media coordinators notice - state v ralph john freese - srcr012345

7/29/2019 Media Coordinators Notice - State v Ralph John Freese - Srcr012345

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E-FILED 2013 JUL 01 2:51 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

RALPH J FREESE ,Defendant.

Case No: 02811 SRCR012345

INITIAL APPEARANCE POSSESSION OF A CONTROLLED

SUBSTANCE

Charges:01 - 124.401(5) - POSSESSION OF A CONTROLLED SUBSTANCE (SRMS)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

Years Prison

And/Or $1500.00

You will lose your driver's license for a period of days.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

(1) You must not use any alcohol or illegal drugs during the pendency of this matter.(2) You must obey all laws of Iowa and the U.S.(3) You are ordered to complete a substance abuse evaluation immediately at New

Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine

whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on at : AM at the .

If a preliminary hearing date has been set, you should contact the county attorney at

712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleSRCR012345 STATE VS RALPH JOHN FREESE

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-01 11:04:04

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IN T H E I O W A DISTRICT C O U R T F O R

FILED

Sac 2013 JUL 2 3C O U N T Y9: 18

S TA TE O F I O W A orIamtifEjPetitioner,vs .

fendanyRespondent.

Criminal Civi l / c .NO. . 5/7) . . .If a spouse lives with you, how much moneydoes your spouse make? per hour month yearList all other money you, or anyone else living in your household, has coming in: O PA 1 d A ^ 4 ^

j f i ^ W l y ^ / i U f * f , ] 0 ^ n o t * o f "'muk-t r a ^ - r < s t f i A ^ " i r ) s - / y t 0 U ' [List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: tO Q i V J y

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts: -S" /) JsWo^

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit. I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay fo r an attorney to represent me.

Date SignatureRev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.RALPH J FREESE ,

DEFENDANT.

02811 SRCR012345

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Charles Schulte, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 JUL 25 3:13 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.SRCR012345

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

RALPH J. FREESE )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on

behalf of the above-named defendant and on behalf of the defendant, waives preliminary

hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney



10/22

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

RALPH J. FREESE,

DOB: 04-18-1994

Defendant.

Case No. SRCR012345

TRIAL INFORMATION

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,

Iowa, and in the name and by the authority of the State of Iowa, accuses defendant,Ralph J. Freese (defendant) of the crime of POSSESSION OF A CONTROLLED

SUBSTANCE (MARIJUANA) FIRST OFFENSE, a violation of Iowa Code section

124.401(3), committed as follows: On or about July 1, 2013, the defendant knowingly

or intentionally possessed marijuana, which is a controlled substance, and the

defendant knew that the substance he possessed was marijuana.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

SRCR012345 STATE VS RALPH JOHN FREESE

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-07-31 11:42:22 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

RALPH J. FREESE,Defendant.

CRIMINAL NO. SRCR012345

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:

[ ] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation andprovide it to the Court. Failure to do so may result in the revocation of Defendants Pre TrialRelease.



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

SRCR012345 STATE VS RALPH JOHN FREESE

So Ordered

Electronically signed on 2013-07-31 11:42:23 page 2 of 2


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2RCR01


STATE OF IOWA,

PLAINTIFF,

vs.

RALPH J FREESE ,

DEFENDANT.

Case No. 02811 SRCR012345

O R D E R

Defendant's Arraignment will be rescheduled to August 27, 2013, at 9:00 a.m. in the

Sac County Courthouse, Sac City, Iowa. The Defendant and his attorney shall appear

before the Court unless a Written Arraignment has been filed.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTE

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E-FILED 2013 AUG 13 9:03 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER

So Ordered


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IN THE IOWA DISRICTCOURTFOR SACCOUNTYSTATEOF OWA, CRIMINALNO SRCROI2345

WRITT'EN RRAIGNMENT.PLEAOFNO'I GUILTY

DateTrial nformationlled:07/31/2013

Vs.RALPHJOIIN REriStDefendant

coMES NOW the )efendant n the above-captionedriminalcaseandunderoathstates:l. I amreprcsentedl, AttorneyCharles . Schulte.vhose ddrcss ndphonenumberare421MainSt. .PO Box 392.SacCity. A. 50583; 712)662-4715.

