srcr012538 - charge of theft 4th degree against early woman dismissed.pdf

8/9/2019 SRCR012538 - Charge of Theft 4th Degree against Early Woman dismissed.pdf

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E-FILED 2014 MAY 02 9:00 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

KATHRYN ELIZABETH KASCSAKDefendant

Case No. 02811 SRCR012538

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:THEFT 4TH DEGREEin violation of Section(s) 714.2(4) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on05/12/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as

contempt of court.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,

Plaintiff, v. KATHRYN ELIZABETH KASCSAK ,

Defendant.

02811 SRCR012538

ORDER

Defendant failed to appear in response to the clerk's summons. It is therefore ordered that a warrantshall issue for the defendant's arrest. The warrant shall include a provision that the defendant maypost bond in the scheduled amount.

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State of Iowa CourtsCase Number Case TitleSRCR012538 STATE VS KATHRYN E KASCSAKType: OTHER ORDER

So Ordered

Electronically signed on 2014-05-12 09:58:09

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9/39

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs. KATHRYN ELIZABETH KASCSAK , Defendant.

Case No: 02811 SRCR012538

INITIAL APPEARANCE

Charges:01 - 714.2(4) - THEFT 4TH DEGREE

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 Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail Years Prison And/Or $fine of not less than $315 nor than $1,875 plus 35% surcharge, court costs,restitution of $240 and $30 check fee

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.

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5. (a) You will be released from custody prior to trial on your own promise to appear at all

further 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:

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 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 06/16/2014 at 9:00 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 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 AND

FINGERPRINTED. 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 CourtsCase Number Case TitleSRCR012538 STATE VS KATHRYN E KASCSAKType: HEARING FOR INITIAL APPEARANCE

So Ordered


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I N T H E I O WA DISTRICT COURT FOR Sac

DISTRIC COUrt'i OF IOWASAC COUNTY

FILED

2 IUIIN 17 m\\:?iCOUNTY

S TAT E O F I O WA orPlaintiff/Petitioner,

vs.

Defendant/Respondent.

Criminal Civil

No,

F I N A N C I A L A F F I D AV I T / A P P L I C AT I O NFO 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: V ^ ^ C N O J j ^ 5 T S ^ \ _ Birth Date: \ Q R o ^ ~ T

Home Phone: Cell P h o n e : ^ 7 ^ 0 ^ ^ 0 E-mail: V >j A -C

Street Address:Street/P.O. Box Apt City State Zip

Pending charges: In Jail? Yes J^ No

Do you have ajob? ^NoJ ob Yes, Full Time Yes, Part Time List Hours/week: )

Who do you work foT?^^kAr[ v f

How much money do you currently make before taxes or deductions? per hour month year

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 with you?

If a spouse lives with you, how much money does your spouse make? per hour month year

List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more 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 for an attorney to represent me.

Datel^V ^ i M V f l \ ^ Signal

Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. KATHRYN ELIZABETH KASCSAK ,

DEFENDANT.

02811 SRCR012538

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 2014 JUN 17 7:47 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleSRCR012538 STATE VS KATHRYN E KASCSAKType: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, )

)PLAINTIFF ) Crim No.SRCR012538)

Vs. ) Appearance and Waiver of) Preliminary Hear

KATHRYN ELIZABETH KASCSAK ))

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 preliminaryhearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C421 Main St., PO Box 392Sac City, IA 50583Phone: (712) 662-4715Fax: (712) 662-4884

Original filedCopy to: County Attorney

E-FILED 2014 JUN 18 11:16 AM SAC - CLERK OF DISTRICT COURT


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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012538 Plaintiff, vs. TRIAL INFORMATION

KATHRYN ELIZABETH KASCSAK,DOB: 02/10/1987 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and inthe name and by the authority of the State of Iowa, accuses Defendant, Kathryn Elizabeth

Kascsak of the crime of THEFT IN THE FOURTH DEGREE , a Serious Misdemeanor in violation

of Iowa Code Sections 714.1(6), and 714.2(4) committed as follows:

