9473 tem!oraril" sus!ended in NV, #ut authori$ed to !ractice on his o%n #ehal& in the '(C, so
N'C) 4* a!!lica#le +ia N', 4-.4--. and (C'C) 4* allo% &or Coughlin to issue his o%n su#!oenas and to
%hate+er e/tent the '(C rules other%ise, let this constitute an 0o!en re&usal0 !ursuant to ')C 3.4, 3.*, etc..
1471 E. 923 ,2.
'EN4, NV 59*16
2ele and 7a/: 949 887 74-6
9ttorne" sus!ended in Ne+ada a!!earing )ro ,e
:N 23E (;,2:CE C4;'2 47 'EN4 24<N,3:)
:N 9ND 74' 23E C4;N2= 47 <9,34E, ,292E 47 NEV9D9
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)lainti&&,
+s.
Z9C39'= C4;?3@:N>
De&endant. 'C'6-11A-83341
'C'6-16A-71437, rcr6-16A-8*83-, rcr6-16A
-8795-, 'C'6-13A-7687*, 9dminstrati+e
4rder 6-16A-1 :n 'e Zachar" Coughlin, etc.
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Batthe% Berliss
+.
Zachar" Coughlin re+6-11A--17-5,
re+6-11A--1496
AAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Z9C3 C4;?3@:N
V.
B922 BE'@:,,, E2 9@. CV11A-3-*1,
CV11A-3168, CV11A-3-*1.
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Z9C3 C4;?3@:N
V.
C:2= 47 'EN4 C'11A6-8*
)arC 2errace 2o%nhomes
+.
Zachar" Coughlin re+6-16A---374
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
.
.
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C9,E N4: 9@@ C9,E, 9@@
DE)9'2EBEN2,
DE)2. N4: C3:E7 (;D?E :,,;E
AAAAA
MOTION AND OR REQUEST FOR JAVS AUDIO TRANSCRIPTS AND NOTICE OF OBSTRUCTION OF COUGHLIN'S ABILITY TO
FILE DOCUMENTS AND VIEW FILES, OBTAIN COPIES THEREFROM, IN THE RJC BY RJC CLERKS, BAILIFFS, AND JUDGES-
1/9 -
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North%inds 9!artments
+.
Zachar" Coughlin re+6-16A--1-45, 1-87,
1-85, 1156, 1153, etc.
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
<ashoe Count", a!!licants
+.
Zach Coughlin rc!6-16A---*99
,tate Bar o& Ne+ada, a!!licants
+.
Zach Coughlin, res!ondnet 'C)6-16A
---8-7
AAAAAAAAAAA
Zach Coughlin +.
De&& nichols
AAAAAAAAAAAAAAAA
su!erior mini storage +. tahoe quarterl" and or
$ach coughlin
and or $ach coughlin +
su!erior mini storage
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
B42:4N 9ND 4' 'EE;E,2 74' (9V, 4' 72' 9;D:4 2'9N,C':)2, 9ND N42:CE 47
4B,2';C2:4N 47 C4;?3@:NF, 9B:@:2= 24 7:@E D4C;BEN2, 9ND V:E< 7:@E,,
4B29:N C4):E, 23E'E7'4B, :N 23E 'BC 9ND '(C B= '(C C@E'G,, B9:@:77,, 9ND
(;D?E,, 4'DE' 9))@=:N? 'E, (;D:C929 24 C4;?3@:NF, :N 74'B9 )9;)E':,
,292;, :N 9@@ '(C C9,E, ?:VEN B;@2:)@E :N,29NCE, 47 ,;C3 9@'E9D BE:N?
?'9N2ED, 9ND )E2:2:4N 74' EH2'94'D:N9'= <':2 B9ND9B;,, )'43:B:2:4N,
CE'2:4'9':. 24 9DD'E,, '9B)9N2 B:,C4ND;C2 B= '(C 9ND 'BC EN2:2= 9ND
:ND:V:D;9@,.
