Post by JoeRockss on Nov 26, 2014 5:44:25 GMT -5
New DOJ Trial Date
dyemenz
Case 2:09-cr-00132-JAD-GWF Document 287 Filed 11/25/14 Page 1 of 6
Daniel G. Bogden
United States Attorney
District of Nevada
Kathryn Newman
Andrew W. Duncan
Assistant United States Attorney
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
702-388-6336
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
-oOo-
UNITED STATES OF AMERICA,
Plaintiff
vs.
[1] JEFFREY TURINO,
[2] JOHN EDWARDS,
[5] MELISSA SPOONER,
[8] BRIAN DVORAK,
[9] GINGER GUTIERREZ, and
[10] JAMES KINNEY,
Defendants
Case No. 2:09-CR-132-JAD-GWF
STIPULATION TO CONTINUE
CALENDAR CALL AND TRIAL
(Seventh Request)
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
attorneys, that the calendar call currently scheduled for December 31, 2014 at 9:00 a.m., be
vacated and continued to September 8, 2015, at 1:30 p.m. and the Jury Trial currently scheduled
for January 6, 2015, be vacated and continued until September 15, 2015. This stipulation is
entered into for the following reasons:
1. The Court has designated this case as complex. (Docket No. 57.) The defendants
need additional time to prepare for trial in this case, including conducting legal research and
factual investigation to determine the best respective defenses.
Case 2:09-cr-00132-JAD-GWF Document 287 Filed 11/25/14 Page 1 of 6
2. Defendant John Edwards, who fought extradition from the United Kingdom,
made his initial appearance in this district who has not yet made his initial appearance in this
District on August 8, 2014. The Court ordered a competency evaluation for Defendant Edwards
on October 10, 2014. His counsel estimates that the process will take four months. His counsel
needs the additional time to address his competency issues, review discovery and prepare for
trial if necessary.
3. The voluminous of the case materials, as well as the complex nature of the case,
require additional time for the defendants and counsel for the Government to review the
materials, conduct legal research and prepare for trial.
4. The parties have discussed severance as a case management tool. Defendant
Edward’s competency is a significant factor in this analysis. The Government requests additional
time to allow Defendant Edwards competency to be determined so that it might explore
severance further with defense counsel.
5. The additional time requested herein is not sought merely for purposes of delay.
6. The defendants do not object to the continuance. Defendant Turino, who is in
custody, consents to the continuance.
7. This is the seventh Stipulation to Continue the trial date.
8. The additional time requested by this stipulation is excludable in computing the
time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C.
§§ 3161(h)(6) and (7)(A), when considering the factors under 18 U.S.C. §§ 3161(h)(7)(B)(i),
(ii) and (iv).
Case 2:09-cr-00132-JAD-GWF Document 2867 Filed 11/25/14 Page 2 of 6
WHEREFORE, the parties stipulate and request that the setting for calendar call and trial
in this case should be vacated, and continued until September 8, 2015 at 1:30 p.m. and
September 15, 2015 at 9:00 a.m., respectively.
RESPECTFULLY SUBMITTED this ____ day of _____________ 2014.
Daniel Bogden
United States Attorney
/s/ Kathryn Newman
Kathryn Newman
Andrew W. Duncan
Assistant United States Attorneys
/s/
Jess R. Marchese
Counsel for Jeff Turino
/s/
Bart Stapert
Mace J. Yampolsky
Counsel for Melissa Spooner
/s/
John Wesley Hall, Jr.
Counsel for Brian Dvorak
/s/
Chris T. Rasmussen
Counsel for Ginger Gutierrez
/s/
Todd M. Leventhal
Counsel for James Kinney
/s/
Richard Wright
Counsel for John Edwards
Case 2:09-cr-00132-JAD-GWF Document 286 Filed 11/25/14 Page 3 of 6
25th day of November, 2014.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
-oOo-
UNITED STATES OF AMERICA,
Plaintiff
vs.
[1] JEFFREY TURINO,
[2] JOHN EDWARDS,
[5] MELISSA SPOONER,
[8] BRIAN DVORAK,
[9] GINGER GUTIERREZ, and
[10] JAMES KINNEY,
Defendants
Case No. 2:09-CR-132-JAD-GWF
ORDER
THIS MATTER COMES BEFORE THE COURT on the parties’ sixth Stipulation to
Vacate and Continue Trial Setting in this case.
FINDINGS
Based on the stipulation of the parties, and good cause appearing therefore, the Court
hereby finds that:
1. The Court has designated this case as complex. (Docket No. 57.) The defendants
need additional time to prepare for trial in this case, including conducting legal research and
factual investigation to determine the best respective defenses.
