NICK RHOADES, Applicant, V. STATE OF IOWA, Respondent. IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY Case NO. PCCV1 12123 APPENDIX COMES NOW Applicant, Nick Rhoades, and through his attorneys, Joseph C. and Dan L. Johnston, St?tes the following for his Appendix in support of -. . Motion for Summary Disposition: APPENDIX: Table Of Contents sr-A APPLICATION FOR POSTCONVICTION RELIEF If: ANSWER TO APPLICATION FOR POSTCONVICTION RELIEF ig 'Egg AMENDED APPLICATION FOR PCR, STIPULATION TO AMENDED PIS APPLICATION FOR PCR, 8: ORDER GRANTING AMENDMENT 4 DEPOSITIONOF JAMES METCALF, TAKEN 1l28l2G11 and 2/3/2011 5 AFFIDAVIT OF NICK RHOADES, APPLICANT, 2121111 6 CRIMINAL CASE NO DOCKET, INFORMATION 8: MINUTES OF TESTIMONY I 7 DEPOSITION OF ADAM PLENDL 3 TRANSCRIPT GUILTY PLEA 3. SENTENCE, 5/1/09 (NOT PHYSICALLY INCLUDED DUE TO BULK, BUT LARGELV PRESENT IN APPENDIX EXHIBIT 3 HEREIN) 9 SENTENCING ORDER OF 5/1I2oo9 10 SENTENCING ORDER OF 9/11/2009, 11 AFFIDAVIT DONALD BLACK, MD 12 AFFIDAVIT COLLEEN BREMS, ARNP 13 CORRESPONDENCES JAMESIMETCALF REGARDING PRODUCTION OF ADDITIONAL BILL IN FILE IA EXHIBIT (A) PROM DEPOSITION JAMES METCALF, PARTIAL BILL 15 EXHIBIT (B) PROM DEPOSITION OF JAMES METCALF, JAMES FILE (NOT PHYSICALLY INCLUDED DUE To BULK) IS EXHIBIT (C) FROM DEPOSITION OF JAMES METCALF, MEDICAL RECORDS (EXCERPTED IN RELEVANT PORTION) 1'7 ORDER RECEIVING SENTENCING LETTERS, 7/2712009 (EXCERPT PROM APPENDIX EXHIBIT 15 HEREIN). IS AFFIDAVIT OF JEFPEREY MEIER, MD a 1 Ph. Fax: if gufsfeph c. Glazebrook AT 0010193 iazebrook 8: Moe, LLP 1123 Se 52., Ste. 101 Des Moines, 50309 s15~259~1110 Ph. .-I I 0a5 L/ifohnston AT0010420 Glaze-brook Moe, LLP 118 SE st., Ste. 101 Des Moines, EA 50309 - Fax. SERVICE The 0 "net: certifies that the toregolng Instrurnartt sewed all parties to the above cause to each of gihf 3 of r0c::r:J herein 302110 disc Gee C. r-em . . - - By: U.S.M8B 'ax [3 Handneivam signers. 1, 82! 22f2i-311 1 15:61 131e"mWa44s BF PAGE 34 OF NICK mega 1. 2. 3. Myname Ireside in IowainBren1cr County. Ipreviously sigmd:mafiidavitdatedMa1x:h 10, 2010, whichismhedto my ofignal Application for Reliefi. I reconsidered semenoe on September 11, 2009 lifetime parole, and DNA testing. 11,2009,hedidsoatthe exprensolyjectimz prosecufingatmrney, Assismmcounty Attorney who imposedonhday 1, 2009. Whenlmgedin sexual amivity with Adam Plendl. no iranmmiozx ofHIV-infected thatl engagedinwithmr. Plend1,noir_1fectedbedily fluidsoouidbeuanmittedto Adam P1e11dl's body. 15:81 131%, .3449 CITY BF PAGE-I 10. Mr. Fiend] pfiavidead me with his press:-ipticamonly medication oafled Adderall, used for attmtion deficit disorder. I asked Mr. Metcalfto pursue fiis a? apoint afdefinse, but he neglwtedtodoso. 11. Tasks Mnmetcaiidid notperform in my case despite my requesting him to do so innludx: but am not limitnd to: a. Ensuzethattheprocws ofthePSIwaspmper1y manna: ofa um serum. Explain the PSI md go over any inaccuzacies with me. o. Expwm the fun consequenam ofmy pomtial seniaence, including the realistic possibility of a 25 year sentenee, lifetime sex-omdcr registry requirements (including we inability I ta mi andthe life regmding my sexual feeling and history. (1. victim afiermy case). rave} to the University of Iowa Hospiwls and Clinics in Iowa City to: meet with me whfle: I was incamemted Septemlm 2008 (the hegfi cf my case). f. Rmuestlsumm and review Mam Pienfis mental health and medical rewards in considering potential dcfenses. g. Obiainleiters orotherwitmsses' fim solicited and obtained by my mother and provided to Mr. Mewalf prior to my initial sentencing. CITY OF PM-BE 86 11. Researohthe science related to rev in general, how it is transmitted. i. Fully research my particular health mole, both mental and physical. 