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TRIAL INFORMATION
COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac
County Iowa and in the name and by the authority of the State of Iowa, accuses
Defendant, Richard Brian Kraft (Defendant) of the crime of POSSESSION OF
A CONTROLLED SUBSTANCE WITH INTENT TO DELIVER, a Class B
Felony in violation of Iowa Code Section 124.401(1)(b)(8), committed as follows:
On or about December 18, 2015, in Sac County, Iowa, Defendant knowingly
possessed more than five grams of methamphetamine with the intent to deliver
the same. Defendant was in the immediate possession or control of a firearm
while participating in this violation.
COUNT 2
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac
County Iowa and in the name and by the authority of the State of Iowa, accuses
Defendant, Richard Brian Kraft (Defendant) of the crime of CARRYING
WEAPONS, an Aggravated Misdemeanor in violation of Iowa Code Sections
724.1 and 724.4(1), committed as follows: Defendant, Richard Brian Kraft, on or
about December 18, 2015, in the County of Sac and State of Iowa, did unlawfully
and willfully and knowingly carry and/or transport a loaded pistol or revolver in a
vehicle.
A TRUE INFORMATION
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
WITNESS LIST:
Kristan Erskine, Deputy, Sac County Sheriff's Department
Jonathan Meyer, Deputy, Sac County Sheriff's Department
Brian Erritt, Deputy, Sac County Sheriff's Department
Ken McClure, Sheriff, Sac County Sheriff's Department
Jessica Sue Prough, Occupation Unknown
Andrew Gladfelter, Criminalist, Iowa DCI
Case Number
FECR013036
Case Title
State Iowa v. Richard Kraft
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 4 of 4
Case Number
Case Title
State Iowa v. Richard Kraft
So Ordered
page 2 of 2
No. FECR013036
ORDER SETTING HEARING
ON ARRAIGNMENT
The Court, upon reviewing the record and being advised in the premises,
FINDS that defendants arraignment should be scheduled for May 9, 2016.
IT IS THEREFORE ORDERED that defendants arraignment shall be and
is scheduled for May 23, 2016, at 9:00 a.m. the Sac County Courthouse, Sac City,
Iowa.
IT IS FURTHER ORDERED that Defendants failure to appear at this
hearing will result in a warrant being issued for his arrest.
IT IS FURTHER ORDERED that the Sac County Sheriff shall transport
defendant to the arraignment if defendant is in custody.
OTHER ORDER
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
No. FECR013036
APPLICATION FOR WRIT
OF HABEAS CORPUS AND
PROSEQUENDUM
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben
Smith, and states:
1.
That the United States Marshal for the Northern District of Iowa
has custody of the body of Richard Kraft, who is now confined in the OBrien
County Jail (Iowa) by virtue of the commitment thereto by the United States
District Court for the Northern District of Iowa.
2.
in the Iowa District Court for Sac County for allegations of Possession of a
Controlled Substance (Methamphetamine) with Intent to Distribute and Carrying
Weapons.
3.
That a warrant was issued for the defendant to appear for his
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
No. FECR013036
ORDER FOR WRIT OF HABEAS
CORPUS AND PROSEQUENDUM
WHEREAS, the United States Marshals Services for the Northern District
of Iowa has the custody of the body of Richard Kraft who is now confined in the
OBrien County Jail (Iowa) by virtue of the commitment thereto by the United
States District Court for the Northern District of Iowa; and;
WHEREAS, the said defendant is charged in the State of Iowa in the Iowa
District Court for Sac County for allegations of Possession of a Controlled
Substance (Methamphetamine) with Intent to Distribute and Carrying Weapons
and it being desired to have the said defendant before the Iowa District Court for
Sac County on May 23, 2016, at 9:00 a.m. for his arraignment hearing.
THEREFORE, the United States Marshals Service Agency for the
Northern District of Iowa is hereby ordered and directed to surrender and release
the body of said defendant to the Sac County Sheriffs Office and the Sac County
Sheriffs Office is hereby commanded to have and produce the body of the
defendant before the Iowa District Court at the above date and time.
The Sac County Sheriffs Office is further commanded to assure the safe
conduct, custody and care of the said defendant at no cost to the United States
from the time the defendant is in custody of the Sac County County Sheriffs
Office by virtue of this Writ and during the defendants presence in the Iowa
District Court for Sac County; and as soon as said proceedings have been
concluded, or the sentence imposed, to safely return said defendant to the
custody of the United Marshals Service for the Northern District of Iowa.
OTHER ORDER
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
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FINANCIAL AFFIDAVIT/APPLICATION'
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
*
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required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
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STATE OF IOWA,
CRIMINAL NO.
FECR013036
Plaintiff,
v.
