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DEFENDANT’S RULE 33 MOTION FOR NEW TRIAL OR IN THE ALTERNATIVE MOTION TO DISMISS
Defendant, David Roland Hinkson, by and through his attorney, Wesley W. Hoyt, hereby moves for a new trial on Counts Seven, Eight and Nine of the Superseding Indictment, pursuant to Fed. R. Crim. P. Rule 33 on the basis of newly discovered evidence or in the alternative, for a complete dismissal of this case as a result of prosecutorial misconduct, outrageous government conduct and/or vindictive prosecution, all as set forth in defendant’s Memorandum in Support of Defendant’s Motion for New Trial or in the Alternative Motion to Dismiss and the exhibits attached thereto, as well as the exhibits attached hereto, as follows: View PDF Document

MEMORANDUM IN SUPPORT OF DEFENDANT’S RULE 33 MOTION FOR NEW TRIAL OR IN THE ALTERNATIVE, TO DISMISS

Defendant, David Roland Hinkson, by and through his attorney, Wesley W. Hoyt, hereby submits his Memorandum in Support of Motion Defendant’s Rule 33 Motion for New Trial or in the Alternative, Motion to Dismiss, on Counts Seven, Eight and Nine of the Superseding Indictment, pursuant to Fed. R. Crim. P. Rule 33, or in the alternative, for a complete dismissal of this case, on the grounds and for the reasons: View PDF Document

EXHIBIT A
STATEMENT OF FACTS TO ARGUMENT #3 MOTION TO DISMISS ENTIRE CASE BASED ON PROSECUTORIAL MISCONDUCT, OUTRAGEOUS GOVERNMENTAL CONDUCT AND VINDICTIVE PROSECUTION)
THIS EXHIBIT A is submitted by defendant as an attachment to Argument #3 of his Memorandum in Support of Defendant’s Rule 33 Motion for a New Trial or in the Alternative Motion to Dismiss and shows the cumulative effect of the injustice created by ongoing prosecutorial misconduct, outrageous government conduct and vindictive prosecution in this case (herein generally referred to as “Governmental Misconduct”). This is a summary of the events of: View PDF Document

Affidavit of Chief Warrant Officer W. E. Miller
I, United States Marine Corps Chief Warrant Officer W. E. Miller, upon oath, depose and state as follows: View PDF Document

Affidavit of Ben S. Casey
I, Ben S. Casey, of Caldwell, Idaho, a juror in the trial of the above case which took place January 10-27, 2005, upon oath, depose and state as follows: View PDF Document

Affidavit of W. J. Woodring, Jr.
I, USMCR Colonel W. J. Woodring, Jr. of Fallbrook, California upon oath, depose and state as follows: View PDF Document

Affidavit of Wesley W. Hoyt As to Newly Discovered Evidence
I, Wesley W. Hoyt, of Kooskia, Idaho, one of the attorneys for defendant in the trial of the above case which took place January 10-27, 2005, upon oath, depose and state as follows: View PDF Document

Affidavit of Chief Warrant Officer W. E. Miller and evidence of fraudulent statements of Elven Joe Swisher: View Document

Declaration for Release:
DECLARANT, Wesley W. Hoyt, attorney for defendant, submits the following Declaration in Support of Motion for Temporary Release of Defendant into Appropriate Pretrial Housing (and Request for Evidentiary Hearing) as follows: 1. Defendant seeks temporary release from jail: View PDF Document

MOTION TO DISMISS SUPERSEDING INDICTMENT FOR PROSECUTORIAL MISCONDUCT:
COMES NOW defendant, by and through his attorney, Wesley W. Hoyt, and moves to dismiss the Superseding Indictment pursuant to Fed. R. Crim. P, Rule. 12(b)(3)(B) on the grounds of prosecutorial misconduct, outrageous government conduct and vindictive prosecution. Defendant seeks discovery of facts to support these issues in addition to those listed herein and set forth in the attached exhibits and an evidentiary hearing wherein the evidence can be presented as a predicate to this Motion to Dismiss. This motion is also supported by the: View PDFDocument

ALLMAN OR IN THE ALTERNATIVE TO EXCLUDE EVIDENCE:
Defendant David R. Hinkson hereby moves Judge Tallman to recuse himself from the above case pursuant to 28 USC §455 or in the alternative, to exclude evidence under Fed. R. E., 403 of the false statements of the government informant who is a criminal who was seeking to take advantage of defendant’s situation in order to obtain a lighter sentence for himself as the probative value of such statements is outweighed by the danger of unfair prejudice, confusion of issues or misleading the jury and as grounds therefore, show as: View PDF Document

DEFENDANT'S OPPOSITION TO GOVERNMENT'S MOTION TO FILE A SUPPLEMENTAL SUBMISSION RE: DEFENDANT'S MOTION TO SUPPRESS ALLEGED CONFESSION
COMES NOW defendant, David R. Hinkson, and objects to the Government's Motion for Leave to File a Supplemental Submission Regarding Defendant's Motion to Suppress Defendant's Alleged Confession, served on Defendant's counsel on December 14, 2004 which encompasses a partial transcript of a conversation between defendant and government informant J.C. Harding, captured on a body-wire dated: View PDF Document

AFFIDAVIT OF ROLAND C. HINKSON IN SUPPORT OF MOTION FOR TEMPORARY RELEASE OF DEFENDANT INTO APPROPRIATE PRETRIAL HOUSING
1. At 7:30 PM on April 7th , 2003, I was notified by a call from my son, David Roland Hinkson that he had been arrested by FBI Agent William Long in Kooskia, Idaho on April 4, 2003, and jailed in Coeur d’Alene, Idaho.

2. David was not provided a blanket even though: View PDF Document