STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MOST MOTION HEARING DATES

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 Defenders Matthew C. Bockmon and Sean Riordan, attorneys for Russell E. Gilmore, and Michael Bigelow, attorney for Richard D. Hemsley, that (1) the trial set for December 1, 2015 be continued until April 12, 2016 and (2) that the motion hearings and deadlines be reset as described below.

1. Since October 21, 2015, the government has produced ten batches of additional discovery, consisting variously of voluminous documents and recordings. Additional time is warranted to allow the defendants to analyze this new discovery and determine whether it warrants additional investigation.

2. On October 30, 2015, the government provided expert notice to the defendants for the first time, and provided additional expert notice on November 10, 2015 and November 12, 2015. Additional time is warranted to allow the defendants to analyze this expert notice, determine whether to retain rebuttal experts, and prepare any such experts.

3. On November 5, 2015, the government provided the defendants a copy of a new recorded statement made by co-defendant John Mahan to federal authorities on November 4, 2015. Mr. Mahan pleaded guilty to a superseding information on November 13, 2015 pursuant to a plea agreement. Additional time is warranted to allow the defendants to evaluate the impact of Mr. Mahan's statement on their defense strategy, if any, and engage in further investigation.

4. April 12, 2016 is the first future trial date that is convenient for the Court and for the parties. Several of the attorneys in this case have substantial trial and evidentiary hearing obligations in early 2016. Also, Mr. Bigelow will be travelling internationally for several weeks beginning in late February 2016 and continuing into mid-March 2016. The parties accordingly request April 12, 2016 as the new trial date.

5. Speedy trial time has previously been excluded until December 1, 2015 under 18 U.S.C. § 3161 (h)(7) (A) and (B) (iv) (Local Code T4). The parties stipulate to the further exclusion of time under 18 U.S.C. § 3161 (h)(7) (A) and (B) (iv) (Local Code T4) for defense preparation and continuity of defense counsel until April 12, 2016.

6. In light of the new proposed trial date, and except as provided below, the parties believe that the motions currently set to be heard on November 20, 2015 should instead be heard on January 8, 2016. The briefing schedule for the motions to be heard on January 8, 2016 should be as follows:

7. The parties believe that Defendant Russel Eugene Gilmore's First Motion in Limine (Doc. No. 100) and Defendant Richard David Hemsley's Motion in Limine (Doc. No. 105), which concern the admissibility of their recorded statements, should be heard as currently scheduled on November 20, 2015, in light of the importance of those motions to the parties' respective trial strategies. The hearing on November 20 will not include an evidentiary hearing, though the Court may order such an evidentiary hearing to resolve contested issues of fact if necessary.

IT IS SO STIPULATED.

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court finds that the ends of justice to be served by granting the trial continuance outweigh the best interests of the public and defendant in a speedy trial. Under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7) (A) and (B)(iv) (Local Code T4) time remains excluded for defense preparation and continuity of defense counsel until April 12, 2016.

It is further ordered that the motion hearings set for November 20, 2015 be vacated, and be set for January 8, 2016, with the exception of Defendant Russel Eugene Gilmore's First Motion in Limine (Doc. No. 100) and Defendant Richard David Hemsley's Motion in Limine (Doc. No. 105), for which legal arguments only shall be heard on November 20, 2015; in the event that the Court determines that an evidentiary hearing is necessary, the Court will set an evidentiary hearing for a future date that is convenient for the Court and the parties. The briefing schedule for the motions to be heard on January 8, 2016 is as stipulated.