No trial date set?

[Demosthenes]

Date Filed # Docket Text
11/06/2008 1 ORDER WITH MOTION to seal indictment as to Peter Hendrickson. Signed by Magistrate Judge Donald A Scheer. (DPer) (Entered: 11/13/2008)
11/12/2008 2 ORDER WITH MOTION unsealing indictment as to Peter Hendrickson. Signed by Magistrate Judge Virginia M Morgan. (DPer) (Entered: 11/13/2008)
11/12/2008 3 INDICTMENT as to Peter Hendrickson (1) count(s) 1-10. (Time stamped on 11/06/08) (DPer) (Entered: 11/13/2008)
11/12/2008 Minute Entry for proceedings held before Magistrate Judge Virginia M Morgan: Initial Appearance as to Peter Hendrickson. Bond Info: Peter Hendrickson (1) $10,000 unsecured. (Tape #: VMM 11/12/2008) (Defendant Attorney: Ellen Dennis) (AUSA: Michael Leibson) (JJoh) (Entered: 11/14/2008)
11/12/2008 Minute Entry for proceedings held before Magistrate Judge Virginia M Morgan: Arraignment as to Peter Hendrickson (1) Count 1-10 held on 11/12/2008. Disposition: Not Guilty plea entered. (Tape #: VMM 11/12/2008) (Defendant Attorney: Ellen Dennis) (AUSA: Michael Leibson) (JJoh) (Entered: 11/14/2008)
11/12/2008 5 ATTORNEY APPEARANCE: M. Ellen Dennis appearing for Peter Hendrickson. (DPer) (Entered: 11/14/2008)
11/12/2008 6 ORDER setting conditions of release as to Peter Hendrickson (1) $10,000.00 unsecured bond. Signed by Magistrate Judge Virginia M Morgan. (DPer) (Entered: 11/14/2008)
11/12/2008 7 BOND as to Peter Hendrickson in the amount of $10,000.00 unsecured entered. (DPer) (Entered: 11/14/2008)
11/12/2008 8 ACKNOWLEDGMENT of indictment by Peter Hendrickson. (DPer) (Entered: 11/14/2008)
11/17/2008 9 CRIMINAL TRIAL NOTICE AND STANDING ORDER as to Peter Hendrickson, ( Motions due by 12/10/2008, Final Pretrial Conference/Plea Cutoff set for 12/24/2008 at 3:00 PM before District Judge David M Lawson, Jury Trial set for 1/13/2009 at 8:30 AM before District Judge David M Lawson) - Signed by District Judge David M Lawson. (FMos) (Entered: 11/17/2008)
11/18/2008 10 NOTICE of Appearance by Mark F. Daly by United States of America as to Peter Hendrickson (Daly, Mark) Modified on 11/19/2008 (DWor). [ WRONG DOCKET EVENT SELECTED] (Entered: 11/18/2008)
11/20/2008 11 Warrant for Arrest Returned Executed (date of execution not noted) as to Peter Hendrickson. (NHol) (Entered: 11/20/2008)
11/24/2008 12 MOTION for Extension of Time to File Motions by Peter Hendrickson. (Dennis, M.) (Entered: 11/24/2008)
12/01/2008 13 ORDER TO CONTINUE - Ends of Justice as to Peter Hendrickson Time excluded from 1/13/09 until 2/10/09., ( Motions due by 1/15/2009, Final Pretrial Conference set for 1/29/2009 at 3:00 PM , Jury Trial set for 2/10/2009 at 8:30 AM before District Judge David M Lawson) - Signed by District Judge David M Lawson. (FMos) (Entered: 12/01/2008)
01/07/2009 14 MOTION for Discovery Motion for Notice of 404(b) Evidence by Peter Hendrickson. (Dennis, M.) (Entered: 01/07/2009)
01/09/2009 15 ORDER Denying 14 Motion for Notice from the Government Regarding 404(b) Evidence. Signed by District Judge David M. Lawson. (FMos) (Entered: 01/09/2009)
01/09/2009 16 Renewed MOTION for Discovery Renewed andClarified Motion for Notice of 404(b) Evidence by Peter Hendrickson. (Dennis, M.) (Entered: 01/09/2009)
01/13/2009 17 Second MOTION for Extension of Time to File Motion for Extension of Time in Which to File Motions and to Adjourn Trial Date by Peter Hendrickson. (Dennis, M.) (Entered: 01/13/2009)
01/15/2009 18 MOTION to Dismiss Motion to Dismiss Indictment by Peter Hendrickson. (Attachments: # 1 Index of Exhibits Index to Exhibits, # 2 Exhibit Exhibit 1 - Lawful Direct Tax) (Dennis, M.) (Entered: 01/15/2009)
01/21/2009 19 NOTICE of hearing on 17 Second MOTION for Extension of Time to File Motion for Extension of Time in Which to File Motions and to Adjourn Trial Date, 16 Renewed MOTION for Discovery Renewed andClarified Motion for Notice of 404(b) Evidence as to *Peter Hendrickson*. Motion Hearing set for 1/29/2009 at 2:00 PM before District Judge David M. Lawson (FMos) (Entered: 01/21/2009)
01/23/2009 20 NOTICE of hearing on 18 MOTION to Dismiss Motion to Dismiss Indictment as to *Peter Hendrickson*. Motion Hearing set for 1/29/2009 AT 2:00 PM before District Judge David M. Lawson (FMos) (Entered: 01/23/2009)
01/28/2009 21 RESPONSE by United States of America as to Peter Hendrickson re 18 MOTION to Dismiss Motion to Dismiss Indictment (Leibson, Michael) (Entered: 01/28/2009)
01/29/2009 22 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge David M. Lawson to District Judge Gerald E Rosen (SSch) (Entered: 01/29/2009)
