“Judge Melissia R. Mogen CLASHES With Defense Over Cell Phone Evidence Before Burglary Trial”

In this tense final pretrial before a scheduled 5-day speedy jury trial, Judge Melissia R. Mogen tackles major evidentiary fights and deadlines in State v. Kenneth Acterling and State v. Stephanie Acterling — both charged in a serious burglary case.

🔹 Daubert vs. Cell Phone Tower Evidence
– Defense files a Daubert-style challenge to cell-site mapping and AT&T location data, arguing it’s “less than exact” and should require expert testimony.
– The State relies on State v. Cameron, claiming cell-tower mapping can come in as lay testimony and that any issues go to the weight of the evidence, not its admissibility.
– Judge Mogen ultimately denies the motion, finds Cameron controlling in her courtroom, and allows the cell-phone mapping witness to testify – but gives defense extra time to find their own expert.

🔹 Speedy Trial Pressure & Plea Deadline
– This hearing is Judge Mogen’s “drop-dead” final pretrial before a December 1 speedy trial.
– She reminds both defendants: “This is a very serious case… your lives are on the line.”
– Despite the strict schedule, Judge Mogen extends the settlement / plea negotiation deadline to the following week, even offering the defendants the option to withdraw speedy trial if they need more time to bring in an expert.

🔹 Other Key Issues
– Debate over Facebook messages and other communications: are they relevant to this burglary or improper other-acts evidence?
– Judge Mogen signals she’s willing to personally review the messages if necessary and reminds everyone she decides admissibility, not guilt.
– Victim rights, scheduling conflicts, and a busy trial calendar all collide as the court inches closer to jury selection.

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