5. Complete the deposition of Adam Plendl. Make any efiort to obtain, viewllisten any evidence available inthis case including audioreootdingallegedly taken between Adam Plendl and me. 1. Review the lawfulness by the Cedar Falls Police ottoman: whenthey seamhed my Home and took a sample of my blood. 12. Mr. Metcalf did not obtain a deferred judmont in my case, despite alluding to that oulaeome in his deposition on multiple oecmions. 13. When considering whetherto plead guilty to this crime, Mr. Metcalfdid not explainthe elements of the crime to me, especially the element of "wging in intimate oomct." I-lad Mr. Metoalfeamlaioed the statutory definition offinflm connect" to me, I would nothuve agwdto plead guilty because my actions did not constitute the legal definition of""in51ma:te contact." I assumed the colloquial definition offinfim contact" was meant when Mr. Metcalf explained the elements. 14.. wilh Adammendl as defined inthe stottutebecause I never intenfionally exposed my body fluids to his body in a mnne: "in which it is/was possible to ommt mv. '1/{Iain Ni?k 0. Rhoadw State of Iowa ss cw: arr .13 meg ca? 15:81 County ofBtemer Siwed and swornto before me onthc 22*" day of February, 2011 by 9.1.: 'h - ?gag) otary Public, Stale oflows; 0 8 Triai Case Details iOf5 Filings Title: VS NICK CLAYTON RHOADES Case: 01071 FECRI55500 (BLACK HAWK) Citation Number: Event Filed B3: NOTICE CLERK OF COURT Comments.' VICT REST PIF CVAP OTHER ORDER GEER TODD A 99 Comments.' PP BEG 11-1-9 COURT ORDERED PAYMENT PLAN ORDER TO APPROVE HARRIS BRADLEY RESTI I I ION JOHN WebApp/TViewFi iings Filed 11/17/2009 10/28/2009 10/27/ 2009 10/ 26/ 2009 Create Date 1 1/17/2009 10/28/2009 10/27/2009 10/27/ 2009 C0mmem's: DCS PLAN OF PMT BEG 11-6-09 VICT $280 -OTHER APPLICATION RI-IOADES NICK - CLAYTON Comments.' FOR PAYMENT PLAN DNU--COURT DEBNER JULIE A REPORTER CERTIFICATE DNU-COURT DEBNER JULIE A REPORTER MEMORANDUM COURT REPORTER DEBNER JULIE A NOTES 09/29/ 2009 09/14/2009 09/14/2009 09/14/2009 09/30/2009 09/ 14/ 2009 09/ 14/2009 09/14/2009 Comments: 1/2 DAY 1 PACK (B HARRIS) RECONSIDER SENT COMPUTER GENERATED NOTICE Comments.' FINAL NOTICE OF PAST DUE COURT FINE AND COSTS - OTHER ORDER HARRIS BRADLEY JOHN Comments.' RECONSIDERATION OF SENTENCE IS GRANTED. DEFT PLACED ON PROBATION 5 YRS 09/ I 1/2009 09/1 1/2009 09/1 1/2009 09/ 14/2009 Last Ugdated 1 1/ 17/2009 10/28/2009 10/29/ 2009 10/27/2009 09/30/2009 09/14/2009 09/ 14/2009 09/ 14/2009 09/1 1/ 2009 09/14/2009 Action Date 2/23/20} 2:43 PM Trial Case Detaiis Filings RESTITUTION BLACK HAWK 09/10/2009 09/14/2009 09/14/2009 LETTER COUNTY ATTORNEY Comments.' CVAP $300 RETURN OF SERVICE BLACK HAWK 09/ 10/2009 09/11/2009 09/ 1 -- OTHER COUNTY SHERIFF commem TRANSPORT .. NRHOADES PROGRESS REPORT 09/03/2009 09/03/2009 09/03/2009 Comments." IN CONFIDENTIAL ENVELOPE OTHER ORDER HARRIS BRADLEY 09/03/2009 09/03/2009 09/03/2009 JOHN Comments.' PLACE COPIES IN CONFIDENTIAL FILE ORDER HARRIS BRADLEY 08/ 1 08/11/2009 08/11/2009 JOHN - Comments: PROGRESS REPORT ORDERED ORDER FOR HARRIS BRADLEY 08/10/2009 08/ 10/2009 08/10/2009 TRANSPORTATION JOHN Comments.' BHCS TO TRANSPORT DEFT FOR RECONSIDERATION HRG ON 9-11-9 MOTION METCALF JAMES 07/28/2009 07/29/2009 07/29/2009 Comments: FOR RECONSIDERATION OF SENT . OTHER