Williams v. Kitsap County et al

Filing 135

STIPULATED PROTECTIVE ORDER re 128 Re: Release of Evidence, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BEN HERRIN, et ux., and PAUL WOODRUM, et ux., Defendants. v. KITSAP COUNTY, et al., Defendants. CECILIA GOULD AND ROBERT GOULD Plaintiffs,
HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
MARK WILLIAMS, as Personal Representative of the Estate of Shane P. Williams, and a married man as his separate property, et al., Plaintiffs,

NO. 08-CV-05430-RBL STIPULATION AND PROTECTIVE ORDER RE: RELEASE OF EVIDENCE

STIPULATION COME NOW, the parties hereto, through their respective counsel, and stipulate as follows: 1. Plaintiffs Mark Williams and Cecilia Gould hereby stipulate to the chain of custody of all

items released to their agent, Kay Sweeney. 2. In no event shall the evidence released pursuant to this stipulation be released, handled,
RUSSELL D. HAUGE Kitsap County Prosecuting Attorney 614 Division Street, MS-35A Port Orchard, WA 98366-4676 [phone] Fax [phone]

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turned over to, or otherwise provided to anyone other than Kay Sweeney. 3. Mr. Sweeney shall not release or return the evidence to any person other than a Kitsap

County Sheriff's Office Evidence Custodian. 4. Prior to the release of any item(s) or evidence from the possession of the Kitsap County

Sheriff's Department Evidence Custodian to Mr. Sweeney, Plaintiff(s) shall provide to Defense Counsel, Ione George, the name and address of the location where the item(s) will be transported. 5. Any item sought to be released shall be picked up directly from the Kitsap County Sheriff's

Office by Mr. Sweeney, at a mutually agreed upon date and time, but in any event, no later than October 21, 2009. 6. Mr. Sweeney shall be required to sign for any item released to him pursuant to this

stipulation, as may be required by the Kitsap County Sheriff's Office Evidence Custodian. 7. Any item released under this stipulation, or any part thereof, shall not be amended, altered

or consumed in any manner; nor shall any chemical be placed upon the item, even if such chemical is later removed from the item, except pursuant to the terms of Paragraph 8. Any/all items released shall be repackaged and returned in the same manner and condition as originally packaged. 8. In the event Mr. Sweeney desires to conduct additional tests to or upon any released

item which requires alterations, amendment or consumption of such item, or the placement of one or more chemicals upon the item, Mr. Sweeney shall not conduct any such additional tests without first obtaining: (1) the consent of the parties hereto, which consent shall not be unreasonably withheld; or (2) a Court order authorizing such testing. In the event Mr. Sweeney desires to conduct any such tests, he shall be permitted to retain the released items for additional time, to be calculated as follows: Mr. Sweeney shall be permitted to retain the items for 7-days from the date consent of the parties is obtained, or from the date the Court authorizes such testing.
RUSSELL D. HAUGE Kitsap County Prosecuting Attorney 614 Division Street, MS-35A Port Orchard, WA 98366-4676 [phone] Fax [phone]

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9.

In addition to any report that may be required pursuant to Court Rule, Mr. Sweeney shall

document his transport, handling and analysis of the evidence item(s) in a written report, including: i) the date and time of transport, handling, and/or analysis of the item(s); ii) the condition of the item(s) at the time of receipt of the item(s) and the return of the items; iii) the nature, scope, duration, extent and result of any analyses(es) performed; iv) notation of any amendment and/or alteration to the packaging of each item with specific description of the need for and form of any amendment or alteration to the packaging. 10. Notwithstanding any of the above provisions, the item(s) shall be returned by Mr. Sweeney

to the Kitsap County Sheriff's Department Evidence Custodian no later than November 5, 2009, absent an extension of time granted through the provisions of section 8, above. Return of the item(s) shall be made directly (i.e. in person) to the Sheriff's Office by Mr. Sweeney. 11. Notwithstanding any of the above provisions, the report(s) referenced under item no. 9

