Opinion
14-132 MCE
08-27-2021
THE UNITED STATES OF AMERICA v. KENNETH BELL
Kenneth Bell, Defendant Olaf W. Hedberg Atty for Kenneth Bell
Kenneth Bell, Defendant
Olaf W. Hedberg Atty for Kenneth Bell
DEFENDANT'S WAIVER OF APEARANCE & CONSENT TO PROCEED VIA ZOOM
MORRISON C. ENGLAND, JR SENIOR UNITED STATES DISTRICT JUDGE
On March 30, 2020, Chief United States Judge Mueller issued General Order 614, “Coronavirus Public Emergency Authorizing Video-teleconferencing and Telephone Conferencing for Criminal Proceedings under Section 15002 of the Coronavirus Aid, Relief and Economic Security (CARES) Act, ” which authorizes the use of videoconferencing - or telephone phone conferencing if videoconference is not reasonably available - in various criminal proceedings.
Mr. Bell, having been advised of his right to appear in person for his status conference, as well as of the ability to waive his personal appearance and appear via videoteleconference, has elected waived his right to personally appear at his August 26, 2021 status conference, and instead requests to appear via video-teleconference. If video-teleconference becomes unavailable, he consents to appear via teleconference.
Mr. Bell further agrees that the status conference in this matter - which is requested for the purpose of discussing trial dates - cannot be further delayed without serious harm to the interests of justice, within the meaning of General Order 614.
Finally, Mr. Bell consents to counsel signing this waiver on his behalf, pursuant to General Order 616. He stipulates that i) obtaining his wet signature is both impractical and imprudent, given the pandemic; ii) he has had an opportunity to consult with counsel regarding this matter; and iii) after said consultation, he consents to his counsel signing this order electronically on his behalf.
ORDER
The Court, having received and considered the defendant's waiver of personal appearance, and good cause appearing therefrom, hereby orders that the defendant's electronic signature is accepted pursuant to General Order 616. Furthermore, his request to appear via video-teleconference (or telephone, if video-teleconference services become unavailable) for the August 26, 2021 hearing is GRANTED.
IT IS SO ORDERED.