ORDER HARRIS BRADLEY 07/27/2009 07/27/2009 07/27/2009 JOHN Comments: COPIES LETTER SHALL BE PLACED IN PSI ENVELOPE COPIES TO COUNSEL OTHER EVENT BLACK HAWK 06/ 19/2009 06/ 19/2009 06/ 19/2009 COUNTY SHERIFF Comments.' CERT OF TIME SERVED 220 DAYS COMPUTER 05/17/2009 05/ 17/2009 I 05/ 17/2009 GENERATED NOTICE - Comments: FINAL NOTICE OF PAST DUE COURT FINE AND COSTS RETURN OF SERVICE BLACK HAWK 05/1 05/11/2009 05/ I 1/2009 - OTHER COUNTY SHERIFF Comments.' TRANSPORT - N.RI-IOADES II 2 of5 2/23/20} I 2:43 PM Trial Case Details 3of5 OTHER ORDER HARRIS BRADLEY 05/05/2009 JOHN Comments.' VICT WITNESS REMAINS SYRS 5/ 1/2014 ORDER OF HARRIS BRADLEY 05/01/2009 DISPOSITION JOHN DNU-COURT DEBNER IULIE A 05/01/2009 REPORTER CERTIFICATE COURT REPORTER DEBNER JULIE A 05/01/2009 NOTES Comments.' 1/2 DAY 1 PACK (BI-I) PLEA SENT DNU-COURT DEBNER JULIE A 05/01/2009 REPORTER MEMORANDUM PRE SENTENCE DEPARTMENT OF 05/01/2009 INVESTIGATION CORRECTIONAL REPORT PSI SER VICES ORDER FOR ZAGER BRUCE 03/03/2009 CONTINUANCE Comments: 5-1-9 10:00 . PRE-TRIAL GEER TODD A 02/17/2009 CONFERENCE C0mments.' FP 3-2--9 3:30 PRE-TRIAL LEKAR KELLYANN 12/ 16/2008- CONFERENCE (DNU) C0mmem's.' IPTC 2-13-9 9:30; TR 2-17-9 9:00 WAIVER OF SPEEDY METCALF JAMES 12/16/2008 TRIAL PRE--TRIAL ZAGER BRUCE 11/25/2008 CONFERENCE Comments.' TR REMAINS AS SET ORDER SETTING STIGLER GEORGE 10/21/2008 TRIAL 05/05/2009 05/01/2009 05/01/2009 05/01/2009 05/01/2009 05/01/2009 03/03/2009 02/ 1 7/2009 12/ 16/2008 12/ 16/2008 11/25/2008 10/22/2008 05/05/2009 05/0 1/ 2009 05/ 0 05/01/2009 05/01/2009 05/01/2009 03/03/2009 02/ 1 7/2009 12/16/2008 12/ 16/2008 11/25/2008 10/22/ 2008 Comments.' IPTC 11/24/08, FPTC 12/12/08, TR 12/16/08, 9AM. ings 2/23/20} I 2:43 PM Trial Case Detaiis Filings 40f5 APPEARANCE COMPUTER GENERATED NOTICE Comments.' ADMINISTRATIVE ORDER RE DISCOVERY METCALF JAMES 10/ 16/2008 10/16/2008 10/ 16/2008 LEKAR KELLYANN 10/13/2008.10/13/2008 10/13/2008 Comments.' REMAINS AS SET ORDER FOR STIGLER GEORGE 10/ 10/2008 10/ 10/2008 10/ 10/2008 ARRAIGNMENT Comments.' 10/20/08 10 AM TRIAL INFORMATION STIGLER GEORGE 10/08/2008 10/09/2008 10/09/2008 OTHER ORDER 10/ 1 6/ 2008 10/ 1 6/2008 10/ 1 6/ 2008 OTHER ORDER MOOTI-IART 10/03/2008 10/03/2008 10/03/2008 JOSEPH Comments.' REMAINS AS SET HEARING FOR BAUCH JAMES 10/01/2008 10/01f2008 10/01/2008 INITIAL APPEARANCE Comments.' BOND 150,000. Cf S. WILL EMPLOY METCALF. PH 10 8 08, 4PM WARRANT SERVED BLACK HAWK 09/3 0/2003 09/3 0/2008 09/30/2003 COUNTY SHERIFF OTHER ORDER LEKAR KELLYANN 09/16/2008 09/16/2008 09/16/2008 (DNU) Comments.' UIHC TO CONTACT CFPD WHEN DEFT DISCHARGED TO TAKE DEFT INTO A CUSTODY ON WARRANT RETURN OF SERVICE CEDAR FALLS 08/05/2008 08/05/2008 0005/2003 - OTHER POLICE DEPARTMENT Comments: FOR CO ATTY SUB RE: I WIRELESS OTHER ORDER FAUTSCH 08/05/2008 03/05/2003 03/05/2003 LAWRENCE CommentsWIRELESS OTHER APPLICATION FANGMAN LINDA 08/05/2008 08/05/2003 08/05/2008 Comments.' FOR CO ATTY SUB RE: I WIRELESS 0/ 2/23/20} 1 2:43 PM Trial Case Details Filings 5of5 ESAWebApp/TView Filings NO CONTACT ORDER LEKAR KELLYANN 07/30/2008 07/30/2008 (DNU) Comments.' VICT WITNESS NOC0 (JOHN DOE) CRIMINAL CEDAR FALLS 07/30/2003 07/soxzoos 07/30/zoos COMPLAINT POLICE DEPARTMENT Comments.' CR TRANSMISSION IMMUNODEFICIENCY VIRUS ARREST WARRANT RI-IOADES NICK 07/30/2008 07/30/2008 09/30/2008 CLAYTON Comments.' (KELE) ORDER TO ISSUE LEKAR KELLYANN 07/30/2008 07/30/2008 07/30/2008 WARRANT (DNU) Comments.' BOND TO BE SET AT IA CNmJohn E9999. Ewsisfy -I Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you may he become a subscriber by registering at this time. There is a $25.00 per month subscription fee. . For exciusive use by the Iowa Courts (C) State of Iowa, All Rights Reserved 2/23/201 1 2:43 PM 9 was Mi'! It it 'fl37S'' We rm' IN THE IOWA DISTRICT COURT 1N AND FOR 7f4s_.g COUNTY 1'6fl9Flh'i'-I PH I1 1&6 . E: fig; E3 - 53- "vi co Plaintiff, 1 No. 5-5'5'5' 00 gfigzg 3. 