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4TH DISTRICT COURT - PROVO

UTAH COUNTY, STATE OF UTAH

STATE OF UTAH vs. PHILIP CLOID HATFIELD


CASE NUMBER 171402662 State Felony
________________________________________________________________________________
CHARGES
Charge 1 - 76-5-202 - ATTEMPTED AGGRAVATED MURDER 1st Degree
Felony
Offense Date: August 06, 2017
Plea: February 07, 2018 Not Guilty
Disposition: November 19, 2018 Guilty
Charge 2 - 76-5-102 - ASSAULT Class B Misdemeanor
Offense Date: August 06, 2017
Plea: February 07, 2018 Not Guilty
Disposition: November 19, 2018 Guilty
Charge 3 - 76-5-109.1(2)(C) - DOMESTIC VIOLENCE IN THE PRESENCE
OF A CHILD Class B Misdemeanor
Offense Date: August 06, 2017
Plea: February 07, 2018 Not Guilty
Disposition: November 19, 2018 Guilty

CURRENT ASSIGNED JUDGE


LYNN W DAVIS
Division 8

PARTIES
Defendant - PHILIP CLOID HATFIELD
Represented by: DEFENDER PUBLIC
Represented by: NEIL SKOUSEN
Represented by: GREGORY V STEWART
Plaintiff - STATE OF UTAH
Represented by: JEFFREY R BUHMAN
Represented by: CHRISTINE G SCOTT
Represented by: CARL R HOLLAN

DEFENDANT INFORMATION
Defendant Name: PHILIP CLOID HATFIELD
Offense tracking number: 55623789
Date of Birth: December 26, 1989
Jail Booking Number: 356680
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CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Law Enforcement Agency: SPRINGVILLE POLICE
LEA Case Number: 17SV06969
Officer Name: VINCE MENDEZ
Prosecuting Agency: UTAH COUNTY
Agency Case Number: 17-9262
Sheriff Office Number:
Arrest Date: August 06, 2017

ACCOUNT SUMMARY
TOTAL REVENUE Amount Due: 10.00
Amount Paid: 10.00
Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Fee Waiver Status - Government
Original Amount Due: 10.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments
Date Amount Reason
Oct 24, 2018 -10.00 Government filer
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Amount Due: 10.00
Amount Paid: 10.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Fee Waiver Status - Government
Original Amount Due: 10.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments
Date Amount Reason
Nov 01, 2018 -10.00 Government filer
REVENUE DETAIL - TYPE: AUDIO TAPE COPY
Printed: 11/20/18 18:40:02 Page 2

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CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Fee Waiver Status - Government
Original Amount Due: 10.00
Amended Amount Due: 0.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 0.00
Account Adjustments
Date Amount Reason
Nov 01, 2018 -10.00 Government filer

PROCEEDINGS
08-06-17 Filed: Probable Cause For Arrest With Out Warrant (INA 8/10/17
at 3:00 pm, Bail Set At $100,000 Cash Only)
08-10-17 **** PRIVATE **** Filed: Sworn Affidavit to Request Appoin
08-10-17 Minute Entry - INITIAL APPEARANCE
Judge: THOMAS LOW
PRESENT
Clerk: rosew
Prosecutor: JOHNSON, CRAIG R
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 201 Tape Count: 3:17-3:19

INITIAL APPEARANCE

A copy of the Information is given to the defendant.


Defendant waives reading of Information.
Advised of charges and penalties.
APPOINTMENT OF COUNSEL

Court finds the defendant indigent and appoints DEFENDER PUBLIC to


represent the defendant.

Appointed Counsel:

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CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Name: DEFENDER PUBLIC
Address: 51 S UNIVERSITY AVE STE 206
City: PROVO UT 84601
Phone: (801)852-1070

Affidavit of indigency has been completed by the defendant


WAIVE PRELIM HEARING is scheduled.
Date: 08/16/2017
Time: 08:30 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: LYNN W DAVIS

CUSTODY

The defendant is remanded to the custody of the Utah County Jail.


