COURT TRANSCRIPTS
Judge Reeds - APA Hand - June 19, 2019 until October 16, 2019
Judge Alexander - APA Hand - October 17, 2019 until December 31, 2020
Judge Valentine - APA Keast - January 1, 2021 - July 22, 2021
February 23, 2021 Case Dismissed
May 15, 2019 3:32-2:55 pm [Judge Hala Jarbou , Circuit Court]
PROBATION VIOLATION PLEA AND SENTENCING FOR REMINGTON
THE COURT: Mr. Remington, anything you wish to say prior to sentencing?
MR. REMINGTON: That I understand what I 've done. And I understand how I can change and be different now and I can prove it to you and I'm confident in it and I just want to make my parents proud.
THE COURT: Tell me what you've done. Articulate that to me? And how you're going to improve.
MR. REMINGTON: I've done a lot - -
THE COURT: What did you do? What is it that - -
MR. REMINGTON: Uh - -
THE COURT: When you say, "I understand what I've done." What have you done?
MR. REMINGTON: Offensive behavior .
THE COURT: What is it ? What you - - what - - you tell me in detail what it is that you did?
MR. REMINGTON: I - - I took offensive videos of someone. I dumped water on them. And - -
THE COURT: Some one that was overdosing. Dying
MR. REMINGTON: Yes. They died.
THE COURT: And - - and what - - why is this gonna change things? Because you've been under my supervision for almost a year and a half. I haven't seen any of that kind of change.
MR. REMINGTON: I'm completely around different people. I - - I have - - I have basically see mostly just one friend. I t's a new friend. He's gonna be a doctor . He's not around any drugs or nothing. And I don't want
THE COURT: What did you do? What is it that - -
MR. REMINGTON: Uh - - any bad influences around me because that gets me to - -and it makes me feel like that kind of stuff is
normal behavior. But it's really not in other communities which is the new communities I'm trying to surround myself in.
THE COURT: Listen , uh - -[PG 13-15 Court transcripts]
EXHIBITS None offered
June 11, 2019 1:46-1:48 pm: Sworn Before Magistrate Andra V. Richardson
Detective Balog: The autopsy revealed that Mr. Preka had died of drug intoxication and later found toxicology reports that the drugs that caused the death were MDMA and MDA. Through the investigation it was determined that he was provided those drugs MDMA and the MDA methylone, methylene by Nicholas Remington and we are seeking delivery of controlled substance causing death charges.
Hon Richardson: Based on those facts I find probable cause. Complaint and warrant is authorized.
June 11, 2019: 1 minute read on blog
June 12, 2019 10:30-10:44: Arraignment Before the Honorable Andra V. Richardson, Magistrate. Bond was set at $1,000,000 cash, with no 10%
Judge Richardson: I do find you to be a danger to our society and to safety of the the bond is $1,000,000 cash surety no 10 percent.
June 12, 2019: 7 minutes read on blog
June 19, 2019 11:14-11:41 am: Probable Cause Judge Reeds Transcript
Judge Reeds: this is a very very serious case. At this point I am not convinced that there was any abuse of discretion by the magistrate. I’m going to continue the bond.
EXHIBITS MARKED ADMITTED
June 19, 2019: 20 minutes read on blog
August 26, 2019 1:21-1:43 pm: Preliminary Examination: Judge Reeds Transcript
Judge Reeds: You mentioned the videos and how heinous they were, and I then took that into account thinking one of the things I’m supposed to look at in the court rule is the likelihood of conviction. So, at this point I’m going to continue the bond.
EXHIBITS MARKED ADMITTED
August 26, 2019: 18 minutes read on blog
September 27, 2019 1:28-4:46 pm: Preliminary Examination: Judge Reeds
THE COURT: Okay. I want to take a look at all of these. I did skim through some of them and I did see what appears to be conversations about continuing drug sales after the fact. I remember very clearly all of Mr.Rockind’s arguments and your responses. I understand that the modern trend nationally is for bail reform and bond modification. I understand our Constitutional prohibitions, our court rule that talks about bond very well. But, at this point, until I see you next I’m going to continue his bond. It is of concern that he’s on probation for a drug felony. It is of concern that it is it appears at least, on some – on cursory review that he’s continuing the narcotics trade. The protection of the community is one of the factors I am to consider under the current case law. So, for right now, I am going to continue his bond.
