Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Kynaston

United States District Court, E.D. Washington

July 26, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JERAD JOHN KYNASTON (1), SAMUEL MICHAEL DOYLE (2), BRICE CHRISTIAN DAVIS (5), JAYDE DILLON EVANS (6), TYLER SCOTT McKINLEY (7), Defendants.

          ORDER

          WM. FREMMING NIELSEN, SENIOR UNITED STATES DISTRICT JUDGE

         A pretrial conference and motion hearing was held July 25, 2017. The Defendants, who are not in custody, were present and represented as listed in the chart below; Assistant United States Attorneys Russell Smoot and Timothy Ohms represented the Government.

Defendant

Defense Counsel

Jerad John Kynaston (1)

Alison Guernsey and

Jeffrey Dahlberg

Samuel Michael Doyle (2)

Douglas Hiatt and Douglas D. Phelps

Brice Christian Davis (5)

David M. Miller

Jayde Dillon Evans (6)

Nicolas V. Vieth

Tyler Scott McKinley (7)

Richard D. Wall

         The Court addressed the Government's request to amend the May 22, 2017 Order. The Court clarified that the sentence beginning "First, the Defendants provided examples of newly . . . " stated Defendants' position and not the opinion of the Court. The Court noted that later in the Order it stated, "If proven that the Government has possessed Brady materials . . ." illustrating that the Court had not made a determination regarding whether the materials contained Brady information. The Court could not have made such a determination as the Court had not received or reviewed the materials.

         The Court denied Defendants' Motion to Dismiss. ECF No. 762. Though the Court made no findings as to whether the undisclosed materials contained Brady information, dismissal with prejudice is not an appropriate sanction for an alleged pretrial Brady violation. The Court also addressed Defendants' oral motion to require the Government to re-offer previously accepted plea agreements. The Court required that prior to ruling on the oral motion the parties must meet in good faith to discuss settlement options. The Court has reviewed the file and Defendants' Motions and is fully informed. This Order is entered to memorialize and supplement the oral rulings of the Court. Accordingly, IT IS ORDERED that:

         1. Defendants' Motion to Dismiss With Prejudice, filed July 7, 2017, ECF No. 762, is DENIED.

         2. In the previous Order the Court struck trial dates, noted that excludable time would apply, but did not set new trial dates due to uncertainty regarding the late discovery disclosures. The Court finds that the ends of justice served by extending the trial dates in this matter outweigh the best interests of the public and the Defendants in a speedy trial. The Court previously found this matter to be complex.

         3. Trial dates are SET as follows:

(a) Defendant McKinley (7) on November 6, 2017, at 10:00 a.m., in Spokane, Washington.
(b) Defendant Evans (6) on November 13, 2017, at 10:00 a.m., in Spokane, Washington; and
(c) Defendant Davis (5) on November 27, 2017, at 10:00 a.m., in Spokane, Washington.

         4. All time from Defendant McKinley's (7) trial date of July 10, 2017, to the new trial date of November 6, 2017, is EXCLUDED for speedy trial calculations pursuant to 18 U.S.C. § 3161(h)(7).

         5. All time from the Defendant Evans' (6) trial date of July 17, 2017, to the new trial date of November 13, 2017, is EXCLUDED for speedy trial calculations pursuant to 18 U.S.C. § 3161(h)(7).

         6. All time from Defendant Davis' (5) trial date of July 24, 2017, to the new trial date of November 27, 2017, is EXCLUDED for speedy trial ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.