3 vs. . 1 Larva" . 1 GUILTY PLEAISENTENCE Defendant. APPEARANCES: for the plaintiff. for the defendan . Lam my VSE A On this (ndant 0 appears in open court withzvithout counselfin Writing and withdraws 1s/her pr%% entered plea of not guilty and enters a plea of guilty to the offense of: 5: if M570 'q?Fpc 111 V10 anon ecttofis c: as charged in the trial information. The court finds the plea to have been intelligently and voluntarily entered and to 7 have a factual basis. The defendant waived hisfher right to time for sentencing and waived hisfher right to file a motion in arrest of judgment and re nested the court to proceed to immediate sentencing. The court now concludes that no egal cause has been shown or appears of record why judgment and sentence should not now be pronounced in this matterTHE SENTENCE ursuant THE COURT as follows: 1. Defendant is fined in the amount of plus a 32 percent surcharge plus court costs to be paid as follows: an 2. Defendant _is to be incarcerated in the of the state Department of Correctrons for a term of not to exceed 5' . 13:1-l--bIft Credit is grven fc for prevrously served. 3. te program 1 'ng. - The defendant shall not co successfully complete the Firs substance abuse evaluation aluatlon and file the same with court by the 20 The defendant shall co et_e an approved course drinking drivers as with the court a certificate mpletiou Trans ortation all revoke the endant's driving privileges for a peri>> of aysl s. 5. RESTITUTION: gm Mfifi . 6. COURT-APPOINTED ATTORNEY FEES: Defendant is to 'reimburse the state for monies expended on his behalf to his court-appomted counsel. Said amount IS to be paid as outlined in paragraph 1 above. a 7. OTHER: 9,933.12. arm' .7 .. 4,41% rn~M>>~3o/ . . Defendant was informed of his right to appeal. Bond on appeal IS set in the amount of /5949'. (29.9; cash or corporate surety. This sentence is appropriate for the following reasons: Defendants age, history, family and employment situation, nature of this offense, plea agreement, . a . . - Upon satisfaction of this order and judgment of the court, defendants bond is released and sureties exonerated. Dated ,2oojf. Bradley J. Harris, Jud First Judicial District of Iowa - Copies to: Counsel Court Administrator Defendant Clasps i GET. 5. F1. 39'; our 1- i.-THE IOWA IN AND FOR BLACK HAWK smile' OPY eel': ii Fii3=l3 THE STATE OF-Iagflfizs WRIST CASE No FECR15550 F1 coom's'- . ggfnot; MW ?3 1 vs. 1 fiwreet I A9 .5 NICK CLAYTON RHOADES. 1 0213511 Dmam Defeodent. gig Aime . Be it remembered that on this 11*' day of September, 2009, came before the court on defezodanfis Mofion for Reoonsidexazioo of Sentence. Defendani appeared in person wit}: his attorney James Metoalf. State of Iowa was represented by assistant county attorney Linda Faognan. Upon egeement of the parties the court considered letters received oonoerning this matter, a report regarding the V'ict:'m:1's herein medical condition, a letter from the victim herein and a court pi-ogess report which was filed herein on September 3, 2009. Arguments were made by both parties. In review of the following and for the reasons stated on the record, IT IS HEREBY ORDERED: 1. That defendamfs sentence entered hexein on May 1, 2009, is hereby . reconsidered. It is the judgment and sentence of this court that defendant is to be incarcerated by the director of the State Department of Corrections for a term not to exceed 25 years. All of said sentence is suspended and defendant is placed on probation to the Department of Coxreetional Services for five years on the probation continuum. 