Defendant,
Richard Brian Kraft
WHEREAS, the United States Marshal for the Northern District of Iowa has the custody of
the body of Richard Brian Kraft, defendant in the above-entities cause, now confined in the _
OBrien Countv Jail by virtue of the commitment thereto by the United States District Court for
the Northern District of Iowa; and
WHEREAS, the said defendant is charged by the State of Iowa in the Iowa District Court for
County for violation of Possession of a Controlled Substance w/Intent to Deliver 124.401(l)(b)(8)
and Carrying Weapons 724.4(1) and it being desired to have the said defendant before this court in
the City of Sac City, Iowa on May 33,201$, at 9;QQAM,. for arraignment,---------------------
THEREFORE, the United States Marshal for the Northern District of Iowa is hereby ordered
and directed to surrender and release the body of said defendant to the Sac
County Sheriff, or any of his deputies, and the County Sheriff, or any of his deputies, is hereby
commanded to have and produce the body of said defendant, before the District Court Judge of the
Iowa District Court for Sac Countv. in the city of
15155733991
MQam/', on
0 002/002
Mav23, 2016
, and then and there, or as soon thereafter as may be, and have you then and there this Writ
The Sac County Sheriff, or any of his deputies, is further commanded to assure the safe
conduct and custody, and care at no cost to the United States of the said defendant from the time
he/shc is in custody of the Sheriff by virtue of this Writ and during his presence in said Court at
said time and place on the charges aforesaid; and as soon as said proceedings have been concluded,
or the sentence has been imposed, to safely return said defendant to the custody of the United
States Marshal for the Northern District of Iowa.
COUNTY AT.
,, Iowa
.Judge,
life.
20th
(Wyn \S
ls
Deputy
(Certification)
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No. FECR013036
ORDER RE: APPLICATION FOR
APPOINTMENT OF COUNSEL
OTHER ORDER
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
STATE OF IOWA,
PLAINTIFF,
VS.
RICHARD BRIAN KRAFT ,
02811 FECR013036
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.
1 of 2
Case Title
STATE VS RICHARD KRAFT
ORDER APPOINTING
So Ordered
2 of 2
2RCR02
vs.
RICHARD BRIAN KRAFT ,
DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
May 24, 2016.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant waives the right to speedy trial.
4. Defendant is represented by Peter Goldsmith.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on July 26, 2016 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 07/05/2016
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If the Defendant chooses to take depositions of minuted State's witnesses,
depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions
of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may
depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions
shall be at public expense. Upon Defendant's request, the State is ordered to disclose
evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary
discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the
Defendant opts to request discretionary discovery and the State requests reciprocal
discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).
Either party may object to the order for discretionary discovery and have the matter set
for hearing. The State shall disclose any exculpatory evidence, including any evidence
relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS RICHARD KRAFT
ORDER SETTING TRIAL
So Ordered
3 of 3
*
CRIMINAL NO. FECR013036
*
VS.
*
*
ORDER ALLOWING
RICHARD KRAFT
*
PAYMENT FOR TRAVEL TIME
DEFENDANT
*
***************************************************
Before the Court is defense counsels motion requesting payment for travel time. The
motion states that the Defendant is being held in the OBrien County jail in Primghar, Iowa. The
location is outside of Sac County, which is where this case is pending. The Court finds the
motion should be granted.
THEREFORE IT IS ORDERED that the request for counsel to be paid for travel time to
and from Primghar, Iowa to meet with Defendant is approved. This approval is subject to review
for reasonableness by the State Public Defenders office.
OTHER ORDER
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
No. FECR013036
ORDER RESCHEDULING TRIAL
The Court, upon reviewing the record and being advised in the premises,
FINDS and ORDERS that the trial in this matter shall be rescheduled for August
23, 2016, at 9:00 a.m. the Sac County Courthouse, Sac City, Iowa.
IT IS FURTHER ORDERED that the pretrial conference shall be
scheduled for August 19, 2016, at 9:00 a.m.
IT IS FURTHER ORDERED that the Sac County Sheriff shall transport
Defendant if Defendant is in custody.
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
No. FECR013036
ORDER QUASHING
ARREST WARRANT
The Court, upon reviewing the record and being advised in the premises,
FINDS and ORDERS that the arrest warrant issued herein on March 7, 2016,
shall be and is quashed.
OTHER ORDER
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
No. FECR013036
APPLICATION FOR WRIT
OF HABEAS CORPUS AND
PROSEQUENDUM
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben
Smith, and states:
1. That the United States Marshal for the Northern District of Iowa has
custody of the body of Richard Kraft, who is now confined in the OBrien County
Jail (Iowa) by virtue of the commitment thereto by the United States District
Court for the Northern District of Iowa.
2. That the Sac County Attorneys Office is prosecuting the defendant in
the Iowa District Court for Sac County for allegations of Possession of a
Controlled Substance (Methamphetamine) with Intent to Distribute and Carrying
Weapons.
3. That defendant scheduled depositions in this matter for July 19, 2016,
beginning 9:00 a.m. at the Sac County Courthouse, Sac City, Iowa.
4. That the State of Iowa requests that defendant be released to the State
of Iowa so he can be personally present for the deposition proceedings mentioned
above.
