NICHOLAS ALAHVERDIAN-ROSSI Preliminary Hearing, Provo

[Music] good morning happy Tuesday it's early enough this morning that I still have wet hair and only half here but hey I've got hot coffee so like that's good enough right uh we're just waiting for court to start for Nicholas Rossi Aleria and Jingleheimer Schmidt and so I it's this is his preliminary in Provo Utah for a a rape charge Nick of course if you remember has been extradited from the UK where he has been hiding out after he faked his own death uh poorly and was caught and so now there are two different rape charges in Utah one of them is in Salt Lake the other is in Provo he had his preliminary in Salt Lake last week uh it was fairly brief and he was held over uh for a trial on that one we expect that to be the same outcome today uh the evidence is kind of a lot of it's been held back so I think there's a lot we don't know but also uh it seems like it didn't take a lot for them to uh it's all DNA evidence as far as we know there's probably more but again that's all we know so at any rate last week he actually had to concede to being Nick Rossi for that Tri uh hearing only not sure how that works the prosecution wasn't sure how that works either uh but at any rate uh here we go I don't know if we'll hear his voice today if we'll get any sense of whether or not to Nick is uh still going with that Ye Old English accent or not uh last week he seemed to be though we really didn't hear much of his voice in court I don't know if we'll hear his voice today either but here we are I know that the judge is still calling him Mr Brown due to his request I think he has different attorneys for this matter because they're in a different County uh we'll see so we'll see what happens uh I wish we could like hear from his voice a little bit more just because uh it's pretty entertaining but I've been thinking about these old cases and it's taken so long to get them to justice uh you know for obvious reasons but I was thinking about the victims and how this has turned into such an unbelievable clown show with Nick I'm sure the victims are thrilled that he was extradited and brought back and is going to actually have to stand accountable for what he did to them but on the flip side I wonder too how painful is this for them you know how hard is it to uh have this idiot who has turned into this International slideshow to be the person that uh took advantage of them it sucks so as much as we joke and we laugh when we make fun of Nick I I want to be mindful of the victims too that he's done some horrific things and put innocent people through some terrible terrible things and for that Nick we're going to continue and always hold you accountable cuz you suck and nobody has deserved the crimes that you've committed against them you them he also has some pending potentially sexual assault charges in the UK and he already had some sexual assault charges that he was convicted for uh many years ago back I believe in I want to say Rhode Island but I think that might be wrong but at any rate uh this guy's a predator he's a predator and he faked his own death and went to Europe and continued to be a predator over there and here we are so always always uh mindful of the victims but Nick I hope you show your whole ass yet again today I think you will because that's what we've had from you so far but my goodness you guys what a day so we have this trial or this uh hearing sorry that should be starting in any minute now we're just uh sitting in the judge's courtroom that's the graphic you're seeing here uh waiting to start but on top of that beyond that we will have uh at 10 a.m. we'll go back to Robert Tea's court and we'll come on and have a quick chat about that but obious but it's just jury deliberations the jurors deliberated for four hours last night in TZ and finally went home about 700 p.m. yesterday evening which would be 6 PM in Las Vegas so they'll be back for another day of deliberations beyond that at 11:00 a.m. we'll be back in Corey Rich's courtroom to watch day two of her preliminary so all of the Witnesses were called yesterday the defense called one the prosecution called gosh I want to say two but maybe it was three I think it was just two and then that's it for today so then we'll be back at 6:30 tonight to recap all of it and talk it over because this is going to be a lot and that's where we're at so but you know we're still fighting the good fight with YouTube I to be fair we haven't even started the good fight with YouTube because it's been a lot this week and then tomorrow Christy and I will be heading up to Fremont County to the courthouse for a live hearing for Chad DeBell that will be I believe at 10:00 a.m. tomorrow morning in judge Boyce's court so this has to do with the appeals on the death penalty and we'll be here for that we'll be there in person that does not stream so we'll live tweet it and then tomorrow night in our case updates we'll do uh we'll fully go through it so that's going to be interesting we have never been in the courtroom with his new attorneys and in fact we've only ever all seen his new attorneys one time in that uh