STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL CONFIRMATION HEARING AND TRIAL TO OCTOBER 20, 2015

GARLAND E. BURRELL, Jr., Senior District Judge.

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Samuel Wong Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Matthew C. Bockmon, attorney for Russell E. Gilmore, Mark Reichel, attorney for John H. Mahan and Michael Bigelow, attorney for Richard D. Hemsley, that the Trial Confirmation Hearing scheduled for July 10, 2015 and the Trial scheduled for July 28, 2015 be vacated and continued to August 7, 2015 and October 20, 2015, respectively, at 9:00 a.m.

For the reasons stated below, all defense counsel requires additional time up until the proposed October 20, 2015, trial date for trial preparation. All counsel need additional time to receive and review GILMORE's and any other recorded statement on September 7, 2012.

Legal counsel for GILMORE is scheduled for a medical procedure during the currently scheduled trial. Second counsel for GILMORE will be out of the country during the currently scheduled trial.

Counsel for HEMSLEY is currently in jury trial in United States v. Palamarchuk, Case No. 2:11-cr-450 TLN.

Counsel for MAHAN is currently set for a 4 week murder trial on August 5, 2015 in Calaveras County Superior Court, In Re Isiah F, Case No 13JW 5445. The case was filed in May 2013. Counsel has been the attorney for the minor defendant charged with murder in violation of California Penal Code 187, since May 2013. The trial has been delayed several times because of delays in the DNA forensics. The trial will start that day. Law Partner Steve Plesser will be on the case as well, however the People are represented by two District Attorney prosecutors and the defense has always anticipated two defense attorneys.

The case involves over 50 witnesses for the people and numerous experts in various areas, including audio experts as to sound, DNA experts on blood saliva and semen. It is not possible for Mr. Plesser to handle the case by himself. Because of DNA experts, the age of the minor, the time in custody, availability of the Judge assigned to the matter for all purposes, the case cannot and will not be continued.

Counsel for MAHAN is set for trial in United States v. Sakhanisky, 2:13-cr-160 MCE, on August 10, 2015, with a motion to continue, which is opposed by the government, set to be heard on July 9, 2015. That trial is expected to be 3 weeks in length. The charges are arson and insurance fraud against two defendants. This is a very large case about the cause and origin of the fire, and the alleged fraud thereafter.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from this order's date through and including October 20, 2015, pursuant to 18 U.S.C. § 3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare and continuity of counsel] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

IT IS SO STIPULATED.

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the time from the date the parties stipulated, up to and including October 20, 2015, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare and continuity of defense counsel] and General Order 479, (Local Code T4). It is further ordered that the July 10, 2015 Trial Confirmation Hearing shall be continued to August 7, 2015 at 9:00 a.m. and the July 28, 2015 Trial shall be continued until October 20, 2015, at 9:00 a.m.