2, As special conditions of probation, defendant shall continue to take all prescribed medication for his mental health issues and AIDS. The no contact order previously entered herein is hereby continued for a term of five years. As a oondition of probation defendant shall have no contact with the victim herein. 3. That portion of the co-urt's original sentence which placed the defendant on lifetime parole pursuant to Section 903B.12 is hereby vacated. 4. Defendant shall be gven credit for all time previously served herein. The clerk shall provide copies of this order to attorneys of record and DOC. i fl/4.. Bradley Judge [order 6160-irontcaily filed] First Judicial District of Iowa Dated Sepiember 11, 2009. I, Donald W. Black, MD, being duly sworn 2. 10. 11. 12. AFFIDAVIT under oath state the following: My name is Donald W. Black. I reside in Johnson County, iowa. I am a Medical Doctor (MD) with a specialty in I am a staff at the University of Iowa Hospitals and Clinics and am a professor of at the University of Iowa Roy J. and Lucille A. Carver College of Medicine. I am licensed by the Iowa Board of Medicine. I presently work at the University of Iowa Hospitals and Clinics in Johnson Iowa. Nick Rhoades was my patient for approximately four weeks in 2008 after a warrant was issued for his arrest for "Criminal Transmission of I began seeing him on or about August 29, 2008. Nick Rhoades has been diagnosed with Bipolar Disorder Type It and suffers from Depression. I had occasion to observe and treat Nick Rhoades for over four weeks prior to his arrest and transfer to the Black Hawk County Jail in Waterloo, Iowa. At the time of his discharge, Nick was prescribed/taking Lamictal, 75mg twice-daily, a pharmaceutical drug used to treat Bipolar Disorder (for mood stabilizing). Based on my observation of Nick Rhoades prior to his discharge on September 29, 2008," Mr. Rhoades was still severely depressed and I recommended suicide precautions. Mr. Rhoades reported use of aicohol along with a prescriptiomonly pharmaceutical called Adderall during the incident leading up to his arrest. He stated this drug was provided to him by Adam Plendl. Records indicate that Mr. Rhoades' recreational drug use often coincides with his boots of depression. 13. While did not personally observe Mr. Rhoades at the time of the events leading to his arrest in 2008, it is possible that Mr. Rhoades' behavior the night in question was affected by his mental health condition. Patients with Bipolar Disorder often use poor judgment when their mood is unstable. 14. in my experience, the combined use of recreational drugs, prescription Adderal, and/or alcohol are detrimental to the mental health and well being of persons with Bipolar Disorder. The use of such substances tends to compound the challenges that Bipolar patients such as.Mr. Rhoades already faces. As the amount of drogslalcohol consumed are increased, the ability to use good judgment significantly decreases. 