US v. Roger Stockham (Dis. of Vt., 2:03-cr-27): Case History

2:03-cr-00027-wks USA v. StockhamDate filed: 02/20/2003

Date terminated: 08/30/2004

Date of last filing: 08/23/2005

History

Doc.

No.Dates Description

Filed & Entered: 10/09/2002 File Transferred

Docket Text: File sent to Burlington as to defendant Roger Stockham [ 2:02-m -56 ] (law)

Filed & Entered: 10/09/2002 Warrant Issued

Docket Text: ARREST WARRANT ISSUED for Roger Stockham by Magistrate Judge Jerome J.

Niedermeier [ 2:02-m -56 ] (law)

1 Filed & Entered: 10/09/2002 Complaint

Docket Text: COMPLAINT against Roger Stockham by USA John-Claude Charbonneau [ 2:02-m -56 ]

(law)

Filed: 10/10/2002

Entered: 10/11/2002

Search and Seizure Warrant Issued

Docket Text: SEARCH WARRANT ISSUED by Magistrate Judge Jerome J. Niedermeier [ 2:02-m -56

] (jjj)

2 Filed & Entered: 10/10/2002 Order Appointing Public Defender

Docket Text: ORDER OF APPOINTMENT as to Roger Stockham Attorney FPD [ 2:02-m -56 ] (jjj)

Filed & Entered: 10/11/2002 Arrest

Docket Text: ARREST of defendant Roger Stockham on 10/10/02 [ 2:02-m -56 ] (jjj)

Filed & Entered: 10/11/2002 Minutes - Miscellaneous

Docket Text: MINUTES: before Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) initial

appearance of Roger Stockham w/Barbara O'Connor, AFPD present;Paul Van de Graff, AUSA for

Govt. Deft advises the court that he will allow FPD to act as co-counsel for today's proceeding and that

is name is Hen Ahadin. Govt moves for detention and mental competence exam. ORDERED: granting

[3-1] motion for mental competency exam and psychiatric evaluation examination ordered for Roger

Stockham. Deft to be detained pending exam. [ 2:02-m -56 ] (jjj)

3 Filed & Entered: 10/11/2002

Terminated: 10/11/2002

Motion for Psychiatric Exam

Docket Text: MOTION for mental competency exam and psychiatric evaluation by USA as to Roger

Stockham [ 2:02-m -56 ] (pjd)

4 Filed & Entered: 10/11/2002 Application for Search Warrant

Docket Text: APPLICATION/AFFIDAVIT for Search Warrant by USA Paul J. Van de Graaf

(reviewed by 10BA on 10/10/02) [ 2:02-m -56 ] (jjj)

5 Filed & Entered: 10/11/2002 Order

Docket Text: ORDER for Mental Competence Exam and Evaluation by Magistrate Judge Jerome J.

Niedermeier (cc: all counsel) [ 2:02-m -56 ] (jjj)

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6 Filed & Entered: 10/15/2002 Warrant Returned Executed

Docket Text: ARREST WARRANT RETURNED EXECUTED as to defendant Roger Stockham ;

defendant arrested on 10/10/02 [ 2:02-m -56 ] (pjd)

7 Filed & Entered: 10/16/2002 Notice of Appearance - Defendant

Docket Text: NOTICE OF APPEARANCE for Roger Stockham by Attorney Robert J. McDowell and

terminating attorney FPD for Roger Stockham [ 2:02-m -56 ] (law)

8 Filed & Entered: 10/17/2002 Search and Seizure Warrant Returned Executed

Docket Text: SEARCH WARRANT returned 10/10/02 as to 44 Congress Street, Unit 3, St. Albans,

VT, 05478 [ 2:02-m -56 ] (law)


Docket Text: ORDER by Magistrate Judge Jerome J. Niedermeier extending period of psychiatric

examination to 1/14/03 (cc: all counsel) [ 2:02-m -56 ] (pjd)

10 Filed: 02/07/2003

Entered: 02/10/2003

Psychiatric Report

Docket Text: PSYCHIATRIC EVALUATION (SEALED) received for Roger Stockham [ 2:02-m -56 ]

(jjj)

11 Filed & Entered: 02/07/2003 Notice of Hearing

Docket Text: NOTICE OF HEARING ; preliminary exam set for 11:00 2/24/03 for Roger Stockham ;

bail hearing set for 11:00 2/24/03 for Roger Stockham Cy to affected parties, USPO [ 2:02-m -56 ] (jjj)


Docket Text: File sent to Brattleboro as to defendant Roger Stockham (law)

