Opinion
CRIMINAL No. 2:03CR 990
June 2, 2004
PAUL M. WARNER, STANLEY H. OLSEN, GREGORY C DIAMOND, Salt Lake City, Utah, for the United States of America
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This matter came on for a status and scheduling hearing on May 27, 2004, pursuant to the recusal of the Honorable David K. Winder. The defendants were not present. Defendants Blackbear and Moon were represented by Michael Jaenish, Stephanie Ames having requested that Mr. Jaenish represent Defendant Moon for the purposes of this hearing due to Ms. Ames inability to be present. Defendant Wash was represented by Jamie Zenger. Defendant Steadman was represented by Deirdre Gorman. The United States was represented by Assistant United States Attorney Stanley Olsen and Gregory C Diamond.
Having heard the representations of counsel and being familiar with the file herein, the Court now makes the following:
FINDINGS OF FACT
1. The Honorable David K. Winder was required to recuse himself for extraordinary reasons relating to health.
2. This matter had been previously scheduled for trial on June 4, 2004, and the United States had issued trial subpoenas for that date.
3. Counsel for each of the defendants indicated that they were not ready to try this case due to the substantial discovery related to the case. Additionally, several counsel had significant prior court obligations during June, July and September and specifically requested that any new trial date not be set during that time period.
4. All parties agreed that an appropriate trial date would be August 23, 2004, at 8:30 a.m. Any pre-trial motions should be filed on or before July 2, 2004. Any response should be filed within 15 days. Any reply should be filed within 10 days of the response. Any possible plea is to be noticed to the Court on or before August 18, 2004. Proposed instructions should be due to the Court by the first day of trial. Proposed voir dire questions should be to the Court the Friday preceding trial.
5. This case is complex due to the number of defendants and due to the quantity of discovery. It is unreasonable to expect adequate pre-trial preparation within the time limits established by the Speedy Trial Act, Title 18 U.S.C. § 3161, et seq. Additional time is necessary for effective preparation, as requested by all counsel for defendants, taking into account the extraordinary circumstances of the recusal described above and the scheduling conflicts described by all counsel to the defendants herein.
Based upon the foregoing, the Court now enters the following Conclusions of Law and Order:
1. The trial date of June 4, 2004, is vacated and reset for August 23, 2004, at 8:30 a.m. Any motions should be filed on or before July 2, 2004. Responses are to be filed within 15 days of the motions. Any reply is to be filed within 10 days of the response. The Court must be noticed of any plea on or before August 18, 2004. Proposed voir dire questions are to be provided to the court the Friday preceding trial. Instructions are to be provided to the Court on the morning of trial.
2. All time from June 4, 2004, up through and including August 23, 2004, is excludable and is hereby excluded from any calculation required by the Speedy Trial Act, Title 18 U.S.C. § 3161, et seq.
3. All trial subpoenas previously issued continue in full force and effect for the date of August 23, 2004, 8:30 a.m.
4. The ends of justice served by this continuance outweigh the best interest of the public, the defendants and the United States for those reasons described in the Findings of Fact set forth, above.