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Alleged failure to report
Positions: Unknown position, - Mission:
no
Alleged:
1 victim, 
Criminal case(s): Unknown result, 
Alleged church actions: Excommunicated, - AKA Doug Lovell
updated Oct 3, 2026 - request update | add info
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FLOODLIT is working on an update to Doug Lovell’s case report.
Quotes from sources below:
“Douglas Lovell had murdered Joyce Yost to prevent her from testifying against him in a 1985 sexual assault case.”
“Lovell claims The Church of Jesus Christ of Latter-day Saints meddled in his 2015 trial.”
“A former Latter-day Saint bishop who worked in the prison, John “Jack” Newton, said at the 2019 hearing that church leadership suggested it would be preferable if he did not testify on behalf of Lovell at the 2015 trial.”
“It was Kirton McConkie (church’s law firm) doing their job representing ecclesiastical leaders for the church, former bishops,” attorney Mark Field, an appellate lawyer in the Utah Attorney General’s Office representing the state, told the Deseret News. “There was nothing strange about any of that.”
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Sources
- Judge rejects Utah death row inmate’s claims against attorney, church meddling,
- Secret Recording Broke Open Joyce Yost Murder Case,
- ‘Cold’: Douglas Lovell’s actions deprive Joyce Yost’s family of time, memories with her,
- LDS church rejects claim it meddled in death row case,
- STATE OF UTAH vs. DOUGLAS ANDERSON LOVELL CASE NUMBER 851704954,
- STATE OF UTAH vs. DOUGLAS A LOVELL CASE NUMBER 921001527,
- STATE OF UTAH vs. DOUGLAS A LOVELL CASE NUMBER 921900407,
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1. Judge rejects Utah death row inmate’s claims against attorney, church meddling
SALT LAKE CITY — A judge in Ogden has rejected an ineffective counsel argument from a death row inmate appealing his second death sentence, a decision that now goes to the Utah Supreme Court for review.
Douglas Lovell, 63, contends one of his former lawyers failed to properly prepare witnesses and didn’t object when Lovell claims The Church of Jesus Christ of Latter-day Saints meddled in his 2015 trial.
Second District Judge Michael DiReda rejected both claims.
SALT LAKE CITY — A judge in Ogden has rejected an ineffective counsel argument from a death row inmate appealing his second death sentence, a decision that now goes to the Utah Supreme Court for review.
Douglas Lovell, 63, contends one of his former lawyers failed to properly prepare witnesses and didn’t object when Lovell claims The Church of Jesus Christ of Latter-day Saints meddled in his 2015 trial.
Second District Judge Michael DiReda rejected both claims.
Lovell, of Clearfield, pleaded guilty to killing Joyce Yost in 1985 to prevent her from testifying after he had been charged with raping her. He was sentenced to die for the same crimes in 1993.
After years of appeals, the Utah Supreme Court allowed Lovell to withdraw that guilty plea. A jury convicted him of murder and sentenced him to die in 2015, but Lovell now contends his legal representation at the trial wasn’t up to par.
The state’s high court directed DiReda to hold further hearings and determine if Lovell’s attorneys did their jobs properly and if the church asked ecclesiastical leaders to not testify in his case.
DiReda rejected both claims in his 168-page decision issued last month. He wrote “it is clear” that attorney Sean Young wasn’t deficient in representing Lovell.
Lovell’s legal team has said the attorney was assigned to get in touch with 18 witnesses to testify, but only contacted two — a claim DiReda said was overstated.
Many witnesses either caused serious concerns for the defense strategy, weren’t tied to Young’s duties, or another attorney or Lovell himself made the decision not to have them testify, DiReda found.
A former Latter-day Saint bishop who worked in the prison, John “Jack” Newton, said at the 2019 hearing that church leadership suggested it would be preferable if he did not testify on behalf of Lovell at the 2015 trial.
View CommentsDiReda determined the church hadn’t meddled in the case. He wrote that Lovell agreed to call only three of the five ecclesiastical leaders he’d originally sought to have testify after lawyers representing them had threatened to file a motion to quash subpoenas if all five were called to take the stand.
“It was Kirton McConkie (church’s law firm) doing their job representing ecclesiastical leaders for the church, former bishops,” attorney Mark Field, an appellate lawyer in the Utah Attorney General’s Office representing the state, told the Deseret News. “There was nothing strange about any of that.”
Those who did testify said the attorneys didn’t try to prevent them from doing so, or tell them what to say.
Additional hearings in the case have not yet been set.
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2. Secret Recording Broke Open Joyce Yost Murder Case
SOUTH OGDEN, Utah — An audio recording that captured a killer’s unwitting confession and broke open a murder case after years of inaction is coming to light in the latest episode of the KSL podcast COLD.
The recording was the pivotal piece of evidence that confirmed what police had believed for years, but which they’d been unable to prove: Douglas Lovell had murdered Joyce Yost to prevent her from testifying against him in a 1985 sexual assault case.
“I committed a first-degree felony to cover another felony. It’s the death penalty,” Lovell said on the recording.
Joyce Yost’s, who disappeared on August 10, 1985, is seen here at sky bridge over Washington Boulevard that once linked the ZCMI department store with the Ogden City Mall. (Photo: Joyce Yost family)
Only a few snippets of the recording have previously been shared publicly, presented as evidence in court to establish Lovell’s guilt. Those clips clearly showed Lovell understood the gravity of what he’d done, as well as the consequences if he were to be convicted.
“I premeditated,” Lovell said. “I planned to end Joyce’s life. That’s premeditated capital homicide.”
The more than hour-long recording also includes many other revealing passages that have never before been made public. COLD obtained a complete copy of the recording by way of a public records request. It is featured in the newly-released sixth episode of the podcast’s second season.
Doug Lovell’s ParanoiaLovell’s ex-wife, Rhonda Buttars, made the recording on behalf of police during a visit to the Utah State Prison on June 16, 1991. It revealed Lovell as a man who was, at the time, confident he could not be convicted of Yost’s murder unless police found her body. Lovell was also paranoid his ex-wife might turn against him.
“I want to know straight up,” Lovell asked Buttars, “if, you know, worse gets bad, I mean, and it could get heavy Rhonda, are you gonna ever testify against me?”
This May 11, 1985 image shows Rhonda Lovell, née Buttars, in the Deep Creek Mountains near Callao, Utah. Her husband, Douglas Lovell, had gone to the mountains to bury a cache of stolen guns. (Photo: Weber County Attorney’s Office)
Lovell and Buttars were married but separated at the time Lovell raped and kidnapped Joyce Yost. Buttars divorced Lovell in 1989, after he lost an appeal of his conviction and sentence in the sexual assault case.
Buttars began cooperating with South Ogden police detective Terry Carpenter in April of 1991, providing an account of how her former husband had crept into Yost’s apartment on the night of August 10, 1985 and killed her.
Buttars did not respond to COLD’s request for an interview. She’d told police in April of 1991 that Lovell had taken Yost “up by Causey” Reservoir, stomped on Yost’s neck and then left her body there. Yost’s remains have never been located.
No-Body Homicide Investigation
Carpenter had first visited Lovell at the Utah State Prison in May of 1991, less than a month before the wire recording. At that time, Carpenter had told Lovell he was working to secure a capital homicide charge against him, but would be willing to take the death penalty off the table if Lovell cooperated and returned Yost’s remains.
“When Carpenter was down here, one of the first things he talked about was, he says, ‘Doug, we want to get the body back to the family,’” Lovell said to Buttars in the later recording. “They have no body.”
In the weeks that followed Carpenter’s visit, Lovell made repeated phone calls to Buttars. Recordings of those phone calls, also obtained by COLD, show Lovell was concerned someone might have shared incriminating information with police. Lovell urged Buttars to visit him at the prison so they could speak about the issue in private.
A Private ConversationButtars wore two separate microphones during the prison visit. One, concealed in a bra strap, included a transmitter that allowed Carpenter to monitor the conversation in real time. The second microphone was connected to a recording device strapped to Buttars’ thigh.
Buttars met Lovell in a visiting area on the prison grounds. Carpenter watched, unnoticed by Lovell, from a second-floor observation area.
“I’m able to be up above them and looking down into the room that they’re in,” Carpenter said during an April 2021 interview. “There’s a couple of times that Doug would try to put his arm around her and she’d slap his arm away and he’d try to reach over and put his arm on her leg and she’d slap it away.”
Former South Ogden police Sgt. Terry Carpenter offered recollections of his interactions with Rhonda Buttars during an interview for the KSL podcast COLD. (Photo: Tanner Siegworth, KSL TV)
The audio captured by the recording device was at times muffled or obscured by the sound of children using nearby playground equipment. Portions, including one in which Lovell appears poised to mention the location of Yost’s body, remain unintelligible even after advanced audio filtering and noise reduction.
Inaudible Evidence
The recorder did accurately capture portions of the conversation where Lovell described lying to his therapist, attempting to plant a seed of doubt that someone else might have killed Yost on his behalf.
He also told Buttars he’d conceded he would not win an appeal of his conviction for having sexually assaulting Yost.
“I’m guilty,” Lovell said. “I’ve accepted that. I’m never going to have a new trial and I’m never going to get out on that.
This portion of a typed transcript prepared by former South Ogden police Sgt. Terry Carpenter is based on an audio recording of Rhonda Buttars and Douglas Lovell at the Utah State Prison on June 16, 1991. The highlighted portion, where Lovell appears to be referencing the location of Joyce Yost’s body, includes (UND) to indicate the audio is undecipherable.
Lovell at the time believed changes at the Utah Board of Pardons and Parole would provide him an opportunity to eventually leave custody without having to answer questions about Yost’s suspected murder.
“Even though a lot of people suspect that I had something to do with Joyce’s disappearance, when I go in front of the board they can never ask me about that,” Lovell said.
Rhonda Buttars’ DeceptionButtars repeatedly told Lovell she feared she might be arrested in connection with Yost’s disappearance. This was a ploy, as she had already received a promise of immunity in exchange for her cooperation.
Lovell attempted to reassure Buttars by promising to have his family pay her bail if she were arrested, even offering to use money from his recently deceased mother’s life insurance policy if necessary.
“I don’t care if the bail’s $50,000 or $100,000,” Lovell said. “We’ll get you out.”
Buttars told Lovell the situation reminded her of her previous arrest. South Ogden police had in March of 1986 picked Buttars up on a poaching warrant. They had questioned her at that time about the Joyce Yost case. She had maintained she knew nothing about it.
“I wish you wouldn’t have talked to them ‘cause what you said to them then has got to stick now,” Lovell said.
Listen to the Full EpisodeSeason 2 of the COLD podcast will take you inside the no-body homicide investigation triggered by Yost’s disappearance. Audio tapes never before made public will allow you to hear Yost, in her own voice, describe the events which preceded her death.
You will learn why police suspected one man, Douglas Lovell, yet were unable to arrest him at the time. And you will see how some individuals and institutions gave — and continue to give — Lovell every opportunity to evade the ultimate penalty.
Hear Joyce Yost’s voice for the first time in the COLD podcast season 2, available to listen free on Amazon Music.
Free resources and help with sexual abuse are available 24/7 at RAINN.org. You can also call 800-856-HOPE (4673).
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3. ‘Cold’: Douglas Lovell’s actions deprive Joyce Yost’s family of time, memories with her
When Douglas Lovell raped Joyce Yost, he set in motion a sequence of events that would forever deprive Yost’s children and grandchildren of the opportunity to share their lives with her.
“His decision that night in April of ’85 altered my life forever, and my family’s,” Yost’s daughter Kim Salazar said in an interview for KSL’s investigative podcast series “Cold.”
The show’s second season details the Joyce Yost case, beginning with Lovell’s sexual assault of Yost and his subsequent murder of her in August of 1985.
Salazar had three children at that point: 4-year-old Melisa, 3-year-old Melanie and 22-month-old Michael.
“My oldest daughter’s really the only one that has any real memories of her,” Salazar said.
Related
Corpus delicti: ‘Cold’ Season 2 launches with focus on Joyce Yost
‘Cold’: How police built a capital murder case against Douglas Lovell for the killing of Joyce Yost
Doug Lovell’s 2015 trialLovell had killed Yost to prevent her from testifying against him in the rape trial. A jury convicted him of aggravated sexual assault even in Yost’s absence and a judge sentenced him to a sentence of 15 years to life. Six years later, the Weber County Attorney’s Office charged Lovell with capital homicide for killing Yost, having obtained a surreptitious recording of Lovell confessing to the crime.
Lovell subsequently pleaded guilty in June of 1993, in an effort to avoid the death penalty. He received a death sentence anyhow and spent the next 17 years attempting to withdraw his guilty plea through a series of appeals. The Utah Supreme Court in 2010 overturned his sentence, setting the stage for Lovell to stand trial.
That trial took place in 2015, a full 30 years after the initial rape. Yost’s grandchildren, by then adults, were able to attend. They for the first time heard graphic details of Lovell’s rape and murder of their grandmother.
“In a much different light than they heard it all their lives growing up,” Salazar said. “They’re hearing it raw in a courtroom. It wasn’t censored, it wasn’t filtered.”
Victim impactSalazar’s daughters, Melisa and Melanie, provided victim impact statements during the trial’s penalty phase after the jury had found Lovell guilty of capital homicide. They were able to say from the witness stand how Lovell’s actions had altered their lives.
“I’ve talked to one of the jurors afterward,” Yost’s son Greg Roberts said. “It had a big impact.”
Roberts did not have children of his own at the time of his mother’s murder. He was out of state attending dental school in 1985 and did not start a family of his own until years later.
“I miss terribly that my kids couldn’t know her and get a bigger piece of her growing up,” Roberts said. “She was so much the glue in the center of our family.”
Roberts brought his 10-year-old son Austin to the trial in 2015. Utah 2nd District Court Judge Michael DiReda, who was presiding over the trial, took notice and interrupted prosecutor Chris Shaw’s closing statement.
“I am uncomfortable having your son in the courtroom when Mr. Shaw begins discussing details of the rape, of the homicide and other aspects of this case that quite honestly I just, and maybe I’m unique in this respect, but I just think it’s inappropriate for him to be privy to those details,” DiReda said in court.
Roberts agreed to remove his son from the courtroom. He later called it a “nice gesture” on the part of the judge to protect his son from exposure to the potentially graphic details of Lovell’s crimes.
“I didn’t even think twice about it,” Roberts said. “To some degree I want my kids to — they weren’t even born when all this happened to Joyce — so I want them to kind of make it more concrete and deal with the reality of it.”
Doug Lovell declines allocutionThe court provided Lovell an opportunity to make an allocution statement. Allocution is an opportunity for a convicted defendant to speak to the court, and to the victims of the crime, prior to sentencing.
Lovell hoped to avoid the death penalty by convincing the jury he felt remorse for what he’d done to Yost 30 years prior. Making an allocution statement, in which he could apologize to Yost’s children and grandchildren, would have been one means of showing that remorse to the jurors. Lovell opted to not make an allocution statement.
The lead defense attorney on Lovell’s case during the 2015 trial, Weber County public defender Michael Bouwhuis, spoke to KSL’s podcast “Talking Cold.” Bouwhuis described reading Lovell’s account of the murder as he prepared for the trial.
“The first time I read that, it had an impact on me. It was chilling,” Bouwhuis said.
Bouwhuis said he advised the other members of the defense team not to lose sight of the facts of what happened to Yost, because the jurors would likely react to Yost’s story in a similar fashion.
“It’s easy when you’re in a case and you’re dealing with a thousand different things to sort of get detached from that and not really understand the emotional impact that that set of facts could have on a person,” Bouwhuis said.
The jury ultimately sentenced Lovell to death. Lovell then appealed, arguing ineffective assistance of counsel. That appeal is currently pending oral argument before the Utah Supreme Court.
Listen to the full episode
View CommentsSeason 2 of the “Cold” podcast will take you inside the no-body homicide investigation triggered by Yost’s disappearance. Audio tapes never before made public will allow you to hear Yost, in her own voice, describe the events which preceded her death.
You will learn why police suspected one man, Douglas Lovell, yet were unable to arrest him at the time. And you will see how some individuals and institutions gave — and continue to give — Lovell every opportunity to evade the ultimate penalty.
Hear Joyce Yost’s voice for the first time in the podcast, available to listen free on Amazon Music.
Free resources and help with sexual abuse are available 24/7 at RAINN.org. You can also call 800-856-HOPE (4673).
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4. LDS church rejects claim it meddled in death row case
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5. STATE OF UTAH vs. DOUGLAS ANDERSON LOVELL CASE NUMBER 851704954
SECOND JUDICIAL DISTRICT - FARMINGTON DISTRICT COURT
DAVIS COUNTY, STATE OF UTAH
STATE OF UTAH vs. DOUGLAS ANDERSON LOVELL
CASE NUMBER 851704954 State FelonyCHARGES
Charge 1 - 76-5-302 - AGGRAVATED KIDNAPING - 1st Degree Felony
Offense Date: April 04, 1985
Plea: June 26, 1985 Not Guilty
Disposition: December 13, 1985 Guilty - Jury
Charge 2 - 76-5-405 - AGGRAVATED SEXUAL ASSAULT - 1st Degree Felony
Offense Date: April 04, 1985
Plea: June 26, 1985 Not Guilty
Disposition: December 13, 1985 Guilty - Jury
CURRENT ASSIGNED JUDGE
DAVID CONNORS
PARTIES
Plaintiff - STATE OF UTAH
Defendant - DOUGLAS ANDERSON LOVELL
DEFENDANT INFORMATION
Defendant Name: DOUGLAS ANDERSON LOVELL
Offense Tracking Number: 289062
Date of Birth: January 13, 1958
Law Enforcement Agency: DAVIS COUNTY ATTY
Prosecuting Agency: DAVIS COUNTY
Violation Date: 04-04-1985
ACCOUNT SUMMARY
Total Revenue Amount Due: 67.00
Amount Paid: 67.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 12.00
Amount Paid: 12.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: POSTAGE-COPIES
Amount Due: 3.00
Amount Paid: 3.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
10-03-2026 07:12 PM Page 1 of 3
Amount Due: 5.25
Amount Paid: 5.25
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 41.75
Amount Paid: 41.75
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: TELEPHONE/FAX/EMAIL
Amount Due: 5.00
Amount Paid: 5.00
Amount Credit: 0.00
Balance: 0.00
CASE NOTE
PROCEEDINGS
DATE SEQ EVENT
06-14-1985 Information filed
06-14-1985 Judge RODNEY S. PAGE assigned.
06-26-1985 Note: Chrg: 76-5-302 Plea: Not Guilty Find: Guilty - Jury
06-26-1985 Note: Chrg: 76-5-405 Plea: Not Guilty Find: Guilty - Jury
12-13-1985 Note: Entered case disposition of: Closed
09-17-1991 Note: *MOTIN*MOTION REQUESTING REIGHT TO REVIEW
09-17-1991 Note: PRESENTENCE REPORT
09-17-1991 Note: *NOTHR*NOTICE OF HEARING RE: APPELIATE COUNSELS
09-17-1991 Note: REQUEST TO REVIEW PRESENTENCE REPORT -
09-17-1991 Note: SEPT.24,91 - 2:00
09-17-1991 scheduled on September 24, 1991 at 02:00 PM inCourtroom 1 with Judge RODNEY S. PAGE
09-27-1991 Note: *ENTRY*M.E. 9-24-91
10-02-1991 Note: *ORDER*ORDER GRANTING COUNSEL PRIVILEGE TO
10-02-1991 Note: REVIEW PRESENTENCE REPORT
04-22-1992 Note: *DOC *LETTER FROM DOUGLAS LOVELL
06-06-2001 Fee Account created Total Due: 12.00
06-06-2001 Fee Account created Total Due: 3.00
06-06-2001 COPY FEE Payment Received: 12.00
06-06-2001 POSTAGE-COPIES Payment Received: 3.00
Note: POSTAGE-COPIES; Mail Payment;
06-22-2001 Fee Account created Total Due: 5.25
06-22-2001 COPY FEE Payment Received: 5.25
Note: Mail Payment;
01-15-2010 Judge DAVID CONNORS assigned.
02-27-2020 1 Filed: Case File
03-09-2023 Fee Account created Total Due: 41.75
03-09-2023 COPY FEE Payment Received: 41.75
04-11-2025 2 Filed: Manual Email: Case File
10-03-2026 07:12 PM Page 2 of
CASE NUMBER: 851704954 State Felony3
04-11-2025 Fee Account created Total Due: 5.00
04-11-2025 TELEPHONE/FAX/EMAIL Payment Received: 5.00
Note: TELEPHONE/FAX/EMAIL
10-03-2026 07:12 PM Page 3 of
CASE NUMBER: 851704954 State Felony3 -
6. STATE OF UTAH vs. DOUGLAS A LOVELL CASE NUMBER 921001527
SECOND JUDICIAL DISTRICT - OGDEN DISTRICT COURT
WEBER COUNTY, STATE OF UTAH
STATE OF UTAH vs. DOUGLAS A LOVELL
CASE NUMBER 921001527 State FelonyCHARGES
Charge 1 - 76-5-202 - AGGRAVATED MURDER - Capital
Offense Date: August 11, 1985
Disposition: July 28, 1992 Bound Over District
Charge 2 - 76-5-302 - AGGRAVATED KIDNAPING - 1st Degree Felony
Offense Date: August 11, 1985
Disposition: July 28, 1992 Bound Over District
Charge 3 - 76-6-203 - AGGRAVATED BURGLARY - 1st Degree Felony
Offense Date: August 11, 1985
Disposition: July 28, 1992 Bound Over District
CURRENT ASSIGNED JUDGE
PARLEY R. BALDWIN
PARTIES
Plaintiff - STATE OF UTAH
Defendant - DOUGLAS A LOVELL
Represented by: STATE PUBLIC DEFENDER
DEFENDANT INFORMATION
Defendant Name: DOUGLAS A LOVELL
Offense Tracking Number: 576365
Date of Birth: January 13, 1958
Law Enforcement Agency: WEBER COUNTY ATTY
Prosecuting Agency: WEBER COUNTY
Violation Date: 08-11-1985
ACCOUNT SUMMARY
Total Revenue Amount Due: 3.25
Amount Paid: 3.25
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 3.25
Amount Paid: 3.25
Amount Credit: 0.00
Balance: 0.00
CASE NOTE
PROCEEDINGS
10-03-2026 07:12 PM Page 1 of 3
DATE SEQ EVENT
05-15-1992 Information filed
05-15-1992 Judge PARLEY R. BALDWIN assigned.
05-15-1992 Note: DEF SERVED WITH SUMMONS TO APPEAR FOR ARR ON 5/20/92 8:45AM
05-15-1992 scheduled on May 20, 1992 at 08:45 AM in 2nd FloorNorthwest with
05-20-1992 Note: Fel Arraignment JUDGE: PARLEY R. BALDWIN
05-20-1992 Note: TAPE: V44 COUNT: 104
05-20-1992 Note: ATD: CAINE, JOHN PDA PRO: RICHARDS, REED
05-20-1992 Note: Deft is present
05-20-1992 Note: Deft advised of rights
05-20-1992 Note: Information was read in court
05-20-1992 Note: CUSTODY: Dept of Corrections
05-20-1992 Note: DEF QUALIFIES FOR PDA SERVICES - JOHN CAINE REPRESENTS HE WILL
05-20-1992 Note: BE HANDLING THIS CASE - PRELIM SET 7/16/92 - PDA MOTIONS COURT
05-20-1992 Note: TO HAVE A COURT REPORTER AT THE PRELIM - GRANTED -
05-20-1992 Note: -
05-26-1992 Note: -
05-26-1992 Note: ALENE STRINGHAM WILL CONTACT A COURT REPORTER TO BE PRESENTFOR
05-26-1992 Note: THE PRELIMINARY HEARING.
06-03-1992 Note: * JUDGE BALDWIN WILL BE IN DISTRICT COURT ON 16TH AND REQUEST
06-03-1992 Note: THIS BE CONT TO 7-23-92 - COUNTY ATTORNEY NOTIFIED AND JOHN
06-03-1992 Note: CAINE'S OFFICE NOTIFIED
06-03-1992 scheduled on June 18, 1992 at 09:00 AM with JudgePARLEY R. BALDWIN
06-04-1992 Note: ** TALKED TO JOHN CAINE'S OFFICE AND PRELIM CAN BE HEARD ON
06-04-1992 Note: 8-6-92 - JUDGE PRB WILL BE IN DISTRICT COURT ON 7-23-92
06-18-1992 Note: -
06-18-1992 Note: B116/1030 JUDGE: SMJ ATP: MD ATD & DEF NOT PRESENT
06-18-1992 Note: NOTICE OF SETTING AGREEABLE TO STATE
06-24-1992 Note: * REQUEST MADE BY COUNTY ATTORNEY TO CONTINUE PRELIM - GRANTED
06-24-1992 Note: NOTICE OF SETTING ON 6-25-92 CALENDAR
06-26-1992 Note: * REQUEST MADE TO HEAR PRELIM EARLIER - PRELIM SET EARLIER
06-26-1992 scheduled on July 28, 1992 at 09:30 AM with JudgePARLEY R. BALDWIN
06-26-1992 Note: ** ALENE CONTACTED FOR COURT REPORTER TO BE PRESENT
06-30-1992 Note: * WHEN DEF IS TRANSPORTED TO WC JAIL HE NEEDS BOOKED ONCHARGES
07-09-1992 scheduled on July 09, 1992 at 09:00 AM with JudgePARLEY R. BALDWIN
07-28-1992 Note: -
07-28-1992 Note: B133/145 B134/1 B135/1 JUDGE: PRB ATP: RICHARDS, R &
07-28-1992 Note: DAINES, B ATD: PDA - CAINE, J DEF: PRESENT
07-28-1992 Note: PRELIMINARY HEARING HELD - EXCLUSIONARY RULE ENVOKED
07-28-1992 Note: TESTIMONY TAKEN - EXHIBITS RECEIVED AND WITHDRAWN
07-28-1992 Note: COURT FINDS PROBABLE CAUSE TO BIND DEF OVER TO DISTRICT COURT
07-28-1992 Note: FOR ARRAIGNMENT:
07-28-1992 Note: BOUND OVER TO JUDGE STANTON TAYLOR
07-28-1992 Note: ARR: 08-10-92 @ 2:00 PM
07-28-1992 Note: -
07-28-1992 Note: Chrg: 76-5-202 Find: Bound Over District
07-28-1992 Note: Chrg: 76-5-302 Find: Bound Over District
10-03-2026 07:12 PM Page 2 of
CASE NUMBER: 921001527 State Felony3
07-28-1992 Note: Chrg: 76-6-203 Find: Bound Over District
07-28-1992 Note: Entered case disposition of: Transferred
07-29-1992 Note: Court reporter at the preliminary hearing was James Jones.Hearing transcripted on 7/28/92 with 226 pages.
11-20-1997 Fee Account created Total Due: 3.25
11-20-1997 COPY FEE Payment Received: 3.25
Note: COPY FEE
10-03-2026 07:12 PM Page 3 of
CASE NUMBER: 921001527 State Felony3 -
7. STATE OF UTAH vs. DOUGLAS A LOVELL CASE NUMBER 921900407
SECOND JUDICIAL DISTRICT - OGDEN DISTRICT COURT
WEBER COUNTY, STATE OF UTAH
APPEALED: CASE # 20150632
STATE OF UTAH vs. DOUGLAS A LOVELL
CASE NUMBER 921900407 State FelonyCHARGES
Charge 1 - 76-5-202 - AGGRAVATED MURDER - Capital
Offense Date: August 11, 1985
Plea: August 16, 2011 Not Guilty
Disposition: March 18, 2015 GuiltyCURRENT ASSIGNED JUDGE
MICHAEL D DIREDA
PARTIES
Plaintiff - STATE OF UTAH
Represented by: BRANDEN MILES
Represented by: CLARK HARMS
Represented by: THOMAS PEDERSEN
Defendant - DOUGLAS A LOVELL
Represented by: STATE PUBLIC DEFENDER
Represented by: DAVID FERGUSON
Represented by: JONATHAN NISH
Intervenor - .
Other Party - HEIDI NESTEL
DEFENDANT INFORMATION
Defendant Name: DOUGLAS A LOVELL
Offense Tracking Number: 576365
Date of Birth: January 13, 1958
Law Enforcement Agency: WEBER COUNTY SHERIFF
Prosecuting Agency: WEBER COUNTY
Arrest Date: July 28, 1992
Violation Date: 08-11-1985
ACCOUNT SUMMARY
Total Revenue Amount Due: 3,009.43
Amount Paid: 3,009.43
Amount Credit: 0.00
Balance: 0.00
Trust Totals:
Trust Due: 27.50
Amount Paid: 27.50
Amount Credit: 0.00
Trust Balance Due: 0.00
REVENUE DETAIL - TYPE: MISCELLANEOUS FEE
Amount Paid: 6.00
10-03-2026 07:13 PM Page 1 of259
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 3.50
Amount Paid: 3.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 3.50
Amount Paid: 3.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 34.75
Amount Paid: 34.75
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 15.00
Amount Paid: 15.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Original Amount Due: 230.00
Amended Amount Due: 199.50
Amount Paid: 199.50
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2001-09-27 -30.50 Overpayment of $27.50, and
needed $3.00 to go for postage.
TRUST DETAIL
Trust Description: Other Trust
Recipient: DOUGLAS A LOVELLL
Amount Due: 27.50
Paid In: 27.50
Paid Out: 27.50
REVENUE DETAIL - TYPE: POSTAGE-COPIES
Amount Due: 3.00
Amount Paid: 3.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 28.00
10-03-2026 07:13 PM Page 2 of
CASE NUMBER: 921900407 State Felony259
Amount Paid: 28.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 2.25
Amount Paid: 2.25
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 31.50
Amount Paid: 31.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 150.00
Amount Paid: 150.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 11.00
Amount Paid: 11.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 2.00
Amount Paid: 2.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 1,172.00
Amount Paid: 1,172.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 0.75
Amount Paid: 0.75
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Original Amount Due: 133.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
10-03-2026 07:13 PM Page 3 of
CASE NUMBER: 921900407 State Felony259
Account Adjustments Sum To Date Amount Reason
2006-05-24 -133.00 Reversal of transaction which
created the account.
REVENUE DETAIL - TYPE: COURT COSTS
Original Amount Due: 2.31
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2006-05-24 -2.31 Reversal of transaction which
created the account.
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 133.00
Amount Paid: 133.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: POSTAGE-COPIES
Amount Due: 2.31
Amount Paid: 2.31
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 339.50
Amount Paid: 339.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 266.00
Amount Paid: 266.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: REPORTER FEES
Amount Due: 50.48
Amount Paid: 50.48
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2007-10-31 0.00 Postage receipted as reporter
fees
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 0.75
Amount Paid: 0.75
Amount Credit: 0.00
Balance: 0.00
10-03-2026 07:13 PM Page 4 of
CASE NUMBER: 921900407 State Felony259
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 8.25
Amount Paid: 8.25
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Original Amount Due: 3.75
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2013-03-25 -3.75 Reversal of transaction which
created the account.
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 3.75
Amount Paid: 3.75
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 6.50
Amount Paid: 6.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2019-10-02 -10.00 Error
2019-10-02 10.00 Fee created in error
REVENUE DETAIL - TYPE: VIDEO TAPE COPY
Original Amount Due: 20.00
Amended Amount Due: 12.61
Amount Paid: 12.61
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2017-09-13 -7.39 CD to be mailed rather than
picked up ($2.31 postage) plus
only one CD fee should have
been charged.
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 20.00
Amended Amount Due: 0.00
Amount Paid: 0.00
10-03-2026 07:13 PM Page 5 of
CASE NUMBER: 921900407 State Felony259
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2017-09-01 -20.00 Duplicate payment set up
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 20.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2017-09-01 -20.00 Duplicate payment set up
REVENUE DETAIL - TYPE: TELEPHONE/FAX/EMAIL
Original Amount Due: 5.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2017-09-01 -5.00 Set up by accident.
REVENUE DETAIL - TYPE: POSTAGE-COPIES
Original Amount Due: 3.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2017-09-07 -3.00 Clerk accidentally selected
postage for a copy of a hearing
when the patron wants it e-
mailed to them.
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 10.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2017-09-07 -10.00 Clerk created two accounts in
error. Patron is paying account
through the court website so
the account has to be set up
with the defendant's name.
10-03-2026 07:13 PM Page 6 of
CASE NUMBER: 921900407 State Felony259
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 22.50
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2019-08-22 -22.50 Created under wrong payor.
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 22.50
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2019-08-22 -22.50 Created in Error.
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 22.50
Amount Paid: 22.50
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 10.00
Amended Amount Due: 0.00
Amount Paid: 0.00
10-03-2026 07:13 PM Page 7 of
CASE NUMBER: 921900407 State Felony259
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2019-09-17 -10.00 Created in error.
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Original Amount Due: 10.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments Sum To Date Amount Reason
2019-10-02 -10.00 Error
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 30.00
Amount Paid: 30.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 60.00
Amount Paid: 60.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: POSTAGE-COPIES
Amount Due: 14.00
Amount Paid: 14.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 240.00
Amount Paid: 240.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: ELEC STORAGE MEDIUM
Amount Due: 75.00
Amount Paid: 75.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due: 3.25
10-03-2026 07:13 PM Page 8 of
CASE NUMBER: 921900407 State Felony259
Amount Paid: 3.25
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: CERTIFICATION
Amount Due: 4.00
Amount Paid: 4.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: CERTIFIED COPIES
Amount Due: 4.00
Amount Paid: 4.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: POSTAGE-COPIES
Amount Due: 0.78
Amount Paid: 0.78
Amount Credit: 0.00
Balance: 0.00
CASE NOTE
IN (USP) COURT REPORTER
PROCEEDINGS
DATE SEQ EVENT
05-14-1992 1116 **** PRIVATE **** Filed: Documents from Circuit Court
07-29-1992 Judge MICHAEL D. LYON assigned.
07-29-1992 Note: Chrg: 76-6-203 Find: Dismissed
07-29-1992 scheduled on August 10, 1992 at 02:00 PM with Judge
STANTON M. TAYLOR
07-29-1992 Case filed
07-29-1992 749 Filed: Information - Count I
07-31-1992 756 Filed order: Order to Produce
Judge STANTON M. TAYLOR
Signed July 31, 1992
07-31-1992 Note: ORDER TO PRODUCE 7/31/92 SMT
08-10-1992 Note: Continuance JUDGE: STANTON M TAYLOR
08-10-1992 Note: Deft Present
08-10-1992 Note: ATD: CAINE, JOHN T. ATP: DAINES, WILLIAM F.
08-10-1992 Note: PLE scheduled for 08/24/92 at 0200 P in room 1 with SMT
08-10-1992 Note: CUSTODY: Dept of Corrections
08-10-1992 758 Filed: Minute Entry - Notice
08-10-1992 759 Filed: Commitment Order
08-12-1992 scheduled on August 24, 1992 at 02:00 PM with Judge
STANTON M. TAYLOR
08-14-1992 763 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed August 14, 1992
08-24-1992 768 Filed: Minute Entry - Notice
10-03-2026 07:13 PM Page 9 of
CASE NUMBER: 921900407 State Felony259
08-24-1992 773 Filed: Commitment Order
08-24-1992 Note: Fel Arraignment JUDGE: STANTON M TAYLOR
08-24-1992 Note: ATD: ALLEN, BERNI FOR JOHN T. ATP: HEWARD, GARY M.
08-24-1992 Note: Deft is present
08-24-1992 Note: HRG scheduled for 09/28/92 at 0200 P in room 1 with SMT
08-24-1992 Note: TRJ scheduled for 02/02/93 at 0930 A in room 1 with SMT
08-24-1992 Note: CUSTODY: Dept of Corrections
08-24-1992 Note: Chrg: 76-5-202 Plea: Not Guilty
08-24-1992 Note: Chrg: 76-5-302 Plea: Not Guilty
08-24-1992 Note: Chrg: 76-6-203 Plea: Not Guilty
08-25-1992 scheduled on September 28, 1992 at 02:00 PM with Judge
STANTON M. TAYLOR
08-26-1992 Note: MOTION TO DISMISS COUNTS TWO AND THREE OF INFORMATION
08-26-1992 776 Filed: Motion to Dismiss Counts Two and Three of
Information
Filed by: DOUGLAS A LOVELL
08-27-1992 Note: MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
08-27-1992 847 Filed: Memorandum in Opposition to Defendant's Motion to
Dismiss
08-27-1992 850 Filed: Attachment to Opposition
08-27-1992 851 Filed: Attachment to Opposition (2)
08-27-1992 852 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed August 27, 1992
08-27-1992 Note: ORDER TO PRODUCE PRISONER 8/28/91 SMT
09-28-1992 853 Filed: Minute Entry - Notice
09-28-1992 854 Filed: Commitment Order
09-28-1992 Note: Hearing: JUDGE: STANTON M TAYLOR
09-28-1992 Note: Deft Present
09-28-1992 Note: ATD: CAINE, JOHN T ATP: RICHARDS, REED M.
09-28-1992 Note: HRG scheduled for 11/30/92 at 0400 P in room 1 with SMT
09-28-1992 Note: CUSTODY: Dept of Corrections
09-29-1992 scheduled on November 30, 1992 at 04:00 PM with Judge
STANTON M. TAYLOR
10-01-1992 856 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed October 09, 1992
10-01-1992 Note: ORDER TO PRODUCE PRISON SMT 10/1/92
10-08-1992 Note: MEMORANDUM DECISION 10-8-92 SMT
10-08-1992 857 Filed order: Memorandum Decision
Judge STANTON M. TAYLOR
Signed October 08, 1992
11-30-1992 Note: Continuance JUDGE: STANTON M TAYLOR
11-30-1992 Note: Deft not present
11-30-1992 Note: ATD: CAINE, JOHN T ATP: RICHARDS, REED M.
11-30-1992 Note: HRG scheduled for 01/04/93 at 0200 P in room 1 with SMT
11-30-1992 859 Filed: Minute Entry - Notice
11-30-1992 Note: Continuance JUDGE: STANTON M TAYLOR
11-30-1992 Note: HRG scheduled for 01/04/93 at 0200 P in room 1 with SMT
12-03-1992 Note: ORDER TO PRODUCE PRISONER 12-03-92 SMT
12-03-1992 861 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed December 03, 1992
10-03-2026 07:13 PM Page 10 of
CASE NUMBER: 921900407 State Felony259
12-10-1992 865 Filed: Motion to Suppress Evidence
Filed by: DOUGLAS A LOVELLL
12-10-1992 Note: MOTION TO SUPPRESS EVIDENCE
12-29-1992 866 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed December 29, 1992
12-29-1992 Note: ORDER TO PRODUCE PRISONER 12/29/92 SMT
01-05-1993 867 Filed: Subpoena (Randy Salazar)
01-05-1993 869 Filed: Subpoena (Jim Gaskill)
01-05-1993 870 Filed: Subpoena (SGT. Brad Birch SOPD)
01-05-1993 871 Filed: Subpoena (Terri Kaufman)
01-05-1993 873 Filed: Subpoena (Kim Salazar)
01-05-1993 874 Filed: Subpoena (Rhonda Buttars)
01-05-1993 875 Filed: Subpoena (Terry Carpenter SOPD)
01-05-1993 Note: SUBPOENAS (SEVEN)
01-06-1993 scheduled on January 14, 1993 at 08:30 AM with Judge
STANTON M. TAYLOR
01-06-1993 910 Filed order: Order to Produce
Judge STANTON M. TAYLOR
Signed January 06, 1993
01-07-1993 876 Filed: Subpoena (Quinn Lewis)
01-07-1993 878 Filed: Subpoena (Ron Barney)
01-07-1993 879 Filed: Subpoena (Office Who Pulled Lovell Over)
01-07-1993 880 Filed: Subpoena (William Wiswell)
01-07-1993 881 Filed: Subpoena (Tom Peters)
01-07-1993 882 Filed: Subpoena (Art Terkelson - WSU Crime Lab)
01-07-1993 883 Filed: Subpoena (Jim Wold)
01-07-1993 884 Filed: Subpoena (Alma Richins SOPD)
01-07-1993 Note: SUBPOENA'S (8)
01-12-1993 885 Filed: Subpoena (Delaine Anderson)
01-12-1993 Note: SUBPOENA
01-14-1993 Note: Hearing: JUDGE: STANTON M TAYLOR
01-14-1993 Note: Deft Present
01-14-1993 Note: ATD: CAINE, JOHN T ATP: HEWARD, GARY R
01-14-1993 Note: PTC scheduled for 01/19/93 at 0200 P in room 1 with SMT
01-14-1993 Note: CUSTODY: Dept of Corrections
01-14-1993 782 Filed: Minute Entry from 01/14/1993
01-14-1993 783 Filed: Commitment Order
01-14-1993 784 Filed: Subpoena - R. E. Larsen
01-14-1993 Note: SUBPOENA
01-15-1993 scheduled on January 19, 1993 at 02:00 PM with Judge
STANTON M. TAYLOR
01-15-1993 785 Filed: Subpoena - Dorothy Dial
01-15-1993 786 Filed: Subpoena - Dr. Greg Roberts
01-15-1993 787 Filed: Subpoena - Sgt. Steve Wallerstein, SOPD
01-15-1993 788 Filed return: Subpoena / Return of Service - John C.
Kagie
Party Served: John C. Kagie
Service Type: Personal
Service Date: January 08, 1993
Garnishee:
01-15-1993 789 Filed return: Subpoena / Return of Service - Inspector
William Holthaus
10-03-2026 07:13 PM Page 11 of
CASE NUMBER: 921900407 State Felony259
Party Served: William Holthaus
Service Type: Personal
Service Date: January 07, 1993
Garnishee:
01-15-1993 Note: SUBPOENA ON RETURN
01-15-1993 Note: SUBPOENA ON RETURN
01-15-1993 Note: SUBPOENAS (THREE)
01-19-1993 Note: Continuance JUDGE: STANTON M TAYLOR
01-19-1993 Note: PTC scheduled for 01/25/93 at 0200 P in room 1 with SMT
01-19-1993 Note: MEMORANDUM DECISION 1-19-93 SMT
01-19-1993 Note: RESPONSE TO DEFENDANT'S MOTION TO SUPPRESS EVIDENCE
01-19-1993 790 Filed: Response to Defendant's Motion to Suppress
Evidences
01-19-1993 791 Filed order: Memorandum Decision
Judge STANTON M. TAYLOR
Signed January 19, 1993
01-19-1993 792 Filed: Minute Entry from 01/19/1993
01-20-1993 793 Filed: Subpoena - Paul Carr
01-21-1993 Note: SUBPOENA
01-21-1993 794 Filed: Findings of Fact and Conclusions of Law
Judge MICHAEL D DIREDA
Signed January 21, 1993
01-21-1993 795 Filed: Motion to Stay Trial and Notice of Hearing
Thereon
Filed by: DOUGLAS A LOVELL
01-21-1993 796 Filed: Petition for Interlocutory Appeal (Copy)
01-21-1993 Note: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1-21-93 SMT
01-21-1993 Note: MOTION TO STAY TRIAL AND NOTICE OF HEARING THEREON
01-21-1993 Note: PETITION FOR INTERLOCUTORY APPEAL
01-21-1993 Note: MEMORANDUM DECISION 01-19-93 SMT
01-21-1993 Note: FINDINGS OF FACT AND CONCLUSIONS OF LAW 01-21-93 SMT
01-22-1993 Note: COURT GRANTS THIS DATE DEFENDANT'S MOTION TO STAY THE TRIAL
DATE
01-22-1993 Note: Hearing: JUDGE: STANTON M TAYLOR
01-22-1993 Note: Deft not present
01-22-1993 Note: ATD: CAINE, JOHN T ATP: HEWARD, GARY M
01-22-1993 797 Filed: Minute Entry from 01/22/1993
02-03-1993 Note: FINDINGS OF FACT AND CONCLUSIONS OF LAW 2-2-93 SMT
02-03-1993 798 Filed: Findings of Fact and Conclusions of Law
Judge STANTON M. TAYLOR
Signed February 02, 1993
02-04-1993 799 Filed: Subpoena - Rob Olsen
02-04-1993 Note: SUBPOENA
03-04-1993 800 Filed: Affidavit on Impecuniosity
03-04-1993 Note: AFFIDAVIT OF IMPECUNIOSITY
03-25-1993 808 Filed order: Order to Produce Prisoner
Judge MICHAEL D DIREDA
Signed May 25, 1993
03-26-1993 scheduled on March 29, 1993 at 02:06 PM with Judge
STANTON M. TAYLOR
03-26-1993 802 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed March 26, 1993
10-03-2026 07:13 PM Page 12 of
CASE NUMBER: 921900407 State Felony259
03-26-1993 Note: ORDER TO PRODUCE PRISONER
03-26-1993 Note: LETTER TO APPEALS CLERK FROM SUPREME COURT (INTERLOCUTORY
APPEAL
03-26-1993 Note: WAS DENIED)
03-29-1993 801 Filed: Notice from Supreme Court - Petition for
Interlocutory Appeal is denied
03-29-1993 803 Filed: Minute Entry from 03/29/1993
03-29-1993 804 Filed: Commitment Order
03-29-1993 Note: Continuance JUDGE: STANTON M TAYLOR
03-29-1993 Note: Deft Present
03-29-1993 Note: ATD: CAINE, JOHN T ATP: RICHARDS, REED M.
03-29-1993 Note: PTC scheduled for 04/12/93 at 0200 P in room 1 with SMT
03-29-1993 Note: CUSTODY: Dept of Corrections
03-30-1993 scheduled on April 12, 1993 at 02:00 PM with Judge
STANTON M. TAYLOR
03-31-1993 805 Filed order: Order to Produce Prison
Judge STANTON M. TAYLOR
Signed March 31, 1993
03-31-1993 Note: ORDER TO PRODUCE PRISONER 03-31-93 SMT
04-13-1993 Note: STRICKEN AND CONTINUED ONE WEEK
04-13-1993 scheduled on April 19, 1993 at 02:00 PM with Judge
STANTON M. TAYLOR
04-19-1993 Note: Hearing: JUDGE: STANTON M TAYLOR
04-19-1993 Note: Deft Present
04-19-1993 Note: ATD: CAINE, JOHN T ATP: RICHARDS, REED M.
04-19-1993 Note: TRJ scheduled for 06/28/93 at 0930 A in room 1 with SMT
04-19-1993 Note: CUSTODY: Dept of Corrections
04-19-1993 781 Filed: Commitment Order
04-19-1993 806 Filed order: Signed Minute Entry from 04/19/1993
Judge STANTON M. TAYLOR
Signed April 19, 1993
04-20-1993 scheduled on June 28, 1993 at 09:30 AM with Judge
STANTON M. TAYLOR
05-07-1993 807 Filed: Letter from Defendant
05-07-1993 Note: LETTER
05-27-1993 Note: ORDER TO PRODUCE PRISONER SMT
06-01-1993 scheduled on June 01, 1993 at 02:05 PM with Judge
STANTON M. TAYLOR
06-01-1993 809 Filed: Minute Entry from 06/01/1993
06-01-1993 810 Filed: Commitment Order
06-01-1993 Note: Hearing (PRE-TRIAL CONFERENCE): JUDGE: STANTON M TAYLOR
06-01-1993 Note: Deft Present
06-01-1993 Note: ATD: CAINE, JOHN T ATP: RICHARDS, REED M.
06-01-1993 Note: CUSTODY: Dept of Corrections
06-01-1993 Note: CASE IS GOING TO TRIAL AS NOW SET FOR JUNE 28, 1993, AT 9:30
AM
06-02-1993 811 Filed: Subpoena - William Wiswell
06-02-1993 812 Filed: Subpoena - Ron Barney
06-02-1993 813 Filed: Subpoena - Washington Terrace PD
06-02-1993 814 Filed: Subpoena - Quinn Lewis, SOPD
06-02-1993 815 Filed: Subpoena - Delaine Anderson
06-02-1993 816 Filed: Subpoena - SGT. Steve Wallerstein, SOPD
06-02-1993 817 Filed: Subpoena - Dr. Greg Roberts
06-02-1993 818 Filed: Subpoena - Dorothy Dial
10-03-2026 07:13 PM Page 13 of
CASE NUMBER: 921900407 State Felony259
06-02-1993 819 Filed: Subpoena - Tom Peters
06-02-1993 820 Filed: Subpoena - Art Terkelson, WSU Crim Lab
06-02-1993 821 Filed: Subpoena - Jim Wold
06-02-1993 822 Filed: Subpoena - Alma Richins, SOPD
06-02-1993 823 Filed: Subpoena - Randy Salazar
06-02-1993 824 Filed: Subpoena - Jim Gaskill, WSU Lab
06-02-1993 825 Filed: Subpoena - Sgt. Brad Birch, SOPD
06-02-1993 826 Filed: Subpoena - Mrs. Terri Kaufman
06-02-1993 827 Filed: Subpoena - Kim Salazar
06-02-1993 828 Filed: Subpoena - Rhonda Buttars
06-02-1993 829 Filed: Subpoena - Terry Carpenter, SOPD
06-02-1993 Note: SUBPOENA (19)
06-04-1993 830 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed June 04, 1993
06-04-1993 Note: ORDER TO PRODUCE PRISONER 06-04-93 SMT
06-08-1993 831 Filed: Subpoena - Paula Carr
06-08-1993 Note: SUBPOENA
06-09-1993 832 Filed: Subpoena - Steve Hallowell, RVPD
06-09-1993 Note: SUBPOENA
06-10-1993 833 Filed: Subpoena - Brian Namba, Davis County Attorneys
Office
06-10-1993 834 Filed: Subpoena - Officer Tracy Harper
06-10-1993 Note: SUBPOENA (2)
06-11-1993 835 Filed return: Subpoena/Return of Service - John C. Kagie
Party Served: JOHN C. KAGIE
Service Type: Personal
Service Date: June 07, 1993
Garnishee:
06-11-1993 Note: SUBPOENA
06-14-1993 836 Filed return: Subpoena/Return of Service - R.E. Larsen
Party Served: R.E. LARSEN
Service Type: Personal
Service Date: June 09, 1993
Garnishee:
06-14-1993 Note: SUBPOENA ON RETURN
06-15-1993 837 Filed return: Subpoena/Return of Service - Inspector
William Holthaus
Party Served: WILLIAM HOLTHAUS
Service Type: Personal
Service Date: June 08, 1993
Garnishee:
06-15-1993 Note: SUBPOENA ON RETURN
06-23-1993 838 Filed: Subpoena- Vickie Hackett
06-23-1993 Note: SUBPOENA
06-28-1993 Note: Chrg: 76-5-302 Find: Dismissed
06-28-1993 Note: Chrg: 76-5-202 Plea changed to Guilty
06-28-1993 Note: Chrg: 76-5-202 Find: Guilty Plea
06-28-1993 Note: Change of Plea JUDGE: STANTON M TAYLOR
06-28-1993 Note: ATD: CAINE, JOHN T ATP: DAINES, WILLIAM F
06-28-1993 Note: Deft is present
06-28-1993 Note: Deft advised of rights
10-03-2026 07:13 PM Page 14 of
CASE NUMBER: 921900407 State Felony259
06-28-1993 Note: Deft enters a plea of guilty to charge(s) 01
06-28-1993 Note: Court orders counts 2, 3 dismissed
06-28-1993 Note: SNT scheduled for 07/07/93 at 0930 A in room 1 with SMT
06-28-1993 Note: CUSTODY: Dept of Corrections
06-28-1993 750 Filed: Minute Entry from 06/28/1993
06-28-1993 751 Filed: Commitment Order
06-29-1993 scheduled on July 07, 1993 at 09:30 AM with Judge
STANTON M. TAYLOR
06-29-1993 752 Filed: Subopoena - Cody Montgomery
06-29-1993 753 Filed: Subopoena - Terry Carpentrer, SOPD
06-29-1993 754 Filed: Subopoena - Cody Montgomery (Bad Address)
06-29-1993 Note: SUBPOENA (3)
06-29-1993 Note: (JUROR QUESTIONNAIRES FOR THIS CASE HAVE BEEN PLACED IN A BOX
06-29-1993 Note: DOWN IN THE EXHIBIT CAGE IN C.24 D.3)
06-30-1993 Note: ORDER TO PRODUCE PRISIONER SMT
06-30-1993 755 Filed: Statement of Defendant in Advance of Plea of
Guilty
06-30-1993 Note: MEMORANDUM OF UNDERSTANDING
06-30-1993 Note: STATEMENT OF DEFENDANT IN ADVANCE OF PLEA OF GUILTY
06-30-1993 Note: ORDER 6-28-93 SMT
06-30-1993 757 Filed: Memorandum of Understanding
06-30-1993 760 Filed: U.S. Supreme Court Reports
06-30-1993 761 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed June 30, 1993
07-02-1993 762 Filed return: Subpoena/ Return of Service - Inspector
William Holthaus
Party Served: William Holthaus
Service Type: Personal
Service Date: July 02, 1993
Garnishee:
07-02-1993 764 Filed: Subpoena - Paula Carr, Clerk
07-02-1993 Note: SUBPOENA
07-07-1993 765 Filed: Minute entry from 07/07/1993
07-07-1993 766 Filed: Commitment Order
07-07-1993 767 Filed: Subpoena - Terry Carpenter, SOPD
07-07-1993 769 Filed: Subpoena - Rhonda Buttars
07-07-1993 770 Filed: Subpoena - William Wiswell
07-07-1993 Note: Continuance JUDGE: STANTON M TAYLOR
07-07-1993 Note: Deft Present
07-07-1993 Note: ATD: CAINE, JOHN T ATP: DAINES, WILLIAM F/GARY H
07-07-1993 Note: HRG scheduled for 07/29/93 at 0930 A in room 1 with SMT
07-07-1993 Note: CUSTODY: Dept of Corrections
07-08-1993 Note: SUBPOENA (3)
07-08-1993 Note: SUBPOENA ON RETURN - WILLIAM HOLTHAUS - 7/2/93
07-09-1993 771 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed July 09, 1993
07-09-1993 772 Filed: Subpoena - Paula Carr, Clerk
07-09-1993 774 Filed: Subpoena - Jeanette Gibbons, Clerk
07-09-1993 775 Filed return: Subponea / Return of Service - Inspector
William Holthaus
Party Served: WILLIAM HOTHAUS
10-03-2026 07:13 PM Page 15 of
CASE NUMBER: 921900407 State Felony259
Service Type: Personal
Service Date: July 09, 1993
Garnishee:
07-09-1993 scheduled on July 29, 1993 at 09:30 AM with Judge
STANTON M. TAYLOR
07-09-1993 Note: SUBPOENAS (TWO)
07-14-1993 Note: SUBPOENA ON RETURN
07-28-1993 scheduled on July 30, 1993 at 09:30 AM with Judge
STANTON M. TAYLOR
07-28-1993 777 Filed: Subpoena - Cody Montgomery
07-28-1993 Note: SUBPOENA
07-29-1993 778 Filed: Minutes from 07/29/1993
08-03-1993 scheduled on August 03, 1993 at 01:30 PM with Judge
STANTON M. TAYLOR
08-05-1993 scheduled on August 05, 1993 at 09:30 AM with Judge
STANTON M. TAYLOR
08-10-1993 779 Filed: Docket from District Court case number 12995
08-10-1993 780 Filed: Copy of Davis County Convictions
08-10-1993 Note: FILED CERTIFIED COPIES OF DAVIS COUNTY CONVICTIONS
08-10-1993 Note: COPIES OF OTHER FILES
08-12-1993 1006 Filed order: Memorandum Decision
Judge STANTON M. TAYLOR
Signed August 05, 1993
08-12-1993 1007 Filed: Exhibit Tracking Record
08-12-1993 1008 Filed: Exhibit List
08-12-1993 Note: MEMORANDUM DECISION 08-05-93 SMT
08-16-1993 Note: Began tracking Exhibit Review on
09/16/93
08-16-1993 Note: EXB IN EV C.1 D.5
08-18-1993 Note: JUDGMENT AND SENTENCE OF DEATH 8-18-93 SMT (COPY)
08-18-1993 Note: MICROFILM JUDGMENT AND SENTENCE OF DEATH ROLL 169 PG 1689
08-19-1993 Note: COPY OF WARRANT OF EXECUTION
08-23-1993 1009 Filed order: Judgment and Sentence of Death
Judge STANTON M. TAYLOR
Signed August 18, 1993
08-23-1993 Note: JUDGEMENT AND SENTENCE OF DEATH 08-18-93 SMT
08-23-1993 Note: ORDER STAYING EXECUTION 08-23-93 SMT
08-24-1993 Note: MICROFILM ORDER STAYING EXECUTION ROLL 169 PG 1888
08-26-1993 Note: Ended tracking of Exhibit
08-26-1993 Note: Began tracking Work Project Review on
01/15/94
08-29-1993 1010 Filed order: order Staying Execution
Judge STANTON M. TAYLOR
Signed August 23, 1993
08-30-1993 1011 Filed: Request for Preparation of Transcript
08-30-1993 1012 Filed: Notice of Appeal
08-30-1993 Note: NOTICE OF APPEAL
08-30-1993 Note: ORD PREP OF TRANS TO SMT
08-30-1993 Note: REQUEST FOR PREPARATION OF TRANSCRIPT
08-31-1993 Note: MAILED CERTIFIED COPY OF NOTICE OF APPEAL TO SUPREME COURT
08-31-1993 Note: COPY OF NOTICE OF APPEAL TO LAURIE SHINGLE, COURT REPORTER
08-31-1993 1013 Filed: Letter from the Defendant
08-31-1993 1016 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
10-03-2026 07:13 PM Page 16 of
CASE NUMBER: 921900407 State Felony259
Signed August 31, 1993
08-31-1993 scheduled on September 20, 1993 at 03:30 PM with Judge
STANTON M. TAYLOR
09-01-1993 1014 Filed order: Order for Preparation of Transcript
Judge STANTON M. TAYLOR
Signed August 30, 1993
09-01-1993 1015 Filed: Letter from the Utah Supreme Court
09-01-1993 Note: LETTER
09-02-1993 Note: ORDER TO PRODUCE PRISONER 09-02-93 SMT
09-16-1993 1017 Filed: Letter from the Defendant
09-16-1993 Note: LETTER
09-20-1993 1018 Filed: Minute Entry from 09/20/1993
09-20-1993 1019 Filed: Commitment Order
09-20-1993 Note: Hearing: JUDGE: STANTON M TAYLOR
09-20-1993 Note: Deft Present
09-20-1993 Note: ATD: CAINE, JOHN T ATP: HEWARD, GARY M
09-20-1993 Note: HRG scheduled for 12/13/93 at 0300 P in room 1 with SMT
09-20-1993 Note: CUSTODY: Dept of Corrections
09-21-1993 1020 Filed: Findings of Facts and Conclusions of Law
Judge STANTON M. TAYLOR
Signed October 28, 1993
09-21-1993 1021 Filed: Objection to Defendant's Motion to Withdraw
Guilty Plea
09-21-1993 scheduled on December 13, 1993 at 03:00 PM with Judge
STANTON M. TAYLOR
09-21-1993 Note: OBJETION TO DEFENDANTS MOTION TO WITHDRAW GUILTY PLEAS
09-21-1993 Note: FINDINGS OF FACT AND CONCLUSIONS OF LAW
09-22-1993 1022 Filed: Affidavit
09-22-1993 1023 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed September 22, 1993
09-22-1993 Note: ORDER TO PRODUCE PRISONER 09-22-93 SMT
09-24-1993 1024 Filed: Faxed Documents from Attorney R. Clayton Huntsman
09-27-1993 Note: RESUME FROM R. CLAYTON HUNTSMAN
09-29-1993 Note: LETTER TO SMT FROM DEF
09-29-1993 Note: LETTER TO DEF FROM SMT
09-29-1993 1025 Filed: Letter from Judge Taylor
09-29-1993 1026 Filed: Letter from the Defendant
09-29-1993 Note: LETTER FROM R. CLAYTON HUNTSMAN
10-12-1993 Fee Account created Total Due: 6.00
10-12-1993 MISCELLANEOUS FEE Payment Received: 6.00
Note: COPIES
11-30-1993 1128 Filed: TRANSCRIPT - SUPPRESSION HEARING 1/14/1993
11-30-1993 1127 Filed: Transcript of 04/19/1993 Hearing
11-30-1993 1129 Filed: Transcript of 06/01/93 Pre-Trial Conference
11-30-1993 1132 Filed: TRANSCRIPT - HEARING 1/22/1993
11-30-1993 1131 Filed: Transcript from 08/05/1993 Sentencing
11-30-1993 1134 Filed: TRANSCRIPT - HEARING 3/29/1993
11-30-1993 1136 Filed: Transcript of 08/03/1993 Sentencing Hearing
(Volume III)
11-30-1993 1138 Filed: TRANSCRIPT - HEARING 08/10/1992
11-30-1993 1139 Filed: TRANSCRIPT - ARRAIGNMENT 8/24/1992
11-30-1993 1140 Filed: TRANSCRIPT - HEARING 9/29/1992
10-03-2026 07:13 PM Page 17 of
CASE NUMBER: 921900407 State Felony259
11-30-1993 1141 Filed: TRANSCRIPT - HEARING 11/30/1992
11-30-1993 Note: TRANSCRIPT, CHANGE OF PLEA JUNE 28, 1993
11-30-1993 Note: TRANSCRIPT, SENTENCING, AUGUST 5, 1993
11-30-1993 Note: TRANSCRIPT, SENTENCING HEARING I, II, AND III
11-30-1993 1118 Filed: Transcript of Change of Plea Hearing Date
06/28/1993
11-30-1993 1120 Filed: Transcript from 07/07/1993 Hearing
11-30-1993 1123 Filed: Transcript from Sentencing Hearing on 07/29/1993
(Volume I)
11-30-1993 1125 Filed: Transcript from Sentencing Hearing on 07/30/1993
(Volume II)
12-01-1993 Note: TRANSCRIPT, HEARING , SEPT 28, 1992
12-01-1993 Note: TRANSCRIPT, HEARING, JANUARY 22, 1993
12-01-1993 Note: TRANSCRIPT, ARRAIGNMENT, AUGUST 24, 1992
12-01-1993 Note: TRANSCRIPT, SUPPRESSION HEARING, JANUARY 14, 1993
12-01-1993 Note: TRANSCRIPT, HEARING, AUGUST 10, 1992
12-01-1993 Note: TRANSCRIPT, HEARING, NOVEMBER 30, 1992
12-01-1993 Note: TRANSCRIPT, HEARING, APRIL 19, 1993
12-01-1993 Note: TRANSCRIPT, HEARING, MARCH 29, 1993
12-01-1993 Note: TRANSCRIPT, PRETRIAL CONFERENCE, JUNE 1, 1993
12-01-1993 Note: TRANSCRIPT, HEARING, JULY 7, 1993
12-13-1993 Note: Hearing: JUDGE: STANTON M TAYLOR
12-13-1993 Note: Deft Present and pro se
12-13-1993 Note: ATD: Deft pro se ATP: RICHARDS, REED M.
12-13-1993 Note: HRG scheduled for 01/03/94 at 0300 P in room 1 with SMT
12-13-1993 Note: CUSTODY: Dept of Corrections
12-13-1993 907 Filed: Minute Entry from 12/13/1993
12-13-1993 908 Filed: Commitment Order
12-15-1993 scheduled on January 03, 1994 at 03:00 PM with Judge
STANTON M. TAYLOR
12-17-1993 Note: ORDER TO PRODUCE PRISONER 12-17-93 SMT
12-17-1993 909 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed December 17, 1993
01-03-1994 Note: Hearing: JUDGE: STANTON M TAYLOR
01-03-1994 Note: Deft Present
01-03-1994 Note: ATD: LAKER, STEPHEN ATP: DAINES, WILLIAM F
01-03-1994 Note: HRG scheduled for 02/07/94 at 0300 P in room 1 with SMT
01-03-1994 Note: CUSTODY: Dept of Corrections
01-03-1994 912 Filed: Minute Entry from 01/03/1994
01-03-1994 913 Filed: Commitment Order
01-04-1994 Note: RECORD RETURNED TO SUPREME COURT
01-06-1994 Note: ORDER TO PRODUCE PRISONER 01-06-94 SMT
01-10-1994 Note: DOMESTIC RETURN RECEIPT
01-10-1994 914 Filed return: Return of Service - Utah Supreme Court
Party Served: Utah Supreme Court
Service Type: Mail
Service Date: January 07, 1994
Garnishee:
01-10-1994 915 Filed return: Return - Utah Supreme Court
Party Served: UTAH SUPREME COURT
Service Type: Mail
Service Date: January 07, 1994
10-03-2026 07:13 PM Page 18 of
CASE NUMBER: 921900407 State Felony259
Garnishee:
01-14-1994 Note: DOMESTIC RETURN RECEIPT
01-14-1994 916 Filed return: Return - Utah Supreme Court
Party Served: UTAH SUPREME COURT
Service Type: Mail
Service Date: January 13, 1940
Garnishee:
02-02-1994 Note: CANCELLED PER REQUEST OF STEVE LAKER.
