Vennes/Fry Trial Postponed Again to 2/12/13
From the docket:
On July 30, 2012, the Court held an informal status conference in this matter. At that conference, Defendant Frank Elroy Vennes, Jr. orally moved to continue the trial date in this case due to continuing health issues following surgery in January 2012, as detailed in submissions from Vennes’s treating physicians. Co-defendant James Nathan Fry has indicated, through counsel, that he takes no position on the Motion. The Government objects, arguing generally that Vennes has not set forth sufficient grounds to continue the trial.
The Court finds, under the circumstances, that a continuance is appropriate to ensure that Vennes is fully able to prepare for his defense in this action and cogently and completely participate in all phases of the trial. The Court further finds that the interests of justice in granting a continuance outweigh the best interests of the public and the parties in a speedy trial. 18 U.S.C. § 3161(h)(7)(a).
1. JURY SELECTION will commence in this action on Tuesday, February 12, 2013, at 9:00 a.m., in Courtroom 7A, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota;
2. A JURY TRIAL will commence immediately following jury selection and continue from day to day until concluded;
3. A STATUS CONFERENCE before the undersigned will be held on Friday, January 25, 2013, at 8:00 a.m. in Courtroom 7A, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota. Among other things, the Court intends to address the parties’ Motions in Limine (see below) at the status conference;
4. A FINAL PRE-TRIAL CONFERENCE before the undersigned will be held on Monday, February 11, 2013, at 8:00 a.m. in Courtroom 7A, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota;
5. Expert disclosures and reports shall be exchanged on or before December 3, 2012;
6. Rebuttal expert disclosures and reports shall be exchanged on or before January 11, 2013;
7. Exhibit and witness lists shall be exchanged and filed on or before December 3,
2012;
8. Witness statements (including memoranda of interviews, Jencks statements, and Giglio materials) shall be exchanged on or before January 11, 2013;
9. Proposed voir dire questions and proposed jury instructions shall be served and filed on or before December 3, 2012;
10. Motions in Limine shall be served and filed on or before December 3, 2012;
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11. Responses to Motions in Limine shall be served and filed on or before December 14, 2012; and
12. The period from the date of this Order through February 12, 2013, shall be excluded from the Speedy Trial Act computations in this case.
Dated: August 20, 2012
Richard H. Kyle RICHARD H. KYLE United States District Judge
