TERRY GODDARD

Attorney General
Finn Bar No. 14000
Theodore Campagnolo
Assistant Attorney General
State Bar No. 017167
1275 W. Washington Street
Phoenix, Arizona 85007
602-542-3881
Fax: 602-542-5997
cnnfraud@azag.gov
Attorneys for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

STATE OF ARIZONA, CR 2010-005382-001 DT --

CR 2010-005382-002 DT
Plaintiff, --
v. STATE'S MOTION TO DISMISS
COUNTS 1,2 & 3 OF THE INDICTMENT
DAVID HOWARD BARNES (001),
WITHOUT PREJUDICE
JEFFREY MICHAEL PATAKY (002),

Defendant. (Assigned to the Master Calendar)

The State of Arizona, pursuant to Rule 16.6(a) of the Arizona Rules of Criminal

Procedure, requests that Counts 1, 2 & 3 of the Indictment be dismissed without prejudice.

This request is in the interest of justice, and the State has good cause to make such request.

The defendants have each filed a motion to remand. In its response to defendant

Barnes' motion to remand, the State conceded that a portion of Detective Quaas' grandjury

testimony about Brenden Pataky was incorrect. Subsequently, counsel for defendant Barnes

informed the State of potential testimony he obtained that could have a bearing on the

materiality element in Counts 1 and 2. The facts and circumstances underlying Count 3 are

inextricably intertwined with those underlying Counts 1 and 2.

I
 Based on the above information, the State believes that defendant Barnes has raised

issues sufficient to justify a remand on Counts 1 and 2 for a new determination of probable

cause. In the interests of judicial economy, and the possible need to conduct follow-up

investigation, the State seeks to dismiss without prejudice Counts 1, 2 & 3 ofthe Indictment.

This motion is not filed for the purpose of avoiding the provisions of Rule 8 of the Rules of

Criminal Procedure.

RESPECTFULLY SUBMITTED this is" day of April, 2010.

TERRY GODDARD
ATTORNEY GENERAL

/s/ Theodore Campagnolo

Theodore Campagnolo
Assistant Attorney General

ORIGINAL of the foregoing filed

this 16th day of April, 20lO, with:

Clerk of the Superior Court

201 West Jefferson
Phoenix, Arizona 85003

COpy of the foregoing mailed/delivered

this 16th day of April, 2010, to:

The Master Calendar

Maricopa County Superior Court
201 W. Jefferson
Phoenix, Arizona 85003-2208

Craig Mehrens, Esq.

99 E. Virginia Ave., Suite 220
Phoenix, AZ 85004
Attorney for Defendant Barnes (001)

2
Jess A. Lorona, Esq.
Lorona Steiner Ducar Ltd.
3003 North Central Avenue
Suite 1500
PhoenixAZ 85012-2909
Attorney for Defendant Jeffrey Michael Pataky (002)

BY Isl Theodore Campagnolo

Theodore Campagnolo
Assistant Attorney General

PHX-#791340