Filing # 71382409 E-Filed 04/29/2018 12:50:37 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CRIMINAL ACTION STATE OF FLORIDA CASENO: —18-C) ws. 0 LOIS ANN RIESS, 000163 -() MOTION FOR PRETRIAL DETENTION THE STATE OF FLORIDA moves this Court, pursuant to Fla, R. Crim. P. 3.121 and Florida Statute Section 907.041 to detain the Defendant in this cause and to issue its order directing that the Defendant be committed to the custody of the Sheriff of Lee County. ‘As grounds herefore, your movant would show: 1. ‘The Defendant has been charged with, among other things, the enumerated dangerous crime of homicide under Florida Statutes Section 907.04 1(4)(a) 2. ‘The attached warrant (Exhibit A) issued by the Circuit Court, 20" Judicial Circuit of Florida contains the necessary probable cause for the offenses 3. The defendant is a transient person from Minnesota and has no tics to the State of Florida. In fact, the Defendant is wanted by the State of Minnesota, |. . The Attached swom affidavit of Detective David Foraker (Exhibit B) establishes that there is that there is a substantial probability that the defendant committed the erime, that the factual circumstances of the crime indicate a disregard for the safety of the ‘community, and that there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm fo persons in accordance with Florida Statutes Section 907.041(4)(¢)5, The State reserves further evidence and argument for hearing. chnh Page |BY: STEPHEN B, RUSSELL STATE ATTORNEY Hamid N. Hunter Assistant State Attomey Florida Bar Number 0194468 2000 Main Street, 6th Floor Fort Myers, Florida 33901 (239) 533-1330 eService: ServiceSAO-LEE@sa0.cjis20.0rg, CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished to bby United States Mail/Hand Delivery/Electronic Transmission this April 29, 2018. inh Hamid N. Hunter Assistant State Attorney Florida Bar Number 0194468 2000 Main Street, 6th Floor Fort Myers, Florida 33901 (239) 533-1330 eService: ServiceSAO-LEE@s20.cjis20.0rg Page of 2= CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA CRIMINAL ACTION WARRANT TO ARREST 2/28/1962 ‘| yess row, Hair: Blonde Sex: Female Weight: 165 Address: 75859 US Highway 218 Blooming Praitie, MN. 58917 IW THE NAME OF THE STATE OF FLORIDA: TO ALi, AND SINGULAR SHERIFFS AND OTHER ARRESTING I THE STATE OF FLORIDA WiREAs, Detective David . Foraker, Lee County Sheriff's Office, has this day made ‘oath before me, in Lee County, Florida, that Lois Ann Riess, 1. Between April 05, 2018 and April 09, 2018 in Lee County, Florida, did unlawfully, by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, kill and murder Pamela Hutchinson, a human being, by discharging a firearm and shooting her, and the death of the said Pamela Iutchinson was the result of the discharge of the firearm, and during the commission of said offense did actually possess and/or discharge a firearm, and as a result of the discharge did couse death or great bodily harm, contrary to Florida Statute 782.04;775,087(2)(a)3, 2. Between April 05, 2018 and April 09, 2018 in L.cc County, Florida, did knowingly obtain or use, of endeavor to obtain or use, a motor vehicle, the property of another, to wit: Pamela Hutchinson, as owner or custodian thereof, with the intent to temporarily or permanently deprive the owner of custodian of a right to the motor vehicle, or a benefit therefiom, or to appropriate the motor vehicle to the defendant's own use, or to the use of any person not entitled thereto, contrary to Florida Statute 812,014, 3. Retween April 05, 2018 and April 09, 2018 in Lee County, Florida, did knowingly obtain of use, or endeavor to obtain or use, money or property valued at three hundred dollars ($300.00) or more, the property of another, to-wit: Pamela Hutchinson, as owner oor custodian thereof, with the intent to temporarily or permanently deprive the owner or custodian of a right to the money or property, or a henefit therefrom, or to appropriate the money or property to the defendant's own use, or to the use of any person not entitled thereto, conteary to Florida