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 (PROPOSED) ORDER FOR CONTINUANCE

OF TRIAL & RELATED MATTERS

(HARLAN PHILIP JAMES) – CR05-0410RSL – 

FEDERAL PUBLIC DEFENDER

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101 1 (206) 553-1100

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

vs.

HARLAN PHILIP JAMES, 

Defendant.

 

 

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NO. CR05-0410RSL

(PROPOSED) ORDER FOR

CONTINUANCE OF TRIAL AND

RELATED MATTERS

Upon consideration of the parties’ Third Stipulated Motion for Continuance of Trial

and Related Matters, and the defendant’s agreement to continue the trial date until September

18, 2006,

THE COURT NOW FINDS that pursuant to Title 18, U.S.C. § 3161(h)(8)(A) and §

3161(h)(8)(B)(iv), the ends of justice served by continuing the trial date to September 18,

2006, outweigh the best interests of the public and the defendant in a speedy trial, in that, as

set forth in the parties’ Stipulation, it has been demonstrated that (1) the parties have acted

with due diligence in an effort to be prepared for a trial on May 1, 2006; (2) defense counsel

has demonstrated that he needs until September 18, 2006, to adequately prepare for trial by

conducting social history interviews, additional interviews of witnesses to the events, and

Case 2:05-cr-00410-RSL Document 27 Filed 04/06/06 Page 1 of 3
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 (PROPOSED) ORDER FOR CONTINUANCE

OF TRIAL & RELATED MATTERS

(HARLAN PHILIP JAMES) – CR05-0410RSL – 

FEDERAL PUBLIC DEFENDER

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101 2 (206) 553-1100

mental state evaluation of Mr. James; (3) while the crime charged is not a complex offense,

the defense investigation is logistically difficult and time consuming because some witnesses

to the alleged incident have not yet been identified, all of the witnesses are located on the

Lummi Indian Reservation, which is a substantial distance from counsel’s office in Seattle,

and it will take a number of investigative trips to the Lummi Indian Reservation to identify,

locate and obtain interviews with relevant witnesses to this case; (4) the investigation is

further complicated by the fact that it appears that some of the individuals who were witnesses

to the event may have been intoxicated at the time of the event; (5) between the date of the

first continuance order and the second continuance order, defense investigation revealed that

Mr. James’ mental state both before and at the time of the offense is a critical aspect of

effectively representing Mr. James, both for trial preparation and for his preparation of

negotiation with the government concerning a proper resolution of this case; (6) from the time

of the last continuance to March 23, 2006, Mr. James was under a civil commitment order at

the Pioneer Center North and was effectively unavailable to defense counsel for trial

preparation; and (7) defense counsel needs additional time to further develop information

concerning Mr. James’s mental state at the time of the alleged offense in order to both prepare

for trial and to be fully prepared for settlement discussions with the government. 

IT IS THEREFORE ORDERED that the trial in this matter is continued until

September 18, 2006.

IT IS FURTHER ORDERED that any pretrial motions be filed by July 6, 2006.

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 (PROPOSED) ORDER FOR CONTINUANCE

OF TRIAL & RELATED MATTERS

(HARLAN PHILIP JAMES) – CR05-0410RSL – 

FEDERAL PUBLIC DEFENDER

1601 Fifth Avenue, Suite 700

Seattle, Washington 98101 3 (206) 553-1100

IT IS FURTHER ORDERED that for the purposes of computing the time limitations imposed

by the Speedy Trial Act, 18 U.S.C. §§ 3161-3174, the period of delay from 

May 1, 2006, up to September 18, 2006, is excludable time pursuant to 18 U.S.C. 

§§ 3161(h)(8)(A) and (h)(8)(B)(iv).

DATED this 6th day of April, 2006.

A

Robert S. Lasnik

United States District Judge

Presented by:

s/ Michael Filipovic

WSBA No. 12319

Assistant Federal Public Defender

Attorney for Harlan Philip James

Federal Public Defender’s Office

1601 Fifth Avenue, Suite 700

Seattle, WA 98101

Tel. (206) 553-1100, Fax (206) 553-0120

Michael_Filipovic@fd.org

Agreed to by stipulation, notice of presentment waived, 

signature approved per telephone authorization:

s/ Carl Blackstone

Assistant United States Attorney

Case 2:05-cr-00410-RSL Document 27 Filed 04/06/06 Page 3 of 3