C4BE, N4<, Z9C3 C4;?3@:N, and &iles the a#o+e titled document on his o%n #ehal&
and it is #ased on the argument and authorities herein. Coughlin here#" s%ears that the linCs
!ro+ided herein are to true and correct co!ies o& the actual documents the" !ur!ort to #e and that he
maCes the &ollo%ing assertions under !enalt" o& !erDur" !ursuant ot N', *3.-4*.
F ACTS /)4:N2, 9ND 9;234':2:E,
Zach Coughlin &iles this on his o%n #ehal& and incor!orates #" re&erence all materials linCed
to here:
htt!s:IIsC"dri+e.li+e.comIredirJresidK43-548357367*765L5413
2o a+oid the terri&"ing e/!erience o& dealing %ith the '(C 0#aili&&s0 Coughlin request a
digital o& e+er" single &ile and a digital co!" o& e+er" single second o& an" hearing coughlin has
a!!eared in that the rDc has "et to !ro+ide, emailing it %orCs...see the 3I1*I13 trial the disc !ro+ided
&ailed to include the entire a&ternoon !ortion, coughlin requests the 16I15I16 hearing in rcr6-16A
2/9 -
motion to proceed ifp
please provide dockets in
all of coughlins cases too
new and
old style
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-8795-, and the *I63I13 hearing in rcr6-13A-83341 #e e/!edited !er 86337 and 81353 e/igencies. it
%ould hel! the '(C address the %oe&ull" de&icient '49 in 'e+6-11A--17-5, see coughlinFs B'49
in 81353 &or e/!lication, nrs 4-.4-- maCe nra! 1-, 11 a!!lica#le and the 16I61I16 roa &ails on man"
le+els, and the 1I4I16 su!!lemental in c+11A-3865 and the 4I1I13 su!!lemental still donFt ha+e those
16I66I11 &ilings #" coughlin, %hich are Cind o& Ce", and the rDc has &ailed to accord coughlin to
hearing on the illegal locCouts and +eri&ied !etitions seeCing such that coughlin &iled in north%inds
cases, re+6-11A--17-5 !lease consider this Dust such a +eri&ied !etition as %ell as to the illegal
locCout #" Cern in !arC terrace, or an"thing coughlin &iled %ithin * da"s thereo& the &unctional
equi+alent !er nrs 1159.39-, and !lease transmit that a!!eal coughlin &iled and the tiDerina i&!
su#mitted there%ith maCes such F!er&ected0 in re+6-16A---374, see stancils letter a#out %h" she
&ailed to &ile in coughlinsF notice o& a!!eal, %hich also seemingl" ha!!ened in re+6-11A--17-5 !er
coughlinFs 16I68I11 notice o& a!!eal o& the 16I61I11 order, etc.
,o, '(C (udge )earson Dust ha!!ened to issue a 3I66I13 09dministrati+e 4rder 6-13A-10
htt!:II%%%.%c#ar.orgIdocumentsI9dmin4... http//!!!"#$%&'("$)*/()$/+,,-./01-/.2--2+.2
/-/32+/342.032+0/42RJC2Ch&562J7#t&$52P58%#)92A(*&9&#t%8t&:52O%(5%2-/+.2/+2W&th&92-32
H)7%#2)62R5$5&pt2A(*&9O%(5%-/+.2/+ . Dust da"s a&ter CoughlinFs 3I19I13 !resentation in
'C'6-16A-8*83- and crossAe/amination o& ')D ,argentFs )aul ,i&re and Barcia @o!e$, and ')D
4&&icer Nicholas Duralde re+ealed the e/tent to %hich the criminal tres!ass con+iction Coughlin
sustained in 819-1 in+ol+ed #oth a #urglar" #" the <ashoe Count" ,heri&& De!ut" (ohn Bachen and
attorne" Case" D. BaCer, Esq., and &raudulent conduct #" landlord Batt Berliss, his attorne" 'ichard
?. 3ill, Esq., and ')D 4&&icer Chris Carter, (r. and ,argnet Barcia @o!e$, and the associated
#urglaries #" the <C,4 o& 3I1*I16 in connection to 'e+6-16A---374 and on 8I65I16 in 'e+6-16A
--1-45 see 'C'6-16A-8795- and the man", man" continuances olF 4-1G '. Bruce @indsa", Esq.
recei+ed 4-1G means he gets !aid 4 times to do nothing once..