The said Defendant, Kathryn Elizabeth Kascsak, on or about February 2, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully make, utter, draw, deliver, or give a

check payable through WEX Bank for Higher One, and obtain cash, services, goods or property

in the exchange thereof, from LVRC in Lake View, having a value in excess of $200 but not

exceeding $500, knowing that the instrument would not be paid when presented.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

mailto:[email protected]:[email protected]


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2

THE STATE OF IOWA vs. KATHRYN ELIZABETH KASCSAK Criminal No. SRCR012538

COUNT I: Theft in the Fourth Degree

NAMES OF WITNESSES:

JESSICA CARPENTER, OWNER-OPERATOR, LAKE VIEW REDEMPTION CENTER & LIQUOR

DESIGNATED BANK RECORDS PERSONNEL- WEX BANK ACCOUNTING DEPARTMENT FORHIGHER ONE ACCOUNTS

DESIGNATED BOOKKEEPER, FARMERS STATE BANK



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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleSRCR012538 STATE VS KATHRYN E KASCSAK

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 2014-06-26 12:58:52 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs KATHRYN ELIZABETH KASCSAK ,

Defendant.


ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED , the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 07/16/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED , the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



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Type: ORDER FOR ARRAIGNMENT


So Ordered




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IN THE IOWA DISRICT COURT FOII SAC COTJNTY

STATE OF OWA. CRIMINAL O SRCROl25]8

WRITTENARRAIGNMI]NT.

PLEAOF NOT GL]II-TY

Vs.

KATHRYN EI,IZABETHKASCSAK

DefendantDate

lrial lnlbrmation fied: 0612612014

COMES NOW the Def'endant n the abovc-captioned riminal case and under oath states:

l. I am represented y Attorncy Charles . Schulte. , 'hose ddress nd phone nurnber l'c,121Main St . . PO Box 392. Sac City. A. 50583; 712) 662-4715.

2. My current mailing and esidence ddress nd phone number are 1300 Auclubon St .Sac City. IA 50583. My phone number s: 712-660-8460. y date of bith is 02-10-1987. I can ead and understand he English anguage nd have completed hc bllowinglevel fcducat ion: 2 Years .

,1. I have been adviscd by my attorney and understand hat I hal'e a rigl.rt o arraignmentin open Cour1, nd voluntarily vaive hat ight. choosing nstcad o sign his WrittenArraignment nd Plea of Not Guilty. I understand hat imes br lunher proccedingswhich are computed rom the date of arraignment villbe computcd rom the date offiling this Written An'aigru ent and Plea of Not Guilt.v.

5. I have eceived copl of thc Trial Information vhich chargcs me u'ith the crime ofCOUNT I: THEFT IN THE.lr t rDEGREE in viola t ion of lowa Code Sect ion7r1.2(4).

6. With regard o the name by which I am charged n the Trial Inlbrmation cithcr check a or check nd complete b ) :

\ t ){lhe name on the Trial Information s my truc name. I have been advisedand unde-rstand hrt I am nou precluded rom objecting o thc Trial Information pon heground hat arn mproperly named.

( )b. The name shor'vn n the Trial Information s not my true namc My truename s. I request hat an entrv bc made n the minutes hor'ving y true name l har ebeen dvised nd understand urther procecdings vill bc had against mc b]' that name.the Trial Inlbrmation vill bc amended ccordingly. nd .vhen he'frial Inlormation s soarnended. will be precluded iom objecting pon he grounds am mpropcrly named.

7. I have been advised nd understand hat may plead guilty'. ot guilt.v r fonnerconviction r acquittal.

E-FILED 2014 JUL 15 9:54 AM SAC - CLERK OF DISTRICT COURT


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8. For the purpose f this anaignment. have had sufficient ime to discuss my case \'ithm.vattorncy. and I rvaive any further time in n'hich to enter a plea.

9. I plead NOT GUILTY to thc charges n paragraph above.

10. I have been advised nd understand hat have a right under Rutc 2.33(2)(b) fthelova Rules of Criminal Procedttre r,t trial rvithin ninet-v ays/one ear after he filing ofthe

l'rial Information nd (check either a or b ):

y'a. I demand peedl' r ialpursuant o tule 2.33(2)(b) nd c).

