7 16 12 0204 063341 2025 Transcript of Proceedings - 179504gw-Full

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF

NEVADA

IN AND FOR THE COUNTY OF WASHOE

-oOo-

THE STATE OF NEVADA, : : Plaintiff, : Case No. CR12-2025 : vs. : : ZACHARY COUGHLIN, : : Defendant. :======================================================

TRANSCRIPT OF PROCEEDINGS

July 6, 2012

Reno, Nevada

SUNSHINE LITIGATION SERVICES (775) 883-7950 or (775) 323-3411 Transcribed By: GAIL R. WILLSEY, CSR #359, CA CSR

SUNSHINE REPORTING - (775) 323-3411

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6 A P P E A R A N C E S

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8 FOR THE STATE:

9 MR. YOUNG

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13 FOR THE DEFENDANT:

14 JEREMY BOSLER, ESQ.

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1 **^.^**

2 RENO, NEVADA, MONDAY, JULY 16, 2012, 9:20 A.M.

3 **^.^**

4

5 THE COURT: Good morning, please be seated.

6 This is State versus Zachary Coughlin; are

7 you Mr. Coughlin? I do have Mr. Young for the State

8 and Mr. Bosler for the defense. I have two cases, one

9 charging the defendant with false statement to a

10 police officer and the other is possession of stolen

11 property and petty larceny. One is -- that one is a

12 Department II case, and the false statement to

13 obstruct a public officer is a Department 5 case, and

14 it's my understanding there's going to be a motion for

15 a continuance?

16 MS. BOSLER: Yes, your Honor, Jeremy Bosler

17 on behalf of Mr. Coughlin who's present in custody.

18 The unlawful use of an emergency number I

19 believe is set for a status conference today. There's

20 actually a trial set on the petty theft, possession of

21 stolen property case. This matter has been in the P

22 D's office I would say almost over a year but

23 unfortunately at this point, we've had to remove the

24 last counsel for Mr. Coughlin. He'll be assigned a


1 new public defender to this case.

2 A new public defender would not be able to

3 appear today and go forward. There's several motions

4 pending, it's actually a pretty thick file. I would

5 ask the court to respectfully give us until Friday to

6 have a new attorney assigned and prepared to go. I

7 realize the State has three witnesses subpoenaed. We

8 have two subpoenaed for today's date but we just

9 haven't had time to get a new attorney prepped and

10 ready to move the trial forward.

11 We would move to continue the trial, the

12 misdemeanor case and defer to the court. The other

13 matter is set for I believe around 9:00. There may be

14 some global negotiations available to this case. It

15 may be better to continue all the matters.

16 THE COURT: Is today a trial date or --

17 MS. BOSLER: I believe today was the trial

18 date set on the misdemeanor petty theft, stolen

19 property case and that we would submit we need to get

20 an attorney prepped through the file and meeting with

21 Mr. Coughlin before we could actually do the trial

22 work.

23 THE COURT: Mr. Young?

24 MR. YOUNG: Your Honor, I don't know the


1 details of what occurred. I obviously wasn't privy to

2 that but based on Mr. Bosler's representations, I have

3 no reason to disbelieve the basis for getting a new

4 attorney.

5 So under the circumstances, I'm not going to

6 oppose a continuance. I do want to put on the record

7 though that this is the second -- you were present

8 here the last time. This is the second instance where

9 we have had a scheduled trial. All negotiations have

10 failed. Witnesses have been served and subpoenaed and

11 showed up and then something, not that counsel has

12 done, but something that Mr. Coughlin has done has

13 forced the trial date to be vacated and continued.

14 So the State's patience is wearing pretty

15 thin. I would ask that we just set the matter for

16 trial at this point pursuant to the new U S Supreme

17 Court cases. We do need to put on the record there

18 have been multiple plea negotiations and offers

19 extended both ways from the State as well as from the

20 defense to the State. Every single offer either way

21 has been rejected and it's my understanding they've

22 all been communicated both to Mr. Coughlin and to

23 myself and were rejected.

24 So negotiations have failed. Let's set this


1 matter for trial and hopefully we can conclude it on

2 that date.