08-10-17 Filed: INFORMATION/INDICTMENT 20170810.INFORMATION.HATFIELD
08-10-17 Case filed
08-10-17 Filed: From an Information
08-10-17 Judge LYNN W DAVIS assigned.
08-10-17 INITIAL APPEARANCE scheduled on August 10, 2017 at 03:00 PM in
Second Floor, Rm 201 with Judge LOW.
08-11-17 WAIVE PRELIM HEARING scheduled on August 16, 2017 at 08:30 AM
in Fourth floor, Rm 401 with Judge DAVIS.
08-15-17 Filed: Appearance of Counsel/Notice of Limited Appearance
08-15-17 Filed: Request for Discovery
08-15-17 Filed: Return of Electronic Notification
08-15-17 Filed: Appearance of Counsel/Notice of Limited Appearance:
Notice of Appearance of Counsel and Request for Discovery
08-15-17 Filed: Return of Electronic Notification
08-16-17 COMPETENCY HEARING scheduled on November 15, 2017 at 08:30 AM
in Fourth floor, Rm 401 with Judge DAVIS.
08-16-17 Minute Entry - WAIVE PRELIM HEARING
Judge: LYNN W DAVIS
PRESENT
Clerk: juliea
Prosecutor: FINCH, DOUGLAS W
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CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401 Tape Count: 10:35

This matter comes before the court for a waiver hearing.


Mr. Skousen will be filing a petition for competency.
Mr. Skousen motions the court to lift the no contact order.
The Court denies the motion, no contact order to remain in place.

COMPETENCY HEARING is scheduled.


Date: 11/15/2017
Time: 08:30 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: LYNN W DAVIS
08-16-17 Filed: Notice of Withdrawal
08-16-17 Filed: Return of Electronic Notification
08-31-17 Filed: : Petition for Inquiry into Competency and Inquiry into
Mental State and Diminished Mental Capacity
08-31-17 Filed: Order (Proposed): Order on Petition for Inquiry into
Competency and Inquiry into Mental State and Diminished Mental
Capacity
08-31-17 Filed: Return of Electronic Notification
08-31-17 Filed: : Request to Submit for Decision
08-31-17 Filed: Return of Electronic Notification
09-05-17 Filed order: Order: Order on Petition for Inquiry into
Competency and Inquiry into Mental State and Diminished Mental
Capacity
Judge LYNN W DAVIS
Signed September 05, 2017
09-05-17 Filed: Return of Electronic Notification
10-12-17 **** PRIVATE **** Filed: Competency Evaluation - Dr. Geret
10-16-17 **** PRIVATE **** Filed: Competency Evaluation - Dr. Rick
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Page 5 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
11-15-17 PRELIMINARY HEARING scheduled on December 19, 2017 at 10:00 AM
in Fourth floor, Rm 401 with Judge DAVIS.
11-15-17 Minute Entry - COMPETENCY HEARING
Judge: LYNN W DAVIS
PRESENT
Clerk: mindyi
Prosecutor: FINCH, DOUGLAS W
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 302 Tape Count: 9:47

This matter comes before the court for a Competency Hearing.


Counsel requests a Preliminary Hearing.
The court grants request and a Preliminary Hearing is set.

PRELIMINARY HEARING is scheduled.


Date: 12/19/2017
Time: 10:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: LYNN W DAVIS
12-01-17 Filed: Motion to Continue Preliminary Hearing
Filed by: STATE OF UTAH,
12-01-17 Filed: Order (Proposed) Order to Continue
12-01-17 Filed: Return of Electronic Notification
12-07-17 Filed order: Order to Continue
Judge LYNN W DAVIS
Signed December 07, 2017
12-07-17 PRELIMINARY HEARING Cancelled.
Reason: Counsel's request.
12-07-17 SCHEDULING CONF scheduled on December 20, 2017 at 08:30 AM in
Fourth floor, Rm 401 with Judge DAVIS.
12-07-17 Filed: Return of Electronic Notification
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Page 6 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
12-20-17 PRELIMINARY HEARING scheduled on January 23, 2018 at 02:00 PM
in Fourth floor, Rm 401 with Judge DAVIS.
12-20-17 Minute Entry - SCHEDULING CONF
Judge: LYNN W DAVIS
PRESENT
Clerk: mindyi
Prosecutor: SCOTT, CHRISTINE G
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401 Tape Count: 8:37

This matter comes before the court for a Scheduling Conference.


Counsel stipulate to rescheduling a Preliminary Hearing.
A hearing is set.

PRELIMINARY HEARING is scheduled.


Date: 01/23/2018
Time: 02:00 p.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
01-23-18 ARRAIGNMENT scheduled on February 07, 2018 at 08:30 AM in
Fourth floor, Rm 401 with Judge DAVIS.
01-23-18 Minute Entry - PRELIMINARY HEARING
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: SCOTT, CHRISTINE G
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Printed: 11/20/18 18:40:03 Page 7

Page 7 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Tape Number: 401-18 Tape Count: 2:17

This matter comes before the court for a Preliminary Hearing.