WHEREFORE, the State of Iowa asks that the court issue an order for writ
of habeas corpus ad prosequendum.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
No. FECR013036
ORDER FOR WRIT OF HABEAS
CORPUS AND PROSEQUENDUM
WHEREAS, the United States Marshals Services for the Northern District
of Iowa has the custody of the body of Richard Kraft who is now confined in the
OBrien County Jail (Iowa) by virtue of the commitment thereto by the United
States District Court for the Northern District of Iowa; and;
WHEREAS, the said defendant is charged in the State of Iowa in the Iowa
District Court for Sac County for allegations of Possession of a Controlled
Substance (Methamphetamine) with Intent to Distribute and Carrying Weapons
and it being desired to have the said defendant before the Iowa District Court for
Sac County on July 19, 2016, at 9:00 a.m. for depositions.
THEREFORE, the United States Marshals Service Agency for the
Northern District of Iowa is hereby ordered and directed to surrender and release
the body of said defendant to the Sac County Sheriffs Office and the Sac County
Sheriffs Office is hereby commanded to have and produce the body of the
defendant before the Iowa District Court at the above date and time.
The Sac County Sheriffs Office is further commanded to assure the safe
conduct, custody and care of the said defendant at no cost to the United States
from the time the defendant is in custody of the Sac County County Sheriffs
Office by virtue of this Writ and during the defendants presence in the Iowa
District Court for Sac County; and as soon as said proceedings have been
concluded, or the sentence imposed, to safely return said defendant to the
custody of the United Marshals Service for the Northern District of Iowa.
OTHER ORDER
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
DISTRICT Cuii.-ii ir
SAC COUNTY
FILED
IOWA
2016 JUL IF PM 2: 15
STATE OF IOWA,
CRIMINAL NO.
FECRO13036
Plaintiff,
STATE OF IOWA
v.
Defendant,
RICHARD KRAFT
WHEREAS, the United States Marshal for the Northern District of Iowa has the custody of
the body of Richard Brian Kraft, defendant in the above-entities cause, now confined in the
OBrien County Jail by virtue of the commitment thereto by the United States District Court for
the Northern District of Iowa; and
WHEREAS, the said defendant is charged by the State of Iowa in the Iowa District Court for
County for violation of Possession of a Controlled Substance w/Intent to Deliver 124.401 (l)(bX8)
and Carrying Weapons 724.4(1)
and it being desired to have the said defendant before this court
THEREFORE, the United States Marshal for the Northern District of Iowa is hereby ordered
and directed to surrender and release the body of said defendant to the Sac County Sheriff, or any
of his deputies, and the County Sheriff, or any of his deputies, is hereby commanded to have and
produce the body of said defendant, before the District Court Judge of the Iowa District Court for
Sac Countv. in the city of Sac City, Iowa, at 9:00 am/pm., on July 19,2016, and then and there, or
as soon thereafter as may be, and have you then and there this Writ
The Sac County Sheriff, or any of his deputies, is further commanded to assure the safe
conduct and custody, and care at no cost to the United States of the said defendant from the time
he/she is in custody of the Sheriff by virtue of this Writ and during his presence in said Court at
said time and place on the charges aforesaid; and as soon as said proceedings have been concluded,
or the sentence has been imposed, to safely return said defendant to the custody of the United
States Marshal for the Northern District of Iowa.
Given under the seal of the said Court this 15TH day of July, 2016.
Donna Geerv. Sac County
Deputy
(Certification)
No. FECR013036
ORDER RESCHEDULING TRIAL
The Court, upon reviewing the record and being advised in the premises,
FINDS and ORDERS that the trial in this matter shall be rescheduled for
November 1, 2016, at 9:00 a.m., and the pretrial conference shall be scheduled
for October 24, 2016, at 9:00 a.m., both at the Sac County Courthouse, Sac City,
Iowa.
IT IS FURTHER ORDERED that the Sac County Sheriff shall transport
Defendant if Defendant is in custody.
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
STATE OF IOWA,
Plaintiff,
v.
RICHARD BRIAN KRAFT,
Defendant.
NO. FECR013036
APPEARANCE
COMES NOW, Chad R. Frese and does hereby enter his appearance on behalf of the
above-named Defendant, RICHARD BRIAN KRAFT, in the above captioned case.
RICHARD BRIAN KRAFT,
Defendant
BY:
No. FECR013036
Plaintiff,
v.
STATE OF IOWA
_____________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
No. FECR013036
Plaintiff,
v.
RICHARD BRIAN KRAFT,
Defendant.
This matter came before the Court on the States Motion for
Continuance. The Court, upon reviewing the record and being advised in
the premises, FINDS and ORDERS:
1.
24, 2017, at 9:00 a.m., at the Sac County Courthouse, Sac City, Iowa.
2.
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2
*
CRIMINAL NO. FECR013036
*
VS.
*
*
ORDER GRANTING
RICHARD KRAFT
*
MOTION TO WITHDRAW
DEFENDANT
*
***************************************************
Before the Court is the motion of Peter Goldsmith to withdraw as counsel for the
Defendant. Alternative counsel has entered an appearance in this case.
THEREFORE IT IS ORDERED that the motion is granted and Peter Goldsmith is allowed
to withdraw as counsel for the Defendant in this case.
Case Number
FECR013036
Case Title
STATE VS RICHARD KRAFT
So Ordered
page 2 of 2