02-03-1994 1137 Filed: TRANSCRIPT - HEARING 01/03/1994
02-07-1994 1133 Filed: Transcript from 09/20/1993 Hearing
02-07-1994 1135 Filed: TRANSCRIPT - HEARING 12/13/1993
02-08-1994 Note: COURT TRANSCRIPTS NOTE: TRANSCRIPTS WERE SENT TO SUPREME
02-08-1994 Note: COURT.
03-28-1994 Note: APPEARANCE OF COUNSEL
03-28-1994 917 Filed: Appearance of Counsel
04-27-1994 Note: Work Project Review date changed to
09/15/94
07-06-1994 918 Filed: Motion to Dismiss
Filed by: STATE OF UTAH
07-06-1994 919 Filed: Affidavit
07-07-1994 Note: MOTION TO DISMISS
07-07-1994 Note: AFFIDAVIT
08-08-1994 scheduled on August 08, 1994 at 02:00 PM with Judge
STANTON M. TAYLOR
08-09-1994 scheduled on August 22, 1994 at 02:00 PM with Judge
STANTON M. TAYLOR
08-22-1994 Note: Hearing: JUDGE: STANTON M TAYLOR
08-22-1994 Note: Deft Present
08-22-1994 Note: ATD: BRADSHAW, JAMES C. ATP: DAINES, WILLIAM F
08-22-1994 Note: CUSTODY: Dept of Corrections
08-22-1994 920 Filed: Minute Entry from 08/22/1994
08-22-1994 922 Filed: Motion for Limited Remand Pursuant to Rule 23B
(Copy)
Filed by: DOUGLAS A LOVELL
08-22-1994 923 Filed: 837 Pacific Reporter - No. 910111-CA
08-25-1994 Note: MOTION FOR ADMISSION PRO HAC VICE
08-25-1994 921 Filed: Motion for Admission Pro Hac Vice
Filed by: DOUGLAS A LOVELL
09-14-1994 Note: LETTER FROM SUPREME COURT
09-16-1994 Note: ORDER OF REMAND (DENIED) FROM SUPREME COURT
09-16-1994 924 Filed: Letter and Order from Utah Supreme Court (Dated
09/09/1994)
11-03-1994 Note: WORK PROJECT REVIEW DATE CHANGE TO 5/3/95
01-10-1995 984 Filed: Hearing on Partial Remand
01-17-1995 927 Filed: (Copy) Order from the Supreme Court
03-01-1995 scheduled on March 09, 1995 at 08:30 AM with Judge
STANTON M. TAYLOR
03-01-1995 Note: Notice of Setting
03-01-1995 925 Filed: Notice - 03/09/1995 Hearing
03-08-1995 904 Filed: Motion for Contact Visits
Filed by: DOUGLAS A LOVELLL
03-08-1995 905 Filed: Motion for Appointment of Defense Investigator
Filed by: DOUGLAS A LOVELLL
03-08-1995 950 Filed: Motion for Disqualification of Judge
10-03-2026 07:13 PM Page 19 of
CASE NUMBER: 921900407 State Felony259
Filed by: DOUGLAS A LOVELLL
03-08-1995 954 Filed: Certification of Counsel
03-10-1995 Note: AFFIDAVIT IN SUPPORT OF MOTION FOR DISQUALIFICATION
03-10-1995 Note: MOTION FOR CONTACT VISITS
03-10-1995 Note: MOTION FOR APPOINTMENT OF DEFENSE INVESTIGATOR
03-10-1995 Note: AFFIDAVIT IN SUPPORT OF MOTION FOR DISQUALIFICATION
03-10-1995 964 Filed: Motion for Contact Visits
Filed by: DOUGLAS A LOVELL
03-10-1995 965 Filed: Motion for Appointment of Defense Investigator
Filed by: DOUGLAS A LOVELL
03-10-1995 966 Filed: Affidavit in Support of Motion for
Disqualification
03-13-1995 Note: CERTIFICATE OF COUNSEL
03-13-1995 Note: MOT. FOR DISQUALIFICATION OF JUDGE
03-13-1995 929 Filed: Motion for Disqualification of Judge
Filed by: DOUGLAS A LOVELL
03-13-1995 930 Filed: Certification of Counsel
04-28-1995 Note: Work Project Review date changed to
10/01/95
05-03-1995 932 Filed order: Order to Produce Prisoner
Judge STANTON M. TAYLOR
Signed May 03, 1995
05-03-1995 Note: ORDER TO PRODUCE SMT 5/03/95 (COURT DATE 5/08/95)
05-08-1995 scheduled on May 08, 1995 at 02:06 PM with Judge
STANTON M. TAYLOR
05-18-1995 934 Filed order: Order of Recusal
Judge STANTON M. TAYLOR
Signed May 17, 1995
05-19-1995 Note: Notice of Setting
05-19-1995 Note: ORDER TO PRODUCE PRISONER (MDL 5/19/95) (USP 5/25/95)
05-19-1995 Note: ORDER OF RECUSAL (SMT 5/17/95)
05-19-1995 935 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed May 19, 1995
05-19-1995 937 Filed: Notice
05-19-1995 938 Filed: Notice
05-24-1995 Note: HRG RESET BECAUSE JIM BRADSHAW CANNOT BE HERE ON 5/25
05-24-1995 Note: Notice of Setting
05-24-1995 scheduled on June 01, 1995 at 02:04 PM with Judge
MICHAEL D. LYON
05-24-1995 Note: Notice of Setting
05-25-1995 Note: ORD. TO PRODUCE PRISONER 05-24-95 MDL
05-25-1995 939 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed May 24, 1995
05-25-1995 941 Filed: Fax To Utah State Prison
06-01-1995 Note: Hearing: JUDGE: MICHAEL D. LYON
06-01-1995 Note: Deft Present
06-01-1995 Note: ATD: BRADSHAW, JAMES C. ATP: SJOGREN, SANDRA F
06-01-1995 Note: HRG scheduled for 07/28/95 at 0930 A in room 2 with MDL
06-01-1995 945 Filed: Minute Entry from 06/01/1995
06-01-1995 946 Filed: Commitment Order
06-02-1995 947 Filed order: Order to Produce Prisoner
10-03-2026 07:13 PM Page 20 of
CASE NUMBER: 921900407 State Felony259
Clerk MAUREEN MAGAGNA
Signed June 02, 1995
06-05-1995 Note: ORDER TO PRODUCE PRISONER (MDL 6/2/95) (USP 7/28/95)
06-05-1995 Note: (FAXED TO PRISON)
06-06-1995 scheduled on July 28, 1995 at 09:30 AM with Judge
MICHAEL D. LYON
06-06-1995 Note: Notice of Setting
06-06-1995 949 Filed: Notice
06-15-1995 Note: RESPONSE TO DEF.'S MOT. FOR APPOINTMENT OF DEFENSE
INVESTIGATOR
06-15-1995 Note: RESPONSE TO DEF.'S MOT. FOR CONTACT VISITS
06-15-1995 951 Filed: Response to Defendant's Motion for Appointment of
Defense Investigator
06-15-1995 952 Filed: Response to Defendant's Motion for Contact Visits
07-19-1995 911 Filed: Response to Defendant's Renewed Motion for
Appointment of Investigator
07-28-1995 Note: COPY OF INMATE LEGAL COUNSEL VISITING DIRECTIVE
07-28-1995 Note: Hearing: JUDGE: MICHAEL D. LYON
07-28-1995 Note: Deft Present
07-28-1995 Note: ATD: BRADSHAW, JAMES C. ATP: DAINES, WILLIAM F
07-28-1995 Note: HRG scheduled for 10/16/95 at 0930 A in room 2 with MDL
07-28-1995 Note: Notice of Setting
07-28-1995 Note: ORDER TO PRODUCE PRISONER (MDL 7/28/95) (10/16/95 USP)
07-28-1995 953 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed July 28, 1995
07-28-1995 955 Filed: Minute Entry from 07/28/1995
07-28-1995 956 Filed: Commitment Order
07-28-1995 957 Filed: Inmate Legal Counsel Visiting
07-28-1995 961 Filed: Transcript from Bench Ruling on 07/28/1995
07-31-1995 Note: BENCH RULING
07-31-1995 958 Filed: Notice
07-31-1995 959 Filed: Exhibit List
07-31-1995 960 Filed: Exhibit Tracking Record
08-01-1995 Note: ******EXHIBITS: CABINET 1 DRAWER 5 VIDEO TAPE PLUS 1
ENVELOPE**
08-01-1995 Note: EXHIBIT TRACKING LIST
08-01-1995 Note: EXHIBIT LIST
08-01-1995 Note: Began tracking Exhibit Review on
09/01/95
09-11-1995 962 Filed: Renewed Motion for Appointment of Defense
Investigator
Filed by: DOUGLAS A LOVELL
09-12-1995 Note: RENEWED MOT. FOR APPOINTMENT OF DEFENSE INVESTIGATOR
09-18-1995 Note: REQUEST FOR TRANSCRIPT
09-18-1995 906 Filed: Request for Transcript
09-19-1995 Note: RESPONSE TO DEF.'S RENEWED MOT. FOR APPOINTMENT OF
INVESTIGATOR
09-19-1995 Note: RESPONSE TO DEF.'S RENEWED MOT. FOR APPOINTMENT OF
INVESTIGATOR
09-19-1995 Note: RESPONSE TO DEF.'S RENEWED MOT. FOR APPOINTMENT OF
INVESTIGATOR
09-19-1995 926 Filed: (Duplicate) Response to Defendant's Renewed
Motion for Appointment for Investigator
09-19-1995 928 Filed: Response to Defendant's Renewed Motion for
10-03-2026 07:13 PM Page 21 of
CASE NUMBER: 921900407 State Felony259
Appointment of Investigator
09-20-1995 scheduled on September 28, 1995 at 04:00 PM with Judge
MICHAEL D. LYON
09-20-1995 Note: HRG SET W/ DAVID YOCUM & JIM BRADSHAW BY PHONE
09-20-1995 931 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed September 20, 1995
09-20-1995 Note: ORDER TO PRODUCE PRISONER (MDL 9/20/95) (USP 9/28/95)
09-27-1995 Note: REPORTER'S TRANSCRIPT
09-27-1995 1122 Filed: REPORTERS TRANSCRIPT - 7/28/1995 - By Dean Olsen
09-28-1995 Note: Hearing: JUDGE: MICHAEL D. LYON
09-28-1995 Note: Deft Present
09-28-1995 Note: ATD: BRADSHAW, JAMES C. ATP: DAINES, WILLIAM F
09-28-1995 933 Filed: Minute Entry - Notice
09-28-1995 936 Filed: Commitment Order
10-02-1995 Note: AMENDED FF&ORD TO MDL
10-02-1995 Note: AMENDED ORDER TO PRODUCE PRISONER (MDL 10/2/95) (USP 12/12/95)
10-02-1995 Note: FINDINGS OF FACT AND ORDER (FILED UNSIGNED)
10-02-1995 940 Filed order: Amended Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed October 02, 1995
10-02-1995 948 Filed: (Unsigned) Findings of Fact and Order
10-04-1995 Note: ORD FOR APPOINT OF INVESTIGATOR TO MDL
10-04-1995 942 Filed: Subpoena (Reed Richards)
10-04-1995 943 Filed: Subpoena (Mark R. De Caria)
10-05-1995 978 Filed: Motion to Continue
Filed by: DOUGLAS A LOVELLL
10-12-1995 944 Filed: Subpoena (John Caine)
10-12-1995 963 Filed: Amended Findings of Fact and Order
Judge MICHAEL D. LYON
Signed October 12, 1995
10-13-1995 Note: INDEX
10-13-1995 Note: MAILING CERTIFICATE
10-13-1995 Note: *** SENT RECORD AND TRANSCRIPT TO THE UTAH SUPREME COURT BY
10-13-1995 Note: CERTIFIED MAIL*****
10-13-1995 1092 Filed: Affidavit of Mailing
10-16-1995 Note: AMENDED FINDINGS OF FACT AND ORDER MDL 10-12-95 MICROFILM ROLL
10-16-1995 Note: 187 PAGE 277
10-17-1995 968 Filed return: Return Mail Receipt
Party Served: UTAH SUPREME COURT
Service Type: Mail
Service Date: October 16, 1995
Garnishee:
10-17-1995 969 Filed return: Return Mail Receipt
Party Served: UTAH SUPREME COURT
Service Type: Mail
Service Date: October 16, 1995
Garnishee:
10-17-1995 Note: RETURN RECEIPT OF MAILING TO UT SUPREME CT
10-17-1995 Note: DOMESTIC RETURN RECEIPT
10-17-1995 Note: DOMESTIC RETURN RECEIPT
10-17-1995 967 Filed return: Return Mail Receipt
10-03-2026 07:13 PM Page 22 of
CASE NUMBER: 921900407 State Felony259
Party Served: Utah Supreme Court
Service Type: Mail
Service Date: October 16, 1995
Garnishee:
10-18-1995 970 Filed return: Return Mail Receipt
Party Served: UTAH SUPREME COURT
Service Type: Mail
Service Date: October 17, 1995
Garnishee:
10-19-1995 971 Filed order: Order for Appointment of Investigator
Judge MICHAEL D DIREDA
Signed October 16, 1995
10-19-1995 Note: ORDER FOR APPOINTMENT OF INVESTIGATOR MDL 10-16-95
10-23-1995 972 Filed: Affidavit of Mailing
10-23-1995 Note: AFF. OF MAILING
11-02-1995 Note: Ended tracking of Work Project
11-02-1995 Note: Exhibit Review date changed to
03/01/96
11-08-1995 973 Filed: Letter from Counsel - RE: Appointed Investigator
11-08-1995 Note: LETTER OF 11/6/95 FROM JAMES BRADSHAW REGARDING INVESTIGATOR
11-30-1995 974 Filed: Motion of Plaintiff for Discovery
Filed by: STATE OF UTAH
11-30-1995 Note: MOTION OF PLTYF FOR DISCOVERY
12-04-1995 975 Filed order: Order to Produce
Judge MICHAEL D. LYON
Signed December 04, 1995
12-04-1995 Note: ORDER TO PRODUCE PRISONER (MDL 12/4/95) (USP 12/7/95)
12-05-1995 976 Filed: Reply to Defendant's Motion to Compel Discovery
12-05-1995 977 Filed: Motion to Compel Discovery
Filed by: DOUGLAS A LOVELLL
12-05-1995 Note: MOT. TO CONTINUE
12-05-1995 Note: MOT. TO COMPEL DISCOVERY
12-05-1995 Note: REPLY TO DEF.'S MOT. TO COMPEL DISCOVERY
12-07-1995 scheduled on December 07, 1995 at 02:00 PM with Judge
MICHAEL D. LYON
12-07-1995 979 Filed: Minute Entry - Notice
12-07-1995 980 Filed: Commitment Order
12-07-1995 Note: Hearing: JUDGE: MICHAEL D. LYON
12-07-1995 Note: Deft Present
12-07-1995 Note: ATD: BRADSHAW, JAMES C. ATP: YOCOM, DAVID E
12-07-1995 Note: HRG scheduled for 01/10/96 at 0930 A in room 2 with MDL
12-11-1995 scheduled on January 10, 1996 at 09:30 AM with Judge
MICHAEL D. LYON
12-13-1995 982 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed December 11, 1995
12-13-1995 Note: COPY OF ORDER TO PRODUCE PRISONER (MDL 12/11/95) (USP 1/10/96)
12-19-1995 981 Filed: Subpoena (John T. Caine)
12-28-1995 983 Filed return: Return on Subpoena (Reed Richards)
Party Served: RICHARDS, REED
Service Type: Personal
Service Date: December 21, 1995
Garnishee:
10-03-2026 07:13 PM Page 23 of
CASE NUMBER: 921900407 State Felony259
01-10-1996 985 Filed: Commitment Order
01-10-1996 Note: Hearing: JUDGE: MICHAEL D. LYON
01-10-1996 Note: Deft Present
01-10-1996 Note: ATD: BRADSHAW, JAMES C. ATP: DAINES/YOCOM
01-10-1996 Note: HRG scheduled for 04/09/96 at 0930 A in room 2 with MDL
01-11-1996 839 Filed: Subpoena - Reed Richards - Attorney General
Office
01-11-1996 Note: BOTH COUNSEL TO BRIEF EVIDENCE & SUBMIT CASE LAW. ATD TO
01-11-1996 Note: FILE BRIEF BY FEB 29; ATP TO RESPOND BY 3/15; ATD TO REPLY
01-11-1996 Note: BY 3/29; ALL BRIEFS TO JUDGE BY 4/1
01-12-1996 1130 Filed: Transcript of 06/28/93 Change of Plea
01-12-1996 Note: ORDER TO PRODUCE PRISONER (MDL 1/12/96) (USP 4/9/96)
01-12-1996 Note: TRANSCRIPT OF CHANGE OF PLEA 6/28/93
01-12-1996 840 Filed: Transcript from Change of Plea Hearing: June 28,
1993
01-12-1996 841 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed January 12, 1996
01-16-1996 Note: REPORTER'S TRANSCRIPT
01-23-1996 Note: PARTIAL TRANSCRIPT OF HEARING (1-10-96)
01-23-1996 1121 Filed: Partial Transcript of Hearing (Cross-Examination
and Redirect Examination of Reed Richards) Dated
01/10/1996
02-16-1996 Note: LETTER OF 2/6/96 FROM MARK DECARIA W/ ATTACHED BILLING
STATEMENT
02-16-1996 Note: FOR INVESTIGATOR--APPROVED MDL
02-16-1996 842 Filed: Letter from Weber County Attorney Office
regarding Attorney Bill - (Approved by MDL)
02-29-1996 843 Filed: Letter from Cathy Gallegos, RPR
02-29-1996 844 Filed: Letter from Cathy Gallegos, RPR, Re:12/12/1995
Transcript
02-29-1996 Note: CERTIFICATION OF LOCATION OF DEPOSITION
02-29-1996 Note: CERTIFICATION OF LOCATION OF DEPOSITION
03-05-1996 326 Filed: Deposition of John T. Caine (December 12, 1995)
03-05-1996 327 **** PRIVATE **** Filed: Exhibits Pertaining to the
Depositions of John T. Caine and Reed Richards
03-05-1996 Note: EXHIBITS PERTAINING TO THE DEPOSITIONS OF: JOHN T. CAINE AND
03-05-1996 Note: REED RICHARDS
03-05-1996 Note: DEPOSITION OF JOHN T. CAINE
03-05-1996 Note: DEPOSITION OF REED RICHARDS
03-05-1996 328 Filed: Deposition of Reed Richards (December 15, 1995)
03-06-1996 848 Filed: Memorandum Brief RE: Conflict of Interest
03-06-1996 Note: MEMORANDUM BRIEF RE CONFLICT OF INTEREST
04-02-1996 Note: HRG CONT'D BY DAVE YOCOM W/ STIP OF BRADSHAW ON TEL W/ MDL
04-02-1996 Note: 2ND SET 5/24, 2ND SET 5/28, FIRM SET 6/14
04-03-1996 Note: DAVE YOCOM CALLED TO CONFIRM 5/28 AND 6/14 DATES AFTER TALKING
04-03-1996 Note: W/ BRADSHAW & CHENEY--YOCOM TO SEND NOTICE
04-03-1996 849 Filed order: Order to Produce Prisoner
Judge MICHAEL D. LYON
Signed April 03, 1996
04-03-1996 Note: ORDER TO PRODUCE PRISONER (MDL 4/3/96) (USP 5/28/96)
04-04-1996 Note: LETTER OF 3/23/96 FROM DEFENDANT TO JUDGE BALDWIN
04-04-1996 Note: COPY OF LETTER OF 4/4/96 FROM CLERK TO DEFENDANT
04-04-1996 845 Filed: Letter from Defendant
10-03-2026 07:13 PM Page 24 of
CASE NUMBER: 921900407 State Felony259
04-04-1996 846 Filed: Letter to defendant, from Deputy Clerk
04-05-1996 855 Filed: Notice of Re-Setting of Hearing
04-05-1996 858 Filed: State of Utah's Memorandum Re: Rule 23B Hearing
04-05-1996 Note: STATE OF UTAH'S MEMO RE RULE 23B HEARING
04-05-1996 Note: NOTICE OF RE-SETTING OF HEARING
05-02-1996 860 Filed: Letter from Judge W. Brent West in response to
Letter from Defendant (attached)
05-06-1996 Note: LETTER FROM JUDGE W. BRENT WEST TO DEF. DOUGLAS A. LOVELL
05-22-1996 Note: Exhibit Review date changed to
08/31/96
05-24-1996 Note: REPLY MEMORANDUM RE CONFLICT OF INTEREST
05-24-1996 scheduled on May 28, 1996 at 01:30 PM with Judge
MICHAEL D. LYON
05-28-1996 863 Filed: Motion to Appoint and Pay Counsel
Filed by: DOUGLAS A LOVELL
05-28-1996 864 Filed: Minute Entry from 05/28/1996 Hearing
05-28-1996 1072 Filed: Commitment Order
05-28-1996 Note: Hearing: JUDGE: MICHAEL D. LYON
05-28-1996 Note: Deft Present
05-28-1996 Note: ATD: BRADSHAW, JAMES C. ATP: YOCOM, DAVID E
05-28-1996 Note: HRG scheduled for 09/04/96 at 0930 A in room 2 with MDL
05-28-1996 Note: MOTION TO APPOINT AND PAY COUNSEL
05-29-1996 Note: ORDER TO PRODUCE PRISONER (MDL 5/29/96) (USP 9/4/96)
05-29-1996 1073 Filed order: Order to Produce Prisoner
Clerk MAUREEN MAGAGNA
Signed May 29, 1996
06-07-1996 1074 Filed: Memorandum in Opposition to Defendant's Motion to
Appoint and Pay Counsel
06-10-1996 Note: MEMO IN OPPOSITION TO DEF'S MO. TO APPOINT AND PAY COUNSEL
06-13-1996 1075 Filed: Subpoena Duces Tecum - Records Clerk
06-13-1996 1076 Filed: Subpoena Duces Tecum - Transportation Department
- Records Keeper
06-23-1996 862 Filed: Reply Memorandum RE: Conflict of Interest
08-06-1996 Note: HRG SCHED BY JIM BRADSHAW, STATED HE WOULD NOTICE
08-06-1996 Note: PROSECUTOR.
08-07-1996 Note: MOT. FOR DISCOVERY
08-07-1996 Note: NOT. OF HEARING
08-07-1996 1077 Filed: Motion for Discovery
Filed by: DOUGLAS A LOVELLL
08-07-1996 1078 Filed: Notice of Hearing
08-21-1996 scheduled on August 22, 1996 at 02:00 PM with Judge
MICHAEL D. LYON
08-22-1996 Note: Hearing (MOTION HEARING): JUDGE: MICHAEL D. LYON
08-22-1996 Note: Deft not present
08-22-1996 Note: ATD: BRADSHAW, JAMES C. ATP: DAINES, WILLIAM F
08-22-1996 Note: THIS IS THE TIME SET FOR HEARING ON MOTION TO COMPEL AND
MOTION
08-22-1996 Note: TO APPOINT COUNSEL. THE MOTION TO COMPEL HAS BEEN RESOLVED.
08-22-1996 Note: DEFENSE COUNSEL MOTIONS THE COURT TO CONTINUE THE EVIDENTIARY
08-22-1996 Note: HEARING SET FOR 9/4/96. THE MOTION IS GRANTED AND THIS MATTER
08-22-1996 Note: IS CONTINUED TO 10/2/96. THE COURT WILL APPOINT COUNSEL AT
THAT
08-22-1996 Note: TIME IF NECESSARY AND WILL HEAR TESTIMONY FROM THE FACT
WITNESS.
10-03-2026 07:13 PM Page 25 of
CASE NUMBER: 921900407 State Felony259
08-30-1996 1079 Filed: Notice of Deposition
08-30-1996 Note: NOT. OF DEPOSITION
10-01-1996 Note: ORDER TO PRODUCE (10/2/96 USP)
10-01-1996 1080 Filed order: Order to Produce Prisoner
Judge MICHAEL D. LYON
Signed September 25, 1996
10-02-1996 scheduled on October 02, 1996 at 02:00 PM with Judge
MICHAEL D. LYON
10-02-1996 Note: Hearing: JUDGE: MICHAEL D. LYON
10-02-1996 Note: Deft Present
10-02-1996 Note: ATD: BRADSHAW, JAMES C. ATP: DAINES, WILLIAM F
10-02-1996 Note: THIS IS THE TIME SET FOR A CONTINUED EVIDENTIAY HEARING
10-02-1996 Note: REGARDING THE TESTIMONY OF OFFICER TERRY CARPENTER, AND THE
10-02-1996 Note: DEFENDANT'S MOTION TO APPOINT AND PAY COUNSEL.
10-02-1996 Note: REGARDING THE MOTION TO APPOINT COUNSEL, THE DEFENSE
10-02-1996 Note: REQUESTS THE COURT DEFER A DECISION AS THE STATE BELIEVES THEY
10-02-1996 Note: MAY BE ABLE TO RESOLVE THAT ISSUE.
10-02-1996 Note: TERRY CARPENTER IS SWORN AND TESTIFIES. DEFENDANT'S
10-02-1996 Note: EXHIBIT 21 IS OFFERED; COURT PREVIOUSLY RECEIVED A COPY. EX
C1D5
10-02-1996 Note: THE DEFENDANT IS SWORN AND TESTIFIES.
10-02-1996 Note: GARY HEWARD IS SWORN AND TESTIFIES.
10-02-1996 Note: THE DEFENSE REQUESTS TIME TO FILE SUPPLEMENTAL BRIEF PRIOR
10-02-1996 Note: TO DECISION BY THE COURT. THE MEMORANDUM SHALL BE FILED BY
10-02-1996 Note: 11/1/96. THE STATE HAS UNTIL 11/15/95 TO RESPOND. THE
DEFENSE
10-02-1996 Note: HAS UNTIL 11/22/96 TO REPLY AND FILE A NOTICE TO SUBMIT. THE
10-02-1996 Note: DEFENSE WILL CALL TO SET A DATE FOR ORAL ARGUMENTS IF DESIRED.
10-04-1996 1081 Filed: Notice of Change of Address
10-04-1996 Note: NOTICE OF CHANGE OF ADDRESS/ATD KAREN CHANEY
10-04-1996 Note: 313 N TEJON ST, #19
10-04-1996 Note: COLORADO SPRINGS CO 80903
10-04-1996 Note: (719) 633-9011
10-15-1996 1124 Filed: REPORTERS TRANSCRIPT - 10/02/1996 BY DEAN OLSEN
(Part 1)
10-16-1996 Note: REPORTER'S TRANSCRIPT FOR OCTOBER 2, 1996 DEAN OLSON
11-08-1996 1082 Filed: Supplemental Memorandum Re: Conflict of Interest
11-08-1996 1083 Filed: Letter from Karen A. Chaney
11-08-1996 Note: SUPPLEMENTAL MEMO RE: CONFLICT OF INTEREST
11-18-1996 1084 Filed: State of Utah's Reply to Defendant's Supplemental
Memorandum Re:Rule 23 B Hearing
11-18-1996 Note: STATE'S REPLY TO DEFTS SUPPLEMENTAL MEMORANDUM RE RULE 23 B
HRG
11-29-1996 1085 Filed: Request for Ruling
11-29-1996 Note: REQUEST FOR RULING
12-09-1996 1086 Filed: Request for Oral Argument
12-10-1996 Note: REQUEST FOR ORAL ARGUMENT
12-10-1996 1087 Filed: Supplemental Response Re: Conflict of Interest
12-10-1996 Note: SUPPLEMENTAL RESPONSE RE: CONFLICT OF INTEREST
12-17-1996 1088 Filed: Docket dated 12/17/1996
12-20-1996 Note: REQUEST FOR ORAL ARGUMENT
12-20-1996 1089 Filed: Request for Oral Arguments
01-13-1997 Note: REQUESTS FOR ORAL ARGUMENTS REFERRED TO RUTH TO SET SCHEDULING
01-13-1997 Note: CONFERENCE
10-03-2026 07:13 PM Page 26 of
CASE NUMBER: 921900407 State Felony259
01-21-1997 scheduled on January 23, 1997 at 08:45 AM with Judge
MICHAEL D. LYON
01-21-1997 Note: NO NOTICE SENT OF TEL DUE TO ELEMENT OF TIME.
01-23-1997 Note: *****TELEPHONE CONFERENCE: THE COURT ORDER THIS MATTER
01-23-1997 Note: CONTINUED TO 2/28/97, FOR ORAL ARGUMENT.
01-31-1997 scheduled on February 28, 1997 at 09:30 AM with Judge
MICHAEL D. LYON
02-10-1997 Note: NOTICE OF CHANGE OF ADDRESS FOR ATD KAREN CHANEY
02-25-1997 Note: ORDER TO PRODUCE, FAXED TO USP, COPY GIVEN TO BAILIFF
02-28-1997 Note: Hearing (ORAL ARGUMENTS): JUDGE: MICHAEL D. LYON
02-28-1997 Note: Deft Present ATP: YOCOM, DAVID
02-28-1997 Note: ATD: BRADSHAW, JAMES C. AND CHANEY, KAREN
02-28-1997 Note: CUSTODY: County Sheriff
02-28-1997 Note: THE COURT HEARS ARGUMENT FOR ATD BRADSHAW AND ATP YOCOM. THE
02-28-1997 Note: COURT TAKES THE CASE UNDER ADVISEMENT AND WILL SUBMIT A COPY
OF
02-28-1997 Note: THE FINDINGS TO THE SUPREME COURT.
02-28-1997 Note: Began tracking Taken Under Advisement Review on
04/28/97
03-07-1997 1090 Filed order: Order to Produce
Judge MICHAEL D. LYON
Signed February 25, 1997
03-21-1997 1091 Filed: Findings of Fact
Judge MICHAEL D. LYON
Signed March 21, 1997
03-24-1997 Note: FINDINGS OF FACT, SIGNED MDL 3/21/97
03-24-1997 Note: Ended tracking of Taken Under Advisement
03-24-1997 Note: FINDINGS OF FACT SENT TO SUPREME COURT
03-31-1997 Note: MAILING CERTIFICATE
03-31-1997 Note: SENT RECORD TO THE UTAH SUPREME COURT BY CERTIFIED MAIL
03-31-1997 1093 Filed: Affidavit of Mailing
03-31-1997 Note: AFF. OF MAILING
04-10-1997 Note: FILED RETURNED FOR INDEX
04-10-1997 Note: AFFIDAVIT OF MAILING AND SUPPLEMENTAL INDEX
04-10-1997 Note: SENT RECORD TO SUPREME COURT BY CERTIFIED MAIL
04-13-1997 1094 Filed return: Return
Party Served: UTAH SUPREME COURT
Service Type: Mail
Service Date: April 12, 1997
Garnishee:
04-16-1997 Note: RETURN RECIEPT
05-09-1997 Note: EXHIBIT TRACKING RECORD/EXHIBIT LIST
05-09-1997 Note: ****EXHIBITS C 2 D 2*********
05-09-1997 Note: Exhibit Review date changed to
10/31/97
05-09-1997 1095 Filed: Exhibit Tracking Record
05-09-1997 1096 Filed: Exhibit List
09-10-1997 Note: REPORTER'S TRANSCRIPT FILED BY DEAN OLSEN - TO CRAIG PENROD
09-10-1997 1126 Filed: REPORTERS TRANSCRIPT - 5/28/1996 and 2/28/1997 BY
DEAN OLSEN
09-17-1997 Note: SECOND SUPPLEMENTAL INDEX AND MAILING CERTIFICATE
09-17-1997 Note: SENT BY CERTIFIED MAIL THE TRANSCRIPTS REQUESTED BY SUPREME
09-17-1997 Note: COURT (JENNIFER)
10-28-1997 1097 Filed: Affidavit of Mailing
10-03-2026 07:13 PM Page 27 of
CASE NUMBER: 921900407 State Felony259
04-08-1999 Note: Exhibit tracking extended an additional 3 months as case is
still pending
05-14-1999 1098 Filed: Order from Supreme Court
06-24-1999 1099 Filed: Order from Supreme Court
07-07-1999 1106 Filed: Order from Supreme Court
11-26-1999 Note: Exhibit tracking extended as case still on appeal
01-21-2000 1100 Filed: Remittitur
02-25-2000 Cancelled: REVIEW scheduled on March 30, 2000 at 02:00
PM in 4th Floor Southwest with Judge MICHAEL D. LYON
03-29-2000 SENTENCING scheduled on March 30, 2000 at 02:00 PM in
4th Floor Southwest with Judge MICHAEL D. LYON
03-29-2000 Cancelled: SENTENCING scheduled on March 30, 2000 at
02:00 PM in 4th Floor Southwest with Judge MICHAEL D.
LYON
03-30-2000 Minute Entry - Minutes for SENTENCING
Judge: MICHAEL D. LYON
PRESENT
Defendant Present
Clerk: lindaf
Video
Tape Number: L33000 Tape Count: 2:17
HEARING
This is the time set for sentencing. Attorney James
Bradshaw is present representing the defendant and
Tom Brunker is present representing the Attoney
General's office.
Attorney Bradshaw motions the court to withdraw as
counsel, court grants motion. Case continued to May
18th at 2:00 pm to allow the defendant to obtain new
counsel.
SENTENCING.
Date: 05/18/2000
Time: 02:00 p.m.
Location: 4th Fl - Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
03-30-2000 1101 Filed: Minutes from Sentencing 03/30/2000
03-30-2000 1102 Filed: Order to sheriff
04-03-2000 SENTENCING scheduled on May 18, 2000 at 02:00 PM in 4th
Floor Southwest with Judge MICHAEL D. LYON
05-18-2000 1103 Filed: Minutes from 05/18/2000
05-18-2000 Minute Entry - Minutes for INCOURT NOTE
Judge: MICHAEL D. LYON
PRESENT
Defendant not present
Clerk: lindaf
Video
Case is stricken by stipulation of the parties.
07-14-2000 1104 Filed: Application for Warrant of Execution
07-14-2000 1105 Filed order: Warrant of Execution
Judge MICHAEL D. LYON
Signed May 17, 2000
09-15-2000 Fee Account created Total Due: 3.50
10-03-2026 07:13 PM Page 28 of
CASE NUMBER: 921900407 State Felony259
09-15-2000 COPY FEE Payment Received: 3.50
Note: Mail Payment;
12-11-2000 Fee Account created Total Due: 3.50
12-11-2000 COPY FEE Payment Received: 3.50
01-11-2001 Fee Account created Total Due: 34.75
01-11-2001 COPY FEE Payment Received: 34.75
05-25-2001 Fee Account created Total Due: 15.00
05-25-2001 COPY FEE Payment Received: 15.00
07-30-2001 Fee Account created Total Due: 230.00
07-30-2001 REPORTER FEES Payment Received: 230.00
Note: REPORTER FEES
08-20-2001 1117 Filed: REPORTER'S TRANSCRIPT - MOTION HEARING 8/22/94
BY LAURIE
08-20-2001 1119 Filed: REPORTER'S TRANSCRIPT - 6/1/95 - 9/28/95 -
12/7/95 - BY DEAN
09-27-2001 Trust Account created Total Due: 27.50
09-27-2001 Fee Account created Total Due: 3.00
09-27-2001 REPORTER FEES Credit Received: Transfer In: -27.50
09-27-2001 Other Trust Transfer In: 27.50
Note: Account Transfer From Fee - REPORTER FEES On
921900407 To Trust - Other Trust On 921900407; Refund
for overpayment of transcript.
09-27-2001 REPORTER FEES Credit Received: Transfer In: -3.00
09-27-2001 POSTAGE-COPIES Payment Received: Transfer In: 3.00
Note: Account Transfer From Fee - REPORTER FEES On
921900407 To Fee - POSTAGE-COPIES On 921900407; Needs to
be transferred for postage.
09-27-2001 REPORTER FEES Account Adjustment Total Due: 199.50
Reason: Overpayment of $27.50, and needed $3.00 to go
for postage.
10-01-2001 Other Trust Check # 45947 Trust Payout: 27.50
10-22-2001 872 Filed: Memorandum Supporting Motion to Withdraw Guilty
Plea and Request for Hearing
10-22-2001 868 Filed: Renewed Motion to Withdraw Guilty Plea and
Request for Hearing
11-29-2001 903 Filed: Transcript Request/Billing Statement
12-17-2001 Fee Account created Total Due: 28.00
12-17-2001 REPORTER FEES Payment Received: 28.00
Note: REPORTER FEES; Mail Payment;
03-14-2002 888 Filed: Exhibits 1-5
03-14-2002 889 Filed: Exhibit 6
03-14-2002 886 Filed: MOTION TO DISMISS
Filed by: STATE OF UTAH
03-14-2002 887 Filed: STATE'S OBJECTION TO DEFENDANT'S RENEWED MOTION
TO WITHDRAW GUILTY PLEA AND REQUEST FOR HEARING
05-02-2002 Fee Account created Total Due: 2.25
05-02-2002 COPY FEE Payment Received: 2.25
07-10-2002 891 Filed: State of Utah Second District Court Defendant's
Rights
07-22-2002 890 Filed: Notice to Submit for Decision
07-22-2002 877 Filed: MEMORANDUM IN OPPOSITION TO STATE'S MOTION TO
DISMISS MOTION TO WITHDRAW GUILTY PLEA
08-16-2002 Cancelled: ORAL ARGUMENTS scheduled on October 02, 2002
at 09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
08-16-2002 NOTICE for Case 921900407 ID 6986504
10-03-2026 07:13 PM Page 29 of
CASE NUMBER: 921900407 State Felony259
Judge: MICHAEL D. LYON
ORAL ARGUMENTS is scheduled.
Date: 10/2/2002
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-16-2002 ORAL ARGUMENTS scheduled on October 02, 2002 at 09:00 AM
in 4th Floor Southwest with Judge MICHAEL D. LYON
08-16-2002 Cancelled: ORAL ARGUMENTS scheduled on October 02, 2002
at 09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
08-16-2002 892 Filed: Notice of Oral Arguments
10-02-2002 893 Filed: Minutes - Oral Arguments
10-02-2002 894 Filed: Transcript Request/Billing Statement
10-02-2002 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D. LYON
PRESENT
Reporter: SHINGLE, LAURIE
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY HEWARD
Defendant Present
Defendant's Attorney(s): CHRISTINA SCHMUTZ
Defendant's Attorney(s): L. CLARK DONALDSON
Defendant's Attorney(s): FRANCIS A. WIKSTROM
Clerk: lindaf
Video
HEARING
This is the time set for oral arguments. The
defendant is present with counsel Francis Wikstrom,
L. Clark Donaldson and Christina Schmutz. The state
is represented by William Daines and Gary Heward.
The court hears argument from both parties.
The court grants the sate's motion to dismiss the
the motion to withdraw guilty plea. The court
directs the state to prepare an order.
10-04-2002 Filed: REPORTER'S TRANSCRIPT - 10\2\02 by Laurie
10-04-2002 Filed: TRANSCRIPT 10/2/02 by Laurie
10-18-2002 Fee Account created Total Due: 31.50
10-18-2002 REPORTER FEES Payment Received: 31.50
Note: REPORTER FEES; Mail Payment;
11-20-2002 Fee Account created Total Due: 150.00
11-20-2002 REPORTER FEES Payment Received: 150.00
Note: REPORTER FEES
11-20-2002 897 Filed: Transcript Request/Billing Statement
11-26-2002 896 Filed: Defendant Letter
12-06-2002 Fee Account created Total Due: 11.00
12-06-2002 REPORTER FEES Payment Received: 11.00
Note: REPORTER FEES
12-06-2002 Filed: TRANSCRIPT = MOTION HRG 10/2/2002 BY LAURIE
12-10-2002 895 Filed: Response to Defendant Letter
02-25-2003 898 Filed order: FINDINGS OF FACT, CONCLUSIONS OF LAW AND
10-03-2026 07:13 PM Page 30 of
CASE NUMBER: 921900407 State Felony259
ORDER
Judge MICHAEL D. LYON
Signed February 21, 2003
03-24-2003 899 Filed: NOTICE OF APPEAL -
03-28-2003 900 Filed: Letter from Supreme Court #20030262-sc
04-04-2003 902 Filed: Certificate
04-07-2003 901 Filed: Designation of Record
10-14-2003 1109 Filed: Order from Supreme Court
10-20-2003 1107 Filed: Motion for extension of time to file state's
briefe
11-19-2003 1108 Filed: Copy of motion for second time extension to file
state's brief and proposed order
04-24-2004 1110 Filed: Order from Supreme Court
04-15-2005 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL D. LYON
PRESENT
TELEPHONE CONFERENCE
Prosecutor: THOMAS BRUNKER
Prosecutor: GARY HEWARD
Prosecutor: WILLIAM DAINES
Other Attorneys: L CLARK DONALDSON
Defendant not present
Clerk: shannone
HEARING
This is time set for a telephonic scheduling
conference to set a hearing on Defendant's motion to
withdraw his plea. This case has been remanded from
the Court of Appeals.
Thomas Brunker is present on behalf of the Attorney
General's Office.
L. Clark Donaldson is present on behalf of the
defendant.
Gary Heward and Bill Daines are present on behalf of
the Weber County Attorney's Office.
The Attorney General's Office will be filing a
motion for clarification as to which motion to
withdraw the defendant's plea is now before this
court, the motion filed before Judge Taylor or the
motion filed before Judge Lyon.
The Attorney General's Office will file the motion
by Tuesday, April 19, 2005.
Any further action is postponed pending a
clarification ruling.
06-07-2005 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL D. LYON
PRESENT
Prosecutor: WILLIAM DAINES
Prosecutor: GARY HEWARD
Other Attorneys: LYNN DONALDSON
Defendant not present
Clerk: shannone
Video
Tape Number: L060705 Tape Count: 8:47
HEARING
10-03-2026 07:13 PM Page 31 of
CASE NUMBER: 921900407 State Felony259
This is time set for telephone conference to set
hearing to address the defendant's motion to
withdraw the plea.
William Daines and Gary Heward are present on behalf
of the State.
Lynn Donaldson is present on behalf of the
defendant.
Defense counsel informs the Court that he has
received permission to represent the defendant on
his appeal, but cannot represent the defendant in
court. Defense counsel moves to withdraw.
Defense counsel informs the Court that the defendant
requests representation outside of the public
defender's office. Defense counsel requests that Mr.
Bradshaw be appointed to represent the defendant.
Defense counsel informs the Court that the basis of
defendant's motion is ineffectiveness of assistance.
The Court denies defendant's request to appoint an
attorney outside of the county's public defender
association.
The State informs the Court that Mr. Bradshaw may
also have a conflict of interest as he is listed in
the Habeas Corpus.
Defense counsel responds.
The Court grants defense counsel's motion to
withdraw.
The Court orders that two death qualified public
defenders be appointed to represent the defendant.
Defense counsel informs the Court that John Caine,
Bernie Allen and Steve Laker are also named in the
Habeas Corpus.
Mr. Donaldson informs the Court that he will send a
letter to the defendant advising him of today's
proceedings.
06-08-2005 Note: Per Gary Heward: Set for a scheduling conference on 6/16/05 at
2:00 p.m.
06-08-2005 SCHEDULING CONFERENCE scheduled on June 16, 2005 at
02:00 PM in 4th Floor Southwest with Judge MICHAEL D.
LYON
06-08-2005 1111 Filed order: RULING AND ORDER (Court denies DEF's req
for appointment of non-affiliated PDA lawyers. Mr.
Donaldson's motion to withdraw is granted. Jim Retallick
and Ryan Bushell are appointed as counsel)
Judge MICHAEL D. LYON
Signed June 08, 2005
06-13-2005 Note: SCHEDULING CONFERENCE calendar modified.
06-16-2005 1112 Filed: Order to sheriff
06-16-2005 Minute Entry - Minutes for SCHEDULING CONFERENCE
Judge: MICHAEL D. LYON
PRESENT
Reporter: OLSEN, DEAN
Prosecutor: BRENDA BEATON
Other Attorneys: JIM RETALLICK, PDA
Defendant Present
Clerk: shannone
Video
HEARING
10-03-2026 07:13 PM Page 32 of
CASE NUMBER: 921900407 State Felony259
This is time set for a scheduling conference to set
oral arguments on defendant's motion to withdraw his
plea. The defendant is present in custody of the
Utah State Prison and represented by Jim Retallick.
Oral arguments are set for 8/2/05 at 9:00 a.m.
Mr. Retallick is to submit his certification to the
Court.
ORAL ARGUMENTS is scheduled.
Date: 08/02/2005
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
06-17-2005 Cancelled: ORAL ARGUMENTS scheduled on August 02, 2005
at 09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
06-17-2005 Note: SCHEDULING CONFERENCE minutes modified.
06-29-2005 1113 Filed: Remittitur
06-30-2005 1114 Filed: Remittitur
07-26-2005 1050 Filed: Return - Unserved (Subpoena Glen Paney)
07-28-2005 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL D. LYON
PRESENT
Prosecutor: GARY HEWARD
Prosecutor: WILLIAM DAINES
Other Attorneys: JAMES RETALLICK, PDA
Defendant not present
Clerk: shannone
Video
Tape Number: L072805 Tape Count: 11:47
HEARING
This is time set for a telephone conference as
requested by counsel. Gary Heward and Bill Daines
are present by telephone on behalf of the State. Jim
Retallick is present in chambers on behalf of the
defendant.
Defense counsel informs the Court that he is having
difficulty gathering all of the documents needed for
the hearing as there are more than a dozen attorneys
that have a piece of the record.
Defense counsel further informs the Court that they
will be filing a motion to clarify the issues that
will be before the court and requests that the
hearing currently set for 8/2/05 be continued.
Defense counsel argues that this would permit a
cleaner hearing as well as protect an appeal.
The original pro se motion to withdraw the plea
filed by the defendant in 1993 and the amended
motion filed by subsequent counsel in 2001 will be
the motions presented to the court.
The State does not object to the continuance. The
State informs the Court that the response to defense
counsel's anticipated motion will be filed by the
Attorney General's office. The County Attorney will
be present for the hearings.
10-03-2026 07:13 PM Page 33 of
CASE NUMBER: 921900407 State Felony259
Defense counsel informs the Court that they will be
arguing as broadly as possible and that the brief
would provide for a "road map" for the hearing.
Defense counsel's motion is to be filed by 8/2/05.
The Attorney General's response is to be filed by
8/24/05.
Defense counsel will then have on week to file a
reply.
Oral arguments are continued to 9/7/05 at 8:30 a.m.
to clarify the intent of the two motions for future
briefing and argument.
ORAL ARGUMENTS.
Date: 09/07/2005
Time: 08:30 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
The reason for the change is Case continued
08-01-2005 Rescheduled: ORAL ARGUMENTS rescheduled to September 07,
2005 at 08:30 AM in 4th Floor Southwest with Judge
MICHAEL D. LYON
08-02-2005 1115 Filed: Subpoena - Tony Carpenter
08-04-2005 1027 Filed: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF DEFENDANT'S MOTION TO CLARIFY ISSUES FOR ARGUMENT.
08-04-2005 1028 Filed: APPENDIX A-B
08-04-2005 1029 Filed: APPENDIX C-E
08-04-2005 1030 Filed: APPENDIX F
08-23-2005 1031 Filed: APPEARANCE OF CO-COUNSEL, THOMAS B BRUNKER,
CHRISTOPHER D BALLARD
08-23-2005 1032 Filed: STATE'S RESPONSE TO DEF'S MOTION TO CLARIFY
ISSUES FOR ARGUMENT
09-06-2005 1033 Filed: Reply to State's Response to Defendant's Motion
to Clarify Issues for Argument
09-07-2005 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D. LYON
PRESENT
Reporter: COVINGTON, TRACY
Prosecutor: CHRISTOPHER D BALLARD
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Other Attorneys: JAMES RETALLICK, PDA
Other Attorneys: RYAN BUSHELL, PDA
Defendant Present
Clerk: shannone
Video
Tape Number: L090705
HEARING
This is time set for hearing to clarify the issues
that the Supreme Court has asked the trial court to
address.
Thomas Brunker and Christopher Ballard are present
on behalf of the State of Utah.
William Daines is present on behalf of the Weber
County Attorney's Office.
10-03-2026 07:13 PM Page 34 of
CASE NUMBER: 921900407 State Felony259
The defendant is present in custody of the Utah
State Prison and represented by James Retallick and
Ryan Bushell.
This hearing has been set at defense counsel's
request.
Mr. Retallick addresses the Court and presents
arguments supporting his written motion to clarify
previously filed with the Court.
Defense counsel argues that the focus should be the
1993 statute.
Defense counsel argues that the issues include Rule
11 violations, error of counsel, and the totality of
the factors of the illusory negotiation.
COUNT: 9:07
Mr. Ballard responds and presents arguments. The
State requests that the Court make decisions as to
both versions of the statute separately and then let
the Supreme Court determine which statute is
appropriate and ignore the other analysis.
The State requests that findings be prepared as to
whether the defendant was prejudiced by Rule 11
violations.
The State requests that defense counsel's issues be
limited to what was alleged in both the 1993 motion
and the 2001 renewed motion.
COUNT: 9:16
Mr. Retallick responds and presents further
argument. Defense counsel requests a few days to
decide if they will be requesting and interlocutory
appeal from the Supreme Court.
COUNT: 9:21
Mr. Ballard requests a scheduling deadline be set as
well as notification from defense counsel as to what
errors they are relying on.
Defense counsel is to enumerate the claims and
provide a listing to the State by 9/30/05. Defense
counsel requests that the specific facts remain
open.
Matter is set for 9/15/05 at 2:00 p.m. Defense
counsel is to inform the Court if they will be
requesting an interlocutory appeal. Further
scheduling will also be addressed. The defendant
will not be transported for the conference.
COUNT: 9:25
Before the Court is the responsibility to decide if
the trial court failed to strictly comply with Rule
11 and if so, if the defendant can demonstrate
prejudice.
The trial court is to also determine if a
constitutional error occurred.
Evidentiary hearing is not set at this time.
SCHEDULING CONFERENCE is scheduled.
Date: 09/15/2005
Time: 02:00 p.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
09-07-2005 SCHEDULING CONFERENCE scheduled on September 15, 2005 at
02:00 PM in 4th Floor Southwest with Judge MICHAEL D.
LYON
10-03-2026 07:13 PM Page 35 of
CASE NUMBER: 921900407 State Felony259
09-07-2005 1034 Filed: Minutes - Oral Arguments
09-15-2005 Minute Entry - Minutes for SCHEDULING CONFERENCE
Judge: MICHAEL D. LYON
PRESENT
Reporter: OLSEN, DEAN
Prosecutor: CHRISTOPHER BALLARD
Prosecutor: WILLIAM DAINES
Other Attorneys: JAMES RETALLICK, PDA
Defendant not present
Clerk: shannone
Video
HEARING
This is time set for a scheduling conference. The
defendant has not been transported for today's
proceedings.
Christopher Ballard is present on behalf of the
Attorney General's office.
William Daines is present on behalf of the Weber
County Attorney's Office.
James Retallick is present on behalf of the
defendant.
Defense counsel will not be filing an interlocutory
appeal.
Three-day evidentiary hearing is set for 11/14/05,
11/15/05, and 11/16/05 at 9:00 a.m. Counsel will
file briefing following hearing.
EVIDENTIARY HEARING is scheduled.
Date: 11/14/2005
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
EVIDENTIARY HEARING.
Date: 11/15/2005
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
EVIDENTIARY HEARING.
Date: 11/16/2005
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
09-19-2005 EVIDENTIARY HEARING scheduled on November 14, 2005 at
09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
09-19-2005 EVIDENTIARY HEARING scheduled on November 15, 2005 at
09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
10-03-2026 07:13 PM Page 36 of
CASE NUMBER: 921900407 State Felony259
LYON
09-19-2005 EVIDENTIARY HEARING scheduled on November 16, 2005 at
09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
10-12-2005 1035 Filed order: ORDER ON MOTION TO CLARIFY ISSUES FOR
ARGUMENT
Judge MICHAEL D. LYON
Signed October 05, 2005
11-14-2005 1143 Filed: Exhibit Tracking Sheet
11-14-2005 Fee Account created Total Due: 2.00
11-14-2005 COPY FEE Payment Received: 2.00
11-14-2005 1036 Filed: Order to Sheriff
11-14-2005 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge: MICHAEL D. LYON
PRESENT
Reporter: OLSEN, DEAN
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY HEWARD
Prosecutor: CHRISTOPHER D BALLARD
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
TRIAL
This is time set for an evidentiary hearing based on
the defendant's motion to withdraw his plea. The
defendant is present in custody of the Utah State
Prison and represented by James Retallick and Ryan
Bushell.
William Daines and Gary Heward are present on behalf
of the Weber County Attorney's Office.
Charles Ballard is present on behalf of the Attorney
General's office.
COUNT: 9:16
Counsel meets in chambers.
COUNT: 10:11
Mr. Retallick presents opening arguments.
COUNT: 10:15
Mr. Daines waives opening arguments.
COUNT: 10:15
Mr. Bushell present opening arguments regarding Rule
11(e).
COUNT: 10:19
Defendant's witness 1, Douglas Lovell is sworn and
testifies. Examination is presented. The witness
answers the inquiries of the Court.
COUNT: 1:40
Cross-examination of defendant's witness 1 is
presented. Re-direct and re-cross is presented.
COUNT: 2:46
Defense counsel informs the Court that their other
witness, John Caine is not available until tomorrow.
The State will call their witness today out of
order.
COUNT: 3:00
10-03-2026 07:13 PM Page 37 of
CASE NUMBER: 921900407 State Felony259
State's witness 1, Terry Carpenter is sworn and
testifies. Examination, cross-examination, and re-
direct is presented.
COUNT: 3:26
State's exhibit P2 is offered and received with no
objection.
Hearing shall resume on 11/15/05 at 9:00 a.m.
11-14-2005 1037 Filed: Notice of Appearance, Heidi Nestel on behalf of
Kimberlyn Salazar
11-14-2005 Note: Hold Motion and Order to Designate Victim Representative until
11/28/05.
11-15-2005 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge: MICHAEL D. LYON
PRESENT
Reporter: SHINGLE, LAURIE
Prosecutor: CHRISTOPHER D BALLARD
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY HEWARD
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
TRIAL
This is time set for continued evidentiary hearing
on defendant's motion to withdraw his plea of
guilty. The defendant is present in custody of the
Utah State Prison and represented by James Retallick
and Ryan Bushell.
Gary Heward and William Daines is present on behalf
of the Weber County Attorney's Office.
Thomas Brunker and Christopher Ballard are present
on behalf of the Attorney General's office.
Defendant's witness 2, John Caine is sworn and
testifies. Examination, cross-examination, re-direct
and re-cross is presented.
Defense counsel offers exhibit D1. State objects.
Court denies exhibit.
COUNT: 1:39
Mr. Bushell informs the Court that the defendant
requests that Rhonda Buttars take the stand and
answer questions of counsel.
Defense counsel feels that the witness's testimony
may not be relevant and may be more detrimental than
beneficial. Defense counsel requests that the Court
rule whether or not the witness's testimony would be
relevant.
Defense counsel's motive is to show that Rhonda
Buttars was more involved in this crime and in past
crimes with the defendant than was stated and argued
by John Caine at time of sentencing.
The State responds. The State argues that having the
witness testify does not follow the motions to
withdraw the plea and that prosecutors have the
right to immunize a witness. The State argues that
the witness's testimony is irrelevant.
The Court finds and rules that the testimony of
Rhonda Buttars is not relevant as to what the
Supreme Court has asked this court to do.
10-03-2026 07:13 PM Page 38 of
CASE NUMBER: 921900407 State Felony259
Court is in recess until tomorrow morning.
Evidentiary hearing will resume tomorrow at 9:00
a.m.
11-15-2005 1038 Filed: Order to Sheriff
11-16-2005 Minute Entry - Minutes for EVIDENTIARY HEARING
Judge: MICHAEL D. LYON
PRESENT
Reporter: SHINGLE, LAURIE
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY HEWARD
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
TRIAL
This is time set for continued evidentiary hearing
on defendant's motion to withdraw his plea. The
defendant is present in custody of the Utah State
Prison and represented by James Retallick and Ryan
Bushell.
William Daines and Gary Heward are present on behalf
of the Weber County Attorney's Office.
Thomas Brunker is present on behalf of the Attorney
General's Office.
Counsel meets in chambers.
Court gives an explanation of the meeting in
chambers for the media. Mr. Retallick objects to Mr.
Heward's statement, "She's Gone" that was made
yesterday. Court sustains objection, statement is
stricken from the record.
Mr. Retallick requests that the explanation of the
Court to the media also be stricken from the record.
Court grants request.
COUNT: 10:05
Defendant's witness 3, Elder Monan Anderson Lovell
is sworn and testifies. Examination and cross-
examination is presented.
COUNT: 10:14
Defense counsel rests.
COUNT: 10:16
Mr. Retallick informs the Court that the State does
not object to defense counsel submitting the parts
of John Caine's deposition in which he testified to.
The sections of the deposition will be submitted in
a few days as evidence.
After the evidence is received, counsel will contact
the clerk to scheduling a telephone conference to
set a briefing schedule. If either party wants oral
arguments on the briefs set, they may file a request
for hearing.
COUNT: 10:38
State's witness 2, John Caine takes the stand. Mr.
Caine is still under oath. Examination, cross-
examination, and re-direct is presented.
COUNT: 10:40
Plaintiff's exhibit P5 is entered.
COUNT: 10:59
10-03-2026 07:13 PM Page 39 of
CASE NUMBER: 921900407 State Felony259
Case is closed. Counsel shall initiate a telephone
conference when they are ready to proceed.
11-16-2005 1039 Filed: Order to Sheriff
11-16-2005 1040 Filed: Transcript Request/Billing Statement
12-05-2005 Filed: TRANSCRIPT volume 1 of 3 evidentiary hearing on
11 14 05 by Dean
12-05-2005 Filed: TRANSCRIPT volume 2 of 3 evidentiary hearing on
11/15/2005 by Laurie
12-05-2005 Filed: TRANSCRIPT volume 3 of 3 evidentiary hearing on
11/16/05 by Laurie
12-12-2005 1041 Filed order: Motion and Order to Designate Victim
Representative
Judge MICHAEL D. LYON
Signed December 12, 2005
12-19-2005 Fee Account created Total Due: 1,172.00
12-19-2005 REPORTER FEES Payment Received: 1,172.00
Note: REPORTER FEES
12-20-2005 1042 Filed: Request for Telephone Conference
12-20-2005 1043 Filed: Letter from Defendant - RE: Ms. Butters Testimony
01-09-2006 1044 Filed: Letter/motion from DEF - RE: Mis-representation
of Counsel
01-12-2006 1045 Filed: Motion to Reconsider Ruling regarding Rhonda
Buttar's testimony and request for hearing
Filed by: DOUGLAS A LOVELL
01-12-2006 Fee Account created Total Due: 0.75
01-12-2006 COPY FEE Payment Received: 0.75
Note: 1.00 cash tendered.
01-31-2006 1047 Filed: Memorandum Opposing Motion to Reconsider ruling
regarding Rhonda Buttar's testimony and Request for
Hearing
Filed by: STATE OF UTAH
02-15-2006 1046 Filed: Request to Submit for Decision
03-08-2006 TELEPHONE CONFERENCE scheduled on March 15, 2006 at
08:45 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
03-15-2006 ORAL ARGUMENTS scheduled on April 05, 2006 at 01:00 PM
in 4th Floor Southwest with Judge MICHAEL D. LYON
03-15-2006 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL D. LYON
PRESENT
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY HEWARD
Defendant not present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
Tape Number: L031506 Tape Count: 9:10
HEARING
This is time set for a telephonic scheduling
conference to set oral arguments on defendant's
motion to reconsider the ruling regarding the
testimony of Rhonda Buttars.
Thomas Brunker is present on behalf of the Attorney
General's office by telephone.
10-03-2026 07:13 PM Page 40 of
CASE NUMBER: 921900407 State Felony259
William Daines and Gary Heward are present on behalf
of the Weber County Attorney's Office in chambers.
James Retallick and Ryan Bushell are present on
behalf of the defendant by telephone.
Defense counsel waives the court reporter.
One-hour oral arguments are set for 4/5/06 at 1:00
p.m.
A briefing schedule will also be established at this
time.
ORAL ARGUMENTS is scheduled.
Date: 04/05/2006
Time: 01:00 p.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D. LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
03-15-2006 986 Filed: Minutes Telephone Conference
03-21-2006 Note: Request for telephone conference dated 12/20/05 filed away -
Briefing schedule will be addressed at hearing.
03-22-2006 987 Filed: Letter from Defendant
04-05-2006 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D LYON
PRESENT
Reporter: OLSEN, DEAN
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY HEWARD
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
HEARING
This is time set for oral arguments on defendant's
motion to reconsider the ruling regarding Rhonda
Buttars testimony.
Thomas Brunker is present on behalf of the Attorney
General's Office.
William Daines and Gary Heward are present on behalf
of the Weber County Attorney's Office.
The defendant is present in custody of the Utah
State Prison and represented by James Retallick and
Ryan Bushell.
Mr. Retallick addresses a preliminary matter. The
defendant is not ready to proceed today and is
requesting a continuance. The defendant has not been
able to speak with attorneys.
The defendant further asserts that new issues arise
out of the transcripts received by the defendant in
February that support the issue as to whether the
defendant has a good basis to withdraw his plea.
The Court responds and informs the parties that the
only issue present today is whether or not the Court
will allow the testimony of Rhonda Buttars.
The Court finds that no notice has been provided to
the State.
The Court will proceed with oral arguments.
10-03-2026 07:13 PM Page 41 of
CASE NUMBER: 921900407 State Felony259
The defendant addresses the Court and presents
arguments.
The Court informs the defendant that proper
procedure was not followed to request a continuance
and that the motion today is a narrow issue.
Further, the defendant has not noticed the State.
The State agrees with the Court and is ready to
proceed today with oral arguments.
Defense counsel presents further arguments.
The Court grants the defendant's motion for
continuance.
Telephone conference is set for 4/10/06 at 9:00 a.m.
to set further oral arguments.
Counsel is directed to stay in contact with the
defendant.
04-05-2006 988 Filed: Minutes - Oral Arguments
04-05-2006 989 Filed: Order to Sheriff
04-07-2006 TELEPHONE CONFERENCE scheduled on April 10, 2006 at
09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
04-10-2006 ORAL ARGUMENTS scheduled on April 28, 2006 at 10:30 AM
in 4th Floor Southwest with Judge MICHAEL D. LYON
04-10-2006 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Defendant not present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
Tape Number: L041006 Tape Count: 9:00
HEARING
This is time set for a telephonic scheduling
conference to set oral arguments on defendant's
motion to reconsider the ruling regarding Rhonda
Buttars testimony.
James Retallick and Ryan Bushell are present in
chambers on behalf of the defendant.
Thomas Brunker is present by telephone on behalf of
the Attorney General's Office.
William Daines is present by telephone on behalf of
the Weber County Attorneys Office.
Mr. Retallick represents to the Court what is in the
transcripts.
Mr. Daines responds.
The Court feels that is has to address the motion.
Mr. Brunker requests further briefing on the issue.
Defense counsel shall submit an amended brief by
4/14/06.
The State shall file its response by 4/21/06.
Oral arguments are set for 4/28/06 at 10:30 a.m.
ORAL ARGUMENTS is scheduled.
Date: 04/28/2006
Time: 10:30 a.m.
Location: 4th Floor Southwest
10-03-2026 07:13 PM Page 42 of
CASE NUMBER: 921900407 State Felony259
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
04-10-2006 990 Filed: Minutes - Telephone Conference
04-17-2006 991 Filed: Amended Motion to reconsider ruling regarding
Rhonda Buttar's Testimony and Request for Hearing
Filed by: DOUGLAS A LOVELLL
04-24-2006 992 Filed: Supplemental Memorandum Opposing Motion to
Reconsider Ruling Regarding Rhonda Buttar's Testimony
and Request for Hearing
04-25-2006 993 Filed: Letter from Defendant RE: Intent to Testify at
4/28/06 Hearing
04-28-2006 994 Filed: Minutes - Oral Arguments
04-28-2006 995 Filed: Order to Sheriff
04-28-2006 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D LYON
PRESENT
Reporter: SHINGLE, LAURIE
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
HEARING
This is time set for oral arguments on defendant's
motion to reconsider the ruling regarding Rhonda
Buttars' testimony.
Thomas Brunker is present on behalf of the Attorney
General's Office.
William Daines and Gary Heward are present on behalf
of the Weber County Attorney's Office.
The defendant is present in custody of the Utah
State Prison and represented by James Retallick and
Ryan Bushell.
Mr. Retallick addresses the letter dated 4/22/06
submitted by the defendant regarding his intention
to testify at today's proceedings. Mr. Retallick
proffers the testimony of the defendant.
The Court addresses all parties. The Court informs
the parties that it has a responsibility to bring
closure to the matter.
Defense counsel argues that the defendant did not
know that Terry Carpenter was going to testify
during the evidentiary hearing last November and
that the defendant did not know that he could take
the stand and present rebuttal testimony.
Mr. Brunker responds. Mr. Brunker argues that the
letter dated 4/22/06 was ex parte communication and
that a copy was forwarded to him by the Court.
The Court directs Mr. Lovell to send all
correspondence through his attorney.
