26 August 2001
Source: Electronic files of Western Washington District Court via PACER.
Files hyperlinked below are in multi-image TIFF format used by the court, viewable by Kodak's Imaging for Windows, Quick Time, Graph Works or other multiple-image viewers.
Note: All case files before No. 162 were removed from the court's Web site and sealed by Judge Tanner when he learned during the trial that file No. 133 disclosed names of the jury pool and jurors selected for the trial. By his order at No. 162 most of the files were unsealed except for seven which remain sealed, as indicated. However the unsealed files were not restored to the court's Web site and remain unavailable there. Files offered here were downloaded prior to the sealing order or as later files were put on the site.
| Docket as of August 25, 2001 3:08 am | Web PACER (v2.3) |
Case Referred to: Law Clerk Gregory Leever
DECLAN MCCULLAGH (0) Timothy L Alger
Interested Party [COR LD NTC]
GIBSON, DUNN & CRUTCHER
333 S GRAND AVE
STE 4600
LOS ANGELES, CA 90071-3197
213-229-7000
Kelly P Corr
FTS FAX
FAX 625-0900
[COR LD NTC]
Guy Paul Michelson
FTS FAX
FAX 625-0900
[COR LD NTC]
CORR CRONIN
1001 4TH AVE
STE 3700
SEATTLE, WA 98154-1135
206-625-8600
Pending Counts:
NONE
Terminated Counts:
NONE
Complaints:
NONE
Case Assigned to: Judge Jack E. Tanner
Case Referred to: Law Clerk Gregory Leever
JAMES DALTON BELL (1) Wayne Clark Fricke
defendant [term 02/16/01]
FTS FAX
FAX 1-253-572-1441
[COR LD NTC cja]
LAW OFFICES OF MONTE E HESTER
1008 S YAKIMA AVE
STE 302
TACOMA, WA 98405
253-272-2157
Robert M Leen
FTS FAX
FAX 748-7821
[COR LD NTC cja]
601 UNION ST
STE 4610
SEATTLE, WA 98101-3903
206-748-7817
Pending Counts: Disposition
18:2261.F Interstate Stalking Count 2 - 5 yrs incarceration;
(2s) Count 3 - 5 yrs (consecutive
to Ct 2), to be followed by 3
yrs to supervised release;
$10,000.00 fine (interest
waived); $200.00 special
assessment.
(2s)
18:2261.F Using Facilities of Count 2 - 5 yrs incarceration;
Interstate Commerce of Count 3 - 5 yrs (consecutive
Interstate Stalking to Ct 2), to be followed by 3
(3s) yrs to supervised release;
$10,000.00 fine (interest
waived); $200.00 special
assessment.
(3s)
Offense Level (opening): 4
Terminated Counts: Disposition
18:2261.F Interstate Stalking dismissed without prejudice
(1 - 2) (1 - 2)
18:2261.F Interstate Stalking dismissed without prejudice
(1s) (1s)
18:2261.F Interstate Stalking dismissed without prejudice
(4s - 5s) (4s - 5s)
Offense Level (disposition): 4
Complaints Disposition
For Violation of 18:2261A - dismissed without prejudice
Interstate Stalking (-1)
[ 3:00-m -5172 ]
U. S. Attorneys:
Helen J Brunner
FTS FAX
FAX 553-0755
[COR LD NTC]
Robert Louis Jacob London
FTS FAX
FAX 553-0755
[COR LD NTC]
U S ATTORNEY'S OFFICE
601 UNION ST
STE 5100
SEATTLE, WA 98101-3903
206-553-7970
DATE # DOCKET ENTRY
11/17/00 1 COMPLAINT signed by Magistrate Judge J. K. Arnold
HTML [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/17/00 -- DEFENDANT James Dalton Bell arrested
[ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 2 MOTION to detain by USA as to James Dalton Bell
[ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 3 MINUTES of Initial : JKA, Dep Clerk A Swan, AUSA B Sievers
for R London, Def Counsel Wayne Fricke for B Leen, Tape #
JKA 695, USPT Julie Busic, dft present in custody; Dft
advised of rights/charges; first appearance of James
Dalton Bell , Attorney Wayne Fricke for Robert M Leen for
this hrg only appointed/present; detention hearing set
for 3:30 on 11/22/00; preliminary exam set for 4:00 on
11/29/00; Dft remanded. (cc: counsel, PTS, USMO, Min Bk)
[ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 6 FINANCIAL AFFIDAVIT as to James Dalton Bell; Qualified by
JKA
[ 3:00-m -5172 ] (tw) [Entry date 11/28/00]
11/22/00 4 MINUTES of Detention Hrg : JKA, Dep Clerk A Swan, AUSA H
Berry for R London, Def Counsel Robert Leen, Tape # JKA
696, USPT Joe Mendez, dft present in custody; dft
stipulates to detention; dft ordered DETAINED w/o prej to
review [2-1]; Dft remanded. (cc: counsel, PTS,
USMO, Min Bk)
[ 3:00-m -5172 ] (tw) [Entry date 11/27/00]
11/22/00 5 DETENTION ORDER of James Dalton Bell pending Trial by
Magistrate Judge J. K. Arnold (cc: counsel, PTS, USMO)
[ 3:00-m -5172 ] (tw) [Entry date 11/27/00]
11/27/00 12 ARREST Warrant returned executed as to James Dalton Bell
11/17/00 (tw) [Entry date 12/04/00]
11/28/00 7 CJA Form 20 (Appointment of Counsel)for James Dalton Bell;
appointing Wayne Clark Fricke for purposes of the initial
appearance only.
[ 3:00-m -5172 ] (kam) [Entry date 11/28/00]
11/28/00 8 CJA Form 20 (Appointment of Counsel) for James Dalton Bell ;
appointing Robert Leen; terminating attorney Wayne Clark
Fricke.
[ 3:00-m -5172 ] (kam) [Entry date 11/28/00]
11/29/00 9 INDICTMENT by USA Robert Louis Jacob London. Counts filed
against James Dalton Bell (1) count(s) 1-2 (car)
[Entry date 11/30/00]
11/29/00 10 ORDER CONTINUING DETENTION by Magistrate Judge Monica J.