Court addresses counsel who state they are ready to proceed.
The State calls Aubrey Andersen, she is placed under oath and
testifies.
2:32 Mr. Skousen crosses and moves to admit exhibits 8, 9, 10, and
11 they are marked, identified, offered and received.
2:46 Ms. Scott redirects.
2:48 State calls Officer Vincent Mendez, he is placed under oath
and testifies. State moves to admit exhibits 1, 2, 3, 4, 5, 6, and
7 they are marked, identified, offered and received.
Mr. Skousen crosses.
3:30 The State calls Dr. Brooks Keeshin, Dr. Keeshin appears by
telephone, he is placed under oath and testifies.
3:42 Mr. Skousen crosses.
3:47 Mr. Skousen calls Janeen Gonzales, she is placed under oath
and testifies. Mr. Skousen moves to admit exhibit #12, it is
marked, identified, offered and received. The State rests.
Court breaks
10:59 Court resumes. Mr. Skousen presents argument. Ms. Scott
presents argument.
Court finds there is probable cause to bind the matter over for
trial.
Exhibits are withdrawn.
End 4:08

ARRAIGNMENT is scheduled.
Date: 02/07/2018
Time: 08:30 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
01-24-18 Filed order: PRELIMINARY HEARING
Judge LYNN W DAVIS
Signed January 24, 2018
Printed: 11/20/18 18:40:03 Page 8

Page 8 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
02-07-18 Charge 1 Plea is Not Guilty
02-07-18 Charge 2 Plea is Not Guilty
02-07-18 Charge 3 Plea is Not Guilty
02-07-18 ORAL ARGUMENT scheduled on March 28, 2018 at 11:00 AM in Fourth
floor, Rm 401 with Judge DAVIS.
02-07-18 Minute Entry - ARRAIGNMENT
Judge: LYNN W DAVIS
PRESENT
Clerk: mindyi
Prosecutor: SCOTT, CHRISTINE G
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401 Tape Count: 8:46

This matter comes before the court for Arraignment. Defendant


enters Not Guilty pleas.
The matter is set for Oral Arguments.

ORAL ARGUMENT is scheduled.


Date: 03/28/2018
Time: 11:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
03-01-18 Filed: TRANSCRIPT for Hearing of 01-23-2018
03-28-18 Filed: Motion and Memorandum to Suppress Jail Confession and
Statements
Filed by: HATFIELD, PHILIP CLOID
03-28-18 Filed: Return of Electronic Notification
03-28-18 EVIDENTIARY HEARING scheduled on May 08, 2018 at 09:00 AM in
Fourth floor, Rm 401 with Judge DAVIS.
03-28-18 Minute Entry - ORAL ARGUMENTS
Judge: LYNN W DAVIS
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Page 9 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
PRESENT
Clerk: mindyi
Prosecutor: SCOTT, CHRISTINE G
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401 Tape Count: 12:13-12:18

This matter comes before the court for Oral Argument. Mr. Skousen
addresses motion to suppress and requests evidentiary Hearing.
The state stipulates.
A hearing is set.

EVIDENTIARY HEARING is scheduled.


Date: 05/08/2018
Time: 09:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
05-08-18 ORAL ARGUMENT scheduled on June 11, 2018 at 09:00 AM in Fourth
floor, Rm 401 with Judge DAVIS.
05-08-18 Minute Entry - EVIDENTIARY HEARING
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: HOLLAN, CARL R
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401-18 Tape Count: 9:13-11:09

This matter comes before the court for an evidentiary hearing. The
Printed: 11/20/18 18:40:04 Page 10

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CASE NUMBER 171402662 State Felony
________________________________________________________________________________
State calls Officer Vincent Mendez. He is placed under oath and
testifies. The State plays body cam footage.

9:44 Mr. Skousen cross examines the witness. Counsel stipulate to


exhibit 3 (transcript of preliminary hearing). Mr. Skousen move to
admit exhibits 2, 1 they are, marked, identified, offered and
received.

10:22 The State redirects.

Mr. Skousen calls Officer Dayaniva Navarrat. She is placed under


oath and testfies.

10:46 Mr. Skousen calls Aubree Andersen. She is placed under oath
and testifies. Court takes a recess to allow Ms. Andersen to speak
with her counsel.

10:59 Court resumes. Ms. Gonzales addresses the court and states
she represents Ms. Andersen. Ms. Gonzales has spoke with her
client and she may retake the stand and testify. Ms. Andersen
retakes the stand. Mr. Skousen continues with examination.

The State and the Defense rest.

