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State of New Mexico v. William Kalinowski

Date: 12-02-2016

Case Number: D-101-CR-201300538

Judge: T. Glenn Ellington

Court: District Court, Santa Fe County, New Mexico

Plaintiff's Attorney: Matt Mascarenas, Dianna Lewis Luce and Linda E. Kerr

Defendant's Attorney:

Description:
Santa Fe, NM - Jury Convicts Real Estate Developer of Fraud and Embezzlement



The State of New Mexico charged Santa Fe real estate developer with fraud and embezzlement including eight second-degree felonies and one misdemeanor relating to the operation of his luxury home development and construction business Barranca Building and other businesses and development, including Las Campanas.



People who lost money complainted to the Construction Industries Division on the New Mexico Regulation and Licensing Department which instituted an investigation.



Docket Entries:



12/01/2016 ORD: Order Remanding Defendant to Custody

Remand Order, Filed in open court December 1, 2016

11/29/2016 RESPONSE

Defendant's Response in Support of His Proposed Jury Instruction on Respondeat Superior

11/29/2016 RESPONSE D 1

Defendant's Response In Opposition To the State's Requested Jury Instruction on Fiduciary Duty

11/28/2016 RESPONSE D 1

Defendant's Response in Opposition to the State's Requested Jury Instruction on Fiduciary Duty

11/28/2016 MEMORANDUM IN SUPPORT

State's Memorandum in Support of Its Requested Fiduciary Jury Instruction

11/28/2016 OBJECTION/OPPOSITION

State's Objection to Defendant's Requested Respondent Superior Jury Instruction

11/21/2016 RECEIPT OF CD

CD Receipt

11/18/2016 REQUEST FOR COPY OF TAPES/CD

CD Request (11/14/16) 8:45:29-5:04:08 (11/15/16) 8:29:47-7:00:45 (11/16/16) 8:45:05-6:52:10 (11/17/16) 8:22:56-6:19:47 (11/18/16) 8:28:00-4:21:20 3 cds 175 pages printed logs 11/21/16 JLG

11/16/2016 CERTIFICATE OF DISCLOSURE OF INFORMATION

Certificate Of Disclosure Of Information Filed In Open Court On 11-16-16 @4:11pm

11/16/2016 NTC: OF INTENT D 1

Supplemental Notice of Intent to Call Expert Witnesses

11/16/2016 JURY INSTRUCTIONS

Defendant's Requested Jury Instructions

11/14/2016 RECEIPT OF CD

CD Receipt

11/14/2016 REQUEST FOR COPY OF TAPES/CD

CD Request (11/8/16) 8:36:19-5:04:55 (11/9/16) 8:47:28-3:33:07 4:59:58-5:01:27 1 CD 11/14/16 JLG

11/14/2016 RECEIPT OF CD

CD Receipt

11/14/2016 REQUEST FOR COPY OF TAPES/CD

CD Request date of hearing: November 10, 2016 Judge Ellington Re: Motion to Suppress Audio and Printed Log requested by Stephanie Varoz xc: SS 8:34:53-11:51:49 1:10:39-4:45:27 6 CDS 27 pages printed logs 11/14/16 JLG

11/14/2016 RECEIPT OF CD

CD Receipt 1 CD recorded on November 7, 2016 and Duplicated on November 9, 2016 picked up Stephanie Varoz

11/08/2016 REQUEST FOR COPY OF TAPES/CD

CD Request (xc: ss) November 7, 2016 Opening Statements of Trial 8:28:16-5:01:47 Spoke to Stephanie at window she requested MP3 with printed log notes 1 CD and 3- pages printed log notes 11/9/16 JLG

11/04/2016 ADDENDUM

Amended Electronic Monitoring Addendum See Addendum for details

11/03/2016 REPLY

State's Reply to Defendant's Response to State's Motion In Limine to Exclude Irrelevant Evidence and Prohibit Inappropriate Argument Relating to the Economic Downturn

11/03/2016 SUBPOENA RETURNED

Trial Subpoena Walter Drew Served on November 02, 2016

11/03/2016 SUBPOENA RETURNED

Trial Subpoena Return James McCormick Served on November 02, 2016

11/03/2016 RESPONSE D 1

Defendant's Response to State's Motion to Exclude Defendant's Proposed Witnesses, Janet Mchard, Anne Layne And Ed Paschich, Pursuant to Rule 11-708 And Daubert.