Statute 812.014(1);812.014(2Xe), 4. Between April 05, 2018 and April 09, 2018 in L.ce County, Florida, did willfully and fraudulently create or use oF possess with intent to fraudulently use, counterfeit or fictitious personal identification information concerning a fictitious individual or concerning a teal individual without first obtaining that veal individual's consent, intent to use such counterfeit or fetitious personal identification information for the Exhibit ARE: Lois Ann Riess purpose of committing or facilitating the commission of a fraud on another person in violation of Florida Statute 817.568(9), contrary to the statute in such cases made and provided, and egainst the peace and dignity of the ‘STATE OF FLORIDA. AND it appears to the Court that probable cause for the issuance of this warrant has been shown and the Court being satisfied of the existence of the grounds thereof, NOW, THEREFORE, you are commanded forthwith to arrest the suid Lois Ann Riess and bring her before me or another County or Circuit Judge with jurisdiction to be dealt with according to law. HINHchnh Page 2RE: Lois Ann Riess Bond to be set by First Appenrance Judge Bond set at §, 2S _No Bond Releese on Own Recognizance Given under my hand and seal this {Q&_ day of_Opnie Bate. LEE COUNTY, STATE OF FLORIDA STATE OF FLORIDA VS. LOIS ANN RIESS CHARGES): 1) Second Degree Murder with a Firearm, F.S. 782.04(2);775.087(2)(8)3, Life Felony 2) Grand Theft of Motor Vehicle, F.S, 812.014, Third Degree Felony 3) Grand Theft, F.S. 812.014(1);812.014(2\¢), Third Degree Felony 4) Criminal Use of Personal Identification Information, F.S. 817.568(9), Third Depree Felony Returnable the day of AD, FILED THIS DAY OF Received This Warrant ___ day of _ AD. ~_, and executed it on the Committing to Sail... wyof "ADS, Mileage,sscesese by arresting the within-named and having her Release... now before the Court, _ . Approving Bond, : T ‘Arresting OMficer WITNESS(ES) FOR STATE: Lee County Sheriffs Office Arresting Agency CR#: 18-166137 SAO Warrant #; 2440189 HNH:hnhOFFICE OF THE SHERIFF - LEE COUNTY, FLORIDA A, Ser WARRANT REQUEST AFFIDAVIT BY md Case Number: 18-166137 4 STATE OF FLORIDA IN THE COUNTY COURT vs. LEE COUNTY Lois Ann Riess PATE OF FLORIDA DOB: February 28, 1962 Race: White Sex: Female LKA: 75859 US HWY 218, Blooming Prairie, MN 55917. Detective David Foraker TDi 12-119, whom being first duly sworn, deposes and says that during the 2018, in the County aforesaid, one Lois Ann Riess did unlawfully commit: S.S. 782.04(2) - Homicide 2 Degree F.8.S. 812.014(2c6) - Grand Theft of a Motor Vehicle F.S.S. 812,014(2c2) — Grand theft F.S.8. 817.568(8c) ~ Criminal Use of Personal Identification Exhibit BOFFICE OF THE SHERIFF — LEE COUNTY, FLORIDA WARRANT REQUEST AFFIDAVIT Case Number: 18-166137 ‘There is probable cause to believe this in that: On April 9, 2018, the Lee County Sheriff's Office received a call for a medical assistance al 645 Old San Carlos Boulevard #404, Fort Myers Beach. Upon arrival. deputics made entry into the room and located a limale, later identified as Pamela Hutchinson, a white female with a date of birth of September 1, 1958, in the beginning stages of decomposition with what appeared lo be a defect in her right chest and another defect in her back. The crime scene was specifically contained (o the master bathroom. Detectives located a towel, which had been placed over the decedent's body. A pillow was found underneath the decedent's body, which had a gunshot defect in it and appeared to have soot around the gunshot defect. A bath towel was placed on the floor, outside the bathroom door and shoved up against the void, creating a seal. The decedent's purse was located on the kitchen counter and was found to have been rummaged through. Noticeably missing from the purse was any cash, the decedent's credit cards and driver's license. Due to the nature of the incident, members of the Major Crimes Unit responded to the scene and assumed the investigation. Initially it was not known how or the reasons why Hutchinson expired, however