Case 2:09-cr-00132-JAD-GWF Document 2867 Filed 11/25/14 Page 4 of 6
2. Defendant John Edwards, who fought extradition from the United Kingdom,
made his initial appearance in this district who has not yet made his initial appearance in this
District on August 8, 2014. The Court ordered a competency evaluation for Defendant Edwards
on October 10, 2014. His counsel estimates that the process will take four months. His counsel
needs the additional time to address his competency issues, review discovery and prepare for
trial if necessary.
3. The voluminous of the case materials, as well as the complex nature of the case,
require additional time for the defendants and counsel for the Government to review the
materials, conduct legal research and prepare for trial.
4. The parties have discussed severance as a case management tool. Defendant
Edward’s competency is a significant factor in this analysis. The Government requests additional
time to allow Defendant Edwards competency to be determined so that it might explore
severance further with defense counsel.
5. The additional time requested herein is not sought merely for purposes of delay.
6. The defendants do not object to the continuance. Defendant Turino, who is in
custody, consents to the continuance.
7. This is the seventh request for a continuance.
8. The additional time requested is not sought for purposes of delay, but merely to
allow counsel for defense and the United States time to efficiently and thoroughly prepare for
trial in light of the voluminous discovery and complex nature of this case.
9. Denial of this request would result in a miscarriage of justice.
Case 2:09-cr-00132-JAD-GWF Document 2867 Filed 11/25/14 Page 5 of 6
CONCLUSIONS OF LAW
For all of the above-stated reasons, the ends of justice served by granting the requested
continuance outweigh the best interest of the public and the defendants in a speedy trial, since
the failure to grant said continuance would be likely to result in a miscarriage of justice, would
deny the parties sufficient time to prepare for trial, taking into account the exercise of due
diligence and the complex nature of the case and voluminous discovery.
The continuance requested by the parties is excludable under the Speedy Trial Act, Title
18, United States Code, Sections 3161(h)(6) and (7)(A), when considering the factors under
Title 18, United States Code, Sections 3161(h)(7)(B)(i), (ii) and (iv).
IT IS THEREFORE ORDERED that the calendar call setting on December 31, 2014
at 9:00 a.m. is vacated and reset for September 8, 2015 at the hour of 1:30 p.m. and the trial
setting of January 6, 2015, is vacated and continued to September 15, 2015.Continue and Joinders [272, 275, 277,
280, 282] are DENIED as moot.
SO ORDERED this ______ day of November 2014.
UNITED STATES DISTRICT JUDGE
Case 2:09-cr-00132-JAD-GWF Document 286 Filed 11/25/14 Page 6 of 6
SO ORDERED this 25th day of November, 2014.
Jennifer Dorsey
UNITED STATES DISTRICT JUDGE
dyemenz
Case 2:09-cr-00132-JAD-GWF Document 287 Filed 11/25/14 Page 1 of 6
Daniel G. Bogden
United States Attorney
District of Nevada
Kathryn Newman
Andrew W. Duncan
Assistant United States Attorney
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
702-388-6336
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
-oOo-
UNITED STATES OF AMERICA,
Plaintiff
vs.
[1] JEFFREY TURINO,
[2] JOHN EDWARDS,
[5] MELISSA SPOONER,
[8] BRIAN DVORAK,
[9] GINGER GUTIERREZ, and
[10] JAMES KINNEY,
Defendants
Case No. 2:09-CR-132-JAD-GWF
STIPULATION TO CONTINUE
CALENDAR CALL AND TRIAL
(Seventh Request)
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
attorneys, that the calendar call currently scheduled for December 31, 2014 at 9:00 a.m., be
vacated and continued to September 8, 2015, at 1:30 p.m. and the Jury Trial currently scheduled
for January 6, 2015, be vacated and continued until September 15, 2015. This stipulation is
entered into for the following reasons:
1. The Court has designated this case as complex. (Docket No. 57.) The defendants
need additional time to prepare for trial in this case, including conducting legal research and
factual investigation to determine the best respective defenses.
Case 2:09-cr-00132-JAD-GWF Document 287 Filed 11/25/14 Page 1 of 6
2. Defendant John Edwards, who fought extradition from the United Kingdom,
made his initial appearance in this district who has not yet made his initial appearance in this
District on August 8, 2014. The Court ordered a competency evaluation for Defendant Edwards
on October 10, 2014. His counsel estimates that the process will take four months. His counsel
needs the additional time to address his competency issues, review discovery and prepare for
trial if necessary.
3. The voluminous of the case materials, as well as the complex nature of the case,
require additional time for the defendants and counsel for the Government to review the
materials, conduct legal research and prepare for trial.
4. The parties have discussed severance as a case management tool. Defendant
Edward’s competency is a significant factor in this analysis. The Government requests additional
time to allow Defendant Edwards competency to be determined so that it might explore
severance further with defense counsel.
5. The additional time requested herein is not sought merely for purposes of delay.
6. The defendants do not object to the continuance. Defendant Turino, who is in
custody, consents to the continuance.
7. This is the seventh Stipulation to Continue the trial date.
8. The additional time requested by this stipulation is excludable in computing the
time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C.