11/02/2016 RESPONSE

State's Response to Defendant's Motion to Suppress Statement of Mr. Kalinowski Provided to The Prosecution in the Course and Scope of Plea Discussions

11/02/2016 SUBPOENA RETURNED

Trial Subpoena served to Milo "Mike" Mcgonagle on 11/1/16

11/02/2016 SUBPOENA RETURNED

Trial Subpoena served to William Synnamon on 11/1/16

11/02/2016 SUBPOENA RETURNED

Trial Subpoena served to Chris Ribas on 11/1/16

11/02/2016 SUBPOENA RETURNED

Trial Subpoena served to Jackie Nutima on 11/1/16

11/02/2016 SUBPOENA RETURNED

Trial Subpoena served to Barry Klein on 11/1/16

11/02/2016 SUBPOENA RETURNED

Trial Subpoena served to Javier Chavez on 11/1/16

11/02/2016 RESPONSE

Defendant's Response To State's Motion to Exclude Evidence of Or Argument on Economic Downturn

11/02/2016 REQUEST FOR INTERPRETER

Request for Court Interpreter, Witness for State, Arturo Sanchez, Sr. (spanish) xc: judge per request

11/01/2016 RESPONSE

Defendant's Response To State's Motion Requesting the Court Take Judicial Notice of the Holding Set Forth in Hawks Holdings, LLC V. Kalinowski (In Re Kalinowski) And Enter A Ruling That A Contractor Acts In A Fiduciary Capacity With Respect to Funds Contractor Acts In A Fiduciary Capacity With Respect to Funds Advance Pursuant to A Construction Contract Or Draw Request

10/31/2016 RECEIPT OF CD

CD Receipt

10/28/2016 RECEIPT OF CD

CD Receipt

10/26/2016 REQUEST FOR COPY OF TAPES/CD

CD Request 1:38:10-4:02:14 1 CD 10 pages printed Log Notes JLG 10/27/16

10/26/2016 RANDOM JURY SELECTION

Jury Group Data Form

10/25/2016 REQUEST FOR COPY OF TAPES/CD

CD Request (October 21, 2016 Motions Hearing) 1:38:10-4:02:14 1 CD 10 pages of Log Notes JLG 10/26/16

10/24/2016 WITNESS LIST

State's Supplemental Witness List

10/21/2016 MTN: MOTION P 1

State's Motion Requesting the Court Take Judicial Notice of the Holding Set Forth in Hawks Holdings, LLC v. Kalinowski (In Re Kalinowski) and Enter a Ruling That a Contractor Acts in a Fiduciary Capacity with Respect to Funds Advances Pursuant to a Construction Contract or Draw Request

10/20/2016 RESPONSE P 1

State's Response to Defendant's Motion in Limine to Prohibit Prosecution from Eliciting Testimony or Making Argument Based on Supposedly "Improper" Financial Practices Which are Categorically Not Improper and/or Which Simply Did Not Occur xc: Judge

10/20/2016 RESPONSE P 1

State's Response to Defendant's "Motion to Exclude Testimony of Stefan Lark and Michael D'Alfonso" xc: Judge

10/20/2016 RESPONSE P 1

State's Response to Defendant's Motion in Limine to Prohibit Prosecution from Eliciting Testimony or Making Argument About Rulings, Findings, or Other Determinations Made by Coiurts or Government Agencies Related to Proceedings Against or Involving Mr. Kalinowski xc: Judge

10/20/2016 RESPONSE P 1

State's Response to Defendant's Motion in Limine to Prohibit Prosecution from Presenting or Eliciting Evidence of "False Financial Statements" xc: Judge

10/20/2016 RESPONSE P 1

State's Response to Defendant's Motion in Limine to Prohibit Prosecution from Eliciting Testimony or Making Argument that Mr. Kalinowski was a "Fiduciary" or in a "Fiduciary Relationship" with any Other Person. xc: Judge

10/20/2016 RESPONSE

State's Response to Defendant's "Motion to Compel PreTrial Interviews or Exclude Witnesses" xc; Judge

10/20/2016 RESPONSE P 1

State's Response to Defendant's "Motion in Limine to Exclude Two Types of Uncharged Misconduct Evidence Urged by the Prosecution Under Rule 404(B)" xc: Judge

10/18/2016 MTN: TO SUPPRESS D 1

Motion to Suppress Statement of Mr. Kalinowski Provided to the Prosecution in the Course and Scope of Plea Discussions

10/17/2016 MTN: MOTION

State's Motion to Exclude Defendant's Proposed Witnesses, Janet McHard, Anne Layne and Ed Paschich, Pursuant to Rule 11-702 and Daubert and Request For Hearing

10/17/2016 MTN: TO SUPPRESS D 1

Motion to Suppress Statement of Mr. Kalinowski Provided to the Prosecution in the Course and Scope of Plea Discussions

10/17/2016 MTN: IN LIMINE P 1

State's Motion In Limine to Exclude Irrelevant Evidence and Prohibit Inappropriate Argument Relating to the Economic Downturn xc: Judge Ellington

10/14/2016 WITNESS LIST

State's Supplemental Witness List

10/14/2016 WAIVER OF APPEARANCE

Wavier of Presence for Status Hearing

10/11/2016 MTN: IN LIMINE

Motion in Liminie to Prohibit Prosecution from Eliciting Testimony or Making Argument Based on Supposedly Improper Financial Practices Which are Categorically Not Improper and/or Which Simply Did Not Occur