2he talCing !oint message is the '(C and its ClerCs and Baili&& are using inordinatel"
ina!!ro!riate means to o#struct Coughlin access to court &iles, t"!icall" related to the s"stematic
#urglaries conducted #" the <C,4 in &ailing to a#ide #" N', 4-.6*3*. requirement that no
locCouts occur until the !assing o& 64 hours &rom the tenantFs 0recei!t0 o& such order. that means
"ou, NC,, 3:ll and BaCer, ?a"le Gern, North%inds 9!ts, ,ue Ging, <C,4, ')D, all o& "ou,
#urglari$ed CoughlinFs !ro!ert" re!eatedl", and "ou Cno% "our notices and "our 0landlordFs
a&&ida+its0 donFt ha+e nearl" all that is required o& them, and that %hat the" do ha+e is mostl"
&raudulent, %hich maCes 'ussell +. Galian and Ba"es reall" !ro#lematic &or "ou. unla%&ul detainer
statutes in light o& the holdings o& the Ne+ada ,u!reme Court in Vol!ert, Da+idsohn, and 9iCens. ...
Do"le, 56* ).6d 1667, 163-.
Both a landlord and its counsel %ere lia#le &or %rong&ul e+iction on an in+alid %arrant, %hether the
e+iction %as deli#erate or inad+ertent. Ba"es +. ;V: 3oldings, :nc., 65- 9.D.6d 1*3, 763 N.=.,.6d
1*1 1st De!Ft 6--1.. Coughlin %ants
htt!:II%%%.scri#d.comIdocI1**631635I*A63A13A-6-4A-71437A17-5A1496ACoughlinAsA
<rittenA'equestAtoA'(CA&orADocumentsAandA9ccess %hat Coughlin su#mitted to the '(C Baili&&
3ei#ert in the Bills @ane (ustice Center lo##", returned #" 3ei#ert %ith a date 0recei+ed0
stam!...%here Baili&& 'e"es attacCed Coughlin a!!ro/imatel" si/ minutes later claiming that
Coughlin had re&used his 4rder to %ait in the lo##" &or that %hich 3ei#ert had alread" gi+en
Coughlin, es!eciall" %here #oth 3ei#ert and Baili&& 'amse" %hom had admitted to Coughlin to
ha+ing thro%n a%a" the documents Coughlin su#mitted &or &iling in 'C'6-11A-83341 and
'e+6-11A--17-5 the da" !rior, on *I66I13. admit that the" had #oth in&ormed Coughlin he %ould
not #e !ermitted to +ie% an" &iles that da", *I63I13, 3ei#ert in&orming Coughlin that an unnamed
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&iling o&&ice clerC %as re&using to allo% Coughlin to +ie% an" material in the criminal di+ision or
ci+il di+ision, and 'amse" in&orming Coughlin that he is not !ermitted to +ie% an" o& the do$en or
so cases in %hich he has #een summaril" e+icted since 9ugust 6-11, indicating to Coughlin 0the
&iling o&&ice told me "ou canFt +ie% an" cases #ecause all o& "our cases are closed and are in Carson
no%0. 3ere are the documents Coughlin su#mitted &or &iling %ith the '(C #" lea+ing them %ith '(C
Baili&& 'amse":
htt!:II%%%.scri#d.comIdocI1**631696I*A66A13A-6-417-5A-3865AEmergenc"ANoticeABotionA
'equestA&orA,u#mA<ithAE/hA1ADetailingA16A13A66A11A,u!ersedeasABonds
htt!:II%%%.scri#d.comIdocI1**631371I*A66A13A-6-4A-83341AEmergenc"ANoticeAandABotionAandA
'equestA&orA,u#missionA7irstA)ageANotA,tam!edA'(CABaili&&AsA3ei#ertAandA'amse"A'eDected
htt!:II%%%.scri#d.comIdocI1**631436I*A18A13A-6-4A-83341ANoteA7romA'(CADeli+eredA#"ABaili&&A
3ei#ertAonA*A66A13A,ta!ledAtoACoughlinAsA*A18A13A'equestAinAE+ictionAasAtoADe&iciencesAinA'49Aa
htt!:II%%%.scri#d.comIdocI1**631447I*A18A13A-6-4A-83341ANoteA7romA'(CADeli+eredA#"ABaili&&A
3ei#erAonA*A66A13A,ta!ledAtoACoughlinAsA*A18A13A'equestAinAE+ictionAasAtoADe&iciencesAinA'49A
an
htt!:II%%%.scri#d.comIdocI1**6453*-I3A66A16A-6-4A374A'(CA,tancilADeclarationA'egardingA
7ailureAtoA7ileA3A18A16ANoticeAo&A9!!eal
2he '(C has &urther +iolated Ne+ada la% in &ailing to accord Coughlin the hearings he is