Mr. Lovell responds and argues that due to
communication problems with his counsel, he had to
send the letter directly to the court.
10-03-2026 07:13 PM Page 43 of
CASE NUMBER: 921900407 State Felony259
Mr. Brunker continues with his arguments. Mr.
Brunker argues that the defendant had time to
testify during the evidentiary hearing and that he
had the transcripts in his possession for months
prior to filing this ex parte motion on 1/4/06.
Mr. Brunker requests that the Court put a stop to
the incremental evidence being challenged by the
defendant.
Mr. Retallick responds and presents further
arguments.
The Court informs all parties that it does not want
to create any appealable issues or obviate any risk
of that. The Court inquires as to any prejudice to
the State if the Court was to re-open the matter and
allow the defendant to testify.
Mr. Brunker argues that the State would be
prejudiced as they have not subpoenaed Mr. Carpenter
for today's proceedings.
Mr. Retallick answers the inquiries of the Court.
The Court rejects the argument categorically that
the defendant did not know the he didn't have the
evidentiary right to present rebuttal testimony. The
Court will not allow the defendant to clarify his
testimony.
COUNT: 10:51
Mr. Bushell presents arguments regarding the
defendant's motion to reconsider the testimony of
Rhonda Buttars. Mr. Bushell argues that the
testimony of Ms. Buttars would support the claim of
ineffectiveness of counsel.
Mr. Bushell answers the inquiries of the Court.
Mr. Bushell requests that the Court take Ms.
Buttars' testimony and then decide if it is
relevant.
COUNT: 11:01
Mr. Brunker responds and presents arguments. Mr.
Brunker argues that the level of Ms. Buttars'
involvement is on record. The defendant's argument
of this being a condition of the plea being entered
is not relevant.
Mr. Brunker argues that the testimony may have made
a difference at the penalty phase.
Mr. Brunker answers the inquiries of the Court.
COUNT: 11:11
Mr. Bushell responds and presents further arguments.
COUNT: 11:15
Mr. Brunker presents further arguments.
COUNT: 11:17
Court is in recess.
COUNT: 11:46
The Court presents its ruling.
A three-day evidentiary hearing was held in November
2005 regarding the defendant's motion to withdraw
his plea. During the evidentiary hearing, defense
counsel moved to call Rhonda Buttars to testify.
The Court found the testimony to be irrelevant and
excluded the testimony.
The Court affirms its ruling.
The Court finds that Mr. Caine's unwillingness to
ask certain questions occurred after the plea was
entered.
10-03-2026 07:13 PM Page 44 of
CASE NUMBER: 921900407 State Felony259
The Court finds that the issue is only relevant to
the claim of ineffectiveness of counsel during the
penalty phase, not during the entry of plea.
The Court finds the motion to be categorically
irrelevant and therefore denies the motion to
reconsider the ruling regarding Rhonda Buttars'
testimony.
Further briefing scheduling regarding the
defendant's motion to withdraw his plea is
established.
Defense counsel shall file their brief by 5/19/06.
The State shall file their response by 6/9/06.
Defense counsel shall file their reply by 6/23/06.
Oral arguments are set for 8/11/06 at 10:00 a.m.
05-01-2006 ORAL ARGUMENTS scheduled on August 11, 2006 at 10:00 AM
in 4th Floor Southwest with Judge MICHAEL D. LYON
05-15-2006 Note: $2.31 FOR POSTAGE FEES
05-15-2006 Fee Account created Total Due: 133.00
05-15-2006 Fee Account created Total Due: 2.31
05-15-2006 REPORTER FEES Payment Received: 133.00
05-15-2006 COURT COSTS Payment Received: 2.31
Note: REPORTER FEES
05-15-2006 Note: Transcript Oral Arguments Dated April 28, 2006 filed May 12,
2006
05-15-2006 996 Filed: Transcript Request/Billing Statement
05-24-2006 REPORTER FEES Credit Received: Payment Reversal: -133.00
05-24-2006 COURT COSTS Credit Received: Payment Reversal: -2.31
Note: Needs to be applied to reporter fees and postage.
05-24-2006 Fee Account created Total Due: 133.00
05-24-2006 REPORTER FEES Payment Received: 133.00
Note: REPORTER FEES
05-24-2006 Fee Account created Total Due: 2.31
05-24-2006 POSTAGE-COPIES Payment Received: 2.31
Note: POSTAGE-COPIES
05-30-2006 997 Filed: Motion to Modify Briefing Schedule
Filed by: DOUGLAS A LOVELLL
05-30-2006 Note: Rec Order modifying Briefing Schedule
06-01-2006 998 Filed order: ORDER DIRECTING PREPARATION OF PRELIMINARY
HEARING TRANSCRIPT
Judge MICHAEL D. LYON
Signed June 01, 2006
06-01-2006 999 Filed: Motion for Preparation of Preliminary Hearing
Transcript
Filed by: DOUGLAS A LOVELL
06-12-2006 1000 Filed order: ORDER MODIFYING BRIEFING SCHEDULE
Judge MICHAEL D. LYON
Signed June 09, 2006
06-26-2006 1001 Filed: Motion to Extend Time
Filed by: STATE OF UTAH
06-29-2006 1004 Filed: Memorandum Opposing Motion to Withdraw Guilty
Plea (3)
06-29-2006 1005 Filed: Memorandum Opposing Motion to Withdraw Guilty
Plea (4)
06-29-2006 1002 Filed: Memorandum Opposing Motion to Withdraw Guilty
Plea (1)
06-29-2006 1003 Filed: Memorandum Opposing Motion to Withdraw Guilty
Plea (2)
10-03-2026 07:13 PM Page 45 of
CASE NUMBER: 921900407 State Felony259
06-30-2006 Note: Court will approve AG's motion to extend time. Mr. Brunker
shall prepare the order.
07-10-2006 Note: Rec'd order on motion to exted time
07-11-2006 Note: Forwarded Order on State's Motion to Extend Time to MDL
07-13-2006 1049 Filed order: Order on State's Motion to Extend Time
Judge MICHAEL D. LYON
Signed July 13, 2006
07-17-2006 1051 Filed: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF DEFENDANTS MOTION TO WITHDRAW GUILTY PLEA
07-18-2006 Note: Original Memorandum in Support of DEF's Motion to Withdraw
Guilty Plea was never received by the Court. Court's copy is placed
in case file as a replacement copy.
08-02-2006 1052 Filed: DEFENDANTS REPLY TO THE STATES MEMORANDUM
OPPOSING DEFENDANTS MOTION TO WITHDRAW GUILTY PLEA
08-09-2006 Note: File and Def's Reply to State's Memorandum Opposing Def's
Motion to Withdraw Guilty Plea sent to MDL for Review.
08-11-2006 1053 Filed: Order to Sheriff
08-11-2006 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D LYON
PRESENT
Prosecutor: THOMAS B BRUNKER
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
Video
HEARING
This is time set for oral arguments on defendant's
motion to withdraw his plea. The defendant is
present in custody of the Utah State Prison and
represented by James Retallick and Ryan Bushell.
Thomas Brunker is present on behalf of the Attorney
General's Office.
Gary Heward and William Daines are present on behalf
of the Weber County Attorney's Office.
Mr. Retallick addresses the Court. Counsel received
a letter on 8/5/06 from the defendant indicating
concerns and additions requested to the briefs. A
copy is provided to the State and to the Court.
Issues are reviewed.
Mr. Brunker responds and objects to the admitting of
the additions as requested by the defendant with the
exception of paragraph 2 regarding the testimony of
Rhonda Buttars.
Mr. Retallick responds and answers the inquiries of
the Court.
As to issue no. 1, the interview with John Caine in
which the State was not present, the Court excludes
this material. The issue was plainly before the
Court in November and should have been fully
reviewed and explored and that time.
If the Court allows this material, it would be
unexamined by the State and create disadvantage.
Issue no. 3 regarding the testimony of the defendant
during the penalty phase being relevant is reserved
to allow defense counsel additional time to locate
and research the record.
10-03-2026 07:13 PM Page 46 of
CASE NUMBER: 921900407 State Felony259
As to issue no. 4, the argument that John Caine was
not present during some of the transportation of the
the defendant from the Utah State Prison, the Court
will visit the record and address the issue in its
decision.
Court proceeds with oral arguments on defendant's
motion to withdraw his plea.
Mr. Bushell presents arguments regarding Rule 11.
Counsel asserts that any deviation from Rule 11
creates a presumption that the plea was not entered
knowingly and voluntarily and therefore there is a
basis to withdraw the plea.
Defense counsel further argues that Rule 11 was not
strictly complied with and that the plea agreement
has several deficiencies.
Defense counsel answers the inquiries of the Court.
The State responds and presents arguments. The State
answers the inquiries of the Court.
Defense counsel responds.
Mr. Retallick presents arguments regarding the
illusionary plea and answers the inquiries of the
Court.
State responds and presents arguments.
Defense counsel responds and answers the inquiries
of the Court.
Defense counsel revisits issue no. 3. Defense
counsel informs the Court that the record of the
defendant's testimony is as the State maintains. The
defendant did affirm that he returned and buried Ms.
Yost with a shovel.
Mr. Brunker responds.
The Court takes the motion under advisement and will
prepare a thoughtful analysis and a thoughtful
decision. The Court will issue a written decision
within 60 days.
The State requests that the decision include legal
conclusions as though the motion was filed and
addressed timely and as though it had not gone
through the Supreme Court.
The Court agrees.
Defense counsel agrees and will waive the 60-days
period.
The Court affirms that it will have a decision
within the 60 days.
08-12-2006 1054 Filed: Supplement to Defendant's Reply to the State's
Memorandum Opposing Defendant's Motion to Withdraw
Guilty Plea
08-22-2006 1055 Filed: Letter by Kim Salazar (unread)
09-06-2006 329 Filed: Transcript of Oral Argument dated 8-11-2006
09-07-2006 Note: Rec'd Motion and Order for Preparation of Transcipts
09-07-2006 Note: Copy of Motion and Order for Preparation of Transcipts placed
in Court Reporters basket
09-08-2006 1056 Filed order: Order for Preparation of Transcripts
Judge MICHAEL D. LYON
Signed September 08, 2006
09-08-2006 Note: Copy to court reporters
09-21-2006 1057 Filed: LETTER FROM THOMAS B BRUNKER ASSISTANT ATTORNEY
GENERAL
09-22-2006 Note: Letter from Thomas B Brunker sent to MDL for review
09-28-2006 Fee Account created Total Due: 339.50
09-28-2006 REPORTER FEES Payment Received: 339.50
10-03-2026 07:13 PM Page 47 of
CASE NUMBER: 921900407 State Felony259
Note: REPORTER FEES, Mail Payment;
09-28-2006 1058 Filed: Transcript Request/Billing Statement
10-05-2006 1059 Filed order: Memorandum Decision on Defendant's Original
and Renewed Motion to Withdraw Guilty Plea (motion
denied)
Judge MICHAEL D. LYON
Signed October 05, 2006
11-01-2006 1060 Filed: Letter by Thomas B. Brunker
11-03-2006 1061 Filed: Notice of Appeal
11-03-2006 Note: Copy of notice of appeal placed in court reporter's basket.
11-03-2006 Note: Certified copy of notice of appeal sent to the Court of
Appeals via interoffice mail.
11-13-2006 1062 Filed: Letter from Supreme Court appeal filed case
20061025
11-16-2006 1064 Filed: Transcript Request
11-16-2006 1063 Filed: DESIGNATION OF RECORD
11-29-2006 Note: Rec'd Motion and Order for Preparation of Transcripts. Copy
placed in Court Reporters basket.
12-11-2006 1065 Filed order: Motion and Order for Preparation of
Transcripts
Judge MICHAEL D. LYON
Signed December 11, 2006
12-11-2006 Note: Copy of Order provided to court reporters
12-22-2006 Filed: Reporter transcript telephone conference
07/28/05, prepared by Dean Olsen
12-22-2006 Filed: Reporter transcript motion to clarify 09/07/2005,
prepared by Tracy Convington
12-22-2006 Filed: Reporter transcript oral arguments 04/05/06,
prepared by Dean Olsen
12-22-2006 Filed: Reporter transcript telephone conference
03/15/06, prepared by Dean Olsen
01-19-2007 Fee Account created Total Due: 266.00
01-19-2007 REPORTER FEES Payment Received: 266.00
Note: REPORTER FEES, Mail Payment;
01-26-2007 Note: Clerk re-entered letter/motion rec'd from DEF (clock-in date
1/9/06). Letter was entered into incorrect case no.
01-26-2007 Note: Supplement to DEF's Reply to ST's Memo Opp DEF's Motion to
Withdraw Guilty Plea was never entered. Filing was with Judge for
review. Doc has not been ent'd and backdated.
01-31-2007 Note: Record and transcripts sent to the Supreme Court of Utah via
interoffice mail.
03-26-2007 Note: Transcripts of Evidentiary Hearing, Volumes 1 through 3, sent
to Court of Appeals via interoffice mail.
07-02-2007 SUPREME COURT REMAND scheduled on July 16, 2007 at 09:00
AM in 4th Floor Southwest with Judge MICHAEL D. LYON
07-03-2007 1066 Filed: Utah Supreme Court Order signed 6/29/07
07-06-2007 1067 Filed: Utah Supreme Court Order signed 6/29/07
(Duplicate)
07-16-2007 1068 Filed: Minutes - Supreme Court Remand
07-16-2007 1069 Filed: Order to Sheriff
07-16-2007 Minute Entry - Minutes for SUPREME COURT REMAND
Judge: MICHAEL D LYON
PRESENT
Reporter: FLANAGAN, DIANE
Prosecutor: THOMAS B BRUNKER
Prosecutor: GARY R HEWARD
Other Attorneys: KENT R HART
10-03-2026 07:13 PM Page 48 of
CASE NUMBER: 921900407 State Felony259
Other Attorneys: DAVID C WILSON
Defendant Present
Defendant's Attorney(s): RYAN J BUSHELL
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
CAT/CIC
HEARING
This is time set for hearing to appoint appellate
counsel. The defendant is present in custody of the
Utah State Prison and is represented by James
Retallick and Ryan Bushell.
Kent Hart, appointed federal defender for Mr. Lovell
is present.
Gary Heward is present on behalf of the Weber County
Attorney's Office.
David Wilson is present on behalf of Weber County
Corporation.
Thomas Brunker is present on behalf of the Attorney
General's Office.
Heidi Nestal is present on behalf of the victim's
family.
Mr. Retallick addresses the court. Under Rule 38(b)
and Rule 8(d), Mr. Retallick is not qualified to
represent the defendant at the appeal court level.
Mr. Retallick is only qualified to represent the
defendant at the trial court level.
Mr. Brunker addresses the court. Mr. Brunker agrees
that new counsel should be appointed.
Heidi Nestal addresses the court on behalf of the
victim's family. The victim's daughter is requesting
to address the court. The court will permit her to
address the court.
Kim Salazar, the victim's daughter addresses the
court.
Mr. Wilson addresses the court and requests a one-
week continuance to allow him additional time to
provide names of qualified attorneys.
Mr. Retallick represents that Dave Finlayson has
agreed to take the case.
Mr. Hart confirms that Mr. Finlayson has agreed to
take the case.
Matter is continued to 7/23/07 at 9:00 a.m. to allow
the County Attorney's office additional time to make
a decision as to who shall be appointed.
If counsel is not ready to proceed on 7/23/07, the
matter shall be set for 7/26/07 at 2:00 p.m.
SUPREME COURT REMAND is scheduled.
Date: 07/23/2007
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
SUPREME COURT REMAND.
Date: 07/26/2007
Time: 02:00 p.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
10-03-2026 07:13 PM Page 49 of
CASE NUMBER: 921900407 State Felony259
Second District Court
2525 Grant Avenue
Ogden, UT 84401
07-19-2007 Cancelled: SUPREME COURT REMAND scheduled on July 23,
2007 at 09:00 AM in 4th Floor Southwest with Judge
MICHAEL D. LYON
07-19-2007 SUPREME COURT REMAND scheduled on July 26, 2007 at 02:00
PM in 4th Floor Southwest with Judge MICHAEL D. LYON
07-20-2007 Cancelled: SUPREME COURT REMAND scheduled on July 23,
2007 at 09:00 AM in 4th Floor Southwest with Judge
MICHAEL D. LYON
Reason: Case continued
07-25-2007 Note: SUPREME COURT REMAND calendar modified.
07-26-2007 1070 Filed: Minutes - Supreme Court Remand
07-26-2007 1071 Filed: Order to Sheriff
07-26-2007 Minute Entry - Minutes for SUPREME COURT REMAND
Judge: MICHAEL D LYON
PRESENT
Reporter: FLANAGAN, DIANE
Prosecutor: CHRISTOPHER D BALLARD
Other Attorneys: DAVID C WILSON
Defendant Present
Defendant's Attorney(s): JAMES M RETALLICK
Clerk: shannone
CAT/CIC
HEARING
This is time set for hearing to appoint appellate
counsel. The defendant is present in custody and
represented by James Retallick.
Christopher Ballard is present on behalf of the
Attorney General's Office.
David Wilson is present on behalf of Weber County.
Mr. Wilson represents that Dave Finlayson accepts
the appointment of appellate counsel.
The court directs Mr. Finlayson to provide and
affidavit in certificate form stating that he has no
conflict of interest with the defendant and that he
meets the qualifications.
The defendant represents that he is not award of any
conflict of interest.
The Court hereby appoints Dave Finlayson as
appellate counsel.
08-08-2007 Filed order: ORDER APPOINTING APPELLATE COUNSEL
Judge MICHAEL D. LYON
Signed August 06, 2007
08-22-2007 Filed: Transcript of 7-16-07 hearing prepared by Diane
Flanagan.
09-11-2007 Note: Supplemental Record Index and Transcript sent to Utah Supreme
Court.
09-18-2007 Fee Account created Total Due: 50.48
09-18-2007 REPORTER FEES Payment Received: 50.48
Note: REPORTER FEES, Mail Payment;
09-24-2007 2 Filed: APPEARANCE OF COUNSEL: DAVID FINLAYSON FOR
DEFENDANT)
09-24-2007 1 Filed: AFFIDAVIT OF COUNSEL REGARDING CAPITAL
QUALIFICATION
09-25-2007 Note: ORDER FOR APPOINTMENT OF APPELLATE COUNSEL TO MDL WITH
10-03-2026 07:13 PM Page 50 of
CASE NUMBER: 921900407 State Felony259
SUPPORTING DOCS. FILE WAS NOT DOWNSTAIRS.
10-02-2007 3 Filed order: Order for Appointment of Appellate Counsel
Judge MICHAEL D. LYON
Signed October 02, 2007
10-31-2007 REPORTER FEES Account Adjustment Total Due: 50.48
10-31-2007 REPORTER FEES Redistribution: 0.00
Note: Account Distribution Changed
10-31-2007 REPORTER FEES Account Adjustment Total Due: 50.48
03-26-2008 Filed: Letter from Victim - filed unread. Ex Parte
Communication. Case is with Supreme Court.
07-01-2011 Note: Per Crystal with the Utah Court of Appeals, case is still
open.
07-14-2011 4 Filed: Order from Utah Supreme Court reg: Denial of
Petition for Rehearing and filing of Amended Opinion
07-15-2011 5 Filed: SUPREME COURT OF THE STATE OF UTAH OPINION AND
REMITTUR
07-18-2011 Cancelled: STATUS CONFERENCE scheduled on July 20, 2011
at 08:30 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
07-18-2011 Rescheduled: STATUS CONFERENCE rescheduled to July 20,
2011 at 08:50 AM in 4th Floor Southwest with Judge
MICHAEL D. LYON
07-20-2011 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: HEWARD, GARY R
Defendant not present
Defendant's Attorney(s): MICHAEL BOUWHUIS, PD
Clerk: daniellr
Audio
Tape Number: 4D072011 Tape Count: 858-911
HEARING
This is time set for a telephone conference. Heidi
Nestel is present on behalf of the victim's family.
According to Rule 8 counsel will need to be
appointed for the defendant. Defense counsel
indicates they are not ready to announce who will
represent the defendant.
The Court will issue an order to vacate the
defendant's guilty pleas and combine it with the
appointment of counsel. Matter is continued to
08/15/11 at 9:00 a.m. to address pretrial motions
and to set trial dates and briefing dates.
The defendant will need to be transported.
DISPOSITION is scheduled.
Date: 08/15/2011
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
07-20-2011 DISPOSITION scheduled on August 15, 2011 at 09:00 AM in
4th Floor Southwest with Judge MICHAEL D. LYON
07-20-2011 Note: STATUS CONFERENCE minutes modified.
07-20-2011 Note: DISPOSITION calendar modified.
07-20-2011 Note: DISPOSITION calendar modified.
10-03-2026 07:13 PM Page 51 of
CASE NUMBER: 921900407 State Felony259
08-09-2011 1048 **** PRIVATE **** Filed: Victim Impact Statement
08-15-2011 Note: Emailed OTP to USP
08-15-2011 Minute Entry - Minutes for DISPOSITION
Judge: MICHAEL D LYON
PRESENT
Prosecutor: WILLOUGHBY, BENJAMIN B
Other Attorneys: MICHAEL BOUWHUIS, PD
Defendant not present
Clerk: daniellr
Audio
Tape Number: 4D081511 Tape Count: 940-944
HEARING
The defendant was not transported from the prison.
Defense counsel will file affidavit regarding
capital case
certification.
An order vacating the defendant's plea of guilty is
signed.
Matter is set for scheduling conference on 11/21/11
at
9:00 a.m.
The defendant is ordered to be present at this
hearing.
**Off record** Matter is set on 11/10/11 at 2:00
p.m.
SCHEDULING CONFERENCE is scheduled.
Date: 11/10/2011
Time: 02:00 p.m.
Location: 4th Floor Southwest
before Judge MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-15-2011 NOTICE for Case 921900407 ID 13964596
Judge: MICHAEL D LYON
SCHEDULING CONFERENCE is scheduled.
Date: 11/10/2011
Time: 02:00 p.m.
Location: 4th Floor Southwest
before Judge MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-15-2011 Cancelled: SCHEDULING CONFERENCE scheduled on November
10, 2011 at 02:00 PM in 4th Floor Southwest with Judge
MICHAEL D. LYON
08-15-2011 6 Filed order: Order Vacating Guilty Plea and Appointing
Judge MICHAEL D. LYON
Signed August 15, 2011
08-16-2011 9 Filed: AFFIDAVIT CERTIFYING RULE 8 QUALIFICATION
08-16-2011 7 Filed order: Order to Produce
Judge MICHAEL D. LYON
Signed August 15, 2011
08-16-2011 8 Filed: Notice of Scheduling Conference
10-03-2026 07:13 PM Page 52 of
CASE NUMBER: 921900407 State Felony259
08-16-2011 Charge 1 Disposition removed.
08-16-2011 Modified: SCHEDULING CONFERENCE scheduled on November
10, 2011 at 02:00 PM in 4th Floor Southwest with Judge
MICHAEL D. LYON
Reason: Correct calendar
08-22-2011 10 Filed: Returned Mail - Notice of Scheduling Conference -
Heidi Nestel - Unable to Forward
08-31-2011 11 Filed: AMENDED OPINION
11-08-2011 Note: SCHEDULING CONFERENCE calendar modified.
11-10-2011 Minute Entry - Minutes for SCHEDULING CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: DAINES, WILLIAM F
Other Attorneys: HEIDI M NESTEL
Defendant Present
Defendant's Attorney(s): SEAN YOUNG
Clerk: daniellr
Audio
Tape Number: 4D111011 Tape Count: 225-229
HEARING
Defendant is present in custody from the Utah State
Prison.
Defense needs more time to file a civil action with
the
civil division of the Weber County Attorneys Office.
Ms. Nestel is present on behalf of the victim's
family and
moves to invoke the right to a speedy trial.
Status conference is set on 01/12/12 at 2:00 p.m.
STATUS CONFERENCE is scheduled.
Date: 01/12/2012
Time: 02:00 p.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
11-10-2011 12 Filed: Order to Sheriff
11-15-2011 STATUS CONFERENCE scheduled on January 12, 2012 at 02:00
PM in 4th Floor Southwest with Judge MICHAEL D. LYON
12-19-2011 13 Filed: Motion for Leave to File Motions for Appointment
of Experts and Payment of Expert Fees Ex Parte, Under
Seal and In Camera
Filed by: MICHAEL D BOUWHUIS
12-19-2011 14 Filed: Memorandum of Points and Authorities in Support
of Motion for Leave to File Motions for Appointment of
Experts and Payment of Expert Fees Ex Parte, Under Seal
and In Camera
01-09-2012 15 Filed: Weber County's Memorandum in Opposition to
Defendant's Motion for Leave to File Motions for
Appointment of Experts and Payment of Expert Fees Ex
Parte, Under Seal and In Camera
01-12-2012 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
PRESENT
10-03-2026 07:13 PM Page 53 of
CASE NUMBER: 921900407 State Felony259
Reporter: YOUNG, BRAD
Prosecutor: WILLIAM F DAINES
Defendant Present
Defendant's Attorney(s): BOUWHUIS, MICHAEL D
Clerk: daniellr
Audio
Tape Number: 4D011212 Tape Count: 246-250
HEARING
Defendant is present in custody from the Utah State
Prison.
Defense have filed a civil motion.
Defendant's briefs will be due by 03/12/12.
State will have until 03/26/12 to respond.
Oral arguments are set on 04/13/12 at 10:30 a.m.
ORAL ARGUMENTS is scheduled.
Date: 04/13/2012
Time: 10:30 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
01-12-2012 16 Filed: Order to Sheriff
01-17-2012 Cancelled: ORAL ARGUMENTS scheduled on April 13, 2012 at
10:30 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
01-17-2012 Note: STATUS CONFERENCE minutes modified.
01-26-2012 Note: ORAL ARGUMENTS calendar modified.
02-23-2012 17 Filed: Motion for Order that Defendant Be Unshackled
During Extended Hearings
Filed by: MICHAEL D BOUWHUIS
02-23-2012 18 Filed: Memorandum of Points and Authorities in Support
of Motion that Defendant Be Unshackled During Extended
Hearings
04-05-2012 19 Filed: Motion for Disqualification of Judge Michael D.
Lyon
Filed by: MICHAEL D BOUWHUIS
04-05-2012 20 Filed: Certificate of Good-Faith Filing
04-05-2012 21 Filed: Memorandum of Points and Authorities in Support
of Motion for Disqualification of Judge Michael D. Lyon
04-05-2012 22 Filed: Affidavit of Attorney Michael D. Bouwhuis
04-06-2012 Note: Motion for Disqualification to MDL
04-06-2012 Cancelled: ORAL ARGUMENTS scheduled on April 13, 2012 at
10:30 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
Reason: Counsel's request.
04-06-2012 Note: Oral Arguments set on 04/13/12 have been canceled due to def's
motion to disqualify MDL.
04-11-2012 23 Filed order: Order (Motion for Review on Defendant's
Motion to Disqualify)
Judge MICHAEL D. LYON
Signed April 09, 2012
04-11-2012 Note: FORWARDED MOTION FOR DISQUALIFICATION OF JUDGE MICHAEL D. LYON
TO WBW FOR REVIEW
04-19-2012 24 Filed: State's Memorandum in Opposition to Defendant's
Motion for Disqualification of Judge Michael D. Lyon
10-03-2026 07:13 PM Page 54 of
CASE NUMBER: 921900407 State Felony259
05-01-2012 25 Filed: States Request to Submit for Decision on
Disqualification of Judge Lyon
05-02-2012 Note: Request to Submit to Disqualify Judge Lyon from Case sent to
Judge West
05-03-2012 26 Filed order: Memorandum Decision and Order Denying
Defendant's Motion for Disqualification of Judge Michael
D. Lyon
Judge W BRENT WEST
Signed May 03, 2012
05-07-2012 27 Filed: MOTION MOTION TO RECONSIDER
Filed by: DOUGLAS A LOVELL
05-07-2012 29 Filed: AFFIDAVIT IN SUPPORT OF MOTION TO RECONSIDER
05-07-2012 28 Filed: MEMORANDUM MEMORANDUM IN SUPPORT OF MOTION TO
RECONSIDER
05-07-2012 30 Filed: RETURN OF ELECTRONIC NOTIFICATION
05-07-2012 Note: Certificate of Mailings are not complete on the Motion,
Memorandum, and Affidavit in Support of Motion for Reconsideration.
05-07-2012 Note: Notified Judge West and Judge Lyon regarding receipt of the
Motion for Reconsideration on the Motion for Recusal
05-09-2012 Fee Account created Total Due: 0.75
05-09-2012 COPY FEE Payment Received: 0.75
05-17-2012 31 Filed: REQUEST FOR ORAL ARGUMENT
05-17-2012 32 Filed: RETURN OF ELECTRONIC NOTIFICATION
05-17-2012 Note: ICC notified reg: receipt of Request for Oral Arguments
05-17-2012 Note: Forwarded request for oral arguments to WBW's ICC to set per
MDL cannot hear motion to reconsider since it is regarding the
motion to disqualify MDL.
05-22-2012 33 Filed: DISCOVERY REQUEST
05-22-2012 34 Filed: RETURN OF ELECTRONIC NOTIFICATION
05-24-2012 35 Filed: State's Memorandum in Opposition to Defendant's
Motion to Reconsider Motion for Disqualification of
Judge Michael D. Lyon
06-02-2012 36 Filed: AMENDED DISCOVERY REQUEST
06-02-2012 37 Filed: RETURN OF ELECTRONIC NOTIFICATION
06-05-2012 38 Filed: REPLY TO STATE'S OPP TO RECONSIDER RECUSAL
06-05-2012 39 Filed: EXHIBITS TO REPLY
06-05-2012 40 Filed: RETURN OF ELECTRONIC NOTIFICATION
06-08-2012 41 Filed: State's Request to Submit for Decision
06-12-2012 Note: Notice to Submit given to Judge West for consideration.
06-19-2012 42 Filed: OBJECTION
06-19-2012 43 Filed: RETURN OF ELECTRONIC NOTIFICATION
06-22-2012 Fee Account created Total Due: 8.25
06-22-2012 COPY FEE Payment Received: 8.25
07-23-2012 44 Filed order: Memorandum Decision and Order Denying
Defendant's Motion to Reconsider Motion for
Disqualification of Judge Michale D. Lyon.
Judge MICHAEL D. LYON
Signed July 23, 2012
07-26-2012 45 Filed: State's Request for a Pretrial Conference
Scheduling Hearing
07-30-2012 46 Filed: REQUEST FOR ORAL ARGUMENT
07-30-2012 47 Filed: RETURN OF ELECTRONIC NOTIFICATION
07-31-2012 PRE-TRIAL CONFERENCE scheduled on August 09, 2012 at
02:00 PM in 4th Floor Southwest with Judge MICHAEL D.
LYON
07-31-2012 Note: Court reporter requested.
10-03-2026 07:13 PM Page 55 of
CASE NUMBER: 921900407 State Felony259
07-31-2012 Note: Prison notified of pre-trial date.
08-01-2012 Note: Notified Judge's clerk of e-filed Request for Oral Argument.
08-03-2012 48 Filed: Letter dated 08/01/12 from Doug A. Lovell to
Judge Lyon
08-06-2012 Note: Letter dated 08/01/12 from Doug A. Lovell to Judge Lyon
emailed to MDL ICC
08-09-2012 Minute Entry - Minutes for PRE-TRIAL CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Agency: Adult Probation & Parole
Clerk: debbieg
Audio
Tape Number: 4D080912 Tape Count: 2:36-3:06
HEARING
Court reporter, Susan Sprouse, is present.
Defendant is present in custody with Utah State
Prison.
Defendant addresses the Court concerning appointing
a new attorney.
Michael Bouwhuis addresses the Court.
State addresses the Court.
Court finds no good cause to order any change of
counsel and further orders that Mr. Bouwhuis make a
trip to the Utah State Prison to visit with Mr.
Lovell to work through their differences.
Court will set up a telephone conference with Mr.
Bouwhuis and the civil attorney in the Weber County
Attorney's office concerning the motion for payment
of fees.
State request a trial date be set with discovery
deadlines imposed.
Court sets jury trial commencing 2/3/14 @ 9:00 a.m.
for 3 to 4 weeks until finished excluding all
Thursdays.
Defense shall file any briefs on their requested
motion by 8/30/12 with the State to respond by
9/14/12 and a reply by 9/21/12.
Oral arguments scheduled 10/5/12 @ 9:00 a.m.
ORAL ARGUMENTS is scheduled.
Date: 10/05/2012
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/03/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
10-03-2026 07:13 PM Page 56 of
CASE NUMBER: 921900407 State Felony259
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/04/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/05/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/07/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/10/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/11/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/12/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
10-03-2026 07:13 PM Page 57 of
CASE NUMBER: 921900407 State Felony259
Date: 02/14/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/18/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/19/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/21/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/24/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/25/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/26/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
10-03-2026 07:13 PM Page 58 of
CASE NUMBER: 921900407 State Felony259
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/20/8014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/21/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 02/20/2014
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-09-2012 49 Filed: An Order to Sheriff, 8/9/12
08-09-2012 Cancelled: ORAL ARGUMENTS scheduled on October 05, 2012
at 09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
08-09-2012 Cancelled: JURY TRIAL scheduled on February 21, 2014 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D.
LYON
08-09-2012 Cancelled: JURY TRIAL scheduled on February 20, 2014 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D.
LYON
08-15-2012 50 Filed: TRANSCRIPT for Hearing of 08-09-2012
08-16-2012 Note: Rec'd hard copy of transcript of 8/9/12 pretrial conference
08-24-2012 Cancelled: ORAL ARGUMENTS scheduled on September 27,
2012 at 10:00 AM in 4th Floor Southwest with Judge
MICHAEL D. LYON
08-24-2012 Note: Prison notified for transportation on 9/27/12 and 10/5/12 @
9:00 a.m.
08-24-2012 Note: Court reporter notified.
08-29-2012 52 Filed: Letter from Defendant to the Utah Supreme Court
08-30-2012 51 Filed: Motion for Extension of Time for Filing
Filed by: SEAN YOUNG
08-30-2012 Note: Letter rec'd from the Defendant forwarded to MDL for further
direction
09-05-2012 53 Filed: Defendant's Letter
09-07-2012 54 Filed order: Order (Granting 2 Week Extension)
Judge MICHAEL D. LYON
Signed September 05, 2012
09-17-2012 Stay Ends September 17, 2012
10-03-2026 07:13 PM Page 59 of
CASE NUMBER: 921900407 State Felony259
09-17-2012 Note: Stay placed on case from 6/28/1993 when the defendant entered
a plea of guilty to 8/15/2011 at which time the plea was withdrawn.
09-17-2012 55 Filed order: Ruling
Judge MICHAEL D. LYON
Signed September 17, 2012
09-21-2012 56 Filed order: Order (Striking Hearing Dates)
Judge MICHAEL D. LYON
Signed September 21, 2012
09-21-2012 Cancelled: ORAL ARGUMENTS scheduled on September 27,
2012 at 10:00 AM in 4th Floor Southwest with Judge
MICHAEL D. LYON
Reason: Court Ordered
09-21-2012 Cancelled: ORAL ARGUMENTS scheduled on October 05, 2012
at 09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
Reason: Court Ordered
10-01-2012 57 **** SEALED **** Filed: Defendant's Letter to Judge
Under Seal (Not to be read by the State's attorneys)
10-10-2012 58 Filed: Certificate of Filing
10-10-2012 59 **** SEALED **** Filed: Affidavit of Attorney Michael D.
Bouwhuis
10-10-2012 60 **** SEALED **** Filed: Letter to Court, Michael
Bouwhuis
10-19-2012 61 **** SEALED **** Filed: Defendant's Letter to Judge
Under Seal (Not to be read by the State's attorneys)
10-22-2012 62 Filed order: Order Granting Supplemental Briefing
Judge MICHAEL D. LYON
Signed October 22, 2012
10-22-2012 63 **** SEALED **** Filed: Defendant's Supplemental Letter
to Judge Under Seal (Not to be read by the State's
attorneys)
10-29-2012 64 **** SEALED **** Filed: Reply Letter, Michael Bouwhuis
11-07-2012 65 **** SEALED **** Filed: Defendant's Letter
11-26-2012 66 **** SEALED **** Filed order: Ruling on Defendant's
Motion to Substitute Counsel Denied
12-04-2012 67 Filed: Defendant's Letter
12-05-2012 Cancelled: STATUS CONFERENCE scheduled on December 20,
2012 at 02:00 PM in 4th Floor Southwest with Judge
MICHAEL D. LYON
12-17-2012 69 Filed: Letter from Supreme Court of Utah (Notice of
Filing of Petition for Interlocutory Appeal)
12-17-2012 68 Filed: Letter from Supreme Court of Utah (Answer to
Petition is Due January 2, 2013)
12-20-2012 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: WILLIAM F DAINES
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: debbieg
Audio
Tape Number: 4D122012 Tape Count: 2:38-3:03*
HEARING
Defendant is present in custody with Utah State
Prison.
10-03-2026 07:13 PM Page 60 of
CASE NUMBER: 921900407 State Felony259
Court reporter, Susan Sprouse, is present.
Court questions Mr. Bouwhuis concerning his
representation of the defendant.
Mr. Bouwhuis responds.
Court feels satisfied with Mr. Bouwhuis' responses
and affirms it's previous order continuing Mr.
Bouwhuis and Mr. Young as counsel for the defendant.
Defendant states he does not want Mr. Bouwhuis to
represent him, however, does want Mr. Young to
remain as counsel.
Court informs the defendant of his choices; accept
the counsel appointed for him, hire his own counsel,
or represent himself in these proceedings.
Defendant request a stay until the Supreme Court has
made a ruling on his petition.
Court will not allow Sean Young to proceed as
counsel as he is not qualified to represent a
defendant on a capital case.
3:02 Court passes this case to allow the defendant
to visit with both counsel.
3:35 Court resumes with all parties present.
Defendant wishes to have Mr. Young remain as his
counsel.
State responds and request the Court not continue
with a colloquy as to waiver of counsel to allow
them to supply the Court with case law concerning
this issue.
Court request case law submitted by 1/10/13 and
continues this matter to 1/17/13 @ 2:00 p.m.
* Case is recalled 3:35:45 - 3:20:10.
STATUS CONFERENCE.
Date: 01/17/2013
Time: 02:00 p.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
The reason for the change is Case continued
12-20-2012 Rescheduled: STATUS CONFERENCE rescheduled to January
17, 2013 at 02:00 PM in 4th Floor Southwest with Judge
MICHAEL D. LYON
12-20-2012 70 Filed: Order to Sheriff (12/20/12)
01-10-2013 71 Filed: Bench Brief Regarding Implied Waiver of Counsel
01-17-2013 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
Clerk: debbieg
Audio
Tape Number: 4D011713 Tape Count: 2:45-:2:57
HEARING
Defendant is present in custody with Utah State
Prison.
Katie Harman, court reporter, is present.
The Court will not allow the defendant to fire Mr.
Bouwhuis as the Court is the one that appointed him
counsel.
If the defendant wishes to hire his own lawyer or
represent himself, the Court will proceed today.
10-03-2026 07:13 PM Page 61 of
CASE NUMBER: 921900407 State Felony259
Defendant does not wish to hire his own counsel nor
represent himself.
From this time forward, Mr. Young and Mr. Bouwhuis
shall represent the defendant.
Mr. Bouwhuis has a pending motion concerning a
financial issue and request oral arguments.
Court sets a telephone conference with Mr. Allred
and Mr. Bouwhuis on 1/29 @ 9:00 a.m.
Clerk to advise Mr. Allred.
Mr. Young has been working on two motions; one
motion for a preliminary hearing and one motion to
suppress and request 60 to 90 days.
Mr. Young shall file his motions by 3/15/13.
Response shall be filed by 4/5/13.
Court sets argument on these motions 4/19/13 @ 9:00
a.m.
Defendant waives any issue of Mr. Young not being
qualified.
ORAL ARGUMENTS is scheduled.
Date: 04/19/2013
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
TELEPHONE CONFERENCE.
Date: 01/29/2013
Time: 09:00 a.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
01-17-2013 ORAL ARGUMENTS scheduled on April 19, 2013 at 09:00 AM
in 4th Floor Southwest with Judge MICHAEL D. LYON
01-17-2013 TELEPHONE CONFERENCE scheduled on January 29, 2013 at
09:00 AM in 4th Floor Southwest with Judge MICHAEL D.
LYON
01-17-2013 74 Filed: Order to Sheriff, 1/17/13
01-18-2013 72 Filed: MEMORANDUM MEMORANDUM OF COMMUNICATION BETWEEN
MICHAEL D. BOUWHUIS AND DEFENDANT
01-18-2013 73 Filed: RETURN OF ELECTRONIC NOTIFICATION
01-24-2013 Note: Chris Allred is notified of the telephone conference set
1/29/13 @ 9:00 a.m.
01-29-2013 ORAL ARGUMENTS HEARING scheduled on February 15, 2013 at
01:30 PM in 4th Floor Southwest with Judge MICHAEL D.
LYON
01-29-2013 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Defendant Present
Defendant's Attorney(s): CHRISTOPHER F ALLRED
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: vennaw
Audio
10-03-2026 07:13 PM Page 62 of
CASE NUMBER: 921900407 State Felony259
Tape Number: 4D 01292013 Tape Count: 9:08-9:17
HEARING
TIME: 9:08 This is the time set for telephone
conference, held on the record.
This conference was scheduled in order to set an
oral arguments hearing on Defendant's motion for
leave to file motions for appointment of experts and
payment of expert fees ex parte, under seal and in
camera.
A special set oral arguments hearing is scheduled.
Mr. Lovell will be transported from the Utah State
Prison for hearing.
ORAL ARGUMENTS HEARING is scheduled.
Date: 02/15/2013
Time: 01:30 p.m.
Location: 4th Floor Southwest
Before Judge: MICHAEL D LYON
Second District Court
2525 Grant Avenue
Ogden, UT 84401
02-05-2013 75 Filed: Letter from Defendant
02-15-2013 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D LYON
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: CHRISTOPHER F ALLRED
Defendant Present
Defendant's Attorney(s): BOUWHUIS, MICHAEL D
Clerk: daniellr
Audio
Tape Number: 4D021513 Tape Count: 130-223**
HEARING
This is time set for oral arguments on defendant's
motion for leave to file motions for appointment of
experts and payment of experts fees.
Defendant is present in custody from the Utah State
Prison.
Defendant moves to waive rule 8 and proceed with
only Sean Young as his defense counsel.
Court is not willing to accept the waiver.
TIME: 1:38 PM Mr. Bouwhuis presents arguments.
TIME: 1:57 PM Mr. Allred presents arguments.
Mr. Bouwhuis presents rebuttal arguments.
Court presents the following ruling:
1. No Utah case expressly addresses the issue
whether the court's consideration of an indigent
defendant's request for funding should be done ex
parte and in camera.
However, numerous jurisdictions throughout the
country permit a defendant to request funding for
expert assistance in camera and outside the presence
of the prosecution.
2. This Court agrees with those decisions.
To demonstrate that the services of an expert or
additional funding is necessary for an effective
defense may require the defendant to divulge
information related to his theory of the case, the
10-03-2026 07:13 PM Page 63 of
CASE NUMBER: 921900407 State Felony259
legal strategies he intends to employ at trial,
attorney work product, and the details of
confidential
communications between defense counsel and the
accused.
3. Permitting the prosecution to be made aware of
this information would, in the Court's judgment,
be fundamentally unfair insofar as it would allow
the State access to details of the defendant's
case to which the State is not entitled and it could
run afoul of the defendant's right against
self-incrimination and his right to the effective
assistance of counsel.
4. Furthermore, when an indigent defendant's case is
subjected to pre-trial scrutiny by the
prosecutor, while a defendant who can afford his own
lawyer is able to proceed without that kind
of scrutiny, a serious equal protection question is
raised.
5.Therefore, for reasons of due process and equal
protection, when an indigent defendant
requests the help of an expert or requests the
approval of funding, the court's consideration
of this request is appropriately done in camera and
without the presence of the prosecutor.
6. However, because Weber County has a legitimate
interest in providing some oversight in the
expenditure of public funds, the Court will permit a
lawyer from the civil department of Weber
County to represent the financial interests of the
county.
7. The civil attorney may be heard on the
reasonableness of the hourly rate charged by experts
or
the overall funding amounts requested, but not
necessarily on the necessity of the expenditure.
The necessity of the expenditure lies within the
professional decision-making of defense counsel,
Mr. Bouwhuis, based on his defense strategy, and
also lies within the sound discretion of this
court.
8. In permitting the civil attorney to be present,
however, this Court expressly orders that lawyer
not to discuss in any way with the prosecutors and
their clerical staff the issues raised in the in
camera proceeding.
9. Finally, based on the long-standing policies in
the County Attorneys Office, to install an
information barrier, or Chinese wall, between the
civil department and criminal department, the
Court is satisfied that the information shared in
camera by the defense
with the court in the presence of the civil attorney
is a sufficient safeguard of the defendant's right
of confidentiality.
Mr. Allred to prepare the order for the Court's
signature.
**225-227**
Court informs the attorneys that the documents
submitted will be filed in the computer as sealed
10-03-2026 07:13 PM Page 64 of
CASE NUMBER: 921900407 State Felony259
and will not be available to be viewed by the
opposing side.
03-06-2013 Note: Order on Defendant's Motion for Leave to File Motions for
Appointment of Experts and Payment of Expert Fees Ex Parte, Under
Sean and in Camera (2/15/13 Hearing) received and approved as to
form. Sent to MDL for review.
03-08-2013 76 Filed: Motion for Extension
Filed by: SEAN YOUNG
03-08-2013 Note: Order sent to MDL
03-13-2013 77 Filed order: Order (Motion for Extension of Filing
Motion)
Judge MICHAEL D. LYON
Signed March 11, 2013
03-13-2013 78 Filed order: Order on Defendant's Motion for Leave to
File Motions for Appointment of Experts and Payment of
Expert Fees Ex Parte, Under Seal and In Camera
Judge MICHAEL D. LYON
Signed March 08, 2013
03-18-2013 79 Filed: Motion to Suppress Statements of Defendant
Filed by: SEAN YOUNG
03-20-2013 80 Filed: Notice of Decision
03-20-2013 81 Filed: Order from Supreme Court of Utah (Petition for
Permission to Appeal an Interlocutory Order is Denied)
03-25-2013 Fee Account created Total Due: 3.75
03-25-2013 COPY FEE Payment Received: 3.75
03-25-2013 Fee Account created Total Due: 3.75
03-25-2013 COPY FEE Payment Received: 3.75
03-25-2013 COPY FEE Credit Received: Payment Reversal: -3.75
Note: No authorization code.
03-26-2013 82 **** SEALED **** Filed: Motion to Appoint Mitigation
Investigator and Payment of Fees
03-26-2013 83 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion to Appoint Mitigation
Investigator and Payment of Fees
04-09-2013 84 Filed: State's Memorandum in Opposition to Defendant's
Motion to Suppress Statements of Defendant
04-16-2013 85 **** SEALED **** Filed: Weber County's Memorandum in
Opposition to Defendant's Motion to Appoint Mitigation
Investigator and Payment of Fees
04-19-2013 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL D LYON
PRESENT
Prosecutor: WILLIAM F DAINES
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: daniellr
Audio
Tape Number: 4D041913 Tape Count: 905-1023
HEARING
This is time set for oral arguments on defendant's
motion to suppress.
Defendant is present in custody from the Utah State
Prison.
Mr. Heward presents arguments.
Mr. Young presents arguments.
10-03-2026 07:13 PM Page 65 of
CASE NUMBER: 921900407 State Felony259
Mr. Heward presents rebuttal arguments.
Court will issue a written decision.
Court sets the matter for monthly status conferences
on:
5/16/13 at 1:45 p.m.
6/13/13 at 1:45 p.m.
8/1/13 at 1:45 p.m.
STATUS CONFERENCE is scheduled.
Date: 05/16/2013
Time: 01:45 p.m.
Before Judge: MICHAEL D LYON
STATUS CONFERENCE.
Date: 06/13/2013
Time: 01:45 p.m.
Before Judge: MICHAEL D LYON
STATUS CONFERENCE.
Date: 08/01/2013
Time: 01:45 p.m.
Before Judge: MICHAEL D LYON
04-19-2013 STATUS CONFERENCE scheduled on May 16, 2013 at 01:45 PM
with Judge MICHAEL D. LYON
04-19-2013 STATUS CONFERENCE scheduled on June 13, 2013 at 01:45 PM
with Judge MICHAEL D. LYON
04-19-2013 STATUS CONFERENCE scheduled on August 01, 2013 at 01:45
PM with Judge MICHAEL D. LYON
04-25-2013 86 Filed: Request for Discovery 404(b) Notice
04-25-2013 87 Filed: Return of Electronic Notification
04-26-2013 ORAL ARGUMENTS scheduled on May 20, 2013 at 11:00 AM in
4th Floor Southwest with Judge MICHAEL D. LYON
05-16-2013 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: GARY R HEWARD
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Clerk: daniellr
Audio
Tape Number: 4D051613 Tape Count: 149-157
HEARING
Defense counsel is working on motions regarding
constitutional issues.
State requests Judge Lyon remain on the case after
his retirement.
05-20-2013 88 Filed: Order to Sheriff (5/20/2013)
05-22-2013 89 Filed order: Ruling on Defendant's Motion to Suppress
Judge MICHAEL D. LYON
Signed May 22, 2013
05-22-2013 Fee Account created Total Due: 6.50
05-22-2013 COPY FEE Payment Received: 6.50
05-28-2013 90 Filed: State's Motion and Memorandum in Support of its
Motion to Amend the Court's Findings in the Court's
Ruling on Defendant's Motion to Suppress
Filed by: WILLIAM F DAINES
10-03-2026 07:13 PM Page 66 of
CASE NUMBER: 921900407 State Felony259
05-30-2013 Note: Hard copy of transcript from April 19, 2013 Oral Argument
Hearing received. Stored in in-court clerks office.
05-31-2013 91 **** SEALED **** Filed order: Sealed Ruling on
Defendant's Motion to Appoint Mitigation Investigator
and Payment of Fees
06-12-2013 92 Filed: Request/Notice to Submit For Decision State's
Motion to Amend the Court's Findings in the Court's
Ruling on Defendant's Motion to Suppress
06-12-2013 93 Filed: Return of Electronic Notification
06-13-2013 Note: Forwarded State's motion to amend Court's findings to MDL.
06-13-2013 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Clerk: daniellr
Audio
Tape Number: 4D061313 Tape Count: 152-204
HEARING
The Court advises counsel that if he is available to
handle this case after his retirement he would like
to stay on.
Judge West does not approve transferring the matter
to another Judge at this time.
Mr. Bouwhuis advises the Court that defense has
filed an interlocutory appeal and is just awaiting
the acceptance from the Court of Appeals.
Court advises counsel that a ruling will be issued
shortly on the State's Motion to Clarify.
Court advises counsel to be diligent with the case
as to not necessitate a continuance of trial.
06-14-2013 94 Filed order: Ruling Denying Plaintiff's Motion to Amend
Judge MICHAEL D. LYON
Signed June 13, 2013
06-17-2013 95 Filed: Letter from Supreme Court of Utah (Petition for
Interlocutory Appeal)
06-17-2013 96 Filed: Letter from Supreme Court of Utah to Ms. Dupaix
re Petition for Interlocutory Appeal
07-26-2013 97 Filed: Request for Discovery
07-26-2013 98 Filed: Return of Electronic Notification
07-29-2013 99 Filed: Motion Declare 76-3-207(5) Unconstitutional
Filed by: STATE OF UTAH
07-29-2013 100 Filed: Memorandum Declare 76-3-207(5) Unconstitutional
07-29-2013 101 Filed: Return of Electronic Notification
08-01-2013 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL D LYON
PRESENT
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Clerk: daniellr
Audio
Tape Number: 4D080113 Tape Count: 148-200
HEARING
10-03-2026 07:13 PM Page 67 of
CASE NUMBER: 921900407 State Felony259
Defense counsel will be filing multiple motions
challenging constitutionality of the death penalty.
All of the motions will be heard at one time and
will need to be filed by November 1, 2013.
Defense has filed their interlocutory appeal.
Oral arguments will be set in December, but will be
set at a later date.
State informs the Court that Branden Miles will be
new co-counsel for the prosecution.
08-05-2013 102 Filed: State's Memorandum in Opposition to Defendant's
Motion to Declare U.C.A. Section 76-3-207(5)
Unconstitutional
08-21-2013 103 Filed: Notice of Decision (Court of Appeals) Petition
for Permission to Appeal from an Interlocutory Order -
Denied
08-28-2013 Note: Motions cutoff date order forwarded to MDL. Per Mike Bouwhuis,
no objections to the order.
09-03-2013 104 Filed order: Motions Cutoff Date Order
Judge MICHAEL D. LYON
Signed August 29, 2013
09-11-2013 105 **** SEALED **** Filed: Motion to Appoint Forensic
Psychiatrist and Payment of Fees
09-11-2013 106 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion to Appoint Forensic
Psychiatrist and Payment of Fees
09-19-2013 107 **** SEALED **** Filed: Weber County's Memorandum in
Opposition to Defendant's Motion to Appoint Forensic
Psychiatrist and Payment of Fees
09-25-2013 108 **** SEALED **** Filed: Motion to Approve Additional
Funds for Second Phase of Mitigation
09-25-2013 109 **** SEALED **** Filed: Affidavit of James R. Whitman in
Support of Motion to Approve Additional Funds for Seocnd
Phase of Mitigation
09-25-2013 110 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion to Approve Additional
Funds for Second Phase of Mitigation
09-26-2013 111 Filed: Request for Discovery
09-26-2013 112 Filed: Return of Electronic Notification
10-01-2013 113 Filed: Response to Defendant's Supplemental Request for
Discovery
10-10-2013 114 **** SEALED **** Filed: Weber County's Memorandum in
Opposition to Defendant's Motion to Approve Additional
Funds for Second Phase of Mitigation
10-10-2013 115 **** SEALED **** Filed: Certificate of Mailing
10-14-2013 116 Filed: Request for Discovery Request for Notice
10-14-2013 117 Filed: Return of Electronic Notification
10-23-2013 118 Filed: Response to Defendant's Request for Notice of
Aggravating Circumstances the State Intends to Argue at
Sentencing
10-23-2013 119 Filed: Amended Information
10-23-2013 Charge 2 Disposition removed.
10-23-2013 Note: Deleted Charge 76-6-203 Sequence 3
10-23-2013 Note: Count 3 (Aggravated Burglary) has been deleted as an amended
information has been filed by the State.
10-28-2013 120 Filed: Assignment of a Senior Judge
11-04-2013 121 Filed: Motion to Continue
Filed by: STATE OF UTAH
11-04-2013 122 Filed: Memorandum - Continue
11-04-2013 123 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 68 of
CASE NUMBER: 921900407 State Felony259
11-13-2013 127 Filed: State's Memorandum in Opposition to Defendant's
Motion to Continue & Request for an Immediate Hearing
11-18-2013 124 Filed: Motion Declare Death Penalty Cruel and Unusual
Filed by: STATE OF UTAH
11-18-2013 125 Filed: Memorandum
11-18-2013 126 Filed: Return of Electronic Notification
11-18-2013 129 Filed: Memorandum
11-18-2013 130 Filed: Memorandum
11-18-2013 128 Filed: Motion Declare Death Penalty Unconstitutional As
Applied
Filed by: STATE OF UTAH
11-18-2013 131 Filed: Return of Electronic Notification
11-18-2013 132 Filed order: Order
Judge W BRENT WEST
Signed November 18, 2013
11-18-2013 Judge MICHAEL D DIREDA assigned.
11-18-2013 133 Filed: Request for Hearing
11-18-2013 134 Filed: Return of Electronic Notification
11-19-2013 Cancelled: STATUS CONFERENCE scheduled on November 21,
2013 at 10:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
11-19-2013 Cancelled: STATUS CONFERENCE scheduled on November 21,
2013 at 10:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Correct calendar
11-20-2013 STATUS TELE CONFERENCE scheduled on November 20, 2013 at
10:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
11-20-2013 Minute Entry - Minutes for STATUS TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: HEWARD, GARY R
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: zoilab
Audio
Tape Number: 2D112013 Tape Count: 10:49-11:08
HEARING
Attorney Michael Bouwhuis present in the courtroom.
Attorney Sean Young and Gary Heward present via
telephone.
Oral arguments on the Motion to Continue set on
12/3/13 at 1:30 p.m.
Defense counsel addresses the Court regarding the
defendant's presence in the courtroom.
State addresses the Court regarding the defendant's
behavior.
The Court states that it will not reconsider the
previous decisions made on this case.
The Court addresses the possible conflicts with the
case's current trial setting but indicates that it
should have a better idea of the conflict status at
the time of arguments.
ORAL ARGUMENTS is scheduled.
Date: 12/03/2013
10-03-2026 07:13 PM Page 69 of
CASE NUMBER: 921900407 State Felony259
Time: 01:30 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
11-20-2013 ORAL ARGUMENTS scheduled on December 03, 2013 at 01:30
PM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-21-2013 135 Filed: Motion Written Findings/Orders
Filed by: STATE OF UTAH
11-21-2013 136 Filed: Return of Electronic Notification
12-03-2013 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: JEFFREY G THOMSON
Prosecutor: GARY R HEWARD
Other Attorneys: HEIDI M NESTEL
Defendant Present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D120313 Tape Count: 1:54-3:08
HEARING
The Court addresses scheduling difficulties with the
defendant's case reassignment.
Counsel for the State Gary Heward addresses the
Court's other trial setting and opposes a
continuance of the trial.
Defense counsel Michael Bouwhuis addresses their
Motion to Continue.
Counsel for the victim's family, Heidi Nestel,
addresses the Motion.
Counsel for the State Gary Heward responds.
Defense counsel Michael Bouwhuis responds.
The Court issues findings, orders the jury trial
continued and grants the Defendant's Motion to
Continue for the reasons as set forth in their
motion.
Jury Trial is set on 7/28/14 - 8/1/14, 8/4/14 -
8/6/14, 8/8/14, 8/11/14 - 8/13/14, 8/15/14, 8/18/14
- 8/20/14 (Half Day Setting on 8/20/14), 8/22/14,
8/25/14 - 8/27/14 (Half Day Setting on 8/27/14), and
8/29/14.
The trial setting includes both the guilty phase and
the sentencing phase.
Court requests that a scheduling order be in place.
Defense counsel to file all constitutional motions
by 1/15/14.
Court directs counsel to file a notice to submit for
decision on all motions that are ripe for decision.
Defense counsel indicates they will be requesting a
hearing on all motions.
Status Conference set on 12/19/13 at 8:15 a.m.
Counsel to discuss further scheduling issues at that
time.
10-03-2026 07:13 PM Page 70 of
CASE NUMBER: 921900407 State Felony259
The defendant is advised of his right to a speedy
trial and waives that right.
The defendant is advised of his right to be present
for status conferences and waives his right to be
present.
STATUS CONFERENCE is scheduled.
Date: 12/19/2013
Time: 08:15 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
12-03-2013 Cancelled: scheduled on at with
12-03-2013 Cancelled: JURY TRIAL scheduled on February 20, 2014 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D.
LYON
Reason: Conflict in Judge schedule
12-03-2013 Cancelled: JURY TRIAL scheduled on July 28, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on July 29, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on July 30, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on July 31, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 01, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 04, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 05, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 06, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 08, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 11, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 12, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 13, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 15, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 18, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 19, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
10-03-2026 07:13 PM Page 71 of
CASE NUMBER: 921900407 State Felony259
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 20, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 22, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 25, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 26, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 27, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 Cancelled: JURY TRIAL scheduled on August 29, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 STATUS CONFERENCE scheduled on December 19, 2013 at
08:15 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-03-2013 137 Filed: Order to Sheriff (12/3/13)
12-04-2013 ORAL ARGUMENTS scheduled on December 18, 2013 at 02:00
PM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-06-2013 138 Filed: Motion to Declare DP
Unconstitutional/Narrow/Channel
Filed by: STATE OF UTAH
12-06-2013 139 Filed: Memorandum DP Unconstitutional Narrow/Channel
12-06-2013 140 Filed: Return of Electronic Notification
12-18-2013 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: CHRISTOPHER F ALLRED
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: angik
Audio
Tape Number: 2D121813 Tape Count: 2:07-3:42
HEARING
This is time set for oral arguments regarding the
Motion to Appoint Forensic Psychiatrist and Payment
of Fees, and the Motion to Approve Additional Funds
for Second Phase of Mitigation.
The Court authorizes Mr. Lovell's right hand to be
uncuffed for him to take notes.
Mr. Bouwhuis addresses the Court regarding the
Motion to Approve Additional Funds for Second Phase
of Mitigation.
The Court responds.
Mr. Bouwhuis responds.
Mr. Allred replies.
The Court finds that the individuals listed by
category in paragraph 4 of Mr. Whitman's affidavit,
are relevant, reasonable and necessary for Mr.
Lovell's mitigation. The Court allows that these
individuals may be interviewed in person by Mr.
Whitman.
10-03-2026 07:13 PM Page 72 of
CASE NUMBER: 921900407 State Felony259
The Court orders local investigative services be
utilized to locate mitigation witnesses and schedule
appointments with these witnesses before Mr. Whitman
travels to the state of Utah to interview said
witnesses.
With respect to the witnesses who reside in Idaho,
Oregon, and Arkansas, the Court orders that these
witnesses be contacted telephonically and
information be gathered as to the substance of their
proposed testimony before Mr.
Whitman is allowed to travel to these additional
locations.
Mr. Bouwhuis addresses the Court regarding the
Motion to Appoint a Forensic Psychiatrist and
Payment of Fees.
The Court responds.
The Court orders that local forensic psychiatrists
be identified by defense counsel and their names be
submitted to the State for purpose of either the
filing of an objection the filing of a stipulation.
Mr. Allred responds.
Mr. Bouwhuis requests the record to reflect that he
is not withdrawing his motion to appoint Dr.
Stewart.
The Court grants the Motion to Appoint a Forensic
Psychiatrist. The Court denies the appointment of
Dr. Stewart, as he is unavailable for the trial
dates set.
Mr. Bouwhuis requests clarification regarding Mr.
Whitman's face to face interviews with the
individuals who live outside the state of Utah.
Mr. Allred responds.
The Court will require an explanation of why travel
outside the state of Utah is necessary before ruling
on the issue.
Mr. Bouwhuis to prepare the order on the motion for
mitigation.
The Court authorizes Mr. Whitman to be reimbursed
for the interviews he conducts.
12-18-2013 141 Filed: Order to Sheriff, 12/18/13
12-19-2013 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D121913 Tape Count: 8:28-8:51
HEARING
Counsel discuss cutoff dates for the filing of
motions.
Constitutional motions to be filed by 1/15/14.
Evidentiary motions to be filed by 3/3/14.
Substantive motions to be filed by 4/15/14.
Jury instructions and questionnaire to be filed by
5/15/14.
Trial procedures to be discussed at that time.
Trial motions to be filed by 6/15/14.
10-03-2026 07:13 PM Page 73 of
CASE NUMBER: 921900407 State Felony259
Court advises counsel to notify the court should
there be any problems meeting the deadlines and if
appropriate additional time would be granted.
State to respond to the motions within 15 working
days.
Defense counsel to reply within 10 working days.
Oral arguments are not set at this time.
Further status conference set on 1/23/14 at 8:15
a.m.
Counsel indicates the content of the status
conferences will vary based upon the need.
** Off the Record**
Defense counsel has contacted the Court via email
and indicated that a pending Motion to Suppress
shall be filed by 1/15/14.
STATUS TELEPHONE CONFERENCE is scheduled.
Date: 01/23/2014
Time: 08:15 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
12-23-2013 STATUS TELEPHONE CONFERENCE scheduled on January 23,
2014 at 08:15 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
01-13-2014 142 Filed: Motion Death Penaly Violates Life/Dignity
Filed by: STATE OF UTAH
01-13-2014 143 Filed: Memorandum Death Penaly Violates Life/Dignity
01-13-2014 144 Filed: Return of Electronic Notification
01-15-2014 145 Filed: Motion DP Violates International Treaties
Filed by: STATE OF UTAH
01-15-2014 146 Filed: Memorandum DP Violates International Treaties
01-15-2014 147 Filed: Return of Electronic Notification
01-21-2014 148 **** SEALED **** Filed: Motion for Additional Funding
for Investigation
01-22-2014 149 **** SEALED **** Filed order: Stipulated Order for
Additional Funding for Investigation
01-22-2014 150 **** SEALED **** Filed order: Order for Funding for
Second Phase of Mitigation
01-23-2014 Minute Entry - Minutes for STATUS TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: GARY R HEWARD
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D012314 Tape Count: 8:33-8:47
HEARING
Defense counsel Michael Bouwhuis is present via
telephone.
All other counsel are present in the Judge's
chambers.
10-03-2026 07:13 PM Page 74 of
CASE NUMBER: 921900407 State Felony259
Defense counsel Michael Bouwhuis indicates he has
filed the constitutional motions.
State to file their response by 1/31/14.
Defense counsel to reply by 2/21/14.
Oral arguments on the constitutional motions set on
3/5/14 at 1:30 p.m.