10/11/2016 MTN: IN LIMINE

Motion in Limine to Exclude testimony of Stefan Lark and Michael D'Alfonso

10/07/2016 MTN: IN LIMINE D 1

Motion in Limine to Prohibit the Prosecution from Presenting or Eliciting Evidence of "False Financial Statements"

10/07/2016 MTN: IN LIMINE D 1

Motion In Limine to Prohibit Prosecution from Eliciting Testimony or Making Argument about Rulings, Findings, or Other Determinations made by Courts or Government Agencies Related to Proceedings Against or Involving Mr. Kalinowski

10/07/2016 MTN: IN LIMINE D 1

Motion in Limine to Prohibit Prosecution fromn Eliciting Testimony or Making Argument that Mr. Kalinowski was a "Fiduciary" or in a "Fiduciary Relationship" with any Other Person

10/07/2016 MTN: IN LIMINE D 1

Motion in Limine to Exclude Two Types of Uncharged Misconduct Evidence Urged

09/27/2016 CERTIFICATE

Certificate of District Judge Pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings re: Robert Sostrin November 7, 2016 to November 9, 2016

09/27/2016 CERTIFICATE

Certficate of District Judge Pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings re: Karen Kallinowski November 9, 2016 to November 10, 2016

09/27/2016 CERTIFICATE

Certificate of District Judge Pursuant to the Uniform Act to Secure the Attendance of Witnesses From Without A State in Criminal Proceedings

09/23/2016 MTN: MOTION

Verified Motion for Certificate to Compel the Attendance of Witness From Another State

09/23/2016 MTN: MOTION

Verified Motion for Certificate to Compel the Attendance of Witness From Another State

09/23/2016 MTN: MOTION

Verified Motion for Certificate to Compel the Attendance of Witness From Another State

09/16/2016 WAIVER

Waiver of Presence for Docket Call

08/22/2016 ENTRY OF APPEARANCE D 1

Entry of Appearance

08/19/2016 WAIVER OF APPEARANCE

Waiver of Presence for Pretrial Conference

08/05/2016 NTC: OF INTENT

State's Third Notice of Intent to Introduction of Uncharged Misconduct or Other Bad Acts Evidence Pursuant to Rule 11-404(B)

08/04/2016 RECEIPT OF CD

07/25/2016 WITNESS LIST D 1

Defense Witness List

07/25/2016 REQUEST FOR COPY OF TAPES/CD

CD Request, 9:36:34-9:53:32 1CD 7/26/16 JN XC: SS

07/20/2016 RECEIPT OF CD

CD Receipt

07/15/2016 REQUEST FOR COPY OF TAPES/CD

CD Request (XC: SS) (2:38:40 - 3:12:40, one CD, MRN, 07/20/16)

07/13/2016 RECEIPT OF CD

CD Receipt

07/11/2016 REQUEST FOR COPY OF TAPES/CD

CD Request, 3:05:26-3:13:39 1cd 7/12/16 jn

06/24/2016 RECEIPT OF CD

Cd Receipt

06/24/2016 REQUEST FOR COPY OF TAPES/CD

Cd Request, 9:29:11-9:40:54 1cd 7/11/16 jn

06/23/2016 REQUEST FOR COPY OF TAPES/CD

CD Request xc: SS

06/23/2016 REQUEST FOR COPY OF TAPES/CD

CD Request xc: SS, 2/23/15 - 4:26:59-4:39:09, 1/5/15 - 9:29:11-9:40:54, 3/30/15 - 9:45:59-10:03:19, 10/20/15 - 9:06:30-9:43:38 1cd 6/24/16 jn

06/21/2016 ORD: STIPULATED D 1

Stipulated Order Modifying release Conditions that Mr. Kalinowski Conditions of Release Should be Modified to Permit Visit to Shelia Wexler an Hour a day

06/16/2016 MTN: FOR CONTINUANCE

Stipulated Motion to Continue and Reset Hearing Scheduled for June 22, 2016

06/14/2016 NTC: OF HEARING

Notice of Hearing June 22, 2016 at 11 am State's Motion for Reconsideration of the Court's Ruling on Defendant's Motion for More Definite Statement of 11-404(B) Evidence of in the Alternative Clarification of the Court's Ruling

06/10/2016 REQUEST FOR HEARING/ SETTING

Request for Hearing, Matter: State's Motion for Reconsideration of the Court's Ruling on the Defendant's Motion for More Definite Statement of 11-404(B) Evidence or, in the Alternative, Clarification of the Court's Ruling

06/06/2016 REPLY

State's Reply to Defense Response to State's Motion for Reconsideration or Claification

05/31/2016 OBJECTION/OPPOSITION

Opposition to State's Motion for Reconsideration

05/26/2016 MTN: TO RECONSIDER/ REVIEW P 1

STATE'S MOTION FOR RECONSIDERATION OF THE COURT'S RULING ON DEFENDANT'S MOTION FOR MORE DEFINITE STATEMENT OF 11-404(B) EVIDENCE OR, IN THE ALTERNATIVE, CLARIFICATION OF THE COURT'S RULING (faxed pleading)