3 MS. BOSLER: For the record, we've extended

4 the negotiations. The offers to Mr. Coughlin have

5 been rejected, and we believe this case will be going

6 to trial. I advised -- Mr. Coughlin may want to

7 address the court but it would be against my advice.

8 THE DEFENDANT: If I may, your Honor.

9 THE COURT: Well, Mr. Bossler is saying it's

10 against his advice.

11 THE DEFENDANT: I would like to regardless of

12 that, if I may, your Honor.

13 THE COURT: Okay.

14 THE DEFENDANT: Your Honor, I have not been

15 told why Mr. Goodnight is not available today. Mr.

16 Young has made representations that in his opinion,

17 it's my fault that there's a continuance being sought

18 here today. That would lead me to believe Mr. Bosler

19 has made some communications to Mr. Young or somebody

20 else in that regard. Otherwise, I imagine Mr. Young

21 is saying that without a basis in law or fact

22 attributing the need for a continuance to myself.

23 I'd like to move for a dismissal based on a

24 violation of the Sixth Amendment right to a speedy


1 trial in this regard and further --

2 THE COURT: You'll have to do that through

3 your attorney, sir.

4 THE DEFENDANT: Well, if I may just quickly

5 point out, your Honor, that there has not been an

6 arraignment on the second charge, and I believe the

7 State should not be allowed to pursue that and --

8 THE COURT: Which charge are you talking

9 about?

10 THE DEFENDANT: The possession of stolen

11 property.

12 MR. YOUNG: The amended complaint.

13 MR. BOSLER: Yeah. There's an amended

14 complaint still pending in the misdemeanor stolen

15 property petty theft case.

16 THE DEFENDANT: Lastly, your Honor, if I may,

17 I'd just like to preserve for the record that I'm

18 asserting ineffective assistance of counsel.

19 THE COURT: Sir, you will have the

20 opportunity to discuss all these motions with your

21 counsel. If counsel refuses without good cause to

22 file a motion or something, then you can always

23 discharge your counsel but at this point in time, you

24 are represented and the court is not prepared to allow


1 you to go forward unrepresented.

2 THE DEFENDANT: Just in that regard, your

3 Honor, I believe it may be law of the case in this

4 regard in that at an earlier hearing, you had ruled

5 that you would allow me to appear as co-counsel and I

6 have sought to do so.

7 THE COURT: I don't recall that, but I will

8 look at the --

9 MS. BOSLER: Your Honor, I believe there's

10 some ABA considerations and ethnic considerations

11 about having a client as co-counsel. We would urge

12 the court not to appoint him as co-counsel, but I

13 believe that may have been brought before the court at

14 some earlier date. Again but, that's the reason we

15 have to have a new attorney assigned --

16 MR. YOUNG: Your Honor, in fact, on

17 February 27th, I filed an opposition to a motion to

18 continue filed by the defense as well as an opposition

19 to the motion to appoint co-counsel. So technically,

20 that's an issue that also needs to be resolved before

21 your Honor, but the State is opposing any sort of

22 co-counsel.

23 Briefly as to --

24 THE COURT: Wait, I'm sorry, this is in this


1 case on what date?

2 MR. YOUNG: I file stamped February 2, 27,

3 2:55, P.M. it's titled "Opposition to Motion to

4 continue trial date and motion to appoint co-counsel."

5 The motion to appoint co-counsel was more or less

6 something filed by I believe Mr. Goodnight and was in

7 conjunction with a fugitive document Mr. Coughlin had

8 filed.

9 THE COURT: Do you have any knowledge that

10 that was granted?

11 MR. YOUNG: To my knowledge, it hasn't been.

12 This was a case, if you recall, that Mr.

13 Coughlin asked to transfer the case pursuant to

14 statute to Mental Health Court. The State opposed

15 that and this court granted that application. So

16 basically all the pending motions, there's a Motion to

17 Suppress, a motion for co-counsel, we do need to

18 arraign Mr. Coughlin, basically all that was stayed

19 pending his Mental Health Court treatment. That

20 obviously didn't work out and we're back.

