Opinion
CR. No. 04-00274 SOM.
December 17, 2004
EDWARD H. KUBO, JR., United States Attorney, District of Hawaii.
RONALD G. JOHNSON, Chief, Violent Crimes Section.
EDRIC M. CHING, Assistant U.S. Attorney, Honolulu, Hawaii, Attorneys for Plaintiff, UNITED STATES OF AMERICA.
MICHAEL WEIGHT, Attorney for Defendant, CHARLES CASTILLIAS.
STIPULATION CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
THIS DAY came the parties, by and through counsel, pursuant to their respective agreement to continue trial in the above captioned case. Upon consideration of said stipulation, and the non-objection of the parties hereto, the Court hereby grants a continuance of the trial date in this case and finds that based upon the representations of counsel that there is a need for further investigation and trial preparation by the parties in this case, and accordingly, the ends of justice are best served by granting a continuance in this matter and that the ends of justice served by the continuance outweigh the interests of the defendant and the public in a speedy trial. The Court finds that a denial of a continuance of the previous trial date in this case would deny counsel for the parties reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Accordingly, it is hereby ORDERED that jury selection and trial for this matter be set for March 1, 2005 at 9:00 a.m. before Judge Susan Oki Mollway. A pre-trial conference before Judge Barry M. Kurren is set for January 31, 2005 at 10:00 a.m. The Court further finds that the period of time from January 4, 2005, to and including March 1, 2005, constitutes a period of excusable delay and is therefore excludable pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161 (h) (8) (A) and (h) (8) (B) (iv).
Any and all dates previously set forth for the filing of pretrial motions are unchanged.