OK - now Jan 6 case of US v. Hale-Cusanelli is before DDC Judge McFadden, with an eye to setting a trial date. Inner City Press has covered the case innercitypress.com/ddc58haleicp06… and will live tweet, thread below. DOJ videos still withheld, song: soundcloud.com/innercitypress…
AUSA: I understand that the defendant is detained and I take that seriously, but there must be more time. The volume of evidence is unprecedented.
Judge McFadden: You continue arresting people?
AUSA: The bucket of evidence is enormous. Human actors cannot review
Judge McFadden: You continue arresting people?
AUSA: The bucket of evidence is enormous. Human actors cannot review
AUSA: We only have one actual computer system that can handle that volume. I cannot email it to defense counsel. We are working with the contractor.
Judge McFadden: My concern is that the US chose to arrest and charge him 6 months ago, you do not allege he is violent, but you say months more before a trial.
AUSA: I hear what you're saying. The defendant may not have been violent, but this was a violent crime.
AUSA: I hear what you're saying. The defendant may not have been violent, but this was a violent crime.
AUSA Fifield: I come from a DOJ white collar section-
Judge McFadden: There, you wouldn't arrest & then investigate.
AUSA: I wouldn't put it that way. Look at video -
[Inner City Press: we'd like to but DOJ is withholding videos used in court in eg US v. Jensen
Judge McFadden: There, you wouldn't arrest & then investigate.
AUSA: I wouldn't put it that way. Look at video -
[Inner City Press: we'd like to but DOJ is withholding videos used in court in eg US v. Jensen
AUSA: With all due respect, the Speedy Trial Act.. the consideration here is the best interest of justice. We need more time.
Judge McFadden: I'm not inclined to toll the Speedy Trial clock. What's your perspective?
AUSA: I'd like to hear from the defense.
Judge McFadden: I'm not inclined to toll the Speedy Trial clock. What's your perspective?
AUSA: I'd like to hear from the defense.
AUSA: I'm thinking early 2022, not before January.
Defense: I'm glad my client is here in person.
Judge McFadden: Yes, I'll have plenty of opportunity to hear from Mr. Hale-Cusanelli. And you - Marshals, is that possible? Maybe after.
Defense: November trial?
Defense: I'm glad my client is here in person.
Judge McFadden: Yes, I'll have plenty of opportunity to hear from Mr. Hale-Cusanelli. And you - Marshals, is that possible? Maybe after.
Defense: November trial?
Defense: Or I'll move for release from incarceration, the trial in January or February.
Judge McFadden: So you do want to choose a trial date today?
Defense: Yes.
Judge McFadden: I agree plea negotiations and a trial date are not mutually exclusive.
Judge McFadden: So you do want to choose a trial date today?
Defense: Yes.
Judge McFadden: I agree plea negotiations and a trial date are not mutually exclusive.
Judge McFadden: How long would the US case take?
AUSA Fifield: I couldn't say, without speaking with my supervisor.
Judge McFadden: But I said today was to pick a trial date.
AUSA Fifield: I thought it was for a guilty plea. I can't commit to length of US' case.
AUSA Fifield: I couldn't say, without speaking with my supervisor.
Judge McFadden: But I said today was to pick a trial date.
AUSA Fifield: I thought it was for a guilty plea. I can't commit to length of US' case.
Judge McFadden: Ms Fifield, are you available on Tuesday, November 9?
AUSA: Let me check my calendar... Yes, but we cannot meet our discovery obligation by then.
Judge McFadden: I may revisit, but I am concerned with Constitutional rights at issue here.
AUSA: Let me check my calendar... Yes, but we cannot meet our discovery obligation by then.
Judge McFadden: I may revisit, but I am concerned with Constitutional rights at issue here.
Judge McFadden: The US keeps arresting people and creating new discovery.
AUSA Fifield: That is speculative. We're concerned about the evidence we already have, that we are obligated by law to disclose.
[This while DOJ withholds even videos it show in court]
AUSA Fifield: That is speculative. We're concerned about the evidence we already have, that we are obligated by law to disclose.
[This while DOJ withholds even videos it show in court]
AUSA Fifield: At this point there are 550 people charged.
Judge McFadden: And counting.
AUSA: Each case, we have FBI agents and prosecutors reviewing 1000s of hours of videos, with 100s of people in them. Do the multiplication.
Judge McFadden: And counting.
AUSA: Each case, we have FBI agents and prosecutors reviewing 1000s of hours of videos, with 100s of people in them. Do the multiplication.
Judge McFadden: The Attorney General said these cases are his priority. I was told discovery would be ready in June. And here we are.
AUSA Fifield: This is creation of an electronic database that has never existed before
AUSA Fifield: This is creation of an electronic database that has never existed before
AUSA: For the defendant, access to all this discovery should be important.
Judge McFadden: Freedom is also important.
AUSA: But the length of this detention is not extraordinary.
Judge McFadden: I'm not comfortable. I'm setting trial date.
Judge McFadden: Freedom is also important.
AUSA: But the length of this detention is not extraordinary.
Judge McFadden: I'm not comfortable. I'm setting trial date.
Judge McFadden: Trial November 9. Let's come back and talk about intermediate dates, including a cut off for the US to produce discovery it intends to use at trial.
Defense: Let's come back in 2 weeks.
AUSA: How about the next week? Or the week after?
Defense: Let's come back in 2 weeks.
AUSA: How about the next week? Or the week after?
Judge McFadden: Let's do it virtual, August 24, 11 am.
AUSA Fifield: The government wants to toll Speedy Trial Act time until the trial date --
Judge McFadden: Let's just do to the 24th [of August].
Defense: We object to any delay.
Judge: I'll toll to Aug 24th.
AUSA Fifield: The government wants to toll Speedy Trial Act time until the trial date --
Judge McFadden: Let's just do to the 24th [of August].
Defense: We object to any delay.
Judge: I'll toll to Aug 24th.
Judge McFadden: You can talk to your client before he goes back to jail. And I assume DOJ can do something.
Adjourned. Stories soon on InnerCityPress.com and patreon.com/MatthewRussell…
Adjourned. Stories soon on InnerCityPress.com and patreon.com/MatthewRussell…
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