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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION NO.

4:12-CR-88-H-1 UNITED STATES OF AMERICA ) ) v. ) ) STEPHEN A. LAROQUE ) SECOND JOINT MOTION FOR CONTINUANCE OF MOTION DEADLINES, ARRAIGNMENT, AND TRIAL DATE

The United States Attorneys Office for the Eastern District of North Carolina and defense counsel jointly move the Court to continue the motion deadlines, arraignment, and trial date in this case due to the reasons set forth below. 1. On July 17, 2012, a federal grand jury returned an eight-

count Indictment charging the Defendant with theft of government funds and money laundering. By letter dated August 30, 2012, the

Government provided the defense with a significant amount of discovery in this matter. On September 17, 2012, the Court granted the first joint continuance motion and set the trial in this matter for its February 12, 2013, criminal docket. deadlines were continued to January 2013. 2. On December 20, 2012, a federal grand jury returned a indictment against the defendant containing the Pretrial motion

superseding

original eight charges and adding two fraud counts and two tax counts. Additional discovery pertaining to the case, consisting

primarily of evidence relating to the new counts and investigative material obtained since the July 2012, indictment, will be provided to the defense by letter dated January 10, 2013.

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3.

As previously represented to the Court, if this case were

ultimately to proceed to trial the parties would need to present a significant amount of financial evidence and a relatively large number of witnesses. The recently added charges make it necessary

for the parties to also address certain tax issues to the jury. The requested continuance is necessary to allow the parties to reach stipulations and agree on the admissibility of summary exhibits in order to streamline the presentation of each sides evidence. 4. The requested continuance is also necessary to allow

defense counsel sufficient time to explore some of the new charges made against the defendant and to accommodate conflicts anticipated for witnesses involved in the accounting and tax preparation businesses. 5. In light of the complexity of the case, the continued

discovery challenges in this case, anticipated witness conflicts through April 15, 2013, and to provide defense with sufficient time to prepare a defense relating to the newly added charges, the undersigned attorney and defense counsel jointly request the

following scheduling dates: (a) pretrial motions due no later than April 3, 2013; (b) responses to pretrial motions due no later than April 18, 2013; and (c) trial and arraignment of this matter during the Courts May 2013, criminal term of court. 6. Both parties agree that the ends of justice served by

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granting the continuance outweighs the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. 3161(h)(7)(A). Specifically, both parties agree that the requested continuance is necessary due to the complexity of the case and to allow each side sufficient time to prepare an orderly presentation of evidence at any trial in this case. See 18 U.S.C. 3161(h)(7)(B)(ii).

WHEREFORE, the Government and the defense respectfully request that the arraignment and trial in this case be continued to the Courts May 2013 criminal docket. In addition, the parties request that the motion deadline be extended to April 3, 2013, and the deadline for response motions be extended to April 18, 2013. Respectfully submitted, this 9th day of January, 2012. THOMAS G. WALKER United States Attorney, BY: /s/ Dennis M. Duffy DENNIS M. DUFFY, Assistant U.S. Attorney 310 New Bern Avenue, Suite 800 Raleigh, North Carolina 27601 Telephone: (919) 856-4530; Fax: (919) 856-4487 E-mail: dennis.duffy@usdoj.gov NC Bar No. 27225

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CERTIFICATE OF SERVICE This is to certify that I have this 9th day of January, 2013, served a copy of the foregoing upon the defendant in this action either electronically or by depositing a copy of the same in the United States mail in a postpaid envelope addressed as follows: Mr. Joseph A. Cheshire V Mr. Elliot S. Abrams Cheshire Parker Schneider & Bryan, PLLC 133 Fayetteville Street Raleigh, North Carolina 27602 THOMAS G. WALKER United States Attorney, BY: /s/ Dennis M. Duffy DENNIS M. DUFFY, Assistant U.S. Attorney 310 New Bern Avenue, Suite 800 Raleigh, North Carolina 27601 Telephone: (919) 856-4530; Fax: (919) 856-4487 E-mail: dennis.duffy@usdoj.gov NC Bar No. 27225

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