15. While I cannot speak to Mr. Rhoades' state of mind on the night of the events leading to his arrest, based on my general experience, i believe Mr. Rhoades' mental health disorder, in combination with recreational drugs/prescription Adderall, and alcohol, may have contributed to a diminished capacity to think clearly. and understand what he was flm??/M/L /3 l/ Donald w. Black, MD doing. State of Iowa ss County of Johnson Signed and sworn to before me on the I day of February, 2011, by Donald W. Will it lilili; Notaty Public, State of lbwa Black, MD. sfm-uNi?LnmMiem V, comneeonnumiaer .lanuarir10.201Ii AFFIDAVIT I, Colleen Brems, being duly sworn under oath state the following: 1. 2. 10. 11. My name is Colleen Brems. I reside in Johnson County, Iowa. I am an Advanced Registered Nurse Practitioner. I am licensed by the Iowa Board of Nursing. I presently work at University of Iowa Hospitals and Clinics in Iowa City, Iowa. Nick Rhoades has been one of my patients and was my patient in 2008 at the time of his arrest. I began seeing him on or about summer of 2004. Nick Rhoades has been diagnosed with Bipolar Disorder Type II and suffers from Depression. I had occasion to see Nick Rhoades in approxirnately May of 2008. At that time, Mr. Rhoades seemed to be feeling better after having suffered a bout of severe depression approximately 1-2 months prior. At that time in May, 2008, Nick was taking Lamictal 50rng, a pharmaceutical drug used to treat Bipolar Disorder (for rnood stabilizing). I also had occasion to see Nick Rhoades after a warrant for his arrest was issued in 2008. He was an in--patient on a mental health unit (lJ PW) at the University of Iowa Hospitals and Clinics While he recovered from another suicide attempt in context of severe depressive episode. Based on my observation of Nick Rhoades in the past prior to August of 2008, Mr. Rhoades does become severely depressed and suicidal on occasion. 12. Sometimes, Mr. Rhoades would use recreational drugs as a means to alter his mood. 13-. Mr. Rhoades' recreational drug use often coincided with his bouts of depression. 14. While I did not personally observe Mr. Rhoades at the time of the events leading to his arrest in 2008, it is significantly possible that Mr. Rhoades' behavior the night in question was affected by his mental health condition. 15. In my experience, use of recreationalndrugs is generally unhelpful for Mr. Rhoades' mood and/or mental health status. The use of such substances tends to compound the challenges Mr. Rhoades already faces. 16. While I cannot speak to Mr._Rhoades' state of mind the night of the events leading to his arrest, in my general experience, Mr. Rhoades' mental health conditions, in combination with recreational drugs and alcohol, sometimes diminishes his ability to think clearly and appreciate the consequences of his actions. 5 .. Colleen Brerns, ARNP State of Iowa ss County of Signed and sworn to before me on the mg day of February, 2011, by Colleen Brerns. JRY SMITH "it Commission Number 757595 awea Notary Public, Sz?tt owa azebro e' Joseph C. Glazebrook, Partner 4% I A Brendon D. Moe, Partner A tt0r'neyS at Law Dan Llohnston, Of Counsel February 7, 2011 James Metcalf 318 E. St. Waterloo, IA 50703 Re: Billing Records Dear Mr. Metcalf, I truly appreciate your presence at last week's deposition in Rhoedes v. State. As discussed during the deposition, please send any billing records your office has retained in relation to--Nicl< Rhoades' case to my office. I thank you for your efforts to provide me with the