U.S.

District Court District of Oregon (Eugene) CRIMINAL DOCKET FOR CASE #: 6:06cr60011AA10
Case title: USA v. Dibee et al Date Filed: 01/19/2006 Date Terminated: 07/02/2007

Assigned to: Chief Judge Ann L. Aiken Referred to: Magistrate Judge Thomas M. Coffin Defendant (10) Darren Todd Thurston TERMINATED: 07/02/2007 represented by Daniel L. Feiner 1221 SW 10th Avenue #1103 Portland , OR 07205 (503) 2282822 Fax: (503) 2962217 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Disposition

Pending Counts None Highest Offense Level (Opening) None Terminated Counts 18:844(n) CONSPIRACY TO COMMIT ARSON (1) 18:844(n) CONSPIRACY TO COMMIT ARSON (1s) 18:844(n) CONSIPRACY TO COMMIT ARSON (1ss) 18:371 CONSPIRACY TO COMMIT ARSON AND DESTRUCTION OF AN ENERGY FACILITY (2) 18:371 CONSPIRACY TO COMMIT ARSON AND DESTRUCTION OF AN ENERY FACILITY (2s) 18:371 CONSPIRACY TO COMMIT ARSON AND DESTRUCTION OF AN ENERGY FACILITY (2ss) Highest Offense Level (Terminated) Felony

Disposition Dismissed on the motion of the United States. Judge Aiken s/ 7/2/07 Dismissed on the motion of the United States. Judge Aiken s/ 7/2/07 Dismissed on the motion of the United States. Judge Aiken s/ 7/2/07 Dismissed on the motion of the United States. Judge Aiken s/ 7/2/07

Dismissed on the motion of the United States. Judge Aiken s/ 7/2/07

Dismissed on the motion of the United States. Judge Aiken s/ 7/2/07

Complaints None

Disposition

Plaintiff USA represented by John C. Ray United States Attorney's Office 405 E. Eighth Avenue Suite 2400 Eugene , OR 97401 (541)4656741 Fax: (541)4656840 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kirk A. Engdall United States Attorney's Office 405 E. Eighth Avenue Suite 2400 Eugene , OR 97401 (541) 4656946 Fax: (541) 4656582 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen F. Peifer United States Attorney's Office 1000 SW Third Avenue Suite 600 Portland , OR 97204 (503) 7271012 Fax: (503) 7271117 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 01/19/2006 # Docket Text

3 Indictment as to Joseph Dibee (1) count(s) 1, 2, 6, Chelsea Dawn Gerlach (2) count(s) 1, 2, 1011, 12, 13, 52, 53, 5465, Sarah Kendall Harvey (3) count(s) 1, 2, 89, Daniel Gerard McGowan (4) count(s) 1, 2, 14, 15, 52, 53, 5465, Stanislas Gregory Meyerhoff (5) count(s) 1, 2, 1011, 12, 13, 14, 15, 1650, 51, 52, 53, 5465, Josephine Sunshine Overaker (6) count(s) 1, 2, 3, 45, 1011, 12, Jonathan Mark Christopher Paul (7) count(s) 1, 2, 6, Rebecca Rubin (8) count(s) 1, 2, 7, 8, Suzanne Nicole Savoie (9) count(s) 1, 2, 14, Darren Todd Thurston (10) count(s) 1, 2, Kevin Tubbs (11) count(s) 1, 2, 5, 6, 8, 10, 13, 14, 1650, 51, 52, 53, 5465 (sln, ) Modified on 1/20/2006 (sln, ). (Entered: 01/20/2006) 4 Government's Motion and Order to seal indictment until 6am on 1/20/06. by Judge Thomas M. Coffin signed on 1/19/06. (sln, ) Modified on 1/27/2006 (sln, ). (Entered: 01/20/2006) 5 Notice of Case Assignment to Judge Ann Aiken. (sln, ) Modified on 1/20/2006 (sln, ). (Entered: 01/20/2006) 12 Scheduling Order as to Darren Todd Thurston: Arraignment is set for 1/30/2006 at 01:30PM in Portland before Magistrate Judge Dennis J. Hubel. by Judge Thomas M. Coffin (cw, ) (Entered: 01/23/2006) 30 Minutes of Proceedings:Arraignment Hearing for defendants Paul and Gerlach and status hearing as to all defendants held on 1/26/2006 before Judge Thomas M. Coffin:

