Vous êtes sur la page 1sur 2

Case 3:07-cr-00289-M Document 609 Filed 12/22/2008 Page 1 of 2

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA *


*
v. * Criminal No.: 3:07-CR-289-M
*
DONALD W. HILL (01) *
a/k/a “Don Hill” *
D’ANGELO LEE (02) *
SHEILA D. FARRINGTON (03) *
a/k/a “Sheila Hill” *
BRIAN L. POTASHNIK (04) *
CHERYL L. POTASHNIK (05) *
a/k/a “Cheryl L. Geiser” *
DARREN L. REAGAN (07) *
a/k/a “Dr. Darren L. Reagan”
RICKEY E. ROBERTSON (10) *
a/k/a “Rick Robertson” *
KEVIN J. DEAN (13) *
JOHN J. LEWIS (14) *

ORDER GRANTING JOINT MOTION TO CONTINUE THE TRIAL DATE

Before the Court is the Joint Motion to Continue the Trial Date [Docket Entry #606].
The Motion is GRANTED, and the January 20, 2009 trial date, as well as all unelapsed dates
set forth in the Third Amended Trial Setting Order, are VACATED. The trial of Don Hill,
D’Angelo Lee, Sheila Farrington, Brian Potashnik, Cheryl Potashnik, Darren Reagan, Rickey
Robertson, Kevin Dean, and John Lewis, except for those counts that have been severed by
this Court, shall begin on June 22, 2009.
The Court has previously found, by Order dated November 27, 2007, that pursuant to
18 U.S.C. § 3161(h)(8)(B)(ii), because of the nature of this case, the voluminous evidence, and
the number of Defendants, it is unreasonable to expect adequate preparation for pretrial
proceedings and for the trial itself within the time limits established by the Speedy Trial Act,
and the Court agreed with those parties who advocated that the case is a “complex case” and
should be taken out of the ordinary strictures of the Speedy Trial Act.
Case 3:07-cr-00289-M Document 609 Filed 12/22/2008 Page 2 of 2

The Court further finds that the following factors justify a continuance in this case:
(1) the complexity of the case and the nature of the proof will require more time for trial
preparation than a typical case, (2) the failure to continue the case would deny all counsel
and the Government the reasonable time necessary for effective preparation for the existing
January 20, 2009 trial date, taking into account the exercise of due diligence pursuant to 18
U.S.C. § 3161(h)(8)(B)(iv), and (3) counsel for several parties have irreconcilable conflicts
with the current trial date. Furthermore, the ends of justice served by granting the
requested continuance outweigh the best interests of the public and the Defendants in a
speedy trial, and the time from the previous trial date of January 20, 2009, and the new trial
date of June 22, 2009, constitutes an excludable period of delay under 18 U.S.C. §
3161(h)(8)(A).
It is hereby ORDERED that the trial and pretrial conference set for Defendants
DONALD W. HILL, D’ANGELO LEE, SHEILA D. FARRINGTON, BRIAN L. POTASHNIK,
CHERYL L. POTASHNIK, DARREN L. REAGAN, RICKEY E. ROBERTSON, KEVIN J.
DEAN, and JOHN J. LEWIS, shall be CONTINUED to June 22, 2009, at 9:00 a.m.
Trial of the severed counts as to Defendants GLADYS HODGE, JIBREEL A. RASHAD,
AND RONALD L. SLOVACEK, will commence on a date to be set after the June 22, 2009
trial, as those parties and the government have agreed. .
The parties are directed to file a separate motion with the Court to set new pre-trial
dates for remaining motions and other filings no later than January 20, 2009.
The Court will issue a new scheduling order, as well as set the trial dates for the
severed counts, in forthcoming orders.
SO ORDERED.
DATED: December 22, 2008.

_________________________________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS

Vous aimerez peut-être aussi