12 Filed & Entered: 02/20/2003 Indictment

Docket Text: INDICTMENT by USA Counts filed against Roger Stockham (1) count(s) 1, 2, 3-4; Cy to

counsel, USPO (law)

Filed & Entered: 02/21/2003 Writ of Habeas Corpus ad Testificandum Issued

Docket Text: WRIT OF HABEAS CORPUS AD PROSEQUENDUM ISSUED as to Roger Stockham

(law)

Filed: 02/24/2003

Entered: 02/25/2003

Minutes - Miscellaneous

Docket Text: MINUTES: before Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) dft Roger

Stockham arraigned; not guilty plea entered; Attorney Robert McDowell present; William Darrow,

AUSA for Govt. Govt moves for detention and deft requests continuation of hrg.ORDERED: detention

hearing set for 11:00 3/3/03 for Roger Stockham (jjj)

13 Filed: 02/24/2003

Entered: 02/25/2003


Motion for Detention

Docket Text: MOTION to detain by USA as to Roger Stockham (jjj)

14 Filed: 02/25/2003

Entered: 02/26/2003

Order Scheduling a Detention Hearing

Docket Text: ORDER OF TEMPORARY DETENTION by Magistrate Judge Jerome J. Niedermeier as

to Roger Stockham (cc: all counsel, USM, USPO) ; detention hearing set for 11:00 3/3/03 for Roger

Stockham (law)

15 Filed: 02/25/2003

Entered: 02/26/2003

Pretrial Scheduling Order

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Docket Text: CRIMINAL PRETRIAL ORDER setting Motion Filing deadline for 3/24/03 & Jury

Draw set for 4/7/03 for Roger Stockham ( Magistrate Judge Jerome J. Niedermeier ) (cc: all counsel)

(law)


Docket Text: MINUTES: before Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) Dft present

with Robert McDowell, AFPD and William Darrow, AUSA present for gov't detention hearing held on

3/3/03 Statements by counsel. ORDERED: granting [13-1] motion to detain pending trial. (law)

16 Filed & Entered: 03/03/2003 Order of Detention

Docket Text: DETENTION ORDER by Magistrate Judge Jerome J. Niedermeier as to Roger Stockham

cc: all counsel, USPO, USM (law)

17 Filed: 03/24/2003

Entered: 03/25/2003


Motion to Extend Time

Docket Text: UNOPPOSED MOTION to Enlarge Time to Submit Pre-trial Motions by Roger

Stockham (law)


Docket Text: ORDER by District Judge J. G. Murtha granting [17-1] motion to Enlarge Time to Submit

Pre-trial Motions ; pretrial motions due 5/9/03 for Roger Stockham , excludable ends of justice , time

excluded from March 24, 2003 to May 9, 2003 (cc: all counsel) (cab)

19 Filed: 04/08/2003

Entered: 04/09/2003


Motion for Reconsideration

Docket Text: MOTION for reconsideration of [16-1] Setting Conditions of Release by Roger Stockham

(cls)

20 Filed: 04/08/2003

Entered: 04/09/2003


Motion for Miscellaneous Relief

Docket Text: MOTION to determine legal counsel by Roger Stockham (cls)


Docket Text: NOTICE, motion(s) hearing set 2:00 4/22/03 in Brattleboro as to: Roger Stockham, re:

(20-1) Determine Legal Counsel, (19-1)Reconsider COR before District Judge J. G. Murtha (wjf)

22 Filed: 04/17/2003

Entered: 04/18/2003

Indictment

Docket Text: SUPERSEDING INDICTMENT by USA; counts filed against Roger Stockham (1)

count(s) 1s-2s, 3s-4s, 5s; Cy to counsel, USPO (law)



Response to Motion

Docket Text: OPPOSITION by USA to [19-1] motion for reconsideration of [16-1] Setting Conditions

of Release (law)


Docket Text: MINUTES: In Court before District Judge J. G. Murtha (Ct Rptr: Anne Coughlin). W.

Darrow, AUSA, for the Govt. R. McDowell, Esq., with deft STOCKHAM for ARRAIGNMENT ON

SUPERSEDING INDICTMENT. Rogert Stockham, sworn by the Clerk, was arraigned and pled not

guilty as to cts. 1, 2, 3 and 4 of the Superseding Indictment. Court entered a plea of not guilty as to ct 5

of the Superseding Indictment. HEARING ON DEFT'S MOTION TO RECONSIDER SETTING

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CONDITIONS OF RELEASE. Statements made by Mr. McDowell, Mr. Stockham and Mr. Darrow.

ORDERED: Motion denied. HEARING ON DEFT'S MOTION TO DETERMINE LEGAL COUNSEL.