Benton as to James Dalton Bell (car) [Entry date 11/30/00]
11/29/00 11 MINUTES of Arraignment on Indictment:JKA, Dep Clerk:Kelly
Miller, AUSA:Cpt Gordon for Robb London, Def Counsel:
Robert Leen, Tape #JKA 698, USPT/USPO:none. D' pres in
custody. D' James Dalton Bell arraigned; PLEADS NOT
GUILTY TO CHARGES. Attorney present. Pretrial motions
cutoff ddl set 12/20/00 and jury trial set for 9:30 a.m. on
1/22/01 for James Dalton Bell. D' remanded. (cc:
counsel, Judge, PTS, USMO, USPO) (car) [Entry date 11/30/00]
12/11/00 13 MOTION for in camera hearing re: legal cnsl by D' NOTED
FOR 12/22/00 (car) [Entry date 12/11/00]
12/11/00 14 LETTER by D' Bell re: cnsl (car) [Entry date 12/12/00]
12/14/00 15 MOTION to suppress by defendant; ORAL ARGUMENT REQUESTED
NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/14/00 16 MOTION to continue trial date by defendant NOTED FOR
12/22/00 (car) [Entry date 12/18/00]
12/14/00 17 MOTION to dismiss indictment by defendant; ORAL ARGUMENT
REQUESTED NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/14/00 18 MOTION to change venue by defendant; ORAL ARGUMENT
REQUESTED NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/22/00 20 MOTION for pretrial conference by defendant James Dalton
Bell NOTED FOR 1/5/01 (ec) [Entry date 12/27/00]
12/26/00 19 CJA Form 20 (Attorney Payment Voucher) by Wayne Clark
Fricke for James Dalton Bell Voucher #: 001215000163
Amount Paid: 126.00 (ec) [Entry date 12/26/00]
12/28/00 21 MEMORANDUM by defendant re motion for in camera hearing
re: legal cnsl by D' [13-1] (ec) [Entry date 12/28/00]
12/29/00 22 MINUTE ORDER by Judge Jack E. Tanner ; motion hearing is
1:30 on 1/4/01 for James Dalton Bell (cc: counsel, Judge)
(ec) [Entry date 12/29/00]
1/3/01 23 PROPOSED COLLOQUY by Gov't for use at Faretta Hrg on D'
request to proceed pro se [13-1] (car) [Entry date 01/04/01]
1/3/01 24 RESPONSE by Gov't to motion to change venue by defendant
[18-1] (car) [Entry date 01/04/01]
1/3/01 25 RESPONSE by Gov't to motion to suppress by defendant [15-1]
(car) [Entry date 01/04/01]
1/3/01 26 RESPONSE by Gov't to motion to dismiss indictment by
defendant [17-1] (car) [Entry date 01/04/01]
1/3/01 27 MOTION for competency evaluation for D' Bell by USA (car)
[Entry date 01/04/01]
1/3/01 28 DECLARATION of Robb London in support of motion for
competency evaluation for D' Bell [27-1] (car)
[Entry date 01/04/01]
1/3/01 -- LODGED ORDER re: motion for competency evaluation for D'
Bell by USA [27-1] (car) [Entry date 01/04/01]
1/3/01 29 MINUTES of Hrg on Mtn for Competency:JET, Dep Clerk:Debby
Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Teri Hendrix. D' pres in custody. Hrg held. Court
continues matter to 1:30 p.m. on 1/5/01. (cc: counsel,
Judge, PTS, USMO, USPO) (car) [Entry date 01/04/01]
1/5/01 30 MOTION to require D' to furnish handwriting exemplars by
USA as to James Dalton Bell (car) [Entry date 01/05/01]
1/5/01 -- LODGED ORDER re: motion to require D' to furnish
handwriting exemplars by USA as to James Dalton Bell
[30-1] (car) [Entry date 01/05/01]
1/5/01 31 MINUTES of Hrg on Mtn for Competency:JET, Dep Clerk:Debby
Harrison, AUSA:R London, Def Counsel:R Leen, CR:L Luce
(Vernon). D' moves to excl witnesses. Court signs Order
for competency evaluation and directs Gov't to file Order
re Discovery procedures. (cc: counsel, Judge, PTS, USMO,
USPO) (car) [Entry date 01/08/01]
1/5/01 32 ORDER by Judge Jack E. Tanner GRANTING motion for
competency evaluation for D' Bell by USA [27-1] medical
examination ordered for James Dalton Bell. **SEE ORDER FOR
DETAILS** excludable started. (cc: counsel, Judge) (car)
[Entry date 01/08/01]
1/8/01 -- Gov't's proposed ORDER on Non-Disclosure of Discovery (car)
[Entry date 01/10/01]
1/8/01 34 MOTION to reconsider Court's restriction on D' access to
discovery by defendant NOTED FOR 1/19/01 (car)
[Entry date 01/10/01]
1/9/01 33 ORDER by Judge Jack E. Tanner RULING ON motion to require
D' to furnish handwriting exemplars by USA as to James
Dalton Bell [30-1] is STAYED. (cc: counsel, Judge) (car)
[Entry date 01/09/01]
1/11/01 35 ORDER by Judge Jack E. Tanner that no materials disclosed
by the Gov't as part of its disc obligation shall be shared
by def cnsl w/the dft until further ntc of the Court.(cc:
counsel, Judge) (car) [Entry date 01/11/01]
1/16/01 36 RENEWED MOTION for Court to address D' concerns re:
counsel NOTED FOR 1/26/01 (car) [Entry date 01/17/01]
1/17/01 37 ORDER by Judge Jack E. Tanner that D' motion to reconsider
Court's restriction on D' access to discovery defendant
[34-1] is STAYED. It will be considered after it is
determined whether or not the D' is competent to proceed in
this matter. (cc: counsel, Judge) (car)
[Entry date 01/17/01]
1/17/01 38 ORDER by Judge Jack E. Tanner that D' renewed motion for
Court to address D' concerns re: counsel [36-1] is stayed.