Defense counsel to file his next set of motions by
3/15/14.
Case status to be addressed at the time of the
hearing as well as further scheduling regarding
pending motions.
ORAL ARGUMENTS is scheduled.
Date: 03/05/2014
Time: 01:30 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
01-24-2014 ORAL ARGUMENTS scheduled on March 05, 2014 at 01:30 PM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
01-29-2014 TELEPHONE CONFERENCE scheduled on January 30, 2014 at
03:00 PM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
01-30-2014 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: CHRISTOPHER F ALLRED
Defendant not present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D013014 Tape Count: 3:08-3:31
HEARING
Defense counsel addresses the status regarding the
mitigation expert previously working on this case as
well as a new potential mitigation expert.
Defense counsel indicates he was spoken to the
defendant regarding the development.
The Court requests further feedback regarding the
length of time the mitigation expert needs and
addresses the order to be submitted.
The State addresses its concerns as to the
mitigation expert understanding their role and their
willingness to follow the direction of defense
counsel.
Defense counsel responds.
Defense counsel to phrase the order appointing the
mitigation expert to indicate that the mitigation
expert to proceed with her investigation at the
direction of defense counsel.
Court addresses the previous mitigation expert's
withdrawal from the case.
Further status telephone conference set on 2/7/14 at
9:00 a.m.
STATUS TELEPHONE CONFERENCE is scheduled.
Date: 02/07/2014
Time: 09:00 a.m.
10-03-2026 07:13 PM Page 75 of
CASE NUMBER: 921900407 State Felony259
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
01-31-2014 151 Filed: Memorandum in Opposition to Defendants Motion to
Declare the Death Penalty Unconstitutional
01-31-2014 154 Filed: Exhibit A for States Memorandum in Opposition to
Defendants Motion to Declare Utah Death Penalty Scheme
Unconstitutional
01-31-2014 155 Filed: Exhibit B for States Memorandum in Opposition to
Defendants Motion to Declare Utah Death Penalty Scheme
Unconstitutional
01-31-2014 152 Filed: Memorandum in Opposition to Defendants Motion to
Declare the Death Penalty Unconstitutional as Applied
01-31-2014 153 Filed: Memorandum in Opposition to Defendants Motion to
Declare Utah Death Penalty Scheme Unconstitutional
01-31-2014 156 Filed: Memorandum in Opposition to Defendants Motion to
Declare Death Penalty a Violation of International
Treaties
01-31-2014 157 Filed: Memorandum in Opposition to Defendants Motion to
Declare the Death Penalty a Violation of Defendants
Right to Life and Dignity
01-31-2014 158 Filed: Return of Electronic Notification
01-31-2014 STATUS TELEPHONE CONFERENCE scheduled on February 07,
2014 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
02-07-2014 159 **** SEALED **** Filed order: Order Regarding
Appointment of Forensic Psychologist and Payment of Fees
02-07-2014 160 **** SEALED **** Filed order: Order for Funding for
Second Phase of Mitigation
02-07-2014 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
TELEPHONE CONFERENCE
Clerk: angik
Audio
Tape Number: 2D020714 Tape Count: 9:01-9:07
HEARING
This is time set for telephone conference.
Defendant is not present, as he has previously
indicated
that he does not need to be present for these types
of status
conferences.
Defense counsel indicates that the new mitigation
expert,
Ms. Barrus, will be able to complete her
investigation by the
time the trial is scheduled to begin.
02-14-2014 161 **** SEALED **** Filed order: Order Regarding Dr.
Gregory's Evaluation of Defendant at Utah State Prison
02-27-2014 162 Filed: Notice to Submit
02-27-2014 163 Filed: Return of Electronic Notification
02-28-2014 164 Filed: Reply Memorandum - DP Unconst. As Applied
02-28-2014 165 Filed: Return of Electronic Notification
03-04-2014 Note: ORAL ARGUMENTS calendar modified.
03-05-2014 166 Filed: Order to Sheriff (3/5/14)
03-05-2014 Minute Entry - Minutes for ORAL ARGUMENTS
10-03-2026 07:13 PM Page 76 of
CASE NUMBER: 921900407 State Felony259
Judge: MICHAEL DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: zoilab
Audio
Tape Number: 2D030514 Tape Count: 2:07-2:54
HEARING
Time set for oral arguments on the constitution
motions filed.
Defense counsel offers general comments regarding
the body of the constitutional motions filed.
Defense counsel presents arguments on the Motion to
Declare the Death Penalty Cruel and Unusual.
Counsel for the State Jeff Thomson presents
arguments.
Defense counsel presents arguments on the Motion to
Declare the Death Penalty Unconstitutional as
Applied.
Counsel for the State Jeff Thomson presents
arguments and addresses the issue regarding the
State constitution and it's uneven application.
Defense counsel addresses the Motion to Declare the
Death Penalty Scheme Unconstitutional.
Counsel for the State Jeff Thomson presents
arguments.
The Court indicates that it will issue a written
ruling on the constitutional motions submitted and
takes the matters under advisement.
Defense counsel indicates he may need more time to
work on his next set of motions.
Status Telephone Conference set on 3/10/14 at 8:30
a.m.
STATUS TELEPHONE CONFERENCE is scheduled.
Date: 03/10/2014
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
03-06-2014 STATUS TELEPHONE CONFERENCE scheduled on March 10, 2014
at 08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-10-2014 Minute Entry - Minutes for STATUS TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: zoilab
10-03-2026 07:13 PM Page 77 of
CASE NUMBER: 921900407 State Felony259
Audio
Tape Number: 2D031014 Tape Count: 8:43-8:48
HEARING
Defense counsel to to file their substantive motion,
a motion to strike the kidnapping charge, by
3/20/14.
State has no objection to the extension of the
filing date.
State to file their memorandum in opposition by
4/3/14.
Defense counsel to file any reply by 4/10/14.
The State indicates that the issue to be raised in
defense counsel's motion to be filed has previously
been ruled on.
Defense counsel states that as a different judge is
now assigned to the case, defense counsel may renew
their motion.
Oral Arguments set on 4/22/14 at 1:30 a.m.
ORAL ARGUMENTS is scheduled.
Date: 04/22/2014
Time: 01:30 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
03-11-2014 Cancelled: ORAL ARGUMENTS scheduled on April 22, 2014 at
01:30 PM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-20-2014 167 Filed: Motion Strike Agg Kidnapping
Filed by: STATE OF UTAH
03-20-2014 169 Filed: Exhibit List Exhibits
03-20-2014 168 Filed: Memorandum Strike Agg Kidnapping
03-20-2014 170 Filed: Return of Electronic Notification
03-26-2014 171 Filed order: Ruling on Defendant's Constitutional
Motions
Judge MICHAEL D DIREDA
Signed March 26, 2014
03-28-2014 172 Filed: Amended Information/Indictment
03-28-2014 173 Filed: Return of Electronic Notification
03-31-2014 Charge 76-5-202 Severity CA was amended to 76-5-202
severity CA
03-31-2014 Note: Deleted Charge 76-5-302 Sequence 2
04-11-2014 174 **** SEALED **** Filed: Motion to Appoint Dr. David C.
Stoner and Payment of Fees
04-11-2014 175 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion to Appoint Dr. David C.
Stoner and for Payment of Fees
04-16-2014 Cancelled: ORAL ARGUMENTS scheduled on April 22, 2014 at
01:30 PM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Counsel's request.
04-24-2014 STATUS TELEPHONE CONFERENCE scheduled on May 01, 2014 at
08:29 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
04-30-2014 176 **** SEALED **** Filed: Stipulation to Appoint Dr. David
C. Stoner and for Payment of Fees
10-03-2026 07:13 PM Page 78 of
CASE NUMBER: 921900407 State Felony259
04-30-2014 177 **** SEALED **** Filed: Motion to Appoint Dr. Derinna V.
Kopp and For Payment of Fees
04-30-2014 178 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion to Appoint Dr. Derinna
V. Kopp and for Payment of Fees
04-30-2014 179 **** SEALED **** Filed order: Order Appointing Dr. David
C. Stoner and for Payment of Fees
05-01-2014 Minute Entry - Minutes for STATUS TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D050114 Tape Count: 8:34-8:50
HEARING
Defendant is not present.
The Court indicates that the defendant had
previously agreed that the status telephone
conferences could be held in his absence.
Defense counsel indicates their motions regarding
the jury are due by 5/15/14.
Defendant counsel states they intend on filing 5 or
6 motions.
The Court addresses media issues and jury selection
management in regards to the most efficient way to
handle the case.
Defense counsel Michael Bouwhuis responds.
The State suggests that the jurors be instructed to
bring in their questionnaires on one day.
The Court addresses possible issues with the State's
suggestion in regards to jury questionnaires.
Further Status Telephone Conference set on 5/22/14
at 8:30 a.m.
STATUS TELEPHONE CONFERENCE.
Date: 05/22/2014
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
05-05-2014 180 **** SEALED **** Filed: Stipulation to Appointment of
Dr. Derinna V. Kopp and for Payment of Fees
05-05-2014 181 **** SEALED **** Filed: Stipulated Motion for Order
Allowing Mitigation Specialist Access to Defendant's
Prison Records
05-05-2014 STATUS TELEPHONE CONFERENCE scheduled on May 22, 2014 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
05-06-2014 Note: Defense counsel contacted the clerk and indicated that the
Stipulated Motion for Order Allowing Mitigation Specialist Access to
Defendant's Prison Records should be filed sealed.
05-06-2014 Note: Orders (Motion to Allow Access and Order Appointing) to MDD
10-03-2026 07:13 PM Page 79 of
CASE NUMBER: 921900407 State Felony259
05-09-2014 182 **** SEALED **** Filed order: Order Appointing Dr.
Derinna V. Kopp and for Payment of Fees
05-09-2014 183 **** SEALED **** Filed order: Order Allowing Mitigation
Specialist Access to Defendant's Prison Records
05-15-2014 184 Filed: Motion Prohibit Jurors from Postponing Service
Filed by: STATE OF UTAH
05-15-2014 185 Filed: Memorandum Prohibit Jurors from Postponing
Service
05-15-2014 186 Filed: Motion Preserve All Jury Records
Filed by: STATE OF UTAH
05-15-2014 187 Filed: Motion Jurors Rights
Filed by: STATE OF UTAH
05-15-2014 189 Filed: Memorandum Qualify Non-English Speaking Jurors
05-15-2014 188 Filed: Motion Qualify Non-English Speaking Jurors
Filed by: STATE OF UTAH
05-15-2014 190 Filed: Motion Blood Atonement
Filed by: STATE OF UTAH
05-15-2014 191 Filed: (Incorrect Document Attached, see corrected
document filed on 6/18/14) Memorandum Blood Atonement
05-15-2014 193 Filed: Memorandum Evidence re LWOP
05-15-2014 192 Filed: Motion Evidence re LWOP
Filed by: STATE OF UTAH
05-15-2014 194 Filed: Return of Electronic Notification
05-15-2014 196 Filed: Memorandum View Exec. Process
05-15-2014 195 Filed: Motion View Exec. Process
Filed by: STATE OF UTAH
05-15-2014 198 Filed: Memorandum States Peremptories
05-15-2014 197 Filed: Motion States Peremptories
Filed by: STATE OF UTAH
05-15-2014 199 Filed: Return of Electronic Notification
05-15-2014 200 Filed: Return of Electronic Notification
05-15-2014 201 Filed: Return of Electronic Notification
05-15-2014 202 Filed: Return of Electronic Notification
05-15-2014 203 Filed: Return of Electronic Notification
05-15-2014 204 Filed: Return of Electronic Notification
05-15-2014 205 Filed: Return of Electronic Notification
05-15-2014 207 Filed: Memorandum Jurors Ask Questions
05-15-2014 206 Filed: Motion Jurors Ask Questions
Filed by: STATE OF UTAH
05-15-2014 208 Filed: Return of Electronic Notification
05-17-2014 209 Filed: Motion Preclude Death Qualification
Filed by: STATE OF UTAH
05-17-2014 210 Filed: Memorandum Preclude Death Qualification
05-17-2014 211 Filed: Return of Electronic Notification
05-21-2014 212 **** SEALED **** Filed: Motion to Appoint Dr. Mark D.
Cunningham and for Payment of Fees
05-21-2014 213 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion to Appoint Dr. Mark D.
Cunningham and for Payment of Fees
05-22-2014 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: GARY R HEWARD
Defendant not present
10-03-2026 07:13 PM Page 80 of
CASE NUMBER: 921900407 State Felony259
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D052214 Tape Count: 8:35-9:20
HEARING
The defendant is not present as he has previously
agreed to not be present for status telephone
conferences.
Counsel address the previous motion deadlines set.
Defendant counsel addresses their substantive
motions to be filed.
The Court and counsel to review and determine if the
issue has already been dealt with.
Defense counsel asserts that due to a change of
judge, the motion may be renewed.
Counsel indicates that they have been communicating
with each other regarding any extensions.
The Court states that there is not a problem with
extensions as long as there is not an issue in
respect to the adherence of deadlines and counsel
are working together.
The Court does not want deadlines to be missed and
there not be any communication with each other and
with the Court.
Defense counsel indicates the titles of the groups
of motions are loose.
State to respond to the most recent set of motions
filed by 6/10/14.
Arguments on the jury related motions set on 6/24/14
at 1:30 p.m.
State addresses the jury questionnaires.
Defense counsel to submit proposed jury
questionnaire by 5/30/14.
State to review by 6/6/14.
The questionnaire shall be discussed on 6/24/14.
The Court discusses with counsel the procedures in
regards to having the jurors complete the
questionnaires.
The Court requests defense counsel submit an outline
regarding the motions to be addressed by 6/6/14.
ORAL ARGUMENTS is scheduled.
Date: 06/24/2014
Time: 01:30 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
05-27-2014 ORAL ARGUMENTS scheduled on June 24, 2014 at 01:30 PM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
05-30-2014 214 **** SEALED **** Filed order: Stipulated Order for
Release of Private, Controlled and/or Protected Records
06-03-2014 215 Filed: Memorandum in Opposition to Defendants Motion to
Prohibit States Exercise of Peremptory Challenges
06-03-2014 216 Filed: Memorandum in Opposition to Defendants Motion to
Exclude Jurors who Believe in Blood Atonement
06-03-2014 217 Filed: Memorandum in Opposition to Defendants Motion to
10-03-2026 07:13 PM Page 81 of
CASE NUMBER: 921900407 State Felony259
Qualify Non-English Speaking Jurors
06-03-2014 218 Filed: Memorandum in Opposition to Defendants Motion for
an Order Allowing the Jury to View the Execution Process
06-03-2014 219 Filed: Memorandum in Opposition to Defendants Motion to
Allow Jurors to Submit Questions for Witnesses
06-03-2014 220 Filed: Memorandum in Opposition to Defendants Motion for
Instructions on Juror Rights
06-03-2014 221 Filed: Memorandum in Response to Defendants Motion for
Preservation of All Juror Records
06-03-2014 222 Filed: Memorandum in Response to Defendants Motion Re
Evidence Concerning Life Without Parole
06-03-2014 223 Filed: Memorandum in Response to Defendants Motion to
Prohibit Summoned Jurors from Postponing Jury Service
06-03-2014 224 Filed: Return of Electronic Notification
06-06-2014 225 **** SEALED **** Filed: Notice to Submit
06-09-2014 ORAL ARGUMENTS scheduled on June 24, 2014 at 11:00 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
06-16-2014 226 Filed: Motion Re Lack of Remorse
Filed by: STATE OF UTAH
06-16-2014 227 Filed: Memorandum Re Lack of Remorse
06-16-2014 229 Filed: Memorandum Re Exclude Witnesses
06-16-2014 228 Filed: Motion Re Exclude Witnesses
Filed by: STATE OF UTAH
06-16-2014 231 Filed: Memorandum Re Bill of Particulars
06-16-2014 230 Filed: Motion Re Bill of Particulars
Filed by: STATE OF UTAH
06-16-2014 232 Filed: Return of Electronic Notification
06-16-2014 233 Filed: Return of Electronic Notification
06-16-2014 235 Filed: Memorandum Re Deterrence
06-16-2014 234 Filed: Motion Re Deterrence
Filed by: STATE OF UTAH
06-16-2014 236 Filed: Motion Re Guilt Phase
Filed by: STATE OF UTAH
06-16-2014 238 Filed: Memorandum Re Prohibit Certain Arguments
06-16-2014 237 Filed: Motion Re Prohibit Certain Arguments
Filed by: STATE OF UTAH
06-16-2014 239 Filed: Return of Electronic Notification
06-16-2014 240 Filed: Return of Electronic Notification
06-16-2014 242 Filed: Return of Electronic Notification
06-16-2014 241 Filed: Return of Electronic Notification
06-16-2014 243 Filed: Motion Re Daily Transcripts
Filed by: STATE OF UTAH
06-16-2014 244 Filed: Motion Re Followup Discovery
Filed by: STATE OF UTAH
06-16-2014 245 Filed: Motion Re Shackles
Filed by: STATE OF UTAH
06-16-2014 248 Filed: Return of Electronic Notification
06-16-2014 246 Filed: Return of Electronic Notification
06-16-2014 247 Filed: Return of Electronic Notification
06-16-2014 250 Filed: Memorandum Re Victim Impact
06-16-2014 249 Filed: Motion Re Victim Impact
Filed by: STATE OF UTAH
06-16-2014 251 Filed: Return of Electronic Notification
06-16-2014 252 Filed: Motion Re Defense Arguing Last
10-03-2026 07:13 PM Page 82 of
CASE NUMBER: 921900407 State Felony259
Filed by: STATE OF UTAH
06-16-2014 253 Filed: Memorandum Re Defense Arguing Last
06-16-2014 254 Filed: Return of Electronic Notification
06-17-2014 255 Filed: Motion for Reciprocal Discovery
Filed by: STATE OF UTAH
06-17-2014 256 Filed: Motion to Withdraw States Exhibits
Filed by: STATE OF UTAH
06-17-2014 257 Filed: Order (Proposed) of the Court on the States
Motion for Reciprocal Discovery
06-17-2014 258 Filed: Return of Electronic Notification
06-18-2014 259 Filed: Order (Proposed) on States Request to Withdraw
Exhibits
06-18-2014 261 Filed: Return of Electronic Notification
06-18-2014 262 Filed: Memorandum Re Blood Atonement
06-18-2014 263 Filed: Return of Electronic Notification
06-19-2014 264 Filed: Memorandum in Opposition to Defendants Motion for
Defendant to Argue Last (Lovell)
06-19-2014 265 Filed: Memorandum in Opposition to Defendants Motion to
Prohibit the State from Arguing Lack of Remorse (Lovell)
06-19-2014 266 Filed: Memorandum in Opposition to Defendants Motion to
Prohibit Use of Guilt Phase at Trial (Lovell)
06-19-2014 267 Filed: Memorandum in Response to Defendants Motion to
Exclude Witnesses
06-19-2014 268 Filed: Memorandum in Response to Defendants Motion to
Preclude the State from Arguing that the Death Penalty
Deters Crime
06-19-2014 269 Filed: Return of Electronic Notification
06-19-2014 270 **** SEALED **** Filed: Stipulation and Agreement for
Order in Limine re Sharee Warren
06-19-2014 271 **** SEALED **** Filed: Filing of Affidavit of Dr. Mark
Cunningham
06-19-2014 Note: Order Re Sharee Warren to MDD
06-20-2014 272 Filed: Motion Suppress - Agent of State
Filed by: STATE OF UTAH
06-20-2014 273 Filed: Memorandum Suppress - Agent of State
06-20-2014 275 Filed: Memorandum Suppress - Spousal Privilege
06-20-2014 274 Filed: Motion Suppress - Spousal Privilege
Filed by: STATE OF UTAH
06-20-2014 276 Filed: Return of Electronic Notification
06-20-2014 277 Filed: Memorandum Reply Re Jury View Execution Process
06-20-2014 278 Filed: Return of Electronic Notification
06-23-2014 279 Filed: Memorandum in Opposition to Defendants Motion to
Preclude Death Qualification of the Jury Venire
06-23-2014 280 Filed: Return of Electronic Notification
06-23-2014 281 Filed: Memorandum in Opposition to Defendants Motion for
Order Prohibiting Certain Arguments
06-23-2014 282 Filed: Return of Electronic Notification
06-23-2014 283 Filed: Memorandum in Response to Defendants Motion for
Bill of Particulars Concerning Penalty Phase
06-23-2014 284 Filed order: Order on States Request to Withdraw
Exhibits
Judge MICHAEL D DIREDA
Signed June 23, 2014
06-23-2014 285 Filed: Return of Electronic Notification
06-23-2014 286 Filed: Return of Electronic Notification
06-24-2014 Minute Entry - Minutes for ORAL ARGUMENTS
10-03-2026 07:13 PM Page 83 of
CASE NUMBER: 921900407 State Felony259
Judge: MICHAEL DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Defendant Present
Defendant's Attorney(s): BOUWHUIS, MICHAEL D
Agency: Adult Probation &
Clerk: zoilab
Audio
Tape Number: 2D062414 Tape Count: 1:37-3:29
HEARING
10-03-2026 07:13 PM Page 84 of
CASE NUMBER: 921900407 State Felony259
Time set for oral arguments on jury motions.
Defendant is present in the custody of the Utah
State Prison.
Court clarifies with counsel which motions are
anticipated would be addressed.
Counsel agree that the Motion to Preclude Death
Qualification should be addressed at a later time.
Defense counsel indicates that no objection has been
filed on the Motion to Prohibit Jurors from
Postponing Services and submits.
The Court grants the Motion to Prohibit Jurors from
Postponing Services.
Defense counsel indicates that no objection has been
filed on the Motion to Preserve all Jury Records and
submits.
The Court grants the Motion to Preserve all Jury
Records.
Defense counsel indicates an objection has been
filed on their Motion to Qualify Non-English
Speaking Jurors and submits.
Defense counsel indicates that the defendant rejects
life without parole as a sentencing option and the
motion is withdrawn.
Defense counsel indicates that an objection has been
filed on the Motion for Instructions on Juror's
rights and submits.
Defense counsel addresses the Motion for Blood
Atonement and indicates they will be address the
issue as a general question to the jurors and
submits.
Defense counsel addresses the Motion to Allow Jurors
to Submit Questions.
The Court comments on the motion and indicates that
it does not typically allow the jurors to ask
questions.
Counsel responds.
Counsel address the Motion to Prohibit State from
Exercising Peremptory Challenges.
Defense counsel concedes the issue is not ripe at
this time because jury selection has not occurred
and is more to educate the Court before it gets to
that point.
Counsel for State Christopher Shaw responds.
The Court addresses it's preference for handling the
issue.
Defense counsel and counsel for the State Jeff
Thomson address the Motion to allow the jurors to
view the execution process.
COUNT 2:19
Counsel address the jury questionnaire and indicate
more information is needed.
Counsel discuss the logistics of selecting a jury.
Counsel to have submitted the jury questionnaire in
it's final form by 7/4/14.
Oral arguments on the ten remaining outstanding
motions to be addressed on 7/1/14 at 2:30 p.m.
COUNT 2:42
Hearing is in recess.
COUNT 2:50
Hearing resumes.
The Court addresses the issues discussed in the
morning regarding the pending Motion to Appoint Dr.
Cunningham.
Counsel addresses the issues surrounding Dr.
Cunningham being appointed.
Defense counsel indicates he has no objection to
having the State speaking directly to Christopher
Allred in regards to the Motion to Appoint.
COUNT 3:07
Hearing is in recess.
COUNT 3:19
Hearing resumes.
10-03-2026 07:13 PM Page 85 of
CASE NUMBER: 921900407 State Felony259
The Court mentions bifurcation as an option.
State responds.
Defense counsel and the defendant agree to allow the
State to discuss the logistical issue that centers
around the appointment of Dr. Cunningham with
Christopher Allred.
Counsel for the State Christopher Shaw questions
whether it can review the byproduct of Dr.
Cunningham's previous report to evaluate it and give
more time to see what is coming.
Defense counsel states that it is a draft from 2001
and not a final product so parts will need to be
redacted but it can be provided to the State.
ORAL ARGUMENTS.
Date: 07/01/2014
Time: 02:30 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
06-24-2014 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: CHRISTOPHER F ALLRED
Defendant Present
Defendant's Attorney(s): BOUWHUIS, MICHAEL D
Clerk: zoilab
Audio
Tape Number: 2D062414 Tape Count: 11:04-11:46
HEARING
Time set for oral arguments on the State's Motion
for Order Appointing Dr. Mark D. Cunningham.
Defense counsel presents arguments.
The Court addresses the reasonableness of the fees
requested.
Defense counsel responds to the Court's concerns.
Counsel addresses the fact that a reply to the
motion had not been filed.
The Court is persuaded that a rehabilitation expert
is necessary but is troubled that it has not been
shown whether there are others available locally who
would be able to meet the necessary time frame.
Defense counsel responds.
Court continues the matter to determine if the State
can find an alternative rehabilitation expert.
Further hearing set on 7/1/14 at 8:00 a.m.
Counsel to contact the Court to strike the hearing
if counsel are able to stipulate to an expert.
Defendant agrees that if there is a stipulation, he
would not need to be present.
ORAL ARGUMENTS.
Date: 07/01/2014
Time: 08:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
06-24-2014 ORAL ARGUMENTS scheduled on July 01, 2014 at 02:30 PM in
10-03-2026 07:13 PM Page 86 of
CASE NUMBER: 921900407 State Felony259
2nd Floor Southwest with Judge MICHAEL D DIREDA
06-24-2014 EVIDNOTC for Case 921900407 ID 16022396
Judge: MICHAEL DIREDA
I acknowledge that on _______________ I received
from this court the following exhibits which have
been accepted by the court in this matter:
Exhibits
Exhibits
Exhibits
_________________________
JULIE BERRETT
Exhibit Clerk
06-24-2014 287 Filed: Receipt - Exhibits (released to the State)- S1,
2, 3, 4, 5, 6, 7, 9, 11; S2; exhibit S19 is missing.
06-24-2014 288 **** SEALED **** Filed order: Order Re Sharee Warren
06-24-2014 289 Filed: Order to Sheriff (6/24/14)
06-25-2014 ORAL ARGUMENTS scheduled on July 01, 2014 at 08:00 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
06-25-2014 290 Filed: Memorandum in Opposition to Defendants Motion to
Suppress
06-25-2014 291 Filed: Memorandum in Opposition to Defendants Motion to
Suppress Based on Marital Privilege
06-25-2014 292 Filed: Return of Electronic Notification
06-25-2014 293 Filed: states notice of expert testimony
06-25-2014 294 Filed: Return of Electronic Notification
07-01-2014 Cancelled: JURY TRIAL scheduled on March 09, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 10, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 11, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 13, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 16, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 17, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 18, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 20, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 23, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 24, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 25, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 27, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
10-03-2026 07:13 PM Page 87 of
CASE NUMBER: 921900407 State Felony259
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 30, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on March 31, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Cancelled: JURY TRIAL scheduled on April 01, 2015 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-01-2014 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Reporter: EDWARDS, CLARK
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D070114 Tape Count: 1:38-3:23
HEARING
Defendant present in the custody of Weber County
Jail.
Defense counsel submits on the motions: Motion for
Defense to Argue Last at Penalty Phase, Motion to
Exclude Witnesses, Motion to Prohibit the State from
Arguing Lack of Remorse and Motion to Preclude Death
Qualification.
Defense counsel addresses the Motion to Prohibit the
use of Guilt Phase at Trial.
Counsel for the State Jeff Thomson responds.
Court comments regarding the Motion for Bill of
Particulars and reserves the right to readdress the
issue.
Defense counsel indicates he has not filed an
objection on the Motion for Reciprocal Discovery but
will do so as some items requested are protected.
Defense counsel indicates they may file a
supplemental list of potential witnesses.
Counsel for the State address the testimony of those
no longer living being used at the time of trial and
it's admissibility.
Counsel addresses the rule.
The State shall research the issue and places
counsel on notice.
Counsel for the State Christopher Shaw addresses
issues with the current trial setting and indicates
they have met with defense counsel and agree that
there is no way the trial can go forward on the date
set.
Defense counsel agrees.
The Court questions the availability of the experts
prior to the setting of a new trial date.
The trial is continued to 3/9/15 - 3/11/15, 3/13/15,
3/16/15 - 3/18/15, 3/20/15, 3/23/15 - 3/25/15,
3/27/15 and 3/30/15 - 4/1/15 at 9:00 a.m.
10-03-2026 07:13 PM Page 88 of
CASE NUMBER: 921900407 State Felony259
The Court orders counsel to notify the experts
regarding these dates immediately.
Expert notices, CVs and reports are due to the State
90 days prior to the trial, state to submit their
reports and notices to defense counsel 30 days
later.
All substantive motions to be filed 45 days prior to
trial.
Motions in Limine to be filed 30 days before trial.
Questionnaire to be completed by 7/25/14, with the
exception of any witness names which may need to be
added.
Witnesses to be disclosed at least 30 days prior to
trial, including transcripts of unavailable
witnesses.
State to prepare the case management order.
COUNT 2:35
Hearing is in recess.
COUNT 2:49
Hearing resumes.
The defendant is advised to his right for a speedy
trial and waives that right.
The State indicates the victim, while not happy with
the continuance, understands the need for the
continuance.
Defense counsel Sean Young presents arguments on the
Motion to Suppress.
Counsel for the State Jeff Thomson responds.
Defense counsel Sean Young presents arguments on the
Motion regarding Marital Privilege.
The Court addresses whether it has authority to rule
on the issues as they have been previously ruled on
by an earlier judge.
Counsel respond.
Further status telephone conference set on 7/31/14
at 8:00 a.m.
The defendant confirms that he agrees that he does
not need to be present for the telephone conference.
Scheduling order to be submitted within ten working
days.
JURY TRIAL is scheduled.
Date: 03/09/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL is scheduled.
Date: 03/10/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL is scheduled.
10-03-2026 07:13 PM Page 89 of
CASE NUMBER: 921900407 State Felony259
Date: 03/11/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/13/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/16/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/17/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/18/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/20/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/23/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
10-03-2026 07:13 PM Page 90 of
CASE NUMBER: 921900407 State Felony259
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/24/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/25/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/27/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/30/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 03/31/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
JURY TRIAL.
Date: 04/01/2015
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
TELEPHONE CONFERENCE.
10-03-2026 07:13 PM Page 91 of
CASE NUMBER: 921900407 State Felony259
Date: 07/31/2014
Time: 08:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
07-01-2014 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Reporter: EDWARDS, CLARK
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: CHRISTOPHER F ALLRED
Defendant Present
Defendant's Attorney(s): BOUWHUIS, MICHAEL D
Clerk: zoilab
Audio
Tape Number: 2D070114 Tape Count: 8:20-9:10
HEARING
Time set for continued oral arguments on the Motion
for an Order Appointing Dr. Cunningham.
Counsel for the State Christopher Allred addresses
his efforts to determine if there are additional
experts whom would be available.
Defense counsel addresses the Court.
The Court questions defense counsel regarding the
Motion to Appoint and when it was determined the
expert would be necessary.
Counsel for the State Gary Heward, Christopher Shaw
and Jeff Thomson are excused prior to defense
counsel responding.
The Court addresses it's concerns.
Defense counsel addresses the timeline in regards to
filing the Motion for Appointing Dr. Cunningham and
presents arguments.
The State responds.
The Court appoints Dr. Cunningham based upon the
motion filed, it's discussions with counsel and the
fees requested being reasonable.
Counsel for the State Gary Heward is now present,
oral arguments to resume on the criminal motions
pending at 1:30 p.m.
07-02-2014 295 Filed: Order to Sheriff (7/1/14)
07-03-2014 Cancelled: JURY TRIAL scheduled on July 28, 2014 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Counsel's request.
07-03-2014 TELEPHONE CONFERENCE scheduled on July 31, 2014 at 08:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
07-07-2014 296 Filed: Order (Proposed) pretrial scheduling order
07-07-2014 297 Filed: Return of Electronic Notification
07-07-2014 298 **** SEALED **** Filed order: Order Appointing Dr. Mark
D. Cunningham and for Payment of Fees
07-08-2014 299 Filed: Memorandum in Opposition to Defendants Motion to
Preclude or Restrict Victim Impact Evidence
07-08-2014 300 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 92 of
CASE NUMBER: 921900407 State Felony259
07-08-2014 Note: Scheduling Order held for objection period
07-14-2014 301 Filed: Response to States Discovery Request
07-14-2014 302 Filed: Return of Electronic Notification
07-18-2014 303 Filed: Memorandum in Reply to Defendants Response to the
States Reciprocal Discovery Request
07-18-2014 304 Filed: Return of Electronic Notification
07-19-2014 305 Filed order: Order pretrial scheduling order
Judge MICHAEL D DIREDA
Signed July 19, 2014
07-19-2014 306 Filed: Return of Electronic Notification
07-31-2014 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: JEFFREY G THOMSON
Prosecutor: GARY R HEWARD
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D073114 Tape Count: 8:08-8:24
HEARING
Defense counsel Michael Bouwhuis is present via
telephone.
Defense counsel address the status of the Motion for
Reciprocal Discovery.
Counsel discuss the status of the jury
questionnaire.
Counsel to meet to discuss the pending motions.
The Court schedules argument on the Motion for
Reciprocal Discovery and the Motion regarding Victim
Impact Evidence pending any resolution on the
motions.
Oral arguments set on 8/11/14 at 9:00 a.m.
Counsel to have submitted the questionnaire in it's
final form on 8/11/14 or arguments will be heard.
The scheduling of a further telephone conference to
be discussed on 8/11/14.
ORAL ARGUMENTS is scheduled.
Date: 08/11/2014
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-01-2014 307 Filed: Other - Unsigned Order (Proposed) of the Court on
the States Motion for Reciprocal Discovery
08-01-2014 Note: This matter is scheduled for oral argument. After the Court
hears argument and a decision is rendered, the Court will direct one
of the parties to prepare an order consistent with the Court's
ruling.
08-01-2014 308 Filed: Return of Electronic Notification
08-04-2014 ORAL ARGUMENTS scheduled on August 11, 2014 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
08-11-2014 Minute Entry - Minutes for ORAL ARGUMENTS
10-03-2026 07:13 PM Page 93 of
CASE NUMBER: 921900407 State Felony259
Judge: MICHAEL DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: JEFFREY G THOMSON
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): BOUWHUIS, MICHAEL D
Clerk: zoilab
Audio
Tape Number: 2D081114 Tape Count: 9:14-10:40
HEARING
The Court and counsel discuss the defendant's
restraints.
Defense counsel addresses the Motion for Reciprocal
Discovery.
Counsel for the State Jeffrey Thomson clarifies
their discovery request.
Defense counsel responds.
COUNT 9:32
The Court orders Dr. Gregory to provide the
materials to the court to allow for an incamera
review of the work product contained by 9/12/14.
The Court to rule on the remainder of the issues
addressed in the Motion for Reciprocal Discovery
based on the pleadings submitted.
COUNT 9:45
Defense counsel presents arguments regarding victim
impact evidence.
Counsel for the State Jeffrey Thomson responds.
COUNT 9:59
The Court to issue a written ruling regarding the
victim impact evidence but states it will not
categorically deny the victim impact evidence but
reserve and evaluate the evidence as it comes.
The Court to rule on the Motion for Reciprocal
Discovery after having reviewed Dr. Gregory's
reports.
COUNT 10:03
The Court requests clarification on the Motion to
Suppress regarding marital priviledge.
Counsel provides clarification to the Court
regarding the rule applied and where the testimony
can be located.
Further telephone conference set on 9/18/14 at 8:00
a.m.
STATUS TELEPHONE CONFERENCE is scheduled.
Date: 09/18/2014
Time: 08:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-11-2014 309 Filed order: Ruling on Defendant's Motions Regarding the
Jury
Judge MICHAEL D DIREDA
Signed August 11, 2014
10-03-2026 07:13 PM Page 94 of
CASE NUMBER: 921900407 State Felony259
08-11-2014 310 Filed order: Ruling Denying Defendant's Motion to
Suppress - Agent of the State
Judge MICHAEL D DIREDA
Signed August 11, 2014
08-11-2014 311 Filed order: Ruling on Defendant's Motions Argued on
July 1, 2014
Judge MICHAEL D DIREDA
Signed August 11, 2014
08-11-2014 312 Filed: Order to Sheriff (8/11/14)
08-12-2014 Cancelled: STATUS TELEPHONE CONFERENCE scheduled on
September 18, 2014 at 08:00 AM in 2nd Floor Southwest
with Judge MICHAEL D DIREDA
08-15-2014 313 Filed: Order (Proposed) OF THE COURT ON IN CAMERA REVIEW
OF THE STATES DISCOVERY REQUEST FROM DOCTOR GREGORY
08-15-2014 314 Filed: Return of Electronic Notification
08-18-2014 315 Filed order: Order OF THE COURT ON IN CAMERA REVIEW OF
THE STATES DISCOVERY REQUEST FROM DOCTOR GREGORY
Judge MICHAEL D DIREDA
Signed August 18, 2014
08-18-2014 316 Filed: Return of Electronic Notification
08-21-2014 TELEPHONE CONFERENCE scheduled on August 26, 2014 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
08-26-2014 STATUS TELEPHONE CONFERENCE scheduled on October 16,
2014 at 08:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
08-26-2014 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: GARY R HEWARD
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Defendant not present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D082614 Tape Count: 8:36-8:58
HEARING
The Court addresses the Motion to Suppress in
regards to which statements are going to be used at
trial to help narrow the scope of the court's
analysis.
The Court also expresses it's uncertainty as to the
scope of Rule 502 as it pertains to the statements
at issue as there is not a wealth of controlling
case law.
Counsel for the State Gary Heward states it is their
opinion that all statements for the purpose of trial
are admissible.
Defense Counsel Sean Young replies.
Counsel for the State Jeff Thomson suggests that
defense counsel address which statements they deem
to be inadmissible by way of a supplemental brief.
The Court states that it prefers to deal with these
issues ahead of time rather than at the time of
trial.
10-03-2026 07:13 PM Page 95 of
CASE NUMBER: 921900407 State Felony259
The Court invites defense counsel to review the
testimony of Mrs. Lovell in the preliminary hearing
and determine which statements the Court should
limit, more in the form of a Motion in Limine as
opposed to a Motion to Suppress.
Defense counsel to file a supplemental brief
regarding which statements it feels should be left
out by 9/23/14.
Counsel may arrange an extension of time with the
State, however counsel shall notify the Court of the
extension.
State to respond to the supplemental brief by
10/7/14.
Any reply to be filed by 10/14/14.
The previously scheduled Status Telephone Conference
is moved to 10/16/14 at 8:00 a.m. to address the
scheduling of arguments on the supplemental briefs.
The State requests that the citations noted by the
Court be provided to counsel.
The Court shall forward the citations to defense
counsel and the State.
STATUS TELEPHONE CONFERENCE is scheduled.
Date: 10/16/2014
Time: 08:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
09-12-2014 Note: Documents for in camera review received.
09-19-2014 317 Filed: Motion for Prison Visit by Dr. Cunningham
Filed by: STATE OF UTAH
09-19-2014 318 Filed: Return of Electronic Notification
09-19-2014 319 Filed order: Order Allowing Dr. Mark Cunningham to Visit
Defendant in the Utah State Prison
Judge MICHAEL D DIREDA
Signed September 19, 2014
10-01-2014 320 Filed order: Ruling on Defendant's Motion Regarding
Victim Impact Evidence
Judge MICHAEL D DIREDA
Signed September 30, 2014
10-16-2014 Minute Entry - Minutes for STATUS TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Prosecutor: JEFFREY G THOMSON
Defendant not present
Defendant's Attorney(s): YOUNG, SEAN
Clerk: zoilab
Audio
Tape Number: 2D101614 Tape Count: 8:27-8:49
HEARING
The Court addresses counsel regarding the
supplemental brief on the motion regarding marital
privilege.
Defense counsel indicates the State had granted him
an extension to file that supplemental brief and
requests clarification from the Court regarding the
brief.
10-03-2026 07:13 PM Page 96 of
CASE NUMBER: 921900407 State Felony259
The Court indicates it is requesting a more detailed
analysis of the statements which are requested to be
suppressed.
Counsel for the State Gary Heward suggests that
statements be categorized to address the
communication versus privilege issue.
The Court clarifies its' analysis of the exception
of statements.
Defense counsel to file the supplemental brief by
10/31/14.
State to respond by 11/14/14.
Reply to be filed by 11/21/14.
Telephone conference to be set to schedule hearing
once the briefing has been completed.
10-23-2014 321 **** SEALED **** Filed: Motion for Additional Funds for
Forensic Psychiatrist
10-23-2014 322 **** SEALED **** Filed: Memorandum Memo re Additional
Funds for Forensic Psychiatrist
10-23-2014 323 Filed: Return of Electronic Notification
11-03-2014 324 **** SEALED **** Filed: Stipulated Motion to Appoint Dr.
Diane L. France and for Payment of Fees
11-05-2014 325 **** SEALED **** Filed order: Order Appointing Dr. Diane
L. France and for Payment of Fees
12-02-2014 STATUS CONFERENCE scheduled on December 04, 2014 at
08:15 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
12-04-2014 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: GARY R HEWARD
Defendant not present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D120414 Tape Count: 8:15-8:51
HEARING
10-03-2026 07:13 PM Page 97 of
CASE NUMBER: 921900407 State Felony259
Parties are present in Judge's chambers.
Defense counsel Michael Bouwhuis is present via
telephone.
The Court addresses the pending Motion to Suppress
and indicates that it has review the documents
submitted for an in camera review and indicates
there is nothing in the documents that needs to be
protected.
The Court grants the State's discovery request.
Defense counsel addresses the pending Motion to
Suppress relating to the supplemental brief and his
concerns regarding statements made at sentencing.
Counsel for the State Gary Heward states that the
supplemental brief needs to be filed.
Defense counsel Sean Young to file the brief by
12/12/14.
State to file their response by 01/09/15.
Reply to be filed by 1/23/15.
Oral arguments on the Motion set on 1/28/15 at 8:30
a.m.
Defense counsel Michael Bouwhuis indicates that
substitute forensic anthropologist has a conflict so
they will be calling as a witness Tom Griffin.
Contact information has been provided to the State,
no report to be submitted.
Counsel address the logistics of mailing out the
jury questionnaires or requiring the jurors to be
present.
Court to determine whether the questionnaires are to
be mailed out and whether to require it be returned
within 10 days.
The clerk to circulate and confirm the jury
questionnaire to be used.
Court to call 200 potential jurors for the trial.
ORAL ARGUMENTS is scheduled.
Date: 01/28/2015
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
12-10-2014 ORAL ARGUMENTS scheduled on January 28, 2015 at 08:30 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-11-2014 330 Filed: Jury Questionnaire
12-11-2014 331 Filed: Return of Electronic Notification
12-13-2014 332 Filed: Motion Supplemental Motion to Suppress Evidence
Based on Marital Privilege
Filed by: DOUGLAS A LOVELL
01-05-2015 EVIDNOTC for Case 921900407 ID 16398354
Judge: MICHAEL DIREDA
I acknowledge that on _______________ I received
from this court the following exhibits which have
been accepted by the court in this matter:
D21
D1, D3
D12, 13, 14, 15
_________________________
MICHAEL BOUWHUIS
Attorney for Defendant
01-05-2015 333 Filed: Receipt (DEF exhibits)
01-08-2015 334 Filed: Memorandum (Supplemental) in Opposition to
Defendants Motion to Suppress Based on Marital Privilege
10-03-2026 07:13 PM Page 98 of
CASE NUMBER: 921900407 State Felony259
01-08-2015 335 Filed: Return of Electronic Notification
01-14-2015 336 Filed: Jury Questionnaire
01-14-2015 337 Filed: Return of Electronic Notification
01-14-2015 338 Filed: Jury Questionnaire
01-14-2015 339 Filed: Return of Electronic Notification
01-15-2015 340 Filed: Jury Questionnaire (Final)
01-15-2015 341 Filed: Return of Electronic Notification
01-20-2015 342 **** PRIVATE **** Filed: Jury Questionnaire (137)
01-20-2015 343 **** PRIVATE **** Filed: Jury Questionnaire (66)
01-20-2015 344 **** PRIVATE **** Filed: Jury Questionnaire (135)
01-20-2015 345 **** PRIVATE **** Filed: Jury Questionnaire (28)
01-20-2015 346 **** PRIVATE **** Filed: Jury Questionnaire (37)
01-21-2015 347 **** PRIVATE **** Filed: Jury Questionnaire (167)
01-21-2015 348 **** PRIVATE **** Filed: Jury Questionnaire (65)
01-21-2015 349 **** PRIVATE **** Filed: Jury Questionnaire (70)
01-21-2015 350 **** PRIVATE **** Filed: Jury Questionnaire (179)
01-21-2015 351 **** PRIVATE **** Filed: Jury Questionnaire (80)
01-21-2015 352 **** PRIVATE **** Filed: Jury Questionnaire (139)
01-21-2015 353 **** PRIVATE **** Filed: Jury Questionnaire (107)
01-21-2015 354 **** PRIVATE **** Filed: Jury Questionnaire (24)
01-21-2015 355 **** PRIVATE **** Filed: Jury Questionnaire (34)
01-21-2015 356 **** PRIVATE **** Filed: Jury Questionnaire (176)
01-21-2015 357 **** PRIVATE **** Filed: Jury Questionnaire (177)
01-21-2015 358 **** PRIVATE **** Filed: Jury Questionnaire (183)
01-21-2015 359 **** PRIVATE **** Filed: Jury Questionnaire (50)
01-21-2015 360 **** PRIVATE **** Filed: Jury Questionnaire (47)
01-21-2015 361 **** PRIVATE **** Filed: Jury Questionnaire (117)
01-21-2015 362 **** PRIVATE **** Filed: Jury Questionnaire (142)
01-21-2015 363 **** PRIVATE **** Filed: Jury Questionnaire (60)
01-21-2015 364 **** PRIVATE **** Filed: Jury Questionnaire (41)
01-21-2015 365 **** PRIVATE **** Filed: Jury Questionnaire (132)
01-21-2015 366 **** PRIVATE **** Filed: Jury Questionnaire (185)
01-21-2015 367 **** PRIVATE **** Filed: Jury Questionnaire (166)
01-21-2015 368 **** PRIVATE **** Filed: Jury Questionnaire (15)
01-21-2015 369 **** PRIVATE **** Filed: Jury Questionnaire (46)
01-21-2015 370 **** PRIVATE **** Filed: Jury Questionnaire (154)
01-21-2015 371 **** PRIVATE **** Filed: Jury Questionnaire (127)
01-21-2015 372 **** PRIVATE **** Filed: Jury Questionnaire (1)
01-21-2015 373 **** PRIVATE **** Filed: Jury Questionnaire (163)
01-21-2015 374 **** PRIVATE **** Filed: Jury Questionnaire (25)
01-21-2015 375 **** PRIVATE **** Filed: Jury Questionnaire (150)
01-21-2015 376 **** PRIVATE **** Filed: Jury Questionnaire (44)
01-21-2015 377 **** PRIVATE **** Filed: Jury Questionnaire (133)
01-21-2015 378 **** PRIVATE **** Filed: Jury Questionnaire (124)
01-21-2015 379 **** PRIVATE **** Filed: Jury Questionnaire (104)
01-21-2015 380 **** PRIVATE **** Filed: Jury Questionnaire (14)
01-21-2015 381 **** PRIVATE **** Filed: Jury Questionnaire (16)
01-21-2015 382 **** PRIVATE **** Filed: Jury Questionnaire (91)
01-22-2015 383 **** PRIVATE **** Filed: Jury Questionnaire (103)
01-22-2015 384 **** PRIVATE **** Filed: Jury Questionnaire (53)
01-22-2015 385 **** PRIVATE **** Filed: Jury Questionnaire (6)
01-22-2015 386 **** PRIVATE **** Filed: Jury Questionnaire (96)
10-03-2026 07:13 PM Page 99 of
CASE NUMBER: 921900407 State Felony259
01-22-2015 387 **** PRIVATE **** Filed: Jury Questionnaire (152)
01-22-2015 388 **** PRIVATE **** Filed: Jury Questionnaire (169)
01-22-2015 389 **** PRIVATE **** Filed: Jury Questionnaire (161)
01-22-2015 390 **** PRIVATE **** Filed: Jury Questionnaire (58)
01-22-2015 391 **** PRIVATE **** Filed: Jury Questionnaire (20)
01-22-2015 392 **** PRIVATE **** Filed: Jury Questionnaire (149)
01-22-2015 393 **** PRIVATE **** Filed: Jury Questionnaire (67)
01-22-2015 394 **** PRIVATE **** Filed: Jury Questionnaire (197)
01-22-2015 395 **** PRIVATE **** Filed: Jury Questionnaire (72)
01-22-2015 396 **** PRIVATE **** Filed: Jury Questionnaire (32)
01-22-2015 397 **** PRIVATE **** Filed: Jury Questionnaire (113)
01-22-2015 398 **** PRIVATE **** Filed: Jury Questionnaire (187)
01-22-2015 399 **** PRIVATE **** Filed: Jury Questionnaire (61)
01-22-2015 400 **** PRIVATE **** Filed: Jury Questionnaire (63)
01-22-2015 401 **** PRIVATE **** Filed: Jury Questionnaire (22)
01-22-2015 402 **** PRIVATE **** Filed: Jury Questionnaire (184)
01-22-2015 403 Filed: Notice of Intent to Use Res Gestae and/or 404(b)
Evidence
01-22-2015 404 Filed: Return of Electronic Notification
01-23-2015 405 **** PRIVATE **** Filed: Jury Questionnaire (45)
01-23-2015 406 **** PRIVATE **** Filed: Jury Questionnaire (175)
01-23-2015 407 **** PRIVATE **** Filed: Jury Questionnaire (192)
01-23-2015 408 **** PRIVATE **** Filed: Jury Questionnaire (93)
01-23-2015 409 **** PRIVATE **** Filed: Jury Questionnaire (82)
01-23-2015 410 **** PRIVATE **** Filed: Jury Questionnaire (35)
01-23-2015 411 **** PRIVATE **** Filed: Jury Questionnaire (189)
01-23-2015 412 **** PRIVATE **** Filed: Jury Questionnaire (102)
01-23-2015 413 **** PRIVATE **** Filed: Jury Questionnaire (31)
01-23-2015 414 **** PRIVATE **** Filed: Jury Questionnaire (112)
01-23-2015 415 **** PRIVATE **** Filed: Jury Questionnaire (74)
01-23-2015 416 **** PRIVATE **** Filed: Jury Questionnaire (30)
01-23-2015 417 **** PRIVATE **** Filed: Jury Questionnaire (180)
01-23-2015 418 **** PRIVATE **** Filed: Jury Questionnaire (134)
01-23-2015 419 **** PRIVATE **** Filed: Jury Questionnaire (106)
01-23-2015 420 **** PRIVATE **** Filed: Jury Questionnaire (49)
01-23-2015 421 **** PRIVATE **** Filed: Jury Questionnaire (75)
01-23-2015 422 **** PRIVATE **** Filed: Jury Questionnaire (159)
01-26-2015 423 **** PRIVATE **** Filed: Jury Questionnaire (68)
01-26-2015 424 **** PRIVATE **** Filed: Jury Questionnaire (119)
01-26-2015 425 **** PRIVATE **** Filed: Jury Questionnaire (182)
01-26-2015 426 **** PRIVATE **** Filed: Jury Questionnaire (95)
01-26-2015 427 **** PRIVATE **** Filed: Jury Questionnaire (114)
01-26-2015 428 **** PRIVATE **** Filed: Jury Questionnaire (97)
01-26-2015 429 **** PRIVATE **** Filed: Jury Questionnaire (48)
01-26-2015 430 **** PRIVATE **** Filed: Jury Questionnaire (125)
01-26-2015 431 **** PRIVATE **** Filed: Jury Questionnaire (17)
01-26-2015 432 **** PRIVATE **** Filed: Jury Questionnaire (141)
01-26-2015 433 **** PRIVATE **** Filed: Jury Questionnaire (147)
01-26-2015 434 **** PRIVATE **** Filed: Jury Questionnaire (196)
01-26-2015 435 **** PRIVATE **** Filed: Jury Questionnaire (136)
01-26-2015 436 **** PRIVATE **** Filed: Jury Questionnaire (198)
01-26-2015 437 **** PRIVATE **** Filed: Jury Questionnaire (73)
10-03-2026 07:13 PM Page 100 of
CASE NUMBER: 921900407 State Felony259
01-26-2015 438 **** PRIVATE **** Filed: Jury Questionnaire (10)
01-26-2015 439 **** PRIVATE **** Filed: Jury Questionnaire (36)
01-26-2015 440 **** PRIVATE **** Filed: Jury Questionnaire (118)
01-26-2015 441 **** PRIVATE **** Filed: Jury Questionnaire (64)
01-26-2015 442 **** PRIVATE **** Filed: Jury Questionnaire (81)
01-26-2015 443 **** PRIVATE **** Filed: Jury Questionnaire (40)
01-27-2015 444 **** PRIVATE **** Filed: Jury Questionnaire (100)
01-27-2015 445 **** PRIVATE **** Filed: Jury Questionnaire (164)
01-27-2015 446 **** PRIVATE **** Filed: Jury Questionnaire (101)
01-27-2015 447 **** PRIVATE **** Filed: Jury Questionnaire (191)
01-28-2015 448 Filed: Order (Proposed) on the States Request for
Reciprocal Discovery
01-28-2015 449 Filed: Return of Electronic Notification
01-28-2015 Minute Entry - Minutes for ORAL ARGUMENTS
Judge: MICHAEL DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D012815 Tape Count: 8:49-9:59
HEARING
Defendant is present in the custody of Utah State
Prison.
COUNT 8:51
Defense counsel Sean Young presents arguments
regarding the Motion to Suppress.
COUNT 9:02
Counsel for the State Jeff Thomson presents
arguments.
COUNT 9:34
Defense counsel Sean Young responds.
Court takes the matter under advisement and will
issue a written ruling.
Attorney Christopher Shaw requests that the exchange
of additional information they have requested by
done by 2/6/15.
Counsel to address the Court at the time of the
status conference if they need the scope or content
of a witnesses testimony to be more fully defined.
State to submit the order regarding the exchange of
discovery.
Status conference set on 2/19/15 at 8:00 a.m.
Counsel to review the questionnaires filed with the
Court.
STATUS CONFERENCE is scheduled.
Date: 02/19/2015
Time: 08:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
01-28-2015 450 **** PRIVATE **** Filed: Jury Questionnaire (145)
10-03-2026 07:13 PM Page 101 of
CASE NUMBER: 921900407 State Felony259
01-28-2015 451 **** PRIVATE **** Filed: Jury Questionnaire (7)
01-28-2015 452 **** PRIVATE **** Filed: Jury Questionnaire (2)
01-28-2015 453 **** PRIVATE **** Filed: Jury Questionnaire (120)
01-28-2015 454 **** PRIVATE **** Filed: Jury Questionnaire (199)
01-28-2015 455 **** PRIVATE **** Filed: Jury Questionnaire (126)
01-28-2015 456 **** PRIVATE **** Filed: Jury Questionnaire (51)
01-28-2015 457 **** PRIVATE **** Filed: Jury Questionnaire (19)
01-28-2015 458 **** PRIVATE **** Filed: Jury Questionnaire (18)
01-28-2015 459 **** PRIVATE **** Filed: Jury Questionnaire (140)
01-28-2015 460 **** PRIVATE **** Filed: Jury Questionnaire (99)
01-28-2015 461 **** PRIVATE **** Filed: Jury Questionnaire (21)
01-28-2015 462 **** PRIVATE **** Filed: Jury Questionnaire (190)
01-28-2015 463 **** PRIVATE **** Filed: Jury Questionnaire (62)
01-28-2015 464 **** PRIVATE **** Filed: Jury Questionnaire (55)
01-28-2015 465 **** PRIVATE **** Filed: Jury Questionnaire (129)
01-28-2015 466 **** PRIVATE **** Filed: Jury Questionnaire (69)
01-28-2015 467 **** PRIVATE **** Filed: Jury Questionnaire (143)
01-28-2015 468 **** PRIVATE **** Filed: Jury Questionnaire (90)
01-28-2015 469 **** PRIVATE **** Filed: Jury Questionnaire (76) -
Returned/Return to Sender - Unable to Forward
01-28-2015 470 Filed: Order to Sheriff (1/28/15)
01-29-2015 471 **** PRIVATE **** Filed: Jury Questionnaire (111)
01-29-2015 472 **** PRIVATE **** Filed: Jury Questionnaire (121)
01-29-2015 473 **** PRIVATE **** Filed: Jury Questionnaire (4)
01-29-2015 474 **** PRIVATE **** Filed: Jury Questionnaire (122)
01-29-2015 475 **** PRIVATE **** Filed: Jury Questionnaire (33)
01-29-2015 476 **** PRIVATE **** Filed: Jury Questionnaire (148)
01-29-2015 477 **** PRIVATE **** Filed: Jury Questionnaire (27)
01-29-2015 478 **** PRIVATE **** Filed: Jury Questionnaire (108)
01-29-2015 479 **** PRIVATE **** Filed: Jury Questionnaire (131)
01-29-2015 480 **** PRIVATE **** Filed: Jury Questionnaire (155)
01-29-2015 481 **** PRIVATE **** Filed: Jury Questionnaire (115)
01-29-2015 482 **** PRIVATE **** Filed: Jury Questionnaire (200)
01-29-2015 483 **** PRIVATE **** Filed: Jury Questionnaire (174)
01-29-2015 484 **** PRIVATE **** Filed: Jury Questionnaire (54)
01-29-2015 485 **** PRIVATE **** Filed: Jury Questionnaire (87)
01-29-2015 486 **** PRIVATE **** Filed: Jury Questionnaire (156)
01-29-2015 487 **** PRIVATE **** Filed: Jury Questionnaire (195)
01-29-2015 488 Filed: Order (Proposed) Order for Funding - Dr. Gregory
01-29-2015 489 Filed: Return of Electronic Notification
01-29-2015 490 Filed: Motion to Reimburse Witness Costs
Filed by: STATE OF UTAH
01-29-2015 491 Filed: Order (Proposed) Order to Reimburse Witness Costs
01-29-2015 492 Filed: Return of Electronic Notification
01-30-2015 497 **** PRIVATE **** Filed: Jury Questionnaire (8)
01-30-2015 499 **** PRIVATE **** Filed: Jury Questionnaire (9)
01-30-2015 498 **** PRIVATE **** Filed: Jury Questionnaire (128)
01-30-2015 500 **** PRIVATE **** Filed: Jury Questionnaire (43)
01-30-2015 501 **** PRIVATE **** Filed: Jury Questionnaire (188)
01-30-2015 502 **** PRIVATE **** Filed: Jury Questionnare (160)
01-30-2015 503 **** PRIVATE **** Filed: Jury Questionnaire (83)
01-30-2015 504 **** PRIVATE **** Filed: Jury Questionnaire (194)
10-03-2026 07:13 PM Page 102 of
CASE NUMBER: 921900407 State Felony259
01-30-2015 505 **** PRIVATE **** Filed: Jury Questionnaire (26)
01-30-2015 506 **** PRIVATE **** Filed: Jury Questionnaire (165)
01-30-2015 507 **** PRIVATE **** Filed: Jury Questionnaire (165)
01-30-2015 509 **** PRIVATE **** Filed: Jury Questionnaire (110)
01-30-2015 510 **** PRIVATE **** Filed: Jury Questionnaire (171)
01-30-2015 512 **** PRIVATE **** Filed: Jury Questionnaire (94)
01-30-2015 513 **** PRIVATE **** Filed: Jury Questionnaire (123)
01-30-2015 514 **** PRIVATE **** Filed: Jury Questionnaire (92)
01-30-2015 493 **** PRIVATE **** Filed: Jury Questionnaire (39)
01-30-2015 494 **** PRIVATE **** Filed: Jury Questionnaire (78)
01-30-2015 495 **** PRIVATE **** Filed: Jury Questionnaire (146)
01-30-2015 496 **** PRIVATE **** Filed: Jury Questionnaire (11)
02-02-2015 527 **** PRIVATE **** Filed: Jury Questionnaire (98)
02-02-2015 528 **** PRIVATE **** Filed: Jury Questionnaire (13)
02-02-2015 529 **** PRIVATE **** Filed: Jury Questionnaire (59)
02-02-2015 530 **** PRIVATE **** Filed: Jury Questionnaire (5)
02-02-2015 531 **** PRIVATE **** Filed: Jury Questionnaire (157)
02-02-2015 532 **** PRIVATE **** Filed: Jury Questionnaire (88)
02-02-2015 533 **** PRIVATE **** Filed: Jury Questionnaire (172)
02-02-2015 534 **** PRIVATE **** Filed: Jury Questionnaire (170)
02-02-2015 535 **** PRIVATE **** Filed: Jury Questionnaire (89)
02-02-2015 536 **** PRIVATE **** Filed: Jury Questionnaire (38)
02-02-2015 537 **** PRIVATE **** Filed: Jury Questionnaire (77)
02-02-2015 538 **** PRIVATE **** Filed: Jury Questionnaire (130)
02-02-2015 539 **** PRIVATE **** Filed: Jury Questionnaire (79)
02-02-2015 540 **** PRIVATE **** Filed: Jury Questionnaire (85)
02-02-2015 508 Filed order: Order on the States Request for Reciprocal
Discovery
Judge MICHAEL D DIREDA
Signed February 02, 2015
02-02-2015 511 Filed: Return of Electronic Notification
02-02-2015 515 **** PRIVATE **** Filed: Jury Questionnaire (162)
02-02-2015 516 **** PRIVATE **** Filed: Jury Questionnaire (181)
02-02-2015 517 **** PRIVATE **** Filed: Jury Questionnaire (3)
02-02-2015 518 **** PRIVATE **** Filed: Jury Questionnaire (86)
02-02-2015 519 **** PRIVATE **** Filed: Jury Questionnaire (178)
02-02-2015 520 **** PRIVATE **** Filed: Jury Questionnaire (57)
02-02-2015 521 **** PRIVATE **** Filed: Jury Questionnaire (42)
02-02-2015 522 **** PRIVATE **** Filed: Jury Questionnaire (56)
02-02-2015 523 **** PRIVATE **** Filed: Jury Questionnaire (29)
02-02-2015 524 **** PRIVATE **** Filed: Jury Questionnaire (52)
02-02-2015 525 **** PRIVATE **** Filed: Jury Questionnaire (168)
02-02-2015 526 **** PRIVATE **** Filed: Jury Questionnaire (12)
02-03-2015 STATUS CONFERENCE scheduled on February 19, 2015 at
08:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
02-03-2015 541 **** PRIVATE **** Filed: Jury Questionnaire (144)
02-03-2015 542 **** PRIVATE **** Filed: Jury Questionnaire (158)
02-03-2015 543 **** PRIVATE **** Filed: Jury Questionnaire (151)
02-03-2015 544 **** PRIVATE **** Filed: Jury Questionnaire (173)
02-03-2015 545 **** PRIVATE **** Filed: Jury Questionnaire (71)
02-04-2015 546 **** PRIVATE **** Filed: Jury Questionnaire (138)
02-04-2015 547 Filed order: Order to Reimburse Witness Costs
10-03-2026 07:13 PM Page 103 of
CASE NUMBER: 921900407 State Felony259
Judge MICHAEL D DIREDA
Signed February 04, 2015
02-04-2015 548 Filed order: Order for Funding - Dr. Gregory
Judge MICHAEL D DIREDA
Signed February 04, 2015
02-04-2015 549 Filed: Return of Electronic Notification
02-04-2015 550 Filed: Return of Electronic Notification
02-04-2015 551 **** PRIVATE **** Filed: Jury Questionnaire (186)
02-05-2015 552 **** PRIVATE **** Filed: Jury Questionnaire (109)
02-05-2015 553 **** PRIVATE **** Filed: Jury Questionnairre (23)
02-05-2015 554 **** PRIVATE **** Filed: Jury Questionnaire (153)
02-06-2015 555 **** PRIVATE **** Filed: Jury Questionnaire (84)
02-06-2015 556 **** PRIVATE **** Filed: Jury Questionnaire (105)
02-06-2015 557 Filed: Memorandum Sentencing Brief
02-06-2015 558 Filed: Return of Electronic Notification
02-09-2015 559 **** PRIVATE **** Filed: Jury Questionnaire (116)
02-09-2015 560 **** PRIVATE **** Filed: Victim Impact Statement
02-09-2015 561 Filed: Return of Electronic Notification
02-10-2015 Note: Victim Impact Statement filed on 2/9/15 filed in the incorrect
case.
02-10-2015 562 **** PRIVATE **** Filed: Jury Questionnaire (193)
02-17-2015 Minute Entry - Minutes for TELEPHONE CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: GARY R HEWARD
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Defendant not present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D021715 Tape Count: 1:55-2:10
HEARING
The Court expresses concerns regarding excusing any
jurors without the defendant agreeing or waiting to
the initial cut.
Defense counsel to discuss the issue with the
defendant today.
Defendant to be transported on 2/19/15 to allow any
agreement to be made on the record.
Court directs counsel to put together a stipulated
set of jury instructions.
The stipulated set of jury instructions as well as
those jury instructions not stipulated to are to be
submitted to the Court by 3/2/15.
