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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF

NEVADA

IN AND FOR THE COUNTY OF WASHOE

-oOo-

THE STATE OF NEVADA,

:

:

Plaintiff,

vs.

: Case No. CR12-2025 : Dept No. 10 :

 

:

ZACH COUGHLIN,

:

:

Defendant.

:

======================================================

TRANSCRIPT OF PROCEEDINGS

TRIAL

November 19, 2012

Reno, Nevada

SUNSHINE LITIGATION SERVICES Transcribed By: GAIL R. WILLSEY, CSR #359, CA CSR

TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 2 1 2 3 4 5 ^.^ 6 A

TRANSCRIPT OF PROCEEDINGS - 11/19/2012

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1 2 3 4 5 ^.^ 6 A P P E A R A N
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A
P
P E A
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C
E S
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FOR THE PLAINTIFF:
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MR. YOUNG
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13
FOR THE DEFENDANT:
IN PRO PER
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SUNSHINE REPORTING - 775-323-3411

TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 3 1   2 INDEX OF EXAMINATION 3 4

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Page 3

1

 

2

INDEX OF EXAMINATION

3

4

5

EXAMINATION 1st Witness AUSTIN LICHTY

PAGE #

6

Direct Examination by Mr. Coughlin

33

7

2nd Witness COLTON TEMPLETON Direct Examination by Mr. Coughlin

135

8

 

3rd Witness CORY GOBLE

9

Direct Examination by Mr. Coughlin Cross-Examination by Mr. Young

167

198

10

Redirect Examination by Mr. Coughlin

200

11

4th Witness NATHANIAL ZARATE Direct Examination by Mr. Coughlin 205

12

13

14

INDEX OF EXHIBITS

15

Exhibits 1 through 3 were admitted

104

16

 

17

18

19

20

21

22

23

24

SUNSHINE REPORTING - 775-323-3411

TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 4 1   **^.^** 2 RENO, NEVADA, MONDAY, NOVEMBER

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Page 4

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**^.^**

2

RENO, NEVADA, MONDAY, NOVEMBER 19, 2012, 9:15 A.M. **^.^**

3

4

 

5

 

THE COURT: We're ready to go.

 

6

What we're going to do first is supposedly

7

remaining objections to the subpoenas. I have

8

previously ruled on the motions for mistrial which was

9

denied. The subpoenas, I ruled that with the

10

exception of the attached subpoenas, all other

11

subpoenas were either improperly served, improperly

12

issued, unduly burdensome, were for witnesses or

13

matters irrelevant to the trial and the merits in this

14

case or did not specify what documents, if any, were

15

being subpoenaed in the case of the Subpoenas Duces

16

Tecum.

17

 

So the following subpoenas are the only ones

18

that are going to be honored today. The one for

19

Nicole Watson, is Nicole Watson here? Okay. Was she

20

served? Did you pay her or not witness fee?

21

 

MR. COUGHLIN: Your Honor, you told me that

22

was either waived or deferred.

 

23

 

THE COURT:

I did not say that.

I said if

24

you presented proof to me that I ordered that it be

SUNSHINE REPORTING - 775-323-3411

TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 5 1 waived or deferred, I would consider that.

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waived or deferred, I would consider that. I reviewed

2

everything you furnished me; I did not see such a

3

document.

4

MR. COUGHLIN: I believe I have an audio

5

recording on the record that we discussed my

6

indigency.

7

THE COURT:

Well, I don't want to hear what

8

you believe; do you have it cued up?

9

MR. COUGHLIN: No, I don't.

10

THE COURT: All right.

11

I'm not going to do anything on that. Lucy

12

Byington? I gave you until last Thursday to give me

13

that. Lucy Byington.

14

MR. COUGHLIN: I'll just enter for the

15

record, your Honor, that I had a Bar disciplinary -- a

16

full-day hearing.

17

THE COURT: I understood that, but I gave you

18

additional time so you could get that.

19

MR. COUGHLIN:

And Mr. Skau, I would like to

20

preserve for the record, he lied to the court

21

asserting that he was given I believe authority to

22

serve me by e-mail for a hearing --

23

THE COURT:

He was not --

24

MR. COUGHLIN: That's what he represented to

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 6 1 me. 2 THE COURT: And that was

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1

me.

2

THE COURT: And that was an additional

3

service to make sure that you got it, sir.

4

MR. COUGHLIN: That's not his representation.

5

THE COURT: Colton Templeton? Okay. Mr.

6

Templeton is here so we will honor that subpoena.

7

Robert Dawson? Okay. Any proof that he was

8

offered a witness fee or that I waived it?

9

MR. COUGHLIN:

I believe he hung up on me and

10

you did waive it, it's on the record, your Honor.

11

I've got the C D, your Honor. I'll testify under

12

penalty of perjury that you did.

13

THE COURT: Well, you'll have an opportunity

14

later today. Sir, sit down.