It will be considered after it is determined whether or not
the D' is competent to proceed in this matter. (cc:
counsel, Judge) (car) [Entry date 01/17/01]
1/25/01 39 SUPERSEDING indictment James Dalton Bell (1) count(s)
1s-2s, 3s, 4s-5s (car) [Entry date 01/26/01]
1/25/01 40 ORDER CONTINUING DETENTION by Magistrate Judge Monica J.
Benton as to James Dalton Bell (car) [Entry date 01/26/01]
1/29/01 41 TRANSCRIPT of proceedings for the following date(s): 1/3/01;
CR initials: T Hendrix (mw) [Entry date 01/31/01]
1/31/01 42 ARRAIGNMENT LETTER by US Attorney (car)
[Entry date 01/31/01]
2/1/01 43 DECLARATION of James Dalton Bell re: mental competency (car)
[Entry date 02/02/01]
2/6/01 44 TRANSCRIPT of proceedings for the following date(s): 1/5/01
(Re: Mental Evaluation/Exam) CR initials: Laura A. Gjuka
(car) [Entry date 02/07/01]
2/8/01 45 MTN for sanc & recuse various ofcrs of the Court incl
Atty's Leen & London & the Court by D'; OA REQ NOTED FOR
2/16/01 (car) [Entry date 02/08/01]
2/12/01 46 NOTICE OF COMPETENCY HEARING by Judge Tanner Competency
hearing scheduled for 10:00 a.m. on 2/16/01 for James
Dalton Bell. (cc: Judge, all counsel) (car)
[Entry date 02/12/01]
2/15/01 47 NOTICE and ALERT by D' James Dalton Bell of Violation of
Speedy Trial Act (car) [Entry date 02/16/01]
2/16/01 48 MEDICAL REPORT received for James Dalton Bell **FILED UNDER
SEAL** (car) [Entry date 02/16/01]
2/16/01 49 MINUTES of Hrg on Competency:JET, Dep Clerk:Debby Harrison,
AUSA:Robb London, Def Counsel:Robert Leen, CR:Teri Hendrix.
D' pres in custody. As to competency, D' requests
witnesses: Dr. (not present), Mr. London, DENIEDt. No obj
to report. Court FINDS D' competent. To dismiss Mr. Leen
- DENIED. To recuse JET - DENIED. To recuse Mr. London -
DENIED. All other D' mtns (filed prior to competency issue)
DENIED. Court signs Order re Handwriting exemplars.
Doctor's report ORDERED sealed. (cc: counsel, Judge, PTS,
USMO, USPO) (car) [Entry date 02/16/01]
2/16/01 50 ORDER by Judge Jack E. Tanner GRANTING motion to require D'
to furnish handwriting exemplars by USA as to James Dalton
Bell [30-1] (cc: counsel, Judge) (car)
[Entry date 02/16/01]
2/16/01 51 LETTER by cnsl for D' re: D' refusal to sign speedy trial
waiver (car) [Entry date 02/16/01]
2/16/01 52 LETTER by defendant James Dalton Bell re: attorney (car)
[Entry date 02/16/01]
2/16/01 53 MINUTES of Arraignment on Superceding Indictment:JKA, Dep
Clerk:Donna Smith, AUSA:Robb London, Def Counsel:Bob Leen,
Tape #JKA 710. D' pres in custody. D' James Dalton Bell
arraigned; PLEADS NOT GUILTY TO Superceding CHARGES.
Attorney present. Pretrial motions cutoff set for 3/9/01
for James Dalton Bell and jury trial set for 9:30 a.m. on
4/2/01 for James Dalton Bell. D' remanded. (cc:
counsel, Judge, PTS, USMO, USPO) (car) [Entry date 02/20/01]
2/23/01 54 MOTION for a bill of particulars on original & superceding
indictments by D' NOTED FOR 3/9/01 (car)
[Entry date 02/26/01]
2/23/01 55 MTN to recon recusal of Court and on-the-record instr of
D' to his unwilingly imposed appt cnsl by D' NOTED FOR
3/2/01 (car) [Entry date 02/26/01]
3/1/01 56 MOTION to appt an exp wit on Search Warrants & Evidence to
Ass't D', testify at evid hrg by D' NOTED FOR 3/9/01 (car)
[Entry date 03/01/01]
3/1/01 57 MOTION to order the psychological eval of 3 gov't wits by
exp wit appt'd for D' Bell by defendant NOTED FOR 3/9/01
(car) [Entry date 03/01/01]
3/1/01 58 STATEMENT by defendant James Dalton Bell and On-the-Record
instruction to Atty Robert Leen RE Disc & Other issues (car)
[Entry date 03/01/01]
3/1/01 59 MOTION for hearing re substitute counsel on behalf of D'
NOTED FOR 3/16/01 (car) [Entry date 03/01/01]
3/7/01 60 MOTION to compel discovery by defendant James Dalton Bell
NOTED FOR 3/16/01 (ec) [Entry date 03/07/01]
3/7/01 61 RESPONSE by Gov't to Dfts' pro se motions [54-1], [55-1],
[56-1], & [57-1] (car) [Entry date 03/09/01]
3/7/01 62 RESPONSE by Gov't to D' motion for hearing re substitute
counsel on behalf of D' [59-1] (car) [Entry date 03/09/01]
3/7/01 -- GOV'T LODGED ORDER re: motion to compel discovery by
defendant James Dalton Bell [60-1] (car)
[Entry date 03/09/01]
3/8/01 63 OBJECTIONS by D' to Gov't proposed order re: Governing D'
access to Discovery Materials [0-0] (car)
[Entry date 03/09/01]
3/8/01 64 MOTION to adopt previously filed mtns; mtn to adopt D' pro
se pleadings NOTED FOR 3/16/01 (car) [Entry date 03/09/01]
3/12/01 65 MOTION to compel disclosure of Gov't extortion of officers
of the court by defendant NOTED FOR 3/23/01 (car)
[Entry date 03/12/01]
3/12/01 66 MOTION to strike trial date by defendant NOTED FOR
3/23/01 (car) [Entry date 03/12/01]
3/12/01 67 MOTION to dismiss 1/25 superceding indictment due to
vindictiveness by defendant NOTED FOR 3/23/01 (car)