01/19/2006

01/19/2006 01/23/2006

01/26/2006

regarding Jonathan ChristopherMark Paul (7) Count 1,2,6 and Chelsea Dawn Gerlach (2) Count 1,2,1011,12,13,52,53,5465. Defendants advised of rights and charges and waive formal reading of the indictment. Defendant Paul advises the court his true name is JONATHAN CHRISTOPHERMARK PAUL. Not guilty pleas entered; Order that Motions are due in 21 days and Discovery is due in 10 days. Detention Hearing before Judge Thomas M. Coffin as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie: Each defendant is released upon conditions set forth in the executed Order Setting Methods and Conditions of Release. (Motion [#13] for released filed by defendant Paul is granted) Jury Trial as to all defendants is set for 10/31/2006 at 09:00AM in Eugene before Judge Ann L. Aiken (Estimated 5 week trial). Status Conference is set for 10/2/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Defendants' appearances are required for the status hearing. Ordered 240 days are excluded under the Speedy Trial Act, commencing on 3/30/06, based upon the court's finding of this matter to be complex. Counsel Present for Plaintiff: Kirk Engdall.Counsel Present for Defendant: Craig Weinerman, Lee Foreman (Tel), Shaun McCrea, Jeff Robinson (Tel), Amanda Lee (Tel), Richard Fredericks, Lauren Regan, Marc Blackman, John Kolego, Daniel Feiner (Tel), Marc Friedman.(Court Reporter Deborah Wilhelm) (cw, ) (Entered: 01/26/2006) 01/30/2006 35 Minutes of Proceedings:First Appearance before Judge Dennis J. Hubel as to Darren Todd Thurston. Arraignment held. Defendant(s) advised of rights and waived reading of charges. Not guilty plea(s) entered. Order that Motions are due in 21 days and Discovery is due in 10 days. Order appointing CJA counsel. Detention Hearing held. Order DETAINED, flight/danger. 5 week Jury Trial is set for 10/31/2006 at 09:00AM before Judge Ann L. Aiken. Status hearing is set for 10/2/2006 at 01:30PM before Judge Coffin.Counsel Present for Plaintiff: Stephen Peifer.Counsel Present for Defendant: Daniel Feiner.(Tape #KB/FTR) (jlr, ) (Entered: 01/30/2006) 36 Order of Detention as to Darren Todd Thurston by Judge Dennis J. Hubel signed on 1/30/06. (jlr, ) (Entered: 01/30/2006) 47 Motion for Reciprocal Discovery filed by USA as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs. (sln, ) (Entered: 01/30/2006) 49 Scheduling Order as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs (related document(s)): Motion for Reciprocal Discovery 47 , filed by the Government. Oral Argument is set for 4/3/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Defendants' appearances are waived for the motion hearing. by Judge Thomas M. Coffin (cw, ) (Entered: 01/31/2006) 53 Scheduling Order as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs: The discovery and motions filing dates are sticken, based upon the letter request for attorney Blackman. Ordered discovery shall proceed and further motions deadlines and discovery issues shall be address at the time set for oral argument on the Government's motion for recipricol discovery, scheduled for April 3, 2006, at 1:30 p.m., before Judge Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 02/03/2006) 68 CJA 20 Appointment of Attorney Daniel L. Feiner for Darren Todd Thurston by Judge Thomas M. Coffin (sln, ) (Entered: 02/07/2006) 83 Superseding Indictment as to Joseph Dibee (1) count(s) 1s, 2s, 6s, Chelsea Dawn Gerlach (2) count(s) 1s, 2s, 10s11s, 12s, 13s, 52s, 53s, 54s65s, Kendall Tankersley (3) count(s) 1s, 2s, 8s, 9s, Daniel Gerard McGowan (4) count(s) 1s, 2s, 14s, 15s, 52s, 53s, 54s65s, Stanislas Gregory Meyerhoff (5) count(s) 1s, 2s, 10s11s, 12s, 13s14s, 15s, 16s50s, 51s, 52s, 53s, 54s65s, Josephine Sunshine Overaker (6) count(s) 1s, 2s, 3s, 4s5s, 7s, 10s11s, 12s, Jonathan ChristopherMark Paul (7) count(s) 1s, 2s, 6s, Rebecca Rubin (8) count(s) 1s, 2s, 7s, 8s, Suzanne Nicole Savoie (9) count(s) 1s, 2s, 14s, Darren Todd Thurston (10) count(s) 1s, 2s, Kevin Tubbs (11) count(s) 1s, 2s, 5s, 6s, 7s, 8s, 10s, 13s14s, 16s50s, 51s, 52s, 53s, 54s65s, adding Nathan Fraser Block (12) count(s) 1, 2, 1650, 51, 52, 53, 5465, Joyanna L. Zacher