2. Ml currentmailingand esidence ddress ndphonenuntber re502W. l" St..P.O.205.Wall Lake, A 51166. My phonenumber s: (712)661-2975.My dateof birthis 04- 8-1994. I can readandunderstandheEnglish anguage ndhavecompletedhclbllowing evelofeducation: 2 Years.4. I havebeenadvised y my attorne.vndunderstandhat havea right o amaignmentin openClourt. nd voluntarilywaive hat ight,choosingnsteado sign his WrittenAnaignmentandPleaof Not Guilty. I understandha t imes or furlhetproceedingsu'hich are computed iom the date of anaignment vill be computed iom the dateoffiling this WrittenArraignmcnt ndPleaof Not Guilty.

5. I havc eceivecl copy ofthe frial Information vhichchargesme with thecrimeofCOUNT I: POSSESSIONOF A CONTROLLED SUBSTANCE (MARI'IUANA) inviolation of lo*'a CodeSection124.401(5).6. With regard o the namcby which I am chargedn the Trial Information eithercheck"a"or check ndcomplcteb") :',,.

tv f me nanre n the l'rial Informations my true name. I havebeenadvisedandunderstandhat I am non prccludedrom objccting o theTrial Information pon heground hat I am impropcrly nan.red.( )b. The nameshorvnon thc Trial h.rlbrmations not my trrie name My truename s. I requesthatan entr.v e made n theminutes howingm.v ruename. I have

becnadvised ndunderstandi-rfihcr roceedingsvill behadagainstme by thatname.the Trial Inforrnationwill beamended ccordingll'. ndu'hen he Trial Infbrmations soamended. will beprecludediom objecting pon he grounds am mproperlynamed'7. I lravebeenadvised ndunderstandhat may pleadguilty.no t guilt.v r fonner'conviction r acq ittal.



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8. For hepurpose fthis anaignment. havehad sufficicnt ime to discussml case vithmy attorne)'. nd rvaiveany unlier ime n which o entera plea.9. I pleadNOT GUILTY to the chargesn paragraph abovc.10. I havebeenadvised ndunderstandhat havea right underRule2.33(2)(b) fthelov,u Rules f CriminalProcedure o a trial within ninet.v ays/onevcar fter l.reiling ofthe Trial Inlbrmatior.rnd chcckeither a" or "b"):

I Lfr. I demandpeedvrialpursuanto Rule2 33(2)(b) nd c) .( ) b. I waivemy right o a speed-vrialpursuanto Rule2.33(2)(b)nd c)

11. I requesthata trial date esetpursuanto Rule8. of thekn'a Rules f ()rininalProcedure. v attornev nd will beavailableor rialon he ollowing ays: nyTime.

Attorney for Del'endantOriginal o be iledwith Clerkof CourtCopl-provided o:SacCountvAttorneyPO Box92SacCity, A 50583



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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.RALPH J FREESE ,

DEFENDANT.

Case No. 02811 SRCR012345

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 26, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Charles Schulte.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may

depose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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Date: 09/18/2013IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. srcr012345

vs.

Ralph John Freese

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIACOVERAGE OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to usephotographic equipment(__X__), television cameras (__X__) or electronic soundrecording equipment (__X__) in courtroom coverage in theabove proceeding.

2. This filing is for all pre-trial motions, plea-taking,

trial and sentencing.

3. The request(s) for expanded media coverage are describedas follows: Two video cameras, tripods, videographers; audio

accessibility; two photographers with up to two still camerasand two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage isfiled at least 14 days in advance of the proceedings forwhich expanded media coverage is being requested or grounds

for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed tothe last known address of all counsel of record, partiesappearing without counsel, the district court administratorfor this judicial district, and the judicial officer expected

to preside at the trial or proceedings for which expandedmedia coverage has been requested, as follows:

E-FILED 2013 SEP 18 5:07 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main StreetSac City, IA 50583

DEFENSE: Charles Schulte421 Main St.Sac City, IA 50583

PARTIES APPEARING WITHOUT COUNSEL:

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE: Joseph J. Heidenreich

CLERK OF COURT: Donna Gerry

WHEREFORE, the undersigned media coordinator gives notice ofrequest(s) for expanded media coverage as aforesaid.

Signature__/s/ Jesse Helling_______________________Date_9/18/13_______________________

Jesse Helling

Media Coordinator, Region 4Third Judicial District of IowaAddress: Fort Dodge Messenger713 Central Ave.

Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529

E-FILED 2013 SEP 18 5:07 PM SAC - CLERK OF DISTRICT COURT

media coordinators notice - state v ralph john freese - srcr012345

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