[Entry date 03/12/01]
3/13/01 68 MTN to adopt D' mtn to cmpl discl of Gov't Extortion of
Ofcrs of the Court; mtn to str trial; mtn to dism re
vindictiveness NOTED FOR 3/16/01 (car) [Entry date 03/13/01]
3/13/01 69 MOTION to continue trial by D' NOTED FOR 3/23/01 (car)
[Entry date 03/14/01]
3/13/01 70 EX PARTE FILING D' 1/11/01 discovery letter **FILED UNDER
SEAL** (car) [Entry date 03/14/01]
3/14/01 71 ORDER by Judge Jack E. Tanner GRANTING motion to adopt
previously filed mtns; mtn to adopt D' pro se pleadings
[64-1], DENYING motion for a bill of particulars on
original & superceding indictments by D' [54-1], DENYING
motion to recon recusal of Court and on-the-record instr of
D' to his unwilingly imposed appt cnsl by D' [55-1],
DENYING motion to appt an exp wit on Search Warrants &
Evidence to Ass't D', testify at evid hrg by D' [56-1],
DENYING motion to order the psychological eval of 3 gov't
wits by exp wit appt'd for D' Bell by defendant [57-1] (cc:
counsel, Judge) (car) [Entry date 03/14/01]
3/14/01 72 TRANSCRIPT FILED of 2/16/01 proceedings CR: T Hendrix (ec)
[Entry date 03/16/01]
3/15/01 -- LODGED AMENDED/REVISED ORDER by Gov't re: D' motion to
compel discovery by defendant James Dalton Bell [60-1] (car)
[Entry date 03/19/01]
3/16/01 73 REPLY by defendant TO RESPONSE to motion to compel
discovery by defendant James Dalton Bell [60-1] (ec)
[Entry date 03/16/01]
3/16/01 74 MOTION to suppress evidence associated w/search of dft's
car by defendant James Dalton Bell,EVIDENTIARY HRG REQ
NOTED FOR 3/30/01 (ec) [Entry date 03/16/01]
3/16/01 75 MOTION to deny witness, suppress evidence, and dismiss
certain charges by defendant James Dalton Bell NOTED FOR
3/30/01 (ec) [Entry date 03/16/01]
3/16/01 76 RESPONSE by defendant to Leen's motion adoption, govt's
improper response to Leen's representation motion (ec)
[Entry date 03/16/01]
3/16/01 77 MOTION to reveal identity of informants, request discovery
of govt surveillance activities by defendant James Dalton
Bell NOTED FOR 3/30/01 (ec) [Entry date 03/16/01]
3/20/01 78 MTN to adopt D' mtn to supr; D' self filed suppl resp; D'
Bell's mtn to deny wits; mtn to reveal the id of informants
by defendant NOTED FOR 3/30/01 (car) [Entry date 03/20/01]
3/20/01 79 PARTIAL WITNESS LIST submitted by defendant (car)
[Entry date 03/20/01]
3/20/01 80 MTN to Order Gov't to rapidly return material taken from
the D' after or before trial by D' NOTED FOR 3/30/01 (car)
[Entry date 03/20/01]
3/22/01 81 ORDER by Judge Jack E. Tanner hat D' mtn to compel
discovery [60-1] is GRANTED in part and DENIED in part. The
mtn is GRANTED insofar as it allows the D' access to disc
under the rules. **SEE ORDER FOR DETAILS** (cc: counsel,
Judge) (car) [Entry date 03/22/01]
3/23/01 82 NOTICE by defendant of Continuing "Brady" discovery
violation as of 3/20/01 (car) [Entry date 03/26/01]
3/23/01 83 RESPONSE by Gov't to D' Bell's mtn to order Gov't to
rapidly return material taken from the D' after or before
trial [80-1] (car) [Entry date 03/27/01]
3/23/01 84 RESPONSE by Gov't to D' Bell's motion to reveal identity of
informants, request discovery of govt surveillance
activities [77-1] (car) [Entry date 03/27/01]
3/23/01 85 RESPONSE by Gov't to D' Bell's motion to compel disclosure
of Gov't extortion of officers of the court (dkt #65) (car)
[Entry date 03/27/01]
3/23/01 86 RESPONSE by Gov't to D' Bell's mtion to compel request of,
production of, and disclosure of discovery material to D'
Bell (dkt #60) (car) [Entry date 03/27/01]
3/23/01 87 RESPONSE by Gov't to D' Bell's motion to dismiss 1/25
superceding indictment due to vindictiveness [67-1] (car)
[Entry date 03/27/01]
3/26/01 89 PRAECIPE by cnsl for James Dalton Bell re: issuance of 10
supboenas in blank (car) [Entry date 03/28/01]
3/26/01 90 RESPONSE by Gov't to D' Bell's motion to deny witness,
suppress evidence, and dismiss certain charges [75-1] (car)
[Entry date 03/28/01]
3/26/01 91 RESPONSE by Gov't to motion to strike trial date by
defendant [66-1] (car) [Entry date 03/28/01]
3/27/01 88 EX PARTE MOTION for court to order Marshal Svc to Srv Def
Subpoenas at Public Expense by D' (car)
[Entry date 03/27/01]
3/27/01 -- LODGED ORDER re: motion for court to order Marshal Svc to
Srv Def Subpoenas at Public Expense by D' [88-1] (car)
[Entry date 03/27/01]
3/28/01 92 28 CFR 16.23 CERTIFICATE RE Annmarie Levins submitted by D'
(car) [Entry date 03/28/01]
3/28/01 93 28 CFR 16.23 CERTIFICATE RE Robert Gombiner submitted by D'
(car) [Entry date 03/28/01]
3/28/01 94 28 CFR 16.23 CERTIFICATE RE Joanne Maida submitted by D'
(car) [Entry date 03/28/01]
3/28/01 95 28 CFR 16.23 CERTIFICATE RE Peter Avenia submitted by D'
(car) [Entry date 03/28/01]
3/28/01 96 28 CFR 16.23 CERTIFICATE RE Charles Volmer submitted by D'
