KATHLEEN T. ZELLNER ASSOCIATES, P.C. ATTORNEYS AT LAW Esplanade IV 1901 Butter?eld Road Suite 650 Downers Grove, Illinois 60515 KATHLEEN T. ZELLNER Telephone: (630) 955-1212 DOUGLAS H. JOHNSON Facsimile: (630) 955-1111 attorne @zellnerlawo?lcescom NICHOLAS M. CURRAN k??eentzeumncom SCOTT T. PANEK AV-Preeminent Rating 0mm: MANAGER March 6, 20 7 PRESS RELEASE: AMAZON ECHO SUBPOENA IN ARKANSAS MURDER CASE A stipulation and consent order was entered today in the case Of State Of Arkansas V. James Andrew Bates. Because Mr. Bates is innocent Of all charges in this matter, he has agreed tO the release of any recordings on his Amazon Echo device to the prosecution. Mr. Bates is represented by Kathleen T. Zellner and Douglas H. Johnson Of the law ?rm Of Kathleen T. Zellner Associates, PC. ELECTRONICALLY FILED Benton County Clrcuil Court Brenda DeShields, Circuit Clerk 2017-Mar?06 13:15:34 O4CR-16-370 019WD02 3 Pages IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS DIVISION 11 STATE on ARKANSAS PLAINTIFF v. CASE NO. CR-2016-370-2 JAMES ANDREW BATES DEFENDANT STIPULATION AND CONSENT ORDER Come now Petitioner Amazon.com, Inc. (?Amazon?), Plaintiff State of Arkansas, and the defendant James Andrew Bates (collectively the ?Parties?), by undersigned counsel, and hereby respectfully submit this Stipulation and Consent Order: 1. On February 17, 2017, Amazon ?led a Motion to Quash a search warrant that was issued as part of the Bentonville Police Department?s investigation into the death of Victor Collins. The warrant requests that Amazon produce any audio recording created as a result of interactions with an Amazon Echo device owned by the defendant and located in his residence. The time period speci?ed in the warrant is the 48-hour period of November 21 ~22, 2015. 2. On March 3, 2017, the defendant, through counsel, consented to Amazon?s disclosure to the State of any such recordings. Later on March 3, Amazon made that disclosure to the State, pursuant to the defendant?s consent. 3. In light of the above, Amazon?s motion shall be dismissed as moot. WHEREFORE, this Court adopts the Parties? Stipulation and the Motion to Quash is moot. That the hearing on this matter set for March 8, 2017 at 1:30pm is he eby vacated. IT IS SO ORDERED. 13 AD KAR N, CIRCUIT JUDGE ENTERED 3~?~x7 By: By: CONSENT ORDER AGREED TO BY: AMAZONCOM, Petitioner Todd P. Lewis Todd P. Lewis Ark. Bar No. 96226 CONNER WINTERS, LLP 4375 N. Vantage Drive, Suite 405 Fayetteville, AR 72703 Telephone: (479) 582-571 1 Facsimile: (479) 587?1426 Email: tiewis@cwlaw.com Laura R. Handman (pro hac vice ?led) John D. Seiver Alison Schary DAVIS WRIGHT TREMAINE LLP 1919 Avenue, N.W., Suite 800 Washington, DC. 200063401 Telephone: (202) 973-4200 Facsimile: (202) 973-4499 E-maii: laurahandman??dwtcom Counsel for Petitioner Amazon. com, Inc. STATE OF ARKANSAS, Plaintiff Nathan Smith Nathan Smith Ark. Bar No. 2007215 Stuart Ceariey 100 Northeast A Street Bentonvilie, AR 72712 Telephone: 479?271-1030 Facsimile: Email: gov Benton Cowzry Prosecutor JAMES ANDREW BATES Defendant Kathleen T. Zellrzer Kathleen T. Zellner, admitted pro hac vice KATHLEEN T. ZELLNER ASSOCIATES, RC. 1901 Butter?eld Road, Suite 650 Downers Grove, Illinois 60515 Telephone: 630-955?1212 Facsimile: 630-955-1111 Email: kathleen.zellner@gmail.com Counsel for Defendant James Andrew Bates