Thread by @McAdooGordon

Denney Case - Arraignment.

Status: The defense lawyer, @shipwreckedcrew, filed a Motion to Dismiss the COMPLAINT, that the Govt conceded today. The Govt got an Indictment last Monday. There are no motions pending to dismiss THAT, although the Govt agrees to it in their pleading.

The purpose of today's hearing is to formally advise the defendant he has been charged under that Indictment, have him enter a plea and set dates for the case.

Given the doings up until now, however, in this case that will definitely NOT be all that happens at this hearing.

I'm in on the public line. We are waiting for the court to call the case.

The clerk asks if Denney has seen the indictment. Ship says he has not literally "seen" it, but the defense lawyers have read it to him. Clerk says fine.

Clerk calling case. Defendant is there by video.

Lawyers identifying themselves.

Judge making sure Denney agrees to proceeding by video. This is required due to covid rules.

Shipley agrees. Judge doing formal procedures. Reading the DDC's rules on Brady requirements. This is standard.

Judge: Govt concedes indictment should be dismissed.

But asks for w/o prejudice. Asking for Ship's position.

There it is: Ship says he's there to plead guilty.

Gov't isn't sure he can waive the statute.

YES he can.

Govt is "confused."

HAHAHAHAHA

AUSA says by operation of law if Complaint is dismissed the indictment must be dismissed also.

This may or may not be right. But NOTHING has been dismissed. The defendant can absolutely waive ALL of it and plead guilty.

Judge identifying the Problem: THEY WANT TO INDICT FOR MORE CHARGES.

They only indicted for ONE charge.

If he pleads to ONE charge, they can't add more.

Judge trying to understand the procedure.

Judge saying he understands an plea today would preclude more charges.

Judge says he hasn't read the Govt's pleading from this morning.

He understands there are significant violations of Denney's rights.

Judge not prepared to proceed today without doing more research.

FFS

They are arguing whether it can be moved.

Ship is vigorously arguing NO. Today is the day for the arraignment. Rule 10 requires a plea of guilty, not guilty or nolo contendre AT THE ARRAIGNMENT, which is today.

GOVT wants 24 hours. Judge is asking for the JAIL's availaiblity.

So now people's rights depend on Zoom availability.

Unbelievable.

Ship asking the judge to order the court to ORDER them not to go back to the grand jury for more charges.

Judge doesn't think he has the power to do that. Says it's the executive branch function.

Judge ordering briefing by noon tomorrow.

Ship objecting to moving the hearing. He demands to be able to enter his plea of guilty today.

Judge "denies" that.

Ship pointing out his motion to dismiss was limited to the Complaint, not the Indictment. There is no motion pending to Dismiss the Indictment.

Ship asking for a 10 minute "breakout" this is how the lawyers talk privately on the videoconferencing system with the client.

Jail reporting no Zoom time and Marshal's need time.

Ship says they will respond to the court. Asks for the court to order.

Judge thinking about what to do. He says the arraignment can take place by video by rule, the plea can be done by video due to covid if court makes findings in interest of judgement, so if a in-person hearing is ordered, it can be Thursday.

Judge tentatively setting it for 3:30 on Thursday for an in-person hearing.

Judge telling the defense lawyers they can contact the court to change if they change strategy.

Ship asking for a hearing TOMORROW. The Marshal's will obey the court.

Defense lawyers asking to talk to client privately.

Judge says due to pandemic, it would be difficult to do what Shipley is asking - for hearing tomorrow.

It is unbelievable that a federal judge can not figure out to just follow the rules of the court in this scenario.

Unbelievable.

The govt will probably go to the grand jury to get a superceding indictment, so Denny's legal rights are now being determined by the fact that a judge won't follow the rules and whether or not the jail that the defendant is at has Zoom capability or not on a given day.

Ship objected to not being able to enter a plea today. Rule 10 says that at the hearing, the defendant is to enter a plea of guilty, not guilty or nolo contendre. The judge HAS to enter a plea of some kind at the arraignment. It's up to the defendant to decide which plea.

The judge is denying Denney his right to enter a plea at his arraignment because the Govt doesn't like the plea the he wanted to enter (guilty) because they have a plan to go get a superceding indictment with more charges after today (they thought he would plead not guilty).

It is outrageous that a judge would not let a defendant enter a guilty plea because the Govt does not want the defendant to plead guilty. The only reason he's delaying the hearing is to permit that possibility.

Judge back. Ship saying again they he object. He says it will prejudice the defendant not to enter the plea today. Wants the hearing tomorrow in person if not going forward today.

Judge concerned about Mr. Denney's rights.

He's looking at the Guidelines. Talking about what the guidelines would be under the Guidelines.

Talking about how bad the guidelines could be.

GUESS WHAT JUDGE: it will be worse on a superceding indictment or ANY plea the Govt offers.

It's not his job to do the defense lawyer's job.

He's telling Ship things that any competent lawyer already knows.

This is just that the judge doesn't want to rush.

Ship saying he was an AUSA for 22 years and 8 years as a defense lawyer for 9 now.

He has spent HOURS talking to this client.

He knows exactly what he's doing in this case.

He's telling the judge the client is a veteran, has no criminal record, he's the custodial parent of two teens.

He's telling the judge why he thinks this move is in the client's interest.

This judge is WAY OUTSIDE of his lane with this argument. He's not the defense lawyer.

Now he's complaining that Ship didn't alert them. THAT's so that the Govt couldn't add more charges.

Judge talking about how the guidelines could play out.

THOSE ARE ISSUES FOR THE DEFENSE LAWYER TO DECIDE.

Prosecutor now says that they have conferred with supervisors and they don't object to him pleading to the Indictment. Wow.

Judge mollified now with that.

Asks the lawyers to brief him for Thursday.

Now willing to set the hearing for a plea.

Clerk saying the Zoom will be too short for a plea.

Judge say's since it will be a plea, they will do it in person.

Judge asking if all counsel have anything else. No one does.

Hearing is over. It will be a guilty plea on Thursday.

The reason Ship was pushing so hard for that in short is because pleading to a one count indictment with the ability to argue all factors to the court is going to be better than ANY plea they would have ever offered him and WAY less than a sentence after a trial.

I will be putting an article up about this on RedState later with a more detailed explanation.