Statements made by Mr. Stockham. ORDERED: Motion granted. Court appoints Thomas Zonay, Esq.,

to represent Mr. Stockham and Mr. McDowell will be released as counsel for deft. denying motion for

reconsideration of [16-1] Setting Conditions of Release [19-1] granting [20-1] motion to determine

legal counsel, Terminate attorney Robert J. McDowell for Roger Stockham Attorney added as to Roger

Stockham Thomas A Zonay (cab) Modified on 04/23/2003

Filed: 04/22/2003

Entered: 04/23/2003

CJA 20 - Appointment

Docket Text: CJA Form 20 (Appointment of Counsel) as to Roger Stockham Attorney Thomas Zonay

(law)


Docket Text: NOTICE OF HEARING jury draw set for Brattleboro 6/17/03 for Roger Stockham Cy to

affected parties, USPO (cab)



Motion to Extend Time

Docket Text: UNOPPOSED MOTION to extend motion filing date to 9/17/03 and to continue jury

draw until after 9/17/03 by Roger Stockham (cab) Modified on 05/23/2003



Motion to Withdraw as Attorney

Docket Text: MOTION for Thomas Zonay to Withdraw as Attorney by Roger Stockham (cab)

27 Filed & Entered: 06/09/2003 Indictment

Docket Text: SECOND SUPERSEDING INDICTMENT by USA; counts filed against Roger Stockham

(1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss, 8ss Cy to counsel, USPO (law) Modified on 06/10/2003

Filed & Entered: 06/13/2003 Order

Docket Text: ENDORSED ORDER denying as moot motion to extend motion filing date to 9/17/03

[25-1], denying as moot motion to continue jury draw until after 9/17/03 [25-2] A 2nd superseding

indictment was filed on 6/9/03. A motions-filing ddl and trial date will be established at the time of

arraignment. ( District Judge J. G. Murtha to parties (See referenced doc. for image) (amn)


Docket Text: File sent to Burlington as to defendant Roger Stockham (amn)


Docket Text: ORDER by District Judge J. G. Murtha case reassigned to Chief Judge William K.

Sessions III (cc: all counsel) (amn)


Docket Text: NOTICE OF HEARING arraignment & motion hearing set for 9:30 6/27/03 for Roger

Stockham [26-1] motion for Thomas Zonay to Withdraw as Attorney Cy to affected parties, USPO

(law)


Docket Text: MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: Nichols) arraignment on

superseding indictment and hearing on motion to withdraw held on 6/27/03 as to dft Stockham. Dft

present w/ counsel Thomas Zonay; William Darrow present for govt. Clerk swears dft & Court makes

inquiries. Dft pleads not guilty to cts 1ss-8ss. Statements re: atty withdrawal. ORDERED: granting

[26-1] motion for Thomas Zonay to Withdraw as Attorney, dft to represent himself at this point

however Mr. Zonay will remain as advisory counsel until further status hearing is held. Speedy trial

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clock to start over as a result of added counts and new motion filing ddl; excludable XT , time

excluded from 02/20/03 to 07/28/03 , pretrial motions due 7/28/03 for Roger Stockham , status hearing

set for 4:00 7/28/03 for Roger Stockham. Dft remains detained pending trial. (jam) Modified on

07/29/2003


Docket Text: NOTICE OF HEARING status hearing set for 4:00 7/28/03 for Roger Stockham Cy to

affected parties, USPO (law)

Filed: 07/28/2003

Entered: 07/29/2003


Docket Text: MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: Nichols) status hearing

held on 7/28/03 as to dft Stockham. Dft present pro se and w/ advisory counsel T.Zonay; W. Darrow

present for govt. Dft requests 60 day continuance to allow for a psy evaluation to be completed to

establish competency & sanity and to file motions. No objection by govt. ORDERED: continuance

granted; pretrial motions due 9/30/03 for Roger Stockham , excludable XT , time excluded from

07/28/03 to 09/30/03. (jam)



Motion to Seal

Docket Text: SEALED DOCUMENT (cab) Modified on 08/05/2003

32 Filed & Entered: 08/04/2003 Memorandum in Support

Docket Text: SEALED DOCUMENT (cab) Modified on 08/05/2003

Filed & Entered: 08/06/2003 Order

Docket Text: ENDORSED ORDER granting [31-1] SEALED DOCUMENT ( Chief Judge William K.