15

MR. COUGHLIN: I just need to correct for

16

perjury's sake, your Honor, that I believe you

17

reserved the right to make me pay it later if it

18

wasn't outright waived.

19

THE COURT: Austin Lichty? All right. Mr.

20

Lichty is here so we will proceed with him.

21

Any other subpoenas I've already ruled on?

22

And I know Mr. Dogan is here, but I believe I ruled on

23

your subpoena as well it was, if it was among those

24

that I previously ruled on.

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 7 1 THE WITNESS: Your Honor, am I free

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THE WITNESS: Your Honor, am I free to leave?

2

MR. COUGHLIN: Your Honor, I do not believe

3

anybody presented a subpoena on his behalf. Certainly

4

the City Attorney doesn't represent the public

5

defender.

6

THE COURT: All right.

 

7

Mr. Dogan, tell me why you want the subpoena

8

quashed?

9

MR. DOGAN:

Your Honor, I filed a motion to

10

quash the subpoena that was served upon me by Mr.

11

Coughlin. There was no response, it's an admission

12

that my motion is worthy. Also I have no knowledge of

13

the facts --

14

MR. COUGHLIN: Your Honor, can we have him

15

sworn if he's going to testify?

 

16

THE COURT:

Wait a second, sir.

You sit

17

down, he's an attorney. You are not, come on.

18

Mr. Dogan?

19

MR. DOGAN: Your Honor, I'm not a percipient

20

witness. I have no personal knowledge of the --

21

THE COURT: I'm just trying to find your

22

motion. You said you did file a motion with the

23

court?

24

MR. DOGAN: That's correct, your Honor.

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 8 1 THE COURT: Do you know what date

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THE COURT:

Do you know what date it was?

2

MR. DOGAN: About two weeks ago, I believe.

3

THE COURT:

Okay.

I have one from Mr. Skau.

4

MR. YOUNG:

Your Honor, I have a copy of Mr.

5

Dogan's motion, if you would like to see it?

6

THE COURT:

I would but I'm sure it's in

7

here.

8

MR. YOUNG:

It was filed stamped of

9

November 7th, and I would was served a copy of this so

10

that's how I have a copy.

 

11

MR. YOUNG: Motion to Quash Subpoena Duces

12

Tecum filed stamped November 7, 2012, at 10:24.

13

THE COURT:

I do have it, it was one of the

14

first ones -- it is in the order.

What it responds is

15

that the material requested by the Subpoena Duces

16

Tecum was previously furnished to Mr. Coughlin and

17

further, that Mr. Dogan does not have that and I

18

granted that motion.

19

MR. COUGHLIN: Your Honor, I was never served

20

that.

21

THE COURT: Never served what?

22

MR. COUGHLIN: Well, I never received that.

23

THE COURT: Well, sir, according to this, it

24

was mailed to you or faxed.

 

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 9 1 MR. COUGHLIN: It was faxed? 2 THE

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MR. COUGHLIN: It was faxed?

2

THE COURT: And the subpoena you served him

3

with wasn't about -- sir, on top of that, the subpoena

4

you served him with wasn't a valid subpoena.

5

MR. COUGHLIN: I'm going to note for the

6

record that my attorney, Brian Dogan, is smirking at

7

me menacingly.

8

THE COURT: I would say it's not menacingly.

9

MR. COUGHLIN: I think he's changed his

10

expression since you --

11

MR. YOUNG: Your Honor, could we move on?

12

THE COURT:

I think he has smiled, and

13

there's no rule against smiling.

14

Anyhow, sir, that subpoena is quashed for the

15

reasons stated in the motion but for the further

16

reason that the document that you served him with was

17

not a valid subpoena.

18

MR. YOUNG: For the record, I'm showing Mr.

19

Coughlin a copy of the motion.

20

MR. COUGHLIN: Your Honor, just for the

21

record, I believe notice an opportunity to be heard

22

dictates --

23

THE COURT: You had notice and opportunity to

24

be heard, sir, and I've ruled and we're done.

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 10 1 THE WITNESS: I was not served this,

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THE WITNESS: I was not served this, your

2

Honor, and even if he did fax it which I don't believe

3

is accurate, that's not appropriate service.

4

THE COURT: Sir, I furnished you everything

5

in this file, and you had the opportunity to review

6

it.

7

MR. COUGHLIN: When you did furnish me

8

everything in this file?

9

THE COURT:

At the last hearing we had in

10

this case.

11

MR. COUGHLIN: No, you didn't. You printed

12

off a docket sheet.

13

THE COURT: Yes, which shows --

14

MR. COUGHLIN: That's not everything in the

15

file.

16

THE COURT: No but it listed everything in

17

the file.

18

Sir, I'm not going to argue with you.

If you

19

have something to add, go ahead and add it.