The clerk to forward to counsel the court's set of
jury instructions.
Counsel for the State Christopher Shaw indicates
they will work on the verdict form and expresses
concerns regarding the Court's ruling on the issue
of spousal priviledge and the possiblitty of the
jurors being tainted.
The Court to review the State's request.
02-17-2015 572 **** SEALED **** Filed: Motion in Limine to Exclude
Jared Brigg's Testimony or Continue Trial
02-17-2015 TELEPHONE CONFERENCE scheduled on February 17, 2015 at
01:29 PM in 2nd Floor Southwest with Judge MICHAEL D
10-03-2026 07:13 PM Page 104 of
CASE NUMBER: 921900407 State Felony259
DIREDA
02-17-2015 Note: STATUS CONFERENCE calendar modified.
02-17-2015 577 **** SEALED **** Filed: Memorandum of Points and
Authorities in Support of Motion in Limine to Exclude
Jared Brigg's Testimony or Continue Trial
02-19-2015 563 Filed: Motion To Seal
Filed by: STATE OF UTAH
02-19-2015 564 Filed: Order (Proposed) Order To Seal
02-19-2015 565 Filed: Return of Electronic Notification
02-19-2015 566 Filed: Subpoena Duces Tecum to Charles G. Thompson
02-19-2015 567 Filed: Return of Electronic Notification
02-19-2015 568 Filed: Order to Sheriff (2/19/15)
02-19-2015 Minute Entry - Minutes for STATUS CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: GARY R HEWARD
Prosecutor: JEFFREY G THOMSON
Prosecutor: CHRISTOPHER L SHAW
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D021915 Tape Count: 8:06-8:45
HEARING
Defendant is present in the custody of the Utah
State Prison.
The Court addresses the defendant regarding whether
he stipulates to prospective jurors being excused
upon review of the questionnaires.
Defendant indicates he spoke to defense counsel and
waives his right to review the initial batch of
questionnaires.
Counsel for the State Gary Heward clarifies that
both sides had to agree that there was a clear
challenge for cause or hardship.
Counsel confirmed they have received the preliminary
jury instructions.
Court states that it has reviewed the motion filed.
Counsel for the State Jeffrey Thomson indicates he
is prepared to address the issues today.
COUNT 8:20
Off record bench conference held.
COUNT 8:35
Counsel for the State Gary Heward requests some
clarification as to the jury trial dates.
The Court confirms that it will be holding its'
regular law and motion calendars on Thursdays.
Counsel for the State Gary Heward requests a
pretrial conference be set to allow for exhibits to
be premarked and preadmitted.
Court addresses the logistics of jury voir dire.
Pretrial conference set on 3/2/15 at 10:00 a.m.
PRETRIAL CONFERENCE is scheduled.
Date: 03/02/2015
Time: 10:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
10-03-2026 07:13 PM Page 105 of
CASE NUMBER: 921900407 State Felony259
2525 Grant Avenue
Ogden, UT 84401
02-19-2015 569 Filed: Motion to Seal Discovery Requests
Filed by: STATE OF UTAH
02-19-2015 570 Filed: Order (Proposed) Order to Seal Discovery Requests
02-19-2015 Cancelled: PRETRIAL CONFERENCE scheduled on March 02,
2015 at 10:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
02-19-2015 571 Filed: Return of Electronic Notification
02-20-2015 573 Filed: Other - Unsigned Order (Proposed) Order to Seal
Discovery Requests
02-20-2015 Note: Order attached to the Order to Seal Discovery Requests is
actually the Order on the Motion in Limine.
02-20-2015 574 Filed: Return of Electronic Notification
02-20-2015 575 **** SEALED **** Filed: Discovery Request for Materials
Regarding Jared Briggs [Under Seal]
02-20-2015 576 **** SEALED **** Filed: Supplemental Discovery Request
for Materials Regarding Jared Briggs [Under Seal]
02-23-2015 578 Filed order: Order To Seal
Judge MICHAEL D DIREDA
Signed February 23, 2015
02-23-2015 579 Filed: Return of Electronic Notification
02-23-2015 Modified: PRETRIAL CONFERENCE scheduled on March 02,
2015 at 10:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Correct calendar
02-23-2015 PRETRIAL CONFERENCE scheduled on March 02, 2015 at 10:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-23-2015 581 **** PRIVATE **** Filed: Return to Sender, Updated
Address - Juror Summons (142) - remailed to updated
address
02-23-2015 582 **** PRIVATE **** Filed: Return to Sender, Updated
Address - Juror Excused (191) - remailed to updated
address
02-24-2015 580 Filed order: Memorandum Decision and Order on
Defendant's Motion to Suppress Marital Statements
Judge MICHAEL D DIREDA
Signed February 24, 2015
02-25-2015 583 Filed: Amended Information
02-25-2015 584 Filed: certificate of service of subpoena for production
of evidence to bishop charles thompson notice objection
and declaration
02-25-2015 585 Filed: Return of Electronic Notification
02-25-2015 586 Filed: Return of Electronic Notification
02-26-2015 587 Filed: Request/Notice to Submit
02-26-2015 588 Filed: Return of Electronic Notification
02-26-2015 589 Filed order: Memorandum Decision and Order
Judge MICHAEL D DIREDA
Signed February 26, 2015
02-27-2015 590 Filed: States Notice of Aggravating Circumstances
02-27-2015 591 Filed: Return of Electronic Notification
02-27-2015 592 **** SEALED **** Filed: State's Response to Defendant's
Request for Discovery Regarding Jared Briggs
02-27-2015 593 Filed: Jury Instructions (States Proposed)
02-27-2015 594 Filed: Return of Electronic Notification
03-02-2015 604 Filed: Order to Sheriff (3/2/15)
03-02-2015 Minute Entry - Minutes for PRETRIAL CONFERENCE
10-03-2026 07:13 PM Page 106 of
CASE NUMBER: 921900407 State Felony259
Judge: MICHAEL DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: JEFFREY G THOMSON
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Defendant Present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Clerk: zoilab
Audio
Tape Number: 2D030215 Tape Count: 10:38-11:56
HEARING
10-03-2026 07:13 PM Page 107 of
CASE NUMBER: 921900407 State Felony259
Defense counsel Michael Bouwhuis addresses the
exhibits and states the parties agree to most of the
exhibits except for a letter and a section of a
transcript.
Counsel for the State Christopher Shaw and defense
counsel Michael Bouwhuis address the marking of the
exhibits.
COUNT 10:48
Counsel for the State Jeffrey Thomson addresses the
entry of testimony of Joyce Yost, Tom Peters, and
the defendant's testimony from 1993 by the reading
of the transcripts.
Defense counsel Michael Bouwhuis addresses the
Court's question regarding the confrontation clause
and requests that testimony in the transcripts that
is later stricken, not be read initially.
The Court states that testimony that is later
stricken should be left out of the reading of the
transcripts.
Counsel to redact those passages from the
transcripts in advance of them being read.
Mr. Thomson states that some portions of the
transcripts statements will be redacted for purposes
of the trial phase and the State will seek to have
them admitted during the sentencing phase when they
become relevant.
The transcripts will not be admitted as an exhibit.
COUNT 10:56
Mr. Bouwhuis states that he is seek three witnesses
have transcripts, the defendant's father who is
deceased.
State has no objection to the transcript being read.
Mr. Bouwhuis seeks to have the transcript of the
defendant's aunt and Colleen Bartell read into the
record and addresses the reasons why.
Mr. Thomson states that they are willing to
stipulate to the unavailability of the witnesses and
allow those testimonies to be read in as well as the
cross examination conducted.
Mr. Heward addresses the Court and addresses the
stipulation to certain jurors being excused but
states that the questionnaire doesn't tell the jury
that a sentence option would be life with parole.
Mr. Heward requests the remaining group of 50 jurors
be summoned on 3/11/15 and addresses the logistics
of voir dire.
Mr. Bouwhuis addresses the testimony of a witness
and states that his testimony would need to be
consistent with his previous testimony.
COUNT 11:07
The Court addresses concerns regarding the most
recent Amended Information filed and states that the
Court may permit an information to be amended at any
time before trial has commenced so long as the
substantial rights of the defendant are not
prejudiced.
The Court states that later it received information
that the filing of the Amended Information was
stipulated, but the Court still has to look at
whether the defense has been compromised.
Mr. Bouwhuis indicates he has no recollection that
he agreed to the Amended Information and addresses
the Court.
The Court questions the inclusion of paragraph
(c)(iv) as listed in the Amended Information.
COUNT 11:17
Mr. Thomson, Mr. Shaw and Mr. Bouwhuis review the
several Informations filed at the judge's bench.
The Court addresses concerns regarding the change to
the charge caption.
COUNT 11:23
Mr. Thomson addresses the Court.
10-03-2026 07:13 PM Page 108 of
CASE NUMBER: 921900407 State Felony259
COUNT 11:30
Mr. Bouwhuis responds.
COUNT 11:34
Mr. Heward addresses the Court regarding the
statutory aggravating circumstances and non
statutory aggravating circumstances in relation to
the special verdict form.
COUNT 11:36
The Court addresses the special verdict form and the
issue of aggravating factors.
Mr. Thomson responds.
The Court questions whether it should make a
determination as to whether there is adequate
evidence to support those unproved crimes before
submitting the matter to the jurors in order for the
crimes to be considered aggravating factors.
Mr. Thomson responds.
The Court to consider the matter further.
Further pretrial conference set on 3/6/15 at 10:00
a.m.
Matters to be discussed at the pretrial conference
are the Amended Information, the Motion to Strike
and jury instructions.
PRETRIAL CONFERENCE.
Date: 03/06/2015
Time: 10:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
03-02-2015 595 Filed: Motion
Filed by: STATE OF UTAH
03-02-2015 596 **** SEALED **** Filed: State's Memorandum in Opposition
to Defendant's Motion in Limine to Exclude Jared Brigg's
Testimony or Continue Trial
03-02-2015 PRETRIAL CONFERENCE scheduled on March 06, 2015 at 10:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
03-02-2015 597 Filed: Return of Electronic Notification
03-03-2015 598 Filed: Motion and Supplemental Memorandum Outlining the
Independent Evidence of the Marital Privilege Exception
Filed by: STATE OF UTAH
03-03-2015 599 Filed: Return of Electronic Notification
03-03-2015 600 Filed: Jury Instructions (States Proposed Updated)
03-03-2015 601 Filed: Jury Instructions (States Proposed Alternative)
03-03-2015 602 Filed: Return of Electronic Notification
03-03-2015 603 Filed: Return of Electronic Notification
03-06-2015 Minute Entry - Minutes for PRETRIAL CONFERENCE
Judge: MICHAEL DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
10-03-2026 07:13 PM Page 109 of
CASE NUMBER: 921900407 State Felony259
Tape Number: 2D030615 Tape Count: 10:37-10:50
HEARING
The Court addresses the decorum order.
Counsel for the State Gary Heward requests the issue
of electronic media be reconsidered and presents
arguments.
Counsel for the defendant Michael Bouwhuis agrees
with the request made by the State.
The Court responds.
Mr. Heward and Mr. Bouwhuis address the Court.
COUNT 10:50
Court is in recess to allow the Court an opportunity
to address the issue of notice.
COUNT 11:15
Hearing resumes.
The Court addresses counsel regarding the request
regarding media coverage.
Mr. Heward responds.
COUNT 11:23
Court responds.
Counsel for the defendant Sean Young addresses the
Court.
COUNT 11:30
Mr. Bouwhuis states he will not be arguing the
Motion in Limine to Exclude Jared Brigg's testimony
in open court.
The Court directs counsel to properly communicate
with the Court.
COUNT 11:33
The Court issues a ruling and permits the Amended
Information to be filed.
COUNT 11:36
The Court addresses the issue regarding uncharged
conduct.
Mr. Bouwhuis submits.
Counsel for the State Jeffrey Thomson addresses the
Court.
COUNT 11:46
Off record bench conference held.
COUNT 11:53
Counsel discuss jury instructions.
Mr. Thomson to prepare the proposed jury
instruction.
The Court addresses the voir dire procedure.
Mr. Heward responds.
COUNT 11:59
Mr. Thomson to submit a proposed jury instruction
regarding reading of the transcripts.
Counsel stipulate regarding the admissibility of
certain exhibits.
State's exhibits 1-49, 56 and 57 are received.
Mr. Bouwhuis addresses their exhibits.
Jury Trial to begin 3/9/15 at 8:30 a.m.
03-06-2015 640 Filed order: Decorum Order
Judge MICHAEL D DIREDA
Signed March 06, 2015
03-06-2015 605 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed March 03, 2013
03-06-2015 606 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed February 24, 2015
03-06-2015 607 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
10-03-2026 07:13 PM Page 110 of
CASE NUMBER: 921900407 State Felony259
Signed February 18, 2015
03-06-2015 608 Filed: Amended Information
03-06-2015 609 Filed: Return of Electronic Notification
03-09-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D030915 Tape Count: 9:52-5:22
TRIAL
10-03-2026 07:13 PM Page 111 of
CASE NUMBER: 921900407 State Felony259
The Court makes a record regarding his discussion
with counsel made in chambers.
The Court expresses concerns regarding the Rule 11j
and the motions listed.
COUNT 9:57
Defense counsel Michael Bouwhuis responds.
COUNT 10:00
Counsel for the State Gary Heward responds.
Counsel to meet to allow the motions to be reviewed
individually.
The jurors initially scheduled to report this
morning at 8:30 a.m. are directed to report back on
3/10/15 at 1:30 p.m.
COUNT 10:16
Trial is in recess.
COUNT 1:18
Trial resumes.
The Court addresses the proposed plea and does not
allow the plea to enter.
COUNT 1:28
Mr. Thomson and Mr. Bouwhuis supplement the record.
Mr. Bouwhuis makes a record regarding the offer made
by the State and indicates the defendant does not
accept the offer.
COUNT 1:32
Mr. Thomson responds.
The Court makes a clarification regarding the type
of the proposed plea.
Mr. Bouwhuis and Mr. Thomson address the Court.
The defendant formally rejects the offer made by the
State.
COUNT 1:38
The Court makes a record regarding juror #67 being
excused.
COUNT 1:39
Trial is in recess.
COUNT 1:59
Trial resumes.
Jurors are present.
COUNT 2:03
Bench conference held with Mr. Bouwhuis and Mr.
Thomson.
Oath on voir dire given.
COUNT 2:07
Juror #43 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 2:28
Mr. Thomson moves for the juror to be stricken for
cause, Mr. Bouwhuis responds.
COUNT 2:31
The Court passes the juror for cause.
COUNT 2:32
Juror #44 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 2:47
Juror #44 is passed for cause.
COUNT 2:48
Juror #46 Is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 3:06
Juror #46 is passed for cause.
COUNT 3:07
Juror #47 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 3:21
Juror #47 is passed for cause.
COUNT 3:22
Mr. Heward objects to defense counsel's questions as
he argues they are leading.
Mr. Bouwhuis responds.
Court addresses the concerns.
COUNT 3:27
10-03-2026 07:13 PM Page 112 of
CASE NUMBER: 921900407 State Felony259
Juror #50 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 3:44
Juror #50 is passed for cause.
Counsel request that prior to interviewing the
jurors the Court explain the process of this cases
to the jurors.
COUNT 3:46
Juror #52 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 4:04
Mr. Heward passes the juror, Mr. Bouwhuis challenges
the juror for cause.
COUNT 4:06
Court strikes juror #52 for cause.
Mr. Heward responds.
Court makes a factual record regarding the juror
being stricken.
COUNT 4:10
Trial is in recess.
COUNT 4:20
Trial resumes.
Court addresses its previous ruling regarding juror
#52.
COUNT 4:26
Juror #53 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 4:27
Juror #53 is passed for cause.
COUNT 4:38
Juror #54 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 5:00
Juror #54 is passed for cause.
COUNT 5:02
Juror #55 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 5:16
Juror #55 is passed for cause.
Mr. Heward addresses the Court.
COUNT 5:22
Trial is in recess.
Trial to resume on 3/10/15 at 8:30 a.m.
03-09-2015 610 Filed: Jury Instructions (States Additional Proposed)
03-09-2015 611 Filed: Return of Electronic Notification
03-10-2015 Minute Entry - Minutes for Jury Trial
Judge: MICHAEL DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031015 Tape Count: 8:36-4:15
TRIAL
10-03-2026 07:13 PM Page 113 of
CASE NUMBER: 921900407 State Felony259
Oath on voir dire given.
Juror #2, #62 and #171 is excused.
COUNT 8:44
Juror #58 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 9:00
Mr. Shaw passes the juror for cause, Mr. Bouwhuis
challenges the juror for cause.
Mr. Shaw responds.
COUNT 9:03
The Court passes the juror for cause.
Juror #61 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 9:16
Bench conference held.
COUNT 9:17
Voir dire continues.
COUNT 9:29
Mr. Shaw challenges the juror for cause, Mr.
Bouwhuis passes the juror for case and addresses the
reasons.
COUNT 9:34
The Court strikes juror #61 for cause.
COUNT 9:37
Juror #63 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 9:51
Juror #63 is passed for cause.
COUNT 9:52
Juror #65 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 10:13
Counsel stipulates juror #65 can be removed for
cause.
The Court strikes juror #65 for cause.
COUNT 10:18
Juror #66 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 10:41
Mr. Thomson passes the juror for cause, Mr. Bouwhuis
requests the juror be stricken.
Mr. Thomson responds.
COUNT 10:51
The Court passes juror #66 for cause.
COUNT 10:52
Trial is in recess.
COUNT 11:08
Trial resumes.
Juror #67 and #12 are excused.
COUNT 11:10
Juror #70 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 11:22
Court passes juror #70 for cause.
COUNT 11:23
Juror #71 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 11:30
Counsel stipulate the juror can be stricken for
cause.
Court strikes juror #70 for cause
COUNT 11:32
Juror #74 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 11:36
Counsel stipulate that juror #74 can be stricken for
cause.
Court strikes juror #74 for cause.
Juror #77 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 11:52
Juror #77 is passed for cause.
10-03-2026 07:13 PM Page 114 of
CASE NUMBER: 921900407 State Felony259
COUNT 11:56
Counsel stipulate to jurors #98 and #177 being
excused.
Court excuses juror #98 and #177.
COUNT 12:00
Trial is in recess.
COUNT 1:37
Trial resumes.
COUNT 1:43
Oath on voir dire given.
Court addresses the jurors regarding additional
witnesses for the State and Defense counsel .
Jurors #9 and #20 address the Court.
Jurors #22, #25, #26, #27, #28, #31, #35, #36 and
#41 are directed to report back on 3/11/15 at 8:30
a.m.
The Court addresses the procedure of this case.
COUNT 1:53
Juror #3 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 2:08
Juror #3 is passed for cause.
COUNT 2:09
Juror #6 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 2:24
Juror #6 is passed for cause.
COUNT 2:25
Juror #8 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 2:35
Mr. Heward requests juror #8 be stricken for cause,
Mr. Bouwhuis passes the juror for cause.
The Court strikes juror #8 for cause.
COUNT 2:36
Juror #9 is interviewed by Mr. Shaw.
COUNT 2:41
Counsel stipulate that juror #9 be stricken for
cause.
Court strikes juror #9 for cause.
COUNT 2:42
Juror #11 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 3:00
Juror #11 is passed for cause.
COUNT 3:01
Juror #13 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 3:15
Juror #13 is passed for cause.
COUNT 3:16
Juror #16 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 3:34
Juror #16 is passed for cause.
COUNT 3:35
Juror #18 Kirk Ingram is interviewed by Mr. Thomson
and Mr. Bouwhuis.
COUNT 3:55
Mr. Bouwhuis challenges the juror for cause.
Mr. Thomson responds.
Mr. Bouwhuis supplements the record.
The Court passes juror #18 for cause.
COUNT 4:01
Juror #20 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 4:12
Juror #20 is passed for cause.
COUNT 4:14
Counsel stipulate juror #21 can be excused.
The Court excuses juror #21.
COUNT 4:15
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CASE NUMBER: 921900407 State Felony259
Trial is in recess.
Trial to resume 3/11/15 at 8:30 a.m.
03-10-2015 612 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed March 10, 2015
03-11-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031115 Tape Count: 8:37-4:44
TRIAL
10-03-2026 07:13 PM Page 116 of
CASE NUMBER: 921900407 State Felony259
Counsel for the State Gary Heward address counsel's
stipulation that juror #36 could be called out of
order and jurors being called out of order.
The Court makes a record regarding the management of
jurors.
Mr. Heward responds.
Mr. Bouwhuis addresses the jurors summoned to appear
this afternoon.
Counsel request that the jurors who are in
sequential order be called in to appear this
afternoon.
Count 8:51
Counsel stipulate juror #36 may be excused.
The Court strikes juror #36 for cause based on the
stipulation of counsel.
COUNT 8:57
Counsel stipulate that juror #22 may be excused.
The Court strikes juror #22 for cause based on the
stipulation of counsel.
COUNT 9:01
Juror #25 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 9:15
Juror #25 is passed for case.
COUNT 9:32
Juror #27 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 9:54
Juror #27 is passed for cause.
COUNT 9:55
Juror #28 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 10:11
Juror #28 is passed for cause.
COUNT 10:13
Juror #31 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 10:34
Juror #31 is passed for cause.
COUNT 10:35
Trial is in recess.
COUNT 11:06
Juror #35 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 11:09
Mr. Shaw makes a record regarding the reasons for a
stipulation to excuse the juror.
The Court strikes juror #35 based on the stipulation
of counsel.
COUNT 11:10
Juror #41 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 11:26
Juror #41 is passed for cause.
Defense counsel make a record regarding the
randomized list.
The defendant waives any objection to the jurors
being called out of order.
COUNT 1:31
Trial is in recess.
COUNT 1:45
Trial resumes.
Oath on voir dire given.
Juror #151 is interviewed by Mr. Thomson.
COUNT 2:04
Counsel stipulate that juror #151 may be excused for
cause.
Court strikes juror #151 for cause.
COUNT 2:06
Juror #152 is interviewed by Mr. Thomson.
COUNT 2:10
Counsel stipulate that juror #152 be excused for
10-03-2026 07:13 PM Page 117 of
CASE NUMBER: 921900407 State Felony259
cause.
Court strikes juror #152 for cause based on the
stipulation for counsel.
COUNT 2:11
Juror #153 is interviewed by Mr. Thomson.
COUNT 2:14
Mr. Thomson makes a record and requests juror #153
be stricken for cause.
Mr. Bouwhuis concurs with the request.
Court strikes juror #153 for cause.
COUNT 2:15
The Court makes a record regarding juror #160 and
#169 excused previously.
COUNT 2:18
Juror #154 is interviewed by Mr. Thomson.
COUNT 2:22
Counsel stipulate that juror #154 be stricken for
cause.
The Court strikes juror #154 for cause.
COUNT 2:23
Juror #155 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 2:37
Juror #155 is passed for cause.
COUNT 2:38
Juror #156 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 2:55
Juror #156 is passed for cause.
COUNT 2:56
Juror #157 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 3:10
Juror #157 is passed for cause.
COUNT 3:11
Juror #158 is interviewed by Mr. Heward.
Counsel stipulated that the juror may be excused for
cause.
The Court strikes juror #158 for cause.
COUNT 3:14
Trial is in recess.
COUNT 3:26
Trial resumes.
Court addresses concerns regarding juror #157.
The clerk contacts the juror and requests that he be
report back to the court for additional questions.
COUNT 3:31
Juror #159 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 3:42
Juror #159 is passed for cause.
COUNT 3:43
Juror #161 is interviewed by Mr. Shaw.
Counsel stipulate that juror #161 may be stricken
for cause.
The Court strikes juror #161 for cause.
COUNT 3:49
Juror #162 is interviewed by Mr. Shaw.
COUNT 3:59
Defense counsel Mr. Bouwhuis submits.
State moves to strike juror #162 for cause.
The Court strikes juror #162 for cause.
COUNT 4:00
Juror #157 is recalled.
The Court and Mr. Bouwhuis interview the juror.
Juror #157 remains passed for cause.
COUNT 4:08
Counsel stipulate that juror #163 may be excused for
cause.
The Court strikes juror #163 for cause.
COUNT 4:09
Juror #164 is interviewed by Mr. Thomson.
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CASE NUMBER: 921900407 State Felony259
COUNT 4:13
Counsel stipulate that juror #164 may be excused for
cause.
The Court strikes juror #164 for cause.
Juror #165 is interviewed by Mr. Thomson.
COUNT 4:16
Counsel stipulate that juror #165 may be stricken
for cause.
The Court strikes juror #165 for cause.
Juror #166 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 4:36
The Court passes juror #166 for cause.
COUNT 4:39
Those jurors that have been passed will be
instructed to report on 3/16/15 at 8:30 a.m.
Mr. Heward and Mr. Thomson stipulate that juror #167
may be excused.
COUNT 4:44
Trial is in recess.
Trial to resume on 3/13/15 at 8:30 a.m.
03-12-2015 613 Filed: Objection to Objection to Motion for Order for
State to Reimburse Witness Costs
03-12-2015 614 Filed: Return of Electronic Notification
03-12-2015 615 Filed: Request/Notice to Submit THE STATES SUPPLEMENTAL
MOTION MEMORANDUM OUTLINING THE INDEPENDENT EVIDENCE OF
THE MARITAL PRIVILEGE EXCEPTION
03-12-2015 616 Filed: Return of Electronic Notification
03-12-2015 617 Filed: Request to Inform/Instruct Jury
03-12-2015 618 Filed: Return of Electronic Notification
03-13-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: ALCOCK, WENDY
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031315 Tape Count: 8:43-5:53
TRIAL
10-03-2026 07:13 PM Page 119 of
CASE NUMBER: 921900407 State Felony259
The Court makes a record regarding jurors #142 and
#108 being excused.
The Court makes a record regarding current media
coverage and his direction that the law clerks
contact those jurors who have been passed for cause.
The Court reads the script that was read to the
jurors.
COUNT 8:51
Defense counsel Michael Bouwhuis supplements the
record.
COUNT 8:53
Trial is in recess.
COUNT 9:00
Trial resumes.
Jurors are present.
COUNT 9:04
Oath on voir dire given.
COUNT 9:09
Juror #78 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 9:33
Mr. Shaw challenges juror #78 for cause, Mr.
Bouwhuis concurs.
The Court strikes juror #78 for cause.
COUNT 9:34
Juror #79 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 9:54
Juror #79 is passed for cause.
COUNT 9:55
The Court indicates it will go off record to address
the jurors regarding those witnesses that were left
of the questionnaire.
Trial is in recess.
COUNT 10:00
The Court makes a record of the jurors who indicated
they knew a witness name read.
COUNT 10:01
Juror #82 is interviewed by Mr. Shaw.
COUNT 10:03
The Court strikes juror #82 for cause.
Juror #86 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 10:24
Mr. Thomson does not pass the juror for cause, Mr.
Bouwhuis passes the juror for cause.
Mr. Thomson makes a record of his objection, Mr.
Bouwhuis responds.
COUNT 10:29
The Court makes a record and strikes juror #86 for
cause.
COUNT 10:32
Juror #88 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 10:45
Juror #88 is passed for cause.
Trial is in recess.
COUNT 10:57
Trial resumes.
Juror #89 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 11:01
Counsel stipulate juror #89 may be excused.
The Court excuses juror #89.
COUNT 11:02
Juror #92 is interviewed by Mr. Thomson.
Mr. Thomson and Mr. Bouwhuis stipulate the juror may
be stricken.
The Court strikes juror #92 for cause.
COUNT 11:06
Juror #93 is interviewed by Mr. Heward and Mr.
Bouwhuis.
10-03-2026 07:13 PM Page 120 of
CASE NUMBER: 921900407 State Felony259
COUNT 11:27
Mr. Heward passes juror #93 for cause, Mr. Bouwhuis
does not pass the juror for cause.
Mr. Heward responds.
COUNT 11:29
The Court strikes juror #93 for cause.
COUNT 11:30
The Court excuses all other jurors except for #95,
#96, #99 and #148 to report back at 1:00 p.m.
COUNT 11:40
The Court excuses juror #148.
Juror #95 is interviewed by Mr. Heward.
COUNT 11:44
The Court strikes juror #95 for cause.
Juror #96 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 11:59
Juror #96 is passed for cause.
COUNT 12:00
Juror #99 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 12:17
Juror #99 is passed for cause.
COUNT 12:18
Trial is in recess.
COUNT 1:02
Trial resumes.
Juror #101 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 1:28
Juror #101 is passed for cause.
COUNT 1:29
The Court makes a record regarding juror #100 being
excused.
COUNT 1:30
Juror #103 is interviewed by Mr. Shaw and Mr.
Bouwhuis.
COUNT 1:46
Juror #103 is passed for cause.
COUNT 1:47
Juror #104 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 2:00
Juror #104 is passed for cause.
Juror #106 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 2:18
Juror #106 is passed for cause.
COUNT 2:19
Juror #109 is interviewed by Mr. Thomson and Mr.
Bouwhuis.
COUNT 2:34
Juror #109 is passed for cause.
COUNT 2:35
Trial is in recess.
COUNT 2:48
Trial resumes.
Juror #110 is interviewed by Mr. Heward.
Mr. Heward and Mr. Bouwhuis do not pass the juror
for cause.
The Court strikes juror #110 for cause.
COUNT 2:53
Juror #113 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 3:04
Mr. Heward passes the juror for cause. Mr. Bouwhuis
does not pass the juror for cause.
Mr. Heward responds.
Mr. Bouwhuis responds.
COUNT 3:08
Juror #113 is recalled for additional questions.
COUNT 3:11
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CASE NUMBER: 921900407 State Felony259
Mr. Bouwhuis and Mr. Heward address the Court.
COUNT 3:14
The Court makes comments and strikes juror #113 for
cause.
COUNT 3:15
Mr. Thomson and Mr. Bouwhuis address mitigating
evidence at the time of trial.
COUNT 3:16
Juror #115 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 3:25
Juror #115 is passed for cause.
COUNT 3:26
Juror #117 is interviewed by Mr. Heward and Mr.
Bouwhuis.
COUNT 3:39
Juror #117 is passed for cause.
COUNT 3:41
Court goes off record to thank and excuse the
remaining jurors.
COUNT 3:49
The Court reviews with counsel those jurors who have
been passed for cause as well as the seating
arrangements.
COUNT 4:02
The Court and counsel address jury instructions.
COUNT 4:07
Defense counsel addresses his recently filed request
for jury instruction.
The Court responds.
Mr. Thomson questions whether the court wants to
address the State's proposed instructions regarding
the passage of time.
The Court confirms it has included that instruction.
The Court states what issues it wishes to discuss
further.
Mr. Thomson addresses their instructions regarding
the reading of transcripts and the 404 B
instruction.
Mr. Shaw addresses the Court regarding instructions
regarding three witnesses specifically when to have
the instructions read and states the transcripts
have been appropriately redacted.
COUNT 4:23
Trial is in recess to allow the Court to review the
jury instructions.
COUNT 4:56
Trial resumes.
The Court addresses the jury instructions and states
that the instruction regarding the witnesses will be
supplemental instructions.
Mr. Thomson addresses the procedure for handling
that instruction.
COUNT 4:58
The Court addresses the 404 B Res Gestate issue.
Mr Bouwhuis addresses his position on the issue.
The Court to include an instruction on the issue.
Mr. Thomson addresses the issue.
COUNT 5:11
The Court responds.
COUNT 5:14
Mr. Bouwhuis responds to the Court's comments.
The Court reviews the jury instruction to be given
regarding the issue.
The Court states it will place the instruction in
the preliminary instructions.
COUNT 5:19
The Court states it is not inclined to reconsider
the ruling on the Motion to Suppress and allows the
ruling on that issue to stand.
COUNT 5:21
Mr. Thomson agrees that the flight portion language
10-03-2026 07:13 PM Page 122 of
CASE NUMBER: 921900407 State Felony259
may be removed.
COUNT 5:22
The Court to modify the elements instruction.
COUNT 5:23
The Court addresses defense counsel's proposed jury
instruction.
Defendant confirms that is the position he wishes to
take and is comfortable with defense counsel making
the concession.
COUNT 5:24
Defense counsel Mr. Bouwhuis presents arguments.
COUNT 5:27
The Court responds.
COUNT 5:32
Defense counsel addresses the Court.
The Court makes comments.
COUNT 5:41
The Court states it is not inclined to give that
instruction at this time, however if will consider
giving an instruction if counsel is able to reach an
agreement.
Mr. Thomson and Mr Heward respond.
COUNT 5:53
Trial is in recess.
Trial to resume 3/16/15 at 8:00 a.m.
03-13-2015 625 **** PRIVATE **** Filed: Preliminary Jury Lists
03-13-2015 619 Filed: Memorandum in OBJECTION TO DEFENDANTS REQUEST TO
HAVE JURY INFORMED OF FAILED PLEA ATTEMPT
03-13-2015 620 Filed: Return of Electronic Notification
03-16-2015 626 **** PRIVATE **** Filed: Final Jury List
03-16-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031615 Tape Count: 8:28-2:11
TRIAL
10-03-2026 07:13 PM Page 123 of
CASE NUMBER: 921900407 State Felony259
Defense counsel Michael Bouwhuis addresses having
the jurors sit in the order in which they were
interviewed.
Counsel for the State Christopher Shaw responds.
Court addresses counsel.
The juror order to remain as previously agreed.
COUNT 8:35
Trial is in recess to allow jurors to be seated.
COUNT 8:48
Trial resumes.
COUNT 8:51
The Court addresses the jurors and questions
regarding whether they have been exposed to the
media.
COUNT 8:56
The individual jurors are questioned outside of the
presence of the other jurors.
COUNT 9:11
Bench conference held.
Juror #70, #46 and #155 are passed for cause.
COUNT 9:13
All jurors are present.
COUNT 9:52
Bench conference held.
COUNT 9:53
Jury is selected & sworn.
COUNT 10:02
Trial is in recess.
COUNT 10:28
Trial resumes.
The Court addresses the 404 B instruction.
Mr. Shaw and Mr. Bouwhuis agree with the
instruction.
Supplemental instructions are to be numbered as they
become necessary.
Mr. Thomson addresses the stipulation regarding the
transcripts.
COUNT 10:34
Jurors are present.
Information is read.
Jury instructions are given.
COUNT 10:56
Counsel for the State Mr. Heward present opening
arguments.
COUNT 11:26
Defense counsel Mr. Bouwhuis present opening
arguments.
COUNT 11:34
State's witness 1, Kim Salazar is sworn and
testifies.
Mr. Thomson examines the witness.
COUNT 11:57
State's exhibit S58 is offered and received.
COUNT 12:08
Trial is in recess.
COUNT 1:06
Trial resumes.
Counsel provides the Court with exhibits S1-S49 and
S58.
COUNT 1:09
State's witness 2, Greg Roberts is sworn and
testifies.
Mr. Heward examines the witness.
COUNT 1:18
State's witness 3, William Holthaus is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 1:31
State's witness 4, Denise Jacobson is sworn.
Mrs. Jacobson to read the transcript as proxy for
Joyce Yost.
COUNT 1:32
10-03-2026 07:13 PM Page 124 of
CASE NUMBER: 921900407 State Felony259
Court reads supplemental jury instruction #19.
Mr. Thomson reads the transcript for the State.
Mr. Young reads the transcript for defense counsel.
COUNT 2:01
State's witness 5 Randy Salazar is sworn and
testifies.
Mr. Heward examines the witness.
COUNT 2:08
Mr. Shaw offers exhibit S60.
Defense counsel Mr. Bouwhuis does not object.
COUNT 2:10
Jurors are excused for the day.
Trial to resume 3/17/15 at 8:30 a.m.
03-17-2015 JURY TRIAL scheduled on March 17, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 18, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 Cancelled: JURY TRIAL scheduled on March 19, 2015 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-17-2015 JURY TRIAL scheduled on March 20, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 23, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 24, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 25, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 27, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 30, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on March 31, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 JURY TRIAL scheduled on April 01, 2015 at 08:30 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
03-17-2015 Cancelled: JURY TRIAL scheduled on March 19, 2015 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Clerk error
03-17-2015 Minute Entry - Minutes for Jury Trial
Judge: MICHAEL DIREDA
PRESENT
Reporter: ALCOCK, WENDY
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031615 Tape Count: 8:33-1:58
TRIAL
10-03-2026 07:13 PM Page 125 of
CASE NUMBER: 921900407 State Felony259
Bench conference held.
Counsel address the Order for Media Coverage and
request that it be amended to allow a witness to be
included in the order.
The Court amends the Request and Order for Media
Coverage.
The Court addresses exhibit S60 and states it has
not received the exhibit.
Counsel for the State Mr. Thomson withdraws exhibit
S60 and will not introduce the exhibit during the
trial phase.
COUNT 8:49
Jurors are present.
COUNT 8:50
State's witness 6, Brad Birch is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 8:55
State's exhibit S50 is offered and received.
COUNT 9:13
State's exhibit S51 is offered and received.
COUNT 9:15
Mr. Young cross-examines the witness.
COUNT 9:16
Mr. Shaw redirects.
COUNT 9:17
State's witness 7 Rhonda Buttars is sworn and
testifies.
Mr. Heward examines the witness.
COUNT 9:57
Mr. Bouwhuis indicates the witness will not be
examined until the sentencing phase.
COUNT 9:58
State's witness 8 Terry Carpenter is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 10:27
Jurors are excused.
Bench conference held.
COUNT 10:28
Trial is recess.
COUNT 10:46
Trial resumes.
Jurors are present.
COUNT 10:58
State's exhibit S56 is offered and received.
COUNT 11:24
State's exhibit S57 is offered and received.
COUNT 11:39
Mr. Bouwhuis reserves questions for the sentencing
phase.
COUNT 11:40
State's witness 9 Brian Schultz is sworn.
Mr. Schultz to read the transcript as proxy for Tom
Peters.
Supplemental jury instruction #20 is read.
Mr. Thomson reads the transcript for the State.
Mr. Young reads the transcript for defense counsel.
COUNT 11:59
State's witness 10 Darrin Parke is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 12:06
State's exhibit S53 and S55 is offered and received.
COUNT 12:11
Trial is in recess.
COUNT 12:35
Trial resumes.
COUNT 12:39
State's witness 11, Jennifer Gelston, is sworn and
testifies.
Mr. Thomson examines the witness.
10-03-2026 07:13 PM Page 126 of
CASE NUMBER: 921900407 State Felony259
COUNT 12:53
State's exhibit S54 and S52 are offered and
received.
COUNT 12:54
State's witness 12 Steve Zaccardi is sworn.
Mr. Zaccardi to read the transcript as proxy for
Douglas Lovell.
The Court reads supplemental jury instruction #21.
Mr. Heward reads the transcript for the State.
COUNT 1:41
Mr. Thomson confirms the exhibits received by the
Court, including exhibits S1-S49, which had been
admitted pursuant to the stipulation of counsel.
State's exhibit S61 is offered and received.
The State rests.
COUNT 1:42
Jurors are excused.
COUNT 1:43
Bench conference held.
COUNT 1:48
Trial is in recess.
COUNT 1:49
Trial resumes.
Mr. Bouwhuis indicates the defendant will not
testify at trial nor will any evidence be produced
for these proceedings.
Mr. Bouwhuis intends to rest.
The Court addresses the defendant and confirms his
counsel's representations to the Court.
The defendant waives his right to testify and
invokes his right to remain silent.
COUNT 1:53
Jurors are present.
Mr. Bouwhuis indicates the defense rests.
Jurors are excused and are directed to report back
on 3/18/15 at 9:00 a.m.
COUNT 1:58
Trial is in recess.
03-17-2015 621 Filed order: (Amended) Request and Order for Electronic
Media Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed March 17, 2015
03-18-2015 622 Filed: Opening Instructions to the Jury
03-18-2015 623 Filed: Verdict
03-18-2015 624 Filed: Special Finding Form
03-18-2015 Charge 1 Disposition is Guilty
03-18-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Prosecutor: GARY R HEWARD
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031815 Tape Count: 8:35-12:38
TRIAL
10-03-2026 07:13 PM Page 127 of
CASE NUMBER: 921900407 State Felony259
Court addresses the Jury Instructions, specifically
those included in the definitions section.
COUNT 8:39
Mr. Thomson responds.
Court reviews the definition under the 1988 code.
COUNT 8:43
Court reviews the remaining jury instructions.
COUNT 8:48
Court addresses counsel regarding Rule 47 and the
alternate jurors.
COUNT 8:50
Trial is in recess.
COUNT 9:30
Trial resumes.
Mr. Thomson addresses the alternate jurors.
Mr. Bouwhuis responds.
COUNT 9:36
Jurors are present.
COUNT 9:37
Jury instructions are read.
COUNT 10:05
Mr. Heward presents closing arguments.
COUNT 10:30
Mr. Bouwhuis presents closing arguments.
COUNT 10:34
The Court excuses the alternate jurors but states
their presence may be necessary for the penalty
phase should the defendant be found guilty.
COUNT 10:38
Oath is given to the bailiff.
Jury is sent for deliberations.
COUNT 12:16
Jury has reached a verdict.
The verdict is guilty.
Special Findings Form is read.
COUNT 12:20
Jurors are polled.
COUNT 12:32
Jurors are excused for the day and directed to
return on 3/20/15 at 9:00 a.m.
COUNT 12:36
Mr. Thomson addresses a jury instruction he is
intending on including in his opening statements.
The Court directs Mr. Thomson to provide a copy to
defense counsel and the Court so that is is clear
what will be addressed.
Trial is in recess.
03-20-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: GARY R HEWARD
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D032015 Tape Count: 8:35-2:29
TRIAL
10-03-2026 07:13 PM Page 128 of
CASE NUMBER: 921900407 State Felony259
Time set for the penalty phase of the trial.
Counsel review the closing instructions.
COUNT 8:39
Trial is in recess.
COUNT 8:49
Trial resumes.
Mr. Thomson and Mr. Bouwhuis address the
instructions.
COUNT 8:51
Mr. Thomson addresses his objections to a jury
instruction.
Court responds.
COUNT 9:04
Mr. Bouwhuis addresses the Court.
COUNT 9:05
The Court reviews the opening instructions with
counsel.
Mr. Thomson and Mr. Bouwhuis address the Court.
COUNT 9:14
Trial is in recess.
COUNT 9:33
Trial resumes.
COUNT 9:37
Jury Instructions are read.
COUNT 9:42
Mr. Thomson presents opening arguments.
COUNT 10:40
Mr. Bouwhuis presents opening arguments.
COUNT 11:15
Trial is in recess.
COUNT 11:38
Trial resumes.
COUNT 11:41
State's witness 1, Greg Roberts is sworn and
testifies.
Mr. Heward examines the witness.
COUNT 12:02
State's witness 2, Kim Salazar is sworn and
testifies.
Mr. Thomson examines the witness.
COUNT 12:09
State's witness 3, Melanie Salazar is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 12:12
State's witness 4, Melissa Salazar is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 12:17
State's witness 5, Kim Holden is sworn and
testifies.
Mr. Heward examines the witness.
COUNT 12:18
State's exhibit S68 is offered and received.
COUNT 12:28
State's exhibit S69 is offered and received.
COUNT 12:55
Mr. Bouwhuis cross-examines the witness.
COUNT 1:00
Mr. Heward redirects.
COUNT 1:01
State's exhibit S64 is offered and received.
COUNT 1:02
State's exhibit S62 is offered and received.
COUNT 1:03
State's exhibit S63 and S65 are offered and
received.
COUNT 1:04
State's exhibit S60 and S67 are offered and
received.
COUNT 1:06
Trial is in recess.
10-03-2026 07:13 PM Page 129 of
CASE NUMBER: 921900407 State Felony259
COUNT 1:22
Trial resumes.
COUNT 1:24
State's witness 6, William Holthaus is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 1:55
Mr. Young cross-examines the witness.
COUNT 1:56
Mr. Shaw redirects.
COUNT 1:57
State's witness 7, Brian Schultz is sworn.
Mr. Schultz to read a transcript as proxy for Tom
Peters.
Mr. Thomson reads the transcript for the State.
Mr. Young reads the transcript for defense counsel.
COUNT 2:06
State's witness 8, Terry Carpenter is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 2:10
State's exhibit S99 is offered and received.
COUNT 2:22
State's exhibits S83 through S93 are offered and
received.
COUNT 2:23
Jurors are excused for the day.
Trial to resume Monday 3/23/15 at 8:30 a.m.
COUNT 2:24
Bench conference held.
COUNT 2:29
Trial is in recess.
03-23-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: ALCOCK, WENDY
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D032315 Tape Count: 8:38-2:46
TRIAL
10-03-2026 07:13 PM Page 130 of
CASE NUMBER: 921900407 State Felony259
COUNT 8:42
State's witness 8, Terry Carpenter is sworn and
testifies.
Mr. Shaw examines the witness.
COUNT 8:43
State's exhibit S72 and S73 are offered and
received.
COUNT 9:03
State's exhibits S74 - S80 are offered and received.
COUNT 9:04
Mr. Bouwhuis cross-examines the witness.
COUNT 9:07
State's exhibits S100, S94, S95 and S96 are offered
and received.
COUNT 9:08
State's witness 9, Steve Zaccardi is sworn.
Mr. Zaccardi reads the transcript as proxy for
Douglas Lovell.
Mr. Heward reads the transcript for the State.
COUNT 9:18
State's witness 10, Shane Minor is sworn and
testifies.
Mr. Thomson examines the witness.
COUNT 9:27
State's exhibit S97 is offered and received.
COUNT 9:30
State's exhibit S98 is offered and received.
COUNT 9:33
Mr. Bouwhuis cross-examines the witness.
COUNT 9:39
Mr. Thomson redirects.
Mr. Bouwhuis re-crosses.
COUNT 9:41
Jurors are excused.
COUNT 9:42
Trial is in recess.
COUNT 9:57
Trial resumes.
COUNT 10:17
State's exhibit S66 is offered and received.
COUNT 10:18
Trial is in recess.
COUNT 10:49
Trial resumes.
Bench conference held.
COUNT 11:10
Jurors are present.
COUNT 11:11
State's witness 10, Shane Minor is recalled.
COUNT 11:17
The State rests.
COUNT 11:18
Defense witness 1, John Newton is sworn and
testifies.
Mr. Young examines the witness.
COUNT 11:21
The defendant allows the witnesses to discuss
privileged religious conversations.
COUNT 11:39
Mr. Thomson cross-examines the witness.
COUNT 12:07
Bench conference held.
COUNT 12:10
Cross-examination continues.
COUNT 12:11
Mr. Young redirects.
COUNT 12:16
Trial is in recess.
COUNT 12:31
Trial resumes.
COUNT 12:34
Jurors are present.
10-03-2026 07:13 PM Page 131 of
CASE NUMBER: 921900407 State Felony259
Defense witness 2, Gary Webster is sworn and
testifies.
Mr. Young examines the witness.
COUNT 12:48
Mr. Shaw cross-examines the witness.
COUNT 12:54
Defense witness 3, Charles Thompson is sworn and
testifies.
Mr. Young examines the witness.
COUNT 1:01
Mr. Shaw cross-examines the witness.
COUNT 1:03
Mr. Young redirects.
COUNT 1:07
Trial is in recess.
COUNT 1:28
Mr. Bouwhuis addresses the unavailability of the
witness Colleen Bartell.
Mr. Heward addresses the terms of the stipulation.
COUNT 1:31
Mr. Young addresses the unavailability of the
witness Brian Peterson.
Mr. Heward requests a better record be made
regarding the efforts to locate the witness.
The Court addresses the rule.
Mr. Young and Mr. Heward respond.
COUNT 1:37
Court allows defense counsel to do more follow-up
but does not enter a finding at this time that the
witness is unavailability.
COUNT 1:42
Defense witness 4 Robert Brunson is sworn.
Supplemental jury instruction read.
Mr. Brunson reads the transcript as proxy for Monan
Lovell.
COUNT 2:03
Bench conference held.
Court enters a finding that the witness Brian
Peterson is unavailable.
COUNT 2:05
Supplemental jury instruction read.
Defense witness 5, Michelle Waite is sworn.
Mrs. Waite reads the transcript as proxy for Colleen
Bartell.
COUNT 2:44
Jurors are excused.
COUNT 2:45
Court is in recess.
The Court clarifies the correct date of the hearing
as listed on the supplemental jury instruction #9.
COUNT 2:46
Trial is in recess.
03-24-2015 628 Filed: Order (Proposed) Order Denying Defendants Motion
to Reimburse Witness Costs
03-24-2015 627 Filed: Request/Notice to Submit Request to Submit for
Decision
03-24-2015 629 Filed: Return of Electronic Notification
03-24-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
10-03-2026 07:13 PM Page 132 of
CASE NUMBER: 921900407 State Felony259
Clerk: zoilab
Audio
Tape Number: 2D032415 Tape Count: 8:38-2:43
TRIAL
COUNT 8:40
Defense witness 6, Becky Douglas is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 9:06
Trial is in recess.
COUNT 9:09
Trial resumes.
COUNT 9:12
Bench conference held.
COUNT 9:17
Examination of the witness continues.
COUNT 9:31
Mr. Thomson cross-examines the witness.
COUNT 9:47
Mr. Bouwhuis redirects.
COUNT 9:48
Mr. Thomson re-crosses.
COUNT 9:49
Trial is in recess.
COUNT 10:05
Trial resumes.
COUNT 10:07
Defense witness 7, Mark Cunningham is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 11:07
Trial is in recess.
COUNT 11:21
Trial resumes.
COUNT 11:42
Bench conference held.
COUNT 11:46
Mr. Shaw voir dires the witness.
COUNT 11:53
Bench conference held.
COUNT 11:54
Mr. Bouwhuis continues with examination of the
witness.
COUNT 12:21
Trial is in recess.
COUNT 12:54
Trial resumes.
The Court makes a record regarding a juror being
excused.
Mr. Bouwhuis continues his examination of the
witness.
COUNT 2:26
Jurors are excused.
Bench conference held.
COUNT 2:43
Trial is in recess.
03-25-2015 630 Filed: Trial Brief on Carter, Lafferty, Evidence of
Uncharged Rape
03-25-2015 631 Filed: Return of Electronic Notification
03-25-2015 632 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed March 25, 2015
03-25-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: ALCOCK, WENDY
10-03-2026 07:13 PM Page 133 of
CASE NUMBER: 921900407 State Felony259
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D032515 Tape Count: 8:33-2:39
TRIAL
Mr. Shaw addresses the Court regarding a stipulation
as to defense witness Dr. Cunningham's powerpoint
and it not being introduced as evidence.
Mr. Cunningham addresses the Court requesting some
clarification.
COUNT 8:43
Mr. Bouwhuis continues his examination of Dr.
Cunningham.
COUNT 9:35
Trial is in recess.
COUNT 9:50
Trial resumes.
Mr. Bouwhuis continues his examination of Dr.
Cunningham.
COUNT 10:52
Jurors are excused.
Mr. Shaw requests the exclusionary rule be invoked.
Court reviews the rule.
COUNT 10:58
Trial is in recess.
COUNT 11:06
Trial resumes.
Mr. Shaw addresses their request.
Mr. Bouwhuis responds.
The Court allows the witness to be excluded.
COUNT 11:12
Trial is in recess.
COUNT 11:27
Trial resumes.
Mr. Shaw cross-examines the witness.
COUNT 12:46
Trial is in recess.
COUNT 1:07
Trial resumes.
COUNT 1:15
State's exhibit S101 is offered and received.
COUNT 1:19
State's exhibit S102 is offered and received.
COUNT 1:30
Bench conference held.
COUNT 1:31
Mr. Shaw resumes his cross-examination of the
witness.
COUNT 1:35
Bench Conference held.
COUNT 1:36
Mr. Shaw resumes his cross-examination of the
witness.
COUNT 2:11
Mr. Bouwhuis redirects.
COUNT 2:36
Mr. Shaw re-crosses.
COUNT 2:37
Jurors are excused.
COUNT 2:39
Trial is in recess.
03-27-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
10-03-2026 07:13 PM Page 134 of
CASE NUMBER: 921900407 State Felony259
PRESENT
Reporter: HARMON, KATIE
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Agency: Adult Probation and Parole
Clerk: zoilab
Audio
Tape Number: 2D032715 Tape Count: 8:34-2:59
TRIAL
10-03-2026 07:13 PM Page 135 of
CASE NUMBER: 921900407 State Felony259
COUNT 8:37
Defendant witness 8, Dr. Vickie Gregory, is sworn
and testifies.
Mr. Bouwhuis examines the witness.
COUNT 9:04
Mr. Shaw cross-examines the witness.
COUNT 9:24
Bench conference held.
COUNT 9:28
Mr. Shaw continues cross-examination of the witness.
COUNT 9:37
Bench conference held.
COUNT 9:38
Mr. Bouwhuis redirects.
COUNT 9:39
Defense witness 9, Sgt. Randy Patton is sworn and
testifies.
Mr. Young examines the witness.
COUNT 9:45
Mr. Heward cross-examines the witness.
COUNT 9:49
Mr. Young redirects.
COUNT 9:50
Defense witness 10, Holly Neville, is sworn and
testifies.
Mr. Young examines the witness.
COUNT 9:55
Mr. Heward cross-examines the witness.
COUNT 9:57
Mr. Young redirects.
COUNT 9:58
Mr. Heward re-crosses.
COUNT 9:59
Exclusionary rule invoked.
Defense witness 11, Terry Carpenter is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 10:25
Bench conference held.
COUNT 10:28
Mr. Bouwhuis continues his examination.
COUNT 10:48
Trial is in recess.
COUNT 11:07
Trial resumes.
Bench conference held.
COUNT 11:21
Trial is in recess.
COUNT 11:42
Trial resumes.
Bench conference held.
COUNT 11:49
Counsel address the supplemental jury instruction to
be read prior to cross examination of the witness.
COUNT 11:57
Supplemental jury instruction read.
COUNT 11:59
Mr. Shaw cross-examines the witness.
COUNT 12:47
Mr. Bouwhuis redirects.
COUNT 12:54
Mr. Shaw re-crosses.
COUNT 12:56
Mr. Bouwhuis redirects.
COUNT 12:58
Jurors are excused.
Counsel address the Court.
COUNT 1:08
Trial is in recess.
COUNT 1:27
Trial resumes.
Jurors are present.
10-03-2026 07:13 PM Page 136 of
CASE NUMBER: 921900407 State Felony259
COUNT 1:31
Defense witness 12, Tom Griffin is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 2:26
Mr. Heward cross-examines the witness.
COUNT 2:34
Mr. Bouwhuis redirects.
COUNT 2:37
Defense witness 13, Jamie Pitt is sworn.
Supplemental jury instruction read.
Mrs. Pitt to read the transcript as proxy for Helen
Wright.
Mr. Bouwhuis reads the transcript as defense
counsel.
Mr. Thomson reads the transcript for the State.
COUNT 2:59
Jurors are excused.
Trial is in recess.
03-30-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: ALCOCK, WENDY
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D033015 Tape Count: 8:43-4:22
TRIAL
10-03-2026 07:13 PM Page 137 of
CASE NUMBER: 921900407 State Felony259
COUNT 8:45
Defense witness 14, Robert Brunson is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 8:52
Defense witness 15, Dr. David Stoner is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 9:38
Mr. Heward cross-examines the witness.
COUNT 9:50
Mr. Bouwhuis redirects.
COUNT 9:53
Defense witness 16, Rhonda Buttars is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 10:26
Trial is in recess.
COUNT 10:38
Trial resumes.
Examination of the witness continues.
COUNT 10:49
Trial is in recess.
COUNT 10:55
Trial resumes.
Examination of the witness continues.
COUNT 11:09
Mr. Heward cross-examines the witness.
COUNT 11:13
Mr. Bouwhuis redirects.
COUNT 11:15
Mr. Heward re-crosses.
COUNT 11:16
Mr. Bouwhuis redirects.
COUNT 11:18
Defense witness 14 is recalled to read a transcript
as proxy for Brian Peterson.
Supplemental jury instruction is read.
Mr. Young reads the transcript for defense counsel.
Mr. Thomson reads the transcript for the State.
COUNT 11:32
Defense witness 17, Ken Tucker is sworn and
testifies.
Mr. Young examines the witness.
COUNT 11:35
Mr. Thomson cross-examines the witness.
COUNT 11:42
Trial is in recess.
COUNT 12:32
Trial resumes.
COUNT 12:35
Defense witness 18, Michelle Waite is sworn and
reads the exhibits D1 tab G58, G59, G60, G61, G62
and G63, letters submitted in the defendant's
behalf.
COUNT 1:05
Jurors are excused.
Trial is in recess.
COUNT 1:25
Trial resumes.
Mr. Shaw indicates they stipulate to the exhibit D1
tab G65, a 7/9/14 letter, but object to the other
exhibits recently provided to the State.
COUNT 1:27
Mr. Bouwhuis responds.
COUNT 1:30
The Court addresses counsel.
Mr. Bouwhuis and Mr. Shaw respond.
COUNT 1:46
The Court issues findings and determines the letters
were submitted untimely and thus violative of Rule
16.
10-03-2026 07:13 PM Page 138 of
CASE NUMBER: 921900407 State Felony259
The Court denies defense exhibit D1 tab G66.
COUNT 1:54
Court addresses the admissibility of Mr. Briggs
testimony.
Mr. Bouwhuis addresses the Court.
COUNT 1:56
Mr. Heward responds.
COUNT 1:59
The Court issues findings and allows Mr. Briggs to
testify.
The Court denies defense's Motion to Exclude the
testimony and continue the trial.
COUNT 2:06
Defense exhibits D1 tabs G66-G74 are offered and
denied.
COUNT 2:09
Trial is in recess.
COUNT 2:24
Trial resumes.
The Court addresses the issue of allocution.
COUNT 2:27
The defendant indicates he will not be testifying.
COUNT 2:32
Defense counsel offers their exhibit binder (D1)
tabs A, B, C, D, G, H, I, J and K.
The Court receives all of the exhibits under those
tabs.
COUNT 2:34
Defense rests.
State's rebuttal witness Jared Briggs is sworn and
testifies.
COUNT 2:50
Mr. Bouwhuis cross-examines the witness.
COUNT 3:12
Mr. Heward redirects.
COUNT 3:13
Bench conference held.
COUNT 3:18
Jurors are excused.
COUNT 3:20
Trial is in recess.
COUNT 3:23
Trial resumes.
The court reporter reads the record.
The Court overrules the objection made.
COUNT 3:26
Bench conference held.
COUNT 3:28
Mr. Heward continues redirect.
COUNT 3:29
State's rebuttal witness Carl Jacobson is sworn and
testifies.
Mr. Heward examines the witness.
COUNT 3:58
Mr. Young cross-examines the witness.
COUNT 4:07
Defense witness 19, Ralph Menzies is sworn and
testifies.
Mr. Bouwhuis examines the witness.
COUNT 4:17
Mr. Heward cross-examines the witness.
COUNT 4:19
Defense exhibit L111 and L112 is offered and
received.
COUNT 4:20
Jurors are excused.
Court to email the proposed closing jury
instructions to counsel.
COUNT 4:22
Trial is in recess.
03-31-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
10-03-2026 07:13 PM Page 139 of
CASE NUMBER: 921900407 State Felony259
PRESENT
Reporter: HARMON, KATIE
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D031315 Tape Count: 8:31-9:21
TRIAL
10-03-2026 07:13 PM Page 140 of
CASE NUMBER: 921900407 State Felony259
Counsel review the jury instructions.
Mr. Thomson addresses his objections.
Mr. Bouwhuis responds.
COUNT 8:45
Court overrules the objection.
COUNT 8:46
Mr. Thomson addresses his objections.
Mr. Bouwhuis responds.
COUNT 9:06
Court overrules the objection.
Counsel discuss polling the jurors.
COUNT 9:25
Trial is in recess.
COUNT 9:32
Trial resumes.
Court speaks to the defendant regarding his right to
allocute.
COUNT 9:34
Trial is in recess.
COUNT 10:18
Trial resumes.
COUNT 10:21
Jury instructions read.
COUNT 10:42
Bench conference held.
COUNT 10:57
Mr. Shaw presents closing arguments.
COUNT 11:11
Bench conference held.
COUNT 11:15
The jurors are excused.
COUNT 11:23
Jurors are present.
Mr. Shaw continues with his closing arguments.
COUNT 12:20
Trial is in recess.
COUNT 12:27
Trial resumes.
COUNT 12:31
Mr. Bouwhuis presents closing arguments.
COUNT 2:13
Trial is in recess.
COUNT 2:33
Trial resumes.
The Court makes a record, the defendant will not be
making a statement.
COUNT 2:36
Mr. Shaw presents closing rebuttal.
COUNT 2:44
Oath is given to the bailiffs.
COUNT 2:45
Alternate juror is excused.
COUNT 2:46
Jury is sent for deliberations.
COUNT 4:43
Counsel are present and address the question from
the jury.
COUNT 4:50
Deliberations continue.
COUNT 6:44
Telephone conference held with Mr. Shaw, Mr.
Thomson, Mr. Bouwhuis and Mr. Young.
COUNT 6:46
Telephone conference is concluded.
COUNT 9:14
The Court addresses counsel regarding adjourning for
the day.
COUNT 9:15
Trial is in recess.
COUNT 9:17
Trial resumes.
The Court makes a record regarding it's discussion
10-03-2026 07:13 PM Page 141 of
CASE NUMBER: 921900407 State Felony259
with the jurors.
Deliberations to resume on 4/1/15 at 9:00 a.m.
04-01-2015 633 Filed order: Order Denying Defendants Motion to
Reimburse Witness Costs
Judge MICHAEL D DIREDA
Signed April 01, 2015
04-01-2015 634 Filed: Return of Electronic Notification
04-01-2015 635 Filed order: Judgment, Sentence, and Commitment
Judge MICHAEL D DIREDA
Signed April 01, 2015
04-01-2015 636 Issued: Warrant of Execution
Judge MICHAEL D DIREDA
04-01-2015 637 Filed order: Delivery of Warrant of Execution
Judge MICHAEL D DIREDA
Signed April 01, 2015
04-01-2015 638 Filed order: Order Staying Execution
Judge MICHAEL D DIREDA
Signed April 01, 2015
04-01-2015 Minute Entry - Minutes for JURY TRIAL
Judge: MICHAEL DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Defendant Present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: zoilab
Audio
Tape Number: 2D040115 Tape Count: 1:49-2:05
TRIAL
The Court reads the special verdict forms.
Jurors are polled.
COUNT 1:59
Sentencing form on count 1 is read.
The jurors have unanimously rendered a sentencing
decision for death.
Jurors are polled.
COUNT 2:02
The Court signs the Judgment, Warrant of Execution,
Delivery of Warrant of Execution and Order Staying
Execution in open court.
Execution stayed pending an automatic review.
COUNT 2:05
Court is in recess.
** Off record: State's exhibits S50, S51, S52, S53,
S54 and S55 are released into the State's custody.
**
SENTENCE PRISON
Based on the defendant's conviction of AGGRAVATED
MURDER a Capital, the defendant is sentenced to
death.
10-03-2026 07:13 PM Page 142 of
CASE NUMBER: 921900407 State Felony259
COMMITMENT is to begin immediately. The court will
accept payment tendered on the date of sentencing
for any amount the defendant owes arising from this
order. The court hereby transfers responsibility for
collection of any remaining balance of the criminal
accounts receivable to the Office of State Debt
Collection.
To the WEBER County Sheriff: The defendant is
remanded to your custody for transportation to the
Utah State Prison where the defendant will be
confined.
04-02-2015 639 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed April 01, 2015
04-02-2015 641 Filed order: Jury Instructions: Penalty Phase Opening
Judge MICHAEL D DIREDA
Signed March 31, 2015
04-02-2015 642 Filed: Special Verdict Form I
04-02-2015 643 Filed: Special Verdict Form II
04-02-2015 644 Filed: Special Verdict Form III
04-02-2015 645 Filed: Special Verdict Form IV
04-02-2015 646 Filed: Special Verdict Form V
04-02-2015 647 Filed: Special Verdict Form VI
04-02-2015 648 Filed: Special Verdict Form VII
04-02-2015 649 Filed: Count I: Sentencing Form
04-07-2015 650 Filed order: Statement of Conviction and Judgment of
Death
Judge MICHAEL D DIREDA
Signed April 07, 2015
04-08-2015 651 Filed order: Order Protecting Juror Privacy
Judge MICHAEL D DIREDA
Signed April 08, 2015
04-08-2015 652 Filed: (Unsigned) Statement of Defendant in Support of
Guilty Plea and Certificate of Counsel
04-08-2015 653 Filed return: Return of Service (Findings of Fact)
Party Served: Lori Turner c/o USP
Service Type: Personal
Service Date: April 03, 2015
Garnishee:
04-10-2015 654 Filed: Motion for New Trial
Filed by: STATE OF UTAH
04-10-2015 656 Filed: Exhibit List Exhibit A
04-10-2015 655 Filed: Memorandum New Trial Memorandum
04-10-2015 657 Filed: Return of Electronic Notification
04-14-2015 658 Filed order: Minutes Jury Trial (4/1/15)
Judge MICHAEL D DIREDA
Signed April 13, 2015
04-14-2015 659 Filed: Exhibit Tracking Record
04-17-2015 Note: Copy of 3/31/15 hearing made and mailed interoffice to WCAO
04-17-2015 660 Filed: Return to Sender, Forwarding Address - Order
Protecting Juror Privacy - remailed to Michael Bouwhuis
04-20-2015 661 Filed: Memorandum in Opposition to Defendants Motion for
a New Trial
04-20-2015 662 Filed: Return of Electronic Notification
04-23-2015 663 Filed: Appearance of Counsel/Notice of Limited
10-03-2026 07:13 PM Page 143 of
CASE NUMBER: 921900407 State Felony259
Appearance
04-23-2015 664 Filed: Return of Electronic Notification
04-27-2015 Fee Account created Total Due: 10.00
04-27-2015 AUDIO TAPE COPY Payment Received: 10.00
04-29-2015 Note: Copy of part if 3/31/15 hearing- as requested- made for Gage
Arnold, called and placed in basket.
