1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER GRANTING THE DEFENSE 

REQUEST TO CONTINUE TRIAL DATE

United States v. Tracy Damon Lee, CR06-0164JLR - 1 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

Judge Robart

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR06-0164JLR

Plaintiff, )

) ORDER GRANTING THE 

v. ) DEFENSE REQUEST TO 

) CONTINUE TRIAL DATE

TRACY DAMON LEE, )

)

Defendant. ) )

THE COURT having considered the defendant’s request to continue the trial date

and the defendant’s agreement to extend the time for trial to November 13, 2006 (in open

court and through a written waiver), as well as the records and files herein, hereby makes

the following findings of fact:

1. That the defense believes the testimony of the fingerprint examiner who

lifted the latent print from the firearm, which was later matched to one of the defendant’s

fingerprints, is a critical witness to the defense because she is expected to testify

regarding the exact location of the fingerprint on the firearm and its direction. The

defense believes that this testimony is consistent with, and supports, their version of the

events and their explanation for how the defendant’s fingerprint was placed on the

firearm. This witness is responsible for, and will be, conducting an out-of-state training

the week during which the trial is currently scheduled. 

2. That the defense believes that the government’s disclosure that it would not

introduce the defendant’s taped statement to the detective, as previously anticipated, has

Case 2:06-cr-00164-JLR Document 58 Filed 10/16/06 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER GRANTING THE DEFENSE 

REQUEST TO CONTINUE TRIAL DATE

United States v. Tracy Damon Lee, CR06-0164JLR - 2 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

changed the landscape of the case. As a result of the government’s decision, the

defendant would now have to take the stand in order to get his version of the events

before the jury. The defendant believes it needs additional time to prepare and to decide

whether or not to testify in light of this unexpected development. The additional time is

required for essentially two reasons. First, the defendant must consider his prior

convictions and their possible use as impeachment at trial before deciding whether or not

to testify. Second, and most importantly, the defense needs additional time to finish

listening to the defendant’s taped phone conversations. There are, at a minimum, a

couple hundred phone conversations, contained on 43 separate compact discs, some of

which the government has advised they intend to use to impeach the defendant should he

testify at trial. 

3. The Court finds that a failure to grant a continuance of the current trial date

(to October 16, 2006) would deny the defendant and his counsel, the reasonable time

necessary for effective preparation, taking into account the exercise of due diligence,

within the meaning of 18 U.S.C. § 3161(h)(8)(B)(ii).

4. The Court further finds that the ends of justice will be served by ordering a

continuance in this case and that a continuance is necessary to insure effective trial

preparation and that these factors outweigh the bests interests of the public in a more

speedy trial within the meaning of 18 U.S.C. § 3161(h)(8)(A). 

IT IS THEREFORE ORDERED that the trial date be continued from October 16,

2006, to November 7, 2006.

//

//

//

//

//

Case 2:06-cr-00164-JLR Document 58 Filed 10/16/06 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 ORDER GRANTING THE DEFENSE 

REQUEST TO CONTINUE TRIAL DATE

United States v. Tracy Damon Lee, CR06-0164JLR - 3 UNITED STATES ATTORNEY

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

(206) 553-7970

IT IS FURTHER ORDERED that the period of time from October 16, 2006, up to

and including the new trial date November 13, 2006, shall be excludable time pursuant to

the Speedy Trial Act, 18 U.S.C. §§ 3161, et. seq. 

DONE this 16th day of October, 2006. 

A JAMES L. ROBART

United States District Judge

Presented by:

 s/ C. Andrew Colasurdo C. ANDREW COLASURDO

Special Assistant United States Attorney

WA Bar #27449

United States Attorney’s Office

700 Stewart Street, Suite 5220

Seattle, WA 98101-1271

Telephone: (206) 553-4075

Fax: (206) 553-0755

E-mail: Andy.Colasurdo@usdoj.gov

s/ Walter Palmer (per telephonic approval) 

WALTER PALMER

Attorney for Tracy Damon Lee

Case 2:06-cr-00164-JLR Document 58 Filed 10/16/06 Page 3 of 3