Add it

20

right now --

21

MR. COUGHLIN: You furnished me everything in

22

the file?

23

THE COURT: No.

I furnished you a list of

24

everything that was in the file.

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 11 1   MR. COUGHLIN: Okay, that was October

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MR. COUGHLIN: Okay, that was October 22nd.

2

This is November 7th.

 

3

 

THE COURT: I understand but you were given

4

extra time to respond to the subpoenas. The issue

5

before me was that I had quashed everything pending

6

the review, and you were given an opportunity to show

7

me proof that those were valid subpoenas. You had

8

that subpoena or if you didn't have the subpoena, it

9

never existed, sir. Did you not --

10

 

MR. COUGHLIN: You ruled on --

11

THE COURT: Did you not purportedly serve Mr.

12

Dogan with a subpoena?

 

13

 

MR. COUGHLIN: I didn't personally.

14

THE COURT:

No, but did you draft it up?

15

MR. COUGHLIN: That doesn't notice to me that

16

he filed a motion to quash.

17

 

THE COURT: I'm not talking about the motion

18

to quash.

I was ruling on all the subpoenas that you

19

had attempted to serve or served and I told you that.

20

 

MR. COUGHLIN: I wasn't noticed that the

21

hearing would be about that.

22

 

THE COURT:

Yes. You were noticed that by

23

Thursday, you were to furnish me with all your points

24

and authorities, all of your evidence that those were

SUNSHINE REPORTING - 775-323-3411

TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 12 1 valid subpoenas, every subpoena, including that one

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valid subpoenas, every subpoena, including that one

2

even, if you hadn't made a motion.

3

 

MR. COUGHLIN:

Even if I hadn't made a

4

motion?

5

 

THE COURT:

Even if he had not made a motion

6

to quash it. There were lots of people who didn't

7

make motions to quash their subpoenas.

8

 

MR. COUGHLIN: You quashed it because --

9

THE COURT: Because they were either -- I

10

told you directly that you would have to present proof

11

that they were subpoenas validly issued by the court

12

and properly served. As to the subpoenas that you

13

furnished me with the documentation you furnished me,

14

I found that those attached to my order were the only

15

ones that were either validly served or properly

16

executed.

17

 

Now, the problem is in addition to that, I

18

reserve ruling on whether or not the witness fees were

19

properly proffered. You were given an opportunity to

20

present that to me, and you still haven't done that.

21

 

Anyhow, Mr. Dogan's subpoena is quashed.

22

MR. COUGHLIN:

If I could just do an offer of

23

proof for the record. He has refused to tell me much

24

in the way of his communications with Dorothy Nash

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Holmes.

2

MR. YOUNG: I object, your Honor.

3

THE COURT: That's irrelevant to this case

4

and I have -- it's irrelevant.

Sit down or you will

5

be escorted out of the room, Mr. Coughlin.

6

Mr. Dogan, you're free to go.

7

All right. Are we ready to go Mr. Coughlin?

8

Not Mr. Coughlin, Mr. Young?

9

MR. YOUNG: Your Honor, the only preliminary

10

matter I have is with respect to the subpoena for

11

Austin Lichty.

He is present, it was a

12

defense-generated subpoena. I took a look at the

13

Notice Of Witnesses that was filed by the defense.

14

Mr. Lichty is not mentioned on the Notice of

15

Witnesses. I certainly did not list him on my Notice

16

of Witnesses. So per statute, I would ask that he not

17

be allowed to testify.

18

As an officer of the court, I'll tell you I

19

did speak with Mr. Lichty for the first time this

20

morning. The sum of his testimony isn't complicated

21

so I don't want to mislead the court saying that his

22

testimony is so complicated that I need additional

23

time. I'm just letting the court know he was never

24

noticed.

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 14 1 THE COURT: All right.   2 Since

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THE COURT: All right.

 

2

Since he is here and he was subpoenaed, I

3

will allow him to testify but you have no other --

4

MR. YOUNG:

Your Honor, if you recall, I put

5

on the State's witnesses.

I had not rested yet.

At

6

this time, I will formally rest the State's case in

7

chief.

8

THE COURT: All right.

 

9

Mr. Coughlin, you can call your first

10

witness.

11

MR. COUGHLIN: Yes, your Honor. I recognize

12

your ruling, sir. I'm not challenging it, but I just

13

know on the Certificate Of Service --

 

14

THE COURT: Sir, if you speak about something

15

I've already ruled on, you will be in contempt of

 

16

court, all right? I'm not going to argue with you.

17

You may call your first witness.

18

MR. COUGHLIN: Okay. And I believe Zach

19

Young was subpoenaed as well.

20

MR. YOUNG: And my office also did a motion

21

to quash, it's absolutely ridiculous to subpoena me.

22

THE COURT:

The only people left and I did If you do not have it, I will

23

e-mail you the order.

24

-- it was also mailed to you, but I will provide you a

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copy of the order right now, sir.

