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Chief Judge Marsha J. Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

HENRY ROSENAU,

Defendant.

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NO. CR06-157MJP

STATUS REPORT REGARDING

PROCESS OF GOVERNMENT’S

MLAT REQUEST TO CANADA

AND REQUEST FOR

CONTINUANCE OF TRIAL DATE

COMES NOW the United States of America, by and through Jenny A. Durkan,

United States Attorney for the Western District of Washington, and Marc A. Perez and

Susan M. Roe, Assistant United States Attorneys for said District, and files this report on

the status of the Mutual Legal Assistance Treaty request in the above entitled case. The

Request was submitted to obtain the testimony of nearly 20 Canadian witnesses, nearly

all of whom are unavailable as a result of the defendant’s legal actions in Canada.

It appears that the formal MLAT request has now been accepted by the Canadian

government. That is, the formal MLAT is with the International Assistance Group

within Department of Justice Canada now, and no requests for clarification or revision

have been sent to the Office of International Affairs (OIA), U.S. Department of Justice.

There had been consultation and discussion between the two entities prior to the formal

presentation and it appears that the MLAT is now within parameters acceptable to

STATUS REPORT REGARDING PROCESSING OF

MLAT REQUEST AND REQUEST FOR CONTINUANCE

OF TRIAL DATE /HENRY ROSENAU - 1

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 74 Filed 02/16/12 Page 1 of 4
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Department of Justice Canada. Therefore, it is likely that the MLAT as submitted will

be approved.

The MLAT request is for certain evidence including official records, depositions

of two Canadian civilian witnesses, and permissive entry of several government

employees into the United States to testify at trial. It also contains a request that the

Assistant United States Attorneys be allowed to enter Canada to prepare witnesses,

review evidence, and take the depositions. Within the MLAT, whether witnesses would

be deposed or would testify in the United States was determined by the International

Assistance Group in consultation with OIA. The International Assistance Group is

aware of the pending March 19, 2012, trial date.

To date, no information has been given to the United States as to possible specific

dates or range of dates approved for the attorney visits, or the depositions. OIA

indicated to the undersigned that the Canadian government typically gives 30 to 45 days

notice of allowable dates. Once the government is informed of the dates, the

undersigned will request “Country Clearance,” a 15 day process required by the two

State Departments for every official trip to Canada. Today, OIA advised the

undersigned that it is unlikely that this will be accomplished within 30 days of today.

In light of the above, the government believes that the process is moving forward

in a timely manner. However, in light of the uncertainty of timing of the allowed country

visits and depositions, the government suggests a rescheduling of the current trial date

of March 19, 2012, to a date three to four weeks later. At this time, an additional few

weeks appears sufficient to process the MLAT yet maintains the “expedited” status of

the request.

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STATUS REPORT REGARDING PROCESSING OF

MLAT REQUEST AND REQUEST FOR CONTINUANCE

OF TRIAL DATE /HENRY ROSENAU - 2

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 74 Filed 02/16/12 Page 2 of 4
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This modest continuance sets a trial date well within the one year tolling of

speedy trial, allowed by Title 18, United States Code, Section 3161(h)(8).

DATED this 16th day of February, 2012.

Respectfully submitted,

JENNY A. DURKAN

United States Attorney

s/Susan M. Roe

SUSAN M. ROE

Assistant United States Attorney

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, WA 98101-1271

Telephone: (206) 553-1077

Fax: (206) 553-0755

E-mail: susan.roe@usdoj.gov

 s/Marc A. Perez 

Marc A. Perez

United States Attorney's Office

1201 Pacific Avenue, Suite 700

Tacoma, Washington 98402

Telephone: (253) 428-3822

Fax: (253) 428-3826

Email: Marc.Perez@usdoj.gov

STATUS REPORT REGARDING PROCESSING OF

MLAT REQUEST AND REQUEST FOR CONTINUANCE

OF TRIAL DATE /HENRY ROSENAU - 3

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 74 Filed 02/16/12 Page 3 of 4
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CERTIFICATE OF SERVICE

I hereby certify that on February 16, 2012, I electronically filed the foregoing with

the Clerk of Court using the CM/ECF system which will send notification of such filing

to the attorney of record for the defendant.

s/ Kathleen M. McElroy 

KATHLEEN M. McELROY

Paralegal Specialist

United States Attorney’s Office

700 Stewart, Suite 5220

Seattle, Washington 98101-1271

Phone: 206-553-7970

Fax: 206-553-0755

E-mail: Katie.McElroy@usdoj.gov

 

STATUS REPORT REGARDING PROCESSING OF

MLAT REQUEST AND REQUEST FOR CONTINUANCE

OF TRIAL DATE /HENRY ROSENAU - 4

CR06-157MJP

UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Case 2:06-cr-00157-MJP Document 74 Filed 02/16/12 Page 4 of 4