05/25/2016 NCJ: NOLLE COUNTS DISMISSAL /OTHER

Order on Defense Motion to Dismiss Count 10 Dismissed without Prejudice

05/25/2016 ORD: ORDER

Order On Defense Motion Concerning Uncharged Misconduct Evidence

05/25/2016 ORD: OF CONTINUANCE

Order On Defense Motion To Continue May 31, 2016 Trial Setting

05/13/2016 CERTIFICATE OF COMPLIANCE

Certificate of Compliance

05/12/2016 RECEIPT OF CD

05/12/2016 ORD: PRE-TRIAL HEARING SCHEDULED

Discovery Order & Trial Scheduling Order Pre-Trial Hearing, 8/22/16 2:00 PM, Docket Call , 9/19/16 8:15 am, Status Hearing, 10/17/16 8:30 am, Trial-10/25/16 8:30 am

05/10/2016 WAIVER OF APPEARANCE

Waiver of Appearance /Speedy Trial

05/10/2016 REQUEST FOR COPY OF TAPES/CD

CD Request May 10, 2016 Motion to Vacate XC:SS (10:09:16 AM - 10:28:24 AM 2 CDs vbn 05/11/2016 one audio and one MP3)

05/06/2016 NTC: NOTICE SM 1

NOTICE TO COURT BY SPECIAL MASTER

05/05/2016 SUPPLEMENTAL INFORMATION

SUPPLEMENTAL PLEADING RE: MOTION TO DISMISS COUNT 10 xc: Judge Ellington

05/05/2016 RESPONSE P 1

STATE'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO CONTINUE TRIAL AND REQUEST FOR ORDER REQUIRING THE SPECIAL MASTER TO OVERSEE DEFENSE PRETRIAL PREPARATIONS xc: Judge Ellington

05/04/2016 RESPONSE P 1

STATE'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO CONTINUE TRIAL AND REQUEST FOR ORDER REQUIRING THE SPECIAL MASTER TO OVERSEE DEFENSE PRETRIAL PREPARATIONS xc: Judge Ellington

05/04/2016 ORD: ORDER GRANTING

Order Granting Stipulated Motion to Vacate and Reset Hearing Scheduled for May 6, 2016, Reset for May 10, 2016 @ 10:00 AM

05/03/2016 RECEIPT OF CD

05/03/2016 SUPPLEMENTAL INFORMATION

SUPPLEMENTAL PLEADING RE: MOTION SEEKING IN CAMERA REVIEW xc: Judge Ellington

05/02/2016 MTN: FOR CONTINUANCE D 1

MOTION TO CONTINUE TRIAL xc: Judge Ellington

05/02/2016 RECEIPT OF CD

04/29/2016 RESPONSE

State's Supplemental Response to Defendants Motion to Dismiss Count 10

04/29/2016 ORD: ORDER GRANTING

Use Immunity for Witness Marla Sorrels

04/29/2016 MTN: TO VACATE

Stipulated Motion to Vacate and Reset Hearing Scheduled for May 06, 2016

04/28/2016 REQUEST FOR COPY OF TAPES/CD

(04/11/2016 9:13:01 AM - 9:25:49 AM 04/27/2016 1:38:23 PM - 5:47:10 PM 2 CDs vbn 04/29/2016)

04/25/2016 RESPONSE P 1

STATE'S RESPONSE TO DEFENDANT'S MOTION TO SEVER COUNTS

04/25/2016 REPLY P 1

STATE'S REPLY TO DEFENDANT'S RESPONSE TO STATE'S MOTION SEEKING IN CAMERA REVIEW AND A RULING ON THE INAPPLICABILITY OF THE ATTORNEY-CLIENT PRIVILEGE TO CORPORATE COUNSEL'S TESTIMONY

04/25/2016 REPLY P 1

STATE'S REPLY TO DEFENDANT'S RESPONSE TO STATE'S MOTION IN LIMINE TO EXCLUDE IRRELEVANT EVIDENCE

04/25/2016 MTN: MOTION

Opposition to Motion Seeking in Camera Review

04/25/2016 RESPONSE

State's Response to Defendant's Motion to Dismiss Count 10

04/22/2016 OBJECTION/OPPOSITION

Opposition to Motion in Limine

04/21/2016 OBJECTION/OPPOSITION

Opposition to Motion seeking In Camera Review xc: Judge

04/20/2016 APPLICATION (NON-OPENING) P 1

STATE'S APPLICATION FOR USE IMMUNITY FOR WITNESS MARLA SORRELS

04/19/2016 ORD: STIPULATED D 1

Stipulated Order Unsealing Record on 9/30/15 Motion to Dismiss

04/19/2016 ORD: STIPULATED D 1

Stipulated Order for Grand Jury Records

04/19/2016 WITNESS LIST

State's Fourth Supplemental Witness List

04/18/2016 MTN: TO DISMISS D 1

Count 10

04/15/2016 MTN: MOTION

Unopposed Motion Unsealing Record On 9/30/15 Motion to Dismiss

04/15/2016 MTN: MOTION

Unopposed Motion For Grand Jury Records (Issuance of Subpeona Duces Tecums on 07/30/2009 12:15:38 PM - 1:03:58 PM 1 CD vbn 04/26/2016)