01/29/2009 Minute Entry for proceedings held before District Judge David M. Lawson: Motion Hearing as to Peter Hendrickson held on 1/30/2009 re 17 Second MOTION for Extension of Time to File Motion for Extension of Time in Which to File Motions and to Adjourn Trial Date filed by Peter Hendrickson, 16 Renewed MOTION for Discovery Renewed andClarified Motion for Notice of 404(b) Evidence filed by Peter Hendrickson, 18 MOTION to Dismiss Motion to Dismiss Indictment filed by Peter Hendrickson (Court Reporter: Rene Twedt) (Defendant Attorney: Ellen Dennis) (AUSA: Michael Leibson, Mark Daly) (FMos) Modified on 1/30/2009 (FMos). (Entered: 01/30/2009)
02/03/2009 23 REPLY TO RESPONSE by Peter Hendrickson re 18 MOTION to Dismiss Motion to Dismiss Indictment Reply Brief in Support of Motion to Dismiss Indictment (Dennis, M.) (Entered: 02/03/2009)
02/06/2009 24 NOTICE of hearing on 18 Motion to Dismiss Indictment as to *Peter Hendrickson*. Motion Hearing set for 3/19/2009 02:00 PM before District Judge Gerald E Rosen (LSau) (Entered: 02/06/2009)
03/05/2009 25 ATTORNEY APPEARANCE: Lyle D. Russell, Jr appearing for Peter Hendrickson. (Russell, Lyle) (Entered: 03/05/2009)
03/16/2009 26 AMENDED NOTICE of hearing on 18 MOTION to Dismiss Indictment as to *Peter Hendrickson*. Motion Hearing set for 5/14/2009 03:00 PM before District Judge Gerald E Rosen (LSau) (Entered: 03/16/2009)
05/05/2009 27 MOTION to Dismiss Indictment for Violation of Rule 7 and Rule 12(b), Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments to the United States Constitution by Peter Hendrickson. (Dennis, M.) (Entered: 05/05/2009)
05/05/2009 28 MOTION for Disclosure of Grand Jury Material Pursuant to Rule 6(e)(3)(E)(i)and(ii) by Peter Hendrickson. (Attachments: # 1 Exhibit Letter from DOJ Attorney Daly) (Dennis, M.) (Entered: 05/05/2009)
05/07/2009 29 MOTION to Dismiss Indictment by Peter Hendrickson. (Attachments: # 1 Index of Authorities) (Russell, Lyle) (Entered: 05/07/2009)
05/07/2009 30 MOTION for Discovery by Peter Hendrickson. (Attachments: # 1 Index of Exhibits Index to Exhibits, # 2 Exhibit Letter of November 24, 2008, # 3 Exhibit Letter of March 6, 2009, # 4 Exhibit Letter of April 21, 2009, # 5 Exhibit IRS Certificate of Assessments) (Dennis, M.) (Entered: 05/07/2009)
05/08/2009 31 ORDER TO RESPOND as to Peter Hendrickson. ( Responses due by 5/13/2009, Motion Hearing set for 5/14/2009 03:00 PM before District Judge Gerald E Rosen) Signed by District Judge Gerald E Rosen. (RBri) (Entered: 05/08/2009)
05/11/2009 32 NOTICE Amended Index of Authorities by Peter Hendrickson re 29 MOTION to Dismiss Indictment (Russell, Lyle) (Entered: 05/11/2009)
05/11/2009 33 Certificate of Service by Peter Hendrickson re 29 MOTION to Dismiss Indictment Amended Certificate of Service. (Russell, Lyle) Modified on 5/11/2009 (PMil).[DOCUMENT IS A BLANK PAGE] (Entered: 05/11/2009)
05/12/2009 34 Certificate of Service by Peter Hendrickson re 29 MOTION to Dismiss Indictment Amended. (Russell, Lyle) (Entered: 05/12/2009)
05/13/2009 35 RESPONSE by United States of America as to Peter Hendrickson re 27 MOTION to Dismiss Indictment for Violation of Rule 7 and Rule 12(b), Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments to the United States Constitution (Daly, Mark) (Entered: 05/13/2009)
05/13/2009 36 RESPONSE by United States of America as to Peter Hendrickson re 29 MOTION to Dismiss Indictment (Daly, Mark) (Entered: 05/13/2009)
05/13/2009 37 RESPONSE by United States of America as to Peter Hendrickson re 30 MOTION for Discovery (Daly, Mark) (Entered: 05/13/2009)
05/13/2009 38 RESPONSE by United States of America as to Peter Hendrickson re 28 MOTION for Disclosure of Grand Jury Material Pursuant to Rule 6(e)(3)(E)(i)and(ii) (Daly, Mark) (Entered: 05/13/2009)
05/14/2009 Minute Entry for proceedings held before District Judge Gerald E Rosen: Motion Hearing held on 5/14/2009 re 29 MOTION to Dismiss Indictment, 16 Renewed MOTION for Discovery Renewed and Clarified Motion for Notice of 404(b) Evidence, 27 MOTION to Dismiss Indictment for Violation of Rule 7 and Rule 12(b), Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments to the United States Constitution, 18 MOTION to Dismiss Motion to Dismiss Indictment, 28 MOTION for Disclosure of Grand Jury Material Pursuant to Rule 6(e)(3)(E)(i)and(ii), 30 MOTION for Discovery filed by Peter Hendrickson. Disposition: Taken Under Advisement(Court Reporter: Rene Twedt) (Defendant Attorney: Lyle D. Russell, Jr, M. Ellen Dennis) (AUSA: Michael Leibson) (RBri) (Entered: 05/15/2009)