entitled to under N', 1159.39- %here Coughlin &iled a Veri&ied )etition &or E/!edited 'elie& &rom
:llegal @ocCout in all o& the North%inds Cases: 'e+6-16A--1-45 u!on Chandler &ilingI!osting and
9mended * Da" ;nla%&ul Detainer Notice on 8I65I16, his and North%inds continuing to attem!t to
locC Coughlin out not to mention seeC to ha+e him arrested &or 0tres!ass0, not to mention ChandlerFs
0misconduct0 at the 7I*I16 3earing on the Botion to Vacate and (udge ,chroederFs +ast misconduct
therein and #e"ond in that and other matters.:
,o, the '(C clerCs, #aili&&s and Dudges Dust stead&astl" re&use to &ollo% the la% or a#ide #"
their duties &ailing to transmit Notices o& 9!!eal, &ailing to acce!t documents &or &iling or Cee! an"
record thereo&, re&using to acce!t the M6*- Coughlin attem!ted to !ost as a su!ersedeas #ond !er
N', 4-.35*, etc., etc..
,o ironic that the +er" documents that 'amse" and the '(C +iolated criminal la% in &ailing to
retain e+en co!ies o&, much less &ile in, chronicle the 0ram!ant misconduct0 #" '(C Baili&&s and
clerC attendant to 'o##in BaCer, Cath" <ood, Christine EricCson Chie& Ci+il Di+ision clerC %ho
allegedl" does not Cno% that (C''2 1- does not a!!l" to 0landlord tenant matters0 !er (C''2 6, as
she has a smug, hostile (ohn 'e"es res!ond to CoughlinFs +arious attem!ted &ilings in 'e+6-11A
--17-5 #" #ringing out a highlighted co!" o& (C''2 1-, %hich Baili&& 3ei#ert alleges 'o##in BaCer
told him %as the #asis &or reDecting CoughlinFs criminal case &ilings, the onl" !ro#lem is ,ee <DC'
15., (C''2 6 !ro+ides that nothing in (C''2 a!!lies to criminal cases, and the la% !rohi#its courts
&rom a!!l"ing ticC" tacC ci+il action local rules related to &ormatting to matters in+ol+ing the
!otential loss o& li#ert". 3ei#ert re!eatedl" re&used to &ile in he sa"s the '(C ClerCs %ill not taCe
them at times, then other times he sa"s he is reDecting CoughlinFs &ilings. CoughlinFs &ilings in a host
o& criminal cases: 'C'6-11A-83341, 'C'6-16A-8*83- a case in %hich #oth Baili&& 'e"es
announced, on the deadline da" &or Coughlin to &ile his !ostAtrial motion, and a&ter Coughlin had
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alread" su#mitted &ilings that da", that CoughlinFs &ilings o& such a time sensiti+e document related to
a li#ert" interest %as #eing reDected #" 'e"es, sua s!onte, in his 0inter!retation0 o& the 16I6-I16
9dministrati+e 4rder in that 'e"es %as a!!l"ing a 0no more than one &iling !er da"0 %rinCle to the
9dministrati+e 4rder. ;!on Coughlin !ointing out the !ro#lems associated %ith this 'e"es in+aded
CoughlinFs !ersonal s!ace and dro!!ed a!!ro/imatel" &i+e 0&A#om#s0 %ith his inimita#le cartoon
#ull" s%agger. 2he thing %ith 'e"es is, he is collecting and M5*- checC the &irst o& e+er" month &or
#eing 06-N disa#led0, according to his 7inancial Declaration and getting a M4,*-- 0retirement0 checC
the &irst o& e+er" month must #e so disorienting %hen he comes into the '(C and !eo!le liCe
Coughlin actuall" e/!ect him to !er&orm the duties o& his em!lo"ment such as !rocess the
documents Coughlin su#mits &or &iling !ursuant to an incredi#l" s!ecious to #egin %ith
9dministrati+e 4rder see 'C'6-13A-71437 and the attacC #" 'e"es connected to 'e"es delusional
inter!retation thereo& in 'C'6-13A-7687*. %here 'e"es also 'e"es a checC e+er" cou!le %eeCs &or
his &ull time em!lo"ment as a Baili&& %ith the '(C M1,4-- or so.....