04/12/2016 RESPONSE

Reply to State's Response to Motion for More Definite Statement of State's Intent to Introduce Uncharged Misconduct Evidence Under Rule 404(B)

04/11/2016 MTN: MOTION

Motion to Sever Counts

04/08/2016 MTN: MOTION P 1

State's Motion Seeking In Camera Review and a Ruling on the Inapplicability of the Attorney- Client Privilege to Corporate Counsel's Testimony

04/08/2016 MTN: IN LIMINE P 1

STATE'S MOTION IN LIMINE TO EXCLUDE IRRELEVANT EVIDENCE

04/04/2016 ENTRY OF APPEARANCE P 1

ENTRY OF APPEARANCE OF CO-COUNSEL (ON BEHALF OF THE NEW MEXICO SECURITIES DIVISION)

04/02/2016 APPLICATION (NON-OPENING) P 1

State's Application for Use Immunity for Witness Marla Sorrels

03/30/2016 ENTRY OF APPEARANCE

Appointment of Special Prosecutor

03/30/2016 OATH/ AND ACCEPTANCE

Oath of Office

03/22/2016 WITNESS LIST P 1

STATE'S THIRD SUPPLEMENTAL WITNESS LIST

03/21/2016 RESPONSE P 1

State's Response to Defendant's Renewed Motion to Dismiss with Prejudice for Violation of Speedy Trial Rights

03/16/2016 RECEIPT OF CD

03/16/2016 CERTIFICATE OF COMPLIANCE D 1

CERTIFICATE OF COMPLIANCE

03/14/2016 REQUEST FOR COPY OF TAPES/CD

1:56:59-2:05:55 1cd 3/15/16 jn

03/09/2016 RESPONSE

State's Supplemental Response to Defendant's Motion for a More Definite Statement of State's Intent to Introduce Uncharged Misconduct Evidence Under Rule 404(B)

03/04/2016 NTC: NOTICE

Of Request for Discovery

03/04/2016 AFFIDAVIT

03/04/2016 NTC: NOTICE

Of Supplemental Authority and Renewed Motion to Dismiss with Prejudice for Violation of Speedy Trial Rights

02/29/2016 NTC: OF NON-AVAILABILITY

Of Counsel

02/24/2016 NTC: OF FILING

Special Master's Receipt

02/17/2016 SEALED DOCUMENT

02/15/2016 RESPONSE

State's Response to Defendant's Motion for More Definite Statement of State's Intent to Introduce Uncharged Misconduct Evidence Under Rule 404(B)

02/12/2016 RESPONSE P 1

STATE'S RESPONSE TO DEFENDANT'S MOTION FOR STATEMENT OF FACTS

02/12/2016 RESPONSE P 1

STATE'S RESPONSE TO DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT OF STATE'S INTENT TO INTRODUCE UNCHARGED MISCONDUCT EVIDENCE UNDER RULE 404(B)

02/03/2016 RECEIPT OF CD

Notice of CD Receipt filed by Liane E. Kerr

02/01/2016 REQUEST FOR COPY OF TAPES/CD

by Kelli Christenson 1:09:27p-3:29:50p 3:49:59p-4:29:47p 1 CD MG 2/8/16 Mailed 2/8/16

01/29/2016 MTN: MOTION

For Statement of Facts

01/29/2016 REQUEST FOR HEARING/ SETTING

Defense Motion For More Definite Statement of State's Intent To Introduce Uncharged Misconduct Evidence Under Rule 404(B) and Defendant's Motion for Statement of Facts

01/29/2016 MTN: MOTION D 1

Defense Motion For More Definite Statement of State's Intent To Introduce Uncharged Misconduct Evidence Under Rule 404(B)

01/19/2016 REQUEST FOR COPY OF TAPES/CD

1:09:27p-3:29:50p 3:49:59p-4:29:47p 1 CD MG 1/26/16 1/29/16 Per Yareli req. mailed. Mailed 1/29/16.