01/30/2006 01/30/2006

01/31/2006

02/03/2006

02/07/2006 03/15/2006

(13) count(s) 1, 2, 1650, 51, 52, 53, 5465 (sln, ) (Entered: 03/16/2006) 03/24/2006 90 Joint Request for Discovery filed by Jonathan ChristopherMark Paul as to Jonathan ChristopherMark Paul, Daniel Gerard McGowan, Darren Todd Thurston (Blackman, Marc) Modified on 8/3/2006 to Change Request to Motion Type (cp, ). (Entered: 03/24/2006) 92 Scheduling Order as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher (related document: Motion for Reciprocal Discovery 47 filed by USA) Oral Argument is reset from 4/3/06, to 5/24/2006, at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. All defendants' appearances are waived for the motion hearing. by Judge Thomas M. Coffin (cw, ) (Entered: 03/29/2006) 113 Scheduling Order: Oral argument on motion [#47] for reciprocal discovery set 5/24/06, before Judge Coffin is vacated. Ordered Status Conference is set for 5/30/2006, at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered defendants' appearances are waived, with the exception of Block and Zacher, who have additional motions set for oral argument. Counsel located out of town may appear by telephone. If requesting to do so, please inform the clerk by letter of your intention and contact phone number. by Judge Thomas M. Coffin (cw, ) (Entered: 05/15/2006) 115 Second Superseding Indictment as to Joseph Dibee (1) count(s) 1ss, 2ss, 6ss, Chelsea Dawn Gerlach (2) count(s) 1ss, 2ss, 10ss, 11ss, 12ss, 13ss, 52ss, 53ss, 54ss, 55ss, 56ss65ss, Kendall Tankersley (3) count(s) 1ss, 2ss, 8ss, 9ss, Daniel Gerard McGowan (4) count(s) 1ss, 2ss, 14ss, 15ss, 52ss, 53ss, 54ss, 55ss, 56ss65ss, Stanislas Gregory Meyerhoff (5) count(s) 1ss, 2ss, 10ss, 11ss, 12ss, 13ss, 14ss, 15ss, 16ss50ss, 51ss, 52ss, 53ss, 54ss, 55ss, 56ss65ss, Josephine Sunshine Overaker (6) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 7ss, 10ss, 11ss, 12ss, Jonathan Christopher Mark Paul (7) count(s) 1ss, 2ss, 6ss, Rebecca Rubin (8) count(s) 1ss, 2ss, 7ss, 8ss, Suzanne Nicole Savoie (9) count(s) 1ss, 2ss, 14ss, 52ss, 53ss, 54ss, 55ss, 56ss65ss, Darren Todd Thurston (10) count(s) 1ss, 2ss, Kevin Tubbs (11) count(s) 1ss, 2ss, 5ss, 6ss, 7ss, 8ss, 10ss, 13ss, 14ss, 16ss50ss, 51ss, 52ss, 53ss, 54ss, 55ss, 56ss65ss, Nathan Fraser Block (12) count(s) 1s, 2s, 16s50s, 51s, 52s, 53s, 54s, 55s, 56s65s, Joyanna L. Zacher (13) count(s) 1s, 2s, 16s50s, 51s, 52s, 53s, 54s, 55s, 56s65s (sln, ) (Entered: 05/19/2006) 123 Minutes of Proceedings:Status Conference before Judge Thomas M. Coffin as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher. Discovery report given by US Attorney. Ordered further Status Conference is set for 6/28/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Defendants' appearances are waived for the status hearing. Oral argument held on defendant Block and Zacher's motion [#106] for release. Ordered motion [#106] taken under advisement. Further oral argument set 6/1/06, at 1:30 p.m., before Judge Coffin. Counsel Present for Plaintiff: Kirk Engdall, John Ray.Counsel Present for Defendant: Lee Foreman, Peter Gorn, Amanda Lee, Richard Fredericks, Marc Blackman, Lauren Regan, Daniel Feiner, Marc Friedman, John Storkel, William Sharp.(Court Reporter Eleanor Knapp) (cw, ) Modified on 6/28/2006 (sln, ). (Entered: 05/31/2006) 136 Minutes of Proceedings:Status Conference before Judge Thomas M. Coffin as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher and Arraignment on Second Superseding Indictment as to defendants Paul, McGowan, Block, and Zacher. Not guilty plea entered on behalf of each defendant. Ordered Oral Argument on motion for discovery is set for 8/7/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Status Conference as to all defendants is set for 8/7/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Defendants Block and Zacher's appearances are required for the status hearing. Remaining defendants' presence is waived. Ordered as to each defendant who has previously been placed on release, the conditions of release are modified to the extent that codefendants may meet and confer in the presence of their attorneys. Counsel