WITNESSES: PEOPLE
ALAN HASHIM Direct examination 10 Cross-examination 14 Excused 19
STEVE BALOG Direct examination 20 Cross-examination 110 Excused 132
SEAN JENNINGS Direct examination 133 Cross-examination 154 Excused 157
EXHIBITS: IDENTIFIED RECEIVED
People’s exhibit 1 - Autopsy protocol 4-5
People’s exhibit 2 – Probation violation 6-9
People’s exhibit 3 - Certificate of authenticity 35-55
People’s exhibit 4 - Thumb Drive 36-97
People’s exhibit 5 - Excel printout 36-93
September 27, 2019: 2.5 hrs read on blog
October 16, 2019 2:29-4:01 pm: Preliminary & Bind Over: Judge Reeds Transcript
Judge Reeds: Okay, so I’ve listened to all - very carefully to both of your arguments with regard to bond. And I’ve already put my position on the record about understanding the – the forum on bond that’s sweeping this country. The problems that I have with this case with the reduction in bond are as follows. He’s on probation for a felony involving drugs. We have a dead young person as a result of actions related to this case. It’s very clear that Mr. Remington is a poor member of the community. He’s a drug dealer. That’s very clear from these Snaps. And the-and continuing behavior after this horrific event in dealing drugs, which could impact other people in the community, including potentially the death of other people. While I understand that a million dollars is an awful lot of money, I think that my-my concern for the community is so high that I’m not going to lower the bond at this point. I don’t know how I could possibly control him. If someone dying from something like this didn’t stop him from dealing drugs no piece of paper that I sign is going to do that.” [PG 31-32]
EXHIBITS: IDENTIFIED RECEIVED None
October 16, 2019: 25 minutes read on blog
June 18, 2020 1:01-3:08 pm: Status Conference Judge Alexander Transcript
MS. HAND: And -- and the one motion that I had filed. And my understanding is that Defense is requesting, uh, that the matters be heard in person rather than, uh, by Zoom video. And because the Defendant’s in custody, I just wanted to make sure there was a record that this delay is in fact attributable to the Defense since they are unwilling to go forward with the motions on-
EXHIBITS RECEIVED None offered
June 18, 2020: 7 minutes read on blog
June 18, 2020: Order in Person hearing: Judge Alexander
This matter having come on in open Court for a status conference, the Court having heard the positions of counsel, and the Court being advised in the premises;
IT IS THEREFORE ORDERED: That the motions filed in the case will be heard in person at the 6th Circuit Court for the County of Oakland on July 31, 2020, at 10:00 a.m. It is acknowledged by the Defendant and the Court orders that all delay in this case is attributable to the Defendant given the Defendant's request to have the motions heard in person rather than by video.
September 1 2020: Stipulation to Adjourn Motion Hearing:Judge Alexander
ORDER: At a session of said Court, held in the Courthouse, City of Pontiac, County of Oakland, State of Michigan, on this September 1 2020. Upon reading and filing the Stipulation entered into by and between the parties hereto, by and through their respective counsel, and the Court being fully advised in the premises;
IT IS HEREBY ORDERED AND ADJUDGED that the motions scheduled to be heard on September 15, 2020 will be heard on November 6, 2020 at 10:30 a.m.
IT IS FURTHER ORDERED that any delay is attributed to the Defendant and his request that the motions be heard in person rather than via Zoom conferencing.
November 2, 2020 3:01-3:11: Status Conference: Judge Alexander Transcript
You got two weeks, you guys are not gonna get a live hearing. ‘Cause I’m starting Simon versus Taubet (ph) on the 16th of November. And that’s pretty much gonna take me the rest of my career.
EXHIBITS RECEIVED None offered
November 2, 2020: 9 minutes read on blog
November 2 2020: ORDER: Hon Judge Alexander
At a session of Court held in Oakland County, Michigan on 11/02/2020
The parties having appeared for a pre-trial on November 2, 2020, via Zoom, the Court hereby orders the following: The parties are to file briefs on the issue of whether the defendant is entitled to alive hearing for a criminal motion. Briefs are to be filed with the Court on or before the close of business on November 9, 2020
December 4, 2020 11:07-11:34 am: Motion Hearing : Judge Alexander Transcript
Judge Alexander: All right, calm down everybody. Calm down. I mean I think Ms. Hand was doing - -was doing an - - was doing her job as a prosecutor, she was talking to a witness who was going to testify at trial. She decided not to call him for whatever reason. She thought that his testimony was going to be - -you know maybe she should have given you some information, Mr. Rockind, but at this point I'm not about to disqualify the prosecutor or the Prosecutor's Office. [Pg 22] deny the motion
December 4 2020: 19 minutes read on blog
October 17, 2019 Until February 27, 2022: Register of Actions
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12/16/2019 DATE SET FOR PRETRIAL ON 01-22-2020 01:00 PM
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01/22/2020 DATE SET FOR PRETRIAL ON 02-26-2020 08:30 AM
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02/20/2020 DATE SET FOR PRETRIAL ON 03-23-2020 01:30 PM
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02/24/2020 DATE SET FOR PRETRIAL ON 03-23-2020 01:30 PM
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11/02/2020 DATE SET FOR PRETRIAL ON 11-02-2020 03:00 PM
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01/26/2021 DATE SET FOR PRETRIAL ON 02-11-2021 01:00 PM
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02/11/2021 DATE SET FOR PRETRIAL ON 04-01-2021 01:00 PM
February 11, 2021 1:43-1:56 pm PRE-TRIAL: Judge Valentine Transcript
A pretrial conference was held before this Court. Defense counsel stated that he would be filing a motion regarding information learned through the discovery tendered.
