16 May 1998
Source: http://www.id.uscourts.gov/ (Criminal Case 97-CR-97)

Note: The Court's imaging system is down for maintenance May 15 to May 18 so links will not work until afterwards. Also, the docket files contain multiple images requiring an appropriate graphics program for access. See the Court's instructions for viewing scanned images and suggested programs.

The final docket entries, Nos. 67 and 68, are available in HTML: http://jya.com/id-lth.htm

## Docket Sheet for 3:97-CR-97

                                                                TERMED
                           U.S. District Court
        U.S. District Court for the District of Idaho (Northern)

                CRIMINAL DOCKET FOR CASE #: 97-CR-97-ALL

    State of Idaho, et al v. Horiuchi                           Filed: 10/31/97
    Dkt# in other court: None

    Case Assigned to:  Honorable Edward J. Lodge

    LON T HORIUCHI (2)                Robert Huntley
         defendant                    [COR LD NTC ret]
                                      Patrick J Miller
                                      [COR LD NTC ret]
                                      GIVENS PURSLEY & HUNTLEY
                                      PO Box 2720
                                      Boise, ID 83701
                                      (208) 342-6571

                                      Earl J Silbert
                                      [COR LD NTC ret]
                                      Adam S Hoffinger
                                      [COR LD NTC ret]
                                      Patrick P de Gravelles
                                      [COR LD NTC ret]
                                      Patricia L Maher
                                      [COR LD NTC ret]
                                      SCHWALB DONNENFELD & SILBERT
                                      1025 Thomas Jefferson St NW
                                      #300 East
                                      Washington, DC 20007-5207
                                      (202) 965-7910

    Pending Counts:

       NONE

    Terminated Counts:                       Disposition

    IC 18-4006(2) -- INVOLUNTARY      Case dismissed without
    MANSLAUGHTER                      prejudice in Memorandum
    (1)                               Decision and  Order dated
                                      5.14.98
                                      (1)

    Offense Level (disposition): 4

    Complaints:

       NONE

    ========================

    Case Assigned to:  Honorable Edward J. Lodge

    USA (99999)
         defendant
     [term  10/31/97]

    Pending Counts:

       NONE

    Terminated Counts:

       NONE

    Complaints:

       NONE

    U. S. Attorneys:

      Denise M Woodbury
      [COR LD NTC]
      PO Box 1107
      Bonners Ferry, ID 83805
      (208) 267-7545

      Stephen Yagman
      [COR LD NTC]
      YAGMAN & YAGMAN
      723 Ocean Front Walk
      Venice, CA 90291-3270
      (310) 452-3200