The State will file a response to the Motion to Suppress and the
court will then hear oral argument on the issue.

Court retains exhibits.

ORAL ARGUMENT is scheduled.


Date: 06/11/2018
Time: 09:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
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Page 11 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
PROVO, UT 84601
Before Judge: LYNN W DAVIS
05-15-18 Filed: Audio Request
05-15-18 Filed: Return of Electronic Notification
05-16-18 Filed: CD Request Completed (picked up on 5/16/18)
06-01-18 Filed: Memorandum in Opposition to Defendants Motion to
Suppress and/or Exclude Evidence of Confessions
06-01-18 Filed: Return of Electronic Notification
06-07-18 Filed: TRANSCRIPT for Hearing of 05-08-2018
06-11-18 FURTHER PROCEEDING scheduled on July 18, 2018 at 11:00 AM in
Fourth floor, Rm 401 with Judge DAVIS.
06-11-18 Minute Entry - ORAL ARGUMENT
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: HOLLAN, CARL R
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401-18 Tape Count: 9:36-10:42

This matter comes before the court for oral argument on the Motion
to Supress. Court addresses counsel on the motion.
Mr. Skousen presents argument on the Motion to Supress.
Mr. Holland responds and presents argument.
Court take the matter under advisement and will allow an additional
7 days for Mr. Skousen to file his reply.

FURTHER PROCEEDING is scheduled.


Date: 07/18/2018
Time: 11:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
Printed: 11/20/18 18:40:04 Page 12

Page 12 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
06-18-18 Filed: Motion for Extension of Time to File Reply
Filed by: HATFIELD, PHILIP CLOID
06-18-18 Filed: Return of Electronic Notification
07-10-18 Filed: Motion: Amended Motion for Extension of Time to File
Reply
Filed by: HATFIELD, PHILIP CLOID
07-10-18 Filed: Reply: Defendants Reply to States Memo in Opposition
07-10-18 Filed: Return of Electronic Notification
07-10-18 Filed: Return of Electronic Notification
07-11-18 Filed: Request/Notice to Submit: Request to Submit for
Decision - RE--Motion to Suppress and Exclude Evidence of
Confessions
07-11-18 Filed: Return of Electronic Notification
07-18-18 FINAL PRETRIAL CONFERENCE scheduled on October 24, 2018 at
08:30 AM in Fourth floor, Rm 401 with Judge DAVIS.
07-18-18 JURY TRIAL scheduled on November 13, 2018 at 08:00 AM in Fourth
floor, Rm 401 with Judge DAVIS.
07-18-18 JURY TRIAL scheduled on November 15, 2018 at 08:00 AM in Fourth
floor, Rm 401 with Judge DAVIS.
07-18-18 JURY TRIAL scheduled on November 16, 2018 at 08:00 AM in Fourth
floor, Rm 401 with Judge DAVIS.
07-18-18 JURY TRIAL scheduled on November 19, 2018 at 08:00 AM in Fourth
floor, Rm 401 with Judge DAVIS.
07-18-18 Minute Entry - FURTHER PROCEEDINGS
Judge: LYNN W DAVIS
PRESENT
Clerk: mindyi
Prosecutor: SCOTT, CHRISTINE G
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401 Tape Count: 12:16-12:26

This matter comes before the court for further proceedings. Mr.
Skousen addresses the mouton to suppress and evidentiary hearing.
The court will prepare a decision.
A jury trial is set.
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Page 13 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________

FINAL PRETRIAL CONFERENCE is scheduled.


Date: 10/24/2018
Time: 08:30 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS

JURY TRIAL is scheduled.


Date: 11/13/2018
Time: 08:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS

JURY TRIAL.
Date: 11/15/2018
Time: 08:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS

JURY TRIAL.
Date: 11/16/2018
Time: 08:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS

