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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. 

James Larkin (2), Scott Spear (3), 

 Defendants. 

CR-18-422-PHX-DJH-2, 3 

UNITED STATES’ SUPPLEMENT TO 

RESPONSE TO DEFENDANTS 

LARKIN AND SPEAR’S MOTION TO 

CONTINUE TRIAL

[Doc. 1526] 

On March 9, 2023, Defendants James Larkin and Scott Spear moved to continue 

trial in this matter, and on the same day, the Court ordered the government to file any 

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response by March 14, 2023, and ordered all parties to set forth their positions on a possible 

severance of certain defendants for trial. See Dkt. No. 1527. On March 14, 2023 the 

government filed its Response, and on March 17, 2023, Defendant Spear filed his Position 

regarding severance. See Dkt. No. 1536. 

In his Position, Defendant Spear quoted from, but did not attach, a letter from 

government counsel to Defendant Spear’s Knapp counsel, Bruce Feder, regarding Mr. 

Feder’s request for release of funds (the “March 7 Letter”). To avoid any confusion over 

the March 7 Letter at the presently-scheduled hearing, attached as Exhibit A to this 

Supplement is the full March 7 Letter referenced in Defendant Spear’s Position.

The government respectfully submits that the March 7 Letter does not support 

Defendant Spear’s claim that the government is seeking to “have it both ways” by opposing 

a continuance here. See Dkt. No. 1536, at 2. Government counsel is obviously not privy to 

the division of labor between Defendant Spear’s multiple counsel, and at the time the 

March 7 Letter was sent, the government had not seen Defendant Spear’s arguments 

regarding Mr. Kessler’s purported inability to prepare for trial, as set forth in his motion to 

continue – which would not be filed for two more days. 

Respectfully submitted this 17th day of March, 2023. 

 GARY M. RESTAINO United States Attorney District of Arizona

 KENNETH POLITE Assistant Attorney General 

Criminal Division, U.S. Department of Justice 

s/Kevin Rapp _____________________ KEVIN M. RAPP

MARGARET PERLMETER

PETER KOZINETS

ANDREW STONE

DANIEL BOYLE

Assistant U.S. Attorneys

AUSTIN BERRY Trial Attorney

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CERTIFICATE OF SERVICE

I hereby certify that on March 17, 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/ Daniel Parke

Daniel Parke

U.S. Attorney’s Office

Case 2:18-cr-00422-DJH Document 1542 Filed 03/17/23 Page 3 of 3