## Proceedings include all events

Date Filed | Doc. No. | Image | Description
--- | --- | --- | ---
10/31/1997 | 1 | Yes - 1931 KB | NOTICE OF REMOVAL of State Criminal Complaint by Defendant Lon T Horiuchi
10/31/1997 | 2 | Yes - 540 KB | MEMORANDUM of Points and Authorities on Behalf of the United States in Support of Special Agent Horiuchi's Removal of this action to Federal Court
11/07/1997 | 3 | Yes - 91 KB | MOTION to transfer division by Lon T Horiuchi
11/07/1997 | 4 | Yes - 326 KB | MEMORANDUM by Lon T Horiuchi in support of motion to transfer division [3-1]
11/17/1997 | 5 | Yes - 148 KB | ANSWER by State of Idaho to Notice of Removal [1-1]
11/17/1997 | 6 | Yes - 811 KB | MEMORANDUM in support of Answer to Petition for Removal [5-1]
11/17/1997 | 7 | Yes - 221 KB | OBJECTIONS by State of Idaho to Notice of Removal and to Memorandum in Support of Petition for Removal [1-1]
11/18/1997 | 8 | Yes - 71 KB | APPLICATION of Stephen Yagman for Admission Pro Hac Vice to appear for State of Idaho
11/24/1997 | 9 | Yes - 776 KB | AFFIDAVIT of Denise Woodbury filed in support of application of Stephen Yagman for Admission Pro Hac Vice [8-1]
11/25/1997 | 10 | Yes - 180 KB | APPLICATION for attorney Patrick P. de Gravelles to appear pro hac vice for Lon T Horiuchi
11/25/1997 | 11 | Yes - 197 KB | APPLICATION for attorney Adam S. Hoffinger to appear pro hac vice for Lon T Horiuchi
11/25/1997 | 12 | Yes - 187 KB | APPLICATION for attorney Patricia L. Maher to appear pro hac vice for Lon T Horiuchi
11/25/1997 | 13 | Yes - 176 KB | APPLICATION for attorney Earl J. Silbert to appear pro hac vice for Lon T Horiuchi
11/25/1997 | 14 | Yes - 380 KB | REPLY by Lon T Horiuchi in support of notice of removal [1-1]
11/25/1997 | -- | No | RECEIPT #3324 $400.00 for pro hac vice fees (Docs 10-13)
11/26/1997 | 15 | Yes - 121 KB | ORDER granting motion for attorney Earl J. Silbert to appear pro hac vice [13-1], granting motion for attorney Patricia L. Maher to appear pro hac vice [12-1], granting motion for attorney Adam S. Hoffinger to appear pro hacvice [11-1], granting motion for attorney Patrick P. de Gravelles to appear pro hac vice [10-1] (cc: all parties)
12/05/1997 | 16 | Yes - 116 KB | ORDER by Honorable Edward J. Lodge admitting Stephen Yagman to Practice Pro Hac Vice as special prosecutor [8-1] (cc: all parties)
12/11/1997 | 17 | Yes - 238 KB | MEMORANDUM by State of Idaho on issue of burden of proof on removal [5-1]
12/12/1997 | 18 | Yes - 610 KB | SUBMISSION by Lon T Horiuchi regarding removal procedure [5-1]
12/18/1997 | 20 | Yes - 97 KB | NOTICE of hearing re Notice of Removal [1-1] ; hearing set for 9:30 1/12/98 for Lon T Horiuchi before EJL in Boise (cc: all parties)
12/19/1997 | 19 | Yes - 189 KB | REPLY by petitioner Horiuchi to the State's Memorandum on Issue of Burden of Proof on Removal [17-1]
12/30/1997 | 21 | Yes - 142 KB | NOTICE OF WAIVER by Lon T Horiuchi of right to appear at the 1/12/98 remand hearing
01/08/1998 | 22 | Yes - 179 KB | ORDER by Honorable Edward J. Lodge denying waiver of attendance [21-1] (cc: all parties)
01/12/1998 | 24 | Yes - 99 KB | ORDER by Honorable Edward J. Lodge that the criminal charges against the dft Horiuchi are removed to Federal Court (cc: all parties)
01/12/1998 | 23 | Yes - 128 KB | MINUTES: before Honorable Edward J. Lodge granting removal from State Court to Federal Court[1-1] ; arraignment set for 1:00 1/12/98 for Lon T Horiuchi
01/12/1998 | 25 | Yes - 404 KB | MINUTES: before Magistrate Mikel H. Williams dft Lon T Horiuchi arraigned; Not Guilty plea entered; , arraignment held on 1/12/98 ; jury trial set for 9:30 3/10/98 in Boise before Judge Lodge, PR Bond set for LonT Horiuchi
01/12/1998 | 26 | Yes - 730 KB | PROCEDURAL ORDER as to Lon T Horiuchi by Magistrate Mikel H. Williams (cc: all parties)