after the arrival of Medical Examiner Investigator Martin, and the decedent was manipulated, it was determined (utchinson was most likely the victim of a homicide, Detective Rawlins authored and executed a search warrant for the room, Further investigation revealed the decedent's vehicle was not in the parking lot and the keys were missing. ‘Therefore, the vehicle was entered into FCIC/NCIC as stolen und a BOLO was disseminated. A review of the video surveillance revealed the decedent had been befriended by an unknown white female. The surveillance further revealed that upon check in at the establishment, Hutchinson has multiple gold rings, credit cards, and a sel of car keys with a key fob, None of the above mentioned items were present on the decedent or located anywhere in the room. The unknown female who befriended Hutchinson bore a striking resemblance to J.ois Riess, a while female with a date of birth of February 28, 1962, who is currently wanted by the Dodge County Sheriff's Office in nesota for felony thefl and her possible involvement in her husband’s homicide. Medical xamincr Investigator Martin again responded and conducted a full examination of the decedent. Two total defects were located, One in the decedent’s right shoulder and the other in the left flank area. The final manner of death was ruled a homicide with the cause being a gunshot wound to the torso with perforation of the heart and gorta. Exhibit BOFFICE OF THE SHERIFF ~ LEE COUNTY, FLORIDA WARRANT REQUEST AFFIDAVIT Case Number: 18-166137 While on scene at Marina Village, Detective Foraker reviewed the video surveillance for any clues that might assist with the investigation. ‘The following is not exhaustive, but rather a sample of the timeline of events, which occurred between Tuesday, April 3. 2018, and Friday, April 6, 2018, between the victim/decedent, Pamela Hutchinson, and suspect, Lois Riess. + April 3, 2018, at 3:44pm, Pamela was observed pulling into the parking lot of the Village Marina in her 2005 white in color Acura TL, bearing Florida tag #Y37IAA. Pamela parked her vehicle and walked in alone, Pamela rescrved the room prior to arriving and used credit card ending + April 4, 2018, at 8:13pm, Pamela was observed walking towards her room with an unknown blonde haired female. The female was later identified as Lois Riess, a white female with a date of birth of February 28, 1962. + April 4, 2018, at 8:48pm, Pamela and Lois were observed walking, towards the elevator together, talking, + April 5, 2018, at 12:47am, Pamela and Lois were observed walking together towards the room. + April 5, 2018, at 3:59pm, Pamela was observed walking towards the clevator alone. At 4:01pm, Pamela was observed walking back towards the room. + April 5, 2018, from 5:15pm to 7pm. Pamela and Lois were observed on video surveillance eating and drinking together at the Smoking Oyster Brewery, located at 240 Old San Carlos Boulevard, Fort Myers Beach, Florida. A receipt documented Pamela paid for her meal and drinks with credit card ending in nuniber Il Lois paid for her meal and drinks using cash. (Vidco of entire incident obtained) * April 5, 2018, at 7:46pm, Pamela and Lois were observed walking back tuwards the room together, This was the last sighting of Pamela alive. + April 5, 2018, at 8:34pm, Lois was observed walking towards the elevator alone. Lois stands at the fourth floor elevator landing area until 8:47pm, then walked back towards the room. During this time, Lois appears distraught, upset, und is possibly crying. + April 5, 2018, at 10:27pm, Lois was observed walking back towards the room with a bag in hand. Exhibit BOFFICE OF THE SHERIFF - LEE COUNTY, FLORIDA WARRANT REQUEST AFFIDAVIT Case Number: 18-166137 + April 6, 2018, al 6:09am, Lois was observed walking towards the elevator with luggage in tow. + April 6, 2018, at 6:14am, Lois was observed walking back towards the room with nothing in her hands. + April 6, 2018, employee, Laurie Russell, said she ran Pamela’s credit cord ending in WEEE co pay for an additional three (3) days. T.aurie