2

MR. COUGHLIN: What date, sir, is that order?

3

Is it --

4

THE COURT:

It was the day -- I told you I

5

prepared it on. You didn't bring it in until Thursday

6

so I got I did done Friday morning, it was the order

7

denying motion for mistrial, it was prepared on

8

November 16th at 11:41 AM and November 16th at 11:42.

9

MR. COUGHLIN:

I know, your Honor, and I gave

10

you those subpoenas that were lawfully issued --

11

THE COURT: Sir, I'm not arguing with you

12

about the subpoenas. The order is done. You had your

13

opportunity.

14

MR. COUGHLIN: If I could just preserve that

15

for the record -- -

16

THE COURT: You've already preserved it, your

17

Honor.

18

MR. COUGHLIN: I don't believe I have, your

19

Honor.

20

THE COURT: Yes, you have. You preserved it

21

by making your motion. If you disagree with the

22

ruling of the court, you will have the proper

23

opportunity following trial in this case, to appeal or

24

seek post conviction relief, whatever you do, but so

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far as the ruling of the court, it is done and under

2

our rules, a motion once made cannot be made again,

3

sir.

4

MR. COUGHLIN: Sir, the basis for what I'm

5

arguing now didn't exist until this court closed on

6

Friday.

7

THE COURT:

No, sit down.

You are going to

8

be in contempt of court.

Do you have a copy of the

9

order of the court? Mr. Coughlin?

10

MR. COUGHLIN: You're asking me, sir?

11

THE COURT:

Do you have a copy of the order

12

of the court?

13

MR. COUGHLIN: I don't believe so, sir.

14

THE COURT: All right. You're going to have

15

both orders. I have identified the people in the

16

courtroom that responded to the subpoena. You can

17

call them as witnesses. You can testify yourself but

18

it's time for you to go forward, sir.

19

MR. COUGHLIN: Okay.

20

I have a few preliminary matters, your Honor,

21

if I could address like Mr. Young did?

22

THE COURT: What's the preliminary matter?

23

MR. COUGHLIN: I believe there's a basis for

24

recusal, your Honor.

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THE COURT: Denied, go ahead.

2

MR. COUGHLIN: Can I enter into the record

3

the bases for that?

4

THE COURT: You've already had an opportunity

5

to recuse me a long time ago, sir.

You can't do it

6

during a trial.

7

MR. COUGHLIN: There's newly discovered

8

evidence.

9

THE COURT: Newly discovered evidence for

10

recusal?

11

MR. COUGHLIN: Nothing with respect to you,

12

your Honor, but with respect to the court in general.

13

THE COURT:

Sir, I will give you two minutes

14

to state what it is.

15

MR. COUGHLIN:

Yes, sir.

Certainly I just --

16

THE COURT: I don't believe it's timely but

17

go ahead.

18

MR. COUGHLIN:

Well, sir, some of the

19

evidence has only become available to me recently.

20

There is an issue right now related to the eviction in

21

the Merles case --

22

MR. YOUNG: Your Honor, I would object to

23

that. I don't know how an eviction case has any

24

relevance to this.

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 18 1 THE COURT: Well, I'll let him finish

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1

THE COURT: Well, I'll let him finish in

2

two minutes. Go ahead, sir.

3

MR. COUGHLIN: It goes to Rev 2011-001708

4

which was a summary eviction now on appeal before the

5

Nevada Supreme Court that ultimately led to a criminal

6

trespass conviction, a custodial jaywalk arrest, the

7

matter that I subpoenaed Mr. Young and Mr. Dogan about

8

on February 27th in the violations of N R S 178.405.

9

The newly discovered evidence relates to the

10

fact that I have learned that the lockout order was

11

conducted outside of the 24-hour window required by

12

statute, much less the fact that the order itself did

13

not contain the required language.

14

THE COURT:

That has to do with this case,

15

not this one. Anything else, sir?

16

MR. COUGHLIN: The reason I bring this up now

17

the Reno Justice Court has refused to provide me

18

information relevant to when he transmitted the

19

eviction order to the Washoe County Sheriff's Office.

20

THE COURT: I find that irrelevant to this

21

case. Anything else, sir?

22

MR. COUGHLIN: I don't believe the Reno

23

Justice Court responded to my subpoenas incident to

24

the State Bar hearing.

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1

THE COURT: I'm sorry?

2

MR. COUGHLIN: I subpoenaed some individuals

3

from the Reno Justice Court and as far as I know, I

4

didn't receive any response to them and the

5

individuals didn't show up at my Bar hearing.

6

THE COURT: All right.

7

Well, you can take that up with the Bar, sir.

8

MR. COUGHLIN: Well, it indicates some sort

9

of conflict.

10

THE COURT: I don't know what conflict it

11

indicates. If someone didn't show up in some separate

12

case unrelated to this one, then you have recourse in

13

that case.