hastily streamed uh hearing a couple of weeks ago so that'll be interesting too and then I think that might be it for court this week uh we'll see that's provided that tees gets a verdict today so maybe I'm jumping ahead but provided that taes gets a verdict today that's what we're going to be looking at I me too Amy I'm amazed that they're still deliberating thoroughly amazed well good morning hey sorry wasn't quite uh camera ready not either I it's all good I'm here with wet hair and no makeup and I don't even care right okay looks like we're getting a little bit of motion here get some progress on the judge's side I'm just dying to hear him talk because I want to know going on the record okay guys we're gonna get out what are you ready on anyone ready Mr Means and I already on a Case very good let's take I I think I guess I should have waited to confirm with him what is it uh Kelly verer we call the matter of state of Utah versus Kelly verer verer for preliminary hearing what's the status here judge we don't need to be heard if you'll give us just a few moments Mr verer and I go over a plea statement very good be back all right I'll pass it thank you anyone else ready have we not got inmates here in the jail okay let me know when we're ready courts in recess e e e e e e e e e e e e e e e e e e e e e e e it are you ready honor Mr Beer yes sure honor I also have some summary matters if you want to hear them would it be ready honor we can be ready on cash Coupe on Kelly verer and on Wayne faer very good are you Mr Coupe on up please uh we'll call the matter of state of Utah versus cash Johan Coupe he is pres with Council for the state um Alex Wesson go for the state judge thank you we are scheduled for preliminary hearing today do you need the hearing we do not your honor that's the case in in 213 it is Mr Coupe intends to wave his right to a prelim and have the matter set over and I'll discuss that in a moment very good Mr CP are you under the influence of any alcohol drugs or prescription medication this morning no I'm not any physical or mental condition causing you trouble no do you understand your right to have a preliminary hearing I do your honor and do you give up that right yes yes I'm sorry in the microphone sorry yes thank you does the state consent to the waiver yes judge the court will bind the defendant over on the charges in the information would you like to have Mr coup AR rain today or another day not today your honor Mr Coupe has a second case ending in 255 it is it's 241 42505 it is set on your calendar on 10 September for waiver an initial or first waiver we would like like the case ending in 213 to be set at the same time and we'll address both cases on that date very good arraignment will be scheduled for September 10th at one o'clock thank you thank you sir your honor [Music] Shak judge you could call Wayne theer please state of Utah versus Wayne Lamar Lester theer good morning morning also scheduled for preliminary hearing today Mr fa is also going to wave a preim today Mr the is that correct sir yes honor are you under the influence of any alcohol drugs or prescription medication no your honor any physical or mental condition causing you trouble no your honor do you understand your right to have a preliminary hearing in this case yes your honor and do you give up that right yes your honor I will bind the defendant over on the charges and the information does the state consent to the waiver yes judge very good uh same thing arain today or another day uh not today your honor me we have about three weeks I'm not here on the 17th I do have the 24th September 24th at 1 o'clock for arraignment I'll see you then thank you thank you your honor we can have go to Mr verer state of Utah versus Kelly verer for preliminary hearing today your honor Mr verer has reached an agreement with the state he'll be waving his preliminary hearing and offering a ple what is the agreement be honor Mr verer will plead to a reduce count one to class A misdemeanor he will plead to count two as charged count three will be dismissed Mr verer is that the agreement that you've reached with the state yes sir sir are you under the influence of any alcohol drugs or prescription medication today no do you have any physical or mental condition causing you trouble no do you read write and understand English yes how far did you go in school high school graduate you've been represented by Mr Means have you been satisfied with his work yes do you need more time with him before you enter a plea today no did you read this document called statement of defendant in support of guilty plea yes do you understand what it says yes and did you authorize Mr Means to place your electronic signature on that document yes councelor are you satisfied that Mr verer understands the statement and the rights that he is waving I am your honor any reason known to you why he should not enter up no uh Mr verer you have the right to preliminary hearing today that's why we were here do you understand that right yes and do you give up your right to a preliminary hearing yes does the state consent to Mr veer's waiver yes what is the factual