Sessions III )Cy to movant only (no image available) (law)

33 Filed & Entered: 09/05/2003 Notice of Appearance

Docket Text: NOTICE OF PRO SE APPEARANCE by dft Roger Stockham (mailed copy to USAO)

(law)

35 Filed: 09/29/2003

Entered: 10/06/2003


Motion for Hearing

Docket Text: MOTION for Hearing for the purpose of upgrading charges from Threats to Terrorism by

Roger Stockham (law) Modified on 10/06/2003


Docket Text: NOTICE OF HEARING ; status hearing set for 11:30 10/6/03 for Roger Stockham Cy to

affected parties, USPO (jam)



held on 10/6/03 as to dft Stockham. Dft present pro se w/ advisory counsel T. Zonay; W. Darrow

present for govt. Statements by counsel. ORDERED: further status conference to be conducted in 60

days to allow time for psyche evaluation to be completed & motions to be filed; speedy trial time

excluded under the ends of justice excludable; excludable XT, time excluded from 10/06/03 to

12/06/03. (jam) Modified on 10/07/2003

37 Filed: 11/18/2003

Entered: 12/19/2003



Docket Text: MOTION for Pretrial Services Report by Roger Stockham (jam) Modified on 12/19/2003

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Filed: 12/18/2003

Entered: 12/19/2003



held on 12/18/03 as to dft Stockham. Dft present pro se w/ advisory counsel T. Zonay; W. Darrow

present for govt. Defense informs Court of withdrawl of motion for pretrial services report.

ORDERED: withdrawing motion Pretrial Services Report [37-1]. Statements re: status of psy

evalution. Court encourages completion of final rpt as soon as possible. Case will be added to a trial

calendar once that report is received. Scheduling discussed. (jam) Modified on 12/19/2003



Motion for Psychiatric Exam

Docket Text: MOTION for Psychiatric or Psychological Evaluation by USA as to Roger Stockham

(law)




40 Filed & Entered: 04/01/2004 Memorandum in Support

Docket Text: MEMORANDUM by Roger Stockham in opposition to govt's [38-1] motion for

Psychiatric or Psychological Evaluation (cls)

Filed: 04/23/2004

Entered: 04/26/2004


Docket Text: MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: Masse) status hearing

held on 4/23/04 as to dft Stockham. Dft present w/ counsel T. Zonay; W. Darrow present for govt.

Question of reliability of Dr. Patnaude's psy evaluation. Statements by counsel & Mr. Stockham.

ORDERED: govt to contact BOP to determine status of Dr. Patnaude's employment with them & their

concerns and send letter to the Court by Mon. 4/23/04; dft to submit copy of Dr. Linder's report to the

Court by Mon. 4/23/04 at which point a further hearing will be scheduled; if dft is determined to be

competent to stand trial, draw will be held on 5/4/04 and trial will be held last week in May. (jam)

41 Filed & Entered: 04/23/2004 Psychiatric Report

Docket Text: PSYCHIATRIC EXAMINATION (SEALED) received for Roger Stockham (law)

42 Filed & Entered: 04/29/2004 Proposed Voir Dire

Docket Text: REQUESTS FOR VOIR DIRE by Roger Stockham as to Roger Stockham (cls)


Docket Text: MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: J. Masse) Conference in

chambers. W. Darrow, AUSA for Govt. T. Zonay, Esq. for Deft Stockham. Court expresses concern

about the deft's mental condition after reviewing the psychological report. Statements by counsel re:

the report and need for further evaluation. ORDERED: Further evaluation is ordered. ; jury draw

continued to 6/04 for Roger Stockham (wjf)


Docket Text: ORDER by Chief Judge William K. Sessions III granting [38-1] motion for Psychiatric or

Psychological Evaluation examination ordered for Roger Stockham excludable Competency Exam,

time excluded from 05/06/04 to date dft is returned to this District (cc: all counsel, USPO) (cls)

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Docket Text: MOTION to Return Deft to District by Roger Stockham (wjf)

45 Filed: 06/16/2004

Entered: 06/17/2004

Order

Docket Text: AMENDED ORDER by Chief Judge William K. Sessions III, amending [43-2] Order

granting [38-1] motion for Psychiatric or Psychological Evaluation (cc: all counsel, USPO) (cls)

46 Filed: 06/24/2004

Entered: 06/25/2004


Response to Motion

Docket Text: OPPOSITION by USA to [44-1] motion to Return Deft to District (law)

Filed: 08/09/2004

Entered: 08/11/2004


Docket Text: MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: Nichols) Status

Conference held in chambers as to dft Stockham. T. Zonay present for dft; W. Darrow present for

govt. Court informs counsel that psych evaluation has been received; dft is competent to stand trial but

has to be constantly reviewed; report not clear as to insanity at time of offense. Mr. Zonay to inform

govt as to whether or not Mr. Stockham will allow them to interview doctors and then counsel to

advise the court if stipulation re: sanity at time of the offense will be submitted. Hearing with doctors

will also be set up to assist the Court in sentencing. Case is added to the 9/7/04 trial calendar. (jam)