21 THE COURT: Well, then we can't very well set

22 this for trial if he hasn't even been arraigned --

23 MR. YOUNG: That's why I'm suggesting let's

24 arraign him on the amended complaint, it's been on


1 file for six months and set a trial date.

2 The one thing I did want to address very

3 briefly as far as Mr. Coughlin's representations of

4 sharing information, the only thing Mr. Bosler shares

5 with me is that he needs to take Mr. Goodnight off the

6 case. I know in speaking with Mr. Goodnight, him

7 prepping up the case and providing me with discovery

8 that he's going to provide, it's my understanding that

9 Mr. Goodnight was ready to go. So I don't know why

10 he's being taken off the case. I can only assume and

11 it's not too far of a stretch that it's.

12 THE COURT: I don't want you to assume

13 anything.

14 MR. YOUNG: Well, I'm not assuming.

15 I guess my point is this is that Mr. Coughlin

16 is saying that their communication between me and Mr.

17 Bosler. What Mr. Bosler told the court is the same

18 thing he told me. He needs to take Joe off the case.

19 So I just want it to be put on the record because of

20 what the history of this case is is that there's

21 nothing impractical going on here between me and Mr.

22 Bosler, it's pretty clear that it's Mr. Coughlin.

23 THE COURT: I'm not going to arraign him

24 today because I am going to allow the defense to make


1 any appropriate motion and if the court determines

2 that the case should be or any counts should be

3 dismissed, then there would be no need to arraign him

4 on it.

5 So what I will do is I will grant the motion

6 to continue both of these cases for a trial date,

7 actually for an arraignment date and then we can set

8 the trial after that because any motions that the

9 defense wants to make can be made then and we can

10 dispose of Mr. Young's motions as well.

11 MR. YOUNG: Your Honor, I would respectfully

12 request that we have the trial date the same day, it's

13 the same witnesses. They've already been here. This

14 is at least twice or maybe the third time they're

15 here, it's a complete waste of their time to keep

16 coming back to court. So what I would suggest is we

17 set everything for the same day. If you're not

18 comfortable arraigning him today -- I think he can be

19 arraigned today if Mr. Bosler --

20 THE COURT: Well, I want a date for the

21 motions to be decided.

22 MR. YOUNG: And that's what I'm saying is I

23 would suggest we set that on the same day as the trial

24 date.


1 THE COURT: Well, then we have witnesses here

2 unnecessarily if the court dismisses the case.

3 So okay, we'll set a trial date and a date

4 for deciding the motions, and we'll set the trial date

5 out far enough that we can decide all pretrial

6 motions. We have two different judges too, so are we

7 consolidating the cases?

8 MS. BOSLER: At this point, we're only

9 talking about 11-063341. The other matter I think we

10 can reset at the counter, it's set for a status

11 conference today.

12 THE COURT: Is that your understanding as --

13 well, you said something about a global.

14 MS. BOSLER: Well, there's always that

15 potential so I didn't know whether the court was going

16 to entertain both cases today.

17 THE COURT: Okay.

18 Well, then on the Department II case, we will

19 set that matter for trial and I would suggest that it

20 would be at least a month out because -- does

21 August 29th work for all parties?

22 MS. BOSLER: Your Honor, I believe both

23 parties have witnesses available. We would ask that

24 they be held to their subpoenas for the August 29th


1 date.

2 THE COURT: Can the witnesses be identified?

3 MS. BOSLER: We have Robert Dawson and Nathan

4 Zarate.

5 THE COURT: Who, Robert?

6 MS. BOSLER: Robert Dawson and Nathan Zarate.

7 THE COURT: And the State?

8 MR. YOUNG: In addition to that, your Honor,

9 we have Officer Duralde.

10 THE COURT: Is your officer here?

11 MR. YOUNG: He's the gentleman standing up

12 with the SWAT gear.

13 THE COURT: All right.

14 Then you are all held to your subpoenas

15 meaning you will have to return on August 29th at --

16 THE DEFENDANT: Your Honor, can I make one

17 last interjection please?

