Reno's Retrial will take place in June

[Demosthenes]

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA
v.
CIRINO GONZALEZ,
Defendant

Criminal No. 07-189-GZS

ORDER AFTER CONFERENCE OF COUNSEL MAY 13, 2008

A conference was held on May 13, 2008, at 11:30 p.m. in Portland, Maine.
Presiding: George Z. Singal, Chief U.S. District Judge
Appearances: For Government: Arnold Huftalen, Esq.
For Defendant Cirino Gonzalez: David Bownes, Esq.

At the conference, the Court discussed with Attorney Bownes his “Notice of Ineffective Assistance of Counsel” (Docket No. 423). After discussing the matter with Attorney Bownes, off the record, the Court rescheduled the jury selection to June 19, 2008. Thereafter, Attorney Bownes agreed that if the trial in United States v. McFadden, 06-226 was continued from the June trial list and jury selection in this case was held on June 19, then he would have ample time to prepare for trial and no continuance would be necessary in this case. The Court has now been advised that the McFadden case will not be tried in June. Thus, based on Attorney Bownes’ confirmation at the conference, the Court finds that there is no need to continue jury selection or trial of this matter.

The Court hereby ORDERS the following:

(1) Requests for jury instructions shall be filed on, or before, June 13, 2008 at 12:00 p.m. with responses thereto filed on, or before, June 17, 2008 at 12:00 p.m. The Court notes that there is no need to resubmit any jury instructions that were filed in connection with the earlier trial of this matter.;

(2) Juror questionnaires will be available on June 13, 2008 at 9:00 a.m.;

(3) Motions in Limine shall be filed on, or before, June 9, 2008 at 12:00 p.m. with responses thereto filed on, or before, June 13, 2008 at 12:00 p.m.;

(4) The parties shall exchange and file exhibit lists on, or before, June 13, 2008 with objections to the exhibits filed on, or before, June 17, 2008;

(5) The parties shall exchange and file witness lists on, or before, June 17, 2008;

(6) Exhibits shall be filed with the Court on, or before, June 17, 2008 at 12:00 p.m.; and

(7) The parties shall file any additional special voir dire questions they believe should be asked based on, and limited to, the earlier trial of this case.

For items not herein specifically addressed, the parties shall comply with the Local Rules for the District of New Hampshire.

The Court further ORDERS that if there are any errors in this Order, the parties shall notify the Court within three days of the date of docketing of this Order.

/s/ George Z. Singal__________________
Chief United States District Judge
Dated this 19th day of May, 2008.

[ErsatzAnatchist]

At the conference, the Court discussed with Attorney Bownes his “Notice of Ineffective Assistance of Counsel” (Docket No. 423).

What is a Notice of ineffective Assistance of Counsel and why would Attorney Bownes file one?

[Demosthenes]

Bownes really really really wanted to delay Reno's trial until August, claiming he wouldn't have time to prepare for it since he had other trials back to back surrounding the original June trial date. Judge said too bad. You have two months to prepare for it (this exchange took place in April) and besides, you just tried these same two counts in March.

Reno's lawyer threw a hissy fit and said that his client would have ineffective counsel if the judge insisted on the June date and therefore the case should be tossed.

Judge said, effectively, get over yourself, motion denied.

The trial is still in June, and the defense attorney's other early June trial was rescheduled to a later date.