03/29/2006

05/15/2006

05/18/2006

05/30/2006

06/28/2006

Present for Plaintiff: Kirk Engdall, John Ray.Counsel Present for Defendant: Craig Weinerman, Lee Foreman, Amanda Lee, Jeff Robinson, Richard Fredericks, Marc Blackman, John Kolego, Dan Feiner, Marc Friedman, John Storkel, William Sharp.(Court Reporter Deborah Wilhelm) (cw, ) (Entered: 06/28/2006) 06/28/2006 137 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: Correcting the date on the Court's Minutes of Proceeding 123 from May 31, 2006 to reflect the correct hearing date of May 30, 2006. by Judge Thomas M. Coffin (sln, ) (Entered: 06/28/2006) 138 Order as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher: The court's minute order, dated 6/28/06, is amended to delete the following language: "Ordered as to each defendant who has previously been placed on release, the conditions of release are modified to the extent that codefendants may meet and confer in the presence of their attorneys." The minute order is further amended as follows: Ordered as to each defendant, that codefendants may meet and confer in the presence of their attorneys. by Judge Thomas M. Coffin (cw, ) (Entered: 06/29/2006) 141 Scheduling Order as to Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs : Ordered status conferences set 8/7/06 and 10/2/06 before Judge Coffin and jury trial set 10/31/06 before Judge Aiken are vacated as to these defendants only. by Judge Ann L. Aiken (lae, ) (Entered: 07/24/2006) 142 Motion for Protective Order restricting copying and release of defendants' statements filed by USA as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Joseph Dibee, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Josephine Sunshine Overaker, Rebecca Rubin, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher. (sln, ) (Entered: 07/26/2006) 143 PROTECTIVE ORDER Granting 142 Motion for Protective Order as to Joseph Dibee (1), Chelsea Dawn Gerlach (2), Kendall Tankersley (3), Daniel Gerard McGowan (4), Stanislas Gregory Meyerhoff (5), Josephine Sunshine Overaker (6), Jonathan ChristopherMark Paul (7), Rebecca Rubin (8), Suzanne Nicole Savoie (9), Darren Todd Thurston (10), Kevin Tubbs (11), Nathan Fraser Block (12), Joyanna L. Zacher (13); Granting 47 Motion for Discovery as to Chelsea Dawn Gerlach (2), Kendall Tankersley (3), Daniel Gerard McGowan (4), Stanislas Gregory Meyerhoff (5), Jonathan ChristopherMark Paul (7), Suzanne Nicole Savoie (9), Darren Todd Thurston (10), Kevin Tubbs (11) by Judge Thomas M. Coffin signed on 7/26/06. (sln, ) (Entered: 07/26/2006) 144 Response filed by USA to defendants' joint discovery motion (sln, ) (Entered: 08/02/2006) 154 Protective Order limiting review of discovery documents to counsel and defendants in the presence of counsel. by Judge Ann L. Aiken signed on 9/8/06. (sln) (Entered: 09/08/2006) 176 Transcript of Proceedings as to Jonathan ChristopherMark Paul, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher for the hearing held on 8/22/06 (pgs 152) before Judge Ann Aiken. Court Reporter: Kristi Anderson. (sln) (Entered: 12/11/2006) 183 Motion to Dismiss filed by USA as to Jonathan ChristopherMark Paul, Suzanne Nicole Savoie, Chelsea Dawn Gerlach, Kendall Tankersley, Daniel Gerard McGowan, Stanislas Gregory Meyerhoff, Darren Todd Thurston, Kevin Tubbs, Nathan Fraser Block, Joyanna L. Zacher. (Engdall, Kirk) (Entered: 06/29/2007) 184 ORDER Granting 183 Motion to Dismiss as to Chelsea Dawn Gerlach (2), Kendall Tankersley (3), Daniel Gerard McGowan (4), Stanislas Gregory Meyerhoff (5),

06/29/2006

07/24/2006

07/26/2006

07/26/2006

08/01/2006 09/08/2006

12/08/2006

06/29/2007

07/02/2007

Jonathan ChristopherMark Paul (7), Suzanne Nicole Savoie (9), Darren Todd Thurston (10), Kevin Tubbs (11), Nathan Fraser Block (12), Joyanna L. Zacher (13) by Judge Ann L. Aiken signed on 7/2/07. (sln) (Entered: 07/03/2007)