Center for Family Justice
Centerfor Family Justice
Working to preserve the right to parent for single-parent and blended families
involved with the family court system
 
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Documents Filed in Rick Hermann's Case
  • hermann-filed-nash-email-12-23-07  An earlier email allegedly sent by Rick on December 23, 2007 and filed by the U.S. in the case on 1/17/08. "Warning: this email is not G-rated"
  • herman-filed-partial-nash-email-1-8-08  A portion of the email that we provide in full, allegedly sent by Rick on January 7, 2008 and filed by the U.S. in the case on 1/17/08
  • docket-history-US-v-hermann-1-16-08 shows the documents filed in Rick's case as of 1/16/08
  • hermann-warrant-arrest-1-14-08 provided for Rick's arrest. He was arrested on 1/9/08, although this document is dated 1/14/08
  • hermann-complaint-affid-1-9-08is the criminal complaint filed against Rick by the U.S. Attorney's office in New Mexico. Attached to it is an affidavit by FBI agent Eric J. Oberly claiming that Rick sent an email (email account and recipients redacted in the affidavit, but you can see the full email since it was copied to CFJ) and that he left a voicemail for NM Supreme Court Chief Justice Ed Chavez.
  • hermann-mot-detention-US-1-9-08 is the motion filed by the US Attorney's office asking that Rick be held in federal prison because he is "a flight risk and a danger to the community". Keep in mind that Rick has absolutely no record of trouble with the law in his 50 years or so of life.
  • hermann-order-temp-detention-1-9-08 is MALDEF Judge Garcia's order that Rick be held in prison pending a detention hearing.
  • hermann-hearing-notes-1-9-08 is a very brief account of the major topics of the 1/9/08 hearing regarding the temporary jailing of Rick.
  • hermann-entry-app-gorence-1-11-08 is Robert Gorence's "surprise" entry of appearance in the case, supposedly for Rick's best interests.
  • hermann-waiver-prelim-hearing-1-11-08 is a form signed by Rick and Gorence waiving his rights to a preliminary hearing and resulting in a finding of probable cause regarding the claim and Rick's actions. Gorence talked Rick into signing the form. CFJ members in attendance cringed. Rick, not having showered or changed clothes since his arrest two days prior to the hearing, with a swollen left cheek and shackled with a chain connecting wrists and ankles, appeared to be in shock.
  • hermann-hearing-notes-1-11-08 is the high-level hearing notes describing the major topics of the 1/11/08 detention hearing.
  • hermann-order-detent-pend-trial-1-11-08 is MALDEF Judge Garcia's order that Rick remain in prison without bail until trial. Note that prior to this order, Garcia allowed other prisoners, including those with armed bank robbery, gang-related, and drug charges, out of prison either to a halfway house or to their homes/work with ankle bracelets.
  • hermann-appeal-detention-order-1-14-08 is Gorence's appeal of the detention order on Rick's behalf.
  • hermann-subst-couns-US-gonzales-1-15-08 is the U.S. Attorney's substitution of counsel putting attorney Kenneth J. Gonzales on the case
  • hermann-findings-fact-1-15-08 is MALDEF Judge Garcia's findings of fact for use in the appeal of the detention order. Keep in mind that the email and voice recording in question have not been admitted as evidence in the case.
  • hermann-notice-hearing-1-15-08 is the notice that the detetion order appeal hearing will be handled by Judge Black in the Rio Grande courtroom (3rd floor, Federal District Courthouse, 4th and Lomas) at 10:00 on Friday, 1/18/08
  • hermann-US-resp-appeal-det-order-1-17-08  The U.S. response to Hermann's appeal of the detention order
  • hermann-amend-US-resp-appel-det-1-17-08  An amendment to the U.S. response to Hermann's appeal of the detention order
  • hermann-gorence-withdraw-1-18-08  Gorence's withdrawal from the case. The question is - did he legally enter the case in the first place?
 
last updated on February 29, 2008

 
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