§§ 3161(h)(6) and (7)(A), when considering the factors under 18 U.S.C. §§ 3161(h)(7)(B)(i),
(ii) and (iv).
Case 2:09-cr-00132-JAD-GWF Document 2867 Filed 11/25/14 Page 2 of 6
WHEREFORE, the parties stipulate and request that the setting for calendar call and trial
in this case should be vacated, and continued until September 8, 2015 at 1:30 p.m. and
September 15, 2015 at 9:00 a.m., respectively.
RESPECTFULLY SUBMITTED this ____ day of _____________ 2014.
Daniel Bogden
United States Attorney
/s/ Kathryn Newman
Kathryn Newman
Andrew W. Duncan
Assistant United States Attorneys
/s/
Jess R. Marchese
Counsel for Jeff Turino
/s/
Bart Stapert
Mace J. Yampolsky
Counsel for Melissa Spooner
/s/
John Wesley Hall, Jr.
Counsel for Brian Dvorak
/s/
Chris T. Rasmussen
Counsel for Ginger Gutierrez
/s/
Todd M. Leventhal
Counsel for James Kinney
/s/
Richard Wright
Counsel for John Edwards
Case 2:09-cr-00132-JAD-GWF Document 286 Filed 11/25/14 Page 3 of 6
25th day of November, 2014.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
-oOo-
UNITED STATES OF AMERICA,
Plaintiff
vs.
[1] JEFFREY TURINO,
[2] JOHN EDWARDS,
[5] MELISSA SPOONER,
[8] BRIAN DVORAK,
[9] GINGER GUTIERREZ, and
[10] JAMES KINNEY,
Defendants
Case No. 2:09-CR-132-JAD-GWF
ORDER
THIS MATTER COMES BEFORE THE COURT on the parties’ sixth Stipulation to
Vacate and Continue Trial Setting in this case.
FINDINGS
Based on the stipulation of the parties, and good cause appearing therefore, the Court
hereby finds that:
1. The Court has designated this case as complex. (Docket No. 57.) The defendants
need additional time to prepare for trial in this case, including conducting legal research and
factual investigation to determine the best respective defenses.
Case 2:09-cr-00132-JAD-GWF Document 2867 Filed 11/25/14 Page 4 of 6
2. Defendant John Edwards, who fought extradition from the United Kingdom,
made his initial appearance in this district who has not yet made his initial appearance in this
District on August 8, 2014. The Court ordered a competency evaluation for Defendant Edwards
on October 10, 2014. His counsel estimates that the process will take four months. His counsel
needs the additional time to address his competency issues, review discovery and prepare for
trial if necessary.
3. The voluminous of the case materials, as well as the complex nature of the case,
require additional time for the defendants and counsel for the Government to review the
materials, conduct legal research and prepare for trial.
4. The parties have discussed severance as a case management tool. Defendant
Edward’s competency is a significant factor in this analysis. The Government requests additional
time to allow Defendant Edwards competency to be determined so that it might explore
severance further with defense counsel.
5. The additional time requested herein is not sought merely for purposes of delay.
6. The defendants do not object to the continuance. Defendant Turino, who is in
custody, consents to the continuance.
7. This is the seventh request for a continuance.
8. The additional time requested is not sought for purposes of delay, but merely to
allow counsel for defense and the United States time to efficiently and thoroughly prepare for
trial in light of the voluminous discovery and complex nature of this case.
9. Denial of this request would result in a miscarriage of justice.
Case 2:09-cr-00132-JAD-GWF Document 2867 Filed 11/25/14 Page 5 of 6
CONCLUSIONS OF LAW
For all of the above-stated reasons, the ends of justice served by granting the requested
continuance outweigh the best interest of the public and the defendants in a speedy trial, since
the failure to grant said continuance would be likely to result in a miscarriage of justice, would
deny the parties sufficient time to prepare for trial, taking into account the exercise of due
diligence and the complex nature of the case and voluminous discovery.
The continuance requested by the parties is excludable under the Speedy Trial Act, Title
18, United States Code, Sections 3161(h)(6) and (7)(A), when considering the factors under
Title 18, United States Code, Sections 3161(h)(7)(B)(i), (ii) and (iv).
IT IS THEREFORE ORDERED that the calendar call setting on December 31, 2014
at 9:00 a.m. is vacated and reset for September 8, 2015 at the hour of 1:30 p.m. and the trial
setting of January 6, 2015, is vacated and continued to September 15, 2015.Continue and Joinders [272, 275, 277,
280, 282] are DENIED as moot.
SO ORDERED this ______ day of November 2014.
UNITED STATES DISTRICT JUDGE
Case 2:09-cr-00132-JAD-GWF Document 286 Filed 11/25/14 Page 6 of 6
SO ORDERED this 25th day of November, 2014.
Jennifer Dorsey
UNITED STATES DISTRICT JUDGE
