MOTION FOR RELEASE/ ROSENAU- 1

CR06-157MJP PLATT & BUESCHER 

 Attorneys at Law 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

 Chief Judge Marsha J. Pechman 

 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

HENRY C. ROSENAU 

 Defendant. 

NO. CR06-157MJP 

MOTION FOR RELEASE OF 

DEFENDANT PENDING TRIAL 

Note On Motion Calendar: 6/1/2012 

 

 The DEFENDANT, by and through his counsel of record, Craig A. Platt, hereby files this 

Motion for Release of Defendant Pending Trial pursuant to 18 U.S.C. §3142 and respectfully 

requests that this Court issue an order releasing Mr. Rosenau pending his second trial. 

 18 U.S.C. 3142(g) provides several factors that the Court must take into consideration 

when determining whether to release the accused. Such factors include the weight of the 

evidence against the person; the history and characteristics of the person including the person’s 

character, physical and mental condition, family ties, financial resources, criminal history, and 

record concerning appearance at court proceedings, and other factors. 18 U.S.C. 3142(g). 

A. Weight of the Evidence Against Mr. Rosenau 

“Nothing in [18 U.S.C. §3142] shall be construed as modifying or limiting the 

presumption of innocence.” 18 U.S.C. 3142(j). As the Court is well aware, Mr. Rosenau stood 

 P.O. Box 727 

 Coupeville, WA 98239-0727 

 Phone: (360) 678-6777 

 Fax: (360) 678-0323

Case 2:06-cr-00157-MJP Document 156 Filed 05/21/12 Page 1 of 4
MOTION FOR RELEASE/ ROSENAU- 2

CR06-157MJP PLATT & BUESCHER 

 Attorneys at Law 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

trial for approximately two weeks. Despite the government’s evidence, the jury was unable to 

reach a verdict. This reveals that a reasonable mind, when presented with all of the evidence, 

can come to the conclusion that the government cannot prove its case against Mr. Rosenau. The 

court should carefully consider this factor upon determining whether Mr. Rosenau should be 

released pending trial. 

B. Physical and Mental Condition 

Mr. Rosenau suffers from diabetes and requires special care for this disease. Moreover, 

Mr. Rosenau has lost a substantial amount of weight during his detention and has aged 

significantly. Mr. Rosenau’s physical and mental health will be further protected if Mr. Rosenau 

is released pending his second trial. 

C. Family Ties 

Mr. Rosenau maintains a close relationship with his daughter Jaclyn Gagnon and his sonin-law Jonathan Gagnon. Mr. Rosenau also has grandchildren. Mr. Rosenau is also married to 

Judi Rosenau. 

D. Financial Resources 

As a result of Mr. Rosenau’s detention, his family has endured a substantial amount of 

physical, mental, and financial stress. Moreover, Mr. Rosenau’s daughter and son-in-law, 

Jonathon Gagnon, have had to handle a substantial amount of Mr. Rosenau’s financial and 

personal responsibilities. This is in part due to the fact that Mr. Rosenau’s wife, Judi, suffers 

from arthritis and is oftentimes ill. 

Since Mr. Rosenau’s detention, the Gagnons have been required to cover most of the 

costs of Mr. Rosenau’s land taxes and property insurance. Judi Rosenau cannot afford to cover 

these expenses without Mr. Rosenau. Mr. Rosenau’s property in Quesnel, British Columbia is 

also in jeopardy of being repossessed by a bank this summer. If this occurs, Mr. Rosenau’s sonin-law will be required to take a substantial amount of time off of work in order to remove the 

Rosenaus’ belongings from the property. This will result in the Gagnon’s losing approximately 

four-hundred dollars a day and additional costs associated with hiring a moving company, 

renting moving trucks, and other machinery necessary for the removal of the Rosenaus’ 

belongings. These expenses and costs will result in further financial hardship on Judi Rosenau as 

well as the Gagnons. 

 P.O. Box 727 

 Coupeville, WA 98239-0727 

 Phone: (360) 678-6777 

 Fax: (360) 678-0323

Case 2:06-cr-00157-MJP Document 156 Filed 05/21/12 Page 2 of 4
MOTION FOR RELEASE/ ROSENAU- 3

CR06-157MJP PLATT & BUESCHER 

 Attorneys at Law 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

Additionally, Mr. Rosenau currently has a variety of bills and loans that must be paid. 

Judi Rosenau may be forced into bankruptcy if she is required to make payments on such bills 

and loans as it is not possible for the Gagnons to cover such expenses. 

The expenses and financial hardships endured by the Gagnons and Judi Rosenau as a 

result of Mr. Rosenau’s detention has had a substantial impact on Judi Rosenau and the 

Gagnon’s financial well-being, marriage, family life, and work. Overall, the release of Mr. 

Rosenau pending his second trial will serve to alleviate his family from such financial and social 

hardship. 

E. Criminal History 

Mr. Rosenau has never been convicted of a crime. 

F. Record Concerning Appearance at Court Proceedings 

Mr. Rosenau has faithfully appeared at all court proceedings since 2005. Mr. Rosenau 

travelled from Canada to be at all court proceedings in this matter and will remain fully 

compliant. 

 

For the reasons stated above, the Defense respectfully requests that Mr. Rosenau be 

released pending his second trial. 

DATED this 21st day of May, 2012. 

Respectfully submitted, 

 PLATT & BUESCHER 

 s/Craig Platt_______________ 

 Craig Platt 

 Attorney for Defendant 

 WSBA #12396 

 P.O. Box 727 

 Coupeville, Washington 98239-0727 

 Telephone: (360) 678-6777 

 Fax: (360) 678-0323 

 Email: craig@plattbuescher.com

 P.O. Box 727 

 Coupeville, WA 98239-0727 

 Phone: (360) 678-6777 

 Fax: (360) 678-0323

Case 2:06-cr-00157-MJP Document 156 Filed 05/21/12 Page 3 of 4
MOTION FOR RELEASE/ ROSENAU- 4

CR06-157MJP PLATT & BUESCHER 

 Attorneys at Law 

 P.O. Box 727 

 Coupeville, WA 98239-0727 

 Phone: (360) 678-6777 

 Fax: (360) 678-0323

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

CERTIFICATE OF SERVICE 

 I hereby certify that on 5/21/2012, I electronically filed the foregoing with the Clerk of 

the Court using the CM/ECF system which will send notification of such filing to the attorney(s) 

of record for the Government. 

 s/Jill Ogren_______________ 

 Jill Ogren 

 Legal Assistant 

 Platt & Buescher 

 P.O. Box 727 

 Coupeville, Washington 98239-0727 

 Telephone: (360) 678-6777 

 Fax: (360) 678-0323 

 Email: craig@plattbuescher.com 

Case 2:06-cr-00157-MJP Document 156 Filed 05/21/12 Page 4 of 4