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[Proposed] Order Continuing Trial Date - 1

United States v. William Edward Cook, No CR 06-15RSL

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

The Honorable Robert S. Lasnik

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

 Plaintiff,

v.

WILLIAM EDWARD COOK,

Defendant. 

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NO. CR 06-15RSL

ORDER

CONTINUING TRIAL DATE

Based upon the reasons stated in the joint motion of the parties to continue the

trial date, and upon a review of the records and files herein, this Court adopts the

stipulation of the parties and FINDS and RULES as follows: 

The parties have jointly moved for a continuance of the trial date, currently

scheduled for July 24, 2006. As primary grounds therefore, the parties indicated that,

due to a conflict of interest with prior counsel, on July 18, 2006, less than a week

before the scheduled trial, new counsel, Thomas A. Cena, Jr., was appointed. Thus, a

failure to grant a continuance would unreasonably deny counsel for the defendant the

reasonable time necessary for effective preparation, taking into account the exercise of

due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). 

Moreover, the case is further complicated by additional uncharged robberies, as

well as a pending Escape charge. The parties have indicated that the current trial date

Case 2:06-cr-00015-RSL Document 26 Filed 07/21/06 Page 1 of 3
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[Proposed] Order Continuing Trial Date - 2

United States v. William Edward Cook, No CR 06-15RSL

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

of July 24, 2006, does not afford new counsel the time necessary to investigate the

current charge, the additional robberies, as well as to explore the ramifications of the

Escape charge and the commission of the current offense on defendant’s prior

conviction. 

The parties agree that the ends of justice served by granting this motion to

continue outweigh the best interest of the public and defendant in a speedy trial. The

parties also agree that the case is unusual because of the prior conviction, pending

Escape charge, and likely additional counts of bank robbery. 

It therefore appearing to the Court that the failure to grant a continuance would

unreasonably deny counsel for the defendant the reasonable time necessary for effective

preparation, taking into account the exercise of due diligence, see 18 U.S.C. §

3161(h)(8)(B)(iv), and thus that the ends of justice served by granting the requested

continuance outweigh the interest of the public and the defendant in a speedy trial,

IT IS ORDERED that the trial date be continued from July 24, 2006, until 

October 2, 2006. Within ten (10) days of this order, defense counsel will file a waiver

by defendant of his right to a speedy trial under the Sixth Amendment for this time

period.

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[Proposed] Order Continuing Trial Date - 3

United States v. William Edward Cook, No CR 06-15RSL

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

IT IS FURTHER ORDERED that the period of delay from the date of this

Order, until October 2, 2006, is excludable time pursuant to 18 U.S.C.

§ 3161(h)(8)(A), for the purpose of computing the time limitations imposed by the

Speedy Trial Act. 

DATED this 21st day of July, 2006.

s/Ricardo S. Martinez for 

ROBERT S. LASNIK

UNITED STATES DISTRICT JUDGE

Presented By:

JOHN McKAY

United States Attorney

/s/ Tessa M. Gorman 

TESSA M. GORMAN

Assistant United States Attorney

WSBA# 35908

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, Washington 98101

Telephone (206) 553-4994

Facsimile (206) 553-0755

Email: Tessa.Gorman@usdoj.gov

/s/ Thomas A. Cena, Jr.* 

THOMAS A. CENA, JR.

Attorney at Law

Counsel for WILLIAM COOK

2115 North 30th, Suite 202

Tacoma, Washington 98403-3318

Telephone (253) 572-5120

Facsimile (253) 593-4503

*Signed electronically per telephone authorization. 

Case 2:06-cr-00015-RSL Document 26 Filed 07/21/06 Page 3 of 3