( ) b. uaive my right o a speedy rialpursuant o Rule .33(2Xb) nd c).

11. request hat a rial date e set pursuant o Rule 8.1 of the uu'a Rules f (.'rintinalProcedure. ) attorne)' nd will be available or rial on hc bllowing ays: n1

Time.

Original to b e filed with Cle rk of CourtCopl' provided to:Countl Attorney

orncy br



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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. KATHRYN ELIZABETH KASCSAK ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on July 15, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 09/03/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses. 1 of 3



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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleSRCR012538 STATE VS KATHRYN E KASCSAKType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

KATHRYN ELIZABETH KASCSAK,

Defendant.

Case No. SRCR012538

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On September 2, 2014, the parties conducted a Pretrial Conference as ordered,or in anticipation of the same. The State appeared by Sac County Attorney BenSmith. The Defendant appeared by her attorney, Charles Schulte. The parties,through the undersigned, represent the following to the Court:

A request to reschedule the Pretrial Conference is hereby made by the parties.The parties are asking the Court to reschedule the pretrial conference toOctober 1, 2014, so that Defendant will have an opportunity to reimburse thecomplainant in this case, with the understanding that such reimbursement is nota defense and would not require the State to dismiss the charge, only that theState may considered it when deciding the ultimate disposition in this matter.

__________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2014 SEP 02 4:13 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.


Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Order

requiring parties to conduct a pretrial conference. The following order is entered:

ORDER

Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on

10/01/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Jury trial is continued, this matter is rescheduled, Jury Trial is scheduled on 11/04/2014 at 9:00 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Clerk to provide notice to counsel of record.

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So Ordered


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STATE OF IOWA,

Plaintiff / Petitioner, vs. KATHRYN ELIZABETH KASCSAK ,

Defendant / Respondent.

02811 SRCR012538

ORDER OF CONTINUANCE

Upon application of the Plaintiff and with the agreement of the Defendant:

This matter is continued, Pretrial Conference is scheduled on 10/15/2014 at 9:30 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2014 OCT 01 10:02 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleSRCR012538 STATE VS KATHRYN E KASCSAKType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 OCT 01 10:02 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.


Pretrial Order



ORDER





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E-FILED 2014 OCT 15 1:57 PM SAC - CLERK OF DISTRICT COURT


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So Ordered


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]N TIIE IOWA DISTruCT COTJRT OR SAC COLINJTY

THE STATE OI-'IOWA. NO.SRCR012538

WAIVER OF RIGHT TOlaintiff.

KA THRYN ELIZABE IH KASCSAK SPEEDY RIAI ,

Def'endrnt.

Comes ow the def'cndant. athrvn ElizabetliKascsak' nd states s ollows:

l. She ealizes hat she has a right by, virtue of the Constitution fthe Unitcd States o a

speedy rialr

2. Shc ealizes he has a right o a speedy rial by virtue ollowa Rr.rlef Criminal

Procedure .33(2)(b), 'hich states:

If a defendant ndicted or a public oII'ense as not rvaivcd his or herright o a speedy rial. he or she must be brought o trial within ninetydays alter ndictment s found or tlie court must order he r.rdictmentto be dismissed nless ood cause o the contrary e sho*'n.

She s also a\\'are fthe lact that his rule s applicable o a Count-v ttorney'sInfonnation nd hat he ninety day period uns rom the iling date hereof.

3. She has been utl-vadviscd olher rights o a speedy rial and he ramiflcations hcreofby his attorney, ncluding he fact hat he memory of witnesses ade with the passage f

time; hat witnesses al disappear r become navailablel hat delay maf impair he

eff'cctiveness f his defense that he community may vierv her with suspicion uring l.rc

pendency f thc action hereb.v lGcting her occupational nd social endeavors: hat she

will have o endure rolonged nxiet.v nd concern nd hat shc s or can be subiccted o

incarceration ending rial. and aking nto account ll ofthese actors and considerations.

she deems t to be n her best nterest o rvaivc her speedy rial rights at this ime and o

consent hat he rial mal be postponcd ntil such dates s t may be scheduled br trial by

the court.-fhe defendant escrves he right o subsequently 'ithdrau'this vaiver pon

writtcn notice hercof o the court and he State f lou'a.