01/12/1998 | -- | No | Docket Modification (Utility)
01/12/1998 | -- | No | Docket Modification (Utility)
01/21/1998 | -- | No | TRANSCRIPT of In Camera Hearing held 1.12.98 held before Honorable Edward J. Lodge. (SEALED)
01/21/1998 | -- | No | TRANSCRIPT of Hearing on Notice of Removal held before Honorable Edward J. Lodge on 1.12.98
01/23/1998 | 27 | Yes - 115 KB | NOTICE by def Lon T Horiuchi that he intends to claim a defense of actual or believed exercise of public authority on behalf of law enforcement
02/02/1998 | 28 | Yes - 1751 KB | RESPONSE by def Lon T Horiuchi to pla's first request for discovery to def
02/06/1998 | -- | Yes - 129 KB | MOTION for leave to file a 22 page brief in support of motion for change of venue by Lon T Horiuchi
02/09/1998 | 29 | Yes - 73 KB | MOTION to change venue by Lon T Horiuchi
02/09/1998 | 31 | Yes - 137 KB | MOTION to dismiss based on immunity under the Supremacy Clause of the United States Constitution by Lon T Horiuchi
02/09/1998 | 32 | Yes - 12007 KB | MEMORANDUM of Points & Authoritieies in support of Def. Horiuchi's motion to dismiss based on immunity under the Supremacy Clause of the United States Constitution [31-1]
02/09/1998 | 34 | Yes - 413 KB | NOTICE by State of Idaho of compliance with discovery and with procedural order
02/09/1998 | 35 | Yes - 1364 KB | MEMORANDUM of Points and Authorities on behalf of United States in support of Special Agent Horiuchi's motion to dismiss [31-1]
02/09/1998 | 33 | Yes - 249 KB | MOTION to Disallow the Defense of Immunity by State of Idaho
02/09/1998 | 30 | Yes - 5984 KB | MEMORANDUM of Points and Authorities by defendant in support of motion of Def. Horiuchi to change venue [29-1]
02/09/1998 | -- | No | FILE DIVISION - File #2 begins with document # 36
02/10/1998 | 36 | Yes - 2195 KB | NOTICE by State of Idaho of compliance with numbered paragraph 5 of January 12, 1998 procedural order, regarding expert testimony
02/12/1998 | 37 | Yes - 1186 KB | MEMORANDUM by State of Idaho in opposition motion to dismiss based on immunity under the Supremacy Clause of the United States Constitution [31-1], motion to change venue [30-1]
02/12/1998 | 38 | Yes - 2935 KB | MEMORANDUM by State of Idaho in opposition motion to change venue [30-1]
02/12/1998 | 39 | Yes - 671 KB | MOTION to suspend trial date of 3/10/98 by Lon T Horiuchi
02/17/1998 | 40 | Yes - 680 KB | AMENDED PROCEDURAL ORDER as to Lon T Horiuchi by Magistrate Mikel H. Williams (cc: all parties)
02/26/1998 | 41 | Yes - 271 KB | MOTION of Amici Curiae Hon. William P. Barr, Hon. Griffin B Bell, Hon. Benjamin R Civiletti, Hon. Richard L. Thornburgh and Hon. William H. Webster for leave to file memorandum in support of Defendant Special Agent Lon T.Horiuchi's Motion to Dismiss
02/26/1998 | 42 | Yes - 798 KB | MEMORANDUM in support of motion of Amici Curiae Hon. William P. Barr, Hon. Griffin B Bell, Hon. Benjamin R Civiletti, Hon. Richard L. Thornburgh and Hon. William H. Webster for leave to file memorandum in support ofDefendant Special Agent Lon T. Horiuchi's Motion to Dismiss [41-1]
02/26/1998 | 43 | Yes - 306 KB | OPPOSITION by def Horiuchi to motion to Disallow the Defense of Immunity [33-1]
02/26/1998 | 44 | Yes - 1448 KB | REPLY by Def Horiuchi in Support of Motion for Change of Venue [29-1]
02/26/1998 | 45 | Yes - 1890 KB | REPLY by Def. Horiuchi in Support of Motion to Dismiss based on immunity under the Supremacy Clause of the United States Constitution [31-1]
02/26/1998 | 46 | Yes - 706 KB | REPLY MEMORANDUM of Points and Authorities on behalf of USA in support of Special Agent Horiuchi's Motion to Dismiss [41-1]
03/03/1998 | 47 | Yes - 168 KB | ORDER by Honorable Edward J. Lodge [29-1][41-1][39-1] jury trial vacated and will be reset after court has ruled on pending motions, Order for excludable delay, Hearing on Pending Motions set for 9:30 AM, on 3/13/98 in Boise beforeJudge Lodge; Def. is not required to be present (cc: all parties)