htt!:II%%%.scri#d.comIdocI1**644844I16A8A16A-6-4A-83341A9416A-1AEmailAtoA'(CACourtA
9dministratorA2uttleAandA'BCAChie&ABarshalA'o!erABaili&&AsADetainingABeACourthouseA,anctuar"
htt!:II%%%.scri#d.comIdocI1**648*88I6A*A16A-6-4ACoughlinAsA2)4A9!!licationA9gainstA'(CA
Baili&&A'e"es
htt!:II%%%.scri#d.comIdocI1**647-*6I6A65A13A-6-4A-83341A<CD9ADD9A3e$lerA6A6*A13A@etterA
<ithANe%A3and%rittenANoteA'emailedA2hreateningA2'4A2)4
2he thing is, Nicholas 3asset, o+er 15 "ear old, nonA!art", ser+ed on the '(C, and Garen
,tancil, and Court 9dministrator ,te+e 2uttle a ,C' 11- su#!oena, %hich %as !ro!erl" issued e+en
i& N'C) is deemed a!!lica#le, %hich it is not, the ,BNINNDBIClerC o& CourtI4BC e/!ressl"
indicated to Coughlin that ,C' 1-*4. and ,C' 119, as the" relate to ,C' 11-, allo% e+en a
0tem!oraril" sus!ended0 attorne" such as Coughlin to issue his o%n su#!oenas in his role as as sel&
re!resenting res!ondent. 2he '(C is in contem!t and should #e su#Dect to ,C' 11-3.A4., and
Da+id <attsAVial, Esq. must %ithdra%al &rom 'C)6-16A---*99 &urther, the <C)D is an
inde!endent contractor and not a!!ro!riatel" re!resented in such <orC!lace 2)4IE)4 #" the
<CD9, and <attsAVial attem!ted to massage that at the 1I4I13 E)4 hearing #" suggesting the 2)4
a!!lication %as &iled #" (im @eslie on #ehal& o& the <C)D...one, @eslie cannot &ile a <orC!lace
3arassment 2)4 9!!lication that seeCs to !rotect himsel&, his em!lo"er must do it &or him, and the
<CD9Fs 4&&ice is not @eslieFs em!lo"er, #e"ond the e/treme im!ro!riet" in @eslie +iolating his dut"
o& con&identialit" a la ')C 1.18..
htt!:II%%%.scri#d.comIdocI1**64*8*-I6A8A13AEmailAtoA<attsA<CD9A)leaseA'es!ondeAtoAB"A
,u#!oenas
CONCLUSION
)lease !ro+ide the (9V, audio recordings sought herein and access to or co!ies o& digital
co!ies are great. o& 9@@ o& Zach CoughlinFs &iles, e+er, in the '(C.
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2he undersigned here#" request this Court consider these materials !resented herein in
deciding u!on this matter.
: declare, !ursuant to N', *3.-4*, under !enalt" o& !erDur" under the la%s o& the ,tate o&
Ne+ada that the &oregoing and all &actual claims herein is and are true and correct and that this
document does not contain an" social securit" num#ers, !ursuant to N', 639B.-3-, an a&&irmation
to that e&&ect this here#" is.
D92ED this 7I66I13
OIsI Zach Coughlin
Zach Coughlin, Esq.
De&endantIClaimant in some N', 1159.39- and other instances.