(car) [Entry date 03/28/01]
3/28/01 97 28 CFR 16.23 CERTIFICATE RE Steven Walsh submitted by D'
(car) [Entry date 03/28/01]
3/29/01 98 MTN quashing subpoena on Declan McCullagh, or for
Protective Order; ORAL ARG REQUESTED NOTED FOR 4/6/01 (car)
[Entry date 03/29/01]
3/29/01 99 MEMORANDUM in support of motion quashing subpoena on Declan
McCullagh, or for Protective Order [98-1] (car)
[Entry date 03/29/01]
3/29/01 100 DECLARATION of Declan McCullagh re motion quashing subpoena
on Declan McCullagh, or for Protective Order [98-1] (car)
[Entry date 03/29/01]
3/29/01 -- LODGED ORDER re: motion quashing subpoena on Declan
McCullagh, or for Protective Order; ORAL ARG REQUESTED
[98-1] (car) [Entry date 03/29/01]
3/29/01 101 AFFIDAVIT OF SERVICE of motion quashing subpoena on Declan
McCullagh, or for Protective Order; ORAL ARG REQUESTED
[98-1], of memorandum [99-1], of declaration [100-1], of
order lodged [0-0] (car) [Entry date 03/29/01]
3/29/01 116 RETURN OF SERVICE by US Marshal's Office upon Robert
Gombiner re: Subpoena in a Criminal Case on 3/28/01 (car)
[Entry date 04/02/01]
3/29/01 117 RESPONSE by Gov't to D' mtn to supr evidence from and assoc
w/11/17th search of dft's car; EVIDENTIARY HRG REQ [74-1]
(car) [Entry date 04/02/01]
3/30/01 102 MTN for ltd atty voir dire to suppl court voir dire by
defendant NOTED FOR 4/13/01 (car) [Entry date 03/30/01]
3/30/01 103 MTN to withdraw defense counsel and have the Court appt
substitute cnsl by D' NOTED FOR 4/13/01 (car)
[Entry date 03/30/01]
3/30/01 104 MOTION to quash subpoena by Robert H. Gombiner NOTED FOR
4/13/01 (car) [Entry date 04/02/01]
3/30/01 105 AFFIDAVIT of Robert H. Gombiner regarding motion to quash
subpoenar [104-1] (car) [Entry date 04/02/01]
3/30/01 106 MOTION to quash subpoena by Peter Avenia NOTED FOR
4/13/01 (car) [Entry date 04/02/01]
3/30/01 107 AFFIDAVIT of Peter Avenia regarding motion to quash
subpoena [106-1] (car) [Entry date 04/02/01]
3/30/01 108 MOTION for order to show cause by USA as to James Dalton
Bell NOTED FOR 4/13/01 (car) [Entry date 04/02/01]
3/30/01 109 MEMORANDUM by Gov't in support of motion for order to show
cause as to James Dalton Bell [108-1] (car)
[Entry date 04/02/01]
3/30/01 110 AFFIDAVIT of Jeff Gordon in support of Gov't motion for
order to show cause as to James Dalton Bell [108-1] (car)
[Entry date 04/02/01]
3/30/01 -- LODGED ORDER re: motion for order to show cause by USA as
to James Dalton Bell [108-1] (car) [Entry date 04/02/01]
3/30/01 112 WITNESS LIST submitted by Gov't (car) [Entry date 04/02/01]
3/30/01 113 PROPOSED VOIR DIRE submitted by Gov't (car)
[Entry date 04/02/01]
3/30/01 114 TRIAL MEMORANDUM submitted by Gov't (car)
[Entry date 04/02/01]
3/30/01 115 RESPONSE by Gov't to D' motion to dismiss Counts Four and
Five [67-1] (car) [Entry date 04/02/01]
3/30/01 118 MTN by D' to dism Cts IV & V for failure to Allege a
Crime NOTED FOR 4/13/01 (car) [Entry date 04/02/01]
3/30/01 119 MTN for attorney to participate as out of state counsel
for Declan McCullagh (car) [Entry date 04/02/01]
3/30/01 120 DECLARATION of Guy P. Michelson in support of Timothy
Alger's application for admission pro hac vice for Declan
McCullagh [119-1] (car) [Entry date 04/02/01]
3/30/01 -- LODGED ORDER re: motion for attorney to participate as out
of state counsel for Declan McCullagh [119-1] (car)
[Entry date 04/02/01]
3/30/01 121 AFFIDAVIT OF SERVICE of Timothy Alger of motion for
attorney to participate as out of state counsel for Declan
McCullagh [119-1], of declaration [120-1], of order lodged
[0-0] (car) [Entry date 04/02/01]
3/30/01 122 AFFIDAVIT OF SERVICE of motion quashing subpoena on Declan
McCullagh, or for Protective Order; ORAL ARG REQUESTED
[98-1], of memorandum [99-1], of declaration [100-1], of
order lodged [0-0] (car) [Entry date 04/02/01]
3/30/01 123 NOTICE OF APPEAL (CCA #01-30143) by defendant James Dalton
Bell from the Orders (f any have been entered, or lack
thereof in their absence) on Motions filed as of 3/28/01.
(cc: CCA, counsel, Judge, CR, USMO, USPO, USPTS) (car)
[Entry date 04/02/01] [Edit date 08/16/01]
3/30/01 -- NO APPEAL FEE RECEIVED - IFP granted 11/20/00 (car)
[Entry date 04/02/01]
3/30/01 124 TIME SCHEDULE ORDER [123-1] transcript designation due
4/20/01 ; Transcript due 5/21/01 ; Appellant's opening
brief due by 7/2/01 Appellee's response brief due by 8/1/01
Reply (optional) brief due by 8/15/01 (cc: CCA, Judge, CR,
counsel) (car) [Entry date 04/02/01]
3/30/01 -- APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (car)
[Entry date 04/02/01]
3/30/01 131 PRAECIPE by Counsel for D' James Dalton Bell for issuance
of 7 trial subpoenas - Iss'd (car) [Entry date 04/03/01]
3/30/01 145 RETURN OF SERVICE by US Marshal's Office upon Peter J.