14

MR. COUGHLIN: Well, just to set forth more

15

clearly my basis for asserting there may be a conflict

16

in asking the court to examine -- is that to the

17

extent that the County would face substantial

18

liability were it to have effected an improper lockout

19

based on an invalid or void eviction in that it wasn't

20

served within the amount of time required by

21

statute --

22

THE COURT: They would prosecute you for

23

stealing a cell phone because of that?

24

MR. COUGHLIN: Well, I've been arrested ten

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TRANSCRIPT OF PROCEEDINGS - 11/19/2012 Page 20 1 times this year, that's certainly out of

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1

times this year, that's certainly out of the ordinary.

2

 

THE COURT:

Yes, I agree it's out of the

3

ordinary but you're also out of the ordinary, sir.

4

 

I find no relevance, no logical connection

5

between the cases you've talked about and this case.

6

I

mean, one Reno Muni Court had absolutely nothing to

7

do with this incident, what happened there. What

8

happened with the State Bar unless this case became

9

part of it.

 

10

 

MR. COUGHLIN: It did extensively.

 

11

THE COURT: All right.

12

In that case, I refused to testify.

I was

13

requested to testify. I said that it would be

14

inappropriate for me to testify in a case before the

15

State Bar when I am deciding your guilt or innocence

16

in this case.

 

17

 

So your motion to quash or to recuse me is

18

denied, sir. Are you ready to call your witness, sir?

19

 

MR. COUGHLIN:

Yes, sir.

And, your Honor, if

20

I

could just note there was -- your Honor, I certainly

21

don't mean to go forward after you've ruled on

 

22

something, but as to the basis for the mistrial, the

23

numerous violations of the Competency Evaluation

24

stated by the prosecution this year and the court in

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1

general, is that something open for argument or?

2

THE COURT: No, it's not open for argument.

3

I've ruled on it.

4

MR. COUGHLIN: Okay.

5

And then I am sure that I don't see the Reno

6

Police Department officers here today. They were

7

appropriately served properly issued subpoenas. So I

8

believe that's a basis for a continuance.

9

THE COURT: Well, they were Subpoenas Duces

10

Tecum. I reviewed them and found that they were

11

illegible and did not specify the documents requested.

12

The one that did specify documents requested, those

13

documents were furnished to you.

14

MR. COUGHLIN: But there were ones that

15

weren't Subpoenas Duces Tecum. They were just flat

16

out show up to testify witness subpoenas.

17

THE COURT: Then call the witness and we'll

18

deal with it --

19

MR. COUGHLIN: I'll call Officer Duralde.

20

THE COURT: I'm sorry?

21

MR. COUGHLIN: I'll call Officer Duralde.

22

THE COURT: Okay.

23

Where is the subpoena?

24

MR. COUGHLIN:

I believe I had to give it to

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1

you, your Honor, and then I couldn't get it back in

2

time to serve the rest of them on Friday because I

3

called the court and asked for them but the order

4

wasn't ready, that was after delivering them to the

5

court on Wednesday I believe.

6

THE COURT:

Sir, I will allow you to come up

7

here and look at these. Mr. Young can go through them

8

one at a time.

Show them to Mr. Young as you go

9

through them because --

10

MR. COUGHLIN:

And just on that note, I don't

11

see Ms. Watson here.

12

THE COURT: I think I already called her.

13

MR. COUGHLIN: But you didn't quash her

14

subpoena, sir.

15

MR. YOUNG: Your Honor, we shouldn't have any

16

discussions at the bench. This is just for him to

17

review the subpoenas.

18

THE COURT:

This is just for you to identify

19

the subpoenas that you claim were properly issued and

20

served. I believe this might --

21

MR. YOUNG:

I would ask that we don't have

22

any conversations at the side bar, it needs to be

23

recorded.

24

THE COURT:

You, sir, just show me the

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1

subpoena that you claim was served.

2

These are the ones you've already been

3

furnished.

4

MR. COUGHLIN: You say I've been furnished

5

meaning?

6

THE COURT:

These are the ones that are

7

attached that I said were properly served, but I was

8

reserving ruling on whether or not you had proffered

9

the witness fee as required by -- these are all

10

attached to the order, sir.

11

MR. COUGHLIN:

Yes, sir, and I think I was

12

given that order this morning.

13

THE COURT:

Well, you were sent it last

14

Friday by your preferred method of service.

15

MR. COUGHLIN: I'm not seeing any of the

16

officers in here.

17

THE COURT: These are Subpoenas Duces Tecum

18

in which no documents were specified.

19

MR. COUGHLIN: That one doesn't say Subpoena

20

Duces Tecum I don't believe.

21

THE COURT: These weren't served.

22

MR. COUGHLIN: I believe they were.

23

THE COURT: There's a Subpoena Duces Tecum

24

with no documents specified.

