Opinion
Civil Action No. 12-cr-00072-RBJ
07-10-2012
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS QUINTIN, Defendant.
Counsel : John Scully Marci Gilligan
JUDGE R. BROOKE JACKSON
Courtroom Deputy: Laura Galera
Court Reporter: Kara Spitler
Counsel:
John Scully
Marci Gilligan
COURTROOM MINUTES
MOTION HEARING
Court in session: 9:02 a.m.
Appearances of counsel.
Defendant appears in custody.
Plaintiff's witness, Ted Lair, called and sworn.
9:03 a.m. Direct examination of Mr. Lair by Mr. Scully.
9:10 a.m. Cross examination of Mr. Lair by Ms. Gilligan.
9:22 a.m. Court questions the witness.
Witness excused.
Discussion regarding the Unopposed Motion for Continuance of August 6, 2012 Trial Date
Doc.# [60].
Argument by Ms. Gilligan as to Defendant Thomas William Quintin's Motion for Pretrial Determination of Admissibility of Co-Conspirator Statements Under Fed. R. Evid. 801(d)(2)(E) (James Hearing) Doc.# [47].
Given the situation with this defendant and his attorney's desire to have more time to prepare, the Court concludes that the ends of justice served by excluding from today and up to and including February 19, 2013 from the speedy trial calculations outweigh the best interest of the public and the defendant in a speedy trial. Court finds that the case is complex and involves a somewhat complicated alleged scheme of tax fraud. The defendant, through counsel, has indicated that he can not be prepared effectively to present a defense within the time frame the Court had given. The Court finds there is also an issue of the co-defendant and the possibility that the co-defendant would, upon being represented by counsel, seek additional time.
For the reasons as stated on the record, IT IS ORDERED as follows:
1. Doc.# [45] is MOOT;
2. Defendant Thomas William Quintin's Motion for Rule 16 Discovery Doc.# [46] is MOOT;
3. Defendant Thomas William Quintin's Motion for Pretrial Determination of Admissibility of Co-Conspirator Statements Under Fed. R. Evid. 801(d)(2)(E) (James Hearing) Doc.# [47] is GRANTED subject to the findings by the Court;
4. Defendant Thomas William Quintin's Motion for Brady Material Doc.# [48] is MOOT.
5. Defendant Thomas William Quintin's Motion for More Specific Notice of Alleged Rule 404(b) Evidence Doc.# [49] is GRANTED.
6. Defendant Thomas William Quintin's Motion to Suppress October 7, 2009 Statement Doc.# [50] is DENIED.
7. Defendant Thomas William Quintin's Motion to Strike Proposed Expert Testimony of IRS-CID Special Agent Riordan Doc.# [51] is DENIED.
8. Defendant Thomas William Quintin's Motion to Dismiss Counts Seven Through Eleven for Failure to State an Offense Doc.# [52] is DENIED.
9. Defendant Thomas William Quintin's Motion to Strike Proposed Expert Testimony of IRS-CID Special Agent Riordan Doc.# [53] is DENIED.
10. Unopposed Motion for Continuance of August 6, 2012 Trial Date Doc.# [60] is GRANTED.
11. Trial Preparation Conference set for July 26, 2012 is RESET to January 25, 2013 at 8:00 a.m. before the Honorable Judge R. Brooke Jackson in Courtroom A-902, Ninth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294.
12. Jury Trial set for August 6, 2012 is RESET to February 19, 2013 at 9:00 a.m. before the Honorable Judge R. Brooke Jackson in Courtroom A-902, Ninth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294.
13. Defendant is remanded to the custody of the United States Marshal.
Court in recess: 9:50 a.m.
Hearing concluded.
Total time: 00:48