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Court Report: Four Remaining Defendants in Oregon Case

Today in court, Jonathan, Nathan, Joyanna and Daniel were arraigned on superceding indictment II. I will have to compare indictments to see what is different from the last superceding, aside from the removal of the other defendants from the indictment, as all are now taking plea agreements. All four of the remaining defendants were in the courtroom with their attorneys, Nathan and Joyanna in shackles and "jail greens".
US Atty Kirk Engdall gave an update about discovery. He said 27,000 pages have been released to defendants, as well as 71 CDs, 4 DVDs and 3 cassette tapes. He said that 1000 documents related to Romania Chevrolet and UW would be released within 30 days, as well as documents and materials related to the testimony of cooperating defendants and unindicted informants.

Jonathan Paul's attorney asked for a hearing on the motion for discovery, stating that Judge Coffin had already ruled that the delayed discovery was to be released within 30 days at the last status hearing (at the beginning of June). He further stated that he is concerned with the continued use of the Grand Juries for trial preparation - a misuse of Grand juries under the law - and that he believes this is why the remaining discovery has been delayed. The other attorneys seconded this concern, to which Judge Coffin stated flippantly that everyone's rights would be reserved. No reprimand was given the US attorney's office for the delays or the misuse of the Grand Jury. A hearing was set for August 7th. Nathan and Joyanna will be in attendance. Jonathan and Daniel's presence was waived.

Nathan's attorney also asked that Nathan and Joyanna be allowed to be in each others' presence in their attorneys' presence. Coffin allowed that the remaining four defendants may meet with each other in the presence of their attorneys. Nathan and Joyanna have not been able to see each other outside of court appearances until this time, so this was very good news.
Superceding Indictment II 28.Jun.2006 16:33

Gumby Cascadia

Defendants on charge : B, Z, M, P (Block, Zacher, McGowan, Paul)

Count 1: B, Z, M, P, conspiracy, 5 yr mand min/20 yr max
Count 2: B, Z, M, P, conspiracy, 5 yr mand min/20 yr max
Count 6: P, arson, Cavel West, 5 yr mand min/20 yr max
Count 14: M, arson, Superior Lumber, 5 yr mand min/20 yr max
Count 15: M, enhancement, destructive device, 30 yr mand min/man life for 2nd conv
Counts 16-50: Z, B, arson, Romania, 5/20 FOR EACH VEHICLE
Count 51: Z, B, enhancement, des. dev., 30/life for 2nd conviction
Count 52: M, Z, B, arson, Jefferson Poplar, 5/20
Count 53: M, Z, B, enhancement, des. dev., 30/life for 2nd conviction
Count 54: M, Z, B, arson, JP vehicle shop, 5/20
Count 55: M, Z, B, arson, JP, office, 5/20
Counts 56-65: M, Z, B, 10 vehicles at JP, 5/20 FOR EACH VEHICLE

wondering 28.Jun.2006 18:33

dr. blah

Thanks for that Gumby.

Couple questions:

Are the indivuals not in custody (Dibee, Overaker, Rubin, Solondz) still named in the new indictment along with the four?

Can anyone post the new indictment in it's entirety?

dunno... 28.Jun.2006 18:50

Gumby

There was no mention in court of those folks. I am hoping a copy of the indictment will be posted online soon by the CLDC.

did the october 31st trial date change? 28.Jun.2006 23:23

curious

any news on whether or not the start of the trial has been pushed back from the october 31st date?

No 29.Jun.2006 10:12

Gumby

No one moved to change the trial date yet, but Jonathan's attorney pointed out that they hadn't moved to change the date because they expected the discovery by now, which they haven't gotten. So, it could still be changed.

October 31st 29.Jun.2006 10:22

Jack-O-Lantern

As I understand it, October 31st is no more. Nothing is set, but at this point, I'd say spring 2007 or later. This is big, it'll take years unfortunately and the government isn't in a hurry.

no continuence... yet 29.Jun.2006 16:41

Gumby

It is very likely that the trial will be reset for later, but there was no decision or motion for continuence in court yesterday.

court jargon illiterate 29.Jun.2006 16:41

duh?

This update stated that defendants "rights would be reserved"... what does that mean. Full context follows.

"He further stated that he is concerned with the continued use of the Grand Juries for trial preparation - a misuse of Grand juries under the law - and that he believes this is why the remaining discovery has been delayed. The other attorneys seconded this concern, to which Judge Coffin stated flippantly that everyone's rights would be reserved."

that was all he said... 29.Jun.2006 17:23

Gumby

It sounded dumb to me, too. Everyone looked bewildered when he said it, because it didn't address anything.

second superseding indictment 29.Jun.2006 20:40

legal

superseding indictment #2
second superseding indictment
second superseding indictment

^^^ 30.Jun.2006 09:23

...

Please re-upload the pdf of the indictment... it doesn't work!

it does work 01.Jul.2006 09:53

re:^^^

It worked for me.....are you on a Mac? I've had issues on mine downloading pdf's here, but I can read them on PC's.