01/06/2016 ORD: ORDER

Order Providing the Special Master with Audio or Transcripts

01/04/2016 MTN: MOTION

For Audio or Transcripts

12/24/2015 RECEIPT OF CD

12/18/2015 ORD: ORDER

Order on November 30, 2015 Hearing Regarding Court's Order to Show Cause

12/18/2015 ORD: ORDER

Stipulated Motion and Order Modifying Release Conditions

12/09/2015 ORD: ORDER

Order Sealing Exhibits XC: SS

12/04/2015 REQUEST FOR COPY OF TAPES/CD

1:09:23 pm 3:29:45 pm 3:50:30 pm 4:29:56:pm FTR/MP3 Printed Log Notes

12/03/2015 RECEIPT OF CD

CD Receipt (of November 30, 2015 recording)

12/03/2015 REQUEST FOR COPY OF TAPES/CD

Request for Copy of CD (November 30, 2015 hearing 1:00 to 4:30 pm) 1:09:23 pm 3:29:45 pm 3:50:30 pm 4:29:56:pm 3cd byh/ printed logs

12/01/2015 REQUEST FOR COPY OF TAPES/CD

XC:SS 1:09:23 3:29:45 3:50:30 4:29:56 3cdbyh

11/30/2015 NTC: OF NON-AVAILABILITY

11/10/2015 ORD: APPOINTING ATTORNEY D 1

Order Appointing Counsel for Hearing on Order to Show Cause

11/09/2015 MTN: TO APPOINT ATTORNEY D 1

Motion for Appointment of Contract Counsel to Represent Defendant at Show Cause Hearing

11/03/2015 ORD: PRE-TRIAL HEARING SCHEDULED

Discovery Order &Trial Scheduling Order Pre-Trial Hearing March 14, 2016 @ 2:00 PM, Docket Call April 11, 2016 @ 8:15 AM, Status Hearing May 16, 2016@ 8:30 AM, Trial May 24, 2016 @ 8:30 AM, Target Date June 24, 2016

10/29/2015 WITNESS LIST

State's Second Supplemental Witness List

10/28/2015 REQUEST

For Scheduling Order

10/22/2015 RETURN OF SERVICE

Peggy Jeffers Served on Behalf of the New Mexico Public Defender's Department

10/21/2015 ORD: TO SHOW CAUSE

Appear on November 30, 2015 at 1 pm

10/21/2015 ENTRY OF APPEARANCE

Limited Entry of Appearance

10/21/2015 NTC: OF NON-AVAILABILITY

10/20/2015 RETURNED MAIL

Notice of Hearing

10/14/2015 RETURN OF SERVICE

Served on 10/09/2015

10/14/2015 WITNESS LIST

State's Supplemental Witness List

10/13/2015 MTN: TO DISMISS

Supplemental Motion to Dismiss for Failure to Comply with Gideon V. Waintwright, Supplemental Motion to Dismiss for Violation of Right to Speedy Trial Pursuant to the Constitution of the United States and Constitution of the State of New Mexico and Motion to Declare the New Mexico Public Defender Department to Have a Conflict of Interest and that a Contract Lawyer be Appointed to Pursue Claims which the Chief Public Defender/District Public Defender Refuses to Bring or Allow their Employed Attorneys to Bring

10/09/2015 SUMMONS ISSUED

Summons to Appear 10/20/2015 at 9:00

10/08/2015 CERTIFICATE OF COMPLIANCE

State's Supplemental Certificate of Compliance

10/08/2015 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL

Substitution of Counsel

10/08/2015 ORD: STIPULATED P 1

Continuing October 9 Hearing

10/08/2015 NTC: OF HEARING

Defendant's Motion to Dismiss and Defendant's Motion to Reinstate Counsel October 20, 2015 @ 9:00 AM

10/06/2015 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL D 1

Substitution of Counsel

10/06/2015 MTN: FOR CONTINUANCE D 1

Motion to Continue October 9, Hearing

10/05/2015 RECEIPT OF CD

CD Receipt Re: hearings on 3/30/15 and 9/28/15

10/05/2015 MTN: TO REINSTATE D 1

Defendant's Motion to Reinstate Counsel

10/02/2015 NTC: OF HEARING

Amended Notice Of Hearing To Appear 10/9/15 at 2:00

10/02/2015 NTC: OF HEARING

Appear on Oct 09, 2015 @ 2:00 pm Motion to Dismiss

10/01/2015 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request (9:45:59 - 10:03:18, 3:05:25 - 3:13:36, two CD's, MRN, 10/02/15)

09/30/2015 MTN: TO DISMISS

Motion To Dismiss For Failure Of The State Of New Mexico and The Public Defender Commission To Provide Sufficient Funds To The Law Office Of The Public Defender To Enable Effective Assistance Of Counsel, And/Or In The Alternative, Motion To Show Why The Law Offices Of The Oublic Defender and/or The Public Defender Commission Should Not Be Held In Contempt For Failure To Remain Gideon Compliant