JURY TRIAL.
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Page 14 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Date: 11/19/2018
Time: 08:00 a.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
08-01-18 Filed order: Ruling And Order On Motion To Suppress And/Or
Exclude Evidence Of Confessions
Judge LYNN W DAVIS
Signed August 01, 2018
10-08-18 Filed: Request for Discovery States Request for Discovery
10-08-18 Filed: Return of Electronic Notification
10-15-18 Filed: States Notice of Expert Witness
10-15-18 Filed: Return of Electronic Notification
10-16-18 Filed: : Defendants Witness Exhibit List
10-16-18 Filed: Defendants Notice of Affirmative Defenses of Voluntary
Intoxication and Diminished Mental Capacity
10-16-18 Filed: Defendants Witness and Exhibit List
10-16-18 Filed: Defendants Notice of Expert Witness
10-17-18 Filed: : Notice of Defendants Affirmative Defenses
10-17-18 Filed: Return of Electronic Notification
10-17-18 Filed: Return of Electronic Notification
10-17-18 Filed: Return of Electronic Notification
10-17-18 Filed: Appearance of Counsel/Notice of Limited Appearance and
Request for Discovery
10-17-18 Filed: Return of Electronic Notification
10-22-18 Filed: Motion (Hearing Requested) STATES MOTION TO DISQUALIFY
DEFENDANTS EXPERT
Filed by: STATE OF UTAH,
10-22-18 Filed: Return of Electronic Notification
10-23-18 Filed: Motion in Limine to Permit Defendant to Wear Business
Attire and to Conceal Visibile Evidence of Incarceration and
Restraints at Trial
Filed by: HATFIELD, PHILIP CLOID
10-23-18 Filed: Return of Electronic Notification
10-23-18 Filed: Motion in Limine to Exclude Evidence of Utah County Jail
Recordings of Defendants Telephone Calls and Memorandum in
Support
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Page 15 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Filed by: HATFIELD, PHILIP CLOID
10-23-18 Filed: Defendants Request for Notice of 404(b) Evidence
10-24-18 Filed: Return of Electronic Notification
10-24-18 Filed: Return of Electronic Notification
10-24-18 EVIDENTIARY HEARING scheduled on October 31, 2018 at 01:00 PM
in Fourth floor, Rm 401 with Judge DAVIS.
10-24-18 ORAL ARGUMENT scheduled on November 09, 2018 at 02:30 PM in
Fourth floor, Rm 401 with Judge DAVIS.
10-24-18 Minute Entry - PRETRIAL CONFERENCE
Judge: LYNN W DAVIS
PRESENT
Clerk: juliea
Prosecutor: SCOTT, CHRISTINE G
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): SKOUSEN, NEIL

Audio
Tape Number: 401 Tape Count: 9:31-9:40

This matter comes before the court for a pretrial conference.

The trial logistics are discussed.

Evidentiary hearing is scheduled.

EVIDENTIARY HEARING is scheduled.


Date: 10/31/2018
Time: 01:00 p.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS

ORAL ARGUMENT is scheduled.


Date: 11/09/2018
Time: 02:30 p.m.
Printed: 11/20/18 18:40:05 Page 16

Page 16 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS
10-24-18 Filed: Request for Audio Recording
10-24-18 Filed: Audio Request
10-24-18 Fee Account created Total Due: 10.00
10-24-18 Filed: Return of Electronic Notification
10-25-18 STATUS CONFERENCE scheduled on October 29, 2018 at 09:00 AM in
Fourth floor, Rm 401 with Judge DAVIS.
10-26-18 Filed: Completed Request for Copy of Audio Record (picked up
10/26/18)
10-26-18 Filed: Completed Request for Copy of Audio Record (picked up
10/26/18)
10-29-18 Minute Entry - STATUS CONFERENCE
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: HOLLAN, CARL R
Defendant not present
Defendant's Attorney(s): NEIL SKOUSEN

Audio
Tape Number: 401-18 Tape Count: 9:07-9:18

This matter comes before the court for a status conference to


discuss the proposed jury questionnaire. Court addresses counsel
on the questionnaire. Counsel responds. Counsel will make changes
to questionnaire are return to clerk.

10-31-18 Filed: States Witness and Exhibit List


10-31-18 Filed: Return of Electronic Notification
10-31-18 Minute Entry - ORAL ARGUMENT
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
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Page 17 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
Prosecutor: CHRISTINE G SCOTT
CARL R HOLLAN
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): NEIL SKOUSEN
GREGORY V STEWART

Audio
Tape Number: 401-18 Tape Count: 1:12-2:47

This matter come before the court for oral arugment on the Motion
to Disqualify Expert Witness. Counsel address the court on the
status the case and other pending motions.
Mr. Stewart calls Dr. Rick Hawks, he is placed under oath and
testifies.
Mr. Hollan crosses.
The court takes a recess to hearing other case.
2:41 Court resumes. Dr. Hawks retakes the stand. Mr. Stewart
redircts.
Court and counsel dicuss the pending motions. Counsel may wish to
supplement the briefing. Court continues this matter until Friday
November 9, 2018 at 2:30.
The Defendant will need to be transported for this matter from the
Utah County Jail.
End: 2:47

