IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

UNITED STATES OF AMERICA,

Plaintiff,

vs. No. CR 11cr359 JAP

MEONAHAN SCOTT PRAIRIECHIEF,

Defendant.

ORDER

On September 23, 2011, Assistant Federal Public Defender Robert W. Pepin, Counsel for the

Defendant filed an Unopposed Motion to Vacate the Trial Date of October 24, 2011, and Schedule a Status

Conference [Doc. No. 20]. Counsel for the Defendant is requesting additional time to receive results from

DNA and fingerprint testing; to conduct extensive investigation on the Southern Ute Reservation and

throughout Southwestern Colorado, which will require approximately three months; to prepare for litigation;

to determine if motions should be filed; and to determine if Defendant should enter into plea negotiations.

Having considered the above matters, I find that there is insufficient time to prepare for a trial

beginning October 24, 2011. Consequently, the trial setting of October 24, 2011, should be vacated and trial

should be rescheduled on February 27, 2012, at 1:30 a.m. in Durango, Colorado. I find under 18 U.S.C.

§3161(h)(7)(A) that the ends of justice served by continuing the trial from October 24, 2011, to February 27,

2012, outweigh the best interests of the public and the Defendant in a speedy trial, because denial of the

continuance would result in a miscarriage of justice by denying the parties adequate time to prepare for trial. 

Continuance of the trial from October 24, 2011, to February 27, 2012, does not result from congestion of the

Court’s docket; instead, continuance is required for the reasons stated above.

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IT IS THEREFORE ORDERED THAT: Defendant’s Unopposed Motion to Vacate Trial Date of

October 24, 2011, and schedule a Status Conference [Doc. No. 20] is granted; and

1. A status conference is set for Friday, December 16, 2011, at 2:00 p.m. at 103 Sheppard

Drive, Room 235, Durango, Colorado; and

2. Jury Selection and Trial are rescheduled on February 27, 2012, at 1:30 p.m. Jury

Selection will be held at the La Plata County Courthouse 1060 East 2nd Ave.– Division I Courtroom on

the 2nd Floor. After the jury is selected the trial will commence at 103 Sheppard Drive, Room 235,

Durango, Colorado. The time between October 24, 2011 , and February 27, 2012, is excluded for

purposes of the Speedy Trial Act, 18 U.S.C. §3161 et seq.

_________________________________________

 SENIOR UNITED STATES DISTRICT JUDGE

DATED: September 29, 2011

Case 1:11-cr-00359-JAP Document 22 Filed 09/29/11 USDC Colorado Page 2 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

BEFORE THE HONORABLE JAMES A. PARKER

Jury Selection will be held at the La Plata County Courthouse

1060 East 2nd Ave.– Division I Courtroom on the 2nd Floor

Trial will be held at 103 Sheppard Drive, Room 235

DURANGO, COLORADO

 

BY DIRECTION OF THE HONORABLE JAMES A. PARKER, the

following criminal case will come on for JURY SELECTION AND TRIAL ON

MONDAY, FEBRUARY 27, 2012, AT 1:30 P.M. IN DURANGO.

A status/pre-trial conference is set for Friday, December 16,

2011, at 2:00 p.m. at 103 Sheppard Drive, Room 235.

Proposed voir dire questions to the jury, jury instructions, and

motions in limine are due on Monday, February 20, 2012. Please refer to the

enclosed page for trial guidelines for Judge Parker. 

 Please mark and list your exhibits BEFORE YOUR TRIAL COMMENCES.

Plaintiff’s exhibits are to be marked numerically, and defendant’s exhibits are to

be marked alphabetically.

Inquiries and notice of change of plea should be directed to Cynthia

Blumenthal, Courtroom Deputy at (505) 348-2230.

THIS COPY OF THE COURT CALENDAR SERVES AS

YOUR NOTICE OF HEARING. 

11cr359 JP USA v. Meonahan Scott Prairiechief

Attorney for USA - Dondi Jean Osborne

Attorney for defendant - Robert William Pepin (Denver)

 John C. Baxter (Durango)

Case 1:11-cr-00359-JAP Document 22 Filed 09/29/11 USDC Colorado Page 3 of 5
IN THE UNITED STATES DISTRICT COURT

TO: TRIAL COUNSEL

RE: TRIALS BEFORE THE HONORABLE JAMES A. PARKER

1. In criminal cases, exhibits must be marked and shown to opposing counsel at least two

days prior to jury selection. Any objections to any exhibits will be addressed prior to

jury selection. The marking of exhibits and hearings on objections to exhibits must not

occur in the presence of the jury. Witness lists and exhibit list must be filed with the

Clerk’s Office.

2. Stand when questioning witnesses, objecting or addressing the court. (Persons with

physical disabilities are excused from this requirement.)

3. Stand behind the podium while examining witnesses unless permitted by the court to

leave the podium.

4. Before examining a witness about documentary exhibits, have photocopies of the exhibits

at the podium and place all of the original documentary exhibits, stacked in the order

they will be discussed, on the witness stand. 

5. State every objection concisely and identify the rule of evidence on which it is based. Do

not argue the objection or with the ruling of the court in the presence of the jury. Do not

make motions (e.g., a motion for mistrial) in the presence of the jury. Motions may be

made either at a bench conference or during the first recess without waiving any rights by

delay.

6. Face the witness and not the judge or the jury while questioning a witness.

7. Anticipated evidentiary problems must be called to the attention of the court sufficiently

in advance of the day during which the problems will arise to permit the court time to

conduct a hearing prior to the scheduled beginning time of that day's session.

Case 1:11-cr-00359-JAP Document 22 Filed 09/29/11 USDC Colorado Page 4 of 5
(Pltf's) or (Deft's)

 REQUESTED

INSTRUCTION NO. 1

You have now heard all

of the evidence in the case as well as

the final arguments of the lawyers

for the parties.

It becomes my duty,

therefore, to instruct you on the rules

of law that you must follow and

apply in arriving at your decision in

the case.

In any jury trial ....

Smith v. Jones, 1 F3d 1

Fig. 1 

8. JURY INSTRUCTIONS. Standard instructions; e.g. introductory and those relating to

burden of proof, credibility issues and duties of jurors, etc., must not be submitted. (The

Court has a set of standard instructions.) Counsel must meet and confer and make a good

faith effort to agree on all non-standard instructions; e.g. elements of the alleged offense,

special defenses, etc. The parties must jointly submit one set of agreed upon nonstandard instructions. Requested instructions to which the parties cannot agree must be

submitted separately by each party.

The originals of the agreed set and of the requested instructions must contain citations at

the bottom (See Fig. 1) and must be submitted to the Clerk for filing.

Submit to Judge Parker's office:

(a) One exact copy of the instructions that are filed with the Clerk, showing a heading

and citations at the bottom (Fig. 1); and

(b) Instead of submitting a computer disk, counsel may make arrangements to submit the

instructions by e-mail.

SAMPLE INSTRUCTION

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