04/09/2015 ORD: ORDER DENYING D 1

Order On Defendant's Motion To Modify Conditions Of Release

04/02/2015 RECEIPT OF CD

03/31/2015 REQUEST FOR COPY OF TAPES/CD

CD Request

03/31/2015 REQUEST FOR COPY OF TAPES/CD

CD Request

03/31/2015 REQUEST FOR COPY OF TAPES/CD

CD Request

03/31/2015 REQUEST FOR COPY OF TAPES/CD

CD Request

03/24/2015 RESPONSE

State's Response To Defendant's Motion To Modify Terms Of Release

03/20/2015 NTC: OF HEARING

March 30, 2015 at 9:30am Motion to Modify Terms of Release Hearing

03/11/2015 REQUEST FOR HEARING/ SETTING

Modification of Terms of Release and EM

03/11/2015 MTN: MOTION TO AMEND/ MODIFY

Defendant's Motion to Modify Terms of Release

03/10/2015 RECEIPT OF CD

03/10/2015 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL

Substitution of Counsel

03/10/2015 OATH/ AND ACCEPTANCE

Oath of Office

03/10/2015 NTC: Regarding Appointment of Attorney P 1

Appointment of Special Assistant District Attorney

03/02/2015 REQUEST FOR COPY OF TAPES/CD

02/26/2015 ORD: PRE-TRIAL HEARING SCHEDULED

Discovery Order And Trial Scheduling Order

02/25/2015 REQUEST FOR COPY OF TAPES/CD

02/25/2015 REQUEST FOR COPY OF TAPES/CD

02/25/2015 REQUEST FOR COPY OF TAPES/CD

02/23/2015 WAIVER

Waiver of Speedy Trial

02/19/2015 NTC: OF INTENT

Notice of State's Intent to Introduce Evidence Under Rule 11-404(B)

01/05/2015 ORD: ELECTRONIC MONITORING

Electronic Monitoring Supplemental Addendum

12/17/2014 RETURNED MAIL D 1

12/17/2014 RESPONSE P 1

State's Response to Defendant's Motion to Modify Conditions/Time of Electronic Monitoring

12/17/2014 NTC: OF HEARING

Date: Jan 5, 2015 at 9:30 Purpose: EM Modification

12/11/2014 NTC: NOTICE D 1

Notice of Substitution of Counsel

12/11/2014 MTN: MOTION TO AMEND/ MODIFY D 1

Motion to Modify Conditions/Times of Electronic Monitoring

12/11/2014 REQUEST FOR HEARING/ SETTING

Matter: request a setting For Modification of Electronic Monitoring

12/01/2014 NTC: OF HEARING

12/15/14 at 9:30am

11/20/2014 REQUEST FOR HEARING/ SETTING D 1

Hearing On Motion To Enforce Compliance With Court

11/20/2014 MTN: MOTION D 1

Defendants Motion To Enforce Compliance With Order

10/28/2014 RESPONSE

State's Response to Defendant's (Pro Se) Motion Requesting the Motion be Denied orf Alternatively that the Motion be Removed from the Case Record

10/16/2014 MTN: MOTION D 1

Motion for an Order Granting Family Time Between October the Dates of October Eighteenth and October Tweenty Fifth 2014 to be Scheduled at the Discretion of EM

09/02/2014 OATH/ AND ACCEPTANCE

Of Office RE: Brandon R. Toensing

08/29/2014 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL

Substitution of Counsel

08/29/2014 NTC: Regarding Appointment of Attorney P 1

Appointment of Special Assistant District Attorney (Brandon R. Toensing)

08/18/2014 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request Re: Hearing on 10/7/13 XC: SS

08/18/2014 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request Re: Hearing on 12/16/13 XC: SS

08/18/2014 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request Re: Hearing on 4/25/14 XC: SS

08/18/2014 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request Re: Hearing on 10/23/13 XC: SS

08/18/2014 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request Re: Hearing on 1/27/14 XC: SS

08/18/2014 REQUEST FOR COPY OF TAPES/CD

Tape/CD Request Re: Hearing on 7/14/14 XC: SS

07/16/2014 ORD: VACATING HEARING

Order Vacating Trial and Moving Case to a 2015 Docket

07/15/2014 SCHEDULING ORDER

amended discovery order and trial scheduling order. pre-trial hearing feb 23, 2015 at 2pm, docket call mar 23, 2015 at 8:30am, trial apr 28, 215 at 8:30 am

07/14/2014 ORD: PRE-TRIAL HEARING SCHEDULED

Discovery Order & Trial Scheduling Order Pre-Trial March 3, 2015 @ 2 pm Docket Call March 24, 2015 @ 8:30 AM Status Hearing April 21, 2014 @ 8:30 AM Trial April 29, 2015 @ 8:30 AM

07/14/2014 REQUEST FOR COPY OF TAPES/CD

Grand Jury Tapes

07/14/2014 ENTRY OF APPEARANCE

, Demand for a Speedy Trial, Motion for Discovery, Demand for Exculpatory Information, and Certificate of Compliance, Motion to Waive Deadline for Pleading Insanity Defense, and Witness List

07/11/2014 WAIVER OF TIME LIMIT

Waiver of Speedy Trial -- by Defendant William Kalinowski (fax filed)

07/09/2014 MTN: MOTION

Unopposed motion for an order granting a postponement of proceedings and vacating the trial date and moving this matter to the January Docket