Avenia re: Trial Subpoena on 3/29/01 (seal)
[Entry date 04/09/01]
4/2/01 111 PROPOSED JURY INSTRUCTIONS (cited version) by Gov't (car)
[Entry date 04/02/01]
4/2/01 125 RESPONSE by Gov't to D' Bell's notice of appeal
(interlocutory) [123-1] (car) [Entry date 04/02/01]
4/2/01 126 RESPONSE by Gov't to motion quashing subpoena on Declan
McCullagh, or for Protective Order; ORAL ARG REQUESTED
[98-1] (car) [Entry date 04/02/01]
4/2/01 127 OBJECTIONS by D' to Gov't proposed jury instructions 11 &
12 [111-1] (car) [Entry date 04/02/01]
4/2/01 128 PROPOSED VOIR DIRE submitted by defendant (car)
[Entry date 04/02/01]
4/2/01 129 AFFIDAVIT OF SERVICE of the Declaration of Declan McCullagh
re: mtn to quash subpoena [100-1] (car)
[Entry date 04/02/01]
4/2/01 130 ORDER by Janet R. Thornton GRANTING motion for attorney
to participate as out of state counsel for Declan McCullagh
[119-1] (cc: counsel, Judge) (car) [Entry date 04/03/01]
4/3/01 132 MINUTES of Jury Trial - Day 1:JET, Dep Clerk:Debby
Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Julaine Ryen. D' pres in custody. Hrg on mtn to quash
subpoena on Declan McCullagh - DENIED. (Local Atty: G
Michelson introduces Timothy Alger). Def to w/d as cnsl -
DENIED, to DISMISS Cts 4 & 5 - DENIED; All D' pro se mtns -
DENIED. Def to exclude witnesses - GRANTED, for RECUSAL -
DENIED. To quash subpoenas of Peter Avenia and Robert
Gombiner - GRANTED. Jurors called/sworn/selected/sworn.
Opening stmts. Gov't calls witnesses. Court in recess
until 9:30 a.m. on Wednesday. (cc: counsel, Judge, PTS,
USMO, USPO) (car) [Entry date 04/04/01]
4/3/01 133 JURY PEREMPTORY CHALLENGES and Challenges for Cause (car)
Sealed [Entry date 04/04/01]
4/3/01 134 DECLARATION of Theresa Montoya (car) [Entry date 04/04/01]
4/3/01 135 DECLARATION of Jill Sjodin re Discovery Material Review
(car) [Entry date 04/04/01]
4/3/01 136 DECLARATION of John McCafferty re Review of Discovery
Material (car) [Entry date 04/04/01]
4/3/01 138 RETURN OF SERVICE by US Marshal's Office upon Joanne Maida
re: Subpoena in a Criminal Case on 3/30/01 (car)
[Entry date 04/05/01]
4/3/01 140 RETURN OF SERVICE by US Marshal's Office upon AnnMarie
Levins re: Subpoena in a Criminal Case on 4/2/01 (car)
[Entry date 04/05/01]
4/3/01 141 RETURN OF SERVICE by US Marshal's Office upon Charles
Vollmer re: Subpoena in a Criminal Case on 3/28/01 (car)
[Entry date 04/05/01]
4/4/01 137 MTN for mistrl due to Court's refusal to allow D' to make
an opening stmt after having instructed the jury that this
would be allowed by D' (car) [Entry date 04/04/01]
4/4/01 139 MINUTES of Jury Trial - Day 2:JET, Dep Clerk:Debby
Sealed Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Julaine Ryen, D' pres in custody. Hrg on mtn to quash
subpoena of Maida and Levinson - GRANTED. D' to EXCCLUDE
pix of weapons - DENIED, for mistrial - DENIED. Jury
returns. Gov't calls witnesses. Court in recess until
Thursday at 9:30 a.m. D' remanded. (cc: counsel, Judge,
PTS, USMO, USPO) (car) [Entry date 04/05/01]
4/5/01 142 ORDER by Judge Jack E. Tanner that the entire Court file
ORDERED SEAL until jury verdict, per Judge's order of
4/4/01 p.m. (cc: counsel, Judge) (seal)
[Entry date 04/05/01]
4/5/01 143 MINUTES of Jury Trial - Day 3:JET, Dep Clerk:Debby
Sealed Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Julaine Ryen, D' pres in custody. J Rabatin resumes
stand. Gov't calls witnesses. Court in recess until 9:30
Fri. D' remanded. (cc: counsel, Judge, PTS, USMO, USPO)
(seal) [Entry date 04/06/01]
4/5/01 146 RETURN OF SERVICE by US Marshal's Office upon Ernest
"Ernie" Grizzell re: Trial Subpoena on 4/2/01 (seal)
[Entry date 04/09/01]
4/5/01 161 MOTION to seal exhibits by Gov't (seal)
[Entry date 04/11/01]
4/5/01 -- LODGED ORDER re: motion to seal exhibits by Gov't [161-1]
(seal) [Entry date 04/11/01]
4/6/01 144 MINUTES of Jury Trial - Day 4:JET, Dep Clerk:Debby
Sealed Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Julaine Ryen, D' pres in custody. J Gordon resumes
stand. Gov't rests. Jury excused. D' moves for jgmt of
acquittal under Rule 29 - argument - DENIED. Jury returns.
D' calls witness. Court in recess until 9:30 a.m. Monday.
