1The government states that the motion to stay includes

Reid’s renewed motion for transcripts. Those motions are

docketed separately as document number 276 and number 277.

UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Civil No. 05-cr-057-JD

Gordon Reid

O R D E R

On April 27, 2006, Gordon Reid filed motions for

transcripts, for a stay of the proceedings, for access to the

court, and for a protective order.1 On May 10, Reid filed a

supplemental motion for transcripts. The government moves for an

extension of time to respond, in order to receive reports that it

has requested from the Strafford County House of Corrections

pertaining to recent incidents at the jail involving Reid. 

Reid represents in his affidavit attached to his motion for

access to the court (document no. 278) that in the middle of

March, following an incident when he refused to lock down, he was

told by Captain McPherson that other inmates resented the amount

of time Reid spent working on his criminal defense and that if

Reid continued to receive incident reports, McPherson would move

him to “HP1" where it would be more difficult for him to work on

Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 1 of 5
2

the law computer. Reid states that on March 30, 2006, he was

attacked by another inmate and was given an incident report for

fighting. He was then moved to “HP2" and put in twenty-three

hour lock-down without access to writing materials or the law

computer. After Reid was moved to “H Unit,” he was involved in a

second incident on April 14, 2006, and he was returned to “HP2,”

“D Unit,” again without access to law materials or the law

computer. Reid also states that he was denied access to the

telephone. 

Before the incidents occurred that have led to Reid’s

current motions, Reid was granted an opportunity to supplement

his pending motions to dismiss and to disqualify Assistant United

States Attorney Fitzgibbon after he received the transcripts from

his first trial. The transcripts of Reid’s first trial were

produced and sent to Reid at the Strafford County House of

Correction by April 18, 2006. In his supplemental motion for

transcripts, Reid states that on April 26, 2006, Lieutenant

Cullen brought him transcripts in a single stack without their

envelopes or covers. He says that after inspection, he concluded

that the transcripts appeared to be incomplete. A hearing is

scheduled to be held on May 16, 2006, to address the issue of the

transcripts. Because the transcript issue will be resolved at

the hearing on May 16, 2006, there is no need at this time to

Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 2 of 5
3

stay these proceedings or to extend the deadlines for

supplemental responses to the pending motions, based on the

transcripts.

Reid moves for a stay of these proceedings until the court

rules on his motions for transcripts, for access to the court,

and for a protective order. Reid argues that the time he spent

in restricted housing after the incidents noted above has

impaired his ability to prepare his defense. He also asks the

court to order that he have access to a law library and to

restore the opportunities for access to legal materials and the

telephone that he had before the incidents in March and April of

this year.

Although a criminal defendant has a Sixth Amendment right to

represent himself, that right does not require unlimited access

to a law library or law materials. See Kane v. Garcia Espitia,

126 S. Ct. 407, 408 (U.S. 2005) (citing cases). When, as here,

standby counsel is available to assist a criminal defendant,

however, his right to represent himself and his right to have

access to a law library or legal materials are subject to

reasonable restrictions. See, e.g., United States v. Sarno, 73

F.3d 1470, 1491 (9th Cir. 1995); Caton v. Maze, 995 F.2d 881, 881

(8th Cir. 1993); Barham v. Powell, 895 F.2d 19, 23 (1st Cir.

1990); Milton v. Morris, 767 F.2d 1443, 1446 (9th Cir. 1985). 

Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 3 of 5
4

 This case was tried to a hung jury in February of this year

and will be retried beginning on July 18, 2006. Reid was very

well prepared in the first trial, and the second trial will begin

only six months after the first trial ended. Given the proximity

of the two trials, the lack of significant new issues to be

addressed in the second trial, and Reid’s access to his standby

counsel for assistance, Reid has ample time to prepare for the

second trial. 

The reports that the government has requested from the jail

and other information about the incidents and circumstances,

which Reid cites as the basis for his motions, are likely to be

material to the resolution of those motions. The government is

granted an extension of time to respond, with appropriate factual

support, to Reid’s motions for access to the court (document no.

278) and for a protective order (document no. 279) on or before

May 24, 2006. 

Conclusion

For the foregoing reasons, the defendant’s motion for

transcripts (document no. 276) is denied as moot, and the

defendant’s supplemental motion for transcripts (document no.

283) will be resolved at the hearing to be held on May 16, 2006. 

The defendant’s motion for a stay (document no. 277) is denied. 

Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 4 of 5
5

The government’s motion for an extension of time (document no.

281) is granted to the extent that the time for filing the

government’s response is extended to May 24, 2006.

The remaining deadlines are not changed, and the trial will

proceed as scheduled on July 18, 2006.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

May 15, 2006

cc: Gordon Reid, pro se

Michael J. Iacopino, Esquire

Helen W. Fitzgibbon, Esquire

Clyde R.W. Garrigan, Esquire

U.S. Probation

U.S. Marshal

Case 1:05-cr-00057-SM Document 285 Filed 05/15/06 Page 5 of 5