basis for the plea Mr Lewis I am pulling it up right now I lost it judge on May 17th and May 19th of this year in Utah County the defendant Mr verer um let the air out of gr's automobile which gr had parked at her place of employment and was Reckless as to whether her his acts of interfering with her uh car would cause her emotional distress on a separate date he also followed gr to her home after work what is is that property damage yeah the um I can't remember what they're called the little tire the stem the stem was broken uh is that what happened sir inside of the stam there's a core was re released to let the air out I do find there is a factual basis to support the flea uh Mr verer has anyone forced you or threaten you to enter a plea no do you feel that you're making a voluntary choice about that decision yes to the offense of stalking a Class A misdemeanor what is your plea guilty and property damage a Class B misdemeanor what is your plea gilty if you want to change your mind about those guilty pleas you have the right to do that but you will need to ask the court in writing before I sentence you and show a good legal reason why your plea should be withdrawn do you understand your right to change your mind yes the court finds that Mr veer's pleas are knowing intelligent voluntary made upon the advice of councel the statement will enter the clerk may have fixed my signature to it are you requesting a PR sentence report or not I believe the state is your honor very good sentencing will be uh October 8th if that works for everyone 10:30 in the morning and Mr verer that's an iners hearing as well 10:30 in the morning October 8th thank you thank you yeah Mr verer the underneath the podium there there's a white card looks like this you got it report over to adult probation and parole within the next uh 48 hours and uh cooperate fully in the preparation of the report do you have any questions no okay thank you it's October 8th thank you sir next very good courts in recess All Rise you know when we're ready e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e call the matter state of Utah versus Esther book scheduled for oral argument today on a motion to suppress uh his book I received your letter and have had a chance to read that I've also spoken with the lawyers and Chambers what's the state's position today so judge after um re-evaluating the case um and and charges involved in this matter and the state feels that um to move move forward it' be most helpful to have an inquiry into competency so the state's going to be asking for um a new date approximately 60 days from now to um file that and to start that process thank you you stipulate yes the court will grant the state's P petition will you prepare the order and schedule the matter for competency review UH 60 days out that be October 20 2nd how is that for you October 29th okay okay that'll be at 1:00 and his book that you can appear at at that bearing by um WebEx or your cell phone you don't have to be here in person you can appear remotely may be 1 p.m. 1 p.m. okay okay thank you thank you here Mr Means are you ready yes sure are I think we would like to call one case it's not on your calendar this morning if you would please what is that ran ason n and before you're oh is there three yes oh I thought there were only two but two or three cases before your honored um do you have case numbers I can get those for you he's not on today judge one of them is 24141 857 okay the other two are 241 14 [Music] 01514 and 24141 [Music] 1593 I'll call each of those cases regarding uh wigam Aston is he here he is not your honor what's the status I filed petitions for competency determination late yesterday evening the background is he was had been referred to mental health court he appeared on Monday I believe yesterday yeah and was denied judge forer felt that he was better served with a petition so therefore I filed one yesterday evening I think the state may have a response the state stipulates to the um inquiring to competency judge the from what the mental health court team has been informed of he has um been doing very poorly in the jail I think he's refusing medication and he's uh decompensated quite a bit um and so the state's request is twofold um I guess one that we agreed to the competency petion and two that he actually be transferred to the Utah State Hospital for competency proceedings I I can authorize that but whether they whether they take him as up to as up to I I believe so and I think they should I don't see a reason why they wouldn't okay is there um I don't know what his situation is outside of the jail does he have any sort of support structure outside of the jail that would get him there faster well his mother submitted a letter um and I think it might be in I know it's in your docket on at least one of the cases um it's addressed to judge Brady and the mental health court judge but I think it could be um useful for e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e who how do they know yes very good D looking forward to it I'm a long and I speak Spanish they're you know CL I know I think it's good I I thanks stop he he