Opinion
Case No. 2:05 CR 018 JTG.
February 28, 2005
PAUL M. WARNER, United States Attorney (#3389), CLARK A. HARMS, Special Assistant, United States Attorney (#5713), Salt Lake City, Utah, Attorneys for the United States of America.
FINDINGS AND ORDER EXCLUDING TIME FROM APPLICABILITY OF THE SPEEDY TRIAL ACT
The above-captioned matter came before the Court for Status Conference on Tuesday, February 22, 2005. The Honorable J. Thomas Greene, United States District Judge presided. The United States was represented by Clark A. Harms, Special Assistant United States Attorney. Defendant Jose Jorge Perez was present and was represented by his attorney, Carlos A. Garcia.
The Defendant was indicted in this matter on January 12, 2005, and was arraigned by the Chief Magistrate Judge on January 14, 2005, at which time he entered pleas of not guilty to all counts contained in the Indictment. The Court has reviewed the general nature of the discovery already produced, the general nature of the discovery yet to be produced, the quantity of discovery to be produced, the time involved in producing the discovery in this matter, the time which will likely be involved in defense counsel reviewing the discovery, and the likelihood of motions being filed in this matter. Based upon the representations and stipulation of counsel, good cause appearing in every respect therefore, the Court now makes and enters the following:
Findings of Fact
1. An Indictment was returned on January 12, 2005 in this matter against this defendant.
2. The discovery in this matter is voluminous, and will consist of wiretap pleadings, closed circuit television monitoring pleadings, mobile tracking device pleadings, pen register and trap and trace device pleadings, police reports, search warrants, controlled substances and toxicology reports, photographs, statements of potential co-defendants and co-conspirators, and intercepted telephone conversations.
3. The discovery in this matter will consist of several thousand pages of documents.
4. The discovery in this matter will consist of at several hundred intercepted telephone conversations, all of which are in Spanish, and all of which must be translated into English, both for trial and for use by the respective defense attorneys in trial preparation and case evaluation.
5. The ends of justice will be and are served by continuing further status and scheduling in this matter, and by excluding all time since the Indictment was returned, up to and including the date of the eventual trial of this matter from the Speedy Trial Act time requirements, and these ends are outweighed by the best interests of the public and the respective defendants in a speedy trial.
6. The ends of justice will be and are served by continuing further status and scheduling in this matter, and by excluding all time since the Indictment was returned, up to and including the date of the eventual trial of this matter from the Speedy Trial Act time requirements, in that the delay and exclusion of time is necessary and appropriate:
a) to allow defense counsel to fully prepare for possible negotiations, pretrial proceedings, pretrial motions and for trial;
b) in that this case is so unusual and complex, as to the quantity and type of evidence involved and as to the nature of the prosecution, that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by the Speedy Trial Act, 18 USC § 3161 et seq.;
c) to allow the voluminous discovery and evidence which forms the basis of this case to be produced and managed in an intelligible and useful manner;
d) the failure to exclude time will result in a miscarriage of justice; and
e) failure to exclude time will unreasonably deny the Defendant a reasonable time necessary for effective case evaluation, pretrial proceedings and trial preparation.
BASED UPON THE FOREGOING FINDINGS OF FACT, THE COURT MAKES AND ENTERS THE FOLLOWING ORDER:
IT IS HEREBY ORDERED:
1. All time since the Indictment was returned in this matter on January 12, 2005, up to and including the trial which will eventually be scheduled in this matter, is excluded from the the Speedy Trial Act time requirements, pursuant to 18 U.S.C. § 3161(h)(8)(A) and (8)(B)(i-ii).
2. A status, scheduling and discovery production review hearing is set for April 12, 2005, at 11:00 a.m. before Judge J. Thomas Greene.