05-04-2015 665 Filed: Request/Notice to Submit for Decision Defendants
Motion for a New Trial
05-04-2015 666 Filed: Return of Electronic Notification
05-04-2015 667 Filed: Motion Mo for Leave to File Amended Motion
Filed by: STATE OF UTAH
05-04-2015 668 Filed: Return of Electronic Notification
05-04-2015 669 Filed: Memorandum in Opposition to Defendants Motion for
Leave to Amend Motion for New Trial
05-04-2015 670 Filed: Return of Electronic Notification
05-04-2015 671 Filed: certificate of filing of sworn statement
05-04-2015 672 Filed: Sworn Statement of Sean Young
05-04-2015 673 Filed: Return of Electronic Notification
05-13-2015 Note: As per MDD: Motion for Leave to File Amended Motion to be
noticed for decision prior to review of (unamended) Motion for New
Trial of which a NTS was filed on 5/4/15.
05-14-2015 674 Filed: Request/Notice to Submit for Decision the
Defendants Motion for Leave to File an Amended Motion
for a New Trial
05-14-2015 675 Filed: Return of Electronic Notification
05-15-2015 Note: NTS on Motion for Leave to File Amended Motion for New Trial
to MDD
06-23-2015 Note: Copy of 3/25/2015 hearing was made for Katie (WCAO) and mailed
inter-office.
07-09-2015 676 Filed order: Memorandum Decision and Order on
Defendant's Post-Trial Motions
Judge MICHAEL D DIREDA
Signed July 06, 2015
07-29-2015 677 Filed order: Order
Judge MICHAEL D DIREDA
Signed July 29, 2015
08-03-2015 678 Filed: Motion for Preparation of Transcripts
Filed by: DOUGLAS A LOVELL
08-03-2015 679 Filed: Certificate
08-03-2015 680 Filed: Designation of the Record
08-03-2015 681 Filed: Notice of Appeal - Criminal (not Interlocutory)
08-03-2015 682 Filed: Order (Proposed)
08-03-2015 683 Filed: Return of Electronic Notification
08-03-2015 Note: Emailed a copy of the Notice of Appeal to Lisa Collins with
the UT Court of Appeals.
08-03-2015 Note: Order (Preparation of Transcripts) to MDD
08-04-2015 684 Filed order: Order
Judge MICHAEL D DIREDA
Signed August 04, 2015
08-04-2015 685 Filed: Return of Electronic Notification
08-04-2015 686 Filed: Letter from Supreme Court to Samuel Newton
08-04-2015 687 Filed: Motion for preparation of transcripts filed with
Utah Appellate Court
08-06-2015 Note: Copy of Order for Preparation of Transcripts emailed to Lisa
Collins
09-16-2015 688 Filed: TRANSCRIPT for Hearing of 07-20-2011
10-03-2026 07:13 PM Page 144 of
CASE NUMBER: 921900407 State Felony259
09-16-2015 689 Filed: TRANSCRIPT for Hearing of 08-15-2011
09-16-2015 690 Filed: TRANSCRIPT for Hearing of 01-29-2013
09-16-2015 691 Filed: TRANSCRIPT for Hearing of 06-13-2013
09-16-2015 692 Filed: TRANSCRIPT for Hearing of 08-01-2013
09-16-2015 693 Filed: TRANSCRIPT for Hearing of 11-20-2013
09-16-2015 694 Filed: TRANSCRIPT for Hearing of 01-12-2012
09-16-2015 695 Filed: TRANSCRIPT for Hearing of 02-15-2013
09-16-2015 696 Filed: TRANSCRIPT for Hearing of 12-03-2013
09-16-2015 697 Filed: TRANSCRIPT for Hearing of 03-02-2015
09-16-2015 698 Filed: TRANSCRIPT for Hearing of 03-06-2015
09-16-2015 699 Filed: TRANSCRIPT for Hearing of 03-09-2015
09-16-2015 700 Filed: TRANSCRIPT for Hearing of 03-11-2015
09-16-2015 701 Filed: TRANSCRIPT for Hearing of 03-18-2015
09-21-2015 702 Filed: TRANSCRIPT for Hearing of 11-10-2011
09-21-2015 703 Filed: TRANSCRIPT for Hearing of 12-20-2012
09-21-2015 704 Filed: TRANSCRIPT for Hearing of 12-19-2013
09-21-2015 705 Filed: TRANSCRIPT for Hearing of 01-30-2014
09-21-2015 706 Filed: TRANSCRIPT for Hearing of 02-07-2014
09-21-2015 707 Filed: TRANSCRIPT for Hearing of 03-10-2014
09-21-2015 708 Filed: TRANSCRIPT for Hearing of 05-22-2014
09-21-2015 709 Filed: TRANSCRIPT for Hearing of 03-10-2015
09-21-2015 710 Filed: TRANSCRIPT for Hearing of 03-20-2015
09-21-2015 711 Filed: TRANSCRIPT for Hearing of 03-24-2015
09-21-2015 712 Filed: TRANSCRIPT for Hearing of 02-19-2015
09-21-2015 713 Filed: TRANSCRIPT for Hearing of 04-01-2015
09-21-2015 714 Filed: TRANSCRIPT for Hearing of 01-23-2014
09-21-2015 715 Filed: TRANSCRIPT for Hearing of 03-13-2015
09-21-2015 716 Filed: TRANSCRIPT for Hearing of 03-17-2015
09-21-2015 717 Filed: TRANSCRIPT for Hearing of 03-23-2015
09-21-2015 718 Filed: TRANSCRIPT for Hearing of 03-25-2015
09-21-2015 719 Filed: TRANSCRIPT for Hearing of 03-30-2015
09-23-2015 720 Filed: TRANSCRIPT for Hearing of 03-31-2015
09-23-2015 721 Filed: TRANSCRIPT for Hearing of 03-27-2015
09-23-2015 722 Filed: TRANSCRIPT for Hearing of 03-16-2015
09-23-2015 723 Filed: TRANSCRIPT for Hearing of 02-17-2015
09-23-2015 724 Filed: TRANSCRIPT for Hearing of 01-28-2015
09-23-2015 725 Filed: TRANSCRIPT for Hearing of 12-04-2014
09-23-2015 726 Filed: TRANSCRIPT for Hearing of 10-16-2014
09-23-2015 727 Filed: TRANSCRIPT for Hearing of 08-26-2014
09-23-2015 728 Filed: TRANSCRIPT for Hearing of 08-11-2014
09-23-2015 729 Filed: TRANSCRIPT for Hearing of 07-31-2014
09-23-2015 730 Filed: TRANSCRIPT for Hearing of 07-01-2014
09-23-2015 731 Filed: TRANSCRIPT for Hearing of 06-24-2014
09-23-2015 732 Filed: TRANSCRIPT for Hearing of 05-01-2014
09-23-2015 733 Filed: TRANSCRIPT for Hearing of 12-18-2013
09-23-2015 734 Filed: TRANSCRIPT for Hearing of 01-17-2013
09-23-2015 735 Filed: TRANSCRIPT for Hearing of 03-05-2014
09-23-2015 736 Filed: TRANSCRIPT for Hearing of 06-24-2014
10-26-2015 737 Filed: Order (Supreme Court) - temporary remand
10-26-2015 738 Filed: Motion to withdraw motion to compel trial counsel
to provide file to appellate counsel and motion for
temporary remand (filed at Supreme Court)
10-03-2026 07:13 PM Page 145 of
CASE NUMBER: 921900407 State Felony259
Filed by: NEWTON, SAMUEL P
10-29-2015 739 Filed: Motion to Compel Prior Counsel to Provide File to
Appellate Counsel
Filed by: DOUGLAS A LOVELL
10-29-2015 740 Filed: Return of Electronic Notification
11-02-2015 741 Filed: TRANSCRIPT for Hearing of 04-19-2013
11-23-2015 742 Filed: Request/Notice to Submit
11-23-2015 743 Filed: Return of Electronic Notification
11-25-2015 Note: NTS (Motion to Compel) to MDD
12-04-2015 HEARING ON MOTION TO COMPEL scheduled on January 13,
2016 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
12-04-2015 NOTICE for Case 921900407 ID 17099591
Judge: MICHAEL DIREDA
HEARING ON MOTION TO COMPEL is scheduled.
Date: 01/13/2016
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
12-04-2015 744 Filed: Notice for Case 921900407 ID 17099591
01-13-2016 Minute Entry - HEARING ON MOTION TO COMPEL
Judge: MICHAEL DIREDA
PRESENT
Reporter: JESSICA CROXFORD
Prosecutor: SHAW, CHRISTOPHER L
Defendant Present
Defendant's Attorney(s): SEAN YOUNG
Defendant's Attorney(s): SAMUEL P NEWTON
Clerk: zoilab
Audio
Tape Number: 2D011316 Tape Count: 9:01-9:10
HEARING
Defendant is present in the custody of the Utah
State Prison.
The Court addresses the remand order from the
Supreme Court and states it has reviewed the Motion
to Compel.
No opposition to the motion has been filed.
Mr. Newton and Mr. Young address the Court.
The Court questions Mr. Young as to why the case
file has not been turned over to appellate counsel
Mr. Newton.
Mr. Young responds.
Mr. Newton indicates he would request the entire
case file.
The Court orders Mr. Young to turn over his entire
case file to Mr. Newton by 1/22/16.
Mr. Newton to prepare the order.
01-15-2016 745 Filed: Order (Proposed) for Trial Counsel to Provide
File to Appellate Counsel
01-15-2016 746 Filed: Return of Electronic Notification
01-25-2016 Note: Order for Trial Counsel to Provide File to Appellate Counsel
to MDD for review.
01-26-2016 747 Filed order: Order for Trial Counsel to Provide File to
Appellate Counsel
10-03-2026 07:13 PM Page 146 of
CASE NUMBER: 921900407 State Felony259
Judge MICHAEL D DIREDA
Signed January 26, 2016
01-26-2016 748 Filed: Return of Electronic Notification
03-09-2016 Note: Exhibit tracking extended due to appeal.
03-21-2016 Note: Appealed: Case #20150632
04-29-2016 Note: Exhibits S1-58,60-69,72-80,83-102 and D1 Tabs A-D, G-K, L111,
L112 given to Jamie Trujillo to send to COA.
04-29-2016 Note: Record sent electronically to the Supreme Court. Two boxes of
transcripts (89 transcripts ), and one box of exhibits (1 manila
envlope, 1 white windowed envelop, and three binders) Sent to the
Supreme Court via interoffice mail: Tracking 555001801
04-29-2016 Note: 84, 55500180185, 55500180186.
04-29-2016 1142 Filed: Clerk's Certificate
04-29-2016 1144 Filed: Certificate of Mailing
05-25-2016 Note: All files have been scanned. Physical files destroyed.
06-29-2016 Note: Exhibit tracking extended due to exhibits being sent to
Supreme Court.
03-06-2017 1145 Filed: Order (Supreme Court)
03-14-2017 TELEPHONE CONFERENCE scheduled on April 10, 2017 at
11:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-14-2017 1146 Filed: Notice for Case 921900407 ID 18110877
03-14-2017 1147 Filed: Appearance of Counsel/Notice of Limited
Appearance
03-14-2017 1148 Filed: Appearance of Counsel/Notice of Limited
Appearance
03-14-2017 1149 Filed: Return of Electronic Notification
03-14-2017 1150 Filed: Return of Electronic Notification
03-20-2017 1151 **** SEALED **** Filed: Ex Parte Motion for Payment of
Attorney Fees and Litigation Expenses
03-31-2017 1152 **** SEALED **** Filed: Memorandum in Opposition to Ex
Parte Motion for Payment of Attorney Fees and
Litigations Expenses
03-31-2017 1153 Filed: Weber County's Motion to Intervene
Filed by: STATE OF UTAH
04-06-2017 1154 Filed: Objection to and Motion to Quash States Subpoenas
04-06-2017 1155 Filed: Return of Electronic Notification
04-10-2017 1156 Filed: Order to Produce
04-10-2017 Cancelled: EVIDENTIARY HEARING scheduled on September
25, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
04-10-2017 Cancelled: EVIDENTIARY HEARING scheduled on September
26, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
04-10-2017 Cancelled: EVIDENTIARY HEARING scheduled on September
27, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
04-10-2017 Cancelled: EVIDENTIARY HEARING scheduled on September
29, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
04-10-2017 Cancelled: EVIDENTIARY HEARING scheduled on October 02,
2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
04-10-2017 Cancelled: EVIDENTIARY HEARING scheduled on October 03,
2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
04-10-2017 Minute Entry - TELEPHONE CONFEREENCE
Judge: MICHAEL D DIREDA
PRESENT
10-03-2026 07:13 PM Page 147 of
CASE NUMBER: 921900407 State Felony259
Prosecutor: MARK C FIELD
Prosecutor: GARY R HEWARD
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: JEFFREY G THOMSON
Prosecutor: AARON G MURPHY
Defendant not present
Defendant's Attorney(s): MICHAEL D BOUWHUIS
Defendant's Attorney(s): SEAN YOUNG
Clerk: juanaq
Audio
Tape Number: 2D041017 Tape Count: 1110-1155
HEARING
Time set for a telephone conference.
A hearing is scheduled for September 25, September
26, September 27, September 29, October 2 and
October 3, 2017 at 9:00 a.m.
Counsel shall provide any discovery or exhibits by
August 25, 2017.
Any motions shall be filed by April 28, 2017.
Counsel will then follow Rule 7.
Mr. Newton's motion for payment is denied at this
time.
Mr. Newton shall contact the clerk to schedule a
telephone conference with the civil attorney's from
the Weber County Attorney's office.
Clerk is directed to notify the Utah State Prison to
make arrangements for the defendant's
transportation.
04-17-2017 1157 **** SEALED **** Filed: Reply to Memorandum in
Opposition to Ex Parte Motion for Payment of Attorney
Fees and Litigation Expenses
04-26-2017 1158 **** SEALED **** Filed: Motion for Order Regarding
Waiver of Attorney-Client Privilege and Work Product
Protection
04-26-2017 1159 Filed: Return of Electronic Notification
05-01-2017 1160 **** SEALED **** Filed: Reply to Memorandum in
Opposition to Ex Parte Motion for Payment of Attorney
Fees and Limitation Expenses
05-04-2017 1161 **** SEALED **** Filed: Request for Hearing on
Defendants Ex Parte Motion for Payment of Attorney Fees
and Expenses
05-04-2017 1162 Filed: Return of Electronic Notification
05-11-2017 1163 Filed: Motion for an Extension
Filed by: DOUGLAS A LOVELL
05-11-2017 1164 Filed: Return of Electronic Notification
05-16-2017 Cancelled: MOTION FOR ATTORNEYS FEES scheduled on June
16, 2017 at 09:30 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
05-16-2017 1165 Filed: Notice for Case 921900407 FS: Judge MICHAEL D
DIREDA
05-19-2017 1166 **** SEALED **** Filed: Memorandum in Response for Order
Regarding Waiver of Attorney-Client Privilege and Work
Product Protection
05-19-2017 1167 Filed: Return of Electronic Notification
05-24-2017 Cancelled: MOTION FOR ATTORNEYS FEES scheduled on June
16, 2017 at 09:30 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Court Ordered
05-24-2017 TELEPHONE CONFERENCE scheduled on May 24, 2017 at 03:30
PM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
05-24-2017 1168 **** SEALED **** Filed order: Ruling and Order on
10-03-2026 07:13 PM Page 148 of
CASE NUMBER: 921900407 State Felony259
Defendant's Ex Parte Motion for Payment of Attorney Fees
and Limitation Expenses
05-24-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: ALLRED, CHRISTOPHER F
The defendant is not in custody
Defendant not present
Defendant's Attorney(s): NEWTON, SAMUEL P
Clerk: juanaq
Tape Number: 2D052417 Tape Count: 330-345
HEARING
Time set for a telephone conference.
In the courts review of this case, the court finds
the State has not complied with Rule 8D.
Court discusses this with counsel.
Mr. Allred informs the court his office will prepare
the necessary paperwork for the courts signature by
Friday, May 26, 2017.
05-25-2017 1169 **** SEALED **** Filed: Reply in Support of Motion for
Order Regarding Waiver of Attorney-Client Privilege and
Work Product Protection
05-25-2017 1170 **** SEALED **** Filed: Motion to Seal Addendum A to the
States Reply in Support of Motion for Order Regarding
Waiver of Attorney-Client Privilege and Work Product
Protection
05-25-2017 1171 **** SEALED **** Filed: Notice of Conventional Filing
05-25-2017 1172 Filed: Return of Electronic Notification
05-25-2017 1173 Filed: Return of Electronic Notification
05-25-2017 1174 Filed: Return of Electronic Notification
05-25-2017 1175 Filed: Affidavit/Declaration Affidavit of Samuel P.
Newton
05-25-2017 1176 Filed: Order (Proposed) Findings of Fact and Order Appt
Defense Nunc Pro Tunc
05-25-2017 1177 Filed: Return of Electronic Notification
05-26-2017 1180 **** SEALED **** Filed: Notice of Conventional Filing
05-26-2017 1181 **** SEALED **** Filed: Reply In Support of Motion or
Order Regarding Waiver of Attorney-Client Privilege and
Work Product Protection
05-26-2017 Note: Order to MDD
05-30-2017 1178 Filed order: Order Findings of Fact and Order Appt
Defense Nunc Pro Tunc
Judge MICHAEL D DIREDA
Signed May 30, 2017
05-30-2017 1179 Filed: Return of Electronic Notification
05-31-2017 1182 Filed: Request/Notice to Submit
05-31-2017 1183 Filed: Return of Electronic Notification
06-08-2017 1184 Filed order: Ruling on State's Motion for Order
Regarding Waiver of Attorney-Client Privilege and Work
Product Protection and Scheduling Order
Judge MICHAEL D DIREDA
Signed June 08, 2017
06-09-2017 1185 Filed: Motion to Withdraw
Filed by: DOUGLAS A LOVELL
06-09-2017 1186 Filed: Return of Electronic Notification
06-12-2017 TELEPHONE CONFERENCE scheduled on June 14, 2017 at 09:30
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
06-12-2017 1187 Filed: Letter to Counsel/Judge from Supreme Court
10-03-2026 07:13 PM Page 149 of
CASE NUMBER: 921900407 State Felony259
06-12-2017 1188 Filed: States Response to Motion to Withdraw
06-12-2017 1189 Filed: Return of Electronic Notification
06-13-2017 1190 Filed: Notice of Good Cause to Delay Hearing on 23B
Remand
06-13-2017 1191 Filed order: Order to Produce
Judge MICHAEL D DIREDA
Signed June 13, 2017
06-13-2017 1192 Filed: Weber Countys Response to Motion to Withdraw
06-13-2017 1193 Filed: Return of Electronic Notification
06-14-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Prosecutor: CHRISTOPHER L SHAW
Prosecutor: ANDREW F PETERSON
Prosecutor: BRYAN R BARON
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): SAMUEL P NEWTON
Defendant's Attorney(s): RANDALL W RICHARDS
Clerk: juanaq
Tape Number: 2D061417 Tape Count: 951-1021
HEARING
Time set for a telephone conference.
All parties are present by telephone except for Mr.
Richards who is present in the courtroom.
The court addresses Mr. Newton's motion to withdraw
as counsel.
The court finds the motion should be filed before
the Supreme Court as the case is still before them.
Mr. Newton informs the court he may withdraw the
Motion to Withdraw. He will speak with counsel and
discuss the motion further.
Mr. Fields reports his office may file a motion also
to have Mr. Newton removed from the case.
Mr. Baron's Motion to Intervene has not been
addressed by this court as a Notice to Submit has
not been filed.
Hearing dates are left as scheduled.
06-22-2017 1194 Filed: Request/Notice to Submit
06-22-2017 1195 Filed: Return of Electronic Notification
06-23-2017 Note: NTS to MDD
06-23-2017 1196 Filed: Objection to Objection to Subpoena
06-23-2017 1197 Filed: Return of Electronic Notification
07-07-2017 1198 Filed: Statement of Discovery Issues
07-07-2017 1199 Filed: Order (Proposed) Memorandum Decision and Order
Compelling Discovery
07-07-2017 1200 Filed: Return of Electronic Notification
07-12-2017 TELEPHONE CONFERENCE scheduled on July 13, 2017 at 03:30
PM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
07-13-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
10-03-2026 07:13 PM Page 150 of
CASE NUMBER: 921900407 State Felony259
Defendant not present
Defendant's Attorney(s): SAMUEL P NEWTON
Clerk: juanaq
Audio
Tape Number: 2D071317 Tape Count: 339-357
HEARING
A telephone conference is held with counsel
regarding the Order Compelling Discovery.
Mr. Field informs the court he did not think the
court would review the Order as a Notice to Submit
was not filed.
After some discussion, counsel stipulates to put all
matters on stay until Mr. Newton's motion to
withdraw is granted.
07-27-2017 1201 Filed: Other - Not Signed Order (Proposed) Memorandum
Decision and Order Compelling Discovery
07-27-2017 Note: The Statement of Discovery Issues has been stayed pending the
outcome of Mr. Newton's Motion to Withdraw that is presently before
the Utah Supreme Court.
07-27-2017 1202 Filed: Return of Electronic Notification
08-01-2017 1203 Filed: Order (Supreme Court)
08-02-2017 1204 Filed: Motion to Inquire into Defense Counsels Potential
Conflict of Interest
Filed by: STATE OF UTAH
08-02-2017 1205 Filed: Return of Electronic Notification
08-02-2017 TELEPHONE CONFERENCE scheduled on August 21, 2017 at
09:15 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
08-02-2017 1206 Filed: Notice for Case 921900407 FS: Judge MICHAEL D
DIREDA
08-08-2017 1207 Filed: Memorandum in Response to Motion to Inquire into
Defense Counsels Potential Conflict of Interest and
Motion to Inquire into Attorney General and Weber
Countys Potential Conflict of Interest
08-08-2017 1208 Filed: Return of Electronic Notification
08-15-2017 1209 Filed: Reply Memorandum in Support of Motion to Inquire
into Defense Counsels Potential Conflict of Interest
08-15-2017 1210 Filed: Return of Electronic Notification
08-21-2017 RULING scheduled on August 29, 2017 at 09:00 AM in 2nd
Floor Southwest with Judge MICHAEL D DIREDA
08-21-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): SAMUEL P NEWTON
Clerk: juanaq
Audio
Tape Number: 2D08212017 Tape Count: 929-1006
HEARING
Court hears from counsel.
Mr. Newton's Motion to Withdraw has not been
addressed.
Matter is continued to August 29,2 017 at 9:00 a.m.
Clerk is directed to have the defendant produced.
Court will then enter a ruling as to this motion.
RULING is scheduled.
10-03-2026 07:13 PM Page 151 of
CASE NUMBER: 921900407 State Felony259
Date: 08/29/2017
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
08-25-2017 Fee Account created Total Due: 20.00
08-28-2017 Fee Account created Total Due: 20.00
08-29-2017 1211 Filed: Letter from Defendant
08-29-2017 Minute Entry - RULING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): SAMUEL P NEWTON
Clerk: juanaq
Audio
Tape Number: 2D082917 Tape Count: 949-1054
HEARING
Matter is before the court for a decision on Mr.
Newton's motion to withdraw as counsel.
Counsel has met with the court in chambers.
Mr. Newton makes a record of the issues which were
discussed in chambers.
The court directs the state to return the USB
disk/flash drive to Ms. Sandlebarris and not accept
any of Mr. Young's materials until the court rules
on the waiver issues which have been raised.
The flash drive is also to be preserved as received.
Mr. Lovell files a pro se motion for the court to
involve itself in the contract between Mr. Newton
and the Weber County Attorney's Office. The court
denies the motion.
The court finds good cause and grants Mr. Newton to
withdraw as counsel.
A telephone conference is scheduled for September
20, 2017 at 9:00 a.m.
Mr. Lovell is to be included in the telephone
conference.
The court will prepare an Order directing the Weber
County Attorney's Office to find new counsel within
the next 20 days.
08-29-2017 1212 Filed: Letter from Defendant
08-29-2017 1213 Filed: Order to Sheriff/USP
08-29-2017 1214 Filed order: Order Authorizing Withdrawal of Appellate
Counsel and Directing Weber County Attorney to Assign
New Counsel Pursuant to Utah Code Ann 77-32-302
Judge MICHAEL D DIREDA
Signed August 29, 2017
08-31-2017 Fee Account created Total Due: 10.00
08-31-2017 AUDIO TAPE COPY Payment Received: 10.00
09-01-2017 Note: Copy of 8/29/2017 hearing was made for Nadia Pflaum, e-mailed
and placed in the basket for pick up.
09-01-2017 Fee Account created Total Due: 20.00
10-03-2026 07:13 PM Page 152 of
CASE NUMBER: 921900407 State Felony259
09-01-2017 VIDEO TAPE COPY Payment Received: 20.00
09-01-2017 Note: Audio request placed in basket to be completed.
09-01-2017 Fee Account created Total Due: 5.00
09-01-2017 AUDIO TAPE COPY Account Adjustment Total Due: 0.00
Reason: Duplicate payment set up
09-01-2017 COPY FEE Account Adjustment Total Due: 0.00
Reason: Duplicate payment set up
09-01-2017 TELEPHONE/FAX/EMAIL Account Adjustment Total Due: 0.00
Reason: Set up by accident.
09-01-2017 Cancelled: TELEPHONE CONFERENCE scheduled on September
20, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
09-05-2017 Modified: TELEPHONE CONFERENCE scheduled on September
20, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
09-05-2017 TELEPHONE CONFERENCE scheduled on September 20, 2017 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
09-05-2017 1215 Filed: Notice for Case 921900407 FS: Judge MICHAEL D
DIREDA
09-06-2017 Note: Talked to Peter Schofield's paralegal and they would like an
audio CD for 3/23/2015 hearing to be made and mail to their office
in Lehi. We will refund the difference of $7.39
09-06-2017 Note: Copy of 3/23/2015 hearing was made for Peter Schofield and
mailed.
09-06-2017 Note: Hearing is to long to be emailed. CD will be mailed instead,
$7.39 to be credited back to Peter Schofield.
09-07-2017 Fee Account created Total Due: 3.00
09-07-2017 Fee Account created Total Due: 10.00
09-07-2017 Fee Account created Total Due: 10.00
09-07-2017 POSTAGE-COPIES Account Adjustment Total Due: 0.00
Reason: Clerk accidentally selected postage for a copy
of a hearing when the patron wants it e-mailed to them.
09-07-2017 AUDIO TAPE COPY Account Adjustment Total Due: 10.00
09-07-2017 AUDIO TAPE COPY Account Adjustment Total Due: 0.00
Reason: Clerk created two accounts in error. Patron is
paying account through the court website so the account
has to be set up with the defendant's name.
09-07-2017 AUDIO TAPE COPY Payment Received: 10.00
09-07-2017 Note: Copy of 8/29/2017 hearing was made for Jessica Miller, called
and placed in the basket for pick up.
09-08-2017 Note: Recalled Civil Bench Warrant LOVELL, DOUGLAS A
09-08-2017 Note: DEF Address changed from
09-08-2017 Note: DEF Address changed to INMATE NUMBER 114679 PO BOX 250 DRAPER
UT 84020
09-08-2017 Note: Recalled Civil Bench Warrant LOVELL, DOUGLAS A
09-13-2017 VIDEO TAPE COPY Credit Received: Payment Reversal: -
20.00
Note: Hearing is too long to be emailed; it will be
mailed. $7.39 was refunded to Peter Schofield's VISA
09-13-2017 VIDEO TAPE COPY Account Adjustment Total Due: 12.61
Reason: CD to be mailed rather than picked up ($2.31
postage) plus only one CD fee should have been charged.
09-13-2017 VIDEO TAPE COPY Payment Received: 12.61
09-20-2017 Cancelled: EVIDENTIARY HEARING scheduled on September
25, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Court Ordered
10-03-2026 07:13 PM Page 153 of
CASE NUMBER: 921900407 State Felony259
09-20-2017 Cancelled: scheduled on at with
09-20-2017 Cancelled: EVIDENTIARY HEARING scheduled on September
27, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Court Ordered
09-20-2017 Cancelled: scheduled on at with
09-20-2017 Cancelled: scheduled on at with
09-20-2017 Cancelled: EVIDENTIARY HEARING scheduled on October 03,
2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Court Ordered
09-20-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Prosecutor: BRYAN R BARON
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant self represented
Clerk: juanaq
Audio
Tape Number: 2D092017 Tape Count: 915-949
HEARING
Matter is scheduled before the court for a telephone
conference.
The defendant is present by telephone.
Mr. Baron reports he has prepared and expects to
sign a contract with Colleen Coebergh (Bar #8052) to
represent Mr. Lovell.
If the contract is signed, the court requests Ms.
Coebergh file an affidavit regarding her qualifies
by Friday, September 29, 2017.
If everything proceeds as expected, the court will
schedule a telephone conference for Monday, October
30, 2017 at 9:00 a.m.
A copy of the affidavit will also be mailed to Mr.
Lovell.
The court strikes the pending hearing.
TELEPHONE CONFERENCE.
Date: 10/30/2017
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
09-20-2017 1216 Filed order: TELEPHONE CONFERENCE
Judge MICHAEL D DIREDA
Signed September 20, 2017
09-21-2017 Cancelled: TELEPHONE CONFERENCE scheduled on October 02,
2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
09-21-2017 Cancelled: scheduled on at with
09-21-2017 Cancelled: TELEPHONE CONFERENCE scheduled on November
02, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
10-03-2026 07:13 PM Page 154 of
CASE NUMBER: 921900407 State Felony259
09-29-2017 1217 Filed: Affidavit/Declaration Affidavit of Colleen
Coebergh
09-29-2017 1218 Filed: Order (Proposed) Findings of Fact and Order
appointing Colleen Coebergh as Defense Counsel
09-29-2017 1219 Filed: Return of Electronic Notification
09-29-2017 1220 Filed: Return of Electronic Notification
10-02-2017 Rescheduled: TELEPHONE CONFERENCE rescheduled to October
02, 2017 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
10-02-2017 1221 Filed order: Order Findings of Fact and Order appointing
Colleen Coebergh as Defense Counsel
Judge MICHAEL D DIREDA
Signed October 02, 2017
10-02-2017 1222 Filed: Return of Electronic Notification
10-02-2017 TELEPHONE CONFERENCE scheduled on November 08, 2017 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
10-02-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Prosecutor: BRYAN R BARON
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D100217 Tape Count: 929-931
HEARING
Matter is before the court for a telephone
conference.
Ms. Coeburgh filed an Affidavit regarding her
qualifications.
The court has reviewed the affidavit and appoints
Ms. Coeburgh as counsel for Mr. Lovell.
The court recommends Ms. Coeburgh communicate with
Mr. Lovell promptly so he is aware counsel has been
appointed for him.
Case is continued for a telephone conference on
November 8, 2017 at 9:00 am to possibly schedule
hearing dates.
TELEPHONE CONFERENCE.
Date: 11/08/2017
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
11-08-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
10-03-2026 07:13 PM Page 155 of
CASE NUMBER: 921900407 State Felony259
Defendant not present
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D110817 Tape Count: 913-945
HEARING
Matter is before the court for a status conference.
Ms. Coebergh reports she has received all of Mr.
Newton's files except for one box. As there are
voluminous documents, Ms. Coebergh reports she has
not been able to go through all the boxes.
Court discusses case further with counsel.
A hearing is scheduled for April 9, April 10, April
11, April 13, April 16, April 17, April 18, April
23, April 24, April 25 and April 27, 2018 at 9:00
AM.
A telephone conference is also scheduled on November
22, 2017 at 10:00 AM. The primary purpose of the
telephone conference is to focus on the privilege
issue.
HEARING.
Date: 04/09/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
The reason for the change is Clerk error
11-13-2017 TELEPHONE CONFERENCE scheduled on November 22, 2017 at
10:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 09, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 10, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 11, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 13, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 16, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 17, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 18, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: HEARING scheduled on April 23, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-13-2017 Cancelled: LAW AND MOTION scheduled on April 25, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
11-13-2017 Cancelled: LAW AND MOTION scheduled on April 27, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
11-13-2017 Note: HEARING calendar modified.
11-22-2017 1223 Filed: Appearance of Counsel/Notice of Limited
Appearance: Appearance of Appellate Counsel
11-22-2017 1224 Filed: Return of Electronic Notification
11-22-2017 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 156 of
CASE NUMBER: 921900407 State Felony259
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D112217 Tape Count: 1009-1029
HEARING
Matter is before the court for a telephone
conference.
Ms. Coebergh reports she has not been able to review
all the files.
Court discusses case further with counsel.
A telephone conference is scheduled for January 12,
2017 at 8:30 AM to access Ms. Coebergh's progress
and to develop a plan as how to proceed on the
privilege issue.
TELEPHONE CONFERENCE is scheduled.
Date: 01/12/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
Second District Court
2525 Grant Avenue
Ogden, UT 84401
11-27-2017 TELEPHONE CONFERENCE scheduled on January 12, 2018 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
01-08-2018 1225 Filed: Motion: Ex Parte Motion for Telephonic
Appearance of Defendant/Appellant
Filed by: DOUGLAS A LOVELL
01-08-2018 1226 Filed: Order (Proposed) Granting Ex Parte Motion for
Telephonic Appearance
01-08-2018 1227 Filed: Return of Electronic Notification
01-08-2018 1228 Filed: States Response to Motion for Telephonic
Appearance of Defendant/Appellant
01-08-2018 1229 Filed: Return of Electronic Notification
01-08-2018 1230 Filed: Request to Produce for Telephone Conference
01-08-2018 Note: Order to MDD
01-08-2018 1231 Filed: Amended Request to Produce
01-09-2018 1232 Filed order: Order Granting Ex Parte Motion for
Telephonic Appearance
Judge MICHAEL D DIREDA
Signed January 09, 2018
01-09-2018 1233 Filed: Return of Electronic Notification
01-12-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
10-03-2026 07:13 PM Page 157 of
CASE NUMBER: 921900407 State Felony259
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: tresak
Audio
Tape Number: 2D011218 Tape Count: 836-902
HEARING
This is time set for telephone conference to
determine the status of the case.
Attorney Coebergh addresses the court.
Attorney Murphy addresses the court.
The state will provide any discovery requests,
responses and objections received after the June 8,
2018 ruling to Attorney Coebergh via email within
one week.
The court schedules the matter to February 27, 2018
at 9:00 a.m. for a hearing on the scope of the
waiver of the attorney-client privilege and work
product issue.
The dates scheduled in April will remain.
A transport order will need to be completed for the
defendant to appear.
HEARING is scheduled.
Date: 02/27/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
01-12-2018 Cancelled: HEARING scheduled on February 27, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
02-12-2018 Rescheduled: HEARING rescheduled to February 27, 2018 at
01:30 PM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
02-27-2018 Minute Entry - HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: YOUNG, BRAD
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COEBERGH, COLLEEN K
Clerk: juanaq
Audio
Tape Number: 2D022718 Tape Count: 130-356
HEARING
10-03-2026 07:13 PM Page 158 of
CASE NUMBER: 921900407 State Felony259
Matter is before the court for a hearing.
Counsel argues attorney/client privilege and a
protective order.
131 Mr. Murphy's argument.
213 Ms. Coebergh's argument.
312 Decision.
Ms. Coebergh will prepare the courts order regarding
the protective order.
The hearing dates scheduled for April are stricken.
Hearing is rescheduled.
A telephone conference will be held on April 9, 2018
at 9:00 AM. Clerk is directed to make arrangements
to have the defendant appear by telephone.
HEARING is scheduled.
Date: 07/31/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING is scheduled.
Date: 08/01/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/03/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/06/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/07/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-03-2026 07:13 PM Page 159 of
CASE NUMBER: 921900407 State Felony259
HEARING.
Date: 08/08/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/14/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/15/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/17/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/20/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 08/21/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
02-27-2018 1234 Filed: Order to Sheriff
02-28-2018 Cancelled: scheduled on at with
02-28-2018 TELEPHONE CONFERENCE scheduled on April 09, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
10-03-2026 07:13 PM Page 160 of
CASE NUMBER: 921900407 State Felony259
DIREDA
02-28-2018 Cancelled: HEARING scheduled on July 30, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on July 31, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 01, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 03, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 06, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 07, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 08, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 14, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 15, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 17, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 20, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: HEARING scheduled on August 21, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-28-2018 Cancelled: LAW AND MOTION scheduled on April 25, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Court Ordered
02-28-2018 Cancelled: LAW AND MOTION scheduled on April 27, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Court Ordered
03-02-2018 1235 Filed order: Request to Produce
Judge MICHAEL D DIREDA
Signed March 01, 2018
03-16-2018 1236 Filed: Objection to Defendants Proposed Order Regarding
Document Production Procedures
03-16-2018 1237 Filed: Return of Electronic Notification
03-20-2018 Note: Copy of 2/27/2018 hearing was made for Mark C. Field and
mailed.
04-09-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D040918 Tape Count: 845-948
HEARING
10-03-2026 07:13 PM Page 161 of
CASE NUMBER: 921900407 State Felony259
Matter is before the court for a telephone
conference.
Court hears from counsel.
A continued telephone conference is scheduled for
May 9, 2018 at 8:45 AM.
TELEPHONE CONFERENCE is scheduled.
Date: 05/09/2018
Time: 08:45 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
04-10-2018 TELEPHONE CONFERENCE scheduled on May 09, 2018 at 08:45
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
04-16-2018 1238 Filed: Reply to States Objection to order
04-16-2018 1239 Filed: Return of Electronic Notification
04-17-2018 1240 Filed order: Memorandum Decision and Order Compelling
Discovery
Judge MICHAEL D DIREDA
Signed April 17, 2018
04-17-2018 1241 Filed: Motion t Clarify/Stay Memorandum Decision Order
Filed by: DOUGLAS A LOVELL
04-17-2018 1242 Filed: Return of Electronic Notification
04-17-2018 1243 Filed: Opposition to Defendants Motion to Stay/Clarify
Memorandum Decision and Order
04-17-2018 1244 Filed: Return of Electronic Notification
04-24-2018 1245 Filed order: Order Regarding Waiver of Attorney/Client
Privilege and Work Product
Judge MICHAEL D DIREDA
Signed April 24, 2018
05-01-2018 1246 Filed order: Request to Produce for a Telephone
Conference
Judge MICHAEL D DIREDA
Signed May 01, 2018
05-09-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D050918 Tape Count: 850-938
HEARING
10-03-2026 07:13 PM Page 162 of
CASE NUMBER: 921900407 State Felony259
Time set for a telephone conference.
The court first addresses Ms. Coebergh's Motion to
Clarify or Stay.
Ms. Coebergh represents she has spoken with opposing
counsel and they informed her they would not be
contacting Mr. Young or Mr. Bouwhuis on their own.
Ms. Coebergh is now satisfied with the Orders which
were entered by the court.
Counsel then discusses including an Index with the
documents being exchanged.
Ms. Coebergh is directed to release to the State
communications the defendant had with defense
counsel regarding the possibility of LWOP (life
without possibility of parole).
Case is continued to June 4, 2018 at 8:30 AM for
another telephone conference.
TELEPHONE CONFERENCE is scheduled.
Date: 06/04/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
05-10-2018 TELEPHONE CONFERENCE scheduled on June 04, 2018 at 08:30
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
05-14-2018 1247 Filed order: Request to Produce for Telephone Conference
Judge MICHAEL D DIREDA
Signed May 14, 2018
06-04-2018 TELEPHONE CONFERENCE scheduled on June 25, 2018 at 08:30
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
06-04-2018 Cancelled: HEARING scheduled on July 30, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on July 31, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 01, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 03, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 06, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 07, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 08, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 14, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 15, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 17, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
10-03-2026 07:13 PM Page 163 of
CASE NUMBER: 921900407 State Felony259
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 20, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on August 21, 2018 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
Reason: Case continued
06-04-2018 Cancelled: HEARING scheduled on January 07, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 08, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 09, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 11, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 14, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 15, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 16, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 18, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 22, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 23, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 28, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 29, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: HEARING scheduled on January 30, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Cancelled: scheduled on at with
06-04-2018 Cancelled: HEARING scheduled on January 25, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
06-04-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D-060418 Tape Count: 833-913
10-03-2026 07:13 PM Page 164 of
CASE NUMBER: 921900407 State Felony259
HEARING
Matter is before the court for a telephone
conference.
Mr. Lovell is present by telephone.
Ms. Coebergh reports she continues to engage in the
redaction process.
She will be delivering two cd copies to the court
next week. One will be the actual record and the
other will be a redacted copy. The records will be
only from Mr. Bouwhuis' file.
A status/telephone conference is scheduled for June
25, 2018 at 8:30 AM.
After some discussion, the hearing is continued to
January 2019.
The court addresses Mr. Lovell's concerns regarding
the continuance.
TELEPHONE CONFERENCE is scheduled.
Date: 06/25/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING is scheduled.
Date: 01/07/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING is scheduled.
Date: 01/08/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/09/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/11/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-03-2026 07:13 PM Page 165 of
CASE NUMBER: 921900407 State Felony259
HEARING.
Date: 01/14/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/15/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/16/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/18/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/22/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/23/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/28/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
10-03-2026 07:13 PM Page 166 of
CASE NUMBER: 921900407 State Felony259
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/29/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/30/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 01/25/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
06-15-2018 1248 Filed order: Request to Produce for a Telephone
Conference
Judge CAMILLE NEIDER
Signed June 15, 2018
06-25-2018 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D062518 Tape Count: 855-915
HEARING
Matter is before the court for a status conference.
Court hears from Ms. Coebergh as to the status of
redacting information.
The could should be receiving a CD this week.
Issue is discussed further with counsel.
Case is continued for a status conference to July
31, 2018 at 8:30 AM.
TELEPHONE CONFERENCE is scheduled.
10-03-2026 07:13 PM Page 167 of
CASE NUMBER: 921900407 State Felony259
Date: 07/31/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
06-25-2018 TELEPHONE CONFERENCE scheduled on July 31, 2018 at 08:30
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
06-25-2018 1249 Filed order: Request to Produce 7/28/18
Judge MICHAEL D DIREDA
Signed June 25, 2018
06-28-2018 1251 Filed: Declaration of Foundation
07-05-2018 1250 Filed order: Corrected Request to Produce for Telephone
Conference
Judge MICHAEL D DIREDA
Signed July 03, 2018
07-18-2018 Note: Defendant's attorney is stating that Judge DiReda ordered for
her to drop off a disc of documents.
07-31-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D073118 Tape Count: 849-940
HEARING
Matter is before the court for a telephone
conference.
Court hears from counsel.
The court orders that Ms. Coeberg deliver the same
CD's received by the court to the State.
The court also enters a protective orders on the
CD's.
Ms. Coebergh will prepare an Order for the courts
signature.
The court grants Ms. Coebergh's motion to keep the
CD's sealed and separated by redacted or
unpredicted.
The next batch of CD's should be received by August
8th. Defense counsel is instructed to bring those
CD's directly to the second floor.
Case is continued for another telephone conference
on August 22, 2018 at 8:30 a.m.
TELEPHONE CONFERENCE.
Date: 08/22/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
08-01-2018 1252 Filed order: Order to Produce for a Telephone Conference
10-03-2026 07:13 PM Page 168 of
CASE NUMBER: 921900407 State Felony259
Judge MICHAEL D DIREDA
Signed August 01, 2018
08-01-2018 Note: OTP emailed
08-06-2018 1253 Filed: Notice of Filing of Proposed Order
08-06-2018 1254 Filed: Order (Proposed) Regarding Defendants First
Production of Documents
08-06-2018 1255 Filed: Return of Electronic Notification
08-07-2018 TELEPHONE CONFERENCE scheduled on August 22, 2018 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
08-08-2018 Note: hold objection time
08-20-2018 Note: Order to MDD
08-21-2018 1256 Filed order: Order Regarding Defendants First Production
of Documents
Judge MICHAEL D DIREDA
Signed August 21, 2018
08-21-2018 1257 Filed: Return of Electronic Notification
08-22-2018 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D082218 Tape Count: 836-930
HEARING
Matter is before the court for a status conference.
Court hears from counsel.
Ms. Coebergh acknowledges she has not filed a second
cd with the court. An explanation is offered.
The second cd will be filed as soon as she has
finished the redaction process.
Court and counsel discuss other issues.
Ms. Coebergh will decide by September 5, 2018 if she
will file an interlocutory appeal or not on the
redaction.
If no appeal is filed, she will provide the State a
copy of the first cd.
Ms. Coebergh will also file the protective order by
September 5, 2018.
Case is continued for another status conference on
September 5, 2018 at 8:45 a.m.
TELEPHONE CONFERENCE is scheduled.
Date: 09/05/2018
Time: 09:45 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
08-24-2018 Cancelled: TELEPHONE CONFERENCE scheduled on September
05, 2018 at 09:45 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
10-03-2026 07:13 PM Page 169 of
CASE NUMBER: 921900407 State Felony259
08-27-2018 1258 Filed: Request to Produce 9/5/18
09-05-2018 Rescheduled: TELEPHONE CONFERENCE rescheduled to
September 05, 2018 at 08:45 AM in 2nd Floor Southwest
with Judge MICHAEL D DIREDA
09-05-2018 Cancelled: TELEPHONE CONFERENCE scheduled on September
18, 2018 at 08:30 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
09-11-2018 1259 Filed order: Request to Produce
Judge MICHAEL D DIREDA
Signed September 11, 2018
09-17-2018 1260 Filed: Objection to Defendants Proposed Protective Order
09-17-2018 1261 Filed: Return of Electronic Notification
09-18-2018 Continued: TELEPHONE CONFERENCE scheduled on September
24, 2018 at 08:30 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
09-18-2018 Minute Entry - CONTINUANCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Tape Number: 2D091818
CONTINUANCE
Whose Motion: The Court.
Reason for continuance:
Court Ordered
Case is continued as a court reporter was not
present for the telephone conference.
The motion is granted.
TELEPHONE CONFERENCE is scheduled.
Date: 09/24/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
09-18-2018 Note: Order emailed to USP
09-18-2018 1262 Filed order: Request to Produce for a Telephone
Conference
Judge MICHAEL D DIREDA
Signed September 18, 2018
09-24-2018 1263 Filed: Notice of Submission of Proposed Protective Order
for Signature
09-24-2018 1264 Filed: Order (Proposed) Protective Order
09-24-2018 1265 Filed: Return of Electronic Notification
09-24-2018 TELEPHONE CONFERENCE scheduled on October 09, 2018 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
09-24-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 170 of
CASE NUMBER: 921900407 State Felony259
PRESENT
Reporter: SPROUSE, SUSAN
TELEPHONE CONFERENCE
Prosecutor: GARY R HEWARD
Prosecutor: AARON G MURPHY
Prosecutor: MARK C FIELD
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D092418 Tape Count: 840-917
HEARING
All parties are present by telephone.
Court first addresses the competing protective
orders.
Court hears from counsel and sustains the State's
objection.
The State is directed to file their Order which will
be signed by the court.
The redaction process will continue as previously
ordered.
A telephone conference is scheduled for October 9,
2018 at 8:30 a.m.
TELEPHONE CONFERENCE is scheduled.
Date: 10/09/2018
Time: 08:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
09-24-2018 1266 Filed order: Request to Produce
Judge MICHAEL D DIREDA
Signed September 24, 2018
09-25-2018 Note: Order to MDD
09-26-2018 1267 Filed order: Order Protective Order
Judge MICHAEL D DIREDA
Signed September 26, 2018
09-26-2018 1268 Filed: Return of Electronic Notification
10-09-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D100918 Tape Count: 835-840
HEARING
10-03-2026 07:13 PM Page 171 of
CASE NUMBER: 921900407 State Felony259
Matter is before the court for a telephone offence.
Ms. Coebergh reports the redaction process
continues. She should have another CD for the court
this week.
Another telephone conference is scheduled for
October 17, 2018 at 9:00 a.m.
Mr. Lovell has waived his appearance for that
telephone conference.
TELEPHONE CONFERENCE is scheduled.
Date: 10/17/2018
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-09-2018 TELEPHONE CONFERENCE scheduled on October 17, 2018 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
10-17-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: AARON G MURPHY
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D101718 Tape Count: 907-953
HEARING
Matter is before the court for a telephone
conference.
Mr. Lovell has waived his appearance for today's
hearing.
The court discusses making changes to the redaction
process and possibly having defense counsel add an
Index from which Mr. Murphy and Mr. Field would
review.
After much discussion, Ms. Coeburgh will continue
with the redaction process as previously ordered.
Another telephone conference is set for November 8,
2018 at 3:30 p.m.
TELEPHONE CONFERENCE is scheduled.
Date: 11/08/2018
Time: 03:30 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-22-2018 TELEPHONE CONFERENCE scheduled on November 08, 2018 at
03:30 PM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
10-23-2018 1269 Filed: Order to Produce for Telephone Conference
10-29-2018 1270 Filed: TRANSCRIPT for Hearing of 02-27-2018
11-05-2018 1271 Filed: TRANSCRIPT for Hearing of 04-09-2018
10-03-2026 07:13 PM Page 172 of
CASE NUMBER: 921900407 State Felony259
11-05-2018 1272 Filed: TRANSCRIPT for Hearing of 06-04-2018
11-05-2018 1273 Filed: TRANSCRIPT for Hearing of 07-31-2018
11-05-2018 1274 Filed: TRANSCRIPT for Hearing of 09-24-2018
11-05-2018 1275 Filed: TRANSCRIPT for Hearing of 10-09-2018
11-05-2018 1276 Filed: TRANSCRIPT for Hearing of 10-17-2018
11-05-2018 1277 Filed: TRANSCRIPT for Hearing of 05-09-2018
11-05-2018 1278 Filed: TRANSCRIPT for Hearing of 06-25-2018
11-05-2018 1279 Filed: TRANSCRIPT for Hearing of 08-22-2018
11-08-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D110818 Tape Count: 334-512
HEARING
Court discusses the discovery protocol with counsel.
Counsel agrees to change the protocol as follows:
Ms. Coeburgh will turn over to the State all
documents in their redacted form. Once the State
has reviewed the redacted documents they will
determine which documents they want an unredacted
copy of. Counsel will then attempt to resolve any
issues between them. Any dispute over redacted
documents will be brought before the Court. The
Court will then conduct an in camera review and
issue a ruling.
Case is continued for another telephone conference
on December 4, 2018 at 9:30 a.m.
TELEPHONE CONFERENCE is scheduled.
Date: 12/04/2018
Time: 09:30 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
11-09-2018 TELEPHONE CONFERENCE scheduled on December 04, 2018 at
09:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
11-14-2018 1280 Filed order: Request to Produce for Telephone Conference
Judge MICHAEL D DIREDA
Signed November 14, 2018
11-25-2018 1281 Filed: : Douglas Lovells witness list/23B remand hearing
11-25-2018 1282 Filed: Return of Electronic Notification
12-04-2018 Cancelled: scheduled on at with
12-04-2018 Cancelled: HEARING scheduled on January 25, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Case continued
10-03-2026 07:13 PM Page 173 of
CASE NUMBER: 921900407 State Felony259
12-04-2018 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
TELEPHONE CONFERENCE
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 120418 Tape Count: 956-1111
HEARING
Matter is before the court for a telephone
conference.
Court hears from counsel.
Ms. Coebergh reports she delivered materials to the
State which included redacted audio interviews and
phone calls between Mr. Bouwhuis and Mr. Lovell.
For the most part she has delivered almost
everything in her possession.
Mr. Field reports they are unable to open the audio
files. The State was also under the impression the
audio files would be transcribed.
Ms. Coebergh also informs the court she was
contacted by a Jordan Bledsoe indicating David
Jordan would be representing some of the
victims/witnesses in this case. Counsel may be
filing a Motion to Quash on their behalf. The
court will handle that issue as it comes up.
As to the audio files which the State is unable to
hear, counsel should work together so that the State
has copies which are audible.
If transcripts are requested from audio recordings,
the State will be responsible for the cost.
Court gives direction as to documents counsel would
like the court to review. Those documents should be
reviewed by February 2019.
Court and counsel then discuss continuing the
hearing dates.
The court makes its findings for the record and
grants the motion to continue.
Hearing dates are reset commencing April 15, 2019
through May 7, 2019.
Ms. Coebergh informs the court some of her witnesses
may be filing Motions to Quash on the subpoenas she
has issued.
The State represents they will file an Objection.
The court will address those issues as they arise.
No additional telephone conferences are scheduled
unless counsel contacts the clerk's office.
HEARING is scheduled.
Date: 04/15/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING is scheduled.
Date: 04/16/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
10-03-2026 07:13 PM Page 174 of
CASE NUMBER: 921900407 State Felony259
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/17/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/19/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/22/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/23/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/24/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/26/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-03-2026 07:13 PM Page 175 of
CASE NUMBER: 921900407 State Felony259
HEARING.
Date: 04/29/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 04/30/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 05/01/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 05/03/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 05/06/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
HEARING.
Date: 05/07/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
12-05-2018 Cancelled: HEARING scheduled on April 15, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 16, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
10-03-2026 07:13 PM Page 176 of
CASE NUMBER: 921900407 State Felony259
12-05-2018 Cancelled: HEARING scheduled on April 17, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 19, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 22, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 23, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 24, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 26, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 29, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on April 30, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on May 01, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on May 03, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on May 06, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-05-2018 Cancelled: HEARING scheduled on May 07, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
12-07-2018 Note: Informed WCAO that CD was ready for pick up
12-15-2018 1283 Filed: : Douglas Lovells 1st amended witness list
12-15-2018 1284 Filed: Return of Electronic Notification
12-28-2018 1285 Filed: Motion for expedited hearing
Filed by: DOUGLAS A LOVELL
12-28-2018 1286 Filed: Return of Electronic Notification
12-30-2018 1287 Filed: Objection to Defendants Motion for Expedited
Hearing
12-30-2018 1288 Filed: Return of Electronic Notification
12-31-2018 1289 Filed: Motion: Douglas Lovells Motion for OTSC why the
State should not be held in contempt for violating
protective order
Filed by: DOUGLAS A LOVELL
12-31-2018 1290 Filed: : exhibit I to OTSC. affidavit of C Coebergh
12-31-2018 1291 Filed: : exhibit II otsc. emails
12-31-2018 1292 Filed: Return of Electronic Notification
12-31-2018 1293 Filed: Return of Electronic Notification
12-31-2018 1294 Filed: Return of Electronic Notification
12-31-2018 1295 Filed: : exhibit III to otsc SEC standards
12-31-2018 1296 Filed: Order (Proposed) OTSC why the state should not be
held in contempt for violating protective order
12-31-2018 1298 Filed: : exhibit iv to motion for attorneys fees.
affidavit of Colleen Coebergh
12-31-2018 1297 Filed: Motion: Douglas Lovells Motion for Attorneys
Fees
Filed by: DOUGLAS A LOVELL
12-31-2018 1299 Filed: Return of Electronic Notification
12-31-2018 1300 Filed: Return of Electronic Notification
12-31-2018 1301 Filed: Return of Electronic Notification
01-01-2019 1302 Filed: Reply to States Opposition to Motion for
Expedited Hearing
01-01-2019 1303 Filed: Return of Electronic Notification
01-01-2019 1304 Filed: Motion: Ex Parte Motion to Prohibit the State
from access unredacted materials it created
10-03-2026 07:13 PM Page 177 of
CASE NUMBER: 921900407 State Felony259
Filed by: DOUGLAS A LOVELL
01-01-2019 1305 Filed: Order (Proposed): Ex Parte Order to Prohibit the
State from accessing unredacted materials it created
01-01-2019 1306 Filed: Return of Electronic Notification
01-02-2019 1307 Filed: : Douglas Lovells second amended witness list
01-02-2019 1308 Filed: Return of Electronic Notification
01-02-2019 1309 Filed: : Return of Service Gary Heward
01-02-2019 1310 Filed: : return of service jeffrey thomson
01-02-2019 1311 Filed: : return of service chris shaw
01-02-2019 1312 Filed: : return of service shane minor
01-02-2019 1314 Filed: : AOS Carl Jacobson
01-02-2019 1313 Filed: : notice of lodging acceptance of service Carl
Jacobson
01-02-2019 Note: Hold objection time
01-02-2019 1316 Filed: : AOS tony milar
01-02-2019 1315 Filed: : notice of lodging acceptance of service tony
milar
01-02-2019 1318 Filed: : AOS russ minas
01-02-2019 1317 Filed: : notice of lodging acceptance of service russ
minas
01-02-2019 1320 Filed: : AOS sandall-barrus
01-02-2019 1319 Filed: : notice of lodging acceptance of appearance m.
sandall-barrus
01-02-2019 1322 Filed: : AOS J. Humphries
01-02-2019 1321 Filed: : notice of lodging acceptance of service judy
humphries
01-02-2019 1324 Filed: : AOS Colleen Bartell
01-02-2019 1323 Filed: : notice of lodging acceptance of service colleen
bartell
01-02-2019 1325 Filed: Return of Electronic Notification
01-02-2019 1326 Filed: Return of Electronic Notification
01-02-2019 1327 Filed: Return of Electronic Notification
01-02-2019 1332 Filed: Return of Electronic Notification
01-02-2019 1333 Filed: Return of Electronic Notification
01-02-2019 1328 Filed: Return of Electronic Notification
01-02-2019 1329 Filed: Return of Electronic Notification
01-02-2019 1334 Filed: Return of Electronic Notification
01-02-2019 1330 Filed: Return of Electronic Notification
01-02-2019 1331 Filed: Return of Electronic Notification
01-04-2019 TELEPHONE CONFERENCE scheduled on January 11, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
01-07-2019 1335 Filed: Request to Produce for Telephone Conference
01-10-2019 1336 Filed: States Omnibus Opposition to Defendants Motions
for Order to Show Cause, Attorneys Fees, and Ex Parte
Order
01-10-2019 1337 Filed: Return of Electronic Notification
01-11-2019 TELEPHONE CONFERENCE scheduled on January 28, 2019 at
08:30 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
01-11-2019 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
10-03-2026 07:13 PM Page 178 of
CASE NUMBER: 921900407 State Felony259
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 011119 Tape Count: 901-955
HEARING
The case is before the court to schedule a hearing
date on the Order to Show Cause filed by Ms.
Coebergh.
Court has reviewed the pleadings which were filed.
Court discusses Order to Show Cause with counsel.
The court orders that the CD's delivered to Mr.
Field and Mr. Murphy's office be returned to Ms.
Coebergh.
The court will also return the CD's which were
received.
Ms. Coebergh will then process and redact new CD's
using a different programming system.
The court finds that the State did not willfully
violate the protective order.
The court further finds that the State was not
unreasonable in deciding to let time pass and not
review the documents provided once they realized the
redaction codes had been removed.
A follow up telephone conference is scheduled for
January 28, 2019 at 8:30 a.m.
Counsel may cancel the hearing if there are no
further issues.
TELEPHONE CONFERENCE is scheduled.
Date: 01/28/2019
Time: 08:30 a.m.
Location: 2nd Floor Southwest
before Judge MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
01-11-2019 1338 Filed: Notice for Case 921900407 FS: Judge MICHAEL D
DIREDA
01-11-2019 1339 Filed: Request to Produce for Telephone Conference
01-11-2019 Note: emailed
01-11-2019 1340 Filed: Other - Not Signed Order (Proposed) OTSC why the
state should not be held in contempt for violating
protective order
01-11-2019 Note: Court ruled on issue 1/11/19
01-11-2019 1341 Filed: Return of Electronic Notification
01-22-2019 1342 Filed: : Certificate of Service of Replacement Discs
01-22-2019 1343 Filed: Return of Electronic Notification
01-24-2019 Note: Order to MDD
01-28-2019 1344 Filed order: Order: Ex Parte Order to Prohibit the
State from accessing unredacted materials it created
Judge MICHAEL D DIREDA
Signed January 28, 2019
01-28-2019 1345 Filed: Return of Electronic Notification
01-28-2019 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
10-03-2026 07:13 PM Page 179 of
CASE NUMBER: 921900407 State Felony259
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 012819 Tape Count: 839-912
HEARING
Matter is before the court for a telephone
conference.
Court hears from counsel.
A record is made as to when the State received
copies of the CD's.
An Affidavit will be prepared from IT and the
outside vendor verifying none of the information
obtained from the CD's will be released to the
public.
Counsel to resolve any issues first before bringing
them before the court.
Case is continued to March 15, 2019 at 9:00 a.m.
Any other motions are to be filed by February 28,
2019. The court will address those motions on March
15th.
TELEPHONE CONFERENCE.
Date: 03/15/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
01-28-2019 1346 Filed: Motion to Correct January 28, 2019 Ex Parte Order
Filed by: STATE OF UTAH
01-28-2019 1347 Filed: Order (Proposed) Correcting January 28, 2019 Ex
Parte Order
01-28-2019 1348 Filed: Return of Electronic Notification
02-05-2019 1349 Filed: States Notice of Submission of Affidavits
02-05-2019 1350 Filed: Return of Electronic Notification
02-06-2019 1351 Filed: Reply to States Motion to Correct Order
02-06-2019 1352 Filed: Return of Electronic Notification
02-06-2019 1354 Filed: Reply Memorandum in Support of Motion to Correct
January 28, 2019 Ex Parte Order
02-06-2019 1353 Filed: Request/Notice to Submit for Decision
02-06-2019 1355 Filed: Return of Electronic Notification
02-09-2019 1356 Filed: Motion: Ex Parte Motion to Compel Sean Young
Filed by: DOUGLAS A LOVELL
02-09-2019 1357 Filed: Order (Proposed): Order Compelling Sean Young
02-09-2019 1358 Filed: Return of Electronic Notification
02-11-2019 Note: Orders to MDD
02-11-2019 1359 Filed order: Order: Order Compelling Sean Young
Judge MICHAEL D DIREDA
Signed February 11, 2019
02-11-2019 1360 Filed: Return of Electronic Notification
02-11-2019 Cancelled: TELEPHONE CONFERENCE scheduled on March 15,
10-03-2026 07:13 PM Page 180 of
CASE NUMBER: 921900407 State Felony259
2019 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
02-11-2019 1361 Filed order: Order Correcting January 28, 2019 Ex Parte
Order
Judge MICHAEL D DIREDA
Signed February 11, 2019
02-11-2019 1362 Filed: Return of Electronic Notification
02-12-2019 1363 Filed order: Request to Produce for Telephone Conference
Judge MICHAEL D DIREDA
Signed February 12, 2019
02-12-2019 Note: Order emailed
02-12-2019 1365 Filed: : Service Return on Sean Young
02-12-2019 1364 Filed: Notice of Lodging: Return of Service on Sean
Young
02-13-2019 1366 Filed: Return of Electronic Notification
02-19-2019 1367 Filed: Motion for OTSC- Sean young
Filed by: DOUGLAS A LOVELL
02-19-2019 1368 Filed: Return of Electronic Notification
02-19-2019 1369 Filed: : Exhibit I: affidavit
02-19-2019 1370 Filed: Return of Electronic Notification
02-19-2019 1371 Filed: : addendum A: Field Feb 8, 2019 em
02-19-2019 1372 Filed: Return of Electronic Notification
02-19-2019 1373 Filed: :Addendum A: Field Feb 8th, 2019 email
02-19-2019 1374 Filed: Return of Electronic Notification
02-19-2019 1375 Filed: :addendum B: Young/Coebergh emails
02-19-2019 1376 Filed: Return of Electronic Notification
02-19-2019 1377 Filed: : Addendum:C young/coebergh texts
02-19-2019 1378 Filed: Return of Electronic Notification
02-19-2019 1379 Filed: : Kameron tuellers witness and exhibit list
02-19-2019 1380 Filed: : Defendants second certificate of delivery of
discovery
02-19-2019 1381 Filed: Return of Electronic Notification
02-20-2019 1382 Filed: Order (Proposed) OTSC
02-20-2019 1383 Filed: Return of Electronic Notification
02-21-2019 1384 Filed order: Order OTSC
Judge MICHAEL D DIREDA
Signed February 21, 2019
02-21-2019 1385 Filed: Return of Electronic Notification
02-21-2019 1387 Filed: Motion to Compel Production of Redacted Materials
in Unredacted Form
Filed by: STATE OF UTAH
02-21-2019 1386 Filed: Statement of Discovery Issues Re: States
Redaction Issues Log
02-21-2019 1388 Filed: Return of Electronic Notification
02-22-2019 ORDER TO SHOW CAUSE scheduled on March 05, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
02-22-2019 1389 Filed: Order to Produce, 3/5/19
02-22-2019 1390 Filed: Order (Proposed) for OTSC March 5th, 2019-Young
02-22-2019 1391 Filed: Return of Electronic Notification
02-22-2019 1392 Filed order: Order for OTSC March 5th, 2019-Young
Judge MICHAEL D DIREDA
Signed February 22, 2019
02-22-2019 1393 Filed: Return of Electronic Notification
02-25-2019 1394 Filed: Amended Order to Produce, 3/5/19
10-03-2026 07:13 PM Page 181 of
CASE NUMBER: 921900407 State Felony259
02-27-2019 1395 Filed: Motion to Require the State to Make an Uno
Showing
Filed by: DOUGLAS A LOVELL
02-27-2019 1396 Filed: : Mr. Lovells Position Statement regarding
redaction issues.
