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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON AT SEATTLE 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 vs. 

THOMAS TURNER, 

 Defendant. 

No. CR05-0355JCC 

ORDER ON MOTION TO 

CONTINUE TRIAL DATE 

 

 This matter, having come before the Court on Turner’s Motion to continue the trial 

date (Dkt. 40), and the Court having considered the papers filed by the parties, together 

with the balance of the records and files herein, this Court now finds as follows: 

The current pretrial motions cut-off date is August 21, 2006 and the trial date is 

October 23, 2006. Thomas Turner was indicted September 25, 2005 for seven criminal 

counts of making false statements to outside auditors from Ernst & Young (E & Y) for 

Metropolitan Mortgage and Summit Securities. Dkt 1, Indictment. Mr. David Vance 

Marshall represented Mr. Turner at arraignment. Because funds to hire counsel from a 

Director’s and Officer’s insurance police were not immediately available, Mr. Marshall 

moved to withdraw and have CJA counsel appointed for Mr. Turner. See Dkt. 11, Motion 

 JUDGE JOHN C. COUGHENOUR 

Case 2:05-cr-00355-JCC Document 49 Filed 07/18/06 Page 1 of 3
ORDER - 2 

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to Withdraw and Dkt. 12, Declaration of David Vance Marshall in Support of Motion for 

Leave to Withdraw. On November 9, 2005, Ms. Suzanne Lee Elliott was appointed to 

represent Mr. Turner. See Dkt. Nos. 25 and 26, Minute Order, referencing November 9, 

2005 CJA Appointment Order. On May 17, 2006, The Honorable Fred Van Sickle in the 

Eastern District of Washington entered an order making insurance funds available to Mr. 

Turner for his defense. Mr. Turner immediately notified this Court of the status change, 

and that he may no longer be considered “indigent” for purposes of CJA appointment 

(though he remains unemployed). On May 31, 2006 Magistrate Judge James Donohue 

concluded that Mr. Turner is no longer entitled to appointment of counsel in this matter. 

Mr. Turner now seeks to continue the trial date so that he can re-hire Mr. Marshall 

as co-counsel to Ms. Elliott. He has filed a waiver of his right to a speedy trial up to and 

through June 30, 2007. See Dkt. 39. Mr. Marshall has submitted a declaration setting 

forth the reasons why he would not be prepared for trial in this matter until April 2007, 

including facts regarding his schedule, his prior commitments to clients and the complexity 

of this case. 

If this Court were to deny the continuance, Mr. Marshall would be unable to 

appear and defend Mr. Turner. A continuance is necessary to ensure Mr. Turner’s Sixth 

Amendment right to retain counsel of his choice and is further justified under 18 U.S.C. §§ 

3161(h)(8)(B)(i) and (ii). This is a complex case and denial of the continuance would 

unreasonably deny Defendant reasonable time to consult with counsel and prepare for trial. 

The proposed continuance does not appear to prejudice the Government. Thus, 

this Court finds that the interests of the public and the parties in a speedy trial are 

outweighed by the end of justice within the meaning of 18 U.S.C. § 3161(h)(8)(A). 

Case 2:05-cr-00355-JCC Document 49 Filed 07/18/06 Page 2 of 3
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Accordingly, it is hereby ordered that the pretrial motions cut-off date is extended 

to February 15, 2007 and the trial date is continued to April 9, 2007. The time between 

the date of this Order and the new trial date shall be excluded under the Speedy Trial Act 

pursuant to 18 U.S.C. § 3161(h)(8)(A) and §§ 3161(h)(8)(B)(i) and (ii). 

A

SO ORDERED this 18th day of July, 2006. 

John C. Coughenour 

United States District Judge 

Case 2:05-cr-00355-JCC Document 49 Filed 07/18/06 Page 3 of 3