I / da t , t [

Attd-rnev br the dcfen



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IN TFIE OWA DISTRICT OURI'FOR ACCOIJNI'Y

]'HE STATE OI- OWA.

Plaintiff.

KATHRYN ELIZABETII KASCSAK

NO.SRCRO12538

WAIVLROF RIGHI'TO

SPEEDY RIAL

[)ef'endant.

Comes now the defendant, athryn Elizabeth ascsak. nd states s ollows:

L She ealizes hat she has a right bv virluc ofthe Constitution fthe t.initedStates o aspeedl rial;

2. She ealizcs he has a right to a speedy rial b1' 'irtue ol'Jorva Rulc of CriminalProcedure .33(2Xb). vhich statcs:

lf a defendant ndicted or a public ofl'ense as not waived his or herright o a specdy rial, he or she must bc brought o trial r.vithin inetyda-vs fter ndictment s found or the coufi must order he ndictmentto b e dismissed nless ood cause o the contrary be shorvn.

She s also alvare fthe fact hat his rule s applicable o a Clounty ttorney'sInformation nd hat he ninety day period uns rom the iling date hereoi

3. She has been ully advised fher rights o a speedy rial and he ramifications l.rereofb1- is attorncy, ncluding he act hat he memorY f r'vitnesses ade r' 'ith he passage ftimel hat witnesses ay disappear r becomc navailable: hat dela,vmaf impair heellcctiveness f his det'cnse; hat hc community ma.v icrv her with suspicion uring hependency l-the action hercb v lL'ecting cr occupational nd social endeavors: hat sh crvill have o endure rolonged nxiety and conccrn nd hat she s or can be subjected oincarceration ending rial. and aking nto account ll ofthcse actors nd considerations.she deems t to be n he r best nterest o waive hcr speedy rial rights at his ime and oconsent hat hc trial may be postporrcd ntil such dates s t may be scheduled or trial bythe court. The defendant eserves he right o subsequently ithdrarv his 'vaiver ponwritten noticc hereofto lte court arrd he State l'Ion'a.

Attd-rne) or the def

E-FILED 2014 NOV 10 9:51 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.


Pretrial Order



ORDER





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E-FILED 2014 DEC 02 12:17 PM SAC - CLERK OF DISTRICT COURT


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So Ordered


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E-FILED 2014 DEC 02 12:17 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

KATHRYN ELIZABETH KASCSAK,

Defendant.

Case No. SRCR012538

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 21, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by her attorney, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:

1. The State agrees to dismiss the charges and hereby moves for

dismissal. The grounds for dismissal are as follows: The defendant reimbursed

the alleged victim in this case. The parties agreed the case should be dismissed

with costs to the defendant. Considering the foregoing, the State believes the

interests of justice and judicial economy would best be served by dismissing the

case.

__________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2015 JAN 21 3:13 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

vs.

KATHRYN E. KASCSAK,

Defendant.

Case No. SRCR !"#$%

ORDER

NOW, on t&is "" nd da' of (an)a*', " !#, t&e +o)*t is in *e+ei t of t&e State-s

otion to Dis/iss t&is +ase. T&e otion states 0ood +a)se and s&o)ld 1e 0*anted.IT IS THEREFORE ORDERED t&at t&e State-s otion to Dis/iss is 0*anted.

T&is +ase is dis/issed and +osts a*e ta2ed to t&e Defendant.

Cle*3 to f)*nis& +o ies to4Sa+ Co)nt' Atto*ne'Defense Co)nsel

E-FILED 2015 JAN 22 10:32 AM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER


So Ordered


E-FILED 2015 JAN 22 10:32 AM SAC - CLERK OF DISTRICT COURT

srcr012538 - charge of theft 4th degree against early woman dismissed.pdf

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