EXHIBITS: (None offered.) Pg 2
February 11, 2021: 10 minutes read on blog
March 9, 2021 3:34-3:55 pm Bond Motion Judge Valentine Transcript
They made me aware last Tuesday night that there were two reports in particular that were not turned over to defense. It appears that those two reports were in the prosecutor's office possession in September or October of 2019. In my opinion, those two reports are exculpatory in nature and should have been turned over in a timely fashion. They were not.
EXHIBITS: (None offered.) Pg 2
March 9, 2021: 15 minutes read on blog
April 9, 2021: People's Brief on Response Defendant Motion to Quash Dismiss
APA Keast: The People must emphasize that this responsive pleading does not attempt to excuse or explain the nondisclosure of evidence favorable to the defense. The People acknowledge that the prior A.P.A. did not disclose the evidence referenced.
EXHIBIT ONE: Police report
April 9, 2021: 13 minutes read on blog
April 14, 2021 9:52-10:45 am: Motion to Dismiss: Judge Valentine Transcript
THE COURT: And Prosecutor McDonald, did you want to put an appearance on?
MS. MCDONALD: Karen McDonald on behalf of the People.
THE COURT: Prosecutor McDonald, anything you want to state for the record?
MS. MCDONALD: No, Your Honor. I have confidence in Mr. Keast that he articulated our position accurately.
EXHIBITS: (None offered.) Pg 2
April 14, 2021: 34 minutes read on blog
May 18, 2021 9:05-9:20 am: Status Conference: Judge Valentine Transcript
THE COURT: The only person who has the information of everything that's out there, I think would possibly be Ms. Hand, and the person with the obligation would be Ms. Hand. So that's why I requested the affidavit, Mr. Keast, with Ms. Hand. And I think I mentioned at the last hearing that I thought that would be a precarious position to put you in, and I apologized because you have no idea whether or not the information she's providing is accurate or not because you weren't involved. So if it's not in your file, I don't know how you would determine it, but that's why I wanted the affidavit from Ms. Hand. Also, your opinion is completed. I'm going to hold it for another day. I wanted to go through the preliminary exam transcript. I have, I think, both parts now. I only had one previously. I will tell you that the Snapchat information will be excluded. As far as anything from the (indiscernible) account, that's going to be excluded. I just can't find any -- I can't find anywhere where it would be reliable at this point. [Pg 10]
MR. ROCKIND: Thank you, Judge.
MR. KEAST: Judge, I'm sorry, just so I'm clear -- well, I suppose we could wait for the opinion too, but just the question I had for the Court; counsel had requested exclusion of the Snapchat account as a remedy for Brady violations. We had yet to argue the reliability of, and foundation of the Snapchat argument. Is that, I guess asking the Court to show the Court's hand at this point, is that the ruling, that it's based upon the Brady violation, or is it on the reliability of the records themselves? [Pg 11]
THE COURT: I understand, and it's cited as the fact that it is a remedy with regard to the Brady violation, I'm more -- I would say in my mind it was more the thought process of it just can't be reliable based upon the arguments that Ms. Hand was making to the court at the exact same time that she had information otherwise. It's just not reliable, in my opinion. [Pg 11]
EXHIBITS: (None offered.) Pg 2
May 18, 2021: 11 minutes read on blog
May 21, 2021: Opinion-Order : Defendant's Motion to Dismiss with Prejudice Judge Valentine
Snapchat account and its messages are at the center of the issues in this case. Ms. Hand's failure to produce the discovery and blatant misrepresentation to the Court at the preliminary exam, is nothing short of intolerable due process violations.
May 21, 2021: 7 minutes read on blog. Opinion-Order: Judge Valentine
June 9, 2021 9:53-10:17 am: Motion for Relief Beth Hand: Judge Valentine Transcript
MR. KEAST: But, you know, it's dangerous to play fast-and-loose with interpretation of the Court's order. Only the Judge can interpret the order
EXHIBITS: (None offered.) Pg 2
June 9, 2021: 16 minutes read on blog
July 22, 2021: Opinion-Order Judge Valentine Former Assistant Prosecutors Motion [June 9, 2021 ]
Of concern is that discovery information was not documented nor disclosed despite Ms. Hand's acknowledgment that the witness' testimony was favorable to Defendant.
July 22, 2021: 9 minutes read on blog. Opinion-Order: Judge Valentine