(nine), above, shall be provided to defense counsel, Ione George, no later than November 9, 2009, or the date following any extension of time that may be granted through the provisions of section 8, above. 11. Only the following item(s) may be released under this stipulation, and are subject to the

terms and conditions of this stipulation: 1) 2) 3) 4) 5) 6) 7) 8) 9) Description: BM4952 BM4953 BM4954 BM4955 BM 4956 BM4958 BM4882 BM4959 BM4960 Evidence No.: Right shoe Left Shoe Sweat shirt Boxer underwear Blk sweat pants 1 tee shirt Machette ­ With Wooden Handle Wht Env Cont. Rt. Hand Fingernails Wht Env Cont. Left Hand Fingernails (Empty)
RUSSELL D. HAUGE Kitsap County Prosecuting Attorney 614 Division Street, MS-35A Port Orchard, WA 98366-4676 [phone] Fax [phone]

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10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28)

BM4966 BM4967 BM4968 BM4969 BM4970 BM4971 BM4972 BM4883 BM4884 BM4885 BM4886 BM4887 BM4888 BM4889 BM4890 BM4891 BM4892 BM4893 BM4894

1 Slug/Jkt Frag 1 Slug Frm Anterior 1 Slug Frm Rt Rear Back 1 Slug Frm Rt. Lateral Chest 1 Slug Rr. Axilla 1 Slug Left Mid Back 1 Slug Frm Rt. Mid Back Shall Casing ­ A Shell Casing ­ B Shell Casing ­ C Shell Casing ­ D Shell Casing ­ E Shell Casing ­ F Shell Casing ­ G Shell Casing ­ H Shell Casing ­ I Shell Casing - J Lead Bullet Fragment Lead Bullet Fragment From Car Door

DATED this 16th day of October, 2009. RUSSELL D. HAUGE Kitsap County Prosecuting Attorney /s/ Ione George IONE S. GEORGE, WSBA #18236 Senior Deputy Prosecuting Attorney Attorney for Defendants Ben Herrin, Victor Cleere and Kitsap County DATED this 16th day of October, 2009. KEATING, BUCKLIN & McCORMICK, INC., P.S. /s/ Andrew Cooley________________________ Andrew G. Cooley, WSBA 15189 Attorney for Defendant Paul Woodrum Keating, Bucklin & McCormack, Inc., P.S.

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RUSSELL D. HAUGE Kitsap County Prosecuting Attorney 614 Division Street, MS-35A Port Orchard, WA 98366-4676 [phone] Fax [phone]

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DATED this 16th day of October, 2009. /s/ Guy Beckett GUY BECKETT, WSBA #14939 Attorney for Plaintiff Mark Williams DATED this 16th day of October, 2009. /s/ Fred Diamondstone FRED DIAMONDSTONE, WSBA #7183 Attorney for Plaintiff Cecilia Gould DATED this 19th day of October, 2009. _/s/ Mark Koontz__________________________ MARK KOONTZ, WSBA #26212 Attorney for Defendant Olson ORDER Pursuant to the foregoing Stipulation, it is hereby, ORDERED that all parties to the above Stipulation shall abide by the terms and conditions set forth thereby. DONE IN OPEN COURT this 20th day of October, 2009

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE PRESENTED BY: RUSSELL D. HAUGE Kitsap County Prosecuting Attorney /s/ Ione George IONE S. GEORGE, WSBA #18236 Senior Deputy Prosecuting Attorney Attorney for Defendants
STIPULATION AND PROTECTIVE ORDER RE: RELEASE OF EVIDENCE (08-CVRUSSELL D. HAUGE Kitsap County Prosecuting Attorney 614 Division Street, MS-35A Port Orchard, WA 98366-4676 [phone] Fax [phone]

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RUSSELL D. HAUGE Kitsap County Prosecuting Attorney 614 Division Street, MS-35A Port Orchard, WA 98366-4676 [phone] Fax [phone]

APPROVED FOR ENTRY; NOTICE OF PRESENTATION WAIVED: /s/ Andrew Cooley Andrew G. Cooley, WSBA #15189 Attorney for Defendant Paul Woodrum APPROVED FOR ENTRY; NOTICE OF PRESENTATION WAIVED: /s/ Guy Beckett GUY BECKETT, WSBA #14939 Attorney for Plaintiff Mark Williams

APPROVED FOR ENTRY; NOTICE OF PRESENTATION WAIVED: /s/ Fred Diamondstone FRED DIAMONDSTONE, WSBA #7183 Attorney for Plaintiff Cecilia Gould APPROVED FOR ENTRY; NOTICE OF PRESENTATION WAIVED: /s/ Mark Koontz MARK KOONTZ, WSBA #26212 Attorney for Defendant Olson

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