may be a moment are you ready on Mike kraton I didn't need a to speak to him so um I will do that your honor okay would you prefer M wait for Mr Rossy or talk to Mr apparently they're switching oxygen tanks it may be a minute so if is M cron or Kon James Mike summary or I that is the question your honor I'll great thank you e e ready very good on the record in the matter of state of Utah versus Nicholas Rossy would you state your appearances for the record you honor step Jones and nickay Lewis for the state of Utah Sean Howell and Nathaniel Johnson for Mr your honor my client's legal name is Arthur Knight and that's how we refer to him but for purposes of today Mr Rosie thank you we're scheduled for a preliminary hearing today any preliminary matters um your honor just before the state gets started um pursuing their evidence to meet their burden we would like to on the record and we've informed the state of this that my client for today's purposes um stipulates to Identity so that's not an issue for today very good you may call your first witness your honor of the state calls Jessica Matthews to the stand thank you Miss Matthews if you would take the witness stand to my right climb those stairs once you get there please face the clerk raise your right hand take an oath to tell the truth do for the testimony which you're about to give in this case now before the court be the truth the whole truth and nothing but the truth so help you go yes thank you please be seated and respond to council's questions is the court ready are you ready judge I am thank you uh can you state and spell your name Jessica Nicole Matthews m a t t h e WS Miss Matthews are you currently employed yes I am where are you employ Utah County Attorney's Office and what is your title at the Utah County Attorney's Office victim witness coordinator in your position as a victim witness coordinator what are can you describe some of the duties that you uh perform absolutely um so we help coordinate victims and Witnesses efforts throughout the court process and making sure that victims are aware of their rights that they are prepared to testify and that they understand what's going on um including Gathering 1102 witness statements and then um we make sure sure that everyone is present for trial and hearings okay and when you do an 1102 statement or you are there when a uh a witness or an alleged victim does an 1102 statement can you describe the process that you go through yes um we bring them in and we explain that we are doing a witness statement it's an official document where they are promising to tell the truth and they are writing about um what occurred and we explained to them that they should be writing the who who was there and how they know them um what happened where it happened and when it happened and um do you provide any of those answers for the victim or do they provide those themselves they provided themselves okay um Miss Matthews were you involved in an 1102 statement in the state versus Nicholas Rossy yes um and did you contact the alleged victim in this case yes I did and did that person come in in person um did you verify their identification yes I did okay I'm going to hand you what has previously been marked States exhibit number one can you describe that to the court yes this is our 1102 witness statement form um at the top there is an attestation where they promise to tell the truth they sign their name they they begin their statement um it's about a page and three sentences on a second page at the bottom of each page is is signed and on the bottom of the first page there is a date okay and I'm going to refer to this person as KB um and you met with KB in person yes I did and did you give KB the attestation to tell the truth yes I did and is that signed yes Were You There When that was signed yes okay you're honor state with move to admit States exhibit number one no objection States exhibit number one is received I have no further questions of this witness your honor cross two questions have you haded moment to read the 1102 or familiar with its contents I would need to read it again okay and and actually my question really is something she indicates this about just your involvement and potential involvement in something um just on the last line it says I've seen current pictures and videos um did you participate in showing uh KB videos or pictures of anyone no okay so you just preparation of 1102 yes okay to your knowledge have there been any other previous written statements by this person in regards to this event to my knowledge um no I'm only present for this one okay thank you that's all I have thank you thank you anything else nothing from Swit joh may I take that from me please you may step down if you give me just a moment this e thank you I've read that statement next witness judge given the fact that um there's been a stipulation to the identity the state I think uh in order to comply with statute still needs to call an officer I believe the statute requires that an officer be called that way the defense has an opportunity to question regarding the investigation so the state is going to call detective