07/08/2014 MTN: TO VACATE D 1

Unopposed Motion for an Order Granting a Postponement of Proceedings and Vacating the Trial Date and Moving This Matter to the January Docket

06/25/2014 ORD: ORDER GRANTING

Unopposed Order Granting Application for Litigation Services Support from the NM Public Defender Department

06/17/2014 MTN: MOTION D 1

Unopposed Motion for an Order Granting Application for Litigation Services Support From the New Mexico Public Defender Department

06/13/2014 WITNESS LIST

Amended Witnesses List

03/11/2014 ADDENDUM

Supplemental EM Addendum

02/11/2014 REQUEST FOR COPY OF TAPES/CD

Spoke with Andras Szantho 5/6/14 does not need this processed. MG Contacted on 2/12/14, 2/18/14 and 2/24/14 to enter appearance to complete process of CD request. MG

02/06/2014 ORD: ELECTRONIC MONITORING

Supplemental Electronic Monitoring Addendum

02/03/2014 WAR: WARRANT SERVED

Served October 7, 2013 Issued October 7, 2013

01/23/2014 RECEIPT OF CD

Dan Marlowe

01/23/2014 WAIVER

Of Speedy Trial

01/23/2014 WAR: ORDER QUASHING WARRANT

01/23/2014 ORD: TO APPEAR TELEPHONICALLY

Order Re: John Polk to appear telephonically 1/27/14 at 1:00 pm

12/18/2013 ORD: PRE-TRIAL HEARING SCHEDULED

Amended Discovery Order and Trial Scheduling Order

12/16/2013 ORD: PRE-TRIAL HEARING SCHEDULED

Discovery Order & Trial Scheduling Order Pre-Trial: 7/14/14 at 2:00 pm Docket: 8/18/14 at 8:15 am Trial: 9/23/14 at 8:30 am

11/12/2013 ADDENDUM D 1

Supplemental EM Addendum

11/06/2013 NTC: OF NON-AVAILABILITY

11/14-11/15, 11/21-11/22, and 12/23-12/30/2013

10/31/2013 ENTRY OF APPEARANCE

10/31/2013 MTN: MOTION

MOTION FOR DISCOVERY NO. 1

10/31/2013 REQUEST FOR COPY OF TAPES/CD D 1

REQEUST FOR GRAND JURY TAPES BY DANIEL MARLOWE xc: SS

10/23/2013 ORD: OF RELEASE D 1

GPS

10/23/2013 ADDENDUM

EM

10/23/2013 ORD: CONDITIONS OF RELEASE

Order Setting Conditions of Release $25000.00 Signature/Bond

10/23/2013 ORD: PRE-TRIAL HEARING SCHEDULED

Discovert Order & Trial Scheduling Order Pre-Trial Hearing Set for December 16, 2013 at 2:00pm Docket Call January 27, 2014 at 8:15am

10/23/2013 MEMORANDUM OF ARRAIGNMENT

Plea of Not Guilty $25000.00 Signature

10/23/2013 NTC: OF INTENT

Notice of Intent to Call Witnesses

10/23/2013 CERTIFICATE OF DISCLOSURE OF INFORMATION

10/17/2013 ORD: TO TRANSPORT D 1

Transport to Santa Fe County Judicial Complex on October 23, 2013 at 1:30pm

10/17/2013 NTC: OF HEARING

October 23, 2013 at 1:30pm Arraignment

10/09/2013 ORD: TO TRANSPORT D 1

Transport from Plymouth, MA to Santa Fe County Sheriff's Department on October 20, 2013

10/09/2013 MTN: TO TRANSPORT P 1

Motion for Order to Transport from Plymouth MA

10/07/2013 WAR: BENCH WARRANT-FAILURE TO APPEAR ISSUED

FTA 10/7/13 $20,000.00 cash only

10/07/2013 ENTRY OF APPEARANCE P 1

10/03/2013 WAIVER OF ARRAIGNMENT

Waiver of Arraignment and Entry of Plea of Not Guilty

09/11/2013 SUMMONS ISSUED D 1

Criminal Summons Issued for Defendant to appear on 10-07-13 @10:30 am

09/11/2013 SUBPOENA RETURNED

Served to Marla Diane Storms-Sorrels

09/11/2013 OPN: GRAND JURY INDICTMENT
Outcome:
Defendant was found guilty on all counts and
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of State of New Mexico v. William Kalinowski?

The outcome was: Defendant was found guilty on all counts and

Which court heard State of New Mexico v. William Kalinowski?

This case was heard in District Court, Santa Fe County, New Mexico, NM. The presiding judge was T. Glenn Ellington.

Who were the attorneys in State of New Mexico v. William Kalinowski?

Plaintiff's attorney: Matt Mascarenas, Dianna Lewis Luce and Linda E. Kerr. Defendant's attorney: .

When was State of New Mexico v. William Kalinowski decided?

This case was decided on December 2, 2016.