02-27-2019 1397 Filed: Return of Electronic Notification
02-28-2019 1398 Filed: Motion /notice of intent to use hearsay-Chuck
Thompson
Filed by: DOUGLAS A LOVELL
02-28-2019 1399 Filed: Motion /notice of intent to use hearsay-Richard
Boyer
Filed by: DOUGLAS A LOVELL
02-28-2019 1400 Filed: Return of Electronic Notification
02-28-2019 1401 Filed: Motion / regarding privilege waivers-John Newton
Filed by: DOUGLAS A LOVELL
02-28-2019 1402 Filed: Motion regarding privilege waivers- Brent
Scharman
Filed by: DOUGLAS A LOVELL
02-28-2019 1403 Filed: Return of Electronic Notification
03-01-2019 1404 Filed: Objection to Defendants Motion to Require the
State to Make a Showing of Substantial Need/Undue
Hardship
03-01-2019 1405 Filed: Return of Electronic Notification
03-01-2019 1406 Filed: Exhibit A to Opposition to Defendants Motion to
Require the State to Make a Showing of Substantial
Need/Undue Hardship
03-01-2019 1407 Filed: Return of Electronic Notification
03-05-2019 TELEPHONE CONFERENCE scheduled on March 11, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-05-2019 Minute Entry - ORDER TO SHOW CAUSE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: AARON G MURPHY
Prosecutor: MARK C FIELD
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 030519 Tape Count: 900-948
HEARING
Matter is before the court on an Order to Show
Cause.
Sean Young is present and responds to the court and
counsel's inquiries as to his e-mails.
The court directs Mr. Young to turn over all
information, in any form, to Ms. Coebergh.
Mr. Young and Ms. Coebergh will meet at noon on
Friday, March 8, 2019 to exchange the information.
The court will hold a telephone conference on
Monday, March 11, 2019 at 9:00 a.m. to verify the
exchange has taken place.
TELEPHONE CONFERENCE is scheduled.
Date: 03/11/2019
Time: 09:00 a.m.
10-03-2026 07:13 PM Page 182 of
CASE NUMBER: 921900407 State Felony259
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
03-08-2019 1409 Filed: Order (Proposed) Memorandum Decision and Order
Requiring Defendant to Produce Redacted Materials in
Unredacted Form
03-08-2019 1408 Filed: Request/Notice to Submit for Decision
03-08-2019 1410 Filed: Return of Electronic Notification
03-08-2019 1411 Filed: Opposition to States Memorandum Decision and
Order
03-08-2019 1412 Filed: Return of Electronic Notification
03-11-2019 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 031119 Tape Count: 920-1103
HEARING
Matter is before the court for Ms. Coebergh to
report on the Order to Show Cause.
Ms. Coebergh reports she did meet with Sean Young
and he did provide her with files.
However, Ms. Coebergh reports Mr. Young has been
communicating with the opposing counsel.
Court hears from Mr. Murphy.
Ms. Coebergh also reports Mr. Bouwhuis provided her
with e-mails he found that had not been turned over.
The court orders that the State provide defense
counsel with all e-mails received from Mr. Young.
Ms. Coebergh is then to review the e-mails and
decide if they are important to the defendant's
defense.
Ms. Coebergh shall also provide a privilege log when
redacting documents.
The defendant will be produced for the hearing on
Friday. Counsel will also be present.
03-11-2019 1413 Filed: Order to Produce, 3/15/19
03-11-2019 1414 **** PRIVATE **** Filed: Notice of Submission to the
Court and Defendant of Emails Forwarded to the State by
Sean Young
03-11-2019 1415 Filed: Return of Electronic Notification
03-12-2019 1417 **** PRIVATE **** Filed: Motion to Classify Stipulated
Motion to Classify the States March 11, 2019 Filing as a
Private Record and to Make It Nonpublic
03-12-2019 1418 **** PRIVATE **** Filed: Order (Proposed) Classifying
the States March 11, 2019 Filing as a Private Record and
Making It Nonpublic
03-12-2019 1416 **** PRIVATE **** Filed: Request/Notice to Submit for
Decision
03-12-2019 1419 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 183 of
CASE NUMBER: 921900407 State Felony259
03-13-2019 Note: Order to Classify to MDD
03-13-2019 Note: Order Memorandum Decision to MDD
03-13-2019 Modified: TELEPHONE CONFERENCE scheduled on March 15,
2019 at 09:00 AM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
Reason: Court Ordered
03-13-2019 HEARING scheduled on March 15, 2019 at 09:00 AM in 2nd
Floor Southwest with Judge MICHAEL D DIREDA
03-14-2019 1420 Filed: Response to Defendants Motion for a Ruling in
Limine That Witness John Jack Newton Has Waived Attorney
Client/Work Product Privileges
03-14-2019 1421 Filed: Return of Electronic Notification
03-14-2019 1422 Filed: Response to Defendants Motion for a Ruling in
Limine That Witness Brent Scharman Has Waived his
Attorney-Client/Work Product Privileges
03-14-2019 1423 Filed: Return of Electronic Notification
03-14-2019 1424 Filed order: Order Classifying the States March 11, 2019
Filing as a Private Record and Making It Nonpublic
Judge MICHAEL D DIREDA
Signed March 14, 2019
03-14-2019 1425 Filed: Return of Electronic Notification
03-14-2019 1426 Filed: Opposition to Defendants Motion to Introduce
Statements of Chuck Thompson
03-14-2019 1427 Filed: Return of Electronic Notification
03-14-2019 1428 **** PRIVATE **** Filed: Motion to compel State
03-14-2019 1429 Filed: Return of Electronic Notification
03-14-2019 1430 **** PRIVATE **** Filed: : mtn to compel state exhibit
III
03-14-2019 1431 **** PRIVATE **** Filed: : mtn compel state ex IV
03-14-2019 1432 **** PRIVATE **** Filed: : mtn compel state ex II
03-14-2019 1435 Filed: Return of Electronic Notification
03-14-2019 1434 Filed: Return of Electronic Notification
03-14-2019 1433 Filed: Return of Electronic Notification
03-14-2019 1436 **** PRIVATE **** Filed: : mtn compel state ex I
03-14-2019 1437 Filed: Return of Electronic Notification
03-15-2019 1438 Filed: Order to Sheriff
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 05, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 06, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 07, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 09, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason:
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 12, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 13, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 14, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 16, 2019
10-03-2026 07:13 PM Page 184 of
CASE NUMBER: 921900407 State Felony259
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 19, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 20, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 21, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason:
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 23, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 26, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason:
03-15-2019 Rescheduled: 23 B HEARING rescheduled to August 27, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
03-15-2019 MOTION HEARING scheduled on August 28, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
03-15-2019 MOTION HEARING scheduled on August 30, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
03-15-2019 ORAL ARGUMENTS scheduled on April 22, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
03-15-2019 Minute Entry - HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: stacyr
Audio
Tape Number: 2D 031519 Tape Count: 904-1023
HEARING
Matter is before the court for status conference.
Counsel addresses the court. Ms. Coebergh indicates
to the court that a motion to compel has been filed.
Court instructs clerk to change the security
classification to private on the motion to compel
that was filed 03/14/19. Court further instructs
clerk that any new pleadings will be classified as
private per the court's standing order.
Court reschedules the 23 B Hearing from the dates in
April, 2019 to new dates in August, 2019.
Court schedules hearing for oral arguments on the
two motions before the court to 04/22/19 at 9:00 am
with briefing to be completed by 04/05/19.
23 B HEARING is scheduled.
Date: 08/05/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 185 of
CASE NUMBER: 921900407 State Felony259
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
The reason for the change is Court Ordered
23 B HEARING is scheduled.
Date: 08/06/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING is scheduled.
Date: 08/07/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/09/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/12/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/13/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/14/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-03-2026 07:13 PM Page 186 of
CASE NUMBER: 921900407 State Felony259
23 B HEARING.
Date: 08/16/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/19/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/20/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/21/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/23/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/26/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
23 B HEARING.
Date: 08/27/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
10-03-2026 07:13 PM Page 187 of
CASE NUMBER: 921900407 State Felony259
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
MOTION HEARING.
Date: 08/28/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
MOTION HEARING.
Date: 08/30/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
ORAL ARGUMENTS.
Date: 04/22/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
03-20-2019 1439 Filed: : Certificate of Service to State of Detail
Regarding Redaction of Phone Calls/Legal Justification
03-20-2019 1440 Filed: Return of Electronic Notification
03-22-2019 1441 Filed: TRANSCRIPT for Hearing of 03-11-2019
03-22-2019 1442 Filed: TRANSCRIPT for Hearing of 03-05-2019
03-25-2019 1443 Filed: Opposition to the States Motion for Unredacted
file
03-25-2019 1444 Filed: Return of Electronic Notification
03-29-2019 1445 Filed: Request/Notice to Submit for Decision
03-29-2019 1446 Filed: Objection to Defendants Motion to Compel the
State to Produce All Communications with Sean Young
03-29-2019 1447 Filed: Return of Electronic Notification
03-29-2019 1448 Filed: Return of Electronic Notification
03-29-2019 Note: NTS to MDD
03-29-2019 1449 Filed: Motion to Intervene/Join Corporation of The
Church of Jesus Christ of Latter-Day Saints Motion to
Intervene
03-29-2019 1450 Filed: Return of Electronic Notification
04-01-2019 1451 Filed: Opposition to Notice to Submit Issue of Charles
G. Thompsons testimony
04-01-2019 1452 Filed: Return of Electronic Notification
04-01-2019 1453 Filed: Reply Memorandum in Support of Motion to Compel
Production of Redacted Materials in Unredacted Form
04-01-2019 1454 Filed: Return of Electronic Notification
04-02-2019 1455 Filed: Request/Notice to Submit for Decision
04-02-2019 1456 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 188 of
CASE NUMBER: 921900407 State Felony259
04-04-2019 Note: NTS to MDD
04-05-2019 1457 Filed: Motion in limine to admit evidence regarding
unavailable witness
Filed by: DOUGLAS A LOVELL
04-05-2019 1458 Filed: Return of Electronic Notification
04-05-2019 1459 Filed: Motion: Third Motion to Compel Sean Young
Filed by: DOUGLAS A LOVELL
04-05-2019 1460 Filed: Return of Electronic Notification
04-05-2019 1461 Filed: Order (Proposed) GRANTING third motion to compel
Mr. Young
04-05-2019 1462 Filed: Return of Electronic Notification
04-05-2019 1463 Filed: Motion to strike state and LDS Church pleadings
re: Dr. John Newton
Filed by: DOUGLAS A LOVELL
04-05-2019 1464 Filed: Return of Electronic Notification
04-08-2019 1465 Filed: Order to Produce, 4/22/19
04-08-2019 Note: emailed
04-11-2019 1466 Filed: Opposition to LDS Church Motion to Intervene
04-11-2019 1467 Filed: Return of Electronic Notification
04-15-2019 1468 Filed order: Order GRANTING third motion to compel Mr.
Young
Judge MICHAEL D DIREDA
Signed April 15, 2019
04-15-2019 1469 Filed: Return of Electronic Notification
04-16-2019 1470 Filed: Objection to Defendants Motion to Strike the
States Pleading Re: Witness John Newton
04-16-2019 1471 Filed: Return of Electronic Notification
04-16-2019 1472 Filed: TRANSCRIPT for Hearing of 03-15-2019
04-17-2019 1473 Filed: Opposition to Defendants Motion to Introduce
Statements of Dr. Richard Boyer
04-17-2019 1474 Filed: Return of Electronic Notification
04-17-2019 1475 Filed: Request/Notice to Submit for Decision
04-17-2019 1476 Filed: Return of Electronic Notification
04-19-2019 Note: RTS to MDD.
04-22-2019 1477 Filed: Order to Sheriff
04-22-2019 Minute Entry - ORAL ARGUMENTS
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: stacyr
Audio
Tape Number: 2D 042219 Tape Count: 911-1049
HEARING
10-03-2026 07:13 PM Page 189 of
CASE NUMBER: 921900407 State Felony259
This is before the court for argument on the
following motions:(1) Defendant's Motion to Compel
(2) Plaintiff's Motion to Compel and (3) Motion in
Limine. Respective counsel gives argument.
Court orders that the protective order being the
governing and controlling principal will now be
enforced. Ms. Coebergh to submit the remaining audio
files and unredacted copies to the State by Friday,
April 26, 2019.
Ms. Coebergh to prepare the order from this ruling.
Mr. Field addresses the court on the motion filed by
opposing counsel indicating that the State is being
deceptive, unethical and have defrauded the court.
The court orders for Ms. Coebergh to either withdraw
her motion or the court will make its findings.
Counsel addresses the court.
Court denies the motion to compel. Court makes a
finding that Mr. Murphy and Mr. Field have not been
engaging in any unethical and untruth behavior.
Mr. Field to prepare the order from this ruling.
04-22-2019 Note: Order to Produce sent to MDD for review
04-22-2019 1478 Filed: Other - Not Signed Order (Proposed) Memorandum
Decision and Order Requiring Defendant to Produce
Redacted Materials in Unredacted Form
04-22-2019 1479 Filed: Return of Electronic Notification
04-23-2019 1480 Filed order: Order to Produce
Judge MICHAEL D DIREDA
Signed April 22, 2019
04-24-2019 Fee Account created Total Due: 10.00
04-24-2019 AUDIO TAPE COPY Payment Received: 10.00
04-25-2019 1481 Filed: TRANSCRIPT for Hearing of 04-10-2017
04-25-2019 1482 Filed: TRANSCRIPT for Hearing of 06-14-2017
04-25-2019 1483 Filed: TRANSCRIPT for Hearing of 09-20-2017
04-25-2019 1484 Filed: TRANSCRIPT for Hearing of 12-04-2018
04-25-2019 1485 Filed: TRANSCRIPT for Hearing of 01-11-2019
04-25-2019 1486 Filed: TRANSCRIPT for Hearing of 01-28-2019
04-25-2019 1487 Filed: Reply Memorandum Supporting Corporation of the
President of The Church of Jesus Christ of Latter-day
Saints Motion to Intervene
04-25-2019 1488 Filed: Return of Electronic Notification
04-25-2019 1489 Filed: TRANSCRIPT for Hearing of 05-24-2017
04-25-2019 1490 Filed: TRANSCRIPT for Hearing of 07-13-2017
04-25-2019 1491 Filed: TRANSCRIPT for Hearing of 08-21-2017
04-25-2019 1492 Filed: TRANSCRIPT for Hearing of 10-02-2017
04-25-2019 1493 Filed: TRANSCRIPT for Hearing of 11-08-2017
04-25-2019 1494 Filed: TRANSCRIPT for Hearing of 11-22-2017
04-25-2019 1495 Filed: TRANSCRIPT for Hearing of 01-12-2018
04-28-2019 1496 Filed: TRANSCRIPT for Hearing of 08-29-2017
04-28-2019 1497 Filed: TRANSCRIPT for Hearing of 11-08-2018
04-30-2019 1498 Filed: Request/Notice to Submit Corporation of the
President of The Church of Jesus Christ of Latter-day
Saints Motion to Intervene
04-30-2019 1499 Filed: Return of Electronic Notification
05-01-2019 1500 Filed: Opposition to Notice to submit LDS Church
10-03-2026 07:13 PM Page 190 of
CASE NUMBER: 921900407 State Felony259
Intervention/Request for Evidentiary Hearing
05-01-2019 1501 Filed: Return of Electronic Notification
05-01-2019 Note: Called Jacob Scholl to pick up audio
05-06-2019 Note: NTS to MDD
05-06-2019 1502 Filed: Notice of Electronic Service of Propose Findings
of Fact, Conclusions of Law, and Order on Defendant
05-06-2019 1503 Filed: Return of Electronic Notification
05-09-2019 1504 Filed: Response to Douglas Lovells Opposition to Notice
to Submit Issue re LDS Churchs Motion to Intervene
Request for Evidentiary Hearing
05-09-2019 1505 Filed: Return of Electronic Notification
05-14-2019 1506 Filed: Notice of Submission of Proposed Findings of
Fact, Conclusions of Law, and Order for Signature
05-14-2019 1507 Filed: Order (Proposed) Findings of Fact, Conclusions of
Law, and Order Denying Defendants Motion to Compel the
State to Produce All Communications With Sean Young
05-14-2019 1508 Filed: Return of Electronic Notification
05-15-2019 Note: Hold objection time.
05-16-2019 TELEPHONE CONFERENCE scheduled on May 21, 2019 at 10:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
05-16-2019 1509 Filed: Request to Produce for Telephone Conference
5/21/19
05-20-2019 1510 Filed: TRANSCRIPT for Hearing of 04-22-2019
05-21-2019 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Prosecutor: SHANE D SMITH
Other Attorneys: DAVID J JORDAN
Other Attorneys: JORDAN C BLEDSOE
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Clerk: juanaq
Audio
Tape Number: 2D 052119 Tape Count: 1009-1018
Matter is continued as Ms. Coegurgh is not
available.
TELEPHONE CONFERENCE is scheduled.
Date: 06/12/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
before Judge MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
05-21-2019 1511 Filed: Appearance of Counsel/Notice of Limited
Appearance
05-21-2019 1512 Filed: Return of Electronic Notification
05-22-2019 TELEPHONE CONFERENCE scheduled on June 12, 2019 at 09:00
AM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
05-22-2019 1513 Filed: Notice for Case 921900407 FS: Judge MICHAEL D
DIREDA
05-24-2019 1514 Filed order: Request to Produce for Telephone Conference
10-03-2026 07:13 PM Page 191 of
CASE NUMBER: 921900407 State Felony259
Judge MICHAEL D DIREDA
Signed May 24, 2019
06-04-2019 Note: Order to MDD
06-04-2019 1515 Filed order: Order Findings of Fact, Conclusions of Law,
and Order Denying Defendants Motion to Compel the State
to Produce All Communications With Sean Young
Judge MICHAEL D DIREDA
Signed June 04, 2019
06-04-2019 1516 Filed: Return of Electronic Notification
06-12-2019 HEARING scheduled on July 05, 2019 at 09:00 AM in 2nd
Floor Southwest with Judge MICHAEL D DIREDA
06-12-2019 Minute Entry - MOTION TO INTERVENE
Judge: MICHAEL D DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: MARK C FIELD
Prosecutor: AARON G MURPHY
Prosecutor: SHANE D SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN K COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 061219 Tape Count: 903-1000
HEARING
Matter is before the court for a telephone
conference.
Attorneys David Jordan and Jordan Bledsoe are
present by telephone on behalf of the Church of
Jesus Christ of Latter Day Saints. A motion to
intervene has been filed by them.
Court hears from counsel as to the motion.
The Court grants the motion.
A hearing will be held on July 5, 2019 at 9:00 a.m.
HEARING is scheduled.
Date: 07/05/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
06-14-2019 1517 Filed: Request for Discovery: Douglas Lovells Request
for discovery-LDS Church
06-14-2019 1518 Filed: Return of Electronic Notification
06-14-2019 1519 Filed: : Douglas Lovells Certificate of delivery of
discovery-LDS Church
06-14-2019 1520 Filed: Return of Electronic Notification
06-14-2019 1521 Filed: Motion in limine RE; Gary Webster
Filed by: DOUGLAS A LOVELL
06-14-2019 1522 Filed: Return of Electronic Notification
06-16-2019 1523 Filed: : Amended Certificate of Delivery of Discovery-
LDS Church
06-16-2019 1524 Filed: Return of Electronic Notification
06-17-2019 1525 Filed order: Order to Produce
10-03-2026 07:13 PM Page 192 of
CASE NUMBER: 921900407 State Felony259
Judge MICHAEL D DIREDA
Signed June 17, 2019
06-17-2019 Note: emailed
06-21-2019 1526 Filed: : Douglas Lovells Second Certificate of
Discovery- LDS Church
06-21-2019 1527 Filed: Return of Electronic Notification
06-25-2019 1528 Filed order: Amended Order to Produce
Judge MICHAEL D DIREDA
Signed June 24, 2019
06-25-2019 Note: emailed
06-26-2019 1529 Filed: Memorandum Opposing Motions in Limine that Gary
Webster, Brent Scharman, and Jack Newton Waived the
Attorney Client Privilege
06-26-2019 1530 Filed: Return of Electronic Notification
07-01-2019 1531 Filed: Motion LDS Pleadings be considered a Motion to
Quash Subpoenas
Filed by: DOUGLAS A LOVELL
07-01-2019 1532 Filed: Return of Electronic Notification
07-01-2019 1533 Filed: : Douglas Lovells Motion to Compel Discovery-LDS
Church
07-01-2019 1534 Filed: Return of Electronic Notification
07-02-2019 1535 Filed: States Witness List for Rule 23B Evidentiary
Hearing
07-02-2019 1536 Filed: Return of Electronic Notification
07-03-2019 1537 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed July 03, 2019
07-03-2019 1538 Filed: Reply /position regarding LDS Opposition
07-03-2019 1539 Filed: Return of Electronic Notification
07-05-2019 1540 Filed: Order to Sheriff
07-05-2019 TELEPHONE CONFERENCE scheduled on August 02, 2019 at
08:15 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
07-05-2019 NOTICE for Case 921900407 ID 20154478
Judge: MICHAEL D DIREDA
TELEPHONE CONFERENCE is scheduled.
Date: 08/02/2019
Time: 08:15 a.m.
Location: 2nd Floor Southwest
before Judge MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
Counsel or parties are requested to be in their
respective offices at the time set for the telephone
conference. The clerk will initiate the conference
call.
07-05-2019 1541 Filed: Notice for Case 921900407 FS: Judge MICHAEL D
DIREDA
07-05-2019 Minute Entry - HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
10-03-2026 07:13 PM Page 193 of
CASE NUMBER: 921900407 State Felony259
Prosecutor: SHANE SMITH
Other Attorneys: DAVID J JORDAN
Other Attorneys: JORDAN BLEDSOE
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: zoilab
Audio
Tape Number: 2D 070519 Tape Count: 9:05-9:06**
HEARING
10-03-2026 07:13 PM Page 194 of
CASE NUMBER: 921900407 State Felony259
Time set for hearing.
Matter is in recess to allow counsel to speak in
chambers.
** Matter is recalled 10:28-11:42 **
The Court indicates the evidentiary hearing today is
on the issues regarding Rule 504 of the Utah Rules
of Evidence. Counsel for the State indicate they do
not intend on participating today.
The Court states that the discussion in chambers was
regarding the scope of the hearing.
10:31 Defense counsel invokes the exclusionary rule
for those called as witnesses today as well as those
who would be witnesses in the evidentiary hearing
set in August.
10:34 Intervenor's witness 1, Jack Newton (John H.
Newton) is sworn and testifies.
10:57 Bench Conference is held.
11:09 Intervenor's witness 2, Gary Webster, is sworn
and testifies.
11:17 Intervenor's witness 3, Stanley Charmin, is
sworn and testifies.
11:27 Counsel for the intervenor, David Jordan,
submits. Defense counsel requests additional time to
review discovery.
11:28 Mr. Jordan has no objections and clarifies
regarding the handbooks and documents that have been
designated as protected.
11:30 The Court directs that documents delivered to
defense counsel from Mr. Jordan or Mr. Bledsoe are
to remain with her and not shared unless by
stipulation or further court order. The parties
indicate the designation of protected documents are
to be reciprocal.
11:35 The Court expresses concern regarding the
timing of the filing of the supplemental briefs in
relation to the evidentiary hearing set in August.
11:36 Defense counsel indicates that she allowed for
the potential for addressing additional issues in
the evidentiary hearing schedule.
Defense counsel to file their supplemental brief by
7/22/19.
Counsel for the intervenor to file their response by
7/29/19.
Reply to be filed by 8/1/19.
Telephone conference set on 8/2/19 at 8:15 a.m. to
discuss whether oral arguments will be needed and
when to address if so. Counsel are to be available
by phone on that date and time. The clerk is to
coordinate with the prison to ensure that the
defendant is also available by phone.
TELEPHONE CONFERENCE is scheduled.
Date: 08/02/2019
Time: 08:15 a.m.
Location: 2nd Floor Southwest
before Judge MICHAEL D DIREDA
SECOND DISTRICT COURT
10-03-2026 07:13 PM Page 195 of
CASE NUMBER: 921900407 State Felony259
2525 GRANT AVENUE
OGDEN, UT 84401
07-07-2019 1542 Filed: :notice of lodging acceptance of service-leon
denney
07-07-2019 1543 Filed: :Denney acceptance of service
07-07-2019 1544 Filed: Return of Electronic Notification
07-07-2019 1546 Filed: :acceptance of service-humphries
07-07-2019 1545 Filed: :notice of lodging acceptance of service-j
humphries
07-07-2019 1547 Filed: Return of Electronic Notification
07-07-2019 1549 Filed: :acceptance of service - Colleen Moorer
07-07-2019 1548 Filed: :notice of lodging-acceptance of service
Colleen Bartell Moore
07-07-2019 1550 Filed: Return of Electronic Notification
07-07-2019 1552 Filed: :acceptance of service- TOny Milar
07-07-2019 1551 Filed: :notice of lodging-acceptance of service-tony
milar
07-07-2019 1553 Filed: Return of Electronic Notification
07-07-2019 1555 Filed: :acceptance of service - Kent Tucker
07-07-2019 1554 Filed: :notice of lodging acceptance of service -Kent
Tucker
07-07-2019 1556 Filed: Return of Electronic Notification
07-07-2019 1557 Filed: :notice of lodging return of service-gary
webster
07-07-2019 1558 Filed: :return of service-gary webster
07-07-2019 1559 Filed: Return of Electronic Notification
07-07-2019 1561 Filed: : return of service-Blake Nielsen
07-07-2019 1560 Filed: :notice of lodging proof of service Blake
Nielsen
07-07-2019 1562 Filed: Return of Electronic Notification
07-07-2019 1563 Filed: : notice of lodging acceptance of service-
Russell Minas
07-07-2019 1564 Filed: :acceptance of service - Russell Minas
07-07-2019 1565 Filed: Return of Electronic Notification
07-07-2019 1567 Filed: : proof of service John Newton
07-07-2019 1566 Filed: :notice of lodging proof of service-Dr. John
Newton
07-07-2019 1568 Filed: Return of Electronic Notification
07-07-2019 1569 Filed: : Notice of Lodging proof of service-Brent
Scharman
07-07-2019 1570 Filed: : proof of service-Brent Scharman
07-07-2019 1571 Filed: : notice of lodging proof of service-jeannie
Thompson
07-07-2019 1572 Filed: : proof of service-jeannie Thompson
07-07-2019 1573 Filed: Return of Electronic Notification
07-07-2019 1574 Filed: Return of Electronic Notification
07-07-2019 1575 Filed: : notice of lodging proof of service-gary heward
07-07-2019 1576 Filed: : proof of service-gary heward
07-07-2019 1577 Filed: Return of Electronic Notification
07-07-2019 1578 Filed: :notice of lodging proof of service-shane minor
07-07-2019 1579 Filed: :proof of service-Shane Minor
07-07-2019 1580 Filed: : Notice of Lodging proof of service-Holly
Neville
07-07-2019 1581 Filed: : Proof of Service-Holly Neville
07-07-2019 1582 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 196 of
CASE NUMBER: 921900407 State Felony259
07-07-2019 1583 Filed: Return of Electronic Notification
07-07-2019 1585 Filed: : Proof of Service-Paul Kirkpatrick
07-07-2019 1584 Filed: :notice of lodging proof of service-Paul
Kirkpatrick
07-07-2019 1586 Filed: Return of Electronic Notification
07-07-2019 1587 Filed: : Notice of Lodging proof of service-Jack Ford
07-07-2019 1588 Filed: : Proof of Service-Jack Ford
07-07-2019 1589 Filed: : Notice of Lodging proof of service-Jeffery
Thomson
07-07-2019 1590 Filed: : Proof of service: Jeffrey Thomson
07-07-2019 1592 Filed: Return of Electronic Notification
07-07-2019 1591 Filed: Return of Electronic Notification
07-09-2019 1593 Filed: TRANSCRIPT for Hearing of 07-05-2019
07-13-2019 1594 Filed: : Notice of Lodging acceptance of service: Carl
Jacobsen
07-13-2019 1595 Filed: : acceptance of service-Carl Jacobsen
07-13-2019 1596 Filed: Return of Electronic Notification
07-13-2019 1597 Filed: : Notice of Lodging proof of service-Robert
Brunson
07-13-2019 1598 Filed: : Proof of service-Robert Brunson
07-13-2019 1599 Filed: Return of Electronic Notification
07-17-2019 1600 Filed: Order to Producve for Telephone Conference
07-17-2019 Note: order emailed
07-17-2019 1601 Filed: : Notice of Lodging acceptance of service -debra
motteshard
07-17-2019 1602 Filed: : acceptance of service -debra motteshard
07-17-2019 1603 Filed: Return of Electronic Notification
07-17-2019 1604 Filed: : Notice of Lodging proof of service: Daniel
McConkie
07-17-2019 1605 Filed: Proof Of: Proof of Service: Daniel McConkie
07-17-2019 1606 Filed: Return of Electronic Notification
07-22-2019 1607 Filed: : Douglas Lovells Supplemental Memo-re: LDS
Church and waiver of atty/client privilege.
07-22-2019 1608 Filed: Return of Electronic Notification
07-26-2019 1609 Filed: States Amended Witness List for Rule 23B
Evidentiary Hearing
07-26-2019 1610 Filed: Return of Electronic Notification
07-26-2019 1611 Filed: Notice of Filing of Acceptance of Service -
Subpoena - Barbara Townsend
07-26-2019 1612 Filed: Return of Electronic Notification
07-26-2019 1614 Filed: Acceptance of Service - Subpoena Duces Tecum -
Barbara Townsend
07-26-2019 1613 Filed: Notice of Filing of Acceptance of Service -
Subpoena Duces Tecum - Barbara Townsend
07-26-2019 1615 Filed: Return of Electronic Notification
07-26-2019 1617 Filed: Acceptance of Service - Subpoena - Michael
Bouwhuis
07-26-2019 1616 Filed: Notice of Filing of Acceptance of Service -
Subpoena - Michael Bouwhuis
07-26-2019 1618 Filed: Return of Electronic Notification
07-28-2019 1620 Filed: : Acceptance of Service-Amy Humphrey
07-28-2019 1619 Filed: : Notice of Lodging Acceptance of Service-Amy
Humphrey
07-28-2019 1621 Filed: Return of Electronic Notification
07-28-2019 1623 Filed: : Notice of lodging acceptance of service-Marissa
Sandall-Barrus
10-03-2026 07:13 PM Page 197 of
CASE NUMBER: 921900407 State Felony259
07-28-2019 1622 Filed: : acceptance of service-Marissa Sandall-Barrus
07-28-2019 1624 Filed: Return of Electronic Notification
07-29-2019 1625 Filed order: Request and Order for Electronic Media
Coverage
Judge MICHAEL D DIREDA
Signed July 29, 2019
07-29-2019 1626 Filed: Response to Defendant Douglas A. Lovells
Supplemental Memorandum Regarding Waiver of Attorney-
Client Privilege
07-29-2019 1627 Filed: Return of Electronic Notification
07-31-2019 1628 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed July 31, 2019
07-31-2019 1629 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed July 31, 2019
08-01-2019 1630 Filed: : notice of lodging proof of service-Sean Young
08-01-2019 1631 Filed: : proof of service sean young
08-01-2019 1632 Filed: : subpoena for sean young
08-01-2019 1633 Filed: Return of Electronic Notification
08-01-2019 1634 Filed: Motion in Limine to Exclude Evidence and
Testimony About Church Policy and Doctrine
Filed by: .
08-01-2019 1637 Filed: Order (Proposed) Granting Statement of Discovery
Issues re Subpoena to Brent Scharman
08-01-2019 1638 Filed: Order (Proposed) Granting Statement of Discovery
Issues re Subpoena to Daniel McConkie
08-01-2019 1635 Filed: Statement of Discovery Issues re Subpoena to
Brent Scharman
08-01-2019 1636 Filed: Statement of Discovery Issues re Subpoena to
Daniel McConkie
08-01-2019 1639 Filed: Return of Electronic Notification
08-02-2019 Minute Entry - TELEPHONE CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
TELEPHONE CONFERENCE
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Other Attorneys: JORDAN BLEDSOE
Other Attorneys: DAVID J JORDAN
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 080219 Tape Count: 825-910
HEARING
10-03-2026 07:13 PM Page 198 of
CASE NUMBER: 921900407 State Felony259
Time set for a telephone conference.
Counsel is present.
Case is discussed with counsel.
Counsel to exchange information as directed by the
Court. Counsel to further discuss unresolved issues
between them.
If issues continue to be unresolved, the Court will
make the final decision.
Case will proceed to a hearing on Monday, August 5,
2019.
08-02-2019 1640 Filed: Motion in Limine
Filed by: STATE OF UTAH
08-02-2019 1641 Filed: Return of Electronic Notification
08-02-2019 1642 Filed: : Exhibit I to Initial response, emails between
7/3/19 and 7/26/19
08-02-2019 1643 Filed: Reply: Initial response to LDS Church pleading
regarding Brent Scharman
08-02-2019 1644 Filed: Return of Electronic Notification
08-03-2019 1645 Filed: Opposition to: Mr. Lovells opposition to the
States motion in limine
08-03-2019 1646 Filed: Return of Electronic Notification
08-05-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 080519 Tape Count: 1120-445
HEARING
10-03-2026 07:13 PM Page 199 of
CASE NUMBER: 921900407 State Felony259
Matter is before the court for a 23B hearing.
9:00 a.m. - 11:20 a.m.
Case is discussed with counsel in-chambers. A
record is made as the court reporter is present.
Counsel for the Church of Jesus Christ of Latter Day
Saints is excused until certain witnesses testify.
1122 Witness #1, Russell Minas, is duly sworn and
testifies under direct examination.
1143 Exhibit D2 is offered and received.
1144 Witness #1 is cross examined by Mr. Field.
1152 Exhibit S1 is offered and received.
1221 Redirect examination by Ms. Coebergh.
1233 Recross examination by Mr. Field.
1242 A recess is taken for lunch.
132 Court reconvenes.
132 Witness #2, Leon Denney, is duly sworn and
testifies under direct examination.
208 Cross examination by Mr. Murphy.
226 Exhibit S2 is offered and received.
225 Redirect examination by Ms. Coebergh.
258 Recross examination by Mr. Murphy.
312 Witness #3, Holly Nevel, is duly sworn and
testifies under direct examination.
335 Cross examination by Mr. Murphy.
358 Redirect examination by Ms. Coeburgh.
404 Recross examination by Mr. Murphy.
440 Court convenes.
08-06-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: SHANE SMITH
Prosecutor: AARON MURPHY
Prosecutor: MARK FIELD
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 080619 Tape Count: 903-
HEARING
10-03-2026 07:13 PM Page 200 of
CASE NUMBER: 921900407 State Felony259
Case is called.
909 Witness #4, Michael Bouwhuis, is duly sworn
and testifies under direct examination by Ms.
Coebergh.
1031 Exhibit D6 is offered and received.
1051 A record is made by Ms. Coebergh on
housekeeping matters.
1052 Direct examination continues.
1100 Cross examination by Mr. Murphy.
1109 Exhibit S5 is offered and received.
1114 Exhibit S6 is offered and received.
1122 Exhibit S7 is offered and received.
1124 Exhibit S8 is offered and received.
1129 Exhibit S9 is offered and received.
1130 Exhibit S10 is offered and received.
1156 Break for lunch.
106 Court reconvenes.
106 Cross examination continues.
124 Exhibit S11 is offered and received.
133 Exhibit S12 is offered and received.
135 Redirect examination by Ms. Coebergh.
201 Recross examination by Mr. Murphy.
205 Mr. Bouwhuis is released.
207 Recess.
243 Court reconvenes.
244 Ms. Coebergh addresses the Court. fro
326 Exhibit D5 is offered and received.
327 Recross examination by Mr. Murphy.
348 Redirect examination by Ms. Coebergh.
350 The Court gives its findings for the record
as to witnesses listed on the Order from the Supreme
Court.
435 Court convenes for the day.
08-06-2019 1648 Filed: Motion to Quash Respondents Objection to and
Motion to Quash or Modify Subpoena
08-06-2019 1647 Filed: Objection to Respondents Objection to and Motion
to Quash or Modify Subpoena
08-06-2019 1649 Filed: Return of Electronic Notification
08-07-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 080719 Tape Count: 906-1259
HEARING
10-03-2026 07:13 PM Page 201 of
CASE NUMBER: 921900407 State Felony259
Matter is before the Court for a continued hearing.
908 Witness Jeff Thompson is duly sworn and
testifies under direct examination by Ms. Coebergh.
937 Exhibit D8 is offered and received.
939 Break.
956 Court reconvenes.
956 Cross examination of Mr. Thompson
continues.
1001 Exhibit D9 is offered and received.
1022 Exhibit D7 is offered and received.
1022 Mr. Thompson testifies under cross
examination by Mr. Smith.
1047 Redirect examination.
1101 Recross examination.
1004 Mr. Thompson is excused.
1005 Break.
1114 Court reconvenes.
1115 Witness Christopher Shaw is duly sworn and
testifies under direct examination by Ms. Coebergh.
1128 Exhibit D10 is offered and received.
1128 Mr. Shaw testifies under cross examination
by Mr. Smith.
1144 Mr. Shaw is excused.
1145 States exhibits S13, S14, S3 and S4 are
offered and received.
1146 Court hears from counsel as to a document
signed by Mr. Young.
1259 Court convenes until Monday, August 12, 2019
at 9:00 a.m.
08-07-2019 1650 Filed order: Order Granting Statement of Discovery
Issues re Subpoena to Brent Scharman
Judge MICHAEL D DIREDA
Signed August 07, 2019
08-07-2019 1651 Filed order: Order Granting Statement of Discovery
Issues re Subpoena to Daniel McConkie
Judge MICHAEL D DIREDA
Signed August 07, 2019
08-07-2019 1652 Filed: Return of Electronic Notification
08-07-2019 1653 Filed: Return of Electronic Notification
08-08-2019 1654 Filed: Motion to strike LDS Churchs Motion to Exclude
evidence
Filed by: DOUGLAS A LOVELL
08-08-2019 1655 Filed: Return of Electronic Notification
08-09-2019 1657 Filed: :exhibit I consent and settlement agreement
08-09-2019 1656 Filed: Opposition to: Douglas Lovells opposition to
States Oral Motion for discovery re: Sam Newton
08-09-2019 1658 Filed: : Exhibit II to Opposition to States Oral Motion-
affidavit of consent
08-09-2019 1659 Filed: : Exhibit III to opposition to States Oral
motion-transcript 8/22/2018
08-09-2019 1660 Filed: Return of Electronic Notification
08-09-2019 1661 Filed: Return of Electronic Notification
08-09-2019 Cancelled: 23 B HEARING scheduled on August 09, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Request of counsel
08-09-2019 Cancelled: 23 B HEARING scheduled on August 21, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Counsel's request.
08-09-2019 Cancelled: 23 B HEARING scheduled on August 26, 2019 at
09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
10-03-2026 07:13 PM Page 202 of
CASE NUMBER: 921900407 State Felony259
Reason: Counsel's request.
08-09-2019 1662 Filed: Motion to Strike
Filed by: STATE OF UTAH
08-09-2019 1663 Filed: Return of Electronic Notification
08-10-2019 1664 Filed: TRANSCRIPT for Hearing of 08-07-2019
08-12-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: MOOREHEAD, PHOEBE
Prosecutor: SHANE SMITH
Prosecutor: AARON MURPHY
Prosecutor: MARK FIELD
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 081219 Tape Count: 903-505
HEARING
903 Case called. A record is made of the
parties that are present.
905 Witness Rebecca Peterson-Douglas, is duly
sworn and testifies under direct examination by Ms.
Coebergh.
1005 Exhibit D11 is offered.
1008 Exhibit D11 is received.
1148 Lunch break.
105 Court reconvenes.
106 Cross examination of Mrs. Peterson-Douglas
by Mr. Field.
120 Redirect.
139 Recross.
210 Break.
223 Court reconvenes.
224 Witness Gary Webster is duly sworn and
testifies under direct examination by Mrs. Coebergh.
356 Cross examination of Mr. Webster by Mr.
Field.
427 Redirect.
443 Recross.
456 Re-redirect.
458 Re-recross.
504 Court convenes for the day.
08-12-2019 1665 Filed order: Request and Order for Electronic Media
Coverage for Court Proceedings
Judge MICHAEL D DIREDA
Signed August 12, 2019
08-13-2019 Fee Account created Total Due: 10.00
08-13-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: PHOEBE MOORHEAD
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
10-03-2026 07:13 PM Page 203 of
CASE NUMBER: 921900407 State Felony259
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 081319 Tape Count: 941-
HEARING
Counsel met with the Court in chambers. A record of
the conversation was made by the court reporter.
941 Case called.
943 Witness Carl Ferguson is duly sworn and
testifies under direct examination by Ms. Coebergh.
1055 Exhibit D18 is offered and received.
1103 Cross examination by Mr. Murphy.
1119 Redirect examination.
1127 Recross examination.
1128 Mr. Ferguson is excused.
1131 Court convenes for the day.
08-13-2019 Fee Account created Total Due: 10.00
08-13-2019 AUDIO TAPE COPY Payment Received: 10.00
08-13-2019 AUDIO TAPE COPY Payment Received: 10.00
08-13-2019 Note: CD request done for pick up for Aug 12
08-13-2019 Note: CD made for Aug 5th and a CD for Aug 6th
08-14-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 081419 Tape Count: 910-1027
HEARING
Case is called.
911 Witness, Gary Heward, is duly sworn and
testifies under direct examination by Ms. Coebergh.
914 Cross examination by Mr. Smith.
922 Redirect.
926 Recross.
927 Redirect.
933 Recross.
936 Mr. Heward is excused.
Counsel then addresses the court.
The Court will disallow Ms. Townsend and Mr.
Newton's testimony due to the late disclosures. The
OP Statement will be allowed.
Mr. Smith withdraws the State's Motion to Strike.
1027 Court adjourns.
08-15-2019 1666 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed August 15, 2019
10-03-2026 07:13 PM Page 204 of
CASE NUMBER: 921900407 State Felony259
08-15-2019 1667 Filed: Opposition to Limited Intervenor Corporation of
The President of The Church of Jesus Christ of Latter-
Day Saints Response to Lovells Motion to Strike Motion
in Limine to Exclude Evidence and Testimony
08-15-2019 1668 Filed: Return of Electronic Notification
08-16-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 081619 Tape Count: 911-241
HEARING
Court convenes.
912 Witness, Dr. John Newton, is duly sworn
and testifies under direct examination by Ms.
Coebergh.
930 Exhibits D19, D20 and D21 are offered and
received.
1104 Exhibit D24 is offered and received.
1105 Cross examination by Mr. Field.
1148 Break for lunch.
102 Court reconvenes. Cross examination
continues.
134 Redirect.
143 Recross.
148 Mr. Newton is excused.
149 Witness Kent Tucker is duly sworn and
testifies under direct examination by Ms. Coebergh.
215 Exhibit D25 is offered and received.
223 Cross examination by Mr. Field.
233 Redirect.
234 Recross.
235 Redirect.
238 Recross.
240 Mr. Tucker is excused.
241 Court is adjourned.
08-19-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SPROUSE, SUSAN
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 081919 Tape Count: 908-405
10-03-2026 07:13 PM Page 205 of
CASE NUMBER: 921900407 State Felony259
HEARING
Matter is before the court for a continued hearing
on a 23B remand.
908 Case is called.
909 Witness Sean Young, is duly sworn and
testifies under direct examination.
940 Exhibit D26 is offered and received.
1041 Exhibit D29 is offered and received.
1050 Exhibit D30 is offered and received.
1109 Exhibit D28 is offered and received.
A recess is taken. Court meets with
counsel in chambers.
1134 Exhibit D28 is reserved by the Court.
1136 Lunch break.
100 Court reconvenes. Direct examination of Mr.
Young continues.
108 Exhibit D28 is again offered and received.
110 Exhibit D32 is offered but denied.
137 Exhibit D33 is offered and received.
150 Exhibit D34 is offered and received.
202 Exhibit D35 is offered and received.
205 Exhibit D36 is offered and received.
237 Exhibit D37 and D38 are offered and
received.
312 Exhibit D39 and D40 are offered and
received.
325 Exhibit D41 is offered and received.
405 Court adjourns for the day.
08-20-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: SHANE SMITH
Prosecutor: AARON MURPHY
Prosecutor: MARK FIELD
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 082019 Tape Count: 907-504
HEARING
10-03-2026 07:13 PM Page 206 of
CASE NUMBER: 921900407 State Felony259
907 Case called.
908 Witness Sean Young is reminded he is still
under oath.
Direct examination by Ms. Coebergh
continues.
1043 Exhibit D44 is offered and received.
1044 Break.
1105 Court reconvenes.
1109 Exhibit D45 is offered and received.
1117 Break.
1215 Counsel meets with the Court in-chambers, then
a lunch break is taken.
115 Court reconvenes.
116 Counsel returns and is seated. Counsel then
breaks to make a record in chambers.
126 Counsel is seated. Direct examination
continues on Mr. Young.
149 Exhibit D46 is offered and received.
230 Exhibit D47 is offered and received.
304 Exhibit D48 is offered and received.
305 Break.
321 Court convenes.
428 Exhibit D51 is offered and received.
500 Exhibit D50 is offered and received.
504 Court adjourns for the day. The Court and
counsel agree to continue Mr. Young's testimony on
Wednesday, August 21, 2019. The clerk has made
arrangements to have Mr. Lovell transported.
08-21-2019 23 B HEARING scheduled on August 21, 2019 at 09:00 AM in
2nd Floor Southwest with Judge MICHAEL D DIREDA
08-21-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: HARMON, KATIE
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 082119 Tape Count: 916-946
HEARING
916 Case is called.
916 Witness Sean Young continues under oath.
Mr. Young continues to testify under direct
examination by Ms. Coebergh.
926 Exhibit D52 is offered and received.
938 Exhibit D53 is offered and received.
941 Court voir dires the witness.
946 Court convenes.
08-22-2019 1669 Filed: : Douglas Lovells 3rd Amended Witness List
08-22-2019 1670 Filed: Return of Electronic Notification
08-22-2019 Fee Account created Total Due: 22.50
08-22-2019 AUDIO TAPE COPY Account Adjustment Total Due: 0.00
Reason: Created under wrong payor.
08-22-2019 Fee Account created Total Due: 22.50
08-22-2019 AUDIO TAPE COPY Account Adjustment Total Due: 0.00
Reason: Created in Error.
08-22-2019 Fee Account created Total Due: 22.50
10-03-2026 07:13 PM Page 207 of
CASE NUMBER: 921900407 State Felony259
08-22-2019 AUDIO TAPE COPY Payment Received: 22.50
08-23-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: PHOEBE MOREHEAD
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 082319 Tape Count: 121-530
HEARING
121 Case is called. All parties are present.
124 Witness, Melissa Day, is duly sworn and
testifies under direct examination by Ms. Coebergh.
132 Exhibit D49 is offered and received.
134 Exhibit D54 is offered and received.
138 Exhibit D55 is offered and received.
141 Exhibit D56 is offered and received.
146 Exhibit D57 is offered and received.
148 Exhibit D58 is offered and received.
150 Exhibit D59 is offered and reserved.
159 Exhibit D60 is offered and received.
202 Exhibit D62 is offered and received.
210 Exhibit D63 is offered and received.
213 Exhibit D64 is offered and received.
214 Exhibit D65 is offered then withdrawn.
220 Exhibit D68 is offered and received.
224 Exhibit D69 is offered and received.
227 Exhibit D70 is offered and received.
229 Exhibit D71 is offered and received.
232 Exhibit D72 is offered and received.
234 Exhibit D73 is offered and received.
244 Exhibits D74 and D75 are offered and
received.
249 Exhibit D76 is offered and received.
252 Exhibit D77 is offered and received.
257 Exhibit D78 is offered and received.
304 Exhibit D78 is again offered and received.
306 Exhibit D79 is offered and received.
312 Exhibit D80 is offered and received.
312 Break.
327 Court reconvenes.
327 Cross examination by Mr. Smith.
351 Exhibits S15, S16 and S17 are offered and
received.
410 Exhibits S18 and S19 are offered and
received.
419 Exhibit S20 is offered and received.
451 Exhibits S21, S22, S23, S24 and S25 are
offered and received.
451 Redirect.
459 Recross.
504 Witness is excused.
Court and counsel discuss other matters.
530 Court adjourns.
08-23-2019 Note: Stoel Rives LLP notified that CDs were ready for pick up.
08-27-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
10-03-2026 07:13 PM Page 208 of
CASE NUMBER: 921900407 State Felony259
Reporter: HARMON, KATIE
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 082719 Tape Count: 909-519
HEARING
10-03-2026 07:13 PM Page 209 of
CASE NUMBER: 921900407 State Felony259
909 Case called. Parties are all present.
910 Witness Michael Bouwhuis is duly sworn and
testifies under direct examination by Ms. Coebergh.
926 Exhibit D81 is offered and received.
929 Exhibit D82 is offered and received.
931 Exhibit D83 is offered.
935 Exhibit D83 is received.
939 Exhibit D84 is offered and received.
944 Exhibit D85 is offered and received.
1000 Exhibit D86 is offered and received.
1004 Exhibit D87 is offered and received.
1007 Exhibit D88 is offered and received.
1012 Exhibit D89 is offered and received.
1020 Exhibit D90 is offered and received.
1025 Exhibit D91 is offered and received.
1029 Exhibit D92 is offered and received.
1033 Exhibit D93 is offered and received.
1036 Exhibit D94 is offered and received.
1038 Exhibit D95 is offered and received.
1040 Exhibit D96 is offered and received.
1043 Exhibit D97 is offered and received.
1044 Break.
1101 Court reconvenes.
1103 Exhibit D98 is offered and received.
1106 Exhibit D99 is offered and received.
1109 Exhibit D100 is offered and received.
1113 Exhibit D101 is offered and received.
1116 Exhibit D102 is offered and received.
1119 Exhibit D103 is offered and received.
1132 Exhibit D104 is offered and received.
1134 Exhibit D105 is offered and received.
1138 Exhibit D106 is offered and received.
1142 Exhibit D107 is offered and received.
1147 Exhibit D108 is offered and received.
1151 Exhibit D109 is offered and received.
1153 Exhibit D110 is offered and received.
1155 Exhibit D111 is offered and received.
1159 Exhibit D112 is offered and received.
1159 Break for lunch.
100 Court reconvenes.
113 Witness Bouwhuis testifies under cross
examination by Mr. Murphy.
134 Exhibit S26 and S27 are offered and received.
147 Exhibit S28 is offered and received.
200 Exhibit S29 is offered and received.
226 Exhibit S30 is offered and received.
234 Exhibit S31 is offered and received.
250 Exhibit S32 is offered and received.
302 Exhibit S33 is offered and received.
335 Break.
345 Court reconvenes.
357 Exhibit S35 is offered and received.
402 Exhibit S36 is offered and received.
410 Exhibit S37 is offered and received.
422 Redirect examination by Ms. Coebergh.
428 Exhibit D113 is offered and received.
500 Mr. Bouwhuis' testimony is completed for the
day. The Court and counsel discuss further dates to
continue with his testimony.
An additional two days are scheduled by the Court.
518 Court adjourns.
08-27-2019 1672 Filed: Acceptance of Service - Subpoena - Peter
Schofield
08-27-2019 1671 Filed: Notice of Filing of Acceptance of Service -
Subpoena Peter Schofield
08-27-2019 1674 Filed: Acceptance of Service - Subpoena - Joseph Osmond
08-27-2019 1673 Filed: Notice of Filing of Acceptance of Service -
Subpoena Joseph Osmond
10-03-2026 07:13 PM Page 210 of
CASE NUMBER: 921900407 State Felony259
08-27-2019 1676 Filed: Acceptance of Service - Subpoena - Daniel
McConkie
08-27-2019 1675 Filed: Notice of Filing of Acceptance of Service -
Subpoena Daniel McConkie
08-27-2019 1678 Filed: Return of Electronic Notification
08-27-2019 1677 Filed: Return of Electronic Notification
08-27-2019 1679 Filed: Return of Electronic Notification
08-27-2019 23 B HEARING scheduled on September 30, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
08-27-2019 Rescheduled: 23 B HEARING rescheduled to September 13,
2019 at 01:00 PM in 2nd Floor Southwest with Judge
MICHAEL D DIREDA
08-28-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: PHOEBE MOOREHEAD
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 082819 Tape Count: 929-128
HEARING
929 Case called. Parties present are made for
the record.
930 Witness Stanley Brent Scharman, is duly
sworn and testifies under direct examination by Ms.
Coebergh.
1142 Court adjourns for a break. Court will
research argument on exhibit D114.
1206 Court reconvenes. The Court makes a record
as to its decision on the exhibit.
1220 Lunch break.
103 Court convenes.
104 Witness Scharman testifies under cross
examination by Mr. Field.
123 Witness is excused.
128 Court adjourns.
08-28-2019 1680 Filed order: 23 B HEARING
Judge MICHAEL D DIREDA
Signed August 28, 2019
08-30-2019 23 B HEARING scheduled on October 28, 2019 at 09:00 AM
in 2nd Floor Southwest with Judge MICHAEL D DIREDA
08-30-2019 Cancelled: 23 B HEARING scheduled on November 04, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
08-30-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
10-03-2026 07:13 PM Page 211 of
CASE NUMBER: 921900407 State Felony259
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 083019 Tape Count: 903-230
HEARING
903 Case called. A record is made of the
parties that are present.
905 Witness Sean Young, is duly sworn and
testifies under cross examination by Mr. Field.
921 Exhibit S38 is offered and received.
927 Exhibit S39 is offered and received.
939 Exhibit S40 is offered and received.
1008 Exhibit S41 is offered and received.
1045 Break.
1110 Cross examination continues.
1215 Lunch break.
116 Cross examinaiton continues.
142 Redirect by Ms. Coebergh.
151 Recross.
152 Redirect.
154 Mr. Young is excused.
Court discusses scheduling of witnesses with
counsel. An additional two days are scheduled for
the hearing, October 28, 2019 at 9:00- a.m. and
November 4, 2019 at 9:00 a.m.
23 B HEARING.
Date: 11/04/2019
Time: 09:00 a.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
09-13-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COEBERGH, COLLEEN
Clerk: katiehg
Audio
Tape Number: 2d09132019 Tape Count: 1:23-2:29
HEARING
10-03-2026 07:13 PM Page 212 of
CASE NUMBER: 921900407 State Felony259
This is time set for a 23 B hearing.
Court reporter is present.
1:25: Defendant's witness, Mike Bouwhuis, is sworn
on the record.
1:26: Re-cross examination by Ms. Coeburgh.
1:43: Re-direct examination by Mr. Murphy.
2:03: Re-cross examination.
2:05: Ms. Coeburgh shows witness a copy of the
docket from 3/20/15. Mr. Bouwhuis testifies as to
this document.
2:23: Mr. Murphy objects. Ms. Coeburgh clarifies the
question.
2:24: Re-direct examination.
2:25: Witness stands down and is excused.
Matter shall resume 9/30/19 at 9:00 a.m.
09-17-2019 1681 Filed: TRANSCRIPT for Hearing of 08-23-2019
09-17-2019 1682 Filed: TRANSCRIPT for Hearing of 08-12-2019
09-17-2019 1683 Filed: TRANSCRIPT for Hearing of 08-13-2019
09-17-2019 1684 Filed: TRANSCRIPT for Hearing of 08-28-2019
09-17-2019 Fee Account created Total Due: 10.00
09-17-2019 AUDIO TAPE COPY Account Adjustment Total Due: 0.00
Reason: Created in error.
09-24-2019 1685 Filed: TRANSCRIPT for Hearing of 08-02-2019
09-24-2019 1686 Filed: TRANSCRIPT for Hearing of 06-12-2019
09-24-2019 1687 Filed: TRANSCRIPT for Hearing of 08-06-2019
09-24-2019 1688 Filed: TRANSCRIPT for Hearing of 09-13-2019
09-30-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: PHOEBE MOORHEAD
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Prosecutor: SHANE SMITH
Other Attorneys: JORDAN BLEDSOE
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 093019 Tape Count: 908-946
HEARING
Time set for a continued hearing on a 23 B remand.
Counsel is present.
Defendant is present.
Ms. Coebergh is unable to proceed this morning as
her witness has not appeared.
Text communication with her witness indicates she
will not be able to appear today.
A record is made of witnesses whom will be called on
October 28, 2019.
Mr. Bledsoe makes a record as to his client, Brett
Charmin.
Court convenes.
09-30-2019 Fee Account created Total Due: 10.00
10-02-2019 AUDIO TAPE COPY Account Adjustment Total Due: 10.00
Reason: Fee created in error
10-02-2019 AUDIO TAPE COPY Account Adjustment Total Due: 10.00
10-03-2026 07:13 PM Page 213 of
CASE NUMBER: 921900407 State Felony259
Reason: Error
10-02-2019 AUDIO TAPE COPY Account Adjustment Total Due: 0.00
Reason: Error
10-04-2019 Fee Account created Total Due: 30.00
10-04-2019 AUDIO TAPE COPY Payment Received: 30.00
10-07-2019 Note: Mailed audio cd's from 03/30/15, 08/13/19 and 08/21/19 to
Candice Madsen.
10-15-2019 1689 Filed: TRANSCRIPT for Hearing of 08-07-2019
10-17-2019 1691 Filed: TRANSCRIPT for Hearing of 08-16-2019
10-17-2019 1692 Filed: TRANSCRIPT for Hearing of 09-13-2019
10-17-2019 1693 Filed: TRANSCRIPT for Hearing of 08-19-2019
10-21-2019 1694 Filed: TRANSCRIPT for Hearing of 08-20-2019
10-21-2019 1695 Filed: TRANSCRIPT for Hearing of 08-21-2019
10-21-2019 1696 Filed: TRANSCRIPT for Hearing of 08-14-2019
10-27-2019 1697 Filed: TRANSCRIPT for Hearing of 08-27-2019
10-27-2019 1698 Filed: TRANSCRIPT for Hearing of 08-30-2019
10-28-2019 Fee Account created Total Due: 60.00
10-28-2019 Fee Account created Total Due: 14.00
10-28-2019 AUDIO TAPE COPY Payment Received: 60.00
10-28-2019 POSTAGE-COPIES Payment Received: 14.00
Note: POSTAGE-COPIES
10-28-2019 Minute Entry - 23 B HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE
Prosecutor: MARK FIELD
Prosecutor: SHANE SMITH
Prosecutor: AARON MURPHY
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 2D 102819 Tape Count: COURT REPO
HEARING
10-03-2026 07:13 PM Page 214 of
CASE NUMBER: 921900407 State Felony259
** 915-1135
Time set for a continued 23 B hearing.
Case is called.
916 Case is called.
916 Witness Jeannie Thompson is duly sworn.
916 Mr. Smith moves to voir dire the witness.
Court hears from counsel and denies the
motion. Direct examination commences.
1002 Mr. Smith renews the state's motion for
hearsay. Court hears from counsel. Ms. Coeburgh
is allowed to continue.
1004 Mr. Smith requests the court resolve the
issue of whether Ms. Coeburgh is laying a foundation
as to the book or getting into the
substance of the book.
1004 The court requests the witness leave the
witness stand as it hears further arguments from
counsel.
1005 Court hears from counsel. A recess is
taken.
1057 Court convenes. The court rules on the
admissibility of the excerpts that are contained in
exhibit D114.
The court cannot find that the
requirements of Rule 804 have been met. However,
when considering Rule 807, the
court will accept the excerpts under the residual
exception.
1110 Court hears from counsel.
1125 Ms. Coeburgh rests her case.
1127 The state rests.
1128 Closing arguments will be submitted by the
filing of proposed findings. The deadline is set
as January 31, 2020. Ms. Coeburgh will
also file a written pleading.
The court accepts exhibit D114, however,
only the excerpts will be admitted. Ms. Coeburgh
will provide a copy of the excerpts which
will be labeled as D114-A.
Court convenes.
10-31-2019 1699 Filed: TRANSCRIPT for Hearing of 08-05-2019
11-01-2019 Cancelled: 23 B HEARING scheduled on November 04, 2019
at 09:00 AM in 2nd Floor Southwest with Judge MICHAEL D
DIREDA
Reason: Court Ordered
11-04-2019 Note: CD requests sent to Ms Madsen
12-28-2019 1700 Filed: TRANSCRIPT for Hearing of 10-28-2019
01-27-2020 1701 Filed: Motion for extension in briefing
Filed by: DOUGLAS A LOVELL
01-27-2020 1702 Filed: Order (Proposed) granting stipulated motion for
extension for briefing
01-27-2020 1703 Filed: Return of Electronic Notification
01-27-2020 Note: Order to MDD
01-27-2020 1704 Filed order: Order granting stipulated motion for
extension for briefing
Judge MICHAEL D DIREDA
Signed January 27, 2020
01-27-2020 1705 Filed: Return of Electronic Notification
02-07-2020 1706 Filed: Notice of Withdrawal of Counsel
02-07-2020 1707 Filed: Return of Electronic Notification
02-21-2020 1708 Filed: Motion (Stipulated) for Extension of Time
10-03-2026 07:13 PM Page 215 of
CASE NUMBER: 921900407 State Felony259
Filed by: STATE OF UTAH
02-21-2020 1709 Filed: Request/Notice to Submit for Decision
02-21-2020 1710 Filed: Order (Proposed) Granting Stipulated Motion for
Extension of Time
02-21-2020 1711 Filed: Return of Electronic Notification
02-21-2020 1712 Filed: Return of Electronic Notification
02-26-2020 Fee Account created Total Due: 240.00
02-26-2020 COPY FEE Payment Received: 240.00
03-05-2020 1713 Filed order: Order Granting Stipulated Motion for
Extension of Time
Judge MICHAEL D DIREDA
Signed March 05, 2020
03-05-2020 1714 Filed: Return of Electronic Notification
03-30-2020 1715 Filed: Motion for Extension of Time
Filed by: STATE OF UTAH
03-30-2020 1717 Filed: Order (Proposed) Granting Stipulated Motion for
Extension of Time
03-30-2020 1716 Filed: Request/Notice to Submit for Decision
03-30-2020 1718 Filed: Return of Electronic Notification
03-30-2020 1719 Filed: Return of Electronic Notification
04-03-2020 Note: Order to MDD
04-03-2020 1720 Filed order: Order Granting Stipulated Motion for
Extension of Time
Judge MICHAEL D DIREDA
Signed April 03, 2020
04-03-2020 1721 Filed: Return of Electronic Notification
04-23-2020 1722 Filed: Motion (Stipulated) for Extension of Time
Filed by: STATE OF UTAH
04-23-2020 1724 Filed: Order (Proposed) Granting Stipulated Motion for
Extension of Time
04-23-2020 1723 Filed: Request/Notice to Submit for Decision
04-23-2020 1725 Filed: Return of Electronic Notification
04-23-2020 1726 Filed: Return of Electronic Notification
04-27-2020 Note: Order to MDD
04-28-2020 Fee Account created Total Due: 10.00
04-28-2020 1727 Filed order: Order Granting Stipulated Motion for
Extension of Time
Judge MICHAEL D DIREDA
Signed April 28, 2020
04-28-2020 1728 Filed: Return of Electronic Notification
04-28-2020 AUDIO TAPE COPY Payment Received: 10.00
04-29-2020 Note: Emailed audio from 3/23/15, 7/5/19 & 8/12/19 to Candice
Madsen.