The above is the complete docket for this case. It's been more than four months since the defense asked for a delay, and there's still no trial date set???

[Doktor Avalanche]

My dear, the mills of justice grind slowly - but they do grind finely.

He'll get his day in court soon enough.

[notorial dissent]

I just pity the poor clerk who has to read that dreck and not lose their lunch.

[wserra]

The wheels of federal criminal justice tend not to grind all that slowly. This judge is obviously not running a rocket docket. Not that this is bad, as there are more important things.

[Demosthenes]

I'll be more specific.

If the defense asked for the trial to be delayed for 90 days, and it's now more than 120 days later with a trial date still not set, aren't there speedy trial issues?

[Red Cedar PM]

The wheels of federal criminal justice tend not to grind all that slowly. This judge is obviously not running a rocket docket. Not that this is bad, as there are more important things.

This is obviously why I am not an attorney. It would require a great deal more of patience than I have to be a judge (or a prosecutor, for that matter) and have this crap lingering out there for so long. I think it's just a CPA's mindset to get it done quickly, efficiently, and move on. Maybe attorneys just have a harder time accumulating billable hours than we do.

[Dezcad]

I'll be more specific.

If the defense asked for the trial to be delayed for 90 days, and it's now more than 120 days later with a trial date still not set, aren't there speedy trial issues?

It has been a little while since I've looked, but I think the filing of the pretrial Motion to Dismiss the Indictment tolls the time calculated toward the speedy trial rule. There is also a period of time (I think 30 days) that is tolled when a Motion is under advisement.

[wserra]

If the defense asked for the trial to be delayed for 90 days, and it's now more than 120 days later with a trial date still not set, aren't there speedy trial issues?

Time attributable to defense motions is excludable from the speedy trial clock. 18 USC 3161(h)(1)(D). I think there are a couple of those out there. And how much time the defense requests does not really matter, since the statute excludes "Any period of delay resulting from other proceedings concerning the defendant, including but not limited to ... delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion". I know the Second Circuit excludes time for the preparation of defense motions as well, and I assume the other Circuits do too (at least so long as the defense requests time).

[Judge Roy Bean]

Date Filed # Docket Text
...
05/14/2009 Minute Entry for proceedings held before District Judge Gerald E Rosen: Motion Hearing held on 5/14/2009 re
29 MOTION to Dismiss Indictment,
16 Renewed MOTION for Discovery Renewed and Clarified Motion for Notice of 404(b) Evidence,
27 MOTION to Dismiss Indictment for Violation of Rule 7 and Rule 12(b), Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments to the United States Constitution,
18 MOTION to Dismiss Motion to Dismiss Indictment,
28 MOTION for Disclosure of Grand Jury Material Pursuant to Rule 6(e)(3)(E)(i)and(ii),
30 MOTION for Discovery filed by Peter Hendrickson.
Disposition: Taken Under Advisement(Court Reporter: Rene Twedt) (Defendant Attorney: Lyle D. Russell, Jr, M. Ellen Dennis) (AUSA: Michael Leibson) (RBri) (Entered: 05/15/2009)

The above is the complete docket for this case. It's been more than four months since the defense asked for a delay, and there's still no trial date set???

In all, six motions were taken under advisement by the court just last week. I would expect keyboards are clicking, mouses are moving and heads are being scratched while churning through the defense blather to produce the ruling. Given the defendant's propensity to appeal, a blanket denial of all the motions without substantive analysis is probably not in the cards.

[Demosthenes]

Time attributable to defense motions is excludable from the speedy trial clock. 18 USC 3161(h)(1)(D). I think there are a couple of those out there. And how much time the defense requests does not really matter, since the statute excludes "Any period of delay resulting from other proceedings concerning the defendant, including but not limited to ... delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion". I know the Second Circuit excludes time for the preparation of defense motions as well, and I assume the other Circuits do too (at least so long as the defense requests time).

Got it. Thanks!