10-31-18 Fee Account created Total Due: 10.00


10-31-18 AUDIO TAPE COPY Payment Received: 10.00
10-31-18 Filed: Request for Copy of Audio Record
11-01-18 Filed: Request for Audio Recording
11-01-18 Fee Account created Total Due: 10.00
11-01-18 Filed: Return of Electronic Notification
11-01-18 Filed: Request for Discovery States Specific Request for
Discovery
11-01-18 Filed: Return of Electronic Notification
11-01-18 Filed: Completed Request for Copy of Audio Record (emailed
11/1/18)
11-01-18 Filed: Completed Request for Copy of Audio Record (emailed
Printed: 11/20/18 18:40:05 Page 18

Page 18 of 26
CASE NUMBER 171402662 State Felony
________________________________________________________________________________
11/1/18)
11-01-18 Filed: Request for Audio Recording
11-01-18 Fee Account created Total Due: 10.00
11-01-18 Filed: Return of Electronic Notification
11-01-18 Filed: Motion States Reply to Defendants Motion in Limine to
Exclude Jail Phone Calls
Filed by: STATE OF UTAH,
11-01-18 Filed: Return of Electronic Notification
11-02-18 Filed: Completed Request for Copy of Audio Record (emailed
11/1/18)
11-05-18 Filed: Memorandum STATES SUPPLEMENTAL MEMORANDUM IN SUPPORT OF
MOTION TO DISQUALIFY DR RICK HAWKS AS AN EXPERT WITNESS
11-05-18 Filed: Return of Electronic Notification
11-06-18 Filed: Jury Instructions States Proposed Jury Instructions
11-06-18 Filed: Return of Electronic Notification
11-06-18 Filed return: Return of Service upon AUBREE ANNA ANDERSON for
Party Served: STATE OF UTAH
Service Type: Personal
Service Date: October 09, 2018
11-06-18 Filed return: Return of Service upon JANINE GONZALEZ for
Party Served: STATE OF UTAH
Service Type: Personal
Service Date: October 31, 2018
11-06-18 Filed: Return of Electronic Notification
11-09-18 Minute Entry - ORAL ARGUMENT
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: CARL R HOLLAN
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): CHRISTINE G SCOTT
NEIL SKOUSEN
GREGORY V STEWART

Audio
Tape Number: 401-18 Tape Count: 2:51

This matter comes before the court for oral argument on all pending
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CASE NUMBER 171402662 State Felony
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motions in limine. Court addresses counsel on the pending motions.
Mr. Skousen addresses the court and presents argument on the motion
to exlude phone calls. Ms. Scott responds and presents argument.
Court finds that the calls may be heard by the jury.
Mr. Stewart addresses the court on the reply to the motion to
exclude.
Mr. Hollan addresses the court and present argument on the motion
to exclude. Mr. Stewart responds and discussion ensues.
Court reserves ruling on this matter until Tuesday morning.
The Jury Trial will proceed.

11-12-18 Filed: : Defendants AMENDED Witness and Exhibit List


11-12-18 Filed: Return of Electronic Notification
11-13-18 Filed: Memorandum Defendants Response to States Motion to
Disqualify Dr. Rick Hawks as an Expert Witness
11-13-18 Filed: Return of Electronic Notification
11-13-18 Minute Entry - JURY TRIAL - DAY 1
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: CARL R HOLLAN
CHRISTINE G SCOTT
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): NEIL SKOUSEN
GREGORY V STEWART

Audio
Tape Number: 401-18 Tape Count: 9:09-3:18

This matter comes before the court for a Jury Trial. Court
addresses counsel, counsel state they are ready to proceed.
Court welcomes potential jurors. Potential Jurors are placed under
oath and voir dire commences.
Jurors 52 and 47 are excused.
10:42 Court takes a brief recess. Counsel meet with court in
chambers.
10:53 Court reconvenes. Jurors 29, 30 and 32 are excused.
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CASE NUMBER 171402662 State Felony
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2:31 Court takes a recess.
2:41 Court reconvenes.
Counsel conduct preemptory challenges. Selected juror names are
read on the record. Court excuses remaining juror and thanks them
for their service.
Impaneled Jurors are placed under oath.
3:18 Court adjourns for the day.