03/03/1998 | -- | No | Docket Modification (Utility) re [47-4]
03/04/1998 | 50 | Yes - 368 KB | OPPOSITION by State of Idaho to motion of former government officials for permission to file brief amicus curiae/motion to dismiss [48-1]
03/05/1998 | 48 | Yes - 208 KB | MOTION for leave to file brief amicus curiae by the International Association of Chiefs of Police, Inc.
03/05/1998 | 49 | Yes - 612 KB | BRIEF Amicus Curias of the International Association of Chiefs of Police, Inc., in Support of Def's Motion to Dismiss [48-1]
03/10/1998 | 51 | Yes - 71 KB | ORDER by Honorable Edward J. Lodge granting motion for leave to file a 22 page brief [0-1] (cc: all parties)
03/10/1998 | 52 | Yes - 216 KB | ORDER by Honorable Edward J. Lodge establishing time limit for oral argument for the United States [47-4] (cc: all parties)
03/13/1998 | 53 | Yes - 34 KB | MINUTES before Honorable Edward J. Lodge re Pending Motions [48-1][41-1][39-1][31-1][29-1][33-1][3-1]; Motions to dismiss taken under advisement.
03/16/1998 | 54 | Yes - 907 KB | RULE 28(J) analog submission in further opposition to def's motion to dismiss by pla State of Idaho [41-1]
03/16/1998 | 55 | Yes - 1267 KB | CORRECTED Rule 28(J) analog submission in further opposition to def's motion to dismiss by pla State of Idaho re [41-1]
03/16/1998 | 56 | Yes - 113 KB | ORDER by Honorable Edward J. Lodge directing Clerk of Court for First Judicial District of the State of Idaho, in Boundary County to provide original or copy of entire file and any transcripts (cc: all parties)
03/19/1998 | 57 | Yes - 549 KB | MOTION to strike the State of Idaho's Post-Hearing Supplemental Brief by Def Horiuchi
03/20/1998 | 58 | Yes - 525 KB | MOTION to strike the State of Idaho's post-hearing supplemental brief on behalf of the USA
03/20/1998 | 59 | Yes - 155 KB | MOTION to dismiss for prosecutorial misconduct by Def Horiuchi
03/20/1998 | 60 | Yes - 1321 KB | MEMORANDUM of Points and Authorities in support of motion to dismiss for prosecutorial misconduct [59-1]
03/23/1998 | -- | No | REMARK--Rec'd State Court File from Boundary County
03/31/1998 | 61 | Yes - 181 KB | RESPONSE by State of Idaho to Def's and United States' motions to strike the State's Supplemental Brief [57-1][58-1]
03/31/1998 | 62 | Yes - 1017 KB | OPPOSITION by State of Idaho to Def's motion to dismiss based on alleged prosecutorial misconduct [59-1]
03/31/1998 | 63 | Yes - 1020 KB | CORRECTED Opposition to Def's Motion to Dismiss based on Alleged Prosecutorial Misconduct [62-1]
04/14/1998 | 64 | Yes - 681 KB | REPLY by defendant to State of Idaho's Opposition to Def Horiuchi's Motion to Dismiss for Prosecutorial Misconduct [62-1]
05/03/1998 | 65 | Yes - 206 KB | NOTICE by State of Idaho of Rule 28(J) analog on dfts motion to dismiss
05/08/1998 | 66 | Yes - 160 KB | ORDER by Honorable Edward J. Lodge denying without prejudice the motion to dismiss for prosecutorial misconduct [59-1] (cc: all parties)
05/14/1998 | 67 | Yes - 1492 KB | MEMORANDUM DECISION AND ORDER by Honorable Edward J. Lodge denying motion of Amici Curiae Hon. William P. Barr, Hon. Griffin B Bell, Hon. Benjamin R Civiletti, Hon. Richard L. Thornburgh and Hon. William H. Webster for leave to filememorandum in support of Defendant [41-1]; motion for leave to file brief amicus curiae is granted [48-1]; motion to strike the State Idaho's Post-Hearing Supplemental Brief [57-1] is granted; Motion for Change of Venue is Denied; motion to Disallow the Defense of Immunity [33-1] is granted, pending charges are dismissed without prejudice;
05/14/1998 | 68 | Yes - 104 KB | JUDGMENT as to Lon T Horiuchi by Honorable Edward J. Lodge dismissing pending charges (cc: all parties) (JUDGMENT SCANNED)