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1

MR. COUGHLIN: There was the matter of this

2

inclusion in what was mailed was set forth all the R P

3

D case numbers that was I was requesting.

 

4

THE COURT: What about them?

5

MR. COUGHLIN: It says exactly what specific

6

documentation I'm requesting.

 

7

THE COURT:

Well, I'm sorry, sir, it's not

8

attached to this. It's not filed with the court, as

9

required by the rules, and I've already ruled on it.

10

MR. COUGHLIN: Okay.

 

11

And all these were -- well, this one wasn't

12

because I couldn't get it back from the court after

13

delivering on Wednesday one day after my State Bar

14

hearing where they were going to disbar me.

 

15

THE COURT: You didn't deliver these to the

16

court on Wednesday. They were delivered Thursday at

17

almost 5:00 o'clock. I waited for them to come in.

18

MR. COUGHLIN: Was the 14th Wednesday? I

19

know it was the day after the 14th.

 

20

THE COURT: The 15th was Thursday.

21

MR. COUGHLIN:

Okay, yes, sir.

I'm sorry, I

22

was mistaken in that regard.

23

But the R P D ones that are the Subpoenas

24

Duces Tecum ones, they would be right here. Savannah

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1

Montgomery, dispatcher, Ron Rossa and Alexa and Mr.

2

Weese, it's my understanding those were appropriately

3

served under N R S-174.345, and I've not seen any of

4

those witnesses here today. I would move for a

 

5

continuance.

6

THE COURT:

Well, where is the one for

7

Officer Duralde? The same problem, Officer Duralde is

8

not in here by the way.

 

9

MR. COUGHLIN: My understanding is that I

10

included that in the envelope. I don't want to

 

11

misspeak. I don't believe he was served the original

12

but his was on --

13

THE COURT: The bottom line is that you have

14

the right requested order to show cause if you show

15

proof and you proffered them the witness fee.

 

16

MR. COUGHLIN: Your Honor, you told me I

17

didn't have to proffer them the witness fee.

 

18

THE COURT:

I did not tell you that.

You

19

told me I told you that.

20

MR. COUGHLIN: Yes, I've asserted that under

21

oath.

22

THE COURT: Okay.

 

23

MR. COUGHLIN: And it's not been rebutted by

24

Mr. Young who was there I believe.

 

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1

THE COURT: I'm sorry?

 

2

MR. COUGHLIN: It's not been rebutted by Mr.

3

Young.

4

THE COURT:

It's been rebutted by me.

I said

5

that you had to furnish me proof by Thursday. You

6

have not, the transcript.

 

7

MR. COUGHLIN: A typed-out transcript?

8

THE COURT: No.

All you had to do was refer

9

to the line of the audio.

I told you all that.

I'm

10

not going to waste any more time.

11

MR. COUGHLIN: And earlier you asked me if I

12

had it keyed up.

If I had it keyed up now, can I show

13

it to you?

14

THE COURT:

15

If you have it keyed up, yes. Or I can show it to you later?

MR. COUGHLIN:

16

THE COURT:

You can show it to me later but

17

right now, you need to proceed with your trial, sir.

18

We've been here for almost a half hour and as far as

19

I'm concerned, you've accomplished nothing.

 

20

MR. COUGHLIN: And, your Honor, the last

21

point of issue would be that I was finally given the

22

materials that Mr. Leslie refused to give me, even

23

though he had subpoenaed them from ECOM on

 

24

October 3rd, and those materials include the dispatch

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1

recordings between Reno P D and ECOM and I believe it

2

demonstrates misconduct in that Mr. Young has asserted

3

to this court, in filings and through argument and by

4

eliciting testimony, that -- I believe it's the basis

5

for a mistrial that the information from dispatch was

6

that there was a possible fight. I have those

7

recordings. There's no indication of a possible fight

8

being communicated to the Reno P D either in the

9

dispatch log or in the recordings.

10

MR. YOUNG: I would object to that being

11

untimely, and there's no basis for it other than his

12

statements.

13

THE COURT: Well, I don't even know what he's

14

asking for so it's denied.

15

MR. COUGHLIN: I have the audio recording

16

between dispatch and the Reno P D.

17

The whole point of the suppression hearing

18

which you reserved the right to retain -- enter a

19

ruling on still is that part of the basis -- the main

20

basis for the pat down and the probable cause to do

21

the search incident to arrest is that Mr. Young had

22

repeatedly had said, possible fight, dispatch told him

23

possible fight, disturbance, possible fight and it was

24

just drilled into the record over and over again.

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1

THE COURT: That's not what I recall, sir,

2

but you'll be able to argue that, that's a fact that I

3

will need to rule on in determining your guilt or

4

innocence. So let's move on.

 

5

MR. COUGHLIN:

Yes, sir.

If I could call my

6

first witness, I'll call Austin Lichty, your Honor.