D' remanded. (cc: counsel, Judge, PTS, USMO, USPO) (seal)
[Entry date 04/09/01]
4/6/01 147 TRANSCRIPT of proceedings for the following date: 2/16/01 -
Arraignment Hearing - Trancribed by Brian Killgore (seal)
[Entry date 04/09/01]
4/9/01 148 MEMORANDUM OF LAW by defendant RE D' 1st Amendment Defense
to Stalking Charges (seal) [Entry date 04/09/01]
4/9/01 149 EX PARTE DECLARATION of Robert M. Leen (seal)
Sealed [Entry date 04/09/01]
4/9/01 150 MEMORANDUM OF LAW by defendant re Competency Issues during
Trial (seal) [Entry date 04/09/01]
4/9/01 151 MINUTES of Jury Trial - Day 5:JET, Dep Clerk:Debby
Sealed Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Julaine Ryen, D' pres in custody. Def cnsl moves for
competency hrg of D', to w/d as cnsl. Court questions dft
- Dfts' mtns DENIED. Jury returns. Mr. Bell resumes stand.
Jury excused. Def cnsl re-news mtns for competency
evaluation, and to w/d atty, also for mistrial - DENIED.
Jury returns for cross-exam. D' again moves for mistrial -
DENIED. Jury excused until 9:30 Tuesday. Court takes
exceptions to instruction. D' again renews mtns, DENIED.
(cc: counsel, Judge, PTS, USMO, USPO) (seal)
[Entry date 04/10/01]
4/9/01 152 RETURN OF SERVICE by US Marshal's Office as to Sgt. David
King - returned as quashed per Judge Tanner's verbal quash
order. (seal) [Entry date 04/11/01]
4/9/01 153 RETURN OF SERVICE by US Marshal's Office as to Lisa
Stevenson - quashed per verbal Quash Order (seal)
[Entry date 04/11/01]
4/9/01 154 RETURN OF SERVICE by US Marshal's Office as to Alverna King
- returned unexecuted per verbal quash order (seal)
[Entry date 04/11/01]
4/9/01 155 RETURN OF SERVICE by US Marshal's Office as to Daniel J.
Saban - returned unexecuted per verbal quash order (seal)
[Entry date 04/11/01]
4/10/01 156 MINUTES of Jury Trial - Day 6:JET, Dep Clerk:Debby
Sealed Harrison, AUSA:Robb London, Def Counsel:Robert Leen,
CR:Julaine Ryen. Dft' in custody. Court instructs jury.
Closing arguments. 1:30 - jury retires to deliberate. 3:00
- jury sends notes re: intent. 5:00 - Jury sends note re
decision on counts. Jurors polled as to counts 2 & 3. Jury
excused. D' moves for mistrial - DENIED; to dismiss counts
1,4, & 5 - GRANTED w/o prejudice, to dismiss 2 & 3 for
irregularity - DENIED. D' has 10 days to file mtn.
Sentencing hearing set for 9:30 a.m. on 7/6/01 for James
Dalton Bell. D' remanded. (cc: counsel, Judge, PTS,
USMO, USPO) (seal) [Entry date 04/11/01]
4/10/01 157 JURY NOTES filed (seal) [Entry date 04/11/01]
4/10/01 158 COURT'S INSTRUCTIONS TO THE JURY (seal)
[Entry date 04/11/01]
4/10/01 159 COURT'S WITNESS LIST of Trial (seal) [Entry date 04/11/01]
4/10/01 160 COURT'S EXHIBIT LIST of Trial with counsels' return
signatures (seal) [Entry date 04/11/01]
4/11/01 162 ORDER by Judge Jack E. Tanner that on 4/5/01 this Court
ordered that the entire clerk's file in this trial be
sealed. Because the jury has now returned its verdicts,
the clerk's file is now unsealed. The following documents
however, will remain under seal: dkt numbers 48, 70, 132,
133, 139, 143, 144, 149, 151, and 156. Furthermore, the
court reporter's notes of voir dire shall be sealed and
shall not be transcribe without an order of the Court.
(cc: counsel, Judge) (car) [Entry date 04/11/01]
4/16/01 164 MOTION in arrest of jgmt and for new trial by James Dalton
Bell NOTED FOR 4/27/01 (car) [Entry date 04/18/01]
4/17/01 163 MTN for arrest of jgmt/no jurisdiction; new trial based on
newly disc evidence & numerous other causes; bail hrg
NOTED FOR 4/27/01 (car) [Entry date 04/17/01]
4/17/01 165 NOTICE OF APPEAL (CCA #01-30162) by defendant James Dalton
Bell from jury verdict in the US District Court [156-4] (cc:
CCA, counsel, Judge, CR, USPO, USPTS) (car)
[Entry date 04/18/01] [Edit date 04/27/01]
4/17/01 -- NO APPEAL FEE RECEIVED - IFP granted 11/20/00 (car)
[Entry date 04/18/01]
4/17/01 166 TIME SCHEDULE ORDER [165-1 - appeal on verdiict] transcript
designation due 5/9/01 ; Transcript due 6/8/01 ;
Appellant's opening brief due by 7/18/01 Appellee's
response brief due by 8/17/01 Reply (optional) brief due by
8/31/01 (cc: CCA, Judge, CR, counsel) (car)
[Entry date 04/18/01]
4/17/01 -- APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (car)
[Entry date 04/18/01]
4/20/01 167 MTN for appt of cnsl on appeal by D' Bell NOTED FOR
5/4/01 (car) [Entry date 04/20/01]
4/20/01 168 ADDENDUM by D' James Dalton Bell to motion in arrest of
jgmt and for new trial by James Dalton Bell [164-1] (car)
[Entry date 04/20/01]
4/23/01 169 MOTION to w/d as D' cnsl on appeal NOTED FOR 7/6/01 (car)
[Entry date 04/23/01]
4/23/01 -- Ent- D' Respone to 4/6/01 Order from 9th Circuit, forwarded
to CCA (car) [Entry date 04/24/01]
4/25/01 170 LETTER by Cnsl for D' directed to Appeal Clerk re: appeal
on verdict [165-1] (car) [Entry date 04/25/01]
