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GARY M. RESTAINO

United States Attorney

District of Arizona

KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov) MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov) PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov) 

ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov) Assistant U.S. Attorneys

40 N. Central Avenue, Suite 1800

Phoenix, Arizona 85004-4408

Telephone (602) 514-7500

DAN G. BOYLE (N.Y. Bar No. 5216825, daniel.boyle2@usdoj.gov) Special Assistant U.S. Attorney

312 N. Spring Street, Suite 1400

Los Angeles, CA 90012

Telephone (213) 894-2426

KENNETH POLITE

Assistant Attorney General 

Criminal Division, U.S. Department of Justice

AUSTIN M. BERRY (Texas Bar No. 24062615, austin.berry2@usdoj.gov) U.S. Department of Justice

Child Exploitation and Obscenity Section

1301 New York Avenue, NW, 11th Floor

Washington, D.C. 20005

Telephone (202) 412-4136

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

v. 

Michael Lacey, et al.,

Defendants.

CR-18-422-PHX-DJH

UNITED STATES’ RESPONSE TO 

DEFENDANTS’ EMERGENCY

MOTION TO CONTINUE TRIAL

Case 2:18-cr-00422-DJH Document 1662 Filed 08/02/23 Page 1 of 3
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The United States is prepared to go forward with trial as planned on August 8, 2023. 

The United States objects to any continuance that would result in a different venire panel. 

Undersigned counsel are sympathetic to the remaining individuals involved in this matter

given the news of Mr. Larkin. Indeed, on August 1, 2023, undersigned counsel represented 

as much on a conference call with defense counsel, and noted that we could conceive a 

continuance of two to three weeks, but only to the extent that it would allow the current 

venire panel to be utilized so that all the work by the prospective jurors, the Clerk’s Office, 

the Court, and the parties and their counsel could be salvaged. 

The United States believes that a short continuance of no more than two or three 

weeks would allow the same venire panel to be maintained, give the parties and their 

counsel time to grieve, and still vindicate the public and the victims’ rights to a speedy 

trial. See Crime Victims’ Rights Act, 18 U.S.C. § 3771(a)(7) (“a crime victim has . . .The 

right to proceedings free from unreasonable delay.”). Indeed, the United States has 

contacted several of the victims, as is our statutory obligation, and each victim has 

expressed frustration at the idea of yet another delay. A continuance of just a couple of 

weeks would still result in the trial ending before Thanksgiving, whereas a continuance of 

two months would require the trial to cross the Thanksgiving, Christmas, and New Year’s 

holidays such that maintaining the current venire panel would be essentially impossible. 

Accordingly, the United States respectfully requests that this Court deny 

Defendants’ motion for a two-month continuance. 

Respectfully submitted this 2nd day of August, 2023.

GARY M. RESTAINO

United States Attorney

District of Arizona

KENNETH POLITE

Assistant Attorney General 

Criminal Division, U.S. Department of Justice

s/Austin M. Berry

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AUSTIN M. BERRY

Trial Attorney

KEVIN M. RAPP

MARGARET PERLMETER

PETER KOZINETS

ANDREW STONE

DANIEL BOYLE

Assistant U.S. Attorneys

CERTIFICATE OF SERVICE

I hereby certify that on August 2, 2023, 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/ Austin M. Berry Austin M. Berry

Trial Attorney

Case 2:18-cr-00422-DJH Document 1662 Filed 08/02/23 Page 3 of 3