USA v. Drageset et al
| Hawaii District Court | |
| Case #: | 1:23-cr-00051 |
| Case Filed: | Jul 06, 2023 |
| Last checked: Friday Jul 07, 2023 9:28 PM HST |
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Defendant
Keina Drageset (1)
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Represented By
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Defendant
Avery Garrard (2)
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Represented By
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Defendant
Joseph Hamil (4)
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Represented By
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Defendant
Jeffrey Waz (3)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 12/20/2024 8:02 AM HST |
| Friday, June 23, 2023 | ||
| Arrest of (02) Keina Drageset on 6/23/2023. (eta) [1:23-mj-01013-WRP] | ||
| Arrest of (01) Avery Garrard on 6/23/2023. (eta) [1:23-mj-01013-WRP] | ||
| Arrest of (01) Avery Garrard on 6/23/2023. (eta) [1:23-mj-01013-WRP] | ||
| Monday, June 26, 2023 | ||
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CRIMINAL COMPLAINT; AFFIDAVIT in Support of Criminal Complaint as to Avery Garrard (1), Keina Drageset (2) - Signed by MAGISTRATE JUDGE ROM TRADER on 6/26/2023. (eta) [1:23-mj-01013-WRP]
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| 2 | 2 EO: as to Defendant (1) Avery Garrard and Defendant (2) Keina Drageset - Initial Appearance is set for 6/27/2023 at 10:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Parties have been notified. Neal Kugiya is provisionally appointed as counsel for Defendant (1) Avery Garrard, pending submission of Defendant Avery Garrard's Financial Affidavit at a later date. Jacquelyn Esser and the Office of the Federal Public Defender are provisionally appointed as counsel for Defendant (2) Keina Drageset pending submission of Defendant Keina Drageset's Financial Affidavit at a later date. (MAGISTRATE JUDGE ROM TRADER) (laa) [1:23-mj-01013-WRP] | |
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MOTION to Detain Defendant Without Bail /Certificate of Service by USA as to Avery Garrard. (Silverberg, Marshall) Docket text modified on 6/27/2023 (eta). [1:23-mj-01013-WRP]
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MOTION to Detain Defendant Without Bail /Certificate of Service by USA as to Keina Drageset. (Silverberg, Marshall) Docket text modified on 6/27/2023 (eta). [1:23-mj-01013-WRP]
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| Tuesday, June 27, 2023 | ||
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ORDER APPROVING REQUEST FOR MEDIA BLOGGING (KITV4) as to (01) Avery Garrard, (02) Keina Drageset - Signed by MAGISTRATE JUDGE ROM TRADER on 6/27/2023. Media Outlet: KITV4; Representative: Aalii Dukelow
Hearing: Initial Appearance, 6/27/2023 at 10:30 a.m. (eta) [1:23-mj-01013-WRP]
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EP: Initial Appearance as to Avery Garrard held on 6/27/2023. Defendant present and in custody. Defendant sworn to Financial Affidavit. Court appoints Neal Kugiya as counsel for Defendant. Mr. Kugiya represents having reviewed the charges with the Defendant. Defendant waives public reading and acknowledges general understanding of the charges. Detention Hearing is set for 06/30/2023 at 10:30 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER., Preliminary Hearing is set for 07/11/2023 at 10:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Court orders the United States to comply with its disclosure obligations under Brady v. Maryland and its progeny. Failing to timely do so may result in consequences such as sanctions, adverse jury instructions, exclusion of evidence, and dismissal of charges. This order incorporates the provisions of the Court's February 1, 2021 General Order Regarding Rule 5(F). Defendant is remanded to the custody of the U.S. Marshals Service. (FTR-CT 5 / 10:37 am - 10:41am) (MAGISTRATE JUDGE ROM TRADER)(bbb) [1:23-mj-01013-WRP]
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| 9 | 9
CJA 23 FINANCIAL AFFIDAVIT by Avery Garrard. (bbb) [1:23-mj-01013-WRP]
