Free Status Conference - District Court of Colorado - Colorado

Case 1:03-cr-00495-WDM

Document 341

Filed 08/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Probation Officer: n/a CASE NO. 03-CR-00495-WDM Parties UNITED STATES OF AMERICA, Plaintiff, vs. FREDERICK D. DEBERRY, RODGERICK L. LACKEY and PAUL S. TALIFERO,

Date: August 8, 2006 Time: 20 minutes Interpreter: n/a

Counsel Joshua Stein David Conner

Mark Johnson Charles Elliott for Scott Reisch Michael Norton

Defendants.

STATUS CONFERENCE

1:35 p.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Defendants Frederick and Rodgerick Lackey are present and in custody. Defendant Paul Talifero' appearance has been waived. s Comments by Mr. Johnson in support of his request for a 60 day continuance as a result of his recent appointment to represent defendant DeBerry. Comments by Mr. Elliott and Mr. Norton, advising they have no objection to a

Case 1:03-cr-00495-WDM

Document 341

Filed 08/08/2006

Page 2 of 2

continuance. Page Two 03-CR-00495-WDM August 8, 2006 Comments by Mr. Stein opposing a continuance as to defendants Lackey and Talifero. Court concludes that the ends of justice served by excluding from today, up to and including December 31, 2006 from the speedy trial calculations outweigh the best interest of the public and the defendants in a speedy trial. Taking into account the exercise of due diligence. Given the circumstances of newly appointed counsel, to require defendants to go to trial within the established speedy trial deadline would be unreasonable to expect adequate preparation for pretrial and trial. ORDERED: Motions hearing scheduled for September 5, 2006 is VACATED. Counsel directed to chambers to schedule motions hearing before the end of the year and a trial, consistent with speedy trial, assuming the Court rules on the pending motions at the motions hearing. ORDERED: Defendant is REMANDED to the custody of the United States Marshal. 1:55 p.m. COURT IN RECESS 20 minutes

Total in court time: Hearing concluded