4/26/01 171 NOTICE by defendant James Dalton Bell, memorialization of
certain conditions of misrepresentation at trial (ec)
[Entry date 04/26/01]
4/27/01 -- NOTIFICATION by Circuit Court of Appellate Docket Number
01-30162 (car) [Entry date 04/27/01]
4/27/01 172 RESPONSE by Gov't to D' motion for arrest of jgmt/no
jurisdiction; new trial based on newly disc evidence &
numerous other causes; bail hrg [163-1] [164-1] (car)
[Entry date 05/01/01]
5/2/01 173 TRANSCRIPT of excerpts from James D Bell's testimony for
the following date(s): 4/9/01; (Re: [165-1], [123-1] ) CR
initials: J Ryen (mw) [Entry date 05/02/01]
5/3/01 174 LETTER by Gov't directed to CCA re: premature filing of
appeal on verdict [165-1] (car) [Entry date 05/07/01]
5/10/01 -- ENT- Return to D' the Notice of Continuing Detention
Violation in District Court (addressed to Ninth Circuit
Court) (car) [Entry date 05/10/01]
5/25/01 175 RESPONSE by Gov't to D' Bell's "Ntc of Cont Det Violation
in District Court Case;" "Mtn for New Trial based on newly
disc evid; and clm that interlocutory appeal divested trial
court of jurisdiction." [163-1] (car) [Entry date 05/30/01]
6/7/01 176 NOTICE by D' to Atty Robert Leen, to prepare & file mtn for
stay of Ninth Circuit court decision pending Writ of
Certorari from the Supreme Court (car) [Entry date 06/07/01]
6/13/01 177 AMENDMENT by defendant to appeal from a list of final
orders [123-1] (car) [Entry date 06/13/01]
6/15/01 178 MINUTE ORDER by Judge Jack E. Tanner RE Change of Schedule
Sentencing hearing cont'd to 10:00 a.m. on 8/24/01 for
James Dalton Bell (cc: Judge) (car) [Entry date 06/15/01]
6/15/01 179 MOTION by defendant to dismiss case based on fraud on
Court NOTED FOR 6/29/01 (car) [Entry date 06/15/01]
6/18/01 180 MANDATE from Circuit Court of Appeals (CCA #01-30162) that
the appeal in this case be, and hereby is DISMISSED [165-1];
copy of opinion attached. (cc: all counsel) (car)
[Entry date 06/18/01]
6/19/01 181 LETTER by D' directed to the Clerk re: amended ntc of
appeal and request for new time schedule order [177-1] and
appt of cnsl on appeal (car) [Entry date 06/20/01]
7/24/01 182 MOTION to withdraw as attorney for D' Bell NOTED FOR
8/10/01 (car) [Entry date 07/24/01]
7/27/01 183 NOTICE and ALERT by defendant James Dalton Bell (car)
[Entry date 07/27/01]
8/9/01 184 SENTENCING MEMORANDUM re James Dalton Bell by defendant
James Dalton Bell (ec) [Entry date 08/09/01]
8/14/01 -- NOTIFICATION by Circuit Court of Appellate Docket Number
01-30143(interlocutory appeal on pending mtns/orders) (car)
[Entry date 08/16/01]
8/14/01 185 NOTICE OF APPEAL by defendant James Dalton Bell of 30
issues regarding the US District Court. **SEE ATTACHMENT**
(cc: CCA, counsel, Judge, CR, USMO, USPO, USPTS) (car)
[Entry date 08/16/01]
8/14/01 -- NO APPEAL FEE RECEIVED - IFP granted 11/20/00 (car)
[Entry date 08/16/01]
8/14/01 186 TIME SCHEDULE ORDER [on appeal filed 8/14/01 -185-1]
transcript designation due 9/4/01; Transcript due 10/4/01;
Appellant's opening brief due by 11/13/01; Appellee's
response brief due by 12/13/01; Reply (optional) brief due
by 12/27/01.(cc: CCA, Judge, CR, counsel) (car)
[Entry date 08/16/01]
8/14/01 -- APPEAL NOTIFICATION (appeal filed 8/14/01, #185) packet
sent to CCA (cc: cnsl) (car) [Entry date 08/16/01]
8/18/01 187 MANDATE from Circuit Court of Appeals (CCA #01-30143)
DISMISSING the appeal [123-1]; copy of opinion attached.
(cc: all counsel) (car) [Entry date 08/21/01]
8/20/01 188 NOTICE by defendant of Resubmission of Interlocutory Appeal
ntc 8/15/01. (car) [Entry date 08/22/01]
8/22/01 194 SENTENCING MEMORANDUM re James Dalton Bell by plaintiff
(car) [Entry date 08/24/01]
8/24/01 189 MINUTES of Sentencing:JET, Dep Clerk:Debby Harrison, AUSA:
Robb London, Def Counsel:Robert Leen, CR:Cathy Vernon. D'
pres in custody. D' mtns DENIED. Victims decline to speak
Sentencing James Dalton Bell (1) counts 2s & 3s: Count 2
- 5 yrs incarceration; Count 3 - 5 yrs (consecutive to Ct
2), to be followed by 3 yrs to supervised release;
$10,000.00 fine (interest waived); $200.00 special
assessment. D' adv of right to appeal. D' remanded. (cc:
counsel, Judge, PTS, USMO, USPO) (car) [Entry date 08/24/01]
8/24/01 190 JUDGMENT IN A CRIMINAL CASE by Judge Jack E. Tanner as to
James Dalton Bell case terminated (cc: counsel, Judge,
USMO, USPO, PTS, Jgm. Bk., Fin'l) Entered on: 8/24/01 (car)
[Entry date 08/24/01]
8/24/01 191 RENEWED MOTION for recusal by defendant (car)
[Entry date 08/24/01]
8/24/01 192 TRANSCRIPT of proceedings for the following date(s):
4/6/01, Transcript of Testimony of James Dalton Bell
(Volume 1) (Re: [185-1] ) CR initials: JR (car)
[Entry date 08/24/01]
8/24/01 193 TRANSCRIPT of proceedings for the following date(s): 4/9/01;
of testimony of James Dalton Bell (Volume 2) (Re: [185-1]
) CR initials: JR (car) [Entry date 08/24/01]