1

DEFENDANT VAUGHT’S MOTION FOR LEAVE FOR HER AND HER COUNSEL TO APPEAR BY PHONE 

AT SEPTEMBER 5, 2023 STATUS CONFERENCE

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

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

Joy Malby Bertrand (AZ Bar No. 024181)

JOY BERTRAND ESQ LLC

P.O. Box 2734

Scottsdale, Arizona 85252

Telephone: (602)374-5321

Facsimile: (480)361-4694

joy.bertrand@gmail.com

Attorney for Joye Vaught

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff,

vs.

Michael Lacey, et al., 

 

 Defendants.

NO. CR-18-00422-PHX-SMB

MOTION FOR LEAVE FOR 

DEFENDANT VAUGHT AND HER 

COUNSEL TO APPEAR BY PHONE AT 

SEPTEMBER 5, 2023 STATUS 

CONFERENCE

NOW COMES Defendant Joye Vaught to move this Court for leave for her and her lawyer 

to appear by phone at the September 5, 2023 wtatus conference in this matter. She further submits 

the following:

This Court set the September 5, 2023 status conference over the Labor Day weekend, to 

address Defendant Scott Spear’s recent Covid diagnosis and its impact on the current jury trial. Ms 

Vaught had not planned to be in Court on September 5, 2023. Instead, she had planned to work a 

full day. If she must come to court, she will lose several hours of work and, therefore, income. Her 

ability to work during this trial is significantly curtailed, so asking Ms. Vaught to attend in person 

would be a considerable hardship.

Case 2:18-cr-00422-DJH Document 1753 Filed 09/04/23 Page 1 of 2
2

DEFENDANT VAUGHT’S MOTION FOR LEAVE FOR HER AND HER COUNSEL TO APPEAR BY PHONE 

AT SEPTEMBER 5, 2023 STATUS CONFERENCE

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

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

In an abundance of caution, Counsel asks this Court to allow her to appear by phone at the 

September 5, 2023 hearing, as well. Counsel had planned to be returning from Nothern Arizona on 

September 5, 2023, returning to Phoenix in the evening. Additionally, while she has tested negative 

with at-home Covid tests, she does have some symptoms similar to those she had when she had 

Covid in June 2022: runny nose, constant headache, fatigue, and swelling in the joints of her hands. 

The joint swelling has only occurred for Counsel once before -- with the prior Covid infection. 

Since she was initially mis-diagnosed with “only” pneumonia the last time she had Covid, Counsel 

now is particularly cautious given this known exposure in close proximity to someone who has been 

diagnosed with and is symptomatic of Covid. 

The Court will find attached a proposed Order.

RESPECTFULLY SUBMITTED this Fourth day of September, 2023, 

By: /s/ Joy Bertrand

Joy Bertrand

Attorney for Joye Vaught

On September 4, 2023, a PDF version

of this document was filed with

Clerk of the Court using the CM/ECF

System for filing and for Transmittal

Of a Notice of Electronic Filing to Codefendant Counsel and 

CM/ECF registrants:

Kevin Rapp, kevin.rapp@usdoj.gov

Peter Kozinets, peter.kozinets@usdoj.gov

Margaret Perlmeter, margaret.perlmeter@usdoj.gov 

Andrew Stone, andrew.stone@usdoj.gov

Daniel Boyle, daniel.boyle2@usdoj.gov

Case 2:18-cr-00422-DJH Document 1753 Filed 09/04/23 Page 2 of 2