18 THE COURT: Well, wait let me finish here.

19 THE DEFENDANT: Yes, sir.

20 THE COURT: August 29th at 8:30 AM and -- you

21 can be seated, please. I just want to find out what

22 his objection is but then you'll be free to go.

23 THE DEFENDANT: Your Honor, I don't believe

24 the victim has shown up today, Mr. `Goble. I think


1 he's under subpoena and if he's not here, I think that

2 speaks volumes. He did batter me recently. He

3 flicked his cigarette at me from close range at high

4 speed unprovoked.

5 So I don't know if that is any part why he's

6 not here today but he's not so I would move for a

7 dismissal. I know maybe I can't make the motion, your

8 Honor but --

9 THE COURT: Thank you. I'm going to deny at

10 this point, sir.

11 Anyhow, the witnesses are free to go and we

12 will set a date for deciding all pretrial motions.

13 How soon, Mr. Bosler, will your -- will you be able to

14 file any motions?

15 MS. BOSLER: You've given us a date of

16 August 29th. I think that's acceptable. We can work

17 within that date unless you want the information

18 quicker.

19 THE COURT: Well, my concern is I don't the

20 witnesses to come back here for a trial that we may or

21 may not have based on these motions.

22 MR. BOSLER: Understood, your Honor, I

23 apologize. If you keep the August 29th as the trial

24 date, I'll have a new attorney assigned. If they


1 think new motions are worthwhile, they'll file those

2 and we'll get those set before the 29th.

3 THE COURT: And Mr. Young has some motions as

4 well that need to be decided.

5 MR. BOSLER: Maybe we can package them all up

6 and still get the 29th as a trial date.

7 THE COURT: But I will arraign him today then

8 since we are facing a time crunch. I understand the

9 arraignment -- he can reserve his rights to challenge

10 the timeliness.

11 So, sir, would you please stand. I have an

12 amended criminal complaint; have you received a copy

13 of it?

14 THE DEFENDANT: No.

15 THE COURT: And --

16 THE DEFENDANT: I don't believe I have, your

17 Honor. I might have previously.

18 MS. BOSLER: Your Honor, the District

19 Attorney just provided me a copy of the amended

20 complaint. It -- the State charges petty larceny and

21 possession of stolen property, both misdemeanors.

22 The record should reflect I'm showing that to

23 Mr. Coughlin, and he's not indicating his name is

24 incorrectly spelled. I believe he's familiar with the


1 charges.

2 THE DEFENDANT: Your Honor, I'm handcuffed, I

3 can't read this.

4 THE COURT: All right.

5 I'm just going to allow you stand mute so you

6 can preserve all your challenges and we will arraign

7 you on this and set it for trial as indicated. We'll

8 enter a not guilty plea for you, sir.

9 THE DEFENDANT: Okay. Thank you, your Honor.

10 THE COURT: That way any challenge you have

11 you can make.

12 THE DEFENDANT: Thank you, your Honor.

13 THE COURT: Okay.

14 MS. BOSLER: Thank you, your Honor.

15 (Whereupon the proceedings were concluded.)

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1 STATE OF NEVADA )

2 )Ss.

3 COUNTY OF WASHOE )

4

5 I, GAIL R. WILLSEY, a notary public in and

6 for the County of Washoe, State of Nevada, do hereby

7 certify:

8 That I was provided a JAVS recording and

9 that said recording was transcribed by me, a Certified

10 Shorthand Reporter, in the matter entitled herein;

11 That said transcript which appears

12 hereinbefore was taken in stenotype notes by me from

13 the recording and thereafter transcribed into

14 typewriting as herein appears to the best of my

15 knowledge, skill and ability and is a true record

16 thereof.

17

18 ___________________________

19 GAIL R. WILLSEY #359

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SUNSHINE REPORTING - (775) 323-3411SUNSHINE REPORTING - (775) 323-3411

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7 16 12 0204 063341 2025 Transcript of Proceedings - 179504gw-Full

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Transcript of 7 16 12 0204 063341 2025 Transcript of Proceedings - 179504gw-Full