11-15-18 Filed: Jury Instructions States Proposed Opening Jury


Instructions
11-15-18 Filed: Return of Electronic Notification
11-15-18 Minute Entry - JURY TRIAL - DAY 2
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: CARL R HOLLAN
CHRISTINE G SCOTT
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): NEIL SKOUSEN
GREGORY V STEWART

Audio
Tape Number: 401-18 Tape Count: 8:18

This matter comes before the court for the 2nd day of a Jury Trial.
Court addresses counsel on the preliminary jury instructions.
Counsel stipulate to the preliminary instructions.
8:20 Court takes recess to make copies of preliminary instructions.
8:47 Court reconvenes.
The jury is present. Court reads the preliminary jury instructions
on the record.
9:04 The State gives opening statement.
9:21 Mr. Skousen gives opening statement.
10:32 The State call Aubree Andersen, she is placed under oath and
testifies.
10:19 Court takes a recess, the jury is excused.
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CASE NUMBER 171402662 State Felony
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10:39 Court resumes, the jury is present.
Aubree Andersen retakes the stand and Ms. Scott continues with
examination.
11:07 Court takes a recess, the jury is excused.
11:26 Court resumes. The jury is present.
Aubree Andersen retakes the stand and Ms. Scott continues with
examination.
11:45 Mr. Stewart cross examines Ms. Andersen.
12:29 Court takes a recess for lunch. The jury is excused.
1:37 Court reconvenes.
Ms. Andersen retakes the stand and Mr. Stewart continues with cross
examination.
1:49 The State redirects. Ms. Scott moves to admit exhibits 1,
22-26, they are marked, identified, offered and received. The
witness is excused.
2:10 The State calls Lt. Jaren Jarvis, is placed under oath and
testifies. The witness is excused.
2:29 The State calls Sgt. Vincent Mendez, he is placed under oath
and testifies. Mr. Hollan moves to admit exhibits 2A, and 3-8, they
are marked, identified, offered and received.
3:28 Court takes a recess, the Jury is excused.
3:34 Court reconvenes, The Jury is present.
Sgt. Mendez retakes the stand. Mr. Hollan continue with
examination. Mr. Hollan moves to admit exhibits 2 and 27, they are
marked, identified, offered and received.
4:07 Mr. Skousen crosses.
4:49 Mr. Hollan redirects.
4:55 Court adjourns for the day, the Jury is excused for the day.

11-16-18 Filed: Audio Request


11-16-18 Filed: Return of Electronic Notification
11-16-18 Minute Entry - JURY TRIAL - DAY 3
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: CARL R HOLLAN
CHRISTINE G SCOTT
Defendant Present
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CASE NUMBER 171402662 State Felony
________________________________________________________________________________
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): NEIL SKOUSEN
GREGORY V STEWART

Audio
Tape Number: 401-18 Tape Count: 8:38-2:07

This matter comes before the court for the third day of a Jury
Trial. Court reconvenes. The court addresses issues with family
in the galley and disruptions. Court gives decorum order as to
seating in the galley. Court take a brief recess.
8:45 Court resumes.
8:48 The State calls Miguel Lee, he is placed under oath and
testifies. State moves to admit exhibits 14-17 and 28, they are
marked, identified, offered and received.
9:05 Mr. Stewart crosses. The witness is excused.
9:06 The State calls Dr. Larissa Hines, she is placed under oath
and testifies. State moves to admit exhibit 19, it is marked,
identified, offered and received.
9:20 Court excuses the Jury. Court addresses issues with
person/persons in the galley.
9:23 The Jury returns.
9:23 Mr. Stewart cross examines Dr. Hines.
9:38 The State redirects. The witness is excused.
9:41 The State calls Office Paul Gause, he is placed under oath
and testifies. State moves to admit exhibits 9-13, they are
marked, identified, offered and received.
10:01 Mr. Stewart crosses. The witness is excused.
10:04 The court takes a recess, the jury is excused.
10:27 Court reconvenes. The jury is present.
10:27 The State calls Pian Liang, she is placed under oath and
testifies.
10:39 Mr. Stewart crosses.
10:49 The State redirects and move to admit exhibit 20, it is
marked, identified, offered and received. The witness is excused.
10:57 The State calls Officer Dayaniara Navarette, she is placed
under oath and testifies. The State move to admit exhibit 18, it
is marked, identified, offered and received.
Court takes a recess for lunch. The jury is excused.
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CASE NUMBER 171402662 State Felony
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12:44 Court reconvenes
The court addresses issues with family members and orders such
family members will be restricted from the court premises.
12:47 The jury returns. Officer Navarette retakes the stand and
continues with testimony. The State move to admit exhibit 18, it
is marked, identified, offered and received.
1:03 Mr. Stewart crosses
1:24 Ms. Scott redirects. The witness is excused. The State
rests.
1:29 The Jury is excused.
1:30 Court takes a recess.
2:00 Court reconvenes. The Jury is present. The court excuses
jury for the weekend.
Counsel address the court on pending motions. The court states it
will hear issues on Monday morning before the trial resumes.
2:07 End.