Johnson from orpd thank you detective Johnson if you'll take the witness stand to my right once you arrive there please face the clerk raise your right hand take an oath to tell the truth for the testimony which you're about to give in this case of and before the report be the truth the whole truth and nothing but the truth so help you back yes thank you please be seated and respond to council's questions could you state and spell your name barly Johnson a a r a l e e Johnson is common spelling j o h n s one Johnson are you currently employed yes where do you work at or police department and what is your title at the orpd I'm currently am the LI or the administrative Lieutenant okay did I give you a pay raise by calling you detective or did I demote you okay I apologize for that you go by Lieutenant yes okay Lieutenant Johnson um can you describe what some of your uh the duties that you perform Mr Lieutenant um currently it is overseeing a lot of Civilian employees including our mental health and our um Comm oriented policing now are you a certified Utah law enforcement officer yes okay um and how long have you been in law enforcement since 2006 okay um were you in were you involved in um the state of Utah versus Nicholas rossy's investigation at all no not originally what do you mean by not originally originally when the case came in in 2008 I was not okay when did you become attached to this case um I believe it was in 2019 2018 um with the saki kits we had all of our untested kits then tested and we had a cold cases come in can you just I know saki is a it's not an alcohol it is a an salt yeah um and so you you became involved during that uh when the hit came back from the saki yes I was the sergeant that was assigned over Special Victims Unit at that time okay yeah in terms of this case was there a an arrest made um on Mr Rossy at any point in time originally no okay since originally I'm charged has been filed yes okay and was a DNA test ever done on that person who was arrested yes okay where did that DNA T pardon me where did that DNA test take place your original no the comparison yes and then you talk County Joe okay and how long ago was that I believe it was January 23 okay this year and you said originally DNA was collected from the alleged victim from the original case and then we had the match came in and then we did a requested the DNA okay sample and so there was DNA in 2008 Yes and then there was DNA in 2024 yes okay and was the DNA in 2024 tested yes I'm going to hand you what's been marked States exhibit number two can you describe that to the court yeah it's a DNA report from the crime lab okay and was there a was there a result yes and what was the result that the DNA returns to Nicholas Rossy okay and is Mr Rossy in the room today yes and can you describe what he's wearing um a blue jumpsuit sitting will chair with an oxygen mask your honor will the record reflect this witness has positively identified the defendant in this case it will no further questions thank you you may cross yes have a couple of questions you've indicated today you were not the original investigating officer no okay um and you you've mentioned today saki sorry what's acronym stand for sexual assault kid initiative oh okay and and referred to cold cases yeah or cases that had never gotten tested excuse me oh okay because this this is not a Cold Case not necessarily we hadn't had the test kit done okay um because a Cold Case would refer to not being able to identify a suspect and not being able to move forward with an investigation thank you yes right um and that's not the the situation here um because the um KB identified an individual ual and the original investigating officer at that time knew who that individual was um DNA was collected as part of a sex assault testing kit correct um and that original officer specifically declined to refer charges my understanding yes okay um and then somehow that got separated from the DNA kit that got tested later on I don't understand your question um well I I guess I'm assumption maybe you don't know but so the original investigating officer declined to refer charges according to her report yes okay and then you've said that there was an untested sex assault kit correct okay um and it got tested not until um January of 2024 of this year no oh the kit was tested originally was prior to that the DNA sample the comparison was in 2024 oh okay um okay and so that that kit being tested is that what initiated then interest in this again to your knowledge to my knowledge yes okay okay um okay that's all the questions I have thank you redirect no followup your honor uh officer Johnson you may step down thank you does this belong to yes any objection to State's exhibit to judge I'm not even sure I moved it to admit that and if I failed then I move to admit it right now any objection hold on just a minute didn't because I was going to object that um you hold on can I have you again there may be redirect go uh the state has offered into evidence States exhibit number two do you have an objection yes I was going to object on the basis that it's not relevant to a contested