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 until May 21, 2021 February 23, 2021 Case Dismissed
June 11, 2019 (Time 1:46-1:48 PM =2 min hearing) Swear to Judge Richardson Transcript [4 Pg total]
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.
Judge Richardson: Based on those facts I find probable cause. Complaint and warrant is authorized.
June 11, 2019 Transcript-2 min read on blog
August 26, 2019 (Time 1:21-1:43 PM = 22 min hearing) Preliminary Examination: Judge Reeds Transcript [24 pg total]
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.
August 26, 2019 Transcript: 18 min read on blog
September 27, 2019 (Time 1:28-4:46 PM=3hrs 18 min) Preliminary Examination: Judge Reeds Transcript [180 pg total]
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.
September 27, 2019 Transcript: 138 min read on blog
October 16, 2019 (Time 2:29-4:01 PM=1hr 32 min) Preliminary Examination & Bind Over: Judge Reeds Transcript [33 pg total]
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]
October 16, 2019: Transcript: 25 min read on blog
October 17 2019 Until February 27 2022: Judge Alexander 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 19 2020 (APA Beth Hand)
People's Motion Brief in suppory to admit simular acts evidence at Trial to MRE 404(b)
March 16 2020 (APA Beth Hand)
People's brief Defendant's Motion to Disqualify the Oakland County Prosecutor's office
June 18 2020 (Time 1:01-3:08 PM=2 hr 7 minutes) Status Conference: Judge Alexander Transcript [12 pg total]
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-
June 18 2020 Transcript: [7 min 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 (Time 3:01-3:11 PM=10 min) Status Conference: Judge Alexander Transcript [13 pg total]
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.
November 7, 2020 Transcript: [9 min 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 (Time 11:07-11:34 AM=27 min) Motion Hearing : Judge Alexander Transcript [25 pg total]
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 Transcript: [20 min read on blog]
February 11 2021 (Time 1:43-1:56 PM=13 min hearing) PRE-TRIAL: APA Keast-Judge Valentine Transcript [14 pg total]
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.
February 11, 2021 Transcript: [10 min read on blog]
March 9 2021 (Time 3:34-3:55 PM=21 min hearing) Bond Motion: APA Marc Keast-Judge Valentine Transcript [21 pg total]
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.
March 9, 2021 Transcript: [15 min read on blog]
April 9, 2021: (APA Marc Keast): People's brief on response defendant supplement motion to quash and dismiss with prejudice [9 pg total]
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.
April 9, 2021 Transcript: [13 min read on blog]
April 14, 2021 (Time 9:52-10:45 AM=53 min hearing) Motion to Dismiss: Judge Valentine Transcript [43 pg total]
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.
April 14, 2021 Transcript [34 min read on blog]
May 18, 2021 (Time 9:05-9:20 AM=15 min hearing) Status Conference: Judge Valentine Transcript [15 pg total]
Judge Valentine: 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]
May 18, 2021 Transcript: [11 min read on blog]
May 21, 2021 (May 18 2021) Opinion-Order: Defendant's Motion to Dismiss with Prejudice Judge Valentine [9 pg total]
The 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 Opinion-Order: Judge Valentine: [7 min read on blog]
June 9 2021 (Time 9:53-10:17 AM=24 min) Motion for Relief From Order Beth Hand: Judge Valentine Transcript [22 pg total]
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
June 9, 2021 Transcript: [16 min read on blog]
July 22, 2021: Opinion-Order: Judge Valentine (June 9, 2021 Hearing Former Assistant Prosecutors Motion) [7 pg total]
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 Opinion-Order: Judge Valentine [9 min read on blog]
November 17, 2021 (TIME 2:40-2:44 PM=4 min hearing) Probable Cause-Judge Law Transcript [5 pg total]
MR. KEAST: Really, the month of January I'm scheduled to be in trial in front of Judge Anderson. Any time in February I'm open.
November 17, 2021. Probable Cause-Judge Law Transcript: [2 min read on blog]