05-29-2020 1729 Filed: Motion: stipulated motion for extension for
filing briefing
Filed by: DOUGLAS A LOVELL
05-29-2020 1730 Filed: Order (Proposed) granting extension
05-29-2020 1731 Filed: Return of Electronic Notification
05-29-2020 Note: Order to MDD
06-04-2020 1732 Filed order: Order granting extension
Judge MICHAEL D DIREDA
Signed June 04, 2020
06-04-2020 1733 Filed: Return of Electronic Notification
07-01-2020 1734 Filed: Motion for extension of briefing deadline
10-03-2026 07:13 PM Page 216 of
CASE NUMBER: 921900407 State Felony259
Filed by: DOUGLAS A LOVELL
07-01-2020 1735 Filed: Order (Proposed) Granting Motion for Extension of
briefing deadline
07-01-2020 1736 Filed: Return of Electronic Notification
07-02-2020 1737 Filed: Notice of Submission of States Proposed Findings
of Fact and Conclusions of Law
07-02-2020 1738 Filed: Return of Electronic Notification
07-06-2020 Note: Order to MDD
07-14-2020 1739 Filed order: Order Granting Motion for Extension of
briefing deadline
Judge MICHAEL D DIREDA
Signed July 14, 2020
07-14-2020 1740 Filed: Return of Electronic Notification
07-31-2020 1744 Filed: Letter from Defendant
08-03-2020 1743 Filed order: Order on Stipulated Motion for Extension on
Briefing
Judge MICHAEL D DIREDA
Signed August 03, 2020
08-03-2020 1741 **** SEALED **** Filed: Motion for Extension of Breifing
08-04-2020 1742 Filed: Return of Electronic Notification
09-15-2020 1745 **** SEALED **** Filed: Motion for Extension of Briefing
09-17-2020 1746 Filed: Return of Electronic Notification
09-17-2020 1747 Filed: States Response to Motion for Extension of
Briefing
09-17-2020 1748 Filed: Return of Electronic Notification
11-12-2020 1749 Filed: Correspondence - Letter from Defendant
11-13-2020 1750 Filed: Return of Electronic Notification
11-13-2020 1751 Filed: Motion: Douglas Lovells Motion for Exhibits
Filed by: DOUGLAS A LOVELL
11-13-2020 1752 Filed: Return of Electronic Notification
11-16-2020 1753 Filed: States Opposition to Motion for Copies of
Evidentiary Hearing Exhibits
11-16-2020 1754 Filed: Return of Electronic Notification
11-23-2020 1755 Filed: Reply to States Opposition to Motion for Exhibits
11-23-2020 1756 Filed: Return of Electronic Notification
11-24-2020 1757 Filed: Request/Notice to Submit for Decision
11-24-2020 1758 Filed: Return of Electronic Notification
11-30-2020 STATUS HEARING scheduled on December 07, 2020 at 01:00
PM in 2nd Floor Southwest with Judge MICHAEL D DIREDA
11-30-2020 Minute Entry - DECISION
Judge: MICHAEL D DIREDA
PRESENT
Reporter: SUSAN SPROUSE
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
The defendant is in the custody of the Department of
Corrections Utah State Prison - Draper
Defendant not present
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Video
Tape Number: 2D 113020 Tape Count: 1015-1047
HEARING
10-03-2026 07:13 PM Page 217 of
CASE NUMBER: 921900407 State Felony259
Case is added to the courts calendar.
The court will address a notice to submit filed by
Ms. Coeburgh regarding exhibits.
The court hears from counsel.
The court grants the motion with respect to the
defendant's exhibits. The State previously provided
their exhibits by email.
Ms. Coeburgh will check with Stoehl Reeves first to
see if they have scanned their copies and can make
them available to her.
A follow up conference is scheduled for Monday,
December 7, 2020 at 1:00 p.m.
STATUS HEARING is scheduled.
Date: 12/07/2020
Time: 01:00 p.m.
Location: 2nd Floor Southwest
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
12-01-2020 1759 Filed: Return of Electronic Notification
12-07-2020 Minute Entry - STATUS HEARING
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MARK FIELD
Prosecutor: AARON MURPHY
Defendant not present
Defendant's Attorney(s): COLLEEN COEBERGH
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: monicaf
Audio
Tape Number: 2A-12072020 Tape Count: 1:02-1:13
HEARING
This is the time set for Status Hearing to determine
date for filing of pleadings. Parties are present,
defendant's attendance is unnecessary for today's
proceedings.
Proposed findings of fact and conclusions of law due
by January 29, 2021 by defense counsel.
Court intends to move forward with the court's
ruling on January 29, 2021 with or without
submission.
12-08-2020 1760 Filed: Proposed Findings of Fact and Conclusions of Law
re Alleged Interference by Outside Counsel for Limited
Intervenor Corporation of the President of the Church of
Jesus Christ of Latter-day Saints
12-08-2020 1761 Filed: Return of Electronic Notification
12-10-2020 1762 Filed: Correspondence-Letter from Defendant
12-15-2020 1763 Filed: Return of Electronic Notification
01-19-2021 Fee Account created Total Due: 75.00
01-19-2021 ELEC STORAGE MEDIUM Payment Received: 75.00
01-20-2021 Note: Requested audio emailed. SAB
02-10-2021 1764 Filed: Notice of Receipt of Defendants Proposed Findings
of Fact and Conclusions of Law
02-10-2021 1765 Filed: Return of Electronic Notification
02-26-2021 1766 Filed order: Findings of Fact and Conclusions of Law
Judge MICHAEL D DIREDA
Signed February 26, 2021
10-03-2026 07:13 PM Page 218 of
CASE NUMBER: 921900407 State Felony259
02-27-2021 1767 Filed: Return of Electronic Notification
03-16-2021 1768 Filed: Plaintiff's Exhibits List from Remand Hearing
03-16-2021 1769 Filed: Defendant's Exhibit List from Remand Hearing
03-16-2021 1771 Filed: Clerk's Certificate
03-17-2021 1772 Filed: Return of Electronic Notification
03-19-2021 Note: Record sent electronically to the Utah Supreme Court. One box
of exhibits (5 folders) sent to the Utah Supreme Court via
interoffice mail: Tracking 5550026214
12-20-2021 1773 Filed: Clerk's Certificate
12-20-2021 Note: Supplemental Appeal (additional transcripts) uploaded to
Google Drive
12-21-2021 1774 Filed: Return of Electronic Notification
08-03-2022 Judge CRAIG HALL assigned.
08-03-2022 Judge MICHAEL D DIREDA assigned.
02-24-2023 1775 Filed: Exhibit List (3/30/2015)
02-24-2023 1776 Filed: Exhibit List (11/14/2005)
02-24-2023 1777 Filed: Exhibit Receipt (1/5/2015)
02-24-2023 1778 Filed: Exhibit Receipt (6/24/2014)
02-24-2023 1779 Filed: Exhibit List (10/2/1996)
02-24-2023 1780 Filed: Exhibit List (7/29/1993)
02-25-2023 1781 Filed: Return of Electronic Notification
06-02-2023 Fee Account created Total Due: 3.25
06-02-2023 COPY FEE Payment Received: 3.25
12-15-2023 Note: Exhibit tracking extended due to appeal. SAB
06-05-2024 Note: Judge DiReda's notes (2 boxes) are moved into the exhibit
room. SAB
07-31-2024 Judge CRAIG HALL assigned.
08-14-2024 Note: Per Presiding Judge - case will remain with Judge DiReda.
08-14-2024 Judge MICHAEL D DIREDA assigned.
08-14-2024 1782 Filed: Copy of Opinion issued by The Supreme Court of
The State of Utah (Conviction affirmed; Sentence vacated
and remanded)
08-15-2024 1783 Filed: Return of Electronic Notification
08-15-2024 1784 Filed: Remittitur
08-16-2024 1785 Filed: Return of Electronic Notification
08-19-2024 VIRTUAL SCHEDULING CONFERENCE scheduled on August 26,
2024 at 11:30 AM with Judge MICHAEL D DIREDA
08-19-2024 Note: VIRTUAL SCHEDULING CONFERENCE calendar modified.
08-26-2024 VIRTUAL-SCHEDULING CONFERENCE scheduled on September 24,
2024 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-26-2024 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: NOTEWORTHY
Prosecutor: BRANDEN MILES
Prosecutor: CHRISTOPHER ALLRED
Prosecutor: JAMES RETALLICK
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): COLLEEN COEBERGH
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Defendant's Attorney(s): AMY FOWLER
Clerk: juanaq
10-03-2026 07:13 PM Page 219 of
CASE NUMBER: 921900407 State Felony259
Audio
Tape Number: 4D FTR/WBX Tape Count: 1135-1158
HEARING
Katie Harmon is the court reporter present from
Noteworthy.
Matter is before the Court for a status conference.
The case has been remanded from the Court of Appeals
for resentencing.
Mr. Retallick represents his office is in the
process of preparing a contract for Ms. Coeburgh's
review and signature.
The defendant has requested she proceed as counsel.
Ms. Coeburgh will accept the appointment once she
reviews and approves the contract. Mr. Retallick
represents his office is also looking at appointing
co-counsel to Ms. Coeburgh.
The Court will temporary appoint Mr. Retallick as
counsel.
The Court also requests Ms. Coeburgh, file a
declaration with the Court, once she has officially
accepted the appointment to file an Affidavit
outlining her ability/knowledge to handle this type
of case.
Mr. Miles reports appellate counsel has filed a
motion to stay the remittitur. Ms. Coeburgh makes
remarks for the record.
The Court will proceed to work the case until the
motion is stayed.
Case is continued for a virtual status conference.
The parties should have resolved the issue of
representation for the defendant by that time.
VIRTUAL-SCHEDULING CONFERENCE is scheduled.
Date: 09/24/2024
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
08-27-2024 1786 Filed: Return of Electronic Notification
08-29-2024 Note: Exhibits are returned from the Court of Appeals. SAB
08-29-2024 Note: Exhibit Storage Box: Near Judge's Notes
09-24-2024 1787 Filed: Copy of Order (Remittitur is recalled) from The
Supreme Court of The State of Utah
09-24-2024 Minute Entry - SCHEDULING CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Prosecutor: MILES, BRANDEN
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): JAMES RETALLICK
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: juanaq
Audio
10-03-2026 07:13 PM Page 220 of
CASE NUMBER: 921900407 State Felony259
Tape Number: 4D FTR Tape Count: 907-919
HEARING
Ms. Colleen Coeburgh is present.
Mr. Retallick reports a contact has been prepared,
however, final details are being worked out with Ms.
Coeburgh. Once finalized, the contract will need to
be approved by the county commission during their
meeting next week. Ms. Coeburgh continues as
appellate counsel, the contract will only be for the
sentencing hearing.
A second contract has also been prepared for Julie
George to represent Mr. Lovell as co-counsel.
Mr. Miles reports the Utah Supreme Court grants
their motion to recall and stay the remitter. A
copy of the order was received by his office on
September 9, 2024.
In checking the Court's records, a copy has not been
filed with the Court.
As a copy has not been received, the Court will
proceed to schedule another status conference. The
Court will await a copy of the Order. If and once
received, the Court will strike the status
conference.
** Off the record:
The Clerk's office received an email from the Utah
Supreme Court's Office stating a copy of the Order
was inadvertently not filed with the District Court.
A copy was provided and filed.
As per Judge DiReda, the status conference is
stricken. All parties are notified by email.
09-25-2024 1788 Filed: Return of Electronic Notification
01-22-2025 1789 Filed: EXHIBIT LIST -
01-22-2025 1790 Filed: EXHIBIT LIST -
01-22-2025 1791 Filed: EXHIBIT LIST -
01-22-2025 1792 Filed: EXHIBIT LIST - EVIDENTIARY HEARING
01-23-2025 1793 Filed: Return of Electronic Notification
02-04-2025 1794 Filed: EXHIBIT LIST - JURY TRIAL
02-05-2025 1795 Filed: Return of Electronic Notification
02-06-2025 Note: Physical exhibits (2 boxes) have been mailed via interoffice
mail to Supreme Court of Utah. Tracking numbers: 5550053143 &
5550053144
02-06-2025 Note: exhibits from 07/29/1993 are checked out for Utah Supreme
Court.
02-06-2025 Note: exhibits from 10/02/1996 are checked out for Utah Supreme
Court.
02-06-2025 Note: exhibits from 11/14/2005 EVIDENTIARY HEARING are checked out
for Utah Supreme Court.
02-06-2025 Note: exhibits from 03/30/2015 JURY TRIAL are checked out for Utah
Supreme Court.
02-20-2025 1796 Filed: Clerk's Certificate
02-21-2025 1797 Filed: Return of Electronic Notification
03-05-2025 1798 Filed: Remittitur
03-06-2025 1799 Filed: Return of Electronic Notification
03-06-2025 1800 Filed: Copy of Opinion issued by The Supreme Court of
The State of Utah (conviction affirmed - sentence
vacated and remanded)
03-07-2025 1801 Filed: Return of Electronic Notification
03-07-2025 NOTICE for Case 921900407 ID 25262406
03-07-2025 VIRTUAL-SCHEDULING CONFERENCE scheduled on March 25,
10-03-2026 07:13 PM Page 221 of
CASE NUMBER: 921900407 State Felony259
2025 at 08:30 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
03-08-2025 1802 Filed: Return of Electronic Notification
03-10-2025 Note: exhibits from 07/29/1993 have been secured and stored in an
evidence storage area.
03-10-2025 Note: exhibits from 03/30/2015 JURY TRIAL have been secured and
stored in an evidence storage area.
03-10-2025 Note: exhibits from 11/14/2005 EVIDENTIARY HEARING have been secured
and stored in an evidence storage area.
03-10-2025 Note: exhibits from 10/02/1996 have been secured and stored in an
evidence storage area.
03-25-2025 Note: INT Name changed from CHURCH OF JESUS CHRIST OF LATT
03-25-2025 Note: INT Name changed to .
03-25-2025 STATUS/SCHEDULING CONFERENCE scheduled on April 30, 2025
at 08:30 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
03-25-2025 Minute Entry - SCHEDULING CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Clerk: juanaq
Audio
Tape Number: 4D WBX Tape Count: 830-844
HEARING
All parties are present virtually.
Ms. Harmon with Noteworthy Reporting is present as
the court reporter.
Ms. Coeburgh represents herself and Ms. George have
signed the contract but are awaiting a counter
signature from the County Commission.
A request is made to continue matter until after the
contract is signed.
Court hears from the State.
The request is granted.
The court comments it does not intend to rule again
on past motions that have already been addressed.
Matter is continued for a virtual scheduling
conference on April 30, 2025 at 8:30 AM. Hearing
will be held virtually.
** Due to a clerical error, hearing was not recorded
on FTR, however, it was recorded on Webex.
Remote Appearance
STATUS/SCHEDULING CONFERENCE is scheduled.
Date: 04/30/2025
Time: 08:30 a.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=m5a6c
7c973082acc7ea652937fb1d9ded
10-03-2026 07:13 PM Page 222 of
CASE NUMBER: 921900407 State Felony259
This hearing will not take place at the courthouse.
It will be conducted remotely. Contact the court to
provide your current email address. If you do not
have access to a phone or other electronic device to
appear remotely, notify the court.
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
03-26-2025 1803 Filed: Return of Electronic Notification
04-25-2025 1804 Filed: Filing by Non-Party Motion for the Release and
Treatment of Private, Controlled and/or Protected
Records
04-25-2025 1805 Filed: Order (Proposed) for the Release and Treatment of
Private, Controlled and/or Protected Records Maintained
by UDC
04-25-2025 1806 Filed: Return of Electronic Notification
04-25-2025 1807 Filed: Appearance of Counsel/Notice of Limited
Appearance
04-25-2025 1808 Filed: Return of Electronic Notification
04-28-2025 Note: Order to MDD
04-29-2025 1809 Filed: certification
04-29-2025 1810 Filed: Order (Proposed) appointing counsel
04-29-2025 1811 Filed: Return of Electronic Notification
04-29-2025 1812 Filed: Appearance of Counsel/Notice of Limited
Appearance
04-29-2025 1813 Filed: Return of Electronic Notification
04-30-2025 1814 Filed: Request for Discovery
04-30-2025 VIRTUAL-STATUS CONFERENCE scheduled on June 27, 2025 at
02:30 PM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
04-30-2025 1815 Filed: Return of Electronic Notification
04-30-2025 Minute Entry - SCHEDULING CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Prosecutor: CHRISTOPHER ALLRED
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): COLLEEN COEBERGH
Defendant's Attorney(s): JULIE GEORGE
Clerk: juanaq
Audio
Tape Number: 4B FTR/WBX Tape Count: 840-919
HEARING
10-03-2026 07:13 PM Page 223 of
CASE NUMBER: 921900407 State Felony259
Matter is before the Court for a sentencing hearing
After some discussion, dates are scheduled for jury
selection and a sentencing hearing.
A special questionnaire will be used. The
questionnaire will be exchange by counsel by January
26, 2026. A hearing will be scheduled for on or
about February 4, 2026 to discuss any objections to
the questionnaire. The Court sets February 9, 2026
as the deadline date to send the questionnaire out
to jury pool.
A possible jury pool of 200 individuals will be
requested. Jury questionnaire responses will be sent
to counsel in batches of 50.
State requests defense counsel file a Request for
Discovery as the information is ready for them. The
Court will sign the Order appointing defense counsel
as soon as it is sent to it's efile queue.
Mr. Lovell indicates he is in agreement with the
dates and appointment of defense counsel.
Remote Appearance
VIRTUAL-STATUS CONFERENCE is scheduled.
Date: 06/27/2025
Time: 02:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mf9a8
79e9e829361474d1e66a535c2b72
SENTENCING HEARING is scheduled.
Date: 03/20/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 03/23/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 03/24/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/06/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
10-03-2026 07:13 PM Page 224 of
CASE NUMBER: 921900407 State Felony259
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/07/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/08/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/10/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/13/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/14/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/15/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-03-2026 07:13 PM Page 225 of
CASE NUMBER: 921900407 State Felony259
SENTENCING HEARING.
Date: 04/17/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/20/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/21/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/22/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/24/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/27/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/28/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
10-03-2026 07:13 PM Page 226 of
CASE NUMBER: 921900407 State Felony259
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 04/29/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 05/01/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 05/04/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
This hearing will not take place at the courthouse.
It will be conducted remotely. Contact the court to
provide your current email address. If you do not
have access to a phone or other electronic device to
appear remotely, notify the court.
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
05-01-2025 1816 Filed: Return of Electronic Notification
05-05-2025 1817 Filed order: Order appointing counsel
Judge MICHAEL D DIREDA
Signed May 05, 2025
05-05-2025 1818 Filed: Return of Electronic Notification
05-16-2025 1819 Filed: Motion to Disqualify/Recuse Judge DiReda
Filed by: DOUGLAS A LOVELL
05-16-2025 1820 Filed: Addendum A to Motion to Recuse Judge DiReda
05-16-2025 1821 Filed: Addendum B to Motion to Recuse Judge DiReda
05-16-2025 1822 Filed: Addendum C to Motion to Recuse Judge DiReda,
certificate of filing in good faith
05-16-2025 1823 Filed: Return of Electronic Notification
05-23-2025 1824 Filed order: Order for the Release and Treatment of
Private, Controlled and/or Protected Records Maintained
by UDC
Judge MICHAEL D DIREDA
Signed May 23, 2025
10-03-2026 07:13 PM Page 227 of
CASE NUMBER: 921900407 State Felony259
05-23-2025 1825 Filed: Return of Electronic Notification
06-03-2025 1826 Filed: Motion to recuse Judge DiReda
Filed by: DOUGLAS A LOVELL
06-03-2025 1827 Filed: Addendum A to Motion to recuse Judge DiReda
06-03-2025 1828 Filed: Addendum B to Motion to recuse Judge DiReda
06-03-2025 1829 Filed: Addendum C to Motion to recuse Judge DiReda, cert
of good faith
06-03-2025 1830 Filed: Return of Electronic Notification
06-09-2025 1831 Filed order: Order Certifying Motion to Disqualify to
Judge Ronald G. Russell
Judge MICHAEL D DIREDA
Signed June 09, 2025
06-10-2025 1832 Filed: Return of Electronic Notification
06-10-2025 1833 Filed: TRANSADMIN TRANSCRIPT for Hearing 04-30-2025
06-11-2025 1834 Filed: Return of Electronic Notification
06-26-2025 1835 Filed order: Ruling and Order on Motion for Recusal
Judge RONALD RUSSELL
Signed June 26, 2025
06-27-2025 1836 Filed: Return of Electronic Notification
06-27-2025 Minute Entry - STATUS HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): COLLEEN COEBERGH
Defendant's Attorney(s): JULIE GEORGE
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: juanaq
Audio
Tape Number: 4D FTR/WBX Tape Count: 230-243
HEARING
Matter is before the Court for a status conference.
A record is made as to the Motion to Recuse this
Court.
Court hears from counsel.
A preliminary motions deadline is scheduled as July
18, 2025.
Counsel will work together to agree upon a case
management order.
A status conference is scheduled for July 18, 2025
at 1:30 PM. If there is a case management order in
place, the hearing will be stricken.
Counsel agrees with the Court that any motion
hearings can and may be held in Farmington.
In-person Appearance
VIRTUAL-STATUS CONFERENCE is scheduled.
Date: 07/18/2025
Time: 01:30 p.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
10-03-2026 07:13 PM Page 228 of
CASE NUMBER: 921900407 State Felony259
OGDEN, UT 84401
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
06-30-2025 Cancelled: VIRTUAL-STATUS CONFERENCE scheduled on July
18, 2025 at 01:30 PM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
07-01-2025 1837 Filed: Return of Electronic Notification
07-17-2025 1838 Filed: Notice Petition for Interlocutory Appeal has been
filed
07-17-2025 1839 Filed: Return of Electronic Notification
07-18-2025 1853 Filed: Appellate Court Document - Letter to Counsel
07-21-2025 NOTICE for Case 921900407 ID 25575143
Judge: MICHAEL D DIREDA
Remote Appearance
VIRTUAL-STATUS CONFERENCE is scheduled.
Date: 08/01/2025
Time: 08:30 a.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=ma9aa
b679a69369e80322be44efeec226
This hearing will not take place at the courthouse.
It will be conducted remotely. Contact the court to
provide your current email address. If you do not
have access to a phone or other electronic device to
appear remotely, notify the court.
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
07-21-2025 VIRTUAL-STATUS CONFERENCE scheduled on August 01, 2025
at 08:30 AM in 4th Floor Southwest with Judge MICHAEL D
DIREDA
07-21-2025 1840 Filed: Notice for Case 921900407 FS Judge: MICHAEL D
DIREDA
07-22-2025 1841 Filed: Return of Electronic Notification
07-31-2025 1842 Filed: Order (Proposed) State s Proposed Trial
Management Order
07-31-2025 1843 Filed: Return of Electronic Notification
08-01-2025 Cancelled: VIRTUAL-ORAL ARGUMENTS scheduled on December
29, 2025 at 01:30 PM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-01-2025 Minute Entry - STATUS HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: NOTEWORTHY REPORTI
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): COLLEEN COEBERGH
Clerk: juanaq
Audio
Tape Number: 4C FTR/WBX Tape Count: 835-853
10-03-2026 07:13 PM Page 229 of
CASE NUMBER: 921900407 State Felony259
HEARING
Matter is before the Court for a Status Conference.
Ms. Coeburgh reports a proposed Trial Management
Order has been filed, however, she would like to
request the deadline be extended.
Mr. Miles has no objection.
The dates will be as follows:
Motions to be filed by October 16, 2025. A response
is due by November 3, 2025 with the defense replies
due by December 1, 2025.
Ms. Coeburgh reports she will be filing about 15
different motions. Some of which will not need
argument.
The Court proceeds to set aside time for oral
arguments. The hearings will be held virtually
unless a request is made to transport Mr. Lovell so
that he can be present in person. If an in person
hearing is requested, the hearing will be held in
Ogden.
Mr. Miles will prepare an updated Trial Management
Order.
Remote Appearance
VIRTUAL-ORAL ARGUMENTS is scheduled.
Date: 12/17/2025
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=me0cd
c410dc7d2ad65f6f3972dc099e12
VIRTUAL-ORAL ARGUMENTS is scheduled.
Date: 12/19/2025
Time: 01:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mf6b2
4d5c76d431c958267086331ee0d2
VIRTUAL-ORAL ARGUMENTS is scheduled.
Date: 12/22/2025
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mdab8
69d964f3f82632fdc655a0e64699
VIRTUAL-ORAL ARGUMENTS is scheduled.
Date: 12/29/2025
Time: 01:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=me2ec
e9bb36f93d523cb64ccef1584c5f
VIRTUAL-ORAL ARGUMENTS is scheduled.
Date: 12/30/2025
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
10-03-2026 07:13 PM Page 230 of
CASE NUMBER: 921900407 State Felony259
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mf713
37a92dcdff1877f822be46fb4a97
VIRTUAL-ORAL ARGUMENTS is scheduled.
Date: 01/02/2026
Time: 01:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mf39b
57f7fc89e2ab9d3306e0eb391ef3
This hearing will not take place at the courthouse.
It will be conducted remotely. Contact the court to
provide your current email address. If you do not
have access to a phone or other electronic device to
appear remotely, notify the court.
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
08-05-2025 Cancelled: VIRTUAL-ORAL ARGUMENTS scheduled on December
17, 2025 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-05-2025 Cancelled: VIRTUAL-ORAL ARGUMENTS scheduled on December
19, 2025 at 01:30 PM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-05-2025 Cancelled: VIRTUAL-ORAL ARGUMENTS scheduled on December
22, 2025 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-05-2025 Cancelled: VIRTUAL-ORAL ARGUMENTS scheduled on December
30, 2025 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-05-2025 Cancelled: VIRTUAL-ORAL ARGUMENTS scheduled on January
02, 2026 at 01:30 PM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
08-05-2025 1844 Filed: Other - Not Signed Order (Proposed) State s
Proposed Trial Management Order
08-05-2025 1845 Filed: Return of Electronic Notification
08-06-2025 1846 Filed: Return of Electronic Notification
08-07-2025 1847 Filed: COMPLETED Audio Request for Hearing 08/01/25
08-07-2025 Note: Audio request sent to bmiles@webercountyutah.gov for hearing
08/01/25- AH
08-08-2025 1848 Filed: Return of Electronic Notification
09-02-2025 1849 Filed: Order (Proposed) Proposed Trial Management Order
09-02-2025 1850 Filed: Return of Electronic Notification
09-03-2025 1851 Filed order: Order Proposed Trial Management Order
Judge MICHAEL D DIREDA
Signed September 03, 2025
09-03-2025 1852 Filed: Return of Electronic Notification
09-09-2025 1854 Filed: Return of Electronic Notification
09-18-2025 1855 Filed: Motion to withdraw-Coebergh
Filed by: DOUGLAS A LOVELL
09-18-2025 1856 Filed: Return of Electronic Notification
09-19-2025 1857 Filed: Notice of Clarification to Motion to Withdraw
09-19-2025 1858 Filed: Return of Electronic Notification
09-23-2025 VIRTUAL-DEF MOTION TO WITHDRAW scheduled on September
29, 2025 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
10-03-2026 07:13 PM Page 231 of
CASE NUMBER: 921900407 State Felony259
09-24-2025 1859 Filed: TRANSADMIN TRANSCRIPT for Hearing 08-01-2025
09-24-2025 1860 Filed: TRANSADMIN TRANSCRIPT for Hearing 06-27-2025
09-25-2025 1861 Filed: Return of Electronic Notification
09-26-2025 1862 Filed order: Media Request Granted
Judge MICHAEL D DIREDA
Signed September 26, 2025
09-27-2025 1863 Filed: Return of Electronic Notification
09-29-2025 VIRTUAL-STATUS HEARING scheduled on October 06, 2025 at
08:30 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on August 31,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 01,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 02,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 03,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 04,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 08,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 09,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 11,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 14,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 15,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 16,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 18,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 21,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 22,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 23,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 25,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 28,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 29,
10-03-2026 07:13 PM Page 232 of
CASE NUMBER: 921900407 State Felony259
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on September 30,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Cancelled: SENTENCING HEARING scheduled on October 02,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-29-2025 Minute Entry - HEARING ON DEFENDANT'S MOTION TO WITHDRA
Judge: MICHAEL D DIREDA
PRESENT
Reporter: PHOEBE MOORHEAD
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Other Attorneys: JAMES RETALLICK
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): COLLEEN COEBERGH
Defendant's Attorney(s): JULIE GEORGE
Clerk: kaylaxb
Audio
Tape Number: 4C FTR/WBX Tape Count: 902-933
HEARING
Time is set for Hearing on Defendant's Motion to
Withdraw.
Mr. Retallick is present as a representative for the
Weber County Public Defenders Office.
The Court clarifies today's hearing.
Ms. Coebergh addresses the Motion to Withdraw.
Mr. Miles responds.
Mr. Retallick replies.
The Court orders Ms. George to file the necessary
Rule 8 certification and related proposed order.
Ms. George moves for the sentencing dates be
continued.
The Court grants the Motion to Withdraw and orders
Mr. Retallick to communicate with new counsel to
ensure proper notice is filed.
Mr. Miles addresses the possible continuance.
Defendant confirms agreement with the continuance
and waives his right to a speedy trial.
The sentencing dates are stricken. The parties
stipulate to new sentencing dates beginning August
31, 2026 through October 2, 2026 excluding weekends,
holidays and Thursdays. Jury Selection is scheduled
for August 24, 2026 through August 28, 2026.
Mr. Miles indicates possible motions to preserve
testimony.
The matter is set for further Status Conference to
confirm appearance of counsel and confirm trial
dates.
Remote Appearance
VIRTUAL-STATUS HEARING is scheduled.
Date: 10/06/2025
Time: 08:30 a.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
10-03-2026 07:13 PM Page 233 of
CASE NUMBER: 921900407 State Felony259
Webex URL:
https://utcourts.webex.com/weblink/register/r74df441
c98e4fc1f7f997c52a29d650b
SENTENCING HEARING is scheduled.
Date: 08/31/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/01/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/02/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/03/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/04/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/08/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
10-03-2026 07:13 PM Page 234 of
CASE NUMBER: 921900407 State Felony259
Date: 09/09/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/11/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/14/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/15/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/16/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/18/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/21/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 235 of
CASE NUMBER: 921900407 State Felony259
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/22/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/23/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/25/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/28/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/29/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 09/30/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
10-03-2026 07:13 PM Page 236 of
CASE NUMBER: 921900407 State Felony259
Date: 10/02/2026
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
This hearing will not take place at the courthouse.
It will be conducted remotely. Contact the court to
provide your current email address. If you do not
have access to a phone or other electronic device to
appear remotely, notify the court.
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
09-29-2025 1864 Filed: TRANSADMIN TRANSCRIPT for Hearing 09-29-2025
09-29-2025 1866 Filed: Return of Electronic Notification
09-29-2025 1870 Filed: Return of Electronic Notification
09-29-2025 1869 Filed: Return of Electronic Notification
09-29-2025 1867 Filed: Return of Electronic Notification
09-29-2025 1868 Filed: Return of Electronic Notification
09-29-2025 1865 Filed: Return of Electronic Notification
09-29-2025 1871 Filed: Return of Electronic Notification
09-29-2025 1874 Filed: Return of Electronic Notification
09-29-2025 1872 Filed: Return of Electronic Notification
09-29-2025 1875 Filed: Return of Electronic Notification
09-29-2025 1873 Filed: Return of Electronic Notification
09-29-2025 1876 Filed: Return of Electronic Notification
09-29-2025 1886 Filed: Return of Electronic Notification
09-29-2025 1885 Filed: Return of Electronic Notification
09-29-2025 1882 Filed: Return of Electronic Notification
09-29-2025 1884 Filed: Return of Electronic Notification
09-29-2025 1878 Filed: Return of Electronic Notification
09-29-2025 1883 Filed: Return of Electronic Notification
09-29-2025 1880 Filed: Return of Electronic Notification
09-29-2025 1879 Filed: Return of Electronic Notification
09-29-2025 1881 Filed: Return of Electronic Notification
09-29-2025 1877 Filed: Return of Electronic Notification
09-30-2025 1887 Filed: Attachment A Proposed Limiting Instruction on AI
Voice
09-30-2025 1888 Filed: Attachment B Affidavit in Support of AI Voice
09-30-2025 1889 Filed: Motion in Limine to Admit Artificial Intelligence
Voice Replication of Prior Testimony (Hearing Requested)
Filed by: STATE OF UTAH
09-30-2025 1890 Filed: Return of Electronic Notification
10-02-2025 1891 Filed: COMPLETED Audio Request for 03/17/15, 03/18/15,
03/20/15, 03/23/15, 03/24/15, 03/25/15, 03/27/15,
03/30/15, 03/31/15 & 04/01/15.
10-02-2025 Note: Audio Request for 03/17/15, 03/18/15, 03/20/15, 03/23/15,
03/24/15, 03/25/15, 03/27/15, 03/30/15, 03/31/15 & 04/01/15 sent to
jpitt@webercountyutah.gov, No hearing for 03/19/15. -AH
10-02-2025 1892 Filed: Affidavit/Declaration of Rule 8 Qualification
10-02-2025 1893 Filed: Motion to Stay Responses to State Motions
Filed by: DOUGLAS A LOVELL
10-03-2026 07:13 PM Page 237 of
CASE NUMBER: 921900407 State Felony259
10-02-2025 1894 Filed: Order (Proposed) Appointing Rule 8 Counsel
10-02-2025 1895 Filed: Return of Electronic Notification
10-03-2025 1896 Filed: Return of Electronic Notification
10-04-2025 1897 Filed: Return of Electronic Notification
10-06-2025 1898 Filed: Order (Proposed) Amended Findings of
Qualification
10-06-2025 1899 Filed: Return of Electronic Notification
10-06-2025 IN PERSON-STATUS CONFERENCE scheduled on December 17,
2025 at 09:00 AM with Judge MICHAEL D DIREDA
10-06-2025 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: DANIELLE WILLES
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): JULIE GEORGE
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Defendant's Attorney(s): JAMES RETALLICK
Defendant's Attorney(s): DAVID FERGUSON
Clerk: juanaq
Audio
Tape Number: 4C FTR/WBX Tape Count: 814-857
HEARING
All parties are present virtually.
Court notes Ms. George has filed an Order for
Appointment, however, the wording needs to be
changed. An Amended Order will be filed.
Mr. Ferguson has approved the contract offered by
Weber County, however, it has not been signed. Once
signed, Mr. Ferguson will also file an Appointment
of Counsel.
Previous scheduled dates are stricken except for
December 22, 2025. Parties will appear in person,
in the Farmington courthouse to discuss case and any
outstanding issues.
In-person Appearance
IN PERSON-STATUS CONFERENCE is scheduled.
Date: 12/17/2025
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
10-06-2025 1900 Filed: Other - Not Signed Order (Proposed) Amended
Findings of Qualification
10-06-2025 Note: Amended Order to be filed. JQ
10-06-2025 1901 Filed: Return of Electronic Notification
10-06-2025 1902 Filed: Other - Not Signed Order (Proposed) Appointing
Rule 8 Counsel
10-06-2025 1903 Filed: Return of Electronic Notification
10-17-2025 1908 Filed: Appellate Court Document - Order (Petition for
Permission to Appeal from an Interlocutory Order is
10-03-2026 07:13 PM Page 238 of
CASE NUMBER: 921900407 State Felony259
Denied)
10-17-2025 1909 Filed: Appellate Court Document - Notice of Decision
11-03-2025 VIRTUAL-SCHEDULING CONFERENCE scheduled on November 03,
2025 at 11:30 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
11-03-2025 Minute Entry - SCHEDULING CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): JULIE GEORGE
Defendant's Attorney(s): JAMES RETALLICK
Clerk: kaylaxb
Audio
Tape Number: 4C FTR/WBX Tape Count: 1131-1149
HEARING
Time is set for Scheduling Conference.
Mr. Gary Heward is present.
All parties are present virtually.
The parties stipulate to moving the dates for trial
up one week with a start date of August 17, 2026
through September 25, 2026 excluding weekends,
holidays and Thursdays.
Court notes Mr. Ferguson has signed the necessary
contract. The Amended Findings of Qualification and
Amended Order Appointing Rule 8 Counsel were entered
as not signed and are to be re-filed.
Mr. Retallick notes the case file has not yet been
obtained from previous counsel.
The Status Conference on December 17, 2025 is
confirmed.
11-06-2025 1904 Filed: Order (Proposed) Amended Findings of
Qualification and Appointment
11-06-2025 1905 Filed: Return of Electronic Notification
11-12-2025 1906 Filed order: Order Amended Findings of Qualification and
Appointment
Judge MICHAEL D DIREDA
Signed November 12, 2025
11-12-2025 1907 Filed: Return of Electronic Notification
11-14-2025 1910 Filed: Return of Electronic Notification
12-08-2025 1911 Filed: TRANSADMIN TRANSCRIPT for Hearing 10-06-2025
12-08-2025 1912 Filed: TRANSADMIN TRANSCRIPT for Hearing 11-03-2025
12-09-2025 1913 Filed: Return of Electronic Notification
12-15-2025 1914 Filed: Media Request Granted
12-16-2025 1915 Filed: Return of Electronic Notification
12-16-2025 1916 Filed: Media Request Granted
12-16-2025 1917 Filed: Motion to appear as co-counsel for Mr. Lovell
Filed by: DOUGLAS A LOVELL
12-16-2025 1918 Filed: Request/Notice to Submit on motion granting
appearance for Mr. Ferguson
12-16-2025 1919 Filed: Order (Proposed) granting appearance for Mr.
10-03-2026 07:13 PM Page 239 of
CASE NUMBER: 921900407 State Felony259
Ferguson
12-16-2025 1920 Filed: Return of Electronic Notification
12-17-2025 1921 Filed: Return of Electronic Notification
12-17-2025 Minute Entry - HEARING - MOTION IN LIMINE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HOLMES
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): JULIE GEORGE
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: juanaq
Audio
Tape Number: 7 FTR Tape Count: 929-1030
HEARING
Hearing held in the Farmington court house.
Gary Heward is present as a consultant with the
State.
Matter is before the court for a hearing on the
Motion in Limine.
Counsel meets with the court in-chambers to discuss
matters off the record.
Hearing held.
930 Witness #1, Jamie Pitt, is duly sworn and
testifies under direct examination by Mr. Miles.
939 State's exhibit #3 is offered and received.
939 State's exhibit #1 is offered and received.
941 State's exhibit #2 is offered and received.
953 State's exhibit #4 is offered and received.
1021 State rests. Defense moves for a
continuance. An explanation is made for the record.
The Court grants the request.
Matter continued to February 27, 2026 at 9:00 AM.
As stipulated by the parties, the hearing will
continue to be held in Farmington.
Further discussion is heard by defense counsel as to
their inability to receive discovery from Ms.
Coeburgh. The Court will allow counsel to continue
to discuss issue with Ms. Coeburgh before entering
an Order.
Mr. Miles also reports a Proposed Trial Management
Order has been sent to defense counsel for their
review.
Reminders are made to members of the media that are
present regarding restrictions outlined in the media
order.
12-18-2025 1922 Filed order: Order granting appearance for Mr. Ferguson
Judge MICHAEL D DIREDA
Signed December 18, 2025
12-18-2025 1923 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 240 of
CASE NUMBER: 921900407 State Felony259
01-21-2026 1924 Filed: Order to Produce
01-21-2026 Cancelled: IN PERSON HEARING scheduled on April 17, 2026
at 09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
01-22-2026 1925 Filed: Return of Electronic Notification
02-04-2026 1926 Filed: TRANSADMIN TRANSCRIPT for Hearing 12-17-2025
02-05-2026 1927 Filed: Return of Electronic Notification
02-17-2026 VIRTUAL-STATUS CONFERENCE scheduled on February 25, 2026
at 08:15 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
02-20-2026 1928 **** SEALED **** Filed: Notice of Request for Ex Parte
Hearing and Proffer of Relevant Facts
02-20-2026 1929 Filed: Return of Electronic Notification
02-21-2026 1930 Filed: Return of Electronic Notification
02-21-2026 1931 **** PRIVATE **** Filed: Motion to Classify non-public,
stipulated
02-21-2026 1932 **** PRIVATE **** Filed: Request/Notice to Submit on
stipulated motion to classify as non-public
02-21-2026 1933 **** PRIVATE **** Filed: Order (Proposed) on motion to
classify as non-public
02-21-2026 1934 Filed: Return of Electronic Notification
02-23-2026 1935 Filed: Return of Electronic Notification
02-24-2026 1936 Filed order: Request and Order for Electronic Media
Coverage
Judge MICHAEL D DIREDA
Signed February 23, 2026
02-24-2026 1937 Filed: Return of Electronic Notification
02-25-2026 1938 Filed: Order to Produce
02-25-2026 IN PERSON-EVIDENTIARY HEARING scheduled on March 13,
2026 at 01:30 PM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
02-25-2026 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): JULIE GEORGE
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: juanaq
Audio
Tape Number: 4C FTR/WBX Tape Count: 819-842
HEARING
10-03-2026 07:13 PM Page 241 of
CASE NUMBER: 921900407 State Felony259
All parties are present virtually.
Gary Heward is also present as a consultant with the
Weber County Attorney's Office.
Court addresses Motion filed by Mr. Ferguson.
The issue of media is discussed. Defense counsel
will file a Motion to seal the next hearing as it
relates to attorney client privileges.
An in-person hearing is scheduled. Mr. Miles will
ensure Mr. Baron is present for the scheduled
hearing. Counsel will contact Colleen Coeburgh to
advise her of the hearing as her presence is
necessary.
In-person Appearance
IN PERSON-EVIDENTIARY HEARING is scheduled.
Date: 03/13/2026
Time: 01:30 p.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
02-25-2026 1939 Filed: Return of Electronic Notification
02-26-2026 1940 Filed order: Order on motion to classify as non-public
Judge MICHAEL D DIREDA
Signed February 26, 2026
02-26-2026 1941 Filed: Return of Electronic Notification
02-27-2026 1942 Filed: Colleen Coebergh acknowledgement of order to
appear March 13th, 2026
02-27-2026 1943 Filed: Return of Electronic Notification
03-03-2026 1944 **** PRIVATE **** Filed: Non-Public Information Motion
to Withdraw
03-03-2026 1946 **** SEALED **** Filed: Letter from Ms. Coeburgh to Mr.
Lovell
03-03-2026 1974 **** PRIVATE **** Filed: Motion for In-Camera and Ex
Parte Hearing
03-03-2026 1975 **** PRIVATE **** Filed: Motion for Limited Appointment
of Counsel
03-03-2026 1945 Filed: Return of Electronic Notification
03-03-2026 Judge CRAIG HALL assigned.
03-03-2026 Judge MICHAEL D DIREDA assigned.
03-03-2026 1947 Filed: Return of Electronic Notification
03-04-2026 1953 **** PRIVATE **** Filed: Request to Submit on
Defendant's Motion for Limited Appointment
03-04-2026 1949 **** PRIVATE **** Filed: Motion for Limited Appointment
of Counsel
03-05-2026 1950 Filed: Return of Electronic Notification
03-06-2026 1951 **** PRIVATE **** Filed: Supplemental to Motion to
Withdraw as Counsel by Julie George
03-06-2026 1952 Filed: Return of Electronic Notification
03-09-2026 1954 **** SEALED **** Filed: Weber County's Memorandum in
Opposition to Motion to Withdraw as Counsel and Response
03-09-2026 1955 **** SEALED **** Filed: Weber County's Motion to
Intervene
10-03-2026 07:13 PM Page 242 of
CASE NUMBER: 921900407 State Felony259
03-09-2026 1956 **** SEALED **** Filed: Proposed Order
03-09-2026 1958 Filed order: Order on Limited Appearance
Judge MICHAEL D DIREDA
Signed March 09, 2026
03-09-2026 1959 **** SEALED **** Filed order: Order Granting In-Camera
and Ex Parte Hearing
03-09-2026 1957 Filed: Return of Electronic Notification
03-10-2026 1960 **** SEALED **** Filed order: Order Granting Weber
County's Motion to Intervene
03-10-2026 1961 Filed: Return of Electronic Notification
03-11-2026 Filed: POOL Request - Denied
03-11-2026 1962 Filed order: Denied Request and Order for Electronic
Media
Judge MICHAEL D DIREDA
Signed March 10, 2026
03-11-2026 1973 **** PRIVATE **** Filed: Motion for 60B Relief on Order
Granting County's Motion to Intervene
03-11-2026 1964 Filed return: Certificate of Service on Motion for 60B
Relief and Order Granting County's Motion to Intervene
Party Served: STATE OF UTAH
Service Type: Mail
Service Date: March 11, 2026
Garnishee:
03-11-2026 1965 Filed: KSL Motion for Limited Intervention
03-11-2026 1966 Filed: KSL Memorandum Opposing Defendant s Request for
In Camera and Ex Parte Hearing and Requesting the Court
Permit Electronic Media Coverage
03-11-2026 1967 Filed: Return of Electronic Notification
03-11-2026 1968 Filed: Request/Notice to Submit for Decision Defendant s
Motion for In Camera and Ex Parte Hearing
03-11-2026 1969 Filed: Return of Electronic Notification
03-11-2026 1970 Filed: Return of Electronic Notification
03-12-2026 1971 Filed: Motion to Continue March 13 Hearing
Filed by: DOUGLAS A LOVELL
03-12-2026 1972 Filed: Return of Electronic Notification
03-13-2026 Minute Entry - EVIDENTIARY HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Other Attorneys: SEAN SIGILLITO
Other Attorneys: BRYAN BARON
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): JULIE GEORGE
Defendant's Attorney(s): NEAL HAMILTON
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Defendant's Attorney(s): JAMES RETALLICK
Clerk: juanaq
Audio
Tape Number: 7 FTR Tape Count: 156-327
HEARING
10-03-2026 07:13 PM Page 243 of
CASE NUMBER: 921900407 State Felony259
156 - Case is called. A record is made of all the
parties that are present.
James Retallick is present on behalf of the Weber
County Public Defender's Office. Chris Allred and
Bryon Baron are present on behalf of Weber County.
Clark Harms and Gary Heward are present on behalf of
the Weber County Attorney's Office. Mr. Ottsinger is
present on behalf of Ms. George and Shawn Sigellito
is present on behalf of the media.
Matter is before the Court to address numerous
motions that have been filed by the parties.
159 - The first issue addressed by the Court is the
media issue.
210 - The Motion to Intervene is addressed by the
Court.
217 - The 60B motion is addressed.
The Court will allow the public and media to be
present, however, all parties will be removed from
the courtroom when necessary.
246 (Sealed through 307) - All parties are removed
from the courtroom except Ms. George and her
counsel. Ms. George addresses her motion to
withdraw as counsel.
The Court grants Ms. George's motion.
307: Case is open to the public, however, counsel
did not indicate their clients were present,
therefore, everyone was not admitted into the
courtroom until 3:19 PM.
319 - Parties are allowed in the courtroom.
As the Court has allowed Ms. George to withdraw,
Weber County will post an advertisement for lead
counsel and then go through the process of preparing
a contract for the County Commissions approval.
Mr. Lovell then makes a record that he is
withdrawing his request to disqualify the Weber
County Public Defender's Office.
The Motion for Limited Intervention is granted.
Mr. Hamilton's motion to withdraw as counsel is also
granted.
A status conference is scheduled for updated
information as to defense lead counsel.
03-18-2026 VIRTUAL STATUS CONFERENCE scheduled on April 03, 2026 at
08:15 AM with Judge MICHAEL D DIREDA
03-18-2026 1976 Filed: Return of Electronic Notification
03-24-2026 1977 Filed order: Order Granting Withdrawal of Counsel
Judge MICHAEL D DIREDA
Signed March 24, 2026
03-24-2026 1978 Filed: Return of Electronic Notification
04-03-2026 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: NOTEWORTHY REPORTI
Prosecutor: BRANDEN MILES
Prosecutor: CLARK HARMS
Defendant Present
10-03-2026 07:13 PM Page 244 of
CASE NUMBER: 921900407 State Felony259
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: juanaq
Audio
Tape Number: 7 FTR Tape Count: 817-842
HEARING
All parties are present virtually.
James Retallick is present from the Weber County
Public Defenders' Office. Bryon Baron is present on
behalf of Weber County. Gary Heward is also present
on behalf of the State.
Mr. Baron reports the position for replacement
counsel was open and closed on March 31, 2026. Two
attorneys applied for the position. The Review
Committee will meet on April 9, 2026 to review the
applications.
If a decision is reached and the matter can be added
to the County Commission agenda, there should be an
appointment of counsel no earlier than April 21,
2026.
The Counsel and court then discuss the August 2026
dates. The Court denies Mr. Ferguson's request to
reschedule the hearing until after May 2027.
Mr. Lovell agrees with rescheduling the hearing into
2027.
Dates are tentatively scheduled.
Court directs Mr. Miles to prepare an Order from
today's hearing as earlier in the hearing, the Court
requested Mr. Ferguson prepare an Order from the
hearing held on March 13, 2026.
In-person Appearance
SENTENCING HEARING is scheduled.
Date: 02/22/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING is scheduled.
Date: 02/23/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING is scheduled.
Date: 02/24/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 02/26/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/01/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/02/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 245 of
CASE NUMBER: 921900407 State Felony259
SENTENCING HEARING.
Date: 03/03/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/05/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/08/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/09/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/10/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/12/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/15/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/16/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/17/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/19/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/22/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/23/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/24/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 246 of
CASE NUMBER: 921900407 State Felony259
SENTENCING HEARING.
Date: 03/26/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/29/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/30/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 03/31/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/02/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/05/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/06/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/07/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/09/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/12/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/13/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/14/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
SENTENCING HEARING.
Date: 04/16/2027
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 247 of
CASE NUMBER: 921900407 State Felony259
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
04-06-2026 Cancelled: SENTENCING HEARING scheduled on February 22,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on February 23,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on February 24,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on February 26,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 01,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 02,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 03,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 05,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 08,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 09,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 10,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 12,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 15,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 16,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 17,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 19,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 22,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 23,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 24,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 26,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 29,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 30,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on March 31,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 02,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 05,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 06,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 07,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 09,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
10-03-2026 07:13 PM Page 248 of
CASE NUMBER: 921900407 State Felony259
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 12,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 13,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 14,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 Cancelled: SENTENCING HEARING scheduled on April 16,
2027 at 09:00 AM with Judge MICHAEL D DIREDA
04-06-2026 NOTICE for Case 921900407 ID 26176812
04-06-2026 VIRTUAL-STATUS CONFERENCE scheduled on May 01, 2026 at
08:15 AM with Judge MICHAEL D DIREDA
04-06-2026 1979 Filed: Return of Electronic Notification
04-20-2026 1980 Filed: TRANSADMIN TRANSCRIPT for Hearing 03-13-2026
04-20-2026 1981 Filed: Return of Electronic Notification
05-01-2026 1982 Filed: Order (Proposed) Findings and Conclusions on
Defense Counsel s Motion to Withdraw
05-01-2026 1983 Filed: Return of Electronic Notification
05-01-2026 2006 Filed: Order to Produce
05-01-2026 1984 Filed order: Request and Order for Electronic Media
Coverage of Court Proceedings
Judge MICHAEL D DIREDA
Signed April 30, 2026
05-01-2026 Note: Order to MDD
05-01-2026 HEARING scheduled on August 10, 2026 at 09:00 AM with
Judge MICHAEL D DIREDA
05-01-2026 Cancelled: HEARING scheduled on August 14, 2026 at 09:00
AM with Judge MICHAEL D DIREDA
05-01-2026 Minute Entry - STATUS CONFERENCE
Judge: MICHAEL D DIREDA
PRESENT
Reporter: KATIE HARMON
Prosecutor: CLARK HARMS
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): STATE PUBLIC DEFENDER
Clerk: juanaq
Audio
Tape Number: 4D FTR/WBX Tape Count: 814-831
HEARING
10-03-2026 07:13 PM Page 249 of
CASE NUMBER: 921900407 State Felony259
Parties are all present virtually.
Gary Heward is present on behalf of the State.
James Retallick is present on behalf of the defense.
Mr. Baron reports Jonathan Nish has been selected as
counsel for Mr. Lovell. The contract was approved
by the Weber County Commission earlier this week.
Mr. Nish should be entering an appearance of counsel
this week.
Mr. Ferguson reports he has spoken with Mr. Nish and
they are scheduled to meet.
Court addresses the outstanding AI motion. Mr.
Ferguson reports he's spoken with a couple of
experts and plans to subpoena Aladdin Labs.
An in-person hearing, to be held in Farmington, is
scheduled for August 10, 2026. If necessary, August
14, 2026 will be set aside for virtual closing
arguments or overflow testimony.
The Order from the last hearing has been prepared by
Mr. Ferguson. Mr. Harms reports the Order is
approved to form.
Counsel will be working on a scheduling order in the
next few weeks.
Counsel to notify clerk if any issues arise.
In-person Appearance
HEARING is scheduled.
Date: 08/10/2026
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
HEARING is scheduled.
Date: 08/14/2026
Time: 09:00 a.m.
Before Judge: MICHAEL D DIREDA
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
05-01-2026 1985 Filed: Return of Electronic Notification
05-07-2026 1986 Filed order: Order Findings and Conclusions on Defense
Counsel s Motion to Withdraw
Judge MICHAEL D DIREDA
Signed May 07, 2026
05-07-2026 1987 Filed: Return of Electronic Notification
05-12-2026 1988 Filed: Appearance of Counsel/Notice of Limited
Appearance Jonathan T. Nish for Defendant
05-12-2026 1989 Filed: Affidavit/Declaration Declaration of Rule 8
Qualifications of Jonathan T. Nish
05-12-2026 1990 Filed: Request for Discovery
05-12-2026 1991 Filed: Return of Electronic Notification
05-13-2026 1992 Filed: Response to Discovery Request
05-13-2026 1993 Filed: Return of Electronic Notification
06-25-2026 1994 Filed: Motion for issuance of subpoena for production of
business records
Filed by: DOUGLAS A LOVELL
06-25-2026 1995 Filed: Subpoena - To Issue (Proposed)
06-25-2026 1996 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 250 of
CASE NUMBER: 921900407 State Felony259
07-08-2026 Note: Supoena to MDD
07-10-2026 1997 Filed: Request/Notice to Submit on Motion for Issuance
of Subpoena for Production of Business Records
07-10-2026 1998 Filed: Order (Proposed) granting issuance of Subpoena
for Issuance of Subpoena for Production of Business
Records
07-10-2026 1999 Filed: Return of Electronic Notification
07-10-2026 2000 Issued: Subpoena Issued
Judge MICHAEL D DIREDA
07-10-2026 2001 Filed: Return of Electronic Notification
07-13-2026 Note: Order to MDD
07-14-2026 2002 Filed order: Order granting issuance of Subpoena for
Issuance of Subpoena for Production of Business Records
Judge MICHAEL D DIREDA
Signed July 14, 2026
07-14-2026 2003 Filed: Return of Electronic Notification
07-14-2026 Fee Account created Total Due: 4.00
07-14-2026 Fee Account created Total Due: 4.00
07-14-2026 Fee Account created Total Due: 0.78
07-14-2026 2004 Filed: Records Request
07-14-2026 CERTIFICATION Payment Received: 4.00
07-14-2026 CERTIFIED COPIES Payment Received: 4.00
07-14-2026 POSTAGE-COPIES Payment Received: 0.78
07-14-2026 2005 Filed: Return of Electronic Notification
07-30-2026 2007 Filed: Return of Electronic Notification
08-04-2026 2008 Filed: Notice of expert - Sameer Patil
08-04-2026 2009 Filed: Notice of expert - Kenneth Marino
08-04-2026 2010 Filed: Return of Electronic Notification
08-06-2026 2011 Filed order: Media Request Order
Judge MICHAEL D DIREDA
Signed August 06, 2026
08-06-2026 2012 Filed: Return of Electronic Notification
08-10-2026 Modified: STATUS CONFERENCE scheduled on October 30,
2026 at 01:30 PM with Judge MICHAEL D DIREDA
Reason: Court Ordered
08-10-2026 Minute Entry - CONTINUED HEARING
Judge: MICHAEL D DIREDA
PRESENT
Reporter: NOTEWORTHY
Prosecutor: BRANDEN MILES
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): JONATHAN NISH
Clerk: juanaq
Audio
Tape Number: CTR 7 FTR Tape Count: 918-203
HEARING
10-03-2026 07:13 PM Page 251 of
CASE NUMBER: 921900407 State Felony259
Gary Heward is present with the State.
Tanner Willis is present assisting defense counsel.
TIME: 9:18 AM A record is made of the parties
that are present.
TIME: 9:20 AM State's witness, Jamie Pitt, is
duly sworn and testifies under cross-examination by
Mr. Ferguson.
TIME: 9:31 AM Defense exhibit #1 offered and
received.
TIME: 9:31 AM Redirect examination.
TIME: 9:33 AM State rests.
TIME: 9:33 AM Defense witness #1, Dr. Sameer
Patil, is duly sworn and testifies under direct
examination by Mr. Ferguson.
TIME: 10:28 AM Cross examination by Mr. Miles.
TIME: 11:00 AM Witness is excused.
TIME: 11:01 AM Recess.
TIME: 11:14 AM Reconvene.
TIME: 11:15 AM Defense witness #2, Kenneth
Marino, is duly sworn and testifies under direct
examination by Mr. Ferguson.
TIME: 12:00 PM Lunch recess.
TIME: 1:01 PM Reconvene.
TIME: 1:01 PM Direct examination continues on
Dr. Marino.
TIME: 1:09 PM Cross examination by Mr. Miles.
TIME: 1:25 PM Redirect.
TIME: 1:33 PM Recross.
TIME: 1:34 PM Redirect.
TIME: 1:35 PM Witness is excused.
Additional briefs will be filed by counsel.
The State shall file their supplemental brief by
September 4, 2026. Defense shall then file a
response by October 16, 2026 . State's reply will
then be due by November 6, 2026. Oral arguments are
scheduled for November 20, 2026 at 1:30 PM.
Counsel reports they have been working on a trial
management order. However, finalization of the order
has been delayed due to issues that have arisen. The
defense will possibly be filing a Motion to
Continue.
A status conference is scheduled for October 30,
2026 at 1:30 PM. Motions are to be filed by October
16, 2026. The Court will schedule a hearing and/or
set a briefing schedule for any substantive motions
at that time.
The motion to continue will be filed by the end of
August 2026. State may or may not respond. The
motion will be addressed on September 10, 2026 at
3:30 PM.
Remote Appearance
STATUS CONFERENCE/ADDRESS MOTI is scheduled.
Date: 09/10/2026
Time: 03:30 p.m.
Before Judge: MICHAEL D DIREDA
The reason for the change is Clerk error
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mb593
4f9b70a116bb43c106cecc405e9d
10-03-2026 07:13 PM Page 252 of
CASE NUMBER: 921900407 State Felony259
ORAL ARGUMENTS is scheduled.
Date: 11/20/2026
Time: 01:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=m0f83
f749cfc533625cdc1314a630470e
STATUS CONFERENCE.
Date: 10/30/2026
Time: 01:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=m0785
66e5c471154245faa15ed07143ef
STATUS CONFERENCE/ADDRESS MOTI.
Date: 09/10/2026
Time: 03:30 p.m.
Before Judge: MICHAEL D DIREDA
Courts Website: https://legacy.utcourts.gov/cal/
Webex URL:
https://utcourts.webex.com/utcourts/j.php?MTID=mb593
4f9b70a116bb43c106cecc405e9d
This hearing will not take place at the courthouse.
It will be conducted remotely. Contact the court to
provide your current email address. If you do not
have access to a phone or other electronic device to
appear remotely, notify the court.
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
08-11-2026 STATUS CONFERENCE/ADDRESS MOTI scheduled on September
10, 2026 at 03:30 PM with Judge MICHAEL D DIREDA
08-11-2026 ORAL ARGUMENTS scheduled on November 20, 2026 at 01:30
PM with Judge MICHAEL D DIREDA
08-11-2026 2013 Filed: Return of Electronic Notification
08-17-2026 2014 Filed: EXHIBIT LIST - HEARING
08-17-2026 2015 Filed: EXHIBIT LIST - IN PERSON-STATUS CONFERENCE
08-18-2026 2016 Filed: Return of Electronic Notification
08-19-2026 Note: exhibits from 08/10/2026 HEARING have been secured and stored
in an evidence storage area.
08-19-2026 Note: exhibits from 12/17/2025 IN PERSON-STATUS CONFERENCE have been
secured and stored in an evidence storage area.
08-28-2026 2017 Filed: TRANSADMIN TRANSCRIPT for Hearing 08-10-2026
08-28-2026 2018 Filed: Motion DEFENDANT S MOTION TO STRIKE AND RESET
TRIAL
Filed by: DOUGLAS A LOVELL
08-28-2026 2019 Filed: Return of Electronic Notification
08-28-2026 2020 Filed: Return of Electronic Notification
09-04-2026 2021 Filed: Memorandum in Support of Motion in Limine
09-04-2026 2022 Filed: Response to Motion to Strike Trial
09-04-2026 2023 Filed: Return of Electronic Notification
09-10-2026 Minute Entry - STATUS CONFERENCE/MOTION TO CONTINUE
Judge: MICHAEL D DIREDA
10-03-2026 07:13 PM Page 253 of
CASE NUMBER: 921900407 State Felony259
PRESENT
Reporter: DANIELLE WILLES
Prosecutor: CLARK HARMS
Prosecutor: THOMAS PEDERSEN
Defendant Present
The defendant is in the custody of the Department of
Corrections Utah State Prison - SLC
Defendant's Attorney(s): DAVID FERGUSON
Defendant's Attorney(s): JONATHAN NISH
Clerk: juanaq
Audio
Tape Number: CTR 7 Tape Count: 335-351
HEARING
All parties are present virtually.
Gary Heward is also present on behalf of the State.
The motion to continue is addressed by Mr. Nish.
Defense counsel represents they are working with
their experts and are working to meet the current
timelines. The mitigation specialist is the only
member struggling to meet that deadline. There is
also a possibility of the state introducing a new
victim which was unknown until recently.
The state has filed a response and there is no
objection.
The court addresses the defendant's right to a
speedy trial. Mr. Lovell concurs with the request.
New trial dates are scheduled.
The state's motion in limine is then discussed.
The state filed a renewed motion to use the AI voice
recently. Deadline dates will remain as previously
scheduled. Oral arguments are already scheduled for
November 20, 2026. Hearing will be held virtually.
Any additional motions that are filed will be
addressed at that time.
No additional issues are addressed.
In-person Appearance
SENTENCING HEARING is scheduled.
Date: 10/25/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
The reason for the change is Clerk error
SENTENCING HEARING.
Date: 10/26/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/27/2027
10-03-2026 07:13 PM Page 254 of
CASE NUMBER: 921900407 State Felony259
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/29/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 11/01/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 11/03/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 11/05/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 11/02/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/18/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
10-03-2026 07:13 PM Page 255 of
CASE NUMBER: 921900407 State Felony259
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/19/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/20/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/21/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/12/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/13/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
SENTENCING HEARING.
Date: 10/14/2027
Time: 09:00 a.m.
Location: 4th Floor Southeast
Before Judge: MICHAEL D DIREDA
SECOND DISTRICT COURT
2525 GRANT AVENUE
OGDEN, UT 84401
10-03-2026 07:13 PM Page 256 of
CASE NUMBER: 921900407 State Felony259
UCJA Rule 4-401.02: court proceedings, including
electronic proceedings, may NOT be recorded,
photographed, or transmitted. Failure to comply with
this prohibition may be treated as contempt of
court, punishable by fine and time in jail.
09-11-2026 SENTENCING HEARING scheduled on August 30, 2027 at 09:00
AM in 4th Floor Southeast with Judge MICHAEL D DIREDA
09-11-2026 SENTENCING HEARING scheduled on August 31, 2027 at 09:00
AM in 4th Floor Southeast with Judge MICHAEL D DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 01, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 03, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 07, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 08, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 10, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 13, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 14, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 15, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 17, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 20, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 21, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 22, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 24, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 27, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 28, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on September 29, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 01, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 04, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 05, 2027 at
10-03-2026 07:13 PM Page 257 of
CASE NUMBER: 921900407 State Felony259
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 06, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 08, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 12,
2026 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 13,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 14,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 18,
2027 at 09:00 AM in 4th Floor Southeast with Judge JUDGE
STATE
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 19,
2027 at 09:00 AM in 4th Floor Southeast with Judge JUDGE
STATE
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 20,
2027 at 09:00 AM in 4th Floor Southeast with Judge JUDGE
STATE
09-11-2026 Cancelled: SENTENCING HEARING scheduled on October 22,
2027 at 09:00 AM in 4th Floor Southeast with Judge JUDGE
STATE
09-11-2026 SENTENCING HEARING scheduled on October 25, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 26, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 27, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on October 29, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on November 01, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on November 03, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on November 05, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 SENTENCING HEARING scheduled on November 02, 2027 at
09:00 AM in 4th Floor Southeast with Judge MICHAEL D
DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 18,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 19,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 20,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 21,
2027 at 09:00 AM in 4th Floor Southeast with Judge
10-03-2026 07:13 PM Page 258 of
CASE NUMBER: 921900407 State Felony259
MICHAEL D DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 12,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 13,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 Modified: SENTENCING HEARING scheduled on October 14,
2027 at 09:00 AM in 4th Floor Southeast with Judge
MICHAEL D DIREDA
09-11-2026 2024 Filed: Return of Electronic Notification
09-23-2026 2025 Filed: TRANSADMIN TRANSCRIPT for Hearing 09-10-2026
09-23-2026 2026 Filed: Return of Electronic Notification
10-03-2026 07:13 PM Page 259 of
CASE NUMBER: 921900407 State Felony259
Documents
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- Ronald Phelps was an LDS bishop and stake executive secretary, and attorney, in Oklahoma; arrested for indecent exposure before becoming an LDS bishop; accused of child sexual abuse; Mormon church leaders allegedly covered up the abuse
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