issue as he has stipulated to us the identity today thank you the uh relevance objection is overruled States exhibit number two was received I'm sorry to keep you sorry when I step down next State restaurant does the defendant intend to call witnesses today no your honor you wish to argue no we'll submit do you submit submit your want thank you this matter comes before the court for preliminary hearing the burden is on the state of Utah to show probable cause to believe that a crime was committed and that uh the defendant Nicholas Rossi committed that offense for purposes of today's hearing uh the defendant has stipulated to Identity based on the facts disclosed in the 1102 statement the court does find probable cause to believe that the defendant Nicholas Rossi committed the offense of rape as charged in the information and I will bind the defendant over on that charge do you wish to have your client arraign today or another day another day your honor I also I I can I intend to file some written notice as well but we might desire to schedule it today if possible um a motion to address his custody status um and we intend to have to present evidence or an evidentiary hearing and doing so um and so I think we'd need maybe in three weeks so we have time to send out subpoenas to the appropriate people I'm not here in three weeks I am and on the 24th I have another judge covering for me so do you we can go until keep things consistent okay October 1st okay October 1st at 8:30 for bail hearing let me just ask um do you want a special set on this I don't know how long you'll be that is a great question um yeah I'm just trying to think through your Runner um we probably will have two or three Witnesses um so I think it maybe just depends on what your calendar is looking like possibly and and I'll make sure I file a written motion just explain the what I think are the change substantial changes circumstances warranting this Sean we're probably going to call some as well so okay I should okay it sounds like special set would be wise what do I have is it two hours enough I would assume two hours would be fine yes soon we have is October 16 I'm in trial for three weeks in September so right October 16th I sorry I'm just trying to think around I maybe everyone noes Mr Diaz is going to become first chair on this case and I will have to check with him to make sure he's available I know I am not but I might be less important in this situation do you want to try and do on first maybe we should just try first I can't take all morning doing it that's my concern about the first so I I don't want to be unduly pressed for time if you're gonna get off of it anyways then let's just do it on the 16th Dan Dan can yeah yeah okay let's um let's schedule for the 16th and I'll let Mr Diaz know and if there's a problem then 930 October 16th 9:30 for bail hearing and that will be you want him AR rain that day as well yes that will that'll be good as well as arraignment okay thank you you H the state would move to with draw exhibits one and two exhibits one and two a return to the prosecutor for safekeeping thank you judge that's an inperson hearing correct yes so get your uh Witnesses here all right thank you uh next is all righty uh what the hell man I can't hear you Katie I'm not sure if anyone else can but I can't I'm just talking away muted yeah that's what I was afraid was happening and also looking at this hair wondering you know what's up but that's okay well that was quick and easy once it actually happened yep yep I you know and and last week in Salt Lake City it was the same thing all they did is lay out the DNA evidence basically and couple other things I think that was a little bit longer but essentially that's really all the judge has to hear to decide that this is worth holding over to trial so right yeah so there we go yeah well he's going to trial now we know cracks me up that uh the last delay to getting him into the courtroom was that they needed to change his oxygen bottle well he is so very extra he causes all of this to yeah create as many situations that require extra attention for him as possible yep absolutely absolutely and his legal name is Arthur Knight right what the hell is that it is not it is nobody even F on that but I think they're probably so tired of having this conversation with him MH and he'll just stipulate to the identity for today for today that's exactly what they did in Salt Lake as well yeah like whatever dude they have your fingerprints and your DNA they know it's you yeah grow up yeah it's time to drop the ACT absolutely so now we're gearing up for Corey richens uh at 11 and we're also over in the uh a stream watching for uh any sign of Life of jury in the uh jury deliberations for Robert taes so that's what we're doing today so we'll be back again we'll be back at 6:30 tonight to sum up all of these cases for today but that's where we're at right now yes it is yes it is so well I'm gonna head over to uh yeah join me over on T and then um we'll be getting uh Corey up here shortly so yep absolutely okay well thanks for being here guys we'll uh see you on another stream take care [Music]