,us!ended 9ttorne" 9!!earing )ro ,e
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)'447 47 ,E'V:CE
4n this date, : caused a co!" o& the &oregoing document to #e ser+ed u!on the &ollo%ing #"
!lacing a true and correct co!" o& the &oregoing document in the ;.,. mail addressed to and
!ersonall" deli+ering the same to the <CD9Fs 4&&ice at 1 ,outh ,ierra ,t.:
9mos '. ,tege, astegePda.%ashoecount".us
Zachar" N. =oung, Esq. $"oungPda.%ashoecount".us
<ashoe Count" D9
1 ,outh ,ierra ).4. Bo/ 3--53
'eno , NV 59*6-
)hone Num#er: 77*A365A36-- 7a/ num#er: 77*A36*A87-3
Email: $"oungPda.%ashoecount".us
'ichard ?. 3ill, Chartered
8*6 7orest ,treet
'eno, Ne+ada 59*-9
)hone: 77*. 345A-555
7a/: 77*. 345A-5*5
Email: rhillPrichardhilla%.com
11791 'idge 'im 'oad, Chico, C9 9*965, co!" to Batthe% (oel Berliss to the e/tent 3ill re&uses to
&ile a notice o& a!!earance in CV11A-3-*1.
,ue Ging, <estern Ne+ada Banagement, )arC 2errace 2o%nhomes349
5-4 Bill ,treet 'eno, NV 59*-6
77*. 654A4434 and &a/ed to
Cern ad )22349 77*3648173
and Ging and <NB at 77*654448*
?a"le 9. Gern. @td. 9ddress: *461 Giet$Ce @ane ,uite 6-- 'eno , NV 59*11 )hone Num#er: 77*A
364A*93- 7a/ num#er: 77*A364A8173 Email: ga"leCernPCernltd.com attoren" &or )arC 2errace
2349
N4'23<:ND 9)9'2BEN2 9,,4C @@C
1-31 H)'E,, N4'23<:ND @@C
11- 11-23 9VE NE ,2E **-
BE@@EV;E, <9 95--4
7ictitious 7irm Name A Counter
74-4-
-4I-1I1997 16:--:-- 9B E/!iration Date: -4I-1I6--6
Business Name: N4'23<:ND 9)9'2BEN2, 4%ners: N4'23<:ND 9)9'2BEN2
9,,4C:92E,, @@C
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Ne+ada Court ,er+ices
@e% 2aitel, Esq., ,ta&& 9ttorne"
(e&& Chandler, 4%ner and CE4
'o#ert <ra"I(oel Durden, @icensed )rocess ,er+er
47* ,. 9rlington 9+enue, ,uite 19
'eno, NV 59*-1
77*. 345A7*8-
@e%is ,. 2aitel, Esq.
9ttorne" at @a%
30, S" A%;&9<t)9 S7&t5 +A
'eno, Ne+ada 59*-1
77*. 366A6676
F8= >00,? .3420@00
Ne+ada ,tate Bar No. 4397
Not sure %ho Br. 2aitel re!resents in this matter, i& an"one...
9!!arentl" re!resenting North%inds 9!artments 9ssociates, @@C and or North%inds 9!artments,
though ChandlerFs 0landlordFs a&&ida+it0 s%ears that he, Chandler is the 0landlord0, so...
North%ind 9!artments. 185- ,C" Bountain Dri+e, 'eno, NV 59*63A5147
D92ED this 7I66I13
IsI Zach Coughlin
Zach Coughlin, Esq.
De&endant 9ttorne" tem!oraril" sus!ended &or %hich all o& "ou %ill
#e sued. in Ne+ada #ut not #e&ore ;,)24
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7 24 13 0204 63342 Stamped and Stacked Cont of Exh To Motion Amend Petition A9

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7 24 13 0204 63342 Stamped and Stacked Cont of Exh To Motion Amend Petition A9

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Electronically Filed

Jul 24 2013 08:49 a.m.

DISSEMINATION RESTR!CTEDTO CIMINAlJUsCE AGENCIES ONLY. SECONDARY DISEMINATION IS PROHIStTED.

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