documents I have requested. I 118 SE St., Suite 101 - Des Moines, Iowa 50309 Telephone: (515) 2594110 - Fax: (-515) 259-1112 bill Outiook Web Access Light Iofi bin 3oseph Glazebrook Sent: Tuesday, F?bmary 3.5, 2011 11:37 AM ?1b: fimfimomumybu Mr. Metcalf, were you able to locate the remaining bill the Rhoades file? you could sent it to my office as soon as possible. Thanks, Joseph Glazebrook Glazebrook Hoe, LLP 118 SE 4th St., Ste. 101 Des Moines, IA 50309 ph. 515--259~1110 fax. 515--259~1112 g1azebrookmoe.com I would appreciate it if 2123/ I 1 1:50 PM RHOADES Page 14 Amount 12/10/08 Call from Client 030 5550 'l85.00!hr Prepare for Depositions 120 22309 185.00Ihr Call from County Attorney 039 55,59 185.00lhr Review Jordan Brown's Statement 0,30 55,50 185.00!hr Call from L. Phillips 0,30 5550 185.00/hr Phone Larry Phillips A 0.10 18.50 185.00fhr '12/1 1/08 Call from Client 020 37.00 185.00/hr Phone Jail 020 37.00 'l85.00fhr Phone County Attorney 0.20 37.00 185.00/hr 12/12108 Meet with County Attorney and Court 0.20 37.00 185.00lhr Attend Pretrial Hearing 92.50 . Confer with Family 5 I0 (5 18g.'3gm 129.50 5 A . I 0 12114103 Meet Client at Jail 129-50 12118/08 Phone Court Administration 18%-glam 3790 . NECK RHOADES Page 15 Hrs/Rate Amount 12H 6/08 Phone County Attorney 0.40 74.00 . 135.com: Review new correspondence 0.10 18.50 1851.00lhr 5 Phone-.JeiI 0.10 18.50 185.00lhr 12/17/08 Call from Client 020 37.00 Review new correspondence to file 0.10 '1 8.50 1 85.00111? For professional services rendered 1 53.40 $9.379-00 8I1 1108 Payment of retainer fee>> thank you. Check No. 1544 1 Payment - thank you. Check No. 12426 ($1545.50) Total payments and adjustments 1 Balance due $3,333-5? 4' at-0 Sewzaef/Dsaounwao #333, 3,520. g? 5:2 /Uowrie Awfi U5: ieeumes %am?.I7 aw} fl" 30 .- -:'Msc Visltology 3 nospztar 3? . |Naa1e Rhca<' Vick C. . 07l21Jb<<-I4 33YRs 7122:os'12:p6 mun" 26024234 ocL1N 5 . Asnofiefifaiahve - KAI) and appropriate afiect, no in the neck or occipital area. No thrush or lesions i I aoteefal" clear-to auscultation. Regular cardiac rhyfinn without rubs or munnurs. Gait and station a Data . - indicators: ++-W-critical above normal; -- critical below normal; 'e above normal -- abnormal alpha; please review; otherwise outof normal range 14/260812150 Specimen Accessi-on#: 08-135-2261 . i_ PCR 400 CPM 05/-1412008' 12:50 Specimen Accession#: 08- 135-2220 - (2.63 -- 2045) 0124.. 20% - ;the_rapy' monitoring: Check CD4 and HIV RNA. 2) Bipolar disorder: Managed by Colleen Brains, 1 'l notes discomfort beginning in rectal area. Add acyclovir 400 mg tid for 5 days. 4) return to GI Surgery for followup. S) Headaches and visual fatigue: Ophthalmology referral . maintenance: Encouraged 'dental exam. Hepatitis A #1 today. - KAD u' 3 Davis, ARNP /Electronically Signed 05il6/2008 7 PR, (PCP) as/wzoos 15:12 I . aosparamanc comes 1 riospttaui |Nsnie -- Rhoex' iick Isirnnate/Ag- . 0'7/2lihr14 33YRs A A. 26024392 OCLIN I 36 . 33 male last seen li2f08 see previous pic - CSB . vol - 2 . as 10:58 A (EPZICOM): TABLET, 1 TAB strength, take 1 tab ORAL -daily AIDS is (REYATAZ): CAPSULE, 300 MG I 1 CAP strength, take 300 mg ORAL -daily aids 7 TABLET, 0.5 MG 1 strength, take 0.5 mg ORAL <<-113 pm er 0.5 1 TAB strength, take 1 reg .A 2 (NIZORAL): CREAM, 2 strength take Apply -BID sehemheie dermatitis .(LAMICTAL): TABLET, 50 MG I 1 TPOR strength, take 1 tab ORAL -BID mood' . CAPSULE, 2 1 CAP strength, take 1 -2 ORAL -every day pm diaxrhea 7 TABTBT, 10 MG I 1 TAB strength, take 10 mg ORAL <