11-19-18 Charge 1 Disposition is Guilty


11-19-18 Charge 2 Disposition is Guilty
11-19-18 Charge 3 Disposition is Guilty
11-19-18 SENTENCING scheduled on January 02, 2019 at 02:00 PM in Fourth
floor, Rm 401 with Judge DAVIS.
11-19-18 Minute Entry - JURY TRIAL - DAY 4
Judge: LYNN W DAVIS
PRESENT
Clerk: treenah
Prosecutor: CARL R HOLLAN
CHRISTINE G SCOTT
Defendant Present
The defendant is in the custody of the Utah County Jail
Defendant's Attorney(s): NEIL SKOUSEN
GREGORY V STEWART

Audio
Tape Number: 401-18 Tape Count: 9:12-10:01

ARRAIGNMENT
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CASE NUMBER 171402662 State Felony
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Presentence Investigation ordered.


The Judge orders Adult Probation and Parole to prepare the report.
This matter comes before the court for the fourth day of a Jury
Trial. The court addresses interaction of a witness with the court
clerk over the weekend. The State and Defense Counsel don take
issue with the brief accidental contact.
Court addresses counsel on the pending motions before the court.
Mr. Stewart addresses the court on the testimony of Dr. Hawks. The
State responds. The Court finds that the testimony of Dr. Hawks
will be limited and will need to be in a generic way.
Mr. Skousen addresses the court on the testimony of Dr. McMasters.
The State responds. The court finds that the State will be allowed
to voir dire Dr. McMasters outside the present of the jury.
The State call Ian McMasters, he is placed under oath and the State
conducts voir dire of the witness.
Mr. Skousen conducts voir direr. The court finds that Dr. McMasters
can testify but the focus will be very narrow.
9:48 Court takes a recess.
10:08 Court reconvenes. The jury is present.
Mr Skousen calls Ian McMasters his is already under oath. Dr.
McMasters takes the stand and testifies. The witness is excused.
10:13 Mr. Stewart recalls Aubree Andersen, she is still under
oath. Ms. Andersen retakes the stand and testifies.
10:25 Ms. Scott crosses and moves to admit exhibit 29 it is
marked, identified, offered and received. The witness is excused.
10:40 Court takes a recess. The Jury is excused.
11:09 Court resumes. the jury is present. Mr. Skousen addresses
the court and states that the defense rests. The Jury is excused
for lunch. Court and counsel address the final jury instructions.
Court recesses for lunch.
1:06 Court reconvenes court and counsel discuss final jury
instructions.
1:12 Court takes a recess.
1:17 Court reconvenes, the jury is present.
The court reads final jury instructions.
1:59 Mr. Hollan presents closing argument.
2:55 Court excuses the jury. Counsel address emotional out bursts
in courtroom. The court gives direction to counsel.
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CASE NUMBER 171402662 State Felony
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2:59 Court takes a recess.
3:05 Court reconvenes. The jury is present.
3:05 Mr. Stewart gives closing argument. The State responds.
The Bailiff is placed under. The alternate jurors are excused.
The jury retires to deliberate.
4:03 Court is in recess.
9:52 Court reconvenes. Counsel address the court and request
that family that have been removed early in the trial be allowed to
be present for the verdict. The State responds. The court denies
the request.
The Jury returns and indicates they have reached a verdict. The
Clerk of Court reads the verdict on the record. The jury finds the
defendant guilty on all counts. Court thanks the jury for their
service. Defendant is referred to Adult Probation and Parole for a
presentence report. Adult Probation and Parole will need to meet
with the Defendant at the Utah County Jail.
10:01 Court is adjourned.

SENTENCING is scheduled.
Date: 01/02/2019
Time: 02:00 p.m.
Location: Fourth floor, Rm 401
FOURTH DISTRICT COURT
125 NORTH 100 WEST
PROVO, UT 84601
Before Judge: LYNN W DAVIS

CUSTODY

The defendant is remanded to the custody of the Utah County Jail.


11-19-18 Filed: Jury Verdict Form
11-19-18 **** PRIVATE **** Filed: Jury Instructions
11-19-18 Filed: Exhibit List
11-19-18 **** PRIVATE **** Filed: Jury Challenge Document
11-19-18 **** PRIVATE **** Filed: Juror Seating Charts
11-19-18 **** PRIVATE **** Filed: Jury Questionnaires

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