media coordinators notice - state v kelly ann lake - srcr012324

7/29/2019 Media Coordinators Notice - State v Kelly Ann Lake - Srcr012324

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E-FILED 2013 JUN 27 3:36 PM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

JACOB DONALD LAWLER ,Defendant.

Case No: 02811 FECR012342

INITIAL APPEARANCE

Charges:01 - 708.8-2 - GOING ARMED WITH INTENT - 1978 (FELD)02 - 716.5 - CRIMINAL MISCHIEF 3RD DEGREE - 1978 (AGMS)03 - 708.2(3)-2 - ASSAULT USE/display OF A WEAPON-1989 (AGMS)

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 D

Aggravated Misdemeanor

Serious Misdemeanor

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

One Year County Jail

9 Years Prison

And/Or $Fines totaling not less than $2,000 nor greater than $20,000 plus 35%surchargeand court costs

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E-FILED 2013 JUN 28 11:34 AM SAC - CLERK OF DISTRICT COURT


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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:Based on the seriousness of the charges and the defendant's conduct since his arrest the court doesnot believe that the public's safety can be protected by the release of the defendant and thereforeorders that he be held without bond. He is entitled to a bond review upon his request.

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

Information 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 07/05/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS

OFFENSE, 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 TitleFECR012342 STATE VS JACOB DONALD LAWLER

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-06-28 11:34:25

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EN T H E I O W A D I S T R I C T C O U R T F O R Sac 2813JUL-I AM 8*80C O U N T YS T A T E O F I O W A orPlaintifETetitioner,vs.

Defendant/Respondent.

Criminal CivilN o.

F I N A N C I A L A F F I D A V I T / A P P L I C A T I O NF O R A P P O I N T M E N T O F C O U N S E L

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:Name: J f l f \ W >P V Birth D a t e ^ l / 1 U N j ^Home Phone:Street Address:

': *7 \ ^ I^^PhoneH T^- D U Q E-mail:

Pending charges: " V & l A KStreet/P.O. Bo x

VApt # City

Doyou have a job? N o Job Yes, Full Time Yes, Part Time (List Hours/week:Whodo you work for?

State ZipIn Jail?X3^Y es N o

)

How much money do you currently make before taxes or deductions?How much money have you made in the last 12 months from any source, before taxes or deductions?How many family members are supported by or live withyou? I

per hour month year

oIf a spouse lives withyou, how muchmoney does your spouse make?List%ll otherVnoney you, or anyone else living in your household, has coming in

per hour month year.: ) Wi( \J\fY)List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worthmore than $100:

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

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 foran attorney to represent me.

Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.JACOB DONALD LAWLER ,

DEFENDANT.

02811 FECR012342

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.

712 662 4715

COPY PROVIDED TO DEFENDANT

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E-FILED 2013 JUL 02 10:04 AM 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. FECR012342

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

JACOB DONALD LAWLER )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte & Graven Law Firm, P.C., 421 MainSt. PO Box 392, 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

E-FILED 2013 JUL 02 4:17 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA

Plaintiff

VSJACOB DONALD LAWLER

Defendant

02811 FECR012342

ORDER

The Defendant is brought before the Court on the charges filed herein. The Defendant is released onhis promise to appear. However he is only to be released when he is taken into custody by CrawfordCounty authorities.The County Attorney has spoke with Defendants attorney Charles Schulte and heis aware of the situation.

Copy Provided to DefendantCopy Provided to Plaintiff

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Type: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

JACOB DONALD LAWLER,

DOB: 01-16-1995

Defendant.

Case No. FECR012342

TRIAL INFORMATION

COUNT 1

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,Jacob Donald Lawler (defendant) of the crime of GOING ARMED WITH INTENT

708.8, a Class D Felony in violation of Iowa Code section 708.2, committed as

follows: On or about June 27, 2013, in Sac County, Iowa, the defendant was armed

with an axe. The axe was and is a dangerous weapon as defined by Iowa Code

section 702.7. The defendant was armed with the specific intent to use the axe

against Kaylee Lawler.

COUNT 2


Iowa, and in the name and by the authority of the State of Iowa, accuses defendant,Jacob Donald Lawler (defendant) of the crime of AGGRAVATED ASSAULT, a

violation of Iowa Code section 708.2(3), committed as follows: On or about June 27,

2013, in Sac County, Iowa, the defendant committed an assault as defined by Iowa

Code section 708.1. At the time, the defendant used and / or displayed a weapon

(here, an axe). The weapon was a dangerous weapon as defined by Iowa Code

section 702.7.

COUNT 3


Iowa, and in the name and by the authority of the State of Iowa, accuses defendant,

Jacob Donald Lawler (defendant) of the crime of CRIMINAL MISCHIEF IN THE

THIRD DEGREE, a violation of Iowa Code section 716.5, committed as follows: On

or about June 27, 2013, in Sac County, Iowa, the defendant damaged and / or

destroyed a car windshield belonging to Kaylee Lawler. The defendant acted with

the specific intent to damage and / or destroy said windshield. When the defendant

damaged and / or destroyed the windshield, defendant did not have the right to do

so.


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COUNT 4


Iowa, and in the name and by the authority of the State of Iowa, accuses defendant,

Jacob Donald Lawler (defendant) of the crime of ASSAULT ON A PEACE

OFFICER, a violation of Iowa Code sections 708.1, 708.2, 708.3A(4), committed as

follows: On or about June 27, 2013, the defendant did an act which was intended to

result in physical contact which was insulting or offensive. The defendant had the

apparent ability to do the act. The assault was committed against a peace officer.

The defendant knew the person against whom he committed the assault was a

peace officer.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834

Sac 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

FECR012342 STATE VS JACOB DONALD LAWLER

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 11:44:28 page 3 of 3



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STATE OF IOWA,

Plaintiff,

v.

JACOB DONALD LAWLER,

Defendant.

Case No. FECR012342

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

TED HELMICH, Chief of Police, Lake View Police Department

KEN MCCLURE, Sheriff, Sac County Sheriffs Department

KAYLEE LAWLER

LAURA LAWLER



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STATE OF IOWA,Plaintiff,

VS.

JACOB DONALD LAWLER,Defendant.

CRIMINAL NO. FECR012342

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:



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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

FECR012342 STATE VS JACOB DONALD LAWLER

So Ordered

Electronically signed on 2013-07-31 11:44:28 page 2 of 2


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E-FILED 2013 AUG 12 11:50 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 AUG 12 11:50 AM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.JACOB DONALD LAWLER ,

DEFENDANT.

Case No. 02811 FECR012342

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 12, 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 Mr. 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.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

CHARLES ADAM SCHULTEDISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 2:06 PM SAC - CLERK OF DISTRICT COURT


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Type: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 AUG 12 2:06 PM SAC - CLERK OF DISTRICT COURT


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

State of IowaPlaintiff

No. fecr012342

vs.

Jacob Donald Lawler

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 4:59 PM SAC - CLERK OF DISTRICT COURT


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ATTORNEYS:

PROSECUTOR: Sac County Attorney701 Main StreetSac City, IA 50583

DEFENSE: Charles Schulte421 Central AvenueSac 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 4:59 PM SAC - CLERK OF DISTRICT COURT

media coordinators notice - state v kelly ann lake - srcr012324

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