7

THE COURT: All right.

 

8

MR. COUGHLIN: Actually, I'll call Nicole

9

Watson.

10

THE COURT: Is Nicole Watson here?

11

MR. YOUNG:

She is not, your Honor.

12

THE COURT: All right.

 

13

MR. COUGHLIN:

I would move for a

14

continuance, sir.

15

THE COURT: Denied.

 

16

MR. YOUNG: Your Honor, based on the motion

17

to continue, I can't imagine what she should have to

18

offer this court that's of substance that's necessary

19

under Hillbustos. So unless I hear otherwise, I would

20

also oppose the continuance.

 

21

THE COURT: Well, the continuance is denied.

22

You did not present the proof that I requested on

23

Thursday, sir.

24

MR. COUGHLIN: With respect to witness fees?

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1

THE COURT: Yes.

 

2

MR. COUGHLIN: Oh, I offered to pay them.

3

THE COURT:

You offered to pay them. Then

4

you proffered her the witness fee?

5

MR. COUGHLIN: I couldn't verify whether or

6

not it was her on the phone.

 

7

THE COURT: No. When you delivered the

8

subpoena, sir, did the person that delivered the

9

subpoena have a check from you?

10

MR. COUGHLIN: It was mailed.

11

THE COURT: Well, did you enclose the check

12

with the mailing?

13

MR. COUGHLIN: I don't believe so.

14

THE COURT: All right.

15

Well then, sit down and call your next

16

witness.

17

MR. COUGHLIN: Yes, sir.

18

So if I can just clarify, sir, it seems like

19

you pulled aside one of the subpoenas and said you

20

were reserving ruling on those until I show you the

21

payment proof?

22

THE COURT:

Yes.

Those are the ones that I

23

-- those are the ones, based on the records, that I

24

found to be relevant, that they were properly

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1

subpoenaed with a subpoena issued by this court and

2

that they were properly served by mail. However, I

3

reserve ruling on whether or not the service was

4

completed because of the requirement that they be

5

proffered the witnesses fee.

6

All right.

So go ahead.

7

MR. COUGHLIN: That differs markedly from --

8

THE COURT: No, it doesn't differ from what I

9

told you at the last court date, sir.

I told you to

10

submit that to me by Thursday.

11

MR. YOUNG: Your Honor, you have asked Mr.

12

Coughlin no less than five times to call his first

13

witness; can we move on.

It's quarter to 10:00. This

14

is taking a while.

15

THE COURT: All right.

16

Go ahead.

17

MR. COUGHLIN: Yes, sir, I'll call Austin

18

Lichty.

19

THE COURT: All right.

20

Mr. Lichty, will you come up.

21

MR. YOUNG:

Your Honor, if I recall

22

correctly, the rule of exclusion had been invoked at

23

the last hearing so before we take testimony.

24

THE COURT:

I would ask that all of you who

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1

are subpoenaed to testify, if you'll wait outside. Do

2

not discuss the case amongst yourself or with anyone

3

else until called to testify, all right, and if you

4

were subpoenaed, you do need to wait here.

 

5

MR. COUGHLIN:

Maybe I don't have a right to

6

do this, sir.

If that's the case, I don't mean to ask

7

it but to the extent that a witnesses' family remain

8

in the courtroom, it would seem to --

 

9

MR. YOUNG: I oppose that, your Honor.

10

THE COURT: All right.

 

11

It's been opposed. He has the right to

12

invoke the right of exclusion as well, the rule of

13

exclusion. So come up here, sir.

 

14

MR. COUGHLIN: And I'll invoke the rule of

15

exclusion.

16

THE COURT: It's already been invoked. You

17

said you didn't want to invoke it.

 

18

MR. COUGHLIN:

No, I didn't.

I said I wanted

19

everyone who isn't testifying to leave the courtroom.

20

MR. YOUNG: And that has been done.

 

21

THE COURT: All right.

22

MR. COUGHLIN: And their family members.

23

MR. YOUNG: I would oppose that.

There's no

24

basis in law for that.

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Page 32

1

 

THE COURT: Please raise your right hand.

2

(The witness was sworn.)

3

THE COURT: Sir, unless someone is subpoenaed,

4

you can't force them to remain in the courtroom.

 

5

 

MR. COUGHLIN: No, to leave the courtroom.

6

THE COURT:

You can force them to leave the

7

courtroom under the rule of exclusion.

 

8

 

MR. COUGHLIN: And that's what I attempted to

9

do, sir.

10

 

THE COURT: Well, everyone who is a witness

11

in this case has been requested to leave and they all

12

have.

13

 

MR. COUGHLIN:

And I was just saying to the

14

extent that if their family remains, it -- (inaudible)

15

the import of the rule of exclusion to the extent that

16

they're able to report on it rather easily.

 

17

 

MR. YOUNG: Your Honor, again, I oppose it.