advised she received a call carlier from whom she believed to be Pamela, telling her that she had enjoyed her time and wanted to stay longer. Laurie ran the credit card ending in Mifat 8: 5, as documented by the receipt, The ercdit card used for the second room reservation J was different then the credit card used from the first room reservation [EEE Tauri could not be sure if the female she spoke to on the phone was actually Pamela or if it was someone else, + April 6, 2018, al 8:32am, Lois was observed walking dawn the stairwell with a loaded garbage bag, The stairwell had to be used on the morning of Friday, April 6, 2018, due to tepairs being made to the elevator. + April 6, 2018, at 9:21am, Lois was observed returning with the loaded garbage bag to the fourth Moor and walking towards the room + April 6, 2018, at 10:32am, Lois was observed walking towards the stairwell with a tote bag. + April 6, 2018, at 11:29am, Lois was observed returning to the fourth floor with a hat on. + April 6, 2018, at 12:28pm, Lois was observed returning to the stairwell with a loaded garbage bag. + April 6, 2018, at 12:39pm, Lois was observed walking towards the stairwell with a silver bag. + April 6, 2018, at 12:42pm, Lois was observed walking alone out towards the parking lot and entering a white colored Cadillac [iscalade. The Escalade exited the paring lot and was not seen of again, This was believed to be Lois’ Cadillac Escalade, bearing Minnesota tag 8641,AE, which was recovered on Monday, April 9, 2018 at Bowditch Point, Fort Myers Beach, which is approximately one mile away. Exhibit BOFFICE OF THE SHERIFF - LEE COUNTY, FLORIDA WARRANT REQUEST AFFIDAVIT Case Number: 18-166137 April 6, 2018, at 1:32pm, Lois was observed returning to the fourth floor with the same silver bag. The time frame is consistent with Lois having enough time to drive her vehicle to Bowditch Point and retura to the establishment on foot + April 6, 2018, at [:51pm, Lois was observed leaving the fourth floor with a tote bag and coat. On the morning of April 6, 2018, Tais made several trips to and from the fourth floor of Marina Village with several different bags. Later that same day, at 11:09 am, Lois was captured on video surveillance at the Wells Fargo Bank on Fort Myers Beach using Pamela's personal identification to withdraw $5,000.00 from Pamela’s account prior to leaving the area. Afier thal, Lois traveled north to the Hilton Hotel, located at 3600 SW 36th Avenue in Ocala, Florida, where she was observed on video surveillance pulling into the parking lot driving Pamela's 2005 white Acura TI... Lois checked into the Hilton on April 6, 2018, at approximately 7:29pm, and checked out on April 7, 2018, at 11:17am, During Lois ordeted room service twice and a movie. The receipt for the room service 2018, at 8:49pm, was signed as Pamela Tlutchinson. Pamela's eredit card in HM was used to pay for the room service and the room bill. On April 7, 2018, the decedent's card ending inl was used to make three separate ATM withdrawals in the amount of $500.00 each, at an ATM located at the Bank of America Paddock Office located at 3120 SW 34th Avenue in Ocala, Florida. Still photographs reveuled Iois made the transactions, wearing the same shirt and hat Irom the day before and still driving the decedent's vehicle, Afier Lois checked out, she continued traveling northwest. A license plate reader for the Louisiana State Police captured the white 2008 Acura ‘I'L, bearing Florida tag #Y37TAA, traveling westbound on Interstate 10 around Lafayette. On April 8, 2018, at approximately 11:16pm, the white Acura ‘I'L, bearing Florida tag #Y37TAA, was captured on another license plate reader in Texas. Still photographs of Lois and the vehicle were disseminated via a BOLO nationwide. Detective Bohle of the Dodge County Sheriffs Office in Mantorville, Minnesota, reviewed the BOLO and provided a signed sworn statement, vin email, to Detective Foraker acknowledging he identified the female in the BOLO as Lois Riess. Detectives have been unable to locate Lois at this