Modified on 08/12/2004


Docket Text: NOTICE OF HEARING ; jury draw set for 9/7/04 for Roger Stockham as the No.15

criminal case. Cy to affected parties, USPO (jam)


Docket Text: NOTICE OF HEARING change of plea hearing set for 1:00 8/30/04 for Roger Stockham

Cy to affected parties, USPO (law)

Filed: 08/30/2004

Entered: 09/01/2004


Docket Text: MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: Masse) change of plea

hearing held on 8/30/04 as to dft Stockham. Dft present pro se and w/ advisory counsel T. Zonay; W.

Darrow present for govt. Clerk swears dft & Court makes inquiries. Dft pleads not guilty by reason of

insanity per the plea agreement entered into. Court informs dft of rights and proceedings. Court makes

findings; finding Roger Stockham (1) count(s) 8ss, 7ss, 6ss, 5ss, 4ss, 3ss, 2ss, 1ss not guilty by reason of

insanity. , dismissing counts as to Roger Stockham (1) count(s) 1, 1s -2s , 2 , 3 -4 , 3s -4s , 5s .

Dismissed pursuant to filing of superseding indictments , jury draw of 9/7/04 cancelled on 8/30/04 ,

case terminated. Dft remanded to the custody of the atty general pursuant to 18:4243. Mr. Zonay

appointed to represent dft in full from this point forward. (jam)

49 Filed & Entered: 08/30/2004 Plea Agreement

Docket Text: PLEA AGREEMENT as to Roger Stockham (cls)


Docket Text: ORDER the Court hereby orders the dft committed to a mental facility; the Court orders

a psychiatric exam; a report addressing these issues is to be filed within 30 days; dft is committed to

custody of the Atty Genl for placement; by Chief Judge William K. Sessions III (cc: all counsel, USPO,

USM) (cls) Modified on 09/01/2004

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Docket Text: NOTICE OF HEARING ; status hearing set for 10:30 11/29/04 for Roger Stockham Cy

to affected parties, USPO (jam)



held on 11/29/04 as to dft Stockham. Dft present w/ counsel T. Zonay; W. Darrow present for govt.

Recommedation of report from medical center discussed. Dft has no object to civil committment where

conditional release where be established however requests brief continuance to allow futher

discussions with counsel. ORDERED: continuance granted; ptys to inform court with decision on how

they wish to proceed and proposed order to be submitted or further hearing to be held. (jam)


Docket Text: NOTICE OF HEARING as to Roger Stockham Status Conference set for 4/29/2005

10:30 AM in Burlington Courtroom 542 before William K. Sessions III. (law, )

53 Filed & Entered: 04/18/2005 Trial Memorandum

Docket Text: HEARING MEMORANDUM by Roger Stockham. (law, )

54 Filed: 04/25/2005

Entered: 04/26/2005

Response

Docket Text: RESPONSE by United States of America as to Roger Stockham to [53] Hearing

Memorandum. (law, )

55 Filed & Entered: 04/29/2005 Status Conference

Docket Text: MINUTE ENTRY for proceedings held before Judge William K. Sessions III:Status

Conference as to Roger Stockham held on 4/29/2005. Dft present w/ counsel T. Zonay; W. Darrow

present for govt. Civil commitment discussed. Court makes findings; dft has not met hhis burden in

proving that he would not pose a risk; dft is committed to the custody of the atty general to

immediately begin developing a program for release; the Court specifically recommends that he receive

treatment in a facility other than VA hospitals given this dft's history and that his aftercare include

reliable monitoring to assure continuation of meds; that he refrains from the use of controlled

substances and alcohol and that he participate in residential or non-residential therapy as deemed

necessary. Ptys to submit proposed order to Court accordingly. (Court Reporter Nichols.) (jam, )


Docket Text: DISPOSITION ORDER as to Roger Stockham . Signed by Judge William K. Sessions III

on 05/02/2005. (law, ) Cy to counsel, USPO, USM.

57 Filed: 05/26/2005

Entered: 05/27/2005

Summons Returned Executed

Docket Text: RETURN OF SERVICE EXECUTED on 05/19/2005 as to Roger Stockham re:

Disposition Order. (law, )

Filed & Entered: 08/23/2005 Docket Annotation

Docket Text: COPY of Doc. No. 58-1 sent to counsel. (law )


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Documents

US v. Roger Stockham (Dis. of Vt., 2:03-cr-27): Case History