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Order Continuing Trial Date /Foster — 1

CR06-0041RSL

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CRO6-0041RSL

Plaintiff, )

)

v. ) ORDER CONTINUING TRIAL DATE

)

PAUL FOSTER, )

)

Defendant. ) 

_________________________________)

ORDER

The Court, having reviewed the records and files herein, enters the following

order:

1. Defendant Paul Foster has been charged with Accessory After the Fact to

Violent Crime in Aid of Racketeering (Murder), pursuant to 18 U.S.C. § 3. This Court

has entered an Order severing defendant Foster’s trial from his co-defendants, and an

Order continuing the trial date of his co-defendants to March 5, 2007.

2. Defense counsel for several co-defendants acknowledge the need for a

continuance. Defendant Foster, who is out of custody, has not opposed a motion to

continue the trial date. The Court finds that the interests of justice require that a trial of

Foster’s co-defendants, all of whom are in custody, occur before Foster’s trial. This

ensures that the defendants in pretrial detention will be tried within 13 months of their

arrest, and that their trial will not be delayed based upon the need to conduct defendant

Foster’s trial first. 

3. The Court also finds that several weeks of delay are now excludable under

the Speedy Trial Act. The following periods of delay are excluded in computing the time

Case 2:06-cr-00041-RSL Document 372 Filed 12/20/06 Page 1 of 2
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Order Continuing Trial Date /Foster — 2

CR06-0041RSL

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

within which the trial of an offense must commence: “[D]elay resulting from any pretrial

motion, from the filing of the motion through the conclusion of the hearing on, or other

prompt disposition of, such motion.” 18 USC 3161(h)(1)(F). A number of pretrial

motions have been filed in this case, including at least one motion filed by defendant

Foster, which require evidentiary hearings. Moreover, the resolution of motions filed by

other defendants may have a bearing on evidence admitted in Foster’s trial.

4. In light of the above, the Court finds that the ends of justice outweigh the

best interest of the public and the defendants in a speedy trial, and finds that a trial

continuance is reasonable as to defendant Foster. This case is so complex, given the

number of all defendants, and the nature of the prosecution, that it would be unreasonable

to expect the parties to adequately prepare for pretrial proceedings or the trial itself by the

January 8, 2007 trial date. See 18 USC § 3161(h)(8)(B)(ii). Failure to grant a

continuance based upon the circumstances pertaining to all defendants would result in a

miscarriage of justice, in that defense counsel and the government would not have

adequate time to prepare the matter for trial. The continuance provides counsel a

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

exercise of diligence. See 18 USC 3161(h)(8)(B)(i). 

IT IS HEREBY ORDERED that the trial date is continued from January 8, 2007 to

June 4, 2007.

IT IS FURTHER ORDERED that pursuant to Title 18, United States Code,

Section 3161(h), the period of time from the date of this order to the new trial date is

excluded in the computation of time under the Speedy Trial Act.

 DONE this 20th day of December, 2006.

A

Robert S. Lasnik

United States District Judge

 

Case 2:06-cr-00041-RSL Document 372 Filed 12/20/06 Page 2 of 2