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EP: Initial Appearance as to Keina Drageset held on 6/27/2023. Defendant present and in custody. Defendant sworn to Financial Affidavit. Court appoints Jacquelyn Esser and the Office of the Federal Defender as counsel for Defendant. Ms. Esser represents having reviewed the charges with the Defendant. Defendant waives public reading and acknowledges general understanding of the charges. Detention Hearing is set for 06/30/2023 at 10:30 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER., Preliminary Hearing is set for 07/11/2023 at 10:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Court orders the United States to comply with its disclosure obligations under Brady v. Maryland and its progeny. Failing to timely do so may result in consequences such as sanctions, adverse jury instructions, exclusion of evidence, and dismissal of charges. This order incorporates the provisions of the Court's February 1, 2021 General Order Regarding Rule 5(F). Defendant is remanded to the custody of the U.S. Marshals Service. (FTR-CT 5 / 10:37 AM-10:41 AM) (MAGISTRATE JUDGE ROM TRADER)(bbb) [1:23-mj-01013-WRP]
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CJA 23 FINANCIAL AFFIDAVIT by Keina Drageset (bbb) [1:23-mj-01013-WRP]
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| Wednesday, June 28, 2023 | ||
| 12 | 12
CJA 20 as to (01) Avery Garrard : Neal J. Kugiya, Esq. appointed for (01) Avery Garrard. Signed by MAGISTRATE JUDGE ROM TRADER on 6/27/2023. Nunc Pro Tunc: 6/26/2023 . (eta) [1:23-mj-01013-WRP]
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NOTICE OF ATTORNEY APPEARANCE: appearing for Keina Drageset Notice of Change of Counsel (Mizono, Maximilian) [1:23-mj-01013-WRP]
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| 14 | 14
5
pgs
MEMORANDUM in Support by USA as to Avery Garrard, Keina Drageset re3 MOTION to Detain Defendant Without Bail /Certificate of Service , 4 MOTION to Detain Defendant Without Bail /Certificate of Service /Certificate of Service(Silverberg, Marshall) [1:23-mj-01013-WRP]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Friday, June 30, 2023 | ||
| 15 | 15
EP : Detention Hearing as to (01) Avery Garrard held on 6/30/2023. Defendant present and in custody.
Detention Hearing:
Court takes judicial notice of its records and files and has carefully considered the Criminal Complaint ECF1 , the Government's ECF3 Motion to Detain Defendant Without Bail ("Motion"), ECF14 The Government's Memorandum in Support of its Motion to Detain both Defendants , the Pretrial Services Report dated 6/29/2023, applicable rules and legal authority, and the representations and arguments of counsel.
Argument had. Court has carefully considered the merits of the Government's Motion within the context of the records and files, the recommendation of Pretrial Services, and relevant legal authority, and finds that the Defendant has failed to rebut the presumption for detention. Furthermore, the Court finds there is no condition or combination of conditions that will reasonably assure Defendant' presence in court as required and mitigate the risk of danger to the community, if released. Accordingly, Defendant to be detained pending trial.
Government's Motion to Detain Defendant Without Bail ECF3 as to Defendant (1) Avery Garrard is GRANTED.
Government to prepare and submit order to the Court's orders box at Trader_Orders@hid.uscourts.gov within seven (7) days of this hearing.
Defendant is remanded to the custody of the U.S. Marshals Service.
Detention Hearing as to Avery Garrard held on 6/30/2023;
granting 3 Motion to Detain as to Avery Garrard (1); Motions terminated as to Avery Garrard : 3 MOTION to Detain Defendant Without Bail filed by USA.
(FTR-CT 5 / 10:34-10:41 AM) (MAGISTRATE JUDGE ROM TRADER)
(eta) [1:23-mj-01013-WRP]
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EP : Detention Hearing as to (02) Keina Drageset held on 6/30/2023. Defendant present and in custody. Mr. Fitzsimmons represents he has been retained as counsel for Defendant and Withdrawal and Substitution executed and to be filed. Defendant confirms.
Detention Hearing:
Court takes judicial notice of its records and files and has carefully considered the Criminal Complaint ECF1 , the Government's ECF4 Motion to Detain Defendant Without Bail ("Motion"), ECF14 The Government's Memorandum in Support of its Motion to Detain both Defendants , the Pretrial Services Report dated 6/29/2023, applicable rules and legal authority, and the representations and arguments of counsel.
Argument had. Court has carefully considered the merits of the Government's Motion within the context of the records and files, the recommendation of Pretrial Services, and relevant legal authority, and finds Defendant has failed to rebut the presumption for detention. Furthermore, the Court finds that there is no condition or combination of conditions that will reasonably assure Defendant's presence in court as required and mitigate the risk of danger to the community, if released. Accordingly, Defendant to be detained pending trial.
Government's Motion to Detain Defendant Without Bail ECF4 as to Defendant (2) Keina Drageset is GRANTED.