18

I think you've ruled on it.

 

19

 

THE COURT: It doesn't really matter. They

20

have the free will to stay or leave if they wish.

If

21

they've chosen to leave, you cannot force them to

22

stay.

23

 

Go ahead, sir.

24

 

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Page 33

1

 

AUSTIN LICHTY EXAMINATION

 

2

3

BY MR. COUGHLIN:

 

4

Q

Yes, sir.

5

Good morning, Mr. Lichty. Thank you for

6

appearing today.

 

7

 

THE COURT: Oh wait, sir, would you spell

8

your first and last name for the record?

 

9

 

THE WITNESS:

Austin, A U S T I N.

Lichty, L

10

I C H T Y.

11

 

MR. COUGHLIN:

Has he been sworn, I may have

12

missed it?

13

 

THE COURT:

Yes.

He was sworn.

You were

14

sworn right, sir?

15

 

THE WITNESS: Yes.

 

16

THE COURT: Go ahead.

17

MR. COUGHLIN: Your Honor, I believe you

18

stated it was all right if I remain seated at times?

19

 

THE COURT: That's fine.

 

20

BY MR. COUGHLIN:

 

21

Q

All right.

22

Mr. Lichty, can you indicate what your date

23

of birth is, please?

 

24

 

MR. YOUNG: Objection, your Honor, relevance.

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Page 34

1

 

MR. COUGHLIN: Your Honor, I believe it goes

2

to relevancy is that Mr. Lichty is heard on the 911

3

tapes exclaiming that because he was17 years old that

4

he could do --

 

5

 

THE COURT:

If you ask him how old he was, I

6

will sustain the objection since that is a privileged

7

date and can be used in a public record, social

8

security number, date of birth, but you can certainly

9

ask him how old he was when the call was made.

10

 

MR. COUGHLIN: Yes, sir, your Honor. Thank

11

you.

12

 

THE COURT:

The age, not the date of birth.

13

BY MR. COUGHLIN:

14

Q

Mr. Lichty, on August 20, 2011, how old were

15

you?

16

A

I was 18.

17

Q

You were 18, did you say something otherwise

18

on that date?

 

19

A

I don't remember.

20

MR. YOUNG: Your Honor, objection to that.

21

THE COURT: What's the objection?

22

MR. YOUNG: Did you say something otherwise,

23

I don't even understand what that question means, it's

24

too broad.

 

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Page 35

1

 

MR. COUGHLIN: Your Honor, an offer of proof

2

of would be --

 

3

 

THE COURT: Then ask him specifically what it

4

is, not otherwise, did you say verbatim what he said.

5

BY MR. COUGHLIN:

 

6

Q

Did you say you were younger than 18 on that

7

date?

8

A

My life felt threatened, so yes, I did.

9

Q

Okay.

10

Can you explain why your life felt

11

threatened?

 

12

A

Because you were stealing from us and talking

13

very bad to us saying all this stuff.

This was a

14

while ago. I don't remember exactly what you were

15

saying, but you were being very rude to us and you

16

were stealing stuff from my friend.

 

17

Q And your life felt threatened?

18

A Because you're an adult and I was still just

19

a kid.

I may have been 18 but I was still a kid.

20

Q

So when you were 18, did you feel threatened

21

-- did you feel your life was threatened in the

22

presence of any adult?

 

23

A

To be honest, I still feel threatened sitting

24

in here with you.

 

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Page 36

1

Q Why is that?

 

2

A Because you're just this weird guy that keeps

3

calling me. You harass me.

 

4

Do you want to talk about Starbucks how you

5

told me you were my basketball coach?

 

6

THE COURT: I'm sorry, I didn't hear what you

7

said.

8

THE WITNESS: Okay. Well, this happened like

9

two --

10

THE COURT:

No, no, I didn't hear what you

11

said.

12

MR. COUGHLIN: Objection, your Honor,

13

non-responsive. Maybe it is responsive, actually. I

14

kind of opened the door to it.

 

15

THE COURT:

What I asked you to do, sir, was

16

repeat what you had already said. You said something

17

about you felt threatened by him and that he was

18

calling you constantly and then you said something

19

else.

20

THE WITNESS: I felt harassed.

21

THE COURT: What's your question?

22

MR. COUGHLIN: I'm sorry, your Honor, is it

23

all right to record the proceedings?

 

24

THE COURT:

No, it's not.

We have a

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1

recording.

2

 

MR. COUGHLIN:

But I'll be able to get a

3

recording of the proceedings?

4

 

THE COURT: I'll provide you with an audio

5

recording, not a transcript.

6

 

MR. COUGHLIN:

Thank you, sir, and due to my

7

indigency -- my indigency remains sir, so the similar

8

arrangement that's been in place --

9

 

THE COURT:

I will waive the cost of an audio

10

recording, but everything has to be done specifically.

11