The opinion of the court was delivered by: Judge: Hon. Maxine Chesney
[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE
Current Hearing Date: March 11, 2009
Proposed Hearing Date: April 1, 2009
The above-captioned case is currently scheduled for a status conference on Wednesday, March 11, 2009 at 2:30 p.m. At the last appearance, the parties advised the Court that they were waiting for the results of DNA testing, and that the results of that testing would drive the possible resolution of the case.
The DNA testing is now complete, and has led to the arrest of a second person in this incident -- Stephen Grady. Mr. Grady has been charged by a complaint (CR 09-70193-MAG), and the government intends to seek a superseding indictment in this case -- joining Mr. Grady and the defendant, Mr. Bernard, in a single indictment.
Therefore, the parties jointly request that the date for the status conference in this case be continued until Wednesday, April 1, 2008 at 2:30 p.m. so that the status of the case can be determined in light of the new superseding indictment sought by the government. The government expects that both Mr. Grady and Mr. Bernard will be before the Court at that time.
Further, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from Wednesday, March 11 through Wednesday, April 1, 2009 for effective preparation and continuity of counsel. The parties agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A).
SPEEDY TRIAL ACT IMPLICATIONS
Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are sixty-seven (67) days remaining before the trial in this case must commence. Taking the stipulated time exclusion from from Wednesday, March 11 through Wednesday, April 1, 2009 into account, the "speedy trial" date for this matter is June 7, 2009.
DATED JOSEPH P. RUSSONIELLO United States Attorney Northern ...