time. Throughout the investigation, it was learned that Pamela came to the Kort Myers Beach urea to visit a friend and be with her while she scattered her husband's ashes on Exhibit BOFFICE OF THE SHERIFF ~ LEE COUNTY, FLORIDA WARRANT REQUEST AFFIDAVIT Case Number: 18-136137 Sanibel Istand, During her stay, she was bettiended by Lois Riess, Pamela’s Acura TT. was stolen by Lois from the Marina Village and she was captured on Hilton hotel surveillance camera as the driver and sole occupant. Lois checked in to the hotel using the personal identification and «1 rds of Pamela Hutchinson, even signing her name on the room service reccipt, Tt was confirmed with Marina Village that Lois was not on file owning or renting unit. The guest bedroom in unit #404 showed signs of someone staying there to include a bath towel on the chair, lack of comforter on the guest bed, a pillow from the guest hed located underneath Pamela with a gunshot hole in it and soot around the hole. Access to the entire complex at Marina Village is controlled by electronic luck system. which requires a keycard. Lntry into the elevator, stairwells, and rooms requires @ Keycard lor admittance. Through surveillance footage, detectives know Lois left unit #404 on April 6, 2018, at 12:32 pm and there were no other key card swipes until April 9, 2018, at 7:38 pm, when the general manager entered the residence due to complaints of the water not working. Lois was the Inst person seen coming from the fourth Noor room on video surveillance footage. fled using Pamela's vehicle, used her credit cards. and personal identification to withdraw funds trom Pamela’s personal account at Wells Fargo and stay at the [lilton hotel in Ocala, Based on the keycard audit and video surveillance, no other persons appear (o have entered the room other than Pamela or Lois, As was previously mentioned. Lois is wanted for felony theft out of Minnesota in connection to her hushand’s death, ‘That case, currently being investigated by the Dodge County Sheriff's Office, has homicide charges pending. In that case, Lois is suspected of shooting her husband, David Riess, in the bathroom of their home with w .22 caliber handgun, placed a blanket over him and then withdrew approximately $11,000.00 from David's business account, The modus operandi is strikingly similar to the Lee County Sheriff's Office homicide investigation. The decedent was shot in the bathroom with a small caliber round, bearing similar characteristics to a .22, then draped with a towel, Afterwards, Lois knowingly used the decedent's vehicle, personal ideniification and credit cards to withdrawal a large sum of cash On April 12, 2018, Detective Foraker met with Therese Koster, a white female witb a date of birth of February 25, 1960, at the Lee County Sheriff's Office, headquarters, Yess has known Lois for many years due to them both being trom Blooming Prairie, Minnesota, Detective Foraker obtained a digitally recorded sworn statement and asked Terese if she would be willing to look at three video clips and attempt to identify the blonde haired female in them. Terese reviewed video surveillance from the Smoking Oyster Brewery, Marina Village and the Hilton Hotel. In each video, erese positively identified Lois. Additionally, Terese was shown two separate still Exhibit BOFFICE OF THE SHERIFF - LEE COUNTY, FLORIDA WARRANT REQUEST AFFIDAVIT. photographs of Lois at the Bank of America ATM line and the Wells Fargo Bank. Terese also positively identified Lois in each. Each screenshot wes signed and date by Terese socumenting her positive identification of Lois Riess. Based on this investigation, Detective Foraker determined probable cause exists for the arrest of Lois Ana Riess, a white female, bor February 28, 1962, in that the elements of the listed offenses are present. This affiart requests that an arrest warrant for Lois Ann Riess be issued. Sworn to and subscribed before me ‘The above statements are true to the best of this 12 day of April 2018. my knowledge, information, or belief, fay _ Detective David Foraker #12-119