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Bruce Feder (AZ Bar No. 004832)

FEDER LAW OFFICE PA

2930 E. Camelback Road, Suite 160

Phoenix, Arizona 85016

Telephone: (602) 257-0135

bf@federlawpa.com

Attorney for Scott Spear

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff,

vs.

Scott Spear,

 

Defendant.

Case No. 2:18-cr-00422-PHX-SMB

DEFENDANT SPEAR’S RESPONSE

AND OPPOSITION TO COURT 

ORDER ACCELERATING TRIAL 

DATE (DKT. 1217)

Defendant Scott Spear files this response and opposition to the Court’s order from 

earlier today accelerating the trial date by six days due to Defendant John Brunst’s request 

for trial suspension for two days during the Jewish holidays of Rosh Hashanah and Yom 

Kippur (see DKT. 1217). Spear and undersigned counsel request that trial begin on 

September 8, 2021 due to undersigned counsel’s ongoing health issues. The prior continuance 

(setting trial for September 7, 2021) was granted to accommodate counsel’s health issues and 

ensure that counsel had sufficient time to prepare his client’s defense. The Court’s order 

from today effectively unwinds that necessary continuance. The two days that would need to 

be made up to accommodate the religious request (see DKT. 1214) can instead be made up 

on two other days during trial (such as September 13 and another day) or at the end of trial. 

Counsel for the other defendants do not object to this request. The government likewise did 

not object to the request to suspend trial during the Jewish holidays and to make up those two 

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dates later in the trial calendar (see DKT. 1214). Both sides are already under the Court’s 

order to begin trial on September 7, 2021 (see DKT. 1211), and have scheduled the exchange 

of witness and exhibit lists based on that date.

The Court set trial to begin on September 7, 2021 because undersigned counsel’s 

medical situation both impacted counsel’s ability to work and prepare for trial and also 

created a public safety issue to have other trial participants or Defendant Spear around 

counsel. See Docket No. 1211. Counsel notified this Court as soon as counsel’s medical 

issues presented. See Docket No. 1184. When counsel’s condition did not improve and 

precluded his ability to prepare for trial, counsel requested a three-week continuance. See 

Docket No. 1198. The Court instead granted a two-week continuance of trial and a one-week 

continuance of the final pretrial conference (see DKT. 1211). 

Unfortunately, undersigned counsel and his assistant are still symptomatic at this time. 

Counsel and his staff are hesitant to meet with Defendant Spear (see below), cannot come to 

Court under District Court General Order 21-11, and cannot effectively prepare for trial. 

Accelerating the trial start date is especially problematic, as a matter of due process, to Spear 

and public safety to all trial participants (see New York Times article, “Can the Vaccinated 

Develop Long Covid After a Breakthrough Infection?” dated August 16, 2021, attached 

hereto as Exhibit A).

Defendant Spear’s medical conditions makes meeting with counsel medically risky 

(see Exhibit B, submitted under seal). Though counsel and staff can communicate with Spear 

by phone and through zoom, there are issues in the weeks before trial that need to be addressed 

in person. The inability to do this prejudices Spear’s defense and compromises his due 

process rights.

Additionally, counsel and staff are presently prohibited from coming to Court (see

District Court General Order 21-11, attached hereto as Exhibit C). This Order mandates that

“[n]o person who has a fever, cough, sore throat, shortness of breath, unusual muscle pain, 

recent loss of taste or smell, nasal congestion or a runny nose (unless due to known allergies) 

is authorized to enter the courthouse.” Counsel continues to have a cough, loss of/reduced 

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sense of taste and smell, and fatigue, while his assistant has continued to have a reduced sense 

of taste and smell, fatigue, Paresthesia or “Pins and Needles Syndrome”, and brain fogginess, 

or “COVID-Brain,” which adversely affects the cognitive and memory parts of the brain (see

article from University of Michigan Medicine “Numbness and Tingling after COVID-19: 

Care Instructions” and article from Harvard Medical School, “What is COVID-19 Brain Fog 

and How Can You Clear It?” attached hereto as Exhibit D). Accordingly, under the General 

Order governing the courthouse, counsel cannot appear at the August 20, 2021, Final Pretrial 

Conference, unless the Court overrides General Order 21-11. 

Further, undersigned’s continued symptoms, inability to meet with the client, and 

potential inability to participate in Friday’s pretrial conference have continued to limit 

undersigned’s ability to effectively prepare for trial. Commencing trial earlier than planned 

will exacerbate these issues, which the Court recognized in continuing the trial by two weeks. 

Allowing trial to begin on September 8, 2021 is prudent to give counsel and staff as much 

time as possible to recover and become asymptomatic. 

Finally, the two days of trial that will need to be made up elsewhere to accommodate 

the Jewish holidays can be easily accomplished without accelerating trial by six days. The 

trial day of September 7, which would be suspended for Rosh Hashanah, can instead occur 

on September 13, 2021, for example. The trial day of September 16, which would be 

suspended for Yom Kippur, can instead occur on September 23, 2021, as the Court already 

noted (see DKT. 1217). It is not necessary to accelerate trial by six days to accommodate 

two days of Jewish holidays. Moreover, as a matter of due process to Defendant Spear and 

public safety to all trial participants and those in the courthouse, it makes sense to start trial 

on September 8, 2021 and use September 13, 2021 and another day to accommodate the 

Jewish holidays.

Defendant Spear and undersigned counsel request that trial begin on September 8, 

2021, due to undersigned counsel and his assistant’s ongoing health issues. Counsel does not 

make this motion for reason of delay, but in the interest of justice.

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RESPECTFULLY SUBMITTED this 16th day of August 2021,

FEDER LAW OFFICE PA

s/ Bruce Feder

Bruce Feder

Attorneys for Scott Spear

CERTIFICATE OF SERVICE

I hereby certify that on August 16, 2021, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice 

of Electronic Filing to the CM/ECF registrants who have entered their appearance as counsel 

of record. 

/s/ Mali Evans

Mali Evans

Case 2:18-cr-00422-DJH Document 1218 Filed 08/16/21 Page 4 of 4