Government to prepare and submit order to the Court's orders box at Trader_Orders@hid.uscourts.gov within seven (7) days of this hearing.
Defendant is remanded to the custody of the U.S. Marshals Service.
Detention Hearing as to Keina Drageset held on 6/30/2023;
granting 4 Motion to Detain as to Keina Drageset (2);
Motions terminated as to Keina Drageset: 4 MOTION to Detain Defendant Without Bailfiled by USA.;
Added attorney Sean Patrick Fitzsimmons for Keina Drageset.
(FTR-CT 5 / 10:42-10:59 AM) (MAGISTRATE JUDGE ROM TRADER)
(eta) [1:23-mj-01013-WRP]
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WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND ORDER as to (02) Keina Drageset - Signed by MAGISTRATE JUDGE ROM TRADER on 6/30/2023.
Added attorneys Myles S. Breiner, Kyle T. Dowd, Andrew E. L. Strand and Sean Fitzsimmons for (02) Keina Drageset.
Attorney Maximilian J. Mizono terminated in case as to (02) Keina Drageset.
(eta) [1:23-mj-01013-WRP]
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| Monday, July 03, 2023 | ||
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ORDER GRANTING THE GOVERNMENT'S MOTION TO DETAIN DEFENDANT WITHOUT BAIL re3 ,15 as to (01) Avery Garrard - Signed by MAGISTRATE JUDGE ROM TRADER on 7/3/2023. (eta) [1:23-mj-01013-WRP]
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| Wednesday, July 05, 2023 | ||
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ORDER GRANTING THE GOVERNMENT'S MOTION TO DETAIN DEFENDANT WITHOUT BAIL RE4 ,16 as to (02) Keina Drageset - Signed by MAGISTRATE JUDGE ROM TRADER on 7/5/2023. (eta) [1:23-mj-01013-WRP]
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Arrest Warrant Returned Executed on 6/23/2023 in case as to (01) Avery Garrard.(eta) [1:23-mj-01013-WRP]
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Att: 1
signature of arresting officer
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Arrest Warrant Returned Executed on 6/23/2023 in case as to (02) Keina Drageset.(eta) [1:23-mj-01013-WRP]
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Att: 1
signature of arresting officer
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INITIAL Discovery Statement by Keina Drageset Defendant's First Written Request for Discovery of Materials and Information(Breiner, Myles) [1:23-mj-01013-WRP]
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Att: 1
Certificate of Service
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NOTICE OF ATTORNEY APPEARANCE: Kyle T. Dowd appearing for Keina Drageset(Dowd, Kyle) [1:23-mj-01013-WRP]
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Att: 1
Certificate of Service
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NOTICE OF ATTORNEY APPEARANCE: Sean Patrick Fitzsimmons appearing for Keina Drageset(Fitzsimmons, Sean) [1:23-mj-01013-WRP]
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Att: 1
Certificate of Service
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NOTICE OF ATTORNEY APPEARANCE: Andrew E. L. Strand appearing for Keina Drageset(Strand, Andrew) [1:23-mj-01013-WRP]
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Att: 1
Certificate of Service
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| Thursday, July 06, 2023 | ||
| 26 | 26
9
pgs
INDICTMENT as to Keina Drageset (1) count(s) 1, 6, 7, 8, Avery Garrard (2) count(s) 1, 2, Jeffrey Waz (3) count(s) 1, 3, 5, Joseph Hamil (4) count(s) 4. (eta)
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| 32 | 32 EO: as to (01) Keina Drageset and (02) Avery Garrard - Arraignment and Plea to the Indictment is set for 07/10/2023 at 2:00 p.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) | |
| 33 | 33 EO: as to (03) Jeffrey Waz - Initial Appearance and Arraignment and Plea to the Indictment is set for 07/10/2023 at 1:30 p.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (Added attorney Andrew M. Kennedy for Jeffrey Waz, pending submission of Defendant's Financial Affidavit form.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) | |
| 34 | 34 EO: as to (04) Joseph Hamil - Initial Appearance and Arraignment and Plea to the Indictment is set for 07/10/2023 at 1:45 p.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (Added attorney Matthew Dennis Mannisto for Joseph Hamil, pending submission of Defendant's Financial Affidavit form.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) | |
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Summons Returned Executed on 7/6/2023 as to (03) Jeffrey Waz